As used in this chapter:
(1) "Consumer" means an individual who resides in the state.
(2) "Division" means the Division of Consumer Protection established in Section 13-2-102.
(3) "Earned but unpaid income" means compensation, including salary, wages, or other income, that:
(a) a consumer earns or accrues through services the consumer provides to an employer or as an independent contractor; and
(b) the employer or hiring party has not yet paid to the consumer.
(4) "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.
(5)
(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.
(6)
(a) "Provider" means a person that engages 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.