Several years ago, before the Wall Street Journal reached out to me for my thoughts regarding tribal lending, I was having lunch in Newport Beach with a friend – I’ll call him Bob – who owned 61 brick-n-mortar payday loan stores in 4 states. As we were about to eat, I got a call from an investor requesting my help in partnering with a federally recognized Native American Tribe. The caller and I discussed the project briefly on the phone and I suggested I call her back later. I got off my phone and Bob went-off on me! He screamed and yelled something about all the years and money he had invested in securing state licensing and store leases and now these Indian tribes “are going to crush him!”
A few years have passed since this incident. Bob is still going strong BUT city ordinance and state licensing issues have caused him a LOT of grief. And Bob is like a LOT of operators in the payday loan space! He’s cunning, hard working and adaptive. Bob is still my friend 😎
Whatever role you play in the small dollar-payday-installment loan space, the Tribal online lending model has to be of interest to you.
Are Tribal Lending Enterprises (TLE’s) subject to the CID’s [civil investigative demands] issued by the CFPB?
Are Tribal lenders taking market share away from you?
Are your customers receiving direct mail offers from Tribes that compete with your state licensed loan business?
Are you a lead aggregator or lead generator selling leads to Tribal lenders?
Perhaps you’re a loan management software company with Tribal lender clients?
Seems to me about HALF my readers are ACH providers 😳 Most of you would not be too comfortable dealing with a CID.
The Tribal online lending business model continues to impact the payday loan – installment loan industry in unimaginable ways! Tribes are making serious attempts to improve their economic situation while state licensed lenders fight them tooth and nail. (Disclosure: I have my feet – read MONEY – at work in both camps.)
You may think it’s easy for a Tribe to simply form a TLE and start lending via the Internet. WRONG! It requires MONEY and KNOWLEDGE. The majority of Indian Country is located in some far off, forgotten hinterland with zero access to capital and operational skills. Not many Tribal members receive a stipend from a successful Casino. Tribes face monumental barriers to entry.
So… down below here, is a PDF for your enjoyment.
Whatever role you play, you should sit back on a warm, dry Sunday morning and review this “PETITION FOR A WRIT OF CERTIORARI by NEAL KUMAR KATYAL (Counsel of Record)
In The Supreme Court of the United States
GREAT PLAINS LENDING, LLC,
and PLAIN GREEN, LLC,
CONSUMER FINANCIAL PROTECTION BUREAU,
And if you need superior counsel or advice regarding how to make money by lending money, reach out to me: Jer@TrihouseConsulting.com