The tribal lending model seems to be failing, Bourke said, because on the one hand its not providing enough protection for consumers, and on the other hand courts are increasingly saying that it is not sufficient for lenders to only get a license in association with a Native American tribe. That means online lenders will be more likely to want to get licenses from every state where they operate, he noted, which would allow for tighter regulation of the industry.

There will still be a lot of bad loans made, Bourke said, but at least it will be much harder for fraud to happen. Hunter Stuart contributed additional reporting.

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