Supreme Court Ruling on Tribal Powers Sparks Debate

American Banker
Monday, June 9, 2014

A Supreme Court decision that suggests limits on Native American tribes' off-reservation authority has triggered debate over whether online payday lenders who claim tribal exemptions to state law will be affected. The ruling states that although states cannot sue tribes, they could instead pursue individual members for offering loans that violate state laws, including those that restrict payday lending. Consumer advocates hailed the decision as a new tool for stopping online lenders who claim Native exemptions. But other analysts argue the ruling is limited because it does not address the core ambiguity of the practice -- whether or not the lenders are operating on tribal territory when they make online loans.