A similar version of this post was sent to NAFSA members on September 14th.
Last week, the Consumer Financial Protection Bureau (CFPB) entered into a consent order with lead generator Zero Parallel, which includes a provision specifically banning the consideration of tribal status/sovereignty in the application of state law. Zero Parallel was fined and prohibited from operating in 17 states – the same states the CFPB cited in its case against Upper Lake’s TLEs earlier this year. You can view the consent order here.
This is an unprecedented attack on tribal sovereignty and self-determination. The CFPB’s order ignores centuries of U.S. Supreme Court precedent that recognizes sovereign tribal nations’ exemption from the application of state law, including in off-reservation commercial activities.
Further, the rationale for the consent order goes against decades of federal Indian policy that promotes the self-determination of tribal economic opportunities, as well as many Executive and Congressional actions in support of these important goals.
The CFPB’s order is in direct conflict with NAFSA’s mission as an advocate of tribal sovereignty. In the coming days and weeks, our organization will do whatever possible to fight discriminatory practices against tribal government owned businesses. We look forward to working with members and allies as we protect our rights and protect our industry.
