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The Miami tribe of Oklahoma claimed that it owned AMG, and Tucker was simply an employee. A Colorado judge ruled in 2012 that Tucker had at one point owned the business, but his transfer of ownership to the tribe in 2008 meant state authorities were unable to investigate the lenders for allegedly violating state laws.
This year, the Federal Trade Commission reached a record settlement with AMG and MNE Services, another tribal lending company, over allegations of deceptive loan practices. Without admitting wrongdoing, the companies paid 21 million and forgave 285 million in loans and fees owed by borrowers.
Pennsylvanias case differs from these previous challenges in that it attempts to sidestep the issue of tribal sovereignty, which is legally a federal matter (not to mention a cultural minefield).
Instead, by naming Think Finance and its related entities as defendants, Pennsylvania aims simply to prove that a conspiracy to evade the state's lending laws has taken place. Similarly, the Vermont case does not directly involve tribal sovereignty, but instead claims Plain Green has violated federal lending and consumer protection laws.
Even with state licensing and new federal regulation, there may still be room for online lenders to exploit borrowers, the Center For Responsible Lending's Harnick warns. But the outcome of these legal cases could put a significant dent in Think Finances ability to use Native American tribes as a regulatory shield -- what do you need to get a personal bank loan just in Pennsylvania and Vermont, but elsewhere as well.