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Sovereign Immunity Consumer Lenders

Orrick, Herrington & Sutcliffe LLP

Third Circuit affirms district court, finding no sovereign immunity applies to a tribally owned lender

On August 4, the U.S. Court of Appeals for the Third Circuit affirmed that an online consumer lending company owned by an federally recognized Indian tribe was not an extension of the tribe’s government and therefore did not...more

Ballard Spahr LLP

State AGs file amicus brief in Fourth Circuit case involving use of sovereign immunity by tribal lenders to defeat state law...

Ballard Spahr LLP on

A coalition of 14 state Attorneys General and the D.C. Attorney General have filed an amicus brief with the U.S. Court of Appeals for the Fourth Circuit in Williams v. Big Picture Loans in which a tribal lender and its tribal...more

Orrick, Herrington & Sutcliffe LLP

California Supreme Court Declines to Extend Tribal Sovereign Immunity to Payday Lending Businesses

On December 22, 2016, the California Supreme Court issued People ex rel. Owen v. Miami Nation Enterprises. The decision found that certain tribal business entities that provided loans in California are not "arms of the tribe"...more

Ballard Spahr LLP

Republican Congressmen seek CFPB forum on impact of payday lending rule on state and tribal sovereignty

Ballard Spahr LLP on

Two Republican members of the House Financial Services Committee, Randy Neugebauer and Mick Mulvaney, have sent a letter to Director Cordray asking him to convene a forum or roundtable of state and tribal officials before the...more

McGuireWoods LLP

CFPB Online Loan Suit Sent to California

McGuireWoods LLP on

In the most recent development in the CFPB’s two-year-old lawsuit alleging unfair, deceptive, and abusive practices by several online lenders, on September 23, 2015, Massachusetts U.S. District Judge George O’Toole, Jr.,...more

Brooks Pierce

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Brooks Pierce on

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

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