Williams v. Big Picture Loans, LLC

Five Virginians obtain loans from tribal lender, which charges interest that is allegedly 50 times higher than the 12% allowed by state law. District court: Revenue from and control of the tribe’s operation is too much in the hands of a nontribe member’s company. The borrowers’ suit can proceed. Fourth Circuit: Reversed. The tribe’s role in the business is substantial and thus tribal sovereign immunity is warranted. It’s for Congress—not the courts—to provide a remedy if it thinks the tribe’s commercial activities are harmful. (Briefs here. Via Turtle Talk blog.)

Tags: 2019, Fourth Circuit, Sovereign Immunity, Tribal Law

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