Earned wage access services, the official text

2025 - 2026 LEGISLATURE
LRB-6272/1
ARG:cjs

2025 ASSEMBLY BILL 1025
February 6, 2026 - Introduced by Representative Dallman, cosponsored by Senator Stafsholt. Referred to Committee on State Affairs.

An Act to create 203.04 (2) (i), 203.04 (5) and 203.09 of the statutes; relating to: earned wage access services.

Analysis by the Legislative Reference Bureau
Under current law, the Department of Financial Institutions licenses and regulates providers of earned wage access (EWA) services. “Earned wage access service” is defined in part as the business of delivering to individuals residing in this state (consumers) access to their earned but unpaid income. “Earned but unpaid income” means salary, wages, or other compensation that has been earned by or accrued to the benefit of a consumer in exchange for the consumer’s services to an employer but that has not yet been paid to the consumer. “Proceeds” means a payment by a provider of EWA services to a consumer based on the consumer’s earned but unpaid income.
Current law imposes various requirements and restrictions on providers of EWA services. For example, a provider of EWA services must offer a consumer an option to obtain proceeds at no cost and must disclose to a consumer all fees associated with the EWA services. A provider of EWA services may not charge a late fee, deferral fee, interest, or other penalty for failure to repay outstanding proceeds.
This bill prohibits a provider of EWA services from charging a fee for delivery or expedited delivery of proceeds to a consumer exceeding $5 for an advance of proceeds of up to $75 or, if the advance is more than $75, exceeding $7.50. The $5 and $7.50 figures are adjusted for inflation at five-year intervals.
The bill also specifies that certain provisions of law—including portions of the Wisconsin Consumer Act and provisions relating to married persons’ credit transactions—do not apply to EWA services offered and provided by a licensed provider of EWA services.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

Section 1. 203.04 (2) (i) of the statutes is created to read:
203.04 (2) (i) Charge a fee, as described in s. 203.01 (9) (a) 1., that exceeds the following:
1. For any advance of proceeds equal to or less than $75, $5, as adjusted under sub. (5).
2. For any advance of proceeds greater than $75, $7.50, as adjusted under sub. (5).
Section 2. 203.04 (5) of the statutes is created to read:
203.04 (5) Beginning on January 1, 2030, and at 5-year intervals thereafter, the division shall adjust the maximum fees specified in sub. (2) (i) to reflect changes since the effective date of this subsection .... [LRB inserts date], in the U.S. consumer price index for all urban consumers, U.S. city average, as determined by the U.S. department of labor. Each adjustment under this subsection shall be published on the department of financial institutions website.
Section 3. 203.09 of the statutes is created to read:
203.09 Applicability. Notwithstanding any other provision of law, ss. 422.201 to 422.310, 422.404, 422.407, 422.414, 425.106 (1) (a), 426.201 to 426.203,
766.555 to 766.565, and ch. 427 do not apply to earned wage access services offered and provided by a licensee in compliance with this chapter.
(end)