Your Paycheck Advance App Is About to Get New Rules. Here's What EarnIn and DailyPay Can't Charge You For.

Update, September 4, 2026: Congress still has not acted, but a state has. Maryland Senate Bill 94 was signed as Chapter 170 and takes effect October 1, 2026. It bans earned wage access providers and consumer lenders from soliciting or receiving a tip outright, and requires any tip they take to be returned within seven days. Maryland’s labor department, which requested the bill, put the reason on the record: tips “can function like undisclosed finance charges or interest and exploit financially vulnerable Marylanders into paying more than they otherwise must.” Maryland caps interest on consumer loans of $2,000 or less at 33%. The apps’ whole position was that a tip is not interest, so the cap does not reach them. One state just rejected that. The action below is unchanged, and outside Maryland you are still the one who has to turn the tip off.

If your paycheck advance app charges a “tip” to move $100 forward a few days, that’s a triple-digit APR by anyone’s math. Congress is about to draw the line.

The House Financial Services Committee cleared the Earned Wage Access Consumer Protection Act (H.R. 9330) at the end of June on a bipartisan committee vote, the first federal framework for the apps millions of hourly workers now use to grab their pay before payday. EarnIn, DailyPay, MoneyLion Instacash, Chime SpotMe, PayActiv. More than 10 million U.S. workers have used one, and CFPB data pegged the market at 214 million transactions in a single recent year.

The bill has not become law. It heads to the full House next, and the Senate path is thin. But the industry has been writing itself into these rules for two years, and what the bill actually says tells you what the game has been.

Here’s what they don’t tell you. The pitch on every one of these apps is that tips are optional and there is no interest. Both statements are technically true and completely beside the point. If you tip $3 to grab $100 and pay it back in a week, the annualized cost lands around 156%. Add a $3.99 express fee and the Center for Responsible Lending has clocked it at about 367%. A storefront payday loan runs 400%. The math does not care what you call it.

The bill would force four changes worth knowing right now. Every provider that charges for a same-day advance would have to offer the same amount at no cost through a slower transfer, the free path most apps already have but bury behind three menus. Providers could not report a repayment gap to your credit bureau, so if yours is already threatening a credit ding, that is the practice the bill exists to outlaw. Providers could not sue, arbitrate, or hand the account to a collector for a missed repayment, and they could not charge late fees or interest. And if the provider pulls on a different date or a different amount than what you agreed to, and that triggers an overdraft, they would have to pay you back for the bank fee.

Do this now, regardless of whether the bill reaches the President’s desk. Open the app you use and find the no-cost transfer path. It is there. Turn off the tip default. Turn off express transfers. If you cannot wait one to two days for the money, the app has already made the case against itself: it is a loan, and it is not free.

Watch the running total. The bill would require providers to show you tips and fees paid this pay period and year to date, because most people who take a $9 advance every Wednesday do not add up what they spent on tips over the year. That number is the real APR.

If you get a message from your provider threatening credit-score damage, sale to a collector, or a lawsuit for a repayment gap, screenshot it and close the account. That behavior is the exact thing Congress named. Reporting the provider to reportfraud.ftc.gov and to the CFPB does not require the bill to pass.

Not a crisis. A cleanup. If the app treats you like a customer, keep it. If it treats you like a borrower, it is a loan.

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