Technology stocks were advancing premarket Tuesday as the Technology Select Sector SPDR Fund (XLK) was 0.4% higher and the SPDR S&P Semiconductor ETF (XSD) was recently up 0.9%.

Dave (DAVE) and Chief Executive Jason Wilk are facing a complaint filed by the Justice Department for allegedly misleading consumers, the department said. Dave denied the Justice Department's allegations of misleading customers with promises of cash advances, calling the latest complaint a case of "government overreach." Dave shares were down more than 10% pre-bell.

Digital Ally (DGLY) filed a registration statement covering the potential sale of up to 808,377 shares of its common stock on behalf of selling shareholders. Digital Ally shares advanced by over 3% premarket.

Gaxos.ai (GXAI) shares were 1.1% higher after the company said it closed a registered direct offering of about 1.3 million shares at $3 per share.