Category Archives: Tribal Immunity

Administrative Order Related to Alleged Usury Violations Unenforceable Against Indian Tribe

In October 2014, the Connecticut commissioner of banking sent a cease and desist order to two limited liability companies allegedly created by a federally recognized Indian tribe. The commissioner alleged that the companies had made usurious consumer loans and had operated … Continue reading

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Multiple State Regulators Challenging Lender’s Use of Choice of Law Clause in Usury Enforcement Actions

A growing number of state regulators are challenging the use of choice of law provisions as a method of usury law compliance. On August 27, 2015, the Attorney General of North Carolina was granted an injunction against Western Sky Financial … Continue reading

Posted in Attorney General, Choice-of-Law, Civil Usury, Criminal Usury, D.C., Massachusetts, North Carolina, Tribal Immunity | Comments Off on Multiple State Regulators Challenging Lender’s Use of Choice of Law Clause in Usury Enforcement Actions

Regulator Disregards Choice of Law Provision in Usury Enforcement Action

Last Thursday, the Attorney General of North Carolina was granted an injunction against Western Sky Financial and CashCall prohibiting them from offering any loans to North Carolina consumers or collecting on any outstanding accounts in that state. The Attorney General argued … Continue reading

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Florida Court of Appeals Finds Usury Does Not Violate Public Policy, Denies Temporary Injunction

The Florida Office of the Attorney General was granted a temporary injunction against CashCall, Inc. The Attorney General’s action was based on alleged violations by CashCall of Florida’s Deceptive and Unfair Trade Practices Act. The complaint alleged that CashCall charged … Continue reading

Posted in Attorney General, Civil Usury, Florida, State Court, Tribal Immunity | Comments Off on Florida Court of Appeals Finds Usury Does Not Violate Public Policy, Denies Temporary Injunction

Court Makes Short Shrift of Plaintiff’s Attempt to Circumvent Tribal Immunity; Decision at Odds with Criminal Charges recently Brought Against Payday Lender

Bynon v. Mansfield, 2015 U.S. Dist. LEXIS 66684 (E.D. Pa. May 21, 2015) A disgruntled title loan customer filed a usury action against the manager of a title loan company that was organized under tribal law. Plaintiff acknowledged that she could not … Continue reading

Posted in Civil Usury, Pennsylvania, Tribal Immunity, Usury Cap | Comments Off on Court Makes Short Shrift of Plaintiff’s Attempt to Circumvent Tribal Immunity; Decision at Odds with Criminal Charges recently Brought Against Payday Lender