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Big Image Loans Lands Big Profit for Tribal Lenders in Sovereign Immunity Case

Big Image Loans Lands Big Profit for Tribal Lenders in Sovereign Immunity Case

An online lender owned and operated by the Lac Vieux Desert Band of Lake Superior Chippewa Indians, a federally recognized Indian tribe (“Tribe”), and Ascension Technologies, LLC, the Tribe’s management and consultant company successfully established that they are each arms of the Tribe and cloaked with all of the privileges and immunities of the Tribe, including sovereign immunity in a recent decision by the Fourth Circuit, Big Picture Loans, LLC. As history, Big Picture Loans and Ascension are two entities formed under Tribal legislation because of the Tribe and both are wholly operated and owned by the Tribe. Big Picture Loans provides consumer financial services products online and Ascension provides marketing and technology solutions solely to Big image Loans.

Plaintiffs, customers who’d applied for loans from Big image Loans, brought a class that is putative within the Eastern District of Virginia, arguing that state legislation along with other various claims placed on Big Picture Loans and Ascension. Big Picture Loans and Ascension relocated to dismiss the way it is for lack of material jurisdiction from the foundation that they’re eligible for sovereign resistance as arms of this Tribe. Following jurisdictional development, the U.S.