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Assembly Bill A9644A

2025-2026 Legislative Session

Relates to the interest rate cap on cash advances against wages or salary

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Current Bill Status - In Assembly Committee

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Bill Amendments

co-Sponsors

2025-A9644 - Details

See Senate Version of this Bill:
S8939
Current Committee:
Assembly Banks
Law Section:
General Obligations Law
Laws Affected:
Amd §5-501, Gen Ob L

2025-A9644 - Summary

Clarifies that all wage and cash advances against salary or future pay are loans subject to the interest rate cap in the general obligations law.

2025-A9644 - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9644
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by  M. of A. RAGA -- read once and referred to the Committee
   on Banks
 
 AN ACT to amend the general obligations law, in relation  to  clarifying
   that  all wage and cash advances are loans subject to the interest cap
   and finance charges include any amount paid or payable  in  connection
   with a loan
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "Stop
 Taking Our Pay Act".
   §  2.  It  is  the intent of the legislature that this act clarify and
 codify existing law, including that (i) all wage and cash  advances  are
 loans subject to the interest rate cap set forth in section 5-501 of the
 general  obligations  law;  and  (ii) finance charges include any amount
 paid or payable in connection with a loan, whether voluntary  or  other-
 wise,  regardless  of how such amount is denominated, including, but not
 limited to, tips and subscription costs.
   § 3. Subdivision 2 of section 5-501 of the general obligations law, as
 amended by chapter 883 of the laws of 1980 and  as  further  amended  by
 section  104 of part A of chapter 62 of the laws of 2011, is amended and
 a new subdivision 1-a is added to read as follows:
   1-A. FOR THE PURPOSES OF THIS SECTION, THE TERM "LOAN"  SHALL  INCLUDE
 ANY  EXTENSION  OF  CREDIT  OR  ADVANCE OF MONEY ON A BORROWER'S FUTURE,
 EARNED, OR POTENTIAL SOURCE OF MONEY, INCLUDING FUTURE PAY, SALARY,  AND
 EARNED BUT UNPAID WAGES OR INCOME.
   2.  No  person  or  corporation shall, directly or indirectly, charge,
 take or receive any money, goods or things in action as interest on  the
 loan  or  forbearance  of any money, goods or things in action at a rate
 exceeding the rate  above  prescribed.  The  amount  charged,  taken  or
 received  as interest shall include any and all amounts paid or payable,
 directly or indirectly, VOLUNTARY OR OTHERWISE, by any person, to or for
 the account of the lender in consideration for making the loan INCLUDING
 ANY DISCOUNT APPLIED TO ANY AMOUNTS ADVANCED,  IN  CONNECTION  WITH  THE
 LOAN  or  forbearance  as  defined  by  the  superintendent of financial
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

co-Sponsors

2025-A9644A (ACTIVE) - Details

See Senate Version of this Bill:
S8939
Current Committee:
Assembly Banks
Law Section:
General Obligations Law
Laws Affected:
Amd §5-501, Gen Ob L

2025-A9644A (ACTIVE) - Summary

Clarifies that all wage and cash advances against salary or future pay are loans subject to the interest rate cap in the general obligations law.

2025-A9644A (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                  9644--A
 
                           I N  A S S E M B L Y
 
                             January 21, 2026
                                ___________
 
 Introduced  by  M.  of  A.  RAGA,  LEE  -- read once and referred to the
   Committee on Banks --  committee  discharged,  bill  amended,  ordered
   reprinted as amended and recommitted to said committee
 
 AN ACT to amend the general obligations law, in relation to the interest
   rate and finance charges on cash advances of wages or salary

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. This act shall be known and  may  be  cited  as  the  "stop
 taking our pay act".
   § 2. Legislative intent. It is the intent of the legislature that this
 act  clarify  and  codify  existing law, including that (i) all wage and
 cash advances are loans subject to the interest rate cap  set  forth  in
 section  5-501  of the general obligations law; and (ii) finance charges
 include any amount paid or payable in connection with  a  loan,  whether
 voluntary  or  otherwise,  regardless of how such amount is denominated,
 including, but not limited to, tips and subscription costs.
   § 3. Subdivision 2 of section 5-501 of the general obligations law, as
 amended by chapter 883 of the laws of 1980 and  as  further  amended  by
 section  104 of part A of chapter 62 of the laws of 2011, is amended and
 a new subdivision 1-a is added to read as follows:
   1-A. "LOAN" SHALL INCLUDE ANY EXTENSION OF CREDIT OR ADVANCE OF  MONEY
 ON  A BORROWER'S FUTURE, EARNED, OR POTENTIAL SOURCE OF MONEY, INCLUDING
 FUTURE PAY, SALARY, AND EARNED BUT UNPAID WAGES OR INCOME.
   2. No person or corporation shall,  directly  or  indirectly,  charge,
 take  or receive any money, goods or things in action as interest on the
 loan or forbearance of any money, goods or things in action  at  a  rate
 exceeding  the  rate  above  prescribed.  The  amount  charged, taken or
 received as interest shall include any and all amounts paid or  payable,
 directly or indirectly, VOLUNTARY OR OTHERWISE, by any person, to or for
 the  account  of the lender [in consideration for making], INCLUDING ANY
 DISCOUNT APPLIED TO ANY AMOUNTS ADVANCED, IN CONNECTION WITH the loan or
 forbearance as defined  by  the  superintendent  of  financial  services
 pursuant  to subdivision three of section fourteen-a of the banking law,
 INCLUDING FEES, CHARGES, TIPS, SUBSCRIPTION COSTS, AND ANY OTHER  AMOUNT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

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