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Customer Finance Enforcement Watch
Georgia AG Follows Familiar Pattern; Settles Suit Against California Payday Lender for Alleged Rent-A-Tribe Scheme
On February 9, the Attorney General’s workplace when it comes to State of Georgia (Georgia AG) announced so it reached money and entered in to a permission purchase having a California-based online lender concerning an alleged scheme that is“rent-a-tribe. The permission purchase, filed in Georgia state court, bars the lender from working in Georgia unless and until it complies because of the state’s usury, lending, and licensure regulations. The settlement also calls for the financial institution to deliver over $40 million in economic relief to Georgia borrowers.
The Georgia AG initiated the suit up against the loan provider in 2013, alleging violations of Georgia’s Payday Lending Act, O.C.G.A. В§ 16-17-1. The problem alleges the lending company utilized a shell business associated with an entity that is tribal avoid Georgia’s usury, payday lending, and licensure guidelines (tribal entities aren’t typically at the mercy of state usury legislation). The tribal entity allegedly immediately sold the loans to the California lender after originating the loans. The lending company additionally presumably funded all the loans, supplied customer care and advertising solutions, and paid the tribal entity’s fees that are administrative. The Georgia AG alleged the lending company had been the” that is“true “de facto” loan provider associated with loans, and utilized this “rent-a-tribe” scheme to originate unlawful and usurious loans under Georgia legislation.
The lender must pay $23.5 million in consumer restitution, forgive all outstanding loans, and provide an additional $17 million in loan relief to Georgia consumers under the terms of the consent order. The lending company additionally must spend $1 million in civil charges and $500,000 in enforcement expenses towards the state of Georgia. The Georgia AG noted that, up to now, the settlement may be the largest settlement that is monetary the lending company in the country. Enforcement Watch previously covered settlements and litigation resistant to the lender that is same the CFPB right right here and right right right here, in addition to comparable actions taken by state lawyer generals and enforcement agencies right right here, right right right here, and here.
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