Plain Green officers claim tribal immunity from lawsuits

HELENA (AP) — Three leaders of an online lending company owned by Montana's Chippewa Cree Tribe are claiming tribal immunity in asking a Vermont judge to dismiss a lawsuit that alleges they are predatory lenders who are breaking federal and state laws.

Plain Green CEO Joel Rosette and board members Ted Whitford and Tim McInerney said in their request filed Tuesday in U.S. District Court in Vermont that the judge should order the case to arbitration if he decides not to dismiss it outright.

Plain Green is one of a growing number of tribe-owned companies across the nation that makes short-term loans at high interest rates. Some states have capped interest rates or otherwise set limits on payday and installment lenders. But the tribes have used the sovereign immunity doctrine and binding arbitration agreements to avoid state laws and squelch court challenges.

Vermont residents Jessica Gingras and Angela Given are asking U.S. District Judge J. Garvan Murtha to certify a class-action lawsuit against the Plain Green officers.

The women claim the company charges excessive interest rates, sets repayment schedules to maximize interest, requires access to borrowers' bank accounts and doesn't investigate borrowers' ability to repay loans.