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OTOE-MISSOURIA TRIBE OF IND'S v. FINANCIAL SERV'S

No. 13-3769-CV.

769 F.3d 105 (2014)

The OTOE-MISSOURIA TRIBE OF INDIANS, a federally-recognized Indian Tribe, Great Plains Lending, LLC, a wholly-owned tribal limited liability company, American Web Loan, Inc., a wholly-owned tribal corporation, Otoe-Missouria Consumer Finance Services Regulatory Commission, a tribal regulatory agency, Lac Vieux Desert Band Of Lake Superior Chippewa Indians, a federally-recognized Indian Tribe, Red Rock Tribal Lending, LLC, a wholly-owned tribal limited liability company, Lac Vieux Desert Tribal Financial Services Regulatory Authority, a tribal regulatory agency, Plaintiffs-Appellants, v. NEW YORK STATE DEPARTMENT OF FINANCIAL SERVICES, Benjamin M. Lawsky, in his official capacity as Superintendent of the New York State Department of Financial Services, Defendants-Appellees.

United States Court of Appeals, Second Circuit.

Decided: October 1, 2014.

Attorney(s) appearing for the Case

David M. Bernick , Dechert LLP, New York, New York ( Michael S. Doluisio , Michael H. Park , Gordon Sung , Dechert LLP, Robert A. Rosette , Sarah Bazzazieh , Rosette, LLP, on the brief), for Plaintiffs-Appellants.

Steven C. Wu , Deputy Solicitor General ( Barbara D. Underwood , Solicitor General, Jason Harrow , Assistant Solicitor General, on the brief), for Eric T. Schneiderman, Attorney General of the State of New York, New York, New York, for Defendants-Appellees.

Before: SACK, LYNCH, and LOHIER, Circuit Judges.

GERARD E. LYNCH, Circuit Judge:

New York's usury laws prohibit unlicensed lenders from lending money at an interest rate above 16 percent per year, and criminalize loans with interest rates higher than 25 percent per year. N.Y. Gen. Oblig. Law § 5-501(1), N.Y. Banking Law § 14-a(1), N.Y. Penal Law §§ 190.40-42. The plaintiffs are two Native American tribes, tribal regulatory agencies, and companies owned by the tribes that provide short-term loans...

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