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Sovereign reach?


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Authorities allege that certain loan provider in particular, South Dakota-based Western Sky Financial LLC, has preyed on debt-burdened consumers — recharging exorbitant prices, running without state licenses, and forcing borrowers to fight garnishments before a tribal court that lacked jurisdiction over their instances.

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Western Sky, which includes promoted in Minnesota, would not answer MinnPost’s demands for comment. On its site, the organization lists 17 states where its loans aren’t available. Minnesota just isn’t detailed. Put simply, a Minnesota borrower might assume the business gets the directly to lend within the state.

Is the fact that real? Minnesota legislation requires that loan providers be certified, and Western Sky isn’t among licensees noted on the state Commerce Department “license lookup” website.

But that’s in which the sovereignty argument starts. Western Sky’s internet site emphasizes it “is a native business that is american in the external boundaries for the Cheyenne River Sioux Reservation, a sovereign nation positioned in the United States of America.”

Further, it claims: “All loans is topic entirely to your exclusive regulations and jurisdiction associated with the Cheyenne River Sioux Tribe, Cheyenne River Indian Reservation. All borrowers must consent become bound towards the jurisdiction associated with Cheyenne River Sioux Tribal Court, and agree that is further hardly any other state or federal legislation or legislation shall connect with this Loan contract, its enforcement or interpretation.”

Battles in other states

While Minnesota regulators won’t say whether or not they are investigating Western Sky, other states have relocated to block the business. Continue reading