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
Sovereignty and E-Commerce:  Innovating and Reshaping the  Borders of Indian Country - Arizona State University Third Annual Tribal Government E-Commerce CLE Conference
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:
Indigenous activists reclaim nation's capital in defiance of Trump (4/28)
Cheyenne River Sioux Tribe ends appeal in Dakota Access lawsuit (4/28)
Ute Tribe demands 'voice' as Trump orders review of Bears Ears (4/28)
Senate panel takes up bill to bring AMBER Alert funding to tribes (4/28)
Gun Lake Tribe prepares for grand opening of casino expansion (4/28)
Arne Vainio: We lost a fluent Ojibwe speaker in Larry Smallwood (4/28)
Native Sun News Today: Runners from Standing Rock head to Ohio (4/28)
James Giago Davies: People tell me it's better to read about pets (4/28)
Harold Monteau: Supreme Court stirs smelly pot of fish head stew (4/28)
Steven Newcomb: 'Picking Fights' book is a must-read for Natives (4/28)
Whiteclay liquor stores must close temporarily amid court battle (4/28)
Disputed leaders of Nooksack Tribe hit by Supreme Court decision (4/27)
Indigenous activists make presence known for climate march in DC (4/27)
Interior Department announces $5.7M in tribal preservation grants (4/27)
Mark Trahant: Senate candidate cites Standing Rock as 'awakening' (4/27)
Native Sun News Today: Battle over Whiteclay liquor just beginning (4/27)
Ivan Star Comes Out: Why are we still dealing with racism today? (4/27)
Albert Bender: Navajo family still waiting on justice for loved one (4/27)
Whiteclay liquor stores win surprise court ruling on liquor licenses (4/27)
Dakota Access firm faces fines for two spills of drilling fluid in Ohio (4/27)
Gathering of Nations gets ready for annual powwow in new venue (4/27)
Secretary Zinke lacks leadership team more than a month into job (4/27)
Republicans seek to avoid shutdown with temporary spending bill (4/27)
Supreme Court ruling seen as benefit to casino bus crash lawsuit (4/27)
Mashantucket Tribe charges off-duty officer for assault at casino (4/27)
Trump singles out Bears Ears as an 'abuse' of government's power (4/26)
Doug George-Kanentiio: Let's call Columbus by what he truly was (4/26)
Native Sun News Today: Lakota youth set up beekeeping business (4/26)
Cronkite News: Trump seeks to hire thousands of border officers (4/26)
Doug Pibel: New film teaches us about value of indigenous seeds (4/26)
Jenn Weddle: 'Best possible result' from court in sovereignty case (4/26)
Peter d'Errico: Oneida architect offers indigenous approach to law (4/26)
Whiteclay liquor stores aim to stay open pending fight for licenses (4/26)
Support for Standing Rock Sioux Tribe leads to recall in Alaska city (4/26)
Mishewal Wappo Tribe loses appeal in federal recognition lawsuit (4/26)
Police use tear gas & rubber bullets at indigenous protest in Brazil (4/26)
Mohegan Tribe wants gaming disputes resolved in judicial system (4/26)
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.