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Ninth Circuit affirms tribal loan providers topic to CFPB investigative needs

The Ninth Circuit recently issued its viewpoint in CFPB v. Great Plains Lending, LLC, et al., by which three tribal-affiliated, for-profit financing businesses (“Tribal Lenders”) challenged the authority regarding the CFPB to issue civil investigative needs (CIDs) against Native United states tribes.

Summarizing precedent, the Ninth Circuit determined that Dodd-Frank—a “law of general applicability”—applies to tribes unless: 1) the statutory legislation details on exclusive legal rights of tribal self-governance; 2) the use of what the law states to tribes would break treaties; or 3) Congress indicated its intent that what the law states must not connect with tribes.