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The ongoing future of Tribal Lending Beneath The Customer Financial Protection Bureau. Introduction to your Tribal Model

Some Indian tribes – especially impecunious tribes positioned remotely from populace centers, without sufficient visitors to engage profitably in casino gambling – have discovered revenue that is much-needed consumer financing online.

The tribe forms a tribal lending entity (TLE) that is financed by a third party in a typical model. The TLE then makes loans on the internet to consumers nationwide, often on terms which can be illegal underneath the interior rules of this states where in fact the borrowers reside. As the TLE is deemed an “arm” of this tribe, the TLE benefits through the tribe’s sovereign immunity. Because of this, the TLE might be sued only under not a lot of circumstances; and, maybe even moreover, the TLE is exempt from many state-court discovery designed to uncover the economic relationship involving the TLE and its own non-tribal financier. Continue Reading…