The analysis summarized above implies that the CFPB has examination authority also over loan providers totally incorporated with a tribe.

Offered the CFPB’s established intention to fairly share information from exams with state regulators, this scenario may provide a chilling possibility for TLEs. Both CFPB and state regulators have alternative means of looking behind the tribal veil, including by conducting discovery of banks, lead generators and other service providers employed by TLEs to complicate planning further for the TLEs’ non-tribal …