indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 202 630 8439
Dynamic Homes
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: County addresses spiritual needs of inmates (4/20)
Lakota Country Times: Families come together to fight suicide (4/20)
Applications available for Cobell settlement scholarship funds (4/20)
Matt Remle: Disenrollment is a tool of colonialism and conquest (4/20)
Steven Newcomb: Tribal sovereignty or original independence? (4/20)
John Guenther: Tribes should not allow marijuana on their land (4/20)
Dolph Hatfield: A conversation about NFL team's racist mascot (4/20)
Supreme Court won't hear challenge to Wisconsin treaty rights (4/20)
House subcommittee to hold hearing on BIA recognition reform (4/20)
Senate Indian Affairs Committee schedules meeting and hearing (4/20)
National Park Service proposes rule for tribal gathering of plants (4/20)
St. Croix Band debate over marijuana leads to restraining order (4/20)
Husband of late Wilma Mankiller 'excited' for Woman on 20s bid (4/20)
Swinomish Tribe pledges to offset losses in local property taxes (4/20)
Shingle Springs Band scales back outdoor shooting range plans (4/20)
Gyasi Ross releases spoken word album 'Isskootsik' on May 12 (4/20)
Tribes seek access to criminal system in child placement cases (4/20)
Mohegan Tribe supports re-election of Sen. Richard Blumenthal (4/20)
Distributor brings beef produced on reservations to the market (4/20)
Guilty pleas and sentences for Chippewa Cree Tribe corruption (4/20)
Opinion: Media ignores tribal ownership of our water in Arizona (4/20)
Column: Telling the truth about the Ramapough Lunaape Nation (4/20)
Fort Silll Apache Tribe continues push for casino in New Mexico (4/20)
Nooksack Tribe can't pay back $15M loan for struggling casino (4/20)
Woman from Mashantucket Tribe loses casino per capita ruling (4/20)
Editorial: Tohono O'odham Nation drops 'rogue casino' on state (4/20)
Native Sun News: A ride-along with a South Dakota county sheriff (4/17)
Lakota Country Times: Sen. Tester pushes for tribal college funds (4/17)
Native Sun News: Walk hits uranium mining sites on reservations (4/17)
Brandon Ecoffey: Vincent Brewer was a family man and a cowboy (4/17)
Delphine Red Shirt: Restoring our sacred peak to its original name (4/17)
Clara Caufield: A faithful servant to the Northern Cheyenne Tribe (4/17)
Steve Russell: Shocking students with the truth about US history (4/17)
Sunnie Clahchischiligi: Get on board with Ho-Chunk Nation player (4/17)
Navajo Nation candidates enter final stretch of bumpy campaign (4/17)
Man from Tulalip Tribes enters not guilty plea to firearms charge (4/17)
Colorado lawmaker continues tradition of bolo ties on Capitol Hill (4/17)
Editorial: End discrimination against Native Americans in Michigan (4/17)
Editorial: Virginia's tribes need federal recognition from Congress (4/17)
Indiana lawmakers not so welcoming to Pokagon Band casino bid (4/17)
Arizona agency threatens to block Tohono O'odham Nation casino (4/17)
Kansas seeks injunction to stop Quapaw Tribe gaming expansion (4/17)
Mohegan Tribe's casino enterprise named one of best employers (4/17)
Native Sun News: Senate field hearing focuses on tribes and coal (4/16)
Lakota Country Times: Program brings healthy food to Pine Ridge (4/16)
Doug George-Kanentiio: Death rituals among the Mohawk people (4/16)
James Giago Davies: Just another crazy breed Lakota in the IHS (4/16)
Karin Eagle: UNITY media summit draws people to reservation (4/16)
Walt Lamar: Addicts in Indian Country turning to spiked heroin (4/16)
Congress passes renewal of Indian Country diabetes program (4/16)
Senate Indian Affairs Committee takes up tribal labor measure (4/16)
Sen. Barrasso highlights 100 days of work on Indian legislation (4/16)
Alaska to make changes to Indian Child Welfare Act procedures (4/16)
Lower Brule Sioux Tribe council meeting ends in shouting match (4/16)
Manitoba agrees to pay funeral bill for murdered Native woman (4/16)
New York City approves marker where Indian slaves were sold (4/16)
President of Rosebud Sioux Tribe removed after ethics hearing (4/16)
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.