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Payday Loans Tribal Governments

Robins Kaplan LLP

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American Express Chair and CEO Kenneth Chenault announced that he’s stepping down next year after 16 years at the helm of AmEx. He’ll be succeeded by Vice Chair Stephen Squeri....more

Robins Kaplan LLP

Your Daily Dose of Financial News

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Despite a stronger global economic outlook than we’ve seen in years, the world’s central bankers appear loath to let go of stimulus measures while lower-than-expected inflation bedevils them....more

Goodwin

Federal Court Certifies to the Ninth Circuit the CFPB’s Challenge to Alleged “Rent-a-Tribe” Scheme

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On January 3, 2017, the U.S. District Court for the Central District of California certified for appellate review its August 31, 2016 Order finding that a California-based payday lending company used a “rent-a-tribe” scheme...more

Ballard Spahr LLP

Second Circuit Issues Decision in Payday-Loan Regulatory Case

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In a clash of competing sovereigns’ interests, the Second Circuit recently upheld, for now, the authority of the New York Department of Financial Services (DFS) to regulate online payday loans made by Indian tribal lenders to...more

Manatt, Phelps & Phillips, LLP

Tribal Immunity at the Supreme Court: Impact on Payday Lenders?

Could a recent Supreme Court decision on tribal sovereignty as it applied to an Indian casino have an impact on payday lenders? The case itself, Michigan v. Bay Mills Indian Community, involved a casino built by the...more

Troutman Pepper

Federal Court Agrees With Magistrate That Whether A Tribal Lender Is A For-Profit Corporation Is A Triable Issue Of Fact

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On March 7, 2014, the United States District Court for the District of Nevada in Federal Trade Commission (the FTC) v. AMG Services, Inc., et al. granted a partial victory to Indian tribal payday lenders in their ongoing...more

Ballard Spahr LLP

Tribal Sovereign Immunity Blocks Payday Lending Enforcement Action, Calif. Appellate Court Rules

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In a state enforcement action alleging violations of California’s lending law and seeking to enjoin continued lending to state residents, a California Court of Appeal has ruled that tribal sovereign immunity shielded the two...more

Allen Matkins

Tribal Sovereign Immunity Protects Payday Lenders From State Enforcement

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Last year, the Commissioner of Business Oversight issued several alerts warning consumers that it has received complaints with respect to unlicensed firms offering payday (deferred deposit) loans in California. The common...more

Ballard Spahr LLP

CFPB denies petition by tribal payday lenders to set aside CIDs

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On September 26, the CFPB issued a 10-page order denying a petition filed jointly by three tribal payday lenders that asked the CFPB to set aside the civil investigative demands (CIDs) the lenders received from the CFPB. The...more

Goodwin

Lenders Pushback on New York’s Efforts to Curb Payday Lending

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Members of tribal nations filed a complaint in the United States District Court for the Southern District of New York against the New York State Department of Financial Services in response to the its attempt to shut down...more

Troutman Pepper

Update On Tribal Loans To State Residents

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Native American tribes increasingly are engaging in consumer lending over the Internet. These “tribal loans” present unique legal questions and issues, including whether tribal sovereign immunity shields tribes and their...more

Ballard Spahr LLP

CFPB highlights collaboration with tribal governments

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A recent CFPB blog post warning Native Americans receiving payments from the settlement in Cobell v. Salazar that they could be targeted by scammers also highlights the CFPB’s collaboration with tribal governments....more

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