CFPB Signals Renewed Enforcement of Tribal Lending

CFPB Signals Renewed Enforcement of Tribal Lending

The CFPB has sent different messages regarding its approach to regulating tribal lending in recent years. The CFPB pursued an aggressive enforcement agenda that included tribal lending under the bureau’s first director, Richard Cordray. After Acting Director Mulvaney took over, the CFPB’s 2018 five-year plan suggested that the CFPB had no intention of “pushing the envelope” by “trampling upon the liberties of y our residents, or interfering with sovereignty or autonomy regarding the states or Indian tribes.” Now, a present decision by Director Kraninger signals a return to an even more aggressive position towards tribal lending pertaining to enforcing federal customer monetary regulations.

Background

On February 18, 2020, Director Kraninger issued an purchase doubting the request of lending entities owned by the Habematolel Pomo of Upper Lake Indian Tribe setting apart particular CFPB investigative that is civil (CIDs). The CIDs under consideration had been given in October 2019 to Golden Valley Lending, Inc., Majestic Lake Financial, Inc., hill Summit Financial, Inc., Silver Cloud Financial, Inc., and Upper Lake Processing Services, Inc. (the “petitioners”), looking for information associated with the petitioners’ alleged violation regarding the customer Financial Protection Act (CFPA) “by collecting amounts that customers would not owe or by simply making false or deceptive representations to consumers when you look at the length of servicing loans and collecting debts.” The petitioners challenged the CIDs on five grounds – including sovereign resistance – which Director Kraninger rejected.

Just before issuing the CIDs, the CFPB filed suit against all petitioners, aside from Upper Lake Processing Services, Inc., into the U.S. [Read more…]