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Payday lending: Is it a tribal or states’ rights battle?

Indian Country released a story today regarding Internet payday lending and its connection to Indian Sovereign Nations. As CFSA has said in its release, “our Best Practices require that all our member companies that offer payday advances through the Internet must be licensed in the state in which the customer resides and that they comply with all applicable state laws.”

In the opposing corner is the Community Financial Services Association of America (CFSA), based in Alexandria, Virginia. The payday lender trade group, founded in 1999, said on July 7 the tribal/payday lender affiliations “are solely a practice of some Internet-based lenders who choose not to license themselves in the states in which they operate, but rather rely on the law of the sovereign nation.”

CFSA said its “best practices require that all our member companies that offer payday advances through the Internet must be licensed in the state in which the customer resides and that they comply with all applicable state laws.” This “ensures strong consumer protections wile preserving access to short-term credit.”

A study done earlier this year by the Washington, DC-based Center for Public Integrity alleged that Internet-only lender/tribal arrangements were “rent-a-tribe” arrangements to get around state rules and potential lawsuits, an update from earlier “rent-a-bank” arrangements in states that had fewer restrictions on this kind of lending.

Click here to read CFSA’s media statement.

Posted in best practices, CFSA, customers, Indian Country, Payday lending0 Comments


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THE DEMAND FOR SHORT-TERM CREDIT