Some Indian tribes – especially impecunious tribes positioned remotely from populace facilities, without enough traffic to engage profitably in casino gambling – are finding revenue that is much-needed customer financing on the internet.
The tribe forms a tribal lending entity (TLE) that is financed by a third party in a typical model. The TLE then makes loans on the internet to consumers nationwide, often on terms being illegal beneath the interior regulations regarding the continuing states where in actuality the borrowers live. Since the TLE is deemed an “arm” of the tribe, the TLE benefits through the tribe’s sovereign resistance. Because of this, the TLE can be sued only under very limited circumstances; and, maybe even more to the point, the TLE is exempt from many state-court discovery meant to uncover the economic relationship involving the TLE and its particular non-tribal financier. […]