SCOTUS Remands Four Okla. Criminal Cases, Grants Cert in Financial Services Cases Involving Tribal Businesses

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.

News Profile: “Tribal Payday Lenders Get Comeuppance”

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.

California v. Miami Nation Enterprises: California SCT Materials (So Far)

Here:

California Petition for Review

Public Justice Amicus Brief in Support of Petition

MNE Answer to Petition

California Petition Stage Reply

California Opening Merits Brief

MNE Merits Brief

California Reply

California Supplemental Brief

Lower court materials here.

Complaint

FTC Wins Another Motion in Suit against Various Tribal Payday Lenders

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

444 MJ Report

448 Little Axe Objection

449 AMG et al Objection

451 FTC Response

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.

California COA Affirms Immunity of Tribally-Owned Payday Lenders

Here are the materials in People of the State of California v. MNE:

B242644_Opinion

California Opening Brief

MNE Brief

California Reply Brief

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:

B236547_Opinion

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.

Colorado COA Dismisses Colorado AG’s Appeal of Cash Advance Matter

Here:

Colorado v Cash Advance Colo. COA Opinion

Lower court opinion here.

Federal Trade Commission Partially Settles Suit against Indian Country Payday Lenders

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

AMG Response

Brady Response

Tucker Defendants Response

FTC Reply

 

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

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.

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.