CFPB suggests interpretive rule for paycheck advance products

In a bid to guarantee that workers are aware of the costs and fees of paycheck advance products, the CFPB proposed an interpretive rule in which it explains that these are consumer loans subject to the Truth in Lending Act. The rule is set to also address the unusual practice of workers tipping their lender or employers, as well as to ensure fair competition in the market.

Moreover, the suggested interpretive rule focuses on clarifying that existing law applies to this emerging product market, replacing a 2020 advisory opinion that referred to a specific paycheck advance product no longer common in the current market. The CFPB’s rule explains that the majority of paycheck advance products, even if they are offered via employer partnerships or marketed directly to borrowers, set obligations under the federal Truth in Lending Act.

The current move comes after a set of in-depth analysis conducted by the CFPB, including investigations, market monitoring, coordination with state regulatory bodies, and fact-finding with lenders, employers, and consumer advocacy groups. Additionally, the regulator seeks the public to submit comments on the interpretive rule to advise whether more clarifications are required. The CFPB mentions that comments are set to be accepted until 30 August 2024.

The CFPB’s proposed interpretive rule