Conn. Gen. Stat. § 36a-574: Requirements and prohibitions applicable to earned but unpaid wage or salary income advance providers.
Where this section sits in the code
- TITLE 36a. THE BANKING LAW OF CONNECTICUT
- CHAPTER 668. NONDEPOSITORY FINANCIAL INSTITUTIONS
- PART III. SMALL LOAN LENDING AND RELATED ACTIVITIES
(a) An earned but unpaid wage or salary income advance provider required to be licensed under sections 36a-555 to 36a-573, inclusive, shall:
(1) Offer each Connecticut borrower who the provider approves to receive an earned but unpaid wage or salary income advance at least one option per transaction to receive such advance at no cost and clearly disclose the procedure for electing to receive such advance at no cost;
(2) If the provider charges or receives a finance charge:
(A) Offer each Connecticut borrower, who the provider approves to receive an earned but unpaid wage or salary income advance, (i) an earned but unpaid wage or salary income advance in an amount equal to not less than seventy-five per cent of the amount of the Connecticut borrower's earned but unpaid wage or salary income for the pay period, or (ii) not more than one earned but unpaid wage or salary income advance for the pay period; and
(B) Clearly and conspicuously disclose to the Connecticut borrower, for each time that the provider solicits, charges or receives a finance charge purporting to be voluntarily charged, agreed to or paid, that: (i) The finance charge is voluntary; (ii) such borrower may elect a finance charge of zero dollars; and (iii) the amount and frequency of the earned but unpaid wage or salary income advances that a borrower is eligible to request or receive are not contingent on whether the borrower pays or agrees to the voluntary finance charge or whether the borrower has previously paid a finance charge;
(3) Prior to offering or providing a Connecticut borrower an earned but unpaid wage or salary income advance:
(A) Fully and clearly disclose to the borrower: (i) Any finance charge associated with the earned but unpaid wage or salary income advance; (ii) the provider's cancellation procedure; (iii) that the borrower may submit complaints concerning the provider to the Department of Banking via the department's Internet web site; and (iv) a link to such Internet web site;
(B) Verify that the borrower's earned but unpaid wage or salary income meets or exceeds the amount of the earned but unpaid wage or salary income advance by using (i) payroll data of the borrower's employer, (ii) electronic payroll data that the borrower affirmatively authorizes the provider to access, or (iii) any similar data or other reasonable method approved by the Banking Commissioner; and
(C) Require the borrower to attest that the borrower understands that the borrower may not receive more than one earned but unpaid wage or salary income advance from more than one earned but unpaid wage or salary income advance provider on the basis of the same earned but unpaid wage or salary income, or to provide a similar attestation approved by the Banking Commissioner;
(4) Schedule the repayment of any earned but unpaid wage or salary income advance amount, or finance charge, in the form of a single repayment on a date that corresponds to the date of the Connecticut borrower's next scheduled paycheck or direct deposit payment from such borrower's employer and is not more than thirty-four days after the provider provides the earned but unpaid wage or salary income advance to the borrower, except that if such repayment is not made on such date due to a request by the borrower to reschedule the payment, lack of the borrower's available paycheck or direct deposit payment funds or payroll or similar error, the provider shall reschedule such repayment in the form of not more than three installments on any subsequent date or dates agreed to by the borrower at the time when the borrower agrees to the earned but unpaid wage or salary income advance;
(5) Reimburse each Connecticut borrower the full amount of any overdraft or nonsufficient funds fee imposed on the borrower by the borrower's depository institution that is caused by the provider attempting to seek repayment of any earned but unpaid wage or salary income advance amount or finance charge on a date before the repayment date disclosed to the borrower or in an amount other than the repayment amount disclosed to the borrower;
(6) Make readily available to each Connecticut borrower, in electronic form, the following information:
(A) For each earned but unpaid wage or salary income advance provided to the borrower during the preceding twelve months, (i) the date of the earned but unpaid wage or salary income advance; (ii) the amount of any finance charge; and (iii) the amount of the earned but unpaid wage or salary income advance; and
(B) The total amount of (i) all earned but unpaid wage or salary income advances that the borrower has received for the current pay period, if any; (ii) all finance charges for such advances, if any; and (iii) all earned but unpaid wage or salary income for the current pay period that has not been advanced to the borrower, if any;
(7) Allow each Connecticut borrower to cancel any earned but unpaid wage or salary income advance application, service, subscription or program at any time without incurring a fee;
(8) Implement measures to prevent an earned but unpaid wage or salary income advance from being provided to a Connecticut borrower who has previously received an earned but unpaid wage or salary income advance from another earned but unpaid wage or salary income advance provider on the basis of the same earned but unpaid wage or salary income, including, but not limited to, the following measures:
(A) The establishment and implementation of policies and procedures requiring a review and analysis of data in the possession and control of the provider at least once every six months to identify any instance or pattern involving a Connecticut borrower receiving more than one earned but unpaid wage or salary income advance from more than one earned but unpaid wage or salary income advance provider for a single pay period, which totaled more than the borrower's earned but unpaid wage or salary income amount for such pay period; and
(B) Any similar measures the commissioner may require; and
(9) Develop and implement policies and procedures to respond to questions and complaints from Connecticut borrowers in an expedient manner.
(b) An earned but unpaid wage or salary income advance provider required to be licensed under sections 36a-555 to 36a-573, inclusive, shall not:
(1) Charge or receive a total finance charge in excess of the amount permitted by subdivision (1) of subsection (d) of section 36a-558;
(2) Solicit a voluntary finance charge prior to informing the Connecticut borrower of how much earned but unpaid wage or salary income such borrower is approved to request;
(3) Set any voluntary finance charge in an amount greater than zero dollars as the default option offered to a Connecticut borrower;
(4) Share with an employer any portion of a finance charge paid by a Connecticut borrower;
(5) Request repayment for an earned but unpaid wage or salary income advance or finance charge from a Connecticut borrower prior to the date of the borrower's next scheduled paycheck or direct deposit payment from such borrower's employer;
(6) Accept repayment for an earned but unpaid wage or salary income advance or finance charge from a Connecticut borrower by means of a credit card or charge card;
(7) Charge a late fee, a deferral fee, interest or any other penalty or charge for the late repayment of, or failure to repay, an earned but unpaid wage or salary income advance or for the late payment of, or failure to pay, a finance charge;
(8) Compel or attempt to compel repayment by a Connecticut borrower for any earned but unpaid wage or salary income advance or finance charge through any of the following means:
(A) The use of unsolicited outbound telephone calls;
(B) A lawsuit against the borrower in any court in any jurisdiction;
(C) The use of a third party to pursue collection from the borrower on the provider's behalf; or
(D) The sale of an outstanding amount to a consumer collection agency, as defined in section 36a-800, for collection from the borrower;
(9) Require a credit report, credit score or other credit-related information to determine the eligibility of a Connecticut borrower for an earned but unpaid wage or salary income advance; or
(10) Report to a consumer reporting agency, as described in Section 603(p) of the Fair Credit Reporting Act, 15 USC 1681a, as amended from time to time, or consumer collection agency any information about a Connecticut borrower regarding nonpayment for any earned but unpaid wage or salary income advance or finance charge.
Collected 2026-09-06T19:07:26Z. Source file · JSON