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Native American Tribes--lawless?

Date: Thu, 07/23/2009 - 08:46

Submitted by dr_monica2k
on Thu, 07/23/2009 - 08:46

Posts: 10 Credits: [Donate]

Total Replies: 28


Hi guys, thanks to this forum I have been very successful in ending my journey through payday hell! I'm pleased to say that less than a week after sending out my C & D letters via email, I have rec'd two PIF letters!! One from Avantis Financial, and the other from Impact Cash USA. (You can read my stories in the success stories thread).

Anyway, I'm curious about the companies owned by Native American tribes. I've heard that they do not have to abide by any state laws or regulations. I live in Florida...so, would they have a case in court against me? Are they worth the hassle, should I just pay? At first I thought they were lawless, but now I'm confused...I just got a PIF from High Country Ventures, LLC dba Impact Cash USA which is a Native American company. I'm thinking that if they were not bound by any laws, then they would have fought me tooth and nail for the money they "think" that I owed them, instead of issuing a PIF letter.

What's up with them?


High Country Ventures, LLC dba Impact Cash USA. They are under investigation by the BBB and by the F.B.I.



On July 10, 2009 the BBB confirmed with the FBI that complaints are accepted and concerns addressed through the government web site, www.ic3.gov for internet business transactions. This includes companies operating from Native American tribal land.


lrhall41

Submitted by fatcat on Thu, 07/23/2009 - 08:56

( Posts: 171 | Credits: )


i have been curious about them lately, too as many other posts mention this.
i do not fully understand, and i seem to keep asking the same question over and over again. can they legally lend to residents of states that prohibited them? can they be licensed? how does it affect the borrowers? are there laws they can break, such as not giving contracts, harrassment?


lrhall41

Submitted by bea2ls on Thu, 07/23/2009 - 08:58

( Posts: 3840 | Credits: )


thanks, this is star cash processing.. i think they might be one of the tribal companies but this was not confirmed 100%. but loans are prohibited in my state.
my bank automatically reversed this loan so i know i am not responsible for anything but i am trying to find out as much as i can and have no idea what they can legally do to anyone.


lrhall41

Submitted by bea2ls on Thu, 07/23/2009 - 09:55

( Posts: 3840 | Credits: )


I would like to make a statement about tribal laws and payday lenders. In my opinion, just using logic and common sense tells me even though they are exempt from non-tribal laws, in order to prosecute an individual who acquired a payday loan from them via the Internet, they would need to step into one of "our" courts which would then trump thier tribal law, and vice versa. I'm not sure if I read that somewhere or I am making an attempt to be logical, but anyways, that's my two cents worth. It's something worth looking into and is exactly what I intend on doing. Bye. :)


lrhall41

Submitted by Shazzers on Thu, 07/23/2009 - 10:04

( Posts: 17344 | Credits: )


Star Cash is Illegal. They are MTE/MNE affiliates. Either one is Illegal in just about every state besides their tribal immunity grounds homestate. If you reversed the loan then you have nothing to worry about. Just keep hard copies of the bank transaction and coressponding email communication with these idiots! :lol:

You will be fine :wink:


lrhall41

Submitted by Cool_Abyss on Thu, 07/23/2009 - 10:04

( Posts: 2936 | Credits: )


bea2ls,

If Cool Abyss is correct and Star Cash Processing is MTE/MNE affiliates this may be of some help to you:

500 FashCash, Cash Advance Network, Instant Cash USA, MTE Financial

Business Contact and Profile
Name: 500 FastCash
Phone: (888) 919-6669
Fax: (800) 416-1619
Address: 515 G St. SE
Miami, OK 74354

Website: 500fastcash.com

Employees: 10
File Open Date: May 2007
TOB Classification: Loans
BBB Accreditation: This company is not a BBB Accredited business.

500 FastCash is located at the same address as MTE Financial Services, Cash Advance Network, & Instant Cash USA. A subsequent BBB investigation determined that this address is the address for a Gambling establishment and Smoke Shop operated by the Modoc Indian Tribe. During its investigation of these companies, BBB employees visited the locations as well as sent a certified letter to the Chief of the Tribe asking for further information regarding these companies. Employees of the smoke shop and/or gambling establishment informed a BBB employee that they were unaware of any details regarding these companies. BBB has not received a response from the Chief concerning this matter. At the present time, BBB does not know if these companies are operated by the Tribe, by employees or other people using the Tribe's addresses, or is a joint venture between the Tribe and a for-profit company.

The complaints against this company and others located at the same address generally allege the inability to pay off the requested loan, charges to the consumer's checking or credit card account despite never receiving the requested loan, or continued unauthorized charges to the consumer's credit card or checking account once the loan has been paid off.

BBB has determined that this company is not licensed in the state of Oklahoma to provide loans to consumers and does not appeare to be licensed in any of the states from which consumers have filed complaints with BBB. However, if those Tribe actually operates this business, it may not be subject to state laws regulating this industry.

BBB encourages all consumers seeking loans of any kind to research all of their options before providing any private financial information or signing any loan papers. Consumers should check with the BBB on the company's grade, their complaint volume, and whether or not the company is licensed or regulated to provide the type of loan services the customer is seeking.


lrhall41

Submitted by fatcat on Thu, 07/23/2009 - 11:50

( Posts: 171 | Credits: )


BBB has determined that this company is not licensed in the state of Oklahoma to provide loans to consumers and does not appeare to be licensed in any of the states from which consumers have filed complaints with BBB.

ok here is my thoughts....Why would the BBB be checking on the licensing if they did not need to be licensed due to being a Native American Tribe. Surely the BBB would know if they needed to be licensed or not. By them (BBB) checking I would say YES they do need to be licensed.


lrhall41

Submitted by fatcat on Thu, 07/23/2009 - 12:10

( Posts: 171 | Credits: )


Just because some of these lenders are under the jurisdiction of tribal law doesn't mean these loans are legal to the residents of whatever state they are lending money. We (as in non-tribal people) aren't bound by the tribal laws nor can we be tried by tribal laws for a debt. I am pretty sure what I am saying is correct, I have been researching and so far have not found anything that states a tribal laws prevails over a residents state law.


lrhall41

Submitted by Shazzers on Thu, 07/23/2009 - 12:11

( Posts: 17344 | Credits: )


thanks, i think i remember which one you are referring to cool abyss, is it the one that ended up being locked?
http://www.debtconsolidationcare.com/paydayloan/mtefinancial-company.html

i did a search and read over the whole thread but was a little confused because some posters hinted that they might be able to over-ride state laws. also i was not sure if anything new happened between now and than.


lrhall41

Submitted by bea2ls on Thu, 07/23/2009 - 12:45

( Posts: 3840 | Credits: )


That IS a bit confusing. However - as far as overriding State laws; for instance, I live in MD. If MD says PDLs are required to have a license in Maryland and the PDL doesn't have such a license, how would they be able to override MY States' laws? I guess what I'm thinking is, if they could override a States' law on PDL's, what's to stop unscrupulous people from "renting a tribe" (as described in the other thread) and breaking all KINDS of laws? Somehow I personally can't see where it would ever come to the point where they could override laws which have been implemented outside of tribal lands.


lrhall41

Submitted by on Fri, 07/24/2009 - 04:40

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Pachacutec - that is what i was thinking!! I did not see the logic that they could over-ride state laws.. would that mean they could get away with breaking other laws?
However I did see it mentioned so was confused.. I know, for example, my state prohibits all payday loans, so I do not see how someone could give us one, period.


lrhall41

Submitted by bea2ls on Fri, 07/24/2009 - 06:03

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These people will tell you that YOUR State doesn't know what they're talking about, at least that's the line UCL has given me. Needless to say, my contact at the State Financial Regulatory agency finds that very funny! And even though PDL's are illegal here, for a while UCL had a "customer testimonial" from someone in my State prominently displayed on their website; to me, that's very misleading, implying that they ARE in fact legal here when they're not.


lrhall41

Submitted by on Fri, 07/24/2009 - 06:15

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