More and more tort litigation will involve suits against entities that operate outside the United States and through the Internet. Accordingly, I noted with interest an April 6, 2009 National Law Journal article by Pamela MacLean regarding payday lenders proving difficult to pursue in unfair and deceptive trade practice cases filed by state attorneys’ general. Why are they hard to pursue? According to the article, many of them have moved to internet presences and have moved off shore. Some also are said to be claiming immunity from suits as purportedly controlled by Indian tribes. The article provides an interesting review of case law in the area and a basic description of some of the efforts of state attorneys general to prosecute the payday lenders. No doubt similar issues will arise in the future as there are additional suits against sovereigns, and as tort litigation becomes more global.
On the subject of payday lenders, note further that federal legislation was introduced to facilitate law suits byattorney’s general, as described here on Pointoflaw.