General legislation covers Indian tribes unless they are expressly excluded, so the Dodd-Frank Act is interpreted to regulate for-profit consumer lending enterprises of Indian tribes. The Dodd-Frank Act grants the CFPB authority to regulate for-profit enterprises of Indian tribes that engage in consumer lending operations. Though the act defines “state” to include Indian tribes, it does not otherwise evince any Congressional intent to exclude tribes from the act’s scope. The general rule in the Ninth Circuit is that general legislation covers Indian tribes unless they are expressly excluded.
Ninth Circuit Court of Appeals (Rawlinson, J.); January 20, 2017; 2017 WL 242560