The following shall apply in connection with the earned wage access services offered and provided by a provider in compliance with the provisions of this article: (A) Proceeds provided to a consumer by the provider shall not be considered a consumer loan for purposes of Section 37-3-104 or a loan for purposes of Section 37-3-106. (B) The provider shall not be considered a lender for purposes of Section 37-3-107(1), unless the provider is conducting business pursuant to Chapter 3, Title 37. (C) Fees, voluntary tips, gratuities, or other donations paid by a consumer to a provider shall not be considered a loan finance charge for purposes of Section 37-3-109. (D) The provider shall not be considered to be engaged in the business of money transmission for purposes of Section 35-11-200. (E) Earned wage access services shall not be considered wage assignment for the purposes of Section 37-3-403. (F) The provider shall not be considered a deferred presentment provider for purposes of Section 34-39-130 unless the provider is conducting business pursuant to Chapter 39, Title 34. HISTORY: 2024 Act No. 190 (S.700), Section 1, eff November 21, 2024.
South Carolina Legal Code