Dec 22 (Reuters) - A U.S. consumer finance agency said
on Monday that popular "earned wage" advances on worker
paychecks do not resemble consumer loans, reversing course from
guidance the regulator put out last year under then President
Joe Biden.
In an advisory opinion, the U.S. Consumer Financial
Protection Bureau said most paycheck advances were not subject
to the Truth in Lending Act, meaning that companies that offer
the products are not required to provide workers with certain
disclosures, such as the cost and terms of credit.
The opinion is not legally binding, but is intended to
provide clarity for industry participants, the CFPB said.
A growing number of providers offer paycheck advances,
including digital bank Chime, which allows customers to
access up to $500 of their wages interest-free before payday
with no mandatory fees.
Several states including Nevada and Wisconsin have specified
in state law that such products are not loans, but Congress has
not passed a law clarifying the issue on a federal level.
Last year, the CFPB had released interpretive guidance that
moved to set federal guardrails for the fast-growing market,
stipulating that paycheck advances were equivalent to consumer
loans and arguing that doing so would provide greater
transparency for consumers.
Under President Donald Trump, the CFPB has moved to walk
back several of the agency's actions under the previous
administration, advancing Trump's effort to curtail policies he
views as a burden on businesses.
Last month, the agency proposed narrowing key
civil-rights-era anti-discrimination requirements for the
financial industry, following an executive order from Trump
earlier in the year to eliminate the use of disparate-impact
liability.