Go Back to Consumer Financial Services

Practice

Tribal Lending

Native American Tribes involved in economic development, as well as the entities that do business with them, operate in a complex regulatory environment involving federal, state, and Tribal law. Our national team is experienced in helping Tribes, Tribal lending arms, individuals, and related business entities navigate these waters, including defending them in individual and class actions and appeals, often involving matters of first impression. We advise clients nationwide on Indian law, regulatory actions, and business/consumer lending litigation involving Tribal businesses.

Our experience includes complex litigation (including class actions), government relations, and regulatory compliance and enforcement matters related to consumer lending practices, including state law lending limits, the Fair Debt Collection Practices Act (FDCPA), the Fair Credit Reporting Act (FCRA), consumer finance, the Racketeer Influenced and Corruption Act (RICO), Electronic Funds Transfer Act (EFTA), and related common law claims. Beyond the courtroom, our team develops dynamic, informed solutions to regulatory and compliance questions and disputes, including challenges to Tribal business models by the Consumer Financial Protection Bureau (CFPB) and in investigations by state attorneys general, state banking authorities, the Office of the Comptroller of the Currency (OCC), the National Indian Gaming Commission (NIGC), the Department of the Interior, and the Internal Revenue Service (IRS).

Operating at the intersection of government relations, regulatory compliance, and litigation, our attorneys leverage decades of experience in all areas of financial services law. Combined with our deep understanding of Native American law and Tribal lending policies, we offer comprehensive insight to guide clients through the complex interplay of Tribal, state, and federal law.

  • Performed an audit and investigation of potential wrongdoing by Tribal lending employees and third-party vendors, resulting in several federal criminal convictions and recovery of funds wrongly taken from the lending businesses.
  • Negotiated a successful settlement involving a tribal guaranty of a casino loan of over $30 million.
  • Advised a Tribal business committee on issues relating to membership on the committee and assisted the committee in removing the chairman.
  • Represented a Tribal lending entity in an investigation by the U.S. Attorney’s Office for the District of Montana into alleged fraud by former and current executives, securing immunity for several witnesses.
  • Represented a tribal lender in an investigation by a state banking regulator regarding allegations of unlicensed lending. The matter was resolved, and regulators declined to take action against the lender.
  • Successfully represented a Tribal lending organization in its challenge to a civil investigative demand from the CFPB alleging violations of numerous consumer protection laws and regulations. This case of first impression, filed in the U.S. District Court for the Central District of California, addressed whether the CFPB has jurisdiction over Tribes engaged in consumer lending business. The case was appealed to the U.S. Court of Appeals for the Ninth Circuit. Our representation of the client also included handling an investigation by the U.S. Department of the Interior Office of Inspector General and responding to a grand jury subpoena from the U.S. Attorney in Montana.
  • In a case of first impression, obtained an appellate court ruling dismissing seven nationwide class actions and a multidistrict litigation challenging the consumer lending practices and sovereign immunity status of two Tribal lending entities. Plaintiffs alleged violations of RICO, state usury and consumer protection laws, and unjust enrichment claims, and our team obtained a ruling from the U.S. Court of Appeals for the Fourth Circuit ordering the dismissal of the Tribal lending entities on sovereign immunity grounds and for lack of subject matter jurisdiction, reversing the district court’s prior ruling.
  • Represented several Tribal defendants in a class action complaint alleging that our clients contacted members of two Native American tribes to establish “rent-a-tribe” enterprises to circumvent Virginia and federal lending laws.
  • Represented several individuals in a putative class action in Virginia alleging that defendants engaged in an unlawful lending operation involving two Native American-owned lending companies and multiple alleged co-conspirators.
  • Obtained dismissal of a class action in the Northern District of California asserting violations of state usury laws and RICO by multiple lending companies.
  • Led multiple transactions with Tribally sponsored lenders that entered into relationships with marketers and service providers to make loans on a 50-state basis.
  • Conducted an internal investigation for an Indian Tribe concerning allegations of wrongdoing by the chairman’s construction company; litigation followed, resulting in a trial in Tribal court and a favorable outcome.
  • Represented a Tribe concerning tobacco escrow demands by multiple state attorneys general.

Our highest goal? Achieving yours.

Exceptional results are our best practice

Find your professional