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
Kill The Tobacco Master Settlement Agreement
Advertise on Indianz.Com
Home > News > Headlines
Print   Subscribe
Law Article: FTC asserts jurisdiction over tribal Internet lenders

Filed Under: Business | Law
More on: ftc, immunity, internet, payday loans
     

Attorneys discuss lawsuit in which the Federal Trade Commission won a decision to assert authority over Internet lenders owned by tribal governments:
n 2012, the FTC filed a complaint against multiple defendants accusing them of violating the Federal Trade Commission Act, the Truth in Lending Act and the Electronic Fund Transfer Act. Specifically, the agency alleged the defendants engaged in unfair and deceptive practices by offering and extending “high-fee, short-term ‘payday’ loans and the collection of those loans.”

The court bifurcated the case and said it would first determine whether—and to what extent—the FTC has authority over the parties asserting Indian tribe sovereignty. The defendants argued that, because they were arms of an Indian tribe, employees of an arm of an Indian tribe or businesses associated with arms of an Indian tribe, the FTC lacked the authority to regulate them.

But U.S. District Judge Gloria M. Navarro, affirming a report and recommendation of a magistrate judge, disagreed.

“[T]he FTC Act is a federal statute of general applicability that under controlling Ninth Circuit precedent grants the FTC authority to regulate arms of Indian tribes, their employees, and their contractors,” she concluded.

Judge Navarro shot down three lines of argument from the defendants. First, the burden of establishing whether the defendants fell within the FTC’s jurisdiction to enforce the FTC Act fell on the charged parties, she wrote, not the agency, because of their attempt to claim an exemption from the act.

Get the Story:
John W. McGuinness, Craig D. Miller, Barbara S. Polsky, Harold P. Reichwald, Barrie VanBrackle and Carol R. Van Cleef: Court FTC can regulate payday lenders affiliated with Indian tribes (Lexology 4/10)
Username: indianz@indianz.com. Password: indianzcom

Related Stories:
Blog: Internet lenders can longer hide behind tribal immunity (4/11)
Indian-owned online lender enters settlement with Connecticut (4/10)
Judge sides with FTC in lawsuit against tribal Internet lenders (03/20)
Internet lenders in Indian Country under scrutiny in 21 states (3/19)
Law Article: Tribal lenders win a partial victory in FTC litigation (3/13)
FTC files lawsuit against tribal-affiliated payday lending firms (4/2)


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:
First Lady Michelle Obama shares story of hope with Indian school (5/26)
Remarks by First Lady Michelle Obama at Santa Fe Indian School (5/26)
Gary Davis of NCAIED joins Small Business Administration council (5/26)
Arne Vainio: A mother's gift carried me through many life journeys (5/26)
Native Sun News: Tribes score big in fights against energy projects (5/26)
Lakota Country Times: Education Secretary hears from Pine Ridge (5/26)
Ivan Star Comes Out: Ending Whiteclay beer sales starts at home (5/26)
Vi Waln: Rosebud Sioux youth lead efforts to bring relatives home (5/26)
Gyasi Ross: Drug epidemic sweeping through Native communities (5/26)
Jacqueline Keeler: Shameful and skewed poll on racist NFL name (5/26)
Interview with Melvin Monette about Cobell scholarship program (5/26)
Auction house in France won't stop sale of sacred tribal property (5/26)
United Keetoowah Band installs new leader after impeachment (5/26)
Kewa Pueblo builds new community around historic trading post (5/26)
Eastern Cherokee elder translates 'Charlotte's Web' into Tsalagi (5/26)
Puyallup Tribe works to keep language alive for new generations (5/26)
Iowa Tribe offers free play on poker website ahead of full launch (5/26)
Alabama-Coushatta Tribe offers gaming options closer to home (5/26)
Kaw Nation receives national award for tribal gaming initiatives (5/26)
Indian Health Service reform efforts gaining steam on Capitol Hill (5/25)
Indian Health Service announces more hires at troubled hospital (5/25)
Keepseagle attorneys open application process for $38M in grants (5/25)
Three tribes enter cooperative agreements for buy-back program (5/25)
New leader selected for HUD's Office of Native American Programs (5/25)
Indian relay racers gear up for event hosted by Muckleshoot Tribe (5/25)
Cronkite News: Tribes seek return of property up for sale in France (5/25)
Native Sun News: Anti-suicide effort incorporates tribal traditions (5/25)
Lakota Country Times: Pine Ridge youth showcase film projects (5/25)
Mark Trahant: Native vote victory for Tawna Sanchez in Oregon (5/25)
Brandon Ecoffey: Lakota people come together in times of need (5/25)
Editorial: Tribes must come up with plan for return of Black Hills (5/25)
John McCoy: Disenrollment and blood quantum are not our way (5/25)
Adrian Jawort: Addressing race relations and healing in Montana (5/25)
Fort Peck Tribes oppose new directive on transgender students (5/25)
Leader of United Keetoowah Band ousted through impeachment (5/25)
Agua Caliente Band launches software development company (5/25)
Sen. Barrasso to chair platform committee for GOP convention (5/25)
Cowlitz Tribe welcomes discussions with opponent over casino (5/25)
Little Traverse Bay Bands open doors to Class II gaming facility (5/25)
Tuolumne Band celebrates 15th birthday with casino expansion (5/25)
Former Winnebago Tribe casino employee denies theft charge (5/25)
Proposed rule brings LGBT equality to tribal housing programs (5/24)
Chairman of Quapaw Tribe endorses Democrat Hillary Clinton (5/24)
Appropriations bill blocks new federal recognition regulation (5/24)
Native American Children's Safety Act clears final Hill hurdle (5/24)
9th Circuit won't rehear Tohono O'odham Nation gaming case (5/24)
Lakota Country Times: Army promises return of tribal children (5/24)
Native Sun News: New business sprouts up at Wounded Knee (5/24)
Mark Trahant: Tulalip citizen lands role in Democratic platform (5/24)
Brandon Ecoffey: Pine Ridge unites for search of missing men (5/24)
Men who went missing found dead on Pine Ridge Reservation (5/24)
Billy Mills: Flawed poll can't justify use of team's racist mascot (5/24)
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.