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The Alliance between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk?

56 Pages Posted: 17 Apr 2012 Last revised: 6 Jun 2012

Nathalie Martin

University of New Mexico - School of Law

Joshua Schwartz

affiliation not provided to SSRN

Date Written: April 17, 2012

Abstract

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.

Suggested Citation

Martin, Nathalie and Schwartz, Joshua, The Alliance between Payday Lenders and Tribes: Are Both Tribal Sovereignty and Consumer Protection at Risk? (April 17, 2012). Washington and Lee Law Review, Forthcoming; UNM School of Law Research Paper No. 2012-02. Available at SSRN: https://ssrn.com/abstract=2041595

Nathalie Martin (Contact Author)

University of New Mexico - School of Law ( email )

1117 Stanford, N.E.
Albuquerque, NM 87131
United States

Joshua Schwartz

affiliation not provided to SSRN ( email )

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