Here is today’s order list.
The Court granted review in AMG Capital Management LLC v. Federal Trade Commission. Here is the Ninth Circuit’s opinion in FTC v. AMG Capital Management LLC. District court materials here.
Here is today’s order list.
The Court granted review in AMG Capital Management LLC v. Federal Trade Commission. Here is the Ninth Circuit’s opinion in FTC v. AMG Capital Management LLC. District court materials here.
Here.
From the FTC press release:
Two payday lending companies have settled Federal Trade Commission charges that they violated the law by charging consumers undisclosed and inflated fees. Under the proposed settlement, AMG Services, Inc. and MNE Services, Inc. will pay $21 million – the largest FTC recovery in a payday lending case – and will waive another $285 million in charges that were assessed but not collected.
The Federal Trade Commission’s website on this matter is here.
The stipulated judgment is here.
Here are the updated materials in Federal Trade Commission v. AMG (D. Nev.):
559 DCT Order Adopting MJ Report
Prior post in this part of the litigation is here. The post related to the partial settlement is here. Other posts are here and here.
Here are the materials in People of the State of California v. MNE:
An excerpt from the opinion:
Applying the arm-of-the-tribe analysis as we directed in Ameriloan v. Superior Court (2008) 169 Cal.App.4th 81 (Ameriloan), the trial court dismissed for lack of subject matter jurisdiction this action by the Commissioner of the California Department of Corporations against five “payday loan” businesses owned by Miami Nation Enterprises (MNE), the economic development authority of the Miami Tribe of Oklahoma, a federally recognized Indian tribe, and SFS, Inc., a corporation wholly owned by the Santee Sioux Nation, also a federally recognized Indian tribe. Because the two tribal entities and their cash-advance and short-term-loan businesses are sufficiently related to their respective Indian tribes to be protected from this state enforcement action under the doctrine of tribal sovereign immunity, we affirm.
A second related opinion from the same court:
An excerpt:
The Commissioner of the California Department of Corporations (Commissioner),1 on behalf of the People of the State of California, sued Ameriloan, United Cash Loans, US Fast Cash, Preferred Cash and One Click Cash for injunctive relief, restitution and civil penalties, alleging they were providing short-term, payday loans over the Internet to California residents in violation of several provisions of the California Deferred Deposit Transaction Law (DDTL) (Fin. Code, § 2300 et seq.). Miami Nation Enterprises (MNE), the economic development authority of the Miami Tribe of Oklahoma, a federally recognized Indian tribe, and SFS, Inc., a corporation wholly owned by the Santee Sioux Nation, also a federally recognized Indian tribe, specially appeared and moved to quash service of summons and to dismiss the complaint on the ground the lending businesses named as defendants were simply trade names used by the two tribal entities and, as wholly owned and controlled entities of their respective tribes operating on behalf of the tribes, they were protected from this state enforcement action under the doctrine of tribal sovereign immunity.
During the course of this litigation on the issue of subject matter jurisdiction, the trial court imposed $34,437.50 in discovery sanctions against the Commissioner after the court denied in substantial part her motion to compel further responses to a second set of requests for production of documents from MNE and SFS. We affirm.
The case is Federal Trade Commission v. AMG Services (D. Nev.). Here are the most recent materials from the FTC website:
News coverage here.
Briefs here:
FTC Motion for Partial Summary J
Here are the materials in Federal Trade Commission v. AMG (D. Nev.):
Here are additional pleadings in Federal Trade Commission v. AMG Services, Inc. (D. Nev.):
Scott Tucker & AMG 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.
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