Many large employers like Burger King, McDonald's, Kroger, Target, HCA, and UnitedHealthcare partner with DailyPay to offer "Paycheck Advances." Through the DailyPay app, workers apply for a cash advance on their paycheck and pay a fee. A complaint against DailyPay filed by the New York Attorney General says that DailyPay aggressively advertised its Paycheck Advance service, creating a false impression among workers that its immediate advances are free, when in reality, they charge a fee.
The New York Attorney General claims that DailyPay charges employees fees that exceed New York law’s limitations on charging interest for consumer loans. DailyPay also allegedly fails to disclose how much DailyPay users would be receiving, how much they would be paying, and what those payments would be used for. Specifically, the complaint alleges that in a typical Paycheck Advance scenario an employee might receive a $75 loan from DailyPay eight days before payday; on payday, DailyPay would deduct $77.99 from the worker’s paycheck to recover the loan plus $2.99—an annualized percentage rate (“APR”) of nearly 200%. The complaint also alleges that DailyPay traps workers in a cycle of using DailyPay again and again. Based on the data analyzed, about 75% of Paycheck Advances are taken out within four days of the last advance, while nearly three in every five Paycheck Advances are obtained by workers whose prior loan was taken out within two days or less.
The New York Attorney General alleges that DailyPay’s conduct was deceptive and unfair, and in violates New York’s fair lending, consumer protection, and false advertising laws. We believe that DailyPay may have violated consumer protection and fair lending laws in other states. Because DailyPay’s Paycheck Advances essentially functioned as short-term payday loans, we are also investigating whether DailyPay’s conduct further violated federal and state consumer finance laws like the Truth in Lending Act (“TILA”) and Electronic Fund Transfer Act (“EFTA”). We are representing clients in individual consumer arbitration claims against DailyPay. If you have a DailyPay account and received a Paycheck Advance from DailyPay, you may qualify for a claim under federal and state laws depending on your state of residence.