HF3448
Consumer small and short-term loans clarified to include earned wage access payday loans.
Legislative Session 94 (2025-2026)
Related bill: SF3831
AI Generated Summary
Purpose
This bill updates Minnesota law to clearly include earned wage access (EWA) payday loans as consumer small loans and consumer short-term loans, and it sets rules for who can offer these loans, how they are defined, and what information they must file with the state.
Main Provisions
- Includes earned wage access payday loans in the definitions of consumer small loans and consumer short-term loans.
- Clarifies key terms used to regulate these loans:
- Consumer small loan: a short, unsecured loan of up to $350 repaid in one installment; can involve a promissory note or a deferral of presenting a personal check; may include various fees.
- Fee: any charge beyond interest or a finance charge, such as membership, convenience, expediting, or tip/donation fees.
- Annual percentage rate (APR): the yearly cost of credit, including interest, fees, and other charges, calculated by standard methods.
- Licensing, filing, and oversight:
- Non-bank entities that want to offer consumer small loans to Minnesotans must file with the commissioner of commerce before operating, pay a $250 filing fee per place of business, show at least $50,000 in liquid assets at the operation location, and provide a biographical statement about the principal leader.
- Filing revocation is handled the same way as for regulated lender licenses.
- Online lenders with no Minnesota physical location are covered.
- Consumer short-term loans:
- Defines a consumer short-term loan as up to $1,300 with an arrangement that requires a minimum payment within 60 days or that sets a default payment schedule, and where each new loan advance counts as a new loan.
- Clarifies what is not included (for example, certain types of loans or loans secured solely by collateral with recourse limited to collateral).
- Defines a consumer short-term lender similarly to the small loan lender, including online lending via Internet or mobile apps.
- Scope of activities:
- Lenders may operate without a physical MN location if they offer loans electronically (Internet or mobile app) to Minnesota residents, but they remain subject to the definitions and filing requirements.
Significant Changes to Existing Law
- Expands the regulatory scope to explicitly cover earned wage access (EWA) payday loans as both consumer small loans and consumer short-term loans.
- Adds explicit filing and asset-availability requirements for non-bank lenders and online lenders.
- Updates definitions to reflect modern lending methods, including online and mobile app platforms.
- Sets clear criteria for loan amounts, repayment timelines, and how new advances are treated (each new advance is a new loan).
Practical Implications
- For consumers: loans that fall under these categories will be regulated under Minnesota law, with defined loan amounts, repayment expectations, and fee considerations.
- For lenders: online and offline lenders must meet filing, asset, and licensing requirements; they must adhere to the defined loan terms and APR methods.
Relevant Changes to Compliance
- Must file with the commissioner before starting to offer these loans (if not a traditional financial institution).
- Must maintain specified liquid assets and provide leadership information.
- If operating online, still subject to Minnesota rules and registration.
What the bill aims to accomplish
- Create a clear, consistent framework that recognizes earned wage access products as regulated consumer loans.
- Align online and offline lending practices under Minnesota’s commerce rules.
- Provide oversight to protect borrowers through defined loan amounts, fees, and repayment structures.
Relevant Terms earned wage access, EWA, payday loan, consumer small loan, consumer short-term loan, annual percentage rate (APR), fee, promissory note, deferral of presentation of a personal check, liquid assets, filing, Minnesota commissioner of commerce, filing fee, online lender, Internet lending, mobile application, non-bank lender, lender license, revocation, repayment schedule, new advance, collateral, Chapter 325J (excluded treatments), recourse, unsecured loan, terms of repayment.
Actions
| Date | Chamber | Where | Type | Name | Committee Name |
|---|---|---|---|---|---|
| February 19, 2026 | House | Action | Introduction and first reading, referred to | Commerce Finance and Policy | |
| March 23, 2026 | House | Action | Author added |
Bill information comes from public records published by the Office of the Revisor of Statutes, the Minnesota House and the Minnesota Senate. AI summaries are written by MinneSlate and are not official. MinneSlate is independent and is not affiliated with the State of Minnesota or the Minnesota Legislature.