When do investments by outsiders turn a tribal business into one that does not share in the tribe’s sovereign immunity? In a case decided today, the Third Circuit attempted to answer that question. The Fort Belknap Indian Community, a Montana-based Indian tribe, created a corporation called the Island Mountain Development Group, which manages another tribe-created […]
Category Archives: Predatory Lending
In the American Banker (behind paywall but available on Lexis). The essay is about how the CFPB is repeating the mistakes of the past. Excerpt: The Consumer Financial Protection Bureau is systematically removing guardrails designed to prevent abuses in the consumer finance market. With each retreat from its oversight obligations, the CFPB is expanding the opportunities for firms […]
Here at the Yale Journal of Regulation Notice and Comment blog. John Lewis is Deputy Legal Director at Governing for Impact. Excerpt: Much like the Trump Administration’s attempt to “dismantle and disable the agency entirely,” the administration’s latest effort to prevent CFPB from enforcing vital consumer protections is unlawful. Affected parties—those who stand to benefit from the […]
ProPublica reports that online lenders tied to Native American tribes claim that they aren’t subject to state lending laws, but then have backed away from operating in six states where attorneys have acted forcefully to protect consumers. The story is here.
Read “The Tribal Lending Industry Offers Quick Cash Online at Outrageous Interest Rates. Here’s How It’s Survived,” from ProPublica this week.
Earlier this month, the Department of Treasury’s Office of Inspector General issued a report on refund advance and refund transfer products sold to taxpayers, finding that nearly 16% of taxpayers used such products for the 2023 tax year– with nearly 80% of those taxpayers having worked with just 7 tax return preparation companies. The report […]
The future, they say, is the hardest thing to predict. With that caveat, what can we expect from a second Trump administration for consumer prediction? Some quick thoughts: President-elect Trump will surely ask CFPB Director Rohit Chopra to resign so that he can replace Chopra with someone he prefers. Despite the fact that Vice President-elect […]
ProPublia reports that, “[f]acing financial ruin, the Lac du Flambeau tribe began offering short-term loans online with annual rates often over 600%. But as the tribe rose in an industry derided for predatory practices, it put its reputation at risk and drew costly lawsuits.” The article is here.
A home equity line of credit, or “HELOC,” is a loan product that allows a consumer to borrow money, using their equity in their home as collateral. William Lyons had taken out a HELOC from a predecessor to PNC Bank. Years later, PNC withdrew money from Lyons’ deposit account to offset outstanding payments on the […]
Today, the CFPB released a report about a form of home seller financing called “contract-for-deed” financing, under which the seller agrees to turn over a home’s deed only after the buyer completes a series of payments. The report found that such deals often involve inflated home prices, high interest rates, and balloon payments — and […]