THE BLOG

21
Jul

More Great News for Borrowers: 4th Circuit Finds Lenders Entitled to Tribal Sovereign Immunity

For those of us who champion the rights of consumers and borrowers to have the right to choose financial products that are best for meeting their personal money challenges, the Fourth Circuit of Appeals just came through for them!

Native American Indian Tribes, servicers and vendors are considered to be “arms of the tribe” when properly constructed collaborations are implemented and are entitled to sovereign immunity.

This is a huge win for consumers, lenders, vendors and payment processors!

Per the Press Release by Weider, Brodsky & Kidder PC:

A panel for the U.S. Court of Appeals for the Fourth Circuit recently found that two lending entities affiliated with the Lac Vieux Desert Band of the Lake Superior Chippewa Indians (the Tribe) are entitled to tribal sovereign immunity as “arms of the tribe”.  The panel then ordered the dismissal of an underlying putative class action brought by five Virginia residents who claimed the payday loans they obtained online from the tribe-affiliated lenders violated state usury laws.  The panel’s decision reverses that of the district court, which held that the affiliated lenders failed to sufficiently prove they were “arms of the tribe” and thus were subject to the court’s jurisdiction.

One of the lending entities, Big Picture, was formed by the Tribe in 2014 to consolidate the Tribe’s lending activities, and in 2015, the Tribe formed Ascension as a subsidiary to support its lending activities by providing marketing, technological, and vendor services.  The appellees, Virginia residents, initiated a class action in federal court in 2015 in which they alleged that the payday loans they received from Big Picture came with interest rates fifty times higher than the legal limit in Virginia.  The lending entities moved to dismiss the case for lack of subject matter jurisdiction on the basis of tribal sovereign immunity, but the district court denied their motion, asserting that the appellants’ claim of immunity was unsupported by the evidence they provided.

In reaching its conclusion, the district court applied an “arm-of-the-tribe” analysis, which is used to determine whether tribal immunity may apply when a tribe-created entity engages in commercial activity.  The “arm-of-the-tribe analysis” typically involves consideration of the following factors: “(1) the method of the entities’ creation; (2) their purpose; (3) their… [Read More Below…

4th Circuit Finds Lenders Entitled to Tribal Sovereign Immunity

Want to know more? Grab a copy of our “Bible” or schedule a conference call with our Founder: Jer Ayles

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11
Jul

Calif. Assembly Bill 539 Update-Consumer Access to Small-Dollar Short Term Loans at Risk!

By Jer AylesCall Your California Senator TODAY or Your Customers Will Never Forgive You!

Consumer financial choices UNDER FIRE in California!

My state of California is on the verge of destroying the rights of consumers across the ‘”Golden State” to have access to credit based on their own needs, wants, and desires for solving their financial challenges!

As usual, our elected congressional representatives and the lobbyists who support this California Assembly Bill 539 think they know what’s best for ALL of us.

Lower loan rates, fewer fees, same-day money delivered to your bank account/card, Fintech, competition… are ALL contributing to the well-being of California consumers ALREADY. Don’t allow these elected representatives to STIFLE the reinvigoration of the “business of lending money to the masses.”

Consumers, lenders, vendors, suppliers, property owners, your local barista… will suffer if we do not raise our hand, call our Senator and express our distaste for their latest assault on our financial freedom and our disgust with the influence lobbyists exert on OUR REPRESENTATIVES!

Contact | U.S. Senator Kamala Harris of California

Contact – United States Senator for California – Senator Dianne Feinstein

1-Assembly Bill 539 and the Future of Consumer Loans in California

 

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10
Jul

Questions Payday Loan Customers Ask Lenders

We quizzed 94,577 consumers who either currently have or at 1X+ had a payday loan, title loan, or a non-collateralized installment loan.

As a lender or vendor or lawyer in the “Business of Lending Money to the Masses,”

YOU need to know what their #1 questions are. For the answers, invest in our 2019 Course. Click Here!

So, here you go:

  • How do I qualify?
  • What do I need to get a payday loan?
  • Where are you?
  • How can I get rid of payday loans legally?
  • Can you go to jail for not paying back a payday loan?
  • How can I avoid paying payday loans legally?
  • How can I stop a payday lender from electronically taking money out of my bank or credit union account?
  • How can I avoid paying payday loans legally?
  • What happens if I can’t pay my payday loan?
  • What happens if I can’t pay my payday loan?
  • How can I get rid of payday loans fast?
  • How to get out of payday loan debt?
  • How can I get rid of payday loans fast?
  • How can I settle my payday loan?
  • Payday loan settlement – Is it a good legal option to settle my payday loan?
  • How can I settle my payday loan?
  • Can they garnish your wages for a payday loan?
  • Is there a statute of limitations on payday loans?
  • Can I get a warrant for a payday loan?
  • What happens if you stop paying payday loans?
  • How can I stop my payday loans?
  • Can I stop paying payday loans?
  • Can’t afford to pay back payday loans?
  • Can a payday loan sue you after 7 years?
  • Do I have to pay back an illegal payday loan?
  • How do I get out of a payday loan cycle?
  • Are Payday Loans Bad?
  • How can I get a payday loan without a bank account?
  • Can I negotiate with payday lenders?
  • How can I get out of payday loan debt?
  • Can debt relief help with payday loans?
  • How can I stop payday loan garnishment?
  • How long can a payday loan be collected?
  • What happens if a payday loan check bounced?
  • Can I be chased for debt after 10 years?
  • How long does a payday loan stay on your credit?
  • Do debt collectors ever give up?
  • Can you go to jail for not paying a payday loan?
  • Can you go to jail for not paying a loan company?
  • How can I get rid of payday loans legally?
  • How can I get out of paying my payday loans?
  • Can I get a payday loan if I owe one?
  • Are payday loans illegal?

Jer – Trihouse 702-208-6736  For a copy of this report in PDF format delivered to your Inbox, send an email to: TrihouseConsulting@gmail.com

To schedule a strategy/exploration call, click to view my calandar Clarity.fm

How to start a payday loan, car title loan installment loan company

Course: How to Lend to the Masses

Click Here: $337.00 Immediate PDF Download


If you’re worn out spending hour upon hour searching Google for consumer loan business strategies, know-how, software, licensing, consumer credit reporting, sample contracts, collection tactics, profitability, how much start-up capital you need, anticipated default metrics, and on and on and on… Our “Bible” delivers ALL THESE ANSWERS AND MORE!

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08
Jul

CFPB Update: Payday, Vehicle Title, & Installment Lending Rule

PaydayLoanIndustryBlog.com      702-208-6736

CFPB Update: Payday, Vehicle Title, and High-Cost Installment Lending Rule: Payment-Related Requirements

Small Entity Compliance Guide

Table of contents

1. Introduction

1. Scope and focus of this guide

2. A brief summary of Payday Lending Rule’s payment-related requirements, effective date, and the compliance date

3. Use of examples in this guide

4. Additional implementation resources

2. Covered loans

1. Covered short-term loans

2. Covered longer-term balloon-payment loans

3. Covered longer-term loans

4. Exclusions from coverage

5. Conditional exemptions

3. Lenders and service providers under the Payday Lending Rule

1. Lenders

2. Service providers.

4. Prohibited payment transfer attempts

1. Payment transfers

2. Conditional exclusion for certain transfers made by an account-holding institution

3. Exception for additional payment transfers authorized by the consumer in a new and specific authorization

4. Single immediate payment transfers at the consumer’s request

SMALL ENTITY COMPLIANCE GUIDE: PAYDAY LENDING RULE: PAYMENT-RELATED REQUIREMENTS

Prohibition on evasion

Disclosure of payment transfer attempts

General form and delivery requirements for notices

1. First payment withdrawal notices

2. Unusual payment withdrawal notices

3. Consumer rights notices

4. Electronic short notices.

Compliance program and record retention

1. Compliance program

2. Record retention

3. Prohibition on evasion

Payday Loans, Title Loans Installment Loans: CFPB

Payday Loans, Title Loans Installment Loans: CFPB

1. Introduction

On October 5, 2017, the Consumer Financial Protection Bureau (Bureau) issued a final rule governing certain personal loans with short-term or balloon-payment structures and certain additional installment loan products (2017 Payday Lending Rule).

On February 6, 2019, the Bureau issued: (1) a notice of proposed rulemaking to reconsider the 2017 Payday Lending Rule’s mandatory underwriting provisions;(1)and (2) a notice of proposed rulemaking to delay the August 19, 2019 compliance date of the mandatory underwriting provisions.

On June 6, 2019, the Bureau issued a final rule (Delay Final Rule)3 finalizing the second of these two proposals. The Delay Final Rule delays the August 1 9, 201 9 compliance date for the 2017 Payday Lending Rule’s mandatory underwriting provisions to November 19, 2020, and makes technical corrections to the 2017 Payday Lending Rule.

This guide uses the term “Payday Lending Rule” or “Rule” to refer to the 2017 Payday Lending Rule as amended by the Delay Final Rule.T he proposed rulemaking does not reconsider the payment-related requirements of the Payday Lending Rule. Thus, this guide highlights information that may be helpful when implementing the payment-related requirements of the Payday Lending Rule. It does not discuss the Rule’s mandatory underwriting provisions. As appropriate, the Bureau will revise this guide to assist.

SMALL ENTITY COMPLIANCE GUIDE: PAYDAY LENDING RULE: PAYMENT-RELATED REQUIREMENTS

An industry with the implementation of the Payday Lending Rule’s mandatory underwriting provisions at a later date. This guide meets the requirements of Section 21 2 of the Small Business Regulatory Enforcement Fairness Act of 1996 with regard to the Payday Lending Rule’s payment-related requirements. This guide is not a substitute for reviewing the Payday Lending Rule. The Payday Lending Rule and its Official Interpretations (also known as the commentary) are the definitive sources of information regarding the Payday Lending Rule’s requirements. The Payday Lending Rule is available.

cfpb_payday_small-entity-compliance-guide-07-08-19
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07
Jun

Consumers Rejoice! CFPB Issues Final Rule on Payday Loan Underwriting

More good news for USA households as the CFPB recognizes access to credit for all at competitive rates is preferable to zero financial choices!

On June 6, 2019, the Bureau issued a final rule delaying the August 19, 2019 compliance date for the Mandatory Underwriting Provisions of the 2017 Payday Lending Rule to November 19, 2020.

June 6, 2019

Executive Summary of Delay Final Rule’sAmendments to the 2017 payday lending Rule

On June 6, 2019, the Consumer Financial Protection Bureau (Bureau) issued a final rule (Delay Final Rule) delaying the compliance date for the Mandatory Underwriting Provisions of the Bureau’s 2017 rule governing Payday, Vehicle Title, and Certain High-Cost Installment Loans (2017 Payday Lending Rule).

The Delay Final Rule also makes certain technical corrections to the 2017 Payday Lending Rule.

This executive summary provides an overview of the Delay Final Rule but is not a substitute for reviewing the Delay Final Rule itself.

Background On October 5, 2017, the Bureau issued the 2017 Payday Lending Rule to establish regulations for payday loans, vehicle title loans, and certain high-cost installment loans.

The 2017 Payday Lending Rule addressed two discrete topics.

First, it contained a set of provisions with respect to the underwriting of certain covered loans and related reporting and recordkeeping requirements. These provisions are referred to herein as the “Mandatory Underwriting Provisions.”

Second, it contained a set of provisions establishing certain requirements and limitations with respect to attempts to withdraw payments from consumers’ checking or other accounts and related recordkeeping requirements. These provisions are referred to herein as the“Payment Provisions.”

The Bureau also provided an unofficial redline and an executive summary.

How to start payday loan business, title loan business, loan business
Click Here: $337.00 Immediate PDF Download


Click this link Course #1 for a complete Table of Contents.

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