South Carolina § 39-5-860 - Earned wage access services; compliance with article.
Full text of South Carolina South Carolina Code of Laws § 39-5-860 — Earned wage access services; compliance with article., with citation guidance and answers to common questions.
§ 39-5-860. Earned wage access services; compliance with article.
The following shall apply in connection with the earned wage access services offered and provided by a provider in compliance with the provisions of this article:
(A) Proceeds provided to a consumer by the provider shall not be considered a consumer loan for purposes of Section 37-3-104 or a loan for purposes of Section 37-3-106.
(B) The provider shall not be considered a lender for purposes of Section 37-3-107(1), unless the provider is conducting business pursuant to Chapter 3, Title 37.
(C) Fees, voluntary tips, gratuities, or other donations paid by a consumer to a provider shall not be considered a loan finance charge for purposes of Section 37-3-109.
(D) The provider shall not be considered to be engaged in the business of money transmission for purposes of Section 35-11-200.
(E) Earned wage access services shall not be considered wage assignment for the purposes of Section 37-3-403.
(F) The provider shall not be considered a deferred presentment provider for purposes of Section 34-39-130 unless the provider is conducting business pursuant to Chapter 39, Title 34.
HISTORY: 2024 Act No. 190 (S.700), SECTION 1, eff November 21, 2024.
Source: official South Carolina text · Last verified 2026-08-27
Frequently Asked Questions About South Carolina § 39-5-860
What does South Carolina Code of Laws § 39-5-860 cover?
Section 39-5-860 ("Earned wage access services; compliance with article.") is part of the South Carolina Code of Laws, the codified statutory law of South Carolina. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.
How do I cite South Carolina § 39-5-860?
A common citation format is "South Carolina Code of Laws § 39-5-860" (South Carolina). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.
Is this the official text of South Carolina law?
No. This page is for research and education and may not include the most recent amendments. For official current law, check the South Carolina official source linked on this page or consult a licensed South Carolina attorney.
How does South Carolina § 39-5-860 apply to my situation?
Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in South Carolina can advise on how this section applies to you. Contact your state or local bar association for a referral.
Sources & Verification
Not legal advice. Verify against the official source and consult a licensed attorney in South Carolina.