Delaware 2025-2026 Regular Session

Delaware Senate Bill SB137

Introduced
5/13/25  

Caption

An Act To Amend Title 5 Of The Delaware Code Relating To Earned Wage Access Services Providers.

Impact

The passage of SB 137 will create significant changes in how EWA services are delivered in Delaware. By regulating these services, the bill ensures that consumers can access their earned wages in a fair and responsible manner. This legislation is especially important as it legitimizes EWA services, which have been operating in a largely unregulated environment until now. By establishing clear operational guidelines and consumer protections, the bill promotes responsible practices among EWA providers. Additionally, it ensures that consumers are educated about their rights when utilizing these services.

Summary

Senate Bill 137, introduced in the Delaware General Assembly, seeks to amend Title 5 of the Delaware Code to establish a regulatory framework for Earned Wage Access (EWA) services providers. EWA allows workers to access their earned wages before their scheduled payday, which can help improve their cash flow and alleviate financial stress. The bill aims to create a licensing system for EWA providers, requiring them to follow specific operational guidelines and ensuring consumer protection measures are in place, including clear disclosures of fees and preventing providers from imposing late fees or interest charges. The new framework recognizes the unique nature of EWA services, distinguishing them from traditional loan products.

Sentiment

The overall sentiment around SB 137 appears to be positive, particularly among proponents who advocate for worker financial wellness and consumer protections. Advocates argue that the bill is a necessary step in providing much-needed financial alternatives to traditional payday loans, which can be predatory. However, there may be some concerns among critics, particularly regarding the potential for misuse or regulation stifling innovation in the Fintech space. As with many regulatory initiatives, there exists a tension between consumer protections and the flexibility and growth of financial services innovations.

Contention

Notable points of contention may arise regarding the balance of regulation. Some stakeholders could argue that while regulations are important for consumer protection, they may inadvertently limit the ability of EWA providers to offer creative, flexible solutions to consumers. It will be essential for the Delaware General Assembly to monitor the implementation of this regulatory framework to ensure it meets its intended goals without creating obstacles for providers that wish to operate responsibly. Observations in how other states regulate similar services may provide valuable insights for Delaware's approach.

Companion Bills

No companion bills found.

Similar Bills

ND HB1393

Earned wage access providers; and to provide a penalty.

KS HB2105

Prohibiting postsecondary educational institutions from taking certain actions regarding admission applicants, applicants for employment and faculty concerning diversity, equity or inclusion, exceptions, providing for civil remedies and penalties, submitting a report to the legislature and posting information on the board of regents website.

TX HB2043

Relating to the regulation of earned wage access services; requiring an occupational registration; imposing fees.

MA H4456

Relative to financial technology services

MA S725

Relative to financial technology services

MA H1119

Relative to financial technology services

TX HB3827

Relating to the regulation of earned wage access services; requiring an occupational license; providing an administrative penalty; imposing fees.

KS HB2560

Enacting the Kansas money transmission act and the Kansas earned wage access services act, providing when applications under the state banking code are considered abandoned or expired, allowing an originating trustee to have such trustee's principal place of business outside of Kansas, authorizing any person to become a depositor or lessor of a safe deposit box, providing methods in which bank deposits may be withdrawn by a depositor and prohibiting banks from requiring a cosigner for an account of a child in the custody of the secretary for children and families, secretary of corrections or a federally recognized Indian tribe.