Here is the motion in Heldt v. Payday Financial LLC (D. S.D.):
Western Sky Motion to Dismiss
If tribal jurisdiction applied to these loans, wouldn’t the tribal government find Western Sky loans in violation because of their own civil and criminal usury laws? It doesn’t make any sense. How could the CRST apply a different set of laws because the borrowers were off the reservation, but also on the reservation. It seems Western Sky would not bode well in any scenario. As far as an arbitration forum clause, Florida has already found this to be void since the contract claims that the CRST will be arbitration forum with consumer dispute rules that do not exist??? WESTERN SKY HAS BEEN AT ALL TIMES A SOUTH DAKOTA COMPANY AND NOT A TRIBAL ENTITY. Their loan agreements are a sham and were meant to confuse and intimidate borrowers. Just because they have something in writing doesn’t make it true. It is apparent since MANY states are disclaiming their tribal immunity. Furthermore, Mr. Webb is now laying off workers from the reservation. If his company was so legit then these workers would still be working. Indicating that they have been forced to layoff off workers because of government interference is a load of crap. He chose this……NOT THE TRIBE. Simply stated by Mr. Chasing Hawk……”the tribe has nothing to do with this business”. And in November 2012, the tribal chief also stated this same thing. Wake up, Mr Webb, your ship has sailed and sunk.
How is venue not proper in South Dakota…..They are licensed for-profit companies in the State of South Dakota??? Again, it has been said over and over again in the majority of cases against them that Mr. Webb as an enrolled member of the Tribe, acting on his own, profiting from HIS own business, is NOT GRANTED IMMUNITY just because HIS business is located on tribal lands or that he is a tribal member. As far as consumers “going to Western Sky” to get a loan, the real question is how did consumers know about their loans? Answer: AGGRESSIVE TV AND RADIO ADS in the various consumers home states. Many of these states have similar statutes regarding civil and/or criminal usury, payday lending laws or supervised loan laws and ALL of them clearly site SOLICITATION which is EXACTLY what Western Sky has done. They (consumers) did not go looking for them. I cannot tell you how many times that damn Western Sky commercial was shown in the course of day…one too many times. The Tribal court has NO jurisdiction regarding the lending activities of Western Sky and it would seem they (CRST) are, and have been, distancing themselves regarding this sham of a company. EVERY single loan has always been transacted outside the reservation, EVERY single loan generated by Western Sky has “conveniently” been assigned to Cash Call within 72 hours. EVERY single loan agreement stipulates the CRST as the arbitration forum regarding “consumer dispute rules” that DO NOT EXIST. AND their very own website states that they are not owned or operated by the Tribe. Isn’t that proof enough that Tribal jurisdiction would not apply??? Just because a company stipulates language in a contract does not mean it is true, factual, or legal. Western Sky has tried and failed to claim immunity numerous times. The US courts aren’t buying it. This will be a very interesting case to follow. Kudos to Mr. Inetiabor for blazing the trail regarding their arbitration language and the fact that is not valid. Kudos to the States for letting this business know they are not welcomed to lend their state. The fight is on, but Western Sky has been turned off!!!!
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