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A lawyer for Silver Cloud Financial, which gave Taylor the first loan, said that the transaction did not break any laws. The lawyer, Robert Rosette, told HuffPost that Taylors loan originated on tribal lands and not in Virginia, and therefore was not subject to Virginia state law.
In a statement to HuffPost, Silver Cloud said it was a legal, licensed and regulated entity that follows all federal laws. The lender operates under sovereign tribal law, it said, adding that Native American sovereignty predates the founding of the United States, is enshrined in the United States Constitution, and is further codified through federal statutes and hundreds of years of judicial precedent.
Some consumer attorneys have argued that even lenders based on tribal lands cannot flout state law. The legality of the issue still appears unsettled, with legal battles currently being waged over cash advance cpm bank application very question in several states.
Regulators in Connecticut on Tuesday fined the head of Oklahomas Otoe-Missouria tribe, John Shotton, and two payday loan companies the tribe owns a total of 1. 5 million cash advance cpm bank application making payday loans to Connecticut residents, according to Bloomberg News.
The Otoe-Missouria maintains it has a legal right to lend in states where payday lending is illegal because it follows federal and tribal laws.