indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439   fax: 202 318 2182
Fredericks Peebles & Morgan LLP
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Law Article: Tribal lenders fight federal agency investigation

Filed Under: Business | Law
More on: 9th circuit, california, cfpb, internet, payday loans
   


The office of American Web Loans in Red Rock, Oklahoma, owned by the Otoe-Missouria Tribe. Photo by Jane Daughtery.

Attorney discusses efforts by the Consumer Financial Protection Bureau to investigate tribal online lending operations:
A California federal court recently issued an order granting the CFPB’s petition to enforce its civil investigative demands (CIDs) issued to three tribally-affiliated payday lenders. However, the court also granted the lenders’ request for a stay pending their appeal to the Ninth Circuit. Although the CFPB did not oppose the stay, the court nevertheless found that if its decision was wrong, the lenders were likely to suffer irreparable harm because of the disclosure of sensitive proprietary documents to the CFPB whereas the CFPB would not be injured by a temporary delay.

The court rejected the lenders’ argument that, as arms of sovereign tribes, they were “sovereigns” and therefore were not “persons” to whom the CFPB can issue CIDs under the Consumer Financial Protection Act (CFPA). According to the court, controlling Ninth Circuit precedent established the rule that laws of general applicability such as the CFPA are presumed to apply with equal force to Indian tribes. Such precedent also recognized three exceptions to the rule where (1) applying the law would interfere with a tribe’s right of self-governance on purely internal matters, (2) applying the law would abrogate treaty rights, or (3) there is proof that Congress intended to exempt tribes. The court found that the lenders could not show that any of the exceptions applied.

Get the Story:
Jeremy T. Rosenblum: Federal district court grants CFPB petition to enforce CIDs issued to tribal lenders (JD Supra 7/29)

Related Stories:
Fort Belknap Tribes depend on revenue from Internet lending (07/24)
Barry Brandon: Media gets it wrong yet again on tribal lenders (07/10)
Native Sun News: Payday loan story stirs squabble at Pine Ridge (07/07)
Law Article: Supreme Court decision could impact tribal lenders (07/03)
Al Jazeera: Tribes face scrutiny for Internet lending operations (06/17)
Lawyers dispute effect of Supreme Court case on tribal lenders (06/10)
Group claims Supreme Court ruling affects tribal payday lenders (05/30)


Copyright © Indianz.Com
More headlines...
Stay Connected:
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Treaty council condemns misuse of ceremonies (9/23)
Charles Trimble: Rename peak in Black Hills for Oglala holy man (9/23)
Clara Caufield: New Northern Cheyenne school still needs work (9/23)
Glen Stankee: Seminole Tribe wins ruling in state taxation case (9/23)
Family of Indian teen killed by police stage protest in Oklahoma (9/23)
Albert Bender: Obama must do more for jobs in Indian Country (9/23)
Elissa Washuta: This living Indian doesn't owe you any answers (9/23)
Charisse Millett: No politics with signing of Native language bill (9/23)
Rudolph Ryser: Bringing political equality to indigenous nations (9/23)
Ed Rice: Honoring the true Cleveland Indian -- Louis Sockalexis (9/23)
Tribal General Welfare Exclusion Act awaits Obama's signature (9/23)
Navajo Nation leaders weigh use of $554M trust fund settlement (9/23)
Cherokee Nation sends 'Warrior Flight' for WWII veterans to DC (9/23)
Judge issues order in Alaska Native language voting rights suit (9/23)
Activists ask judge to dismiss Washington NFL team's lawsuit (9/23)
Lincoln Indian Center official ticketed for unruly tailgate party (9/23)
Al Jazeera: Navajo Nation puts tribal people to work at casinos (9/23)
Another tribe joins fight against North Fork Rancheria compact (9/23)
Benton Paiute Tribe said to be interested in land swap for casino (9/23)
Column: Mohegan Tribe needs more than burgers to help casino (9/23)
Tim Giago: An independent candidate awakens 'Party' zombies (9/22)
Mark Trahant: Huge crowd turns out for People's Climate March (9/22)
Doug George-Kanentiio: All children are gifts from the Creator (9/22)
Native Sun News: Native women take stand against violence (9/22)
Clara Caufield: Northern Cheyenne Tribe heads into election (9/22)
Navajo Nation to announce trust fund settlement this Friday (9/22)
S.E. Ruckman: A remarkable day with arrival of Cobell checks (9/22)
Jon Tester: Bill protects Special Diabetes Program for Indians (9/22)
Ron Allen: Jamestown S'Klallam Tribe keeps workers engaged (9/22)
Dante Desiderio: Working together to address tribal tax issue (9/22)
Vena A-dae Romero: Asserting sovereignty through our food (9/22)
Mark Rogers: Leadership in Native America is at a crossroads (9/22)
Dave Lundgren: BIA must take a closer look at rights-of-way (9/22)
Peter d'Errico: Video uses humor to battle racist NFL mascot (9/22)
Opinion: Racist sports mascots preserve 'imaginary' Indians (9/22)
Justice Sotomayor studied Indian law after joining top court (9/22)
House subcommittee holds hearing on bill for Hualapai Tribe (9/22)
Colville Tribes participate in repatriation ceremony in Canada (9/22)
Shinnecock Nation tightens regulation of tobacco businesses (9/22)
Forest County Potawatomi Tribe won't share casino revenue (9/22)
Coeur d'Alene Tribe can't offer poker games pending appeal (9/22)
Lytton Band might purchase property next to gaming facility (9/22)
Nottawaseppi Huron Band reopens casino after electrical fire (9/22)
Guilty verdict in robbery of Saginaw Chippewa casino winner (9/22)
Editorial: Poarch Creek gaming deal deserves consideration (9/22)
Native Sun News: Tribes united against Keystone XL Pipeline (9/19)
Regina Brave: The earth that once was will soon be no more (9/19)
more headlines...

Home | Arts & Entertainment | Business | Canada | Cobell Lawsuit | Education | Environment | Federal Recognition | Federal Register | Forum | Health | Humor | Indian Gaming | Indian Trust | Jack Abramoff Scandal | Jobs & Notices | Law | National | News | Opinion | Politics | Sports | Technology | World

Indianz.Com Terms of Service | Indianz.Com Privacy Policy
About Indianz.Com | Advertise on Indianz.Com

Indianz.Com is a product of Noble Savage Media, LLC and Ho-Chunk, Inc.