Attorney general opinion
Cash advance app rules in Montana
Montana has no earned wage access statute; a Dec. 22, 2023 Attorney General opinion says EWA providers meeting certain conditions do not need a consumer loan or deferred deposit loan license.
From official sources, checked 2026-10-18.
- Status
- Attorney general opinion
- In effect since
- —
- License or registration
- No license or registration specific to these products
Fees
- Per the opinion, the EWA product may not condition an advance on "any interest, fees, or other consideration or expenses".
Other rules
- Held: "Earned Wage Access providers do not need to be licensed by the Montana Division of Banking and Financial Institutions under the Montana Consumer Loan Act and Montana Deferred Deposit Loan Act to provide Earned Wage Access products."
- Conditions in the short answer: the product is fully non-recourse, does not condition an advance on interest, fees or other consideration, and limits advances to income already earned.
Enforcement and official actions
- 2023-12-22 Montana Attorney General, opinion. Attorney General Opinion, Volume 59, Opinion No. 2, issued to House Speaker Matt Regier: EWA that meets the stated conditions is not a "consumer loan" or "deferred deposit loan" requiring a license. Official document
A complaint or lawsuit contains allegations; it is not a finding unless a court or agency says so.
What we could not confirm
- Whether Montana enacted an EWA statute in 2025: a Government Index search of legmt.gov found none, but the 2025 session laws were not reviewed in full.
Short on cash in Montana? Cheaper options, including 211 and credit union loans capped at 28% APR.
Sources
Checked 2026-10-18. Not legal advice.