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Utah Code
2025 Utah Code
Title 13 - Commerce and Trade
Chapter 78 - Earned Wage Access Services Act
Section 101 - Definitions.
Universal Citation:
UT Code § 13-78-101 (2025)
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Effective 5/7/2025
13-78-101. Definitions.
As used in this chapter:
Enacted by Chapter 237, 2025 General Session
Technically renumbered to avoid duplication of newly enacted code also in HB0217, Chapter 226, also in HB0430, Chapter 266, also in SB0142, Chapter 446, also in HB0441, Chapter 032, also in HB0418, Chapter 468, also in SB0226, Chapter 465.
13-78-101. Definitions.
As used in this chapter:
- (1)"Consumer" means an individual who resides in the state.
- (2)"Earned but unpaid income" means compensation, including salary, wages, or other income, that is:
- (a)earned or accrued by a consumer through services provided to an employer or as an independent contractor; and
- (b)not paid yet to the consumer by the employer or hiring party.
- (3)"Earned wage access services" means the payment of funds to a consumer determined by:
- (a)
- (i)a consumer's representation; and
- (ii)the provider's reasonable determination of earned but unpaid income; or
- (b)employment, income, and attendance data obtained directly or indirectly by a provider from an employer or an employer's payroll service provider.
- (a)
- (4)
- (a)"Fee" means a charge the provider imposes on a consumer for earned wage access services, expedited delivery of funds, or a subscription or membership that includes earned wage access services.
- (b)"Fee" does not include a voluntary tip, gratuity, or donation.
- (5)
- (a)"Provider" means a person engaged in the business of offering earned wage access services.
- (b)"Provider" does not include:
- (i)a service provider, such as a payroll service provider, that verifies, but does not fund, earned wages;
- (ii)an employer that advances a portion of earned wages directly to employees or independent contractors; or
- (iii)a person regulated under Title 7, Financial Institutions Act.
Enacted by Chapter 237, 2025 General Session
Technically renumbered to avoid duplication of newly enacted code also in HB0217, Chapter 226, also in HB0430, Chapter 266, also in SB0142, Chapter 446, also in HB0441, Chapter 032, also in HB0418, Chapter 468, also in SB0226, Chapter 465.
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