Podcasts November 12, 2026

EWA Litigation Trends: Unpacking EWA Class Actions, Mass Arbitrations, and State Enforcement — Crossover Episode With The Consumer Finance Podcast

Payments Pros – The Payments Law Podcast

In this crossover episode of The Consumer Finance Podcast and Payments Pros, Jason Cover is joined by colleagues Erin Edwards, Joe DeFazio, and Dave Gettings to discuss litigation trends in earned wage access (EWA). The conversation begins with an overview of the employer-partnered and direct-to-consumer EWA models and the market’s rapid growth. It then turns to the Consumer Financial Protection Bureau’s (CFPB) shifting position on whether EWA is credit. The panel examines the growing wave of private litigation, including class actions and threatened mass arbitrations. It covers claims under the Truth in Lending Act, the Military Lending Act (MLA), and state lending and unfair or deceptive acts or practices laws. Many of these claims rest on the theory that EWA products are disguised loans, and some district courts have treated EWA as credit even where the consumer has no obligation to repay. They also discuss why the MLA complicates arbitration enforcement, along with the MLA’s credit report safe harbor. From there, the discussion addresses bipartisan proposals in Congress to create a federal framework treating EWA as its own product category, and the open question of state preemption. The panel also covers state attorney general enforcement and the growing patchwork of EWA-specific licensing and disclosure laws. The episode closes with practical takeaways for providers and their employer partners, including building compliance programs that can absorb further CFPB shifts, developing a 50-state strategy, and watching the appellate courts and Capitol Hill.