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
Dynamic Homes
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:
North Dakota county wants 'Sheriff Kirchmeier' account off Twitter (12/7)
Lakota Country Times: County sheriff sued over excessive force (12/7)
Vi Waln: The #NoDAPL movement reminds them we are still here (12/7)
Native Sun News Today: Lakota artist designs 'Water is Life' tipi (12/7)
Common Dreams: Veterans ask for forgiveness at Standing Rock (12/7)
Tiffany Midge: Don't shame Standing Rock Sioux Tribe for pipeline (12/7)
Editorial: A 'false victory' on the Dakota Access Pipeline easement (12/7)
Nick Zaiac: Let tribes decide what to do with their own homelands (12/7)
Redding Rancheria 'excited' about bid to move casino to new site (12/7)
Dakota Access resumes push to complete final portion of pipeline (12/6)
Dave Archambault: It's time for water protectors to return home (12/6)
Kirk Francis: Tribes must remain vigilant despite #NoDAPL victory (12/6)
Tracy Loeffelholz Dunn: Numbers behind Standing Rock's victory (12/6)
Supreme Court schedules oral argument in tribal immunity case (12/6)
Congress passes long-awaited land bills for two tribes in Oregon (12/6)
USDA awards first $10M loan to help consolidate Indian land base (12/6)
Native Sun News Today: Lone Indian Republican wins in Montana (12/6)
Lakota Country Times: New rule curbs waste of tribal resources (12/6)
Clara Caufield: Indian Country in good hands with young leaders (12/6)
Non-Indian gaming firm fighting Wilton Rancheria casino project (12/6)
Chukchansi Tribe casino dispute leads to lawsuits in federal court (12/6)
Indian Country cheers historic decision on Dakota Access Pipeline (12/5)
Tribes and Dakota Access headed back to court for hearing in D.C. (12/5)
Sen. Heidi Heitkamp again parts with Indian Country on #NoDAPL (12/5)
Dave Archambault: Standing Rock Sioux Tribe thanks many allies (12/5)
Mark Trahant: Standing Rock Sioux Tribe continues to defy history (12/5)
Democracy Now: Thousands of veterans deploy to Standing Rock (12/5)
Dana Lone Hill: Lakota prophecy warns of our water turning black (12/5)
James Giago Davies: Finding the real enemy in the #NoDAPL fight (12/5)
Senate committee ready for hearing on Cobell buy-back program (12/5)
Bureau of Indian Affairs extends comment period on probate rule (12/5)
Native American Farming and Ranching panel gets new members (12/5)
Class III gaming compacts for five tribes in California take effect (12/5)
Lakota Country Times: 'Tanka Bar' company recognized as leader (12/5)
Native Sun News Today: Northern Cheyenne leaders inaugurated (12/5)
Harlan McKosato: Don't believe everything you read on Facebook (12/5)
Dina Gilio-Whitaker: Why election was dangerous for Indian people (12/5)
Indian Republicans associated with Trump seek trust land changes (12/5)
Quinault Nation prepares for journey to Standing Rock encampment (12/2)
Doug George-Kanentiio: Iroquois prophecies warn of grave dangers (12/2)
Brandon Ecoffey: Media gets it wrong on Dakota Access frontlines (12/2)
Bronson Koenig: What I found during my journey to Standing Rock (12/2)
Timothy Egan: Fake cowboys cheered while the real Indians suffer (12/2)
Lakota Country Times: Laced marijuana finds its way to Pine Ridge (12/2)
Native Sun News Today: Owner of Wounded Knee site lowers price (12/2)
David Ganje: An opportunity for tribes to clean up their homelands (12/2)
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.