great plains
Date: Fri, 11/02/2012 - 16:07
order...below is their response...
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).[FONT=Arial][SIZE=2]
[COLOR=black]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€[URL="http://us.mc568.mail.yahoo.com/mc/welcome?.gx=1&.tm=1290904392&.rand=fb9cldvbbibja#_ftn1"][COLOR=blue][1][/COLOR][/URL] 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€[URL="http://us.mc568.mail.yahoo.com/mc/welcome?.gx=1&.tm=1290904392&.rand=fb9cldvbbibja#_ftn2"][COLOR=blue][2][/COLOR][/URL] Thus, any state attempt to exercise supervisory powers over FACR I as an arm of an Indian tribe impinges upon the tribal sovereignty of the Chippewa-Cree.[/COLOR][/SIZE][/FONT][SIZE=2]
However, FACR I takes all complaints along with customer service very seriously. As such, we have reviewed your inquiry and have noted your account regarding your revocation of ACH authorizations. Please note that the contract you entered into with FACR I is a fully enforceable contract under Federal Law. Having clarified the legality and validity of the agreement you signed and have entered into we urge you to contact our customer service department to resolve your current default status. Every effort will be made to work with you to rectify this situation The outstanding balance due and owing on your loan is $360. The payment of $126 made on the account was applied to interest as defined and agreed to in your loan agreement. Please note that your loan will continue to accrue interest as specified in your loan agreement. Please contact our office TOLL FREE at 888 769-3227 to make payment arrangements or in the alternative, mail payment to:
First American Capital Resources
93 Mack Road Suite 500
P.O. Box 126
Box Elder, MT 595221
If payment is not received, FACR I reserves all legal rights under the contract to pursue and preserve its interests in Federal Court [/SIZE]
Dear Great Plains I will only communicate with you in writing v
Dear Great Plains
I will only communicate with you in writing via email.
You wanna quote laws...here you go
The Fort Laramie Treaty, 15 Stat. 635, between the United States and the tribes of the Sioux Nation, ???created the ???Great Reservation??? for the Sioux and set off lands ???for the absolute and undisturbed use and occupation of the Indians.??? ??? Calhoon v. Sell, 71 F.Supp.2d 990, 999 (D.S.D.199:cool: (guoting 15 Stat. 635) .FN8 Under the treaty, States may not ???interfere with reservation self-government??? or tax on-reservation activities. Rice, 463 U . S. at 718. This gives tribes the power to regulate ???the activities of nonmembers who enter consensual relationships with the tribe or its members, through commercial dealing, contracts, leases, or other arrangements,??? but only when the ???non-Indians [are] on their reservations.??? Id. at 565.FN9
