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Pre-CFPB Federal Regulation of Payday Lending. The Looming Battle Over CFPB Authority

Pre-CFPB Federal Regulation of Payday Lending. The Looming Battle Over CFPB Authority

The level of immunity is governed mainly because of the Supreme Court’s choice in California v. Cabazon Band of Mission Indians, 480 U.S. 202 (1987). Principles of tribal resistance have already been addressed extensively in previous articles and won’t be belabored right here. In brief summary, state and regional legislation could be put on on-reservation tasks of tribes and tribal users just under not a lot of circumstances generally speaking inapplicable to lending that is tribal.

The appellate courts of California and Colorado were confronted with the assertion that tribal sovereign immunity prevents the use of state-court discovery methods to determine whether a tribe-affiliated Internet payday lender had a sufficient nexus with the tribe to qualify for sovereign immunity and, secondarily, to pursue discovery of the alleged sham relationship between the TLE and its financial backer as recent examples of these principles. Relying in each situation on the Supreme Court’s dedication that tribal sovereign resistance stops compelled creation of information to help a situation in investigating violations of and enforcing its legislation, each of those courts denied significant breakthrough.

Sovereign immunity is applicable not just to tribes on their own but in addition to entities which can be considered “arms” for the tribe, such as tribally chartered TLEs. […]

By |March 13th, 2021|paydays loans|0 Comments
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