indianz.com your internet resource indianz.com on facebook indianz.com on twitter indianz.com on Google+
ph: 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:

Local Links:
Federal Register | Indian Gaming | Jobs & Notices | In The Hoop | Message Board
Latest News:
Eyapaha Today: Oneida singer follows in mother's footsteps (10/22)
Ivan Star Comes Out: Lakota people disrespect our language (10/22)
Cedric Sunray: Standing together to fight tribal disenrollment (10/22)
SCIA to hold listening session at NCAI on Indian education bill (10/22)
FNDI urges passage for Indian Teacher Loan Forgiveness Act (10/22)
Chumash Tribe praises BIA movement on land-into-trust bid (10/22)
Steven Newcomb: The role of Latin in empire and colonization (10/22)
Christopher Chavis: Navajo court got it wrong in fluency case (10/22)
Navajo Nation presidential hopeful to be removed from ballot (10/22)
Aging BIA school on Navajo Nation awaits replacement funds (10/22)
Review: NMAI treaties exhibit underscores misunderstandings (10/22)
Alaska Native elders and youth share issues at annual meeting (10/22)
2nd Circuit hears appeal from former chairman of Pequot Tribe (10/22)
Rep. Don Young criticized for comments to high school students (10/22)
Candidates differ on Spokane Tribe's off-reservation casino bid (10/22)
Poarch Creeks to add hotel to casino with $65M expansion plan (10/22)
Salt River Tribe concerned about Tohono O'odham Nation casino (10/22)
North Fork Rancheria blames rival tribes for holding up compact (10/22)
Ballot proposal authorizes more Class III games in South Dakota (10/22)
Blog: Predictions for gaming with Hillary Clinton in White House (10/22)
Native Sun News: Activists take annual swim to Alcatraz Island (10/21)
Mark Trahant: Alaska Natives ready for conference and election (10/21)
BIA announces consultations for secretarial election regulation (10/21)
Chelsey Luger & Gyasi Ross: From slow suicide to slow healing (10/21)
Bill John Baker: Addressing breast cancer in our communities (10/21)
ICT interview with Assistant Secretary Kevin Washburn of BIA (10/21)
Navajo Nation court still mulling decision in presidential case (10/21)
Column: Billy Mills still inspires 50 years after Olympic victory (10/21)
Editorial: Winnebago Tribe's business makes a big contribution (10/21)
Lincoln Indian Center adopts permanent alcohol ban after party (10/21)
Suquamish Tribe shares fish from hatchery at annual giveaway (10/21)
Editorial: Bad move by Northern Arapaho Tribe on joint council (10/21)
Wisconsin court to hear appeal over Oneida Nation waste plant (10/21)
Coeur d'Alene Tribe reaches out to family that lost home to fire (10/21)
Closure of Chukchansi Tribe's casino affects reservation water (10/21)
Eastern Shawnee Tribe considers casino on ancestral Ohio site (10/21)
Town meeting for Lac Vieux Desert Band off-reservation casino (10/21)
North Fork Rancheria won't give up off-reservation casino plan (10/21)
Tohono O'odham Nation was looking for off-reservation casino (10/21)
Poarch Creeks won't confirm or deny talks for gaming compact (10/21)
Tim Giago: Deaths of Native men in Rapid City remain unsolved (10/20)
Charles 'Chuck' Trimble: Let Crazy Horse's spirit rest in peace (10/20)
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.