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Pennsylvania argues that Think Finances arrangements with the Cree, the Otoe-Missouria and Tunica-Biloxi amount to a conspiracy to evade state law. The states complaint alleges that Think Finance, as an alternative to making the loans in their own name, structured, participated in, and operated this scheme in which they act as providers of contracted services to the bank and the tribes, deliberately misrepresenting who was providing the loans.
That, the state argues, means Think Finance has violated Pennsylvania's racketeering laws. Think Finance says in its motion responding to Pennsylvanias allegations that it provides services to the best payday loans online same day, and the tribal lenders make short-term online loans from their reservations.
Think Finance is not alleged to itself underwrite, fund, or originate any loans to Pennsylvania borrowers. The agreements that borrowers signed with each of the tribes reflect this reality. The loan agreements are subject to tribal law, and tribal law only. In a separate motion, Rees says loan documents signed by Pennsylvania consumers provide that the transactions are subject to tribal law.