Off-reservation lending
Where an online tribal loan is legally "made" — a key question for whether state law reaches it.
What "off-reservation lending" means
Tribal sovereign immunity is strongest for conduct on the reservation. Online lending to non-members across the country raises the question of whether the loan is really made on tribal land or off it — in the borrower's state, where that state's law applies.
Several courts (and the California Supreme Court in People v. Miami Nation Enterprises) have held that off-reservation commercial conduct aimed at a state's residents is not automatically shielded. It is one of the main cracks in the immunity defense.