He said he has found that most tribal lenders are lending to consumers outside of their home states.
“The big question concerning tribal lenders is whether or not they have to comply with Wisconsin laws and other state laws throughout the country,” Lawton said.Spokeswoman Lisa Schiller of the Better Business Bureau in Wisconsin said her agency started seeing complaints about tribal lending in 2015.Generally, tribal lenders are quick to respond to disgruntled customers, referring them to the fine print on the loan contract and the website, Schiller said.Despite the legal gray area of tribal lending, several consumer advocate attorneys say that tribal businesses, when operating beyond their reservations, are subject to state and federal laws, including interest-rate caps in some states.Supreme Court has ruled in several cases, cited by the federal judge in the Virginia case, that a Native American tribe’s claim of “sovereign immunity” did not protect individual tribal leaders from being sued by borrowers for violating state laws.
Predatory lending practices: What are payday loans and other types of predatory lending.The Virginia case shows why such lending practices are illegal, said Andrew Guzzo, a plaintiff attorney on the case who has sued tribal leaders who run online loan operations and tracked their lending practices for years.Saunders has been working on this issue for over a decade and said if consumers find themselves with a tribal loan that exceeds the interest rates in their states, they should consider stopping payment and revoking any authorization for an automatic debit from their accounts.In complaints to the Better Business Bureau and interviews with the Journal Sentinel, several borrowers of tribal loans say money was taken from their account even after their loan was paid or more was taken out than what was stipulated on their contract.His loan, through Greenline Loans, which is owned by the Lac du Flambeau Band of Chippewa Indians in Vilas County, balked at payment by check, instead insisting on automatic bank debits, he said.