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A class action lawsuit alleges that ClearAirLending.com and its associated entities have engaged in exploitative lending practices in Illinois, evading state regulations through a claimed association with tribal sovereign immunity.
The lawsuit, initiated by an Illinois citizen who received a loan with a high APR, accuses the companies of issuing high-interest loans without proper state licensing.
The claim suggests these actions constitute a felony under state law.
The suit further argues that the defendants' purported affiliation with a Native American tribe is a facade, with minimal actual tribal involvement or control over the business operations, challenging the claim of sovereign immunity protection.
The legal action
seeks to represent all Illinois residents affected by these loans.
This will prove to be the essence of the defense offered from the perspective of the defendant's lawyer - I'M NOT A LAWYER, BUT
I HAVE PARTICIPATED IN A FEW OF THESE CASES.
A proposed defense:
"In response to the class action lawsuit against Robinson
Economic Services and its affiliated entities, our defense centers on the principle of tribal sovereign immunity. This immunity, inherent to federally recognized Native American tribes, extends to entities that are arms of the tribe, conducting activities for the tribe's benefit.
Our client, closely affiliated with the Robinson Rancheria of Pomo Indians, operates under this principle.
The lawsuit alleges predatory lending practices and violations of state and federal laws, including usury laws and the Racketeer Influenced and Corrupt Organizations Act (RICO).
However, it is critical to emphasize that as an arm of a sovereign tribe, our client's operations are not subject to state regulation like other commercial entities. The crux of our argument is that the tribal entity, through its
lending practices, serves a critical role in furthering the economic and social welfare of the tribe, which is a fundamental aspect of tribal sovereignty.
Tribal sovereign immunity is a well-established
legal doctrine that has been upheld repeatedly in U.S. courts. It protects tribal entities from lawsuits and state law enforcement actions when acting as an extension of the tribe. This doctrine is not merely a legal shield but a recognition of the inherent rights of tribal self-governance and economic self-determination.
In our defense, we will present evidence demonstrating the entity's close integration with the tribe, its
contribution to economic development, and its operation consistent with its sovereign status.
We will also address the specific allegations of the lawsuit, demonstrating that the entity's practices are not only lawful under tribal law but also crucial for the tribe's economic sustainability.
In conclusion, we assert that the tribal entity's lending operations, protected under tribal sovereign immunity, are legitimate exercises of the tribe's inherent sovereign rights. The allegations, while serious, do not supersede the fundamental principle of tribal sovereignty that is central to our client's operations and
identity." [ Https://LeaningRockFinance.com ]
So, , what do you think?
Want to learn more about collaborating with a sovereign, Native American Indian tribe?