; and (B) does not include— (i) a service provider (such as a payroll service provider) whose role may include verifying a consumer’s available earnings but that is not contractually obligated to fund proceeds delivered as part of an earned wage access service; (ii) an employer that offers a portion of salary, wages, or compensation directly to its employees or independent contractors prior to the normally scheduled pay date; (iii) a financial institution (as such term is defined in section 20 of title 18, United States Code) when it permits customers to access amounts associated with an electronic funds transaction for which the financial institution has received information but which has not yet settled; and (iv) a payroll service provider that facilitates payments to workers of earned, available wage balances in accordance with Federal, State, and local law, including the Fair Labor Standards Act of 1938. 3. Non-discrimination It shall be unlawful for any provider to discriminate against any consumer, with respect to any aspect of a transaction on the basis of race, color, religion, national origin, sex, pregnancy, marital status, or age (provided the consumer has the capacity to contract). 4. Requirements applicable to providers (a) Dispute policy Each provider shall develop and implement policies and procedures to respond to consumer disputes and questions raised by consumers. (b) Non-Recourse payments (1) In general A provider may not compel or attempt to compel repayment by a consumer of outstanding proceeds, fees, voluntary tips, gratuities, or other donations to that provider through— (A) a civil suit or arbitration proceeding against the consumer; (B) use of a third party to pursue collection of outstanding proceeds, fees, voluntary tips, gratuities, or other donations on the provider’s behalf