Indian country payday lenders – Page 6

Update in Inetianbor v. Cash Call (Western Sky Financial) — Arbitrator Alleged Biased — Court Finds Irrelevant

June 21, 2013Matthew L.M. Fletcher1 Comment

Here are the new materials:

Inetianbor Reply in Support of Reconsideration

An excerpt:

Here, Plaintiff asserts that he has uncovered two new pieces of evidence that indicate that Mr. Chasing Hawk is biased toward CashCall. First, Plaintiff claims that Mr. Chasing Hawk’s daughter, Shannon Chasing Hawk, is employed by Western Sky. Plaintiff has attached what he claims is a printout of Ms. Chasing Hawk’s Facebook profile page, listing “Western Sky Financial” as her employer. See DE 61 at 9. He further alleges that Mr. Chasing Hawk has “10+ kids and every single one of them has either worked for, currently works at CashCall or one of its subsidiaries . . . or had illegally attempted to conduct an unsuccessful arbitration for the defendant.” DE 67 at 2 n.1. Second, Plaintiff alleges that CashCall and Mr. Chasing Hawk have colluded in the initiation of arbitration proceedings. Plaintiff attaches what he claims is an email chain between Mr. Chasing Hawk and an employee of Lakota Cash, LLC (“Lakota Cash”), a subsidiary of Western Sky, which purportedly shows that Lakota Cash prepared the letter for Mr. Chasing Hawk. See id. at 7-8. Plaintiff further claims that he called Mr. Chasing Hawk, and that Mr. Chasing Hawk admitted during the phone call that CashCall had prepared the letter for him. Plaintiff represents that he has tried calling Mr. Chasing Hawk again, but that he told Plaintiff that “I am not able to talk to you because cash call (sic) will get mad. You have to call the attorney, sorry.” Id. at 3.

Prior order here.

Colorado Order Granting Summary Judgment Against Butch Webb Reinstated

May 24, 2013Matthew L.M. Fletcher

Here:

Amended Order Reinstating the Courts April 15, 2013 Order Granting Plaintiffs Motion for Summary Judgment

Prior post here.

Dispute with Western Sky Financial Heads to Arbitration with CRST Elder Robert Chasing Hawk

May 20, 2013May 19, 2013Matthew L.M. Fletcher3 Comments

Here are the updated materials in Inetianbor v. Cashcall (S.D. Fla.):

DCT Order Compelling Arbitration

Renewed Motion to Compel

Inetianbor Opposition

57-main [Cashcall Reply]

57-1 [Affidavit of Robert Chasing Hawk]

57-3

57-4 [Consumer loan agreement]

Previous posts on this case are here and here.

Denver District Court Rejects Western Sky Financial’s Assertion of Tribal Immunity (and Issues Sanctions for Asserting It)

April 17, 2013Matthew L.M. Fletcher1 Comment

Here is the opinion in State ex rel. Suthers v. Western Sky Financial LLC:

Order Granting Plaintiffs Motion for Summary Judgment

An excerpt:

Accordingly, because Defendants’ business activities are conducted off-reservation and because Defendants solicit and advertise their business in Colorado and have, in fact, entered into loan agreements with Colorado citizens, Defendants are not entitled to tribal immunity or federal preemption. Rather, based on the undisputed facts before the Court, the Court concludes that Defendants are subject to the Code’s previsions and are thereby liable for any violation thereof. Specifically, because Western Sky is not, and has never been, licensed as a supervised lender, and because unlicensed lenders are not authorized to charge a finance charge on supervised loans, Defendants’ liability for restitution to consumers of all finance charges, including penalties, on all unlicensed loans made or collected with respect to Colorado citizens, is established as a matter of law.

And, on the sanctions:

Accordingly, because Defendants tribal immunity and federal preemption arguments lack substantial justification, the State is entitled to recover its attorney’s fees expended in replying to Defendants Response insofar as the State can establish the reasonable fees incurred in addressing Defendants’ tribal immunity and preemption arguments.

Update in Inetianbor v. Cashcall (Western Sky Financial): Federal Court Reopens Case

April 2, 2013Matthew L.M. Fletcher3 Comments

You may recall from our February post that a federal court had honored an arbitration provision in a Cashcall/Western Sky Financial form agreement and sent the case to the Cheyenne River Sioux Tribal Court. That court responded to the plaintiff that the Cheyenne River Sioux Tribe does not authorize arbitration under the American Arbitration Association rules, so the plaintiff successfully brought the case back to federal court.

Materials in Inetianbor v. Cashcall Inc. (S.D. Fla.) are here:

DCT Order Granting Motion to Reopen

Inetianbor Motion to Reopen + Tribal Court Letter

Cashcall Opposition

Federal Court Order Compliance with Western Sky Financial Tribal Arbitration Provision

February 18, 2013Matthew L.M. Fletcher2 Comments

Here are the materials in Inetianbor v. Cashcall Inc. (S.D. Fla.):

DCT Order Granting Motion to Compel Arbitration

Cashcall Motion to Compel Arbitration or Dismiss

Inetianbor Opposition

Cashcall Reply

Inetianbor State Court Complaint

Inetianbor State Court Complaint Amendment

An excerpt:

Here, Defendant argues that the arbitration agreement, by its plain language, covers Plaintiff’s claims. The Court agrees. The terms of the agreement are clear: all disputes between the borrower and the holder of the Note or the holder’s servicer must be settled through arbitration. See Loan Agreement at 5-6. In this suit, Plaintiff seeks damages from Cashcall, the servicer of the note, for actions related to Cashcall’s servicing and collecting on the note. See Amended Complaint at 2. Therefore, Plaintiff’s claims fall within the scope of the arbitration provision.

Update in FTC v. Tribal Payday Lenders: Magistrate Denies Motion to Quash Fed. Subpoenas

August 29, 2012Matthew L.M. Fletcher1 Comment

Here are the materials in Federal Trade Commission v. AMG (D. Nev.):

AMG Motion to Dismiss

AMG 1st Motion to Quash

AMG 2d Motion to Quash

Magistrate Order Denying Motion for Protective Order

Prior materials here and here.

Update in Federal Trade Commission Suit against Tribal Payday Lenders et al.

June 8, 2012June 8, 2012Matthew L.M. Fletcher3 Comments

Here are additional pleadings in Federal Trade Commission v. AMG Services, Inc. (D. Nev.):

Scott Tucker & AMG Response

Robert Campbell Response

Part 269 Response

Muir Law Firm Response

Little Axe Response

Don Brady Response

Scott Tucker & AMG Motion to Dismiss

Little Axe Motion to Dismiss

Joint Motion to Dismiss

The “responses” are responses to the FTC’s motion for a preliminary injunction. That motion and the complaint are here and here.

News coverage via Pechanga here.

Federal Trade Commission Sues Miami Tribe-Related Payday Lending Companies

April 5, 2012Matthew L.M. Fletcher3 Comments

Here are the materials:

Federal Trade Commission v. AMG Services, Inc.; Red Cedar Services, Inc., also doing business as 500FastCash; SFS, Inc., also doing business as OneClickCash; Tribal Financial Services, also doing business as Ameriloan, UnitedCashLoans, USFastCash, and Miami Nation Enterprises; AMG Capital Management, LLC; Level 5 Motorsports, LLC; Leadflash Consulting, LLC; Partner Weekly, LLC; Black Creek Capital Corporation; Broadmoor Capital Partners, LLC; The Muir Law Firm, LLC; Scott A. Tucker; Blaine A. Tucker; Timothy J. Muir; Don E. Brady; Robert D. Campbell; and Troy L. Little Axe, Defendants, and Park 269, LLC; and Kim C. Tucker, Relief Defendants.
(United States District Court for the District of Nevada)

Case No. 2:12-cv-00536
FTC File No. 112 3024

April 2, 2012

Complaint for Injunction and Other Equitable Relief
Plaintiff’s Memorandum of Points and Authorities in Support of Motion for Preliminary Injunction and Other Equitable Relief
News Release