Tenth Circuit Restores TCPA Claim against Tribal Home Loan Company

Tenth Circuit Restores TCPA Claim against Tribal Home Loan Company

As being a telecom lawyer that includes caused lots of indigenous American tribes to advertise financial development on their reservations, we can’t assist but believe it is interesting whenever dilemmas of telecommunications legislation and law converge that is tribal . A decision circulated this week because of the 10 th Circuit caught my attention for that extremely reason.

Great Plains Lending, a payday home loan company owned by the Otoe-Missouria Tribe of Indians, ended up being sued for TCPA violations after presumably making two to three autodialed phone phone calls a day (to a mobile number) after the borrower’s revocation of permission to get such telephone phone calls. The region court dismissed the full situation, keeping that the litigation ended up being banned because of the tribe’s sovereign immunity.

On Appeal

The 10 th Circuit Court of Appeals reversed and remanded the outcome, concluding that the test court erred in doubting the plaintiff the chance to conduct limited discovery regarding perhaps the tribe’s sovereign immunity should extend into the lender that is payday. The plaintiff alleged that Great Plains Lending ended up being underneath the effective control of Think Finance, an entity that is non-tribal and, as a result, really should not be cloaked into the tribe’s resistance.

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