NYTs Editorial on New York’s Crack Down on Predatory Lenders

Here.

An excerpt:

A prominent online lender that has increasingly run into state challenges — Western Sky Financial, owned by a tribal member of the Cheyenne River Sioux — has just announced that it will stop financing loans next month.

 

New York ex rel. Schneiderman v. Western Sky Materials

Here:

NY Petition

NY Memorandum of Law

Exhibits

News coverage.

WSJ on New York’s Suit against Indian Country Payday Lenders

Here. Excerpt:

Courts have long upheld that tribal-owned businesses enjoy the same sovereign immunity as tribal governments and aren’t subject to state law. Matthew Fletcher, director of Michigan State University’s Indigenous Law and Policy Center, said the ownership structure of a firm has bearing on its legal defenses in such situations. Lenders owned by an individual member of a tribe but not deemed to be owned by the tribe itself would have less ground in attempting to block lawsuits or other state action, he said.

“I would assume the tribe and the tribal entity would respond by saying you don’t have jurisdiction over the tribal nation,” Mr. Fletcher said.

 

Federal Court Remands Missouri Case against Martin Webb Pay Day Lenders Back to State Court

Here are the materials in State of Missouri v. Webb (E.D. Mo.):

DCT Order Remanding Mo. Complaint to State Court

Webb Motion to Dismiss

Mo. Opposition to Motion to Dismiss

Webb Reply

Mo. Motion to Remand

Webb Opposition to Motion for Remand