DBO Wins Landmark California Supreme Court Ruling in Significant Tribal Payday Lending Case

DBO Wins Landmark California Supreme Court Ruling in Significant Tribal Payday Lending Case

Court Bolsters Test to choose Whenever Personal Organizations Entitled to Tribal Immunity

SACRAMENTO – The Ca Department of company Oversight (DBO) today won circumstances Supreme Court choice in a landmark instance concerning the dilemma of private lenders that are payday make an effort to make use of tribes’ sovereign immunity in order to avoid state certification and customer security legislation.

“This ruling is a win that is important California’s payday loan consumers,” said DBO Commissioner Jan Lynn Owen. “It strengthens our capacity to enforce guidelines prohibiting extortionate costs and activity that is unlicensed doubting payday lenders’ capacity to inappropriately utilize tribes’ sovereign immunity to prevent complying with state legislation.”

The court established an analysis that is detailed determining whenever affiliated entities are rightfully eligible to a tribe’s sovereign immunity. Making use of that test, which makes up about both the proper execution and purpose of tribes’ relationships with affiliated entities, the court ruled the defendants “are maybe not eligible to immunity that is tribal from the record before us.”

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