This decision affirms the CFPB’s judgment against CashCall under 12 U.S.C. § 5536(a)(1)(B) which prohibits unfair, deceptive or abusive acts or practices in consumer finance. CashCall made loans to consumers at rates that were usurious under the laws of the states where they resided, attempting to circumvent those laws by a choice of Indian tribal law in its loan agreements. The opinion holds the choice of law clause was unenforceable as the tribe had no substantial relationship to the loans. Violation of state laws can be the basis for a finding of an unfair, deceptive, or abusive act in violation of the CFPA. CashCall’s conduct was reckless after 2013 when advised by its counsel that its program was almost certainly illegal. Though CashCall ceased making new illegal loans, it kept collecting old ones, thus warranting a tier two civil penalty for recklessness. CashCall’s CEO was likewise liable for such a penalty.