Creates certain requirements for certain earned income access services and related provider contracts.
Impact
S2397 impacts existing financial service statutes by imposing new requirements on providers of earned income access services. This includes obtaining a license from the Department of Banking and Insurance, which will evaluate the applicant's qualifications, integrity, and organizational capacity. The licensing requirement aims to prevent fraud and protect consumers by ensuring that only legitimate providers can operate in the state. Furthermore, any services that fail to meet the bill's provisions could be classified as loans, subjecting the provider to stricter lending laws, including civil and criminal usury laws.
Summary
Senate Bill S2397 establishes specific regulations for earned income access services in New Jersey, aimed at providing greater protection to consumers engaging with these services. The bill defines 'earned income access services' as the delivery of funds representing earned but unpaid income to consumers, differentiating such transactions from loans. It mandates that service providers verify a consumer's earned income prior to the disbursement of funds, ensuring that consumers receive their earned wages before the typical payment date.
Contention
Notable points of contention surrounding S2397 may center on the balance between consumer protection and the accessibility of earned income access services. Supporters argue that regulation will prevent predatory practices but critics may contend that the restrictions could limit consumer access to financial resources, especially for those in precarious financial situations. Additionally, the requirement that providers seek consent from consumers and obligors before sharing information holds potential implications for the existing dynamics between employees, employers, and financial service providers.
Wages; creating the Oklahoma Earned Wages Access Services Act; allowing an earned wage access services provider to provide certain services. Effective date.
Relating to the regulation of earned income access providers and earned income access transactions; requiring an occupational license; authorizing fees; providing an administrative penalty; creating a criminal offense.
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.
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.