tribal lender response to BBB
Date: Thu, 07/05/2012 - 14:52
Here's what First American Capital REsources replied after my complaint to the BBB:
"I am writing on behalf of FACR ONE, LLC (FACR I), in response to your email dated June 26, 2012 regarding the above referenced complaint.
By way of background, FACR I is a limited liability company organized under the laws of the Chippewa-Cree Tribe of the Rocky Boy’s Indian Reservation of Montana (“Chippewa-Creeâ€), a recognized Indian Tribe and sovereign nation. FACR I is owned and operated by the Chippewa-Cree, and operates exclusively on land owned by the Chippewa-Cree. As such, FACR I is an “arm of the tribe,†and entitled to the same immunity from state laws as is the Chippewa-Cree. See Cash Advance and Preferred Cash Loans v. Colorado ex rel. Suthers, 242 P.3d 1099 (Colo. 2010).
Therefore, the activities of FACR I are not subject to licensing by any state and are immune from any state investigation or enforcement actions. The Colorado Supreme Court made clear in the Cash Advance case by holding that “tribal sovereign immunity applies to state investigatory enforcement actions[,]â€[1] with the Court further “[r]ecognizing that Congress has not imposed any limitation on the application of tribal sovereign immunity to entities acting as arms of a tribe, all the federal courts of appeals that have addressed this issue have held that such entities are entitled to immunity.â€[2] Thus, any attempt by a State to exercise its supervisory powers over FACR I as an arm of an Indian tribe impinges upon the tribal sovereignty of the Chippewa-Cree.
FACR I is not subject to the licensing of the State of California and thus does not possess a license in the state. The contract entered into between FACR I and you is a fully enforceable contract under Federal Law. To date the loan taken out by you has an outstanding principal balance of $500. Please contact us immediately to reach an amicable solution and payment arrangements. If you fail to contact us to resolve this issue FACR I will exercise any and all available remedies to protect and enforce its contract rights."
Any advice, please?!!
Thanks in advance!
respond this way
wow a long bunch of hooey that is.for one there is no federal law in regards to pdl's.second while you have immunity it doesn'r extend beyond your tribal ground.so unless you kidnap me and force me onto tribal ground i will file AG,AND FTC complaints against you.bottomline.my state law prevails making you illegal.
resond to the lender that way.do not waste anymore effort with the BBB.
I did file with the State & Fed
BBB seems useless in this case...
the tribal lender also sent me a certified mail
for now, I am standing on my ground to repay the $200 only, we'll see what's their next move.
thanks again!
keep me posted!
let's exchange: I'm standing on my ground also! I'll let you know if anything else happens :-) Good luck!
Seems convenient that they mention the Colorado case, but not th
Seems convenient that they mention the Colorado case, but not the Pennsylvania Supreme Court case, which Cash Advance lost.