The Alliance between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk?
University of New Mexico - School of Law
affiliation not provided to SSRN
April 17, 2012
Washington and Lee Law Review, Forthcoming
UNM School of Law Research Paper No. 2012-02
This article explores how tribal sovereign immunity is being used in the context of payday lending to avoid state law and explores the ramifications of this for both consumer-protection regulation and tribes. It discusses payday loans and tribal sovereignty generally, as well as tribal sovereign immunity, then discusses what might be done to address this consumer protection issue. More specifically, we discuss who in society has the power and resolve to dissolve this alliance, identifying tribes themselves, the Supreme Court, Congress, the Federal Trade Commission, and the Consumer Financial Protection Bureau as possibilities.
Number of Pages in PDF File: 56Accepted Paper Series
Date posted: April 17, 2012 ; Last revised: June 6, 2012
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