I sent the usual ach revoke, cease and desist and quoting of Ohio revised code regarding lending in my state to this company. Here was their response:
Your response is basically stating that tribal law should only apply on the reservation and state law should be applied to your contract. However, sovereign entities, tribes do not merely possess a defense to liability; they are immune from suit. This immunity applies without distinction to governmental and commercial activities conducted both on-and-off- the reservation and is shared with economic enterprises of the tribe. See, for example, Cash Advance and preferred Cash Loans v. State, 242 P.3d 1099, 1102 (Colo. 2010). This includes immunity to state investigative subpoena enforcement actions and judicial enforcement of state investigatory actions with respect to alleged violations of state law. Id. at 1102. It is clear as a matter of law that Green Trust Cash, operating as an economic arm of the Tribe, is immune from any enforcement actions brought by any office of the State of Ohio.
That being said Green Trust Cash is not required to maintain a State license. That being the case please contact customer service at 1-866-479-0784 within 10 business days to avoid any further activity on our part regarding your account, including being sent to our third party agency.
My prepared response:
Again, thank you for the information.
Unfortunately, your argument is moot on a few levels:
1. I am not stating that I am intending to sue you, but rather that your loan is illegal and unenforceable in my state. In essence, you are unable to enforce the contract under any circumstances without standing to bear for the fact that you do not have the licensure required by the State of Ohio revised code.
2. The case you mentioned originated in the state of Colorado, not Ohio. Similar actions have been filed against tribal lenders in the states of Kansas, Missouri, West Virginia, Illinois and others. In many of these cases, the tribal lender was deemed to be unenforceable. In addition, the CFPB (Consumer Financial Protection Bureau) has recently won a case against tribal lender Western Sky, deeming it illegal for them to collect on any of their loans at a federal level.
Any forwarding of my loan to a third party would then force a request for validation of debt. This would hold to be impossible, as debt on an illegal loan cannot be validated.
This will be my final communication. I merely request verification that my ACH revocation will hold indefinitely, and that my cease and desist for communication will hold for any and all companies associated and affiliated with you.
Should I bother with this response, or just let them bake and do nothing.
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