Glossary · Tribal lending

Rate exportation

The argument that a lender can charge its home jurisdiction’s rate to borrowers everywhere.

What "rate exportation" means

Rate exportation is the idea that a lender based in one jurisdiction can "export" that jurisdiction's interest rate to borrowers nationwide, overriding the borrower's home-state cap. Banks have long done this under federal law; tribal lenders make an analogous claim based on tribal law and sovereignty.

The claim is exactly what state enforcement actions contest. Many states hold that a loan made to their resident is governed by their cap regardless of where the lender says it sits — which is why the same tribal loan can be legal in one state and void in another.