indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+ indianz.com on soundcloud
phone: 202 630 8439
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:
On Facebook

On Twitter

On Google+

On SoundCloud
Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Native Sun News: Deadly storm hits Crow Creek Sioux Reservation (7/3)
Lakota Country Times: Rosebud youth hold suicide awareness walk (7/3)
Delphine Red Shirt: Speak the Lakota language to carry on culture (7/3)
Senate Indian Affairs Committee schedules trust reform hearing (7/3)
Chumash Tribe wins dismissal of suit over status of reservation (7/3)
Four groups in Oklahoma seeking federal recognition through BIA (7/3)
Ojibwe hockey star excited for transfer to team in nation's capital (7/3)
Jamestown S'Klallam Tribe wants sacred rock on national register (7/3)
Taos Pueblo man sentenced to seven years in prison for stabbing (7/3)
Leader of Duwamish Tribe calls denial of recognition 'devastating' (7/3)
Editorial: Other tribes in Virginia deserve federal recognition too (7/3)
Disputed leader of Chukchansi Tribe sentenced for clash at casino (7/3)
Aquinnah Wampanoag Tribe starts work on Class II gaming facility (7/3)
Tohono O'odham Nation faces state in court in new casino lawsuit (7/3)
Cherokee Nation to open hotel at $80M casino near Arkansas in fall (7/3)
Brian Pierson: Tribal labor sovereignty could land in Supreme Court (7/3)
Pierre Bergeron: Judges split on federal labor law at tribal casinos (7/3)
Native Sun News: Lakota riders complete journey to Little Bighorn (7/2)
Lakota Country Times: Newspaper takes home top honors at NAJA (7/2)
Brandon Ecoffey: Delivering stories that matter to Indian Country (7/2)
Ivan Star: Creating a culturally appropriate economy at Pine Ridge (7/2)
Elizabeth Hawksworth: Being patriotic and being Native in Canada (7/2)
Micah A: Blood quantum does not make me any less of an Indian (7/2)
David Shorter: Learning not to speak on behalf of Native peoples (7/2)
Marc Simmons: Legend of Catholic priest saved by grateful tribe (7/2)
Sen. McCain deemed responsible for land swap at sacred Oak Flat (7/2)
A Tribe Called Red releases free remix of Buffy Sainte-Marie track (7/2)
Pamunkey Tribe wins final federal recognition decision from BIA (7/2)
Duwamish Tribe rejected for federal recognition for a third time (7/2)
BIA accused of blocking road access on New Mexico reservation (7/2)
Chippewa Cree Tribe elects Ken St. Marks as chair for fourth time (7/2)
Mississippi Choctaw leader comes out on top in unofficial results (7/2)
Bois Forte Band grows economy with second Tim Hortons Cafe (7/2)
Chickasaw Nation hails selection of permanent Indian law chair (7/2)
Editorial: Gila River Indian Community to blame for highway path (7/2)
Cow Creek Band continues to oppose new Coquille Tribe casino (7/2)
Confederated Salish and Kootenai Tribes renovate casino resort (7/2)
Four more tribes in New Mexico enter Class III gaming compact (7/2)
Editorial: Pojoaque Pueblo gets pass on illegal gaming operation (7/2)
Save Oak Flat caravan plans journey to DC to protect sacred site (7/1)
Court reluctantly backs NLRB in Saginaw Chippewa Tribe dispute (7/1)
Native Sun News: Opposition grows to delisting of grizzly bears (7/1)
Lakota Country Times: Reservation counties rank as deadliest (7/1)
Steve Russell: Professor outed as Cherokee fraud once again (7/1)
Harlan McKosato: Indian people survive despite mistreatment (7/1)
Marshall Matz: Fight for $380M in Keepseagle funds continues (7/1)
BIA acquires former military site in trust for Ho-Chunk Nation (7/1)
Appropriations bill adds $10M for tribal courts in PL280 states (7/1)
Sen. Murkowski questions definition of 'Indian' for health care (7/1)
South Dakota board won't back name change for sacred peak (7/1)
Fort Peck Tribes take on cost for homes promised by Brad Pitt (7/1)
Hoopa Valley Tribe orders water restrictions as tanks run dry (7/1)
Cherokee Nation certifies results of election for top positions (7/1)
Secretary Sally Jewell reaffirms opposition to racist mascots (7/1)
Virginia tribes hindered by racist policies created by one man (7/1)
Column: Native Code Talkers defended nation with languages (7/1)
Guilty plea for stabbing of BIA superintendent in South Dakota (7/1)
Opposition group rallies over Miccosukee Tribe land-into-trust (7/1)
Pojoaque Pueblo keeps casino open after gaming deal expires (7/1)
Court allows lawsuit for incident at Tonto Apache Tribe casino (7/1)
Navajo Nation Council approves bill to share gaming revenue (7/1)
Soboba Band celebrates 20th anniversary for gaming facility (7/1)
Mashantucket Tribe extends agreement for $1.7B casino debt (7/1)
BIA adopts new policy regarding federal recognition process (6/30)
Supreme Court agrees to resolve another Indian law dispute (6/30)
Patrick Murphy: Star Trek's William Shatner visits Navajoland (6/30)
Yvette Roubideaux: Making progress at Indian Health Service (6/30)
Native Sun News: Wambli Ska group shares culture with youth (6/30)
Lakota Country Times: Oglala Sioux leader pushes zeolite mine (6/30)
Native Sun News: BLM to update plan for land near Bear Butte (6/30)
Alex Jacobs: Fake Indians damage the real Indian community (6/30)
Sarah Sunshine Manning: Even toys carry harmful messages (6/30)
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.