Kansas payday lending operation agrees to $21M settlement

? Two payday lending companies with ties to race car driver Scott Tucker have agreed to pay $21 million and waive $285 million in unpaid fines and loans assessed to consumers in order to settle federal claims that they misled borrowers.

The Federal Trade Commission said in a news release Friday that the proposed settlement with AMG Services Inc. of Overland Park and MNE Services Inc. of Miami, Okla., includes the largest recovery in a payday lending case. Neither company admitted wrongdoing.

Bradley H. Weidenhammer, an attorney for AMG and MNE, didn’t immediately return a phone call from The Associated Press.

The FTC said the two companies are both part of the same lending operation, The Kansas City Star reported. The agency said AMG serviced cash advance payday loans offered by MNE on websites using the trade names Ameriloan, United Cash Loans, US Fast Cash, Advantage Cash Services, and Star Cash Processing.

But complaints poured in from borrowers facing unexpected fees and higher-than-advertised interest rates. Contracts, for instance, showed that borrowers were told a $300 loan would cost $390 to repay, but they were charged $975 to repay the loan, the FTC said.

The lenders claimed to be immune from legal action because of their affiliation with Native American tribes.

An FTC complaint filed in 2012 in federal district court in Nevada said Tucker was the main beneficiary and used $40 million collected from borrowers to sponsor his racing team. Tucker has not settled the FTC charges against him.

A federal magistrate judge ruled in 2013 that the lenders had to obey federal consumer protection statutes, even if they were affiliated with tribes. A U.S. District Court judge upheld that ruling last year.

Tucker’s attorneys have said the tribes’ business practices were “fully compliant with federal law” and they would contest the allegations, the Star reported.

AMG previously had reached a partial settlement with the FTC in 2013 over allegations that the company had illegally threatened borrowers with arrest and lawsuits. That settlement prohibited AMG from using such tactics to collect debts.