Justia U.S. 9th Circuit Court of Appeals Opinion Summaries

CFPB v. Great Plains Lending, LLC

By
The Tribal Lending Entities challenged the district court's decision compelling them to comply with the Bureau's civil investigative demands. The court rejected the Tribal Lending Entities' argument that because the Consumer Financial Protection Act of 2010, Title X, Pub. L. No. 111-203, 124 Stat 1376, defines the term "State" as including Native American tribes, the Tribal Lending Entities, as arms of sovereign tribes, are not required to comply with the investigative demands. The court concluded that, in the Act, which is a generally applicable law, Congress did not expressly exclude tribes from the Bureau’s enforcement authority. The court explained that, although the Act defines “State” to include Native American tribes, with States occupying limited co-regulatory roles, this wording falls far short of demonstrating that the Bureau plainly lacks jurisdiction to issue the investigative demands challenged in this case, or that Congress intended to exclude Native American tribes from the Act’s enforcement provisions. Neither have the Tribes offered any legislative history compelling a contrary conclusion regarding congressional intent. Accordingly, the court affirmed the judgment. View "CFPB v. Great Plains Lending, LLC" on Justia Law