Everything You Need To Know About Tribal Loans

Tribal loans should be avoided due to high fees and interest rates, questionable business practices, and the fact that they are mostly not bound by state payday laws.
Written by Jason Tushinski
Reviewed by Jessica Barrett
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Tribal payday loans can look similar to traditional payday loans, but they should be avoided—this article will explain the difference between the two, examine potential benefits and dangers of tribal payday loans, explain the legalities of tribal payday loans, and answer common questions about them.
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What are tribal payday loans?

Tribal payday loans are similar to payday loans, providing short-term advances of small sums of money usually to people living paycheck to paycheck.
Tribal loan lenders usually operate online and claim to be based on Native reservations. Under the Constitution, Native land is sovereign territory, and businesses that operate on native territory—including tribal loan lenders—are subject only to tribal laws and federal payday laws. 
They are not subject to state payday laws, which tend to be much stronger than federal payday regulations. Many states have passed formidable laws to protect residents from predatory payday loans.
Tribal lenders (as well as traditional payday lenders) are known for preying on financially vulnerable people, and for the very high fees and exorbitant interest rates charged.
Key Takeaway: Tribal payday loan lenders, if based on Native reservations, claim to not be subject to state laws—which tend to enforce payday regulations more forcefully than federal authorities.

Potential benefits of tribal payday loans

Tribal payday loans are available to anyone, and they can be enticing if you’re desperate and short on cash.
Tribal lenders rarely check an applicant’s credit or income, and you can be unemployed, in debt, or in a financially precarious position and still qualify for a tribal payday loan.
Additionally, tribal lenders tend to offer more money than traditional payday loan lenders.

Potential dangers of tribal payday loans

Often, tribal payday lenders aren’t reputable—according to the Federal Trade Commission (FTC). False advertising and fraudulent billing practices are common in the industry.
Borrowers of tribal payday loans are often lied to about repayment schedules or how easy repayment will be. Perhaps unsurprisingly, tribal loan lenders are known to prey on those in financial straits, knowing they lack the time, money, or resources to carefully go over the rules and dangers of borrowing from a tribal lender. 
Tribal payday loan lenders are known for charging burdensome high fees, exorbitant interest rates, and putting borrowers in danger of the following:
  • Being late on payments
  • Losing loan collateral due to an inability to repay loans on time
  • Damaging their credit score 
  • Receiving an
    APR
    of more than 100% of a loan’s value
  • Having their bank account locked by the lender
  • Poverty
  • Bankruptcy
Key Takeaway: Borrowers face many dangers with tribal payday loans, including high fees, steep interest rates, damage to their credit score, and, ultimately, bankruptcy.

Are tribal payday loans illegal?

It’s complicated. Tribal payday loan lenders based on Native land aren’t subject to state financial laws, which often robustly regulate traditional payday loans. In contrast, tribal regulations and federal payday laws are weakly enforced.
Thirty-seven states have laws against traditional payday loans, but they don’t apply to tribal loan lenders based on Native land, and many tribal lenders argue they are outside the jurisdiction of those laws.
If you are considering a tribal loan, be sure to check with your state financial authorities for advice and guidance about what your protections are under the law.

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Tribal Loan FAQ

If a loan is not repaid, you can be taken to court by a tribal loan lender. If the court rules in the lender’s favor (or if their claim isn’t contested), a legal order or judgment may be filed against you—then, the lender can garnish your wages.
Wage garnishment is a process in which, following a court order, an employer will remove a certain portion of an employee’s earnings and send that money to a creditor (in this case, a tribal lender).
This all being said, tribal lenders have no legal authority to go after you—check with the FTC or Consumer Financial Protection Bureau (CFPB) for guidance and advice on this matter.
Yes, tribal loan lenders can sue you. If you default on your loan, they can take you to civil court (not criminal court).
That said, most tribal loan lenders usually do not take this approach—they’ll try and negotiate with you, and may even help you figure out a repayment plan.
While tribal payday loans are not guaranteed, they are easy to get. As mentioned, an applicant usually must meet minimum requirements to get a tribal loan.
Tribal loan lenders rarely check an applicant’s credit rating.
Technically you can get multiple tribal loans at once, but this is not recommended. 
Most tribal loan lenders issue one loan at a time to a borrower. If you want another tribal loan, you can go to another lender, but again, this is not advised. You don’t want to be owing multiple lenders money, especially without clear-cut legal remedies at your disposal in case things go awry.
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