Consumer Online Loans Settlement: What You Need to Know About the Fitzgerald v. Wildcat Settlement

If you took out an online loan from Lendgreen, Loan at Last, Sky Trail Cash, or any of 20 related lenders between July 24, 2016, and October 1, 2023, you may already be entitled to automatic debt cancellation and a cash payment — with no claim form required. The official settlement website, www.consumerloansettlement.com, administers this historic class action known as Fitzgerald v. Wildcat, Case No. 3:20-cv-00044-NKM-JCH. The court granted final approval on December 17, 2024, making the Effective Date January 16, 2025. This is one of the largest consumer lending settlements in U.S. history, canceling approximately $1.4 billion in outstanding debt and distributing $37.35 million in cash payments to eligible borrowers.

What Is ConsumerLoanSettlement.com?

ConsumerLoanSettlement.com is the official settlement administration website for Lori Fitzgerald, et al. v. Joseph Wildcat, Sr., et al., a federal class action filed in the U.S. District Court for the Western District of Virginia. The site provides eligible borrowers with case documents, key dates, estimated award eligibility tools, and address update forms.

The lawsuit was filed in July 2020 by five borrowers who alleged that 20 online lending companies associated with the Lac de Flambeau Band of Lake Superior Chippewa Indians (the "Tribe") charged annual interest rates far exceeding what state law permits — in some cases exceeding 700% APR — and operated in states where they lacked required lending licenses. The defendants denied all wrongdoing but agreed to settle to avoid continued litigation.

Which Lenders Are Covered by the Settlement?

The settlement covers loans issued by the following 20 LDF Lending Companies between July 24, 2016, and October 1, 2023:

1. Lendgreen
2. LendUMo
3. Zfunds
4. Makwa Financial
5. Brightstar Cash
6. National Small Loan
7. Bear Claw Lending
8. Sky Trail Cash
9. Loan at Last
10. Nine Torches
11. Bridge Lending Solutions
12. Lakeshore Loans
13. UbiCash
14. Cash Aisle
15. MitigCapital
16. Avail Blue
17. Evergreen Services
18. Blue River Lending
19. Quick Help Loans (Greenline)
20. Radiant Cash

If you received a notice in the mail about this settlement, you are presumed to be a class member. You do not need to have kept your loan documents to be eligible — the settlement administrator already has your loan records.

What Does the Settlement Provide?

The settlement provides three categories of relief to eligible class members.

1. Debt Cancellation

Any covered loan with an outstanding balance will be cancelled automatically. The total debt forgiven across all class members is approximately $1.4 billion. Borrowers will not receive an IRS Form 1099 for cancelled debt, meaning this debt forgiveness is not treated as taxable income under the settlement terms. The tribal officials also agreed not to sell, transfer, or assign any covered loans to third parties.

2. Cash Payments

A $37,350,000 fund was established to provide proportional cash payments to eligible borrowers. The amount each class member receives depends on:

1. The principal paid on their loan;
2. The amount of interest paid above their state's legal limits; and
3. The total funds available after deducting attorneys' fees, administrative costs, and service awards to named plaintiffs.

Payments are calculated based on the laws of your state of residence at the time you took out the covered loan. Eligible borrowers do not need to submit a claim form — checks are mailed automatically by the Settlement Administrator to the address on file. You can update your address at consumerloansettlement.com/page/update-address.

3. Credit Report Deletion

Tribal officials agreed to request that all tradelines associated with covered loans be deleted from the major consumer reporting agencies. This means negative entries tied to these loans should be removed from your credit report, potentially improving your credit score.

Who Is Eligible — and Who Is Not?

You are automatically included as a class member if you obtained a loan from any of the 20 LDF Lending Companies between July 24, 2016, and October 1, 2023. However, not every class member qualifies for a cash payment. You will receive debt cancellation and credit deletion benefits but not a cash payment if any of the following apply:

1. You did not make any payments on your loan;
2. You lived in Arizona, Colorado, Connecticut, Idaho, Illinois, Indiana, Kansas, Kentucky, Massachusetts, Minnesota, Montana, New Hampshire, New Jersey, New Mexico, North Carolina, Ohio, South Dakota, Vermont, or Virginia, and did not pay more than the loan principal;
3. You lived in Alabama, Alaska, California, Delaware, Florida, Georgia, Hawaii, Iowa, Louisiana, Maine, Maryland, Michigan, Mississippi, Missouri, Nebraska, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Washington D.C., or Wyoming, and did not pay interest above your state's legal limits; or
4. You lived in Utah or Nevada, which have no statutory interest rate restrictions.

To check whether you are eligible for a cash payment based on your state's rate thresholds, use the eligibility estimator at consumerloansettlement.com/page/award.

The Legal Background: How Did This Settlement Happen?

The case centered on what consumer protection attorneys call "rent-a-tribe" lending — a scheme in which non-tribal payday lenders partner with federally recognized Native American tribes to claim tribal sovereign immunity and avoid state usury laws. Under such arrangements, the tribal entity is nominally the lender, but the non-tribal company handles all marketing, underwriting, collections, and operations.

Plaintiffs in Fitzgerald v. Wildcat alleged the LDF Lending Companies operated this way: non-tribal operators controlled daily lending functions under servicing agreements, while the tribal affiliation was used to justify interest rates that far exceeded state legal limits — in some instances, rates reportedly exceeded 700% APR. The lawsuit alleged violations of the Racketeer Influenced and Corrupt Organizations Act (RICO), state consumer protection statutes, and state usury laws.

The defendants vigorously denied these claims, asserting that tribal law governed the loans and that tribal sovereign immunity barred suits against tribal officials. Despite these defenses, the parties reached a settlement in 2024. The U.S. District Court for the Western District of Virginia granted final approval on December 17, 2024.

Separately, the U.S. Supreme Court addressed related issues involving the same tribe in a bankruptcy case: in Lac du Flambeau Band of Lake Superior Chippewa Indians v. Coughlin, 599 U.S. 382 (2023), the Court ruled 8-1 that tribal sovereign immunity does not shield tribal creditors from the automatic stay in bankruptcy proceedings under 11 U.S.C. § 362.

Key Dates and Settlement Timeline

Do You Still Need to Do Anything?

For most class members, no action is required. Benefits — including debt cancellation, cash payments, and credit report deletion requests — happen automatically. However, there are two things you should do immediately:

1. Update your mailing address. If you have moved since taking out your loan, the settlement administrator may not have your current address. Checks are mailed to the address on file. Update your address at consumerloansettlement.com/page/update-address.
2. Check your eligibility for a cash payment. Use the award estimator on the settlement website to determine whether you qualify for a payment and to get an estimate of the amount.

If you excluded yourself from the settlement by the October 29, 2024 deadline, you are not entitled to any benefits but retain the right to bring your own claims against the released parties. If you did not exclude yourself, the release is binding regardless of whether you received a check.

What If You Have Questions About the Settlement?

Contact the Settlement Administrator directly:

1. Website: www.consumerloansettlement.com
2. Phone: 800-348-2540
3. Mail: Fitzgerald Settlement c/o Settlement Administrator, P.O. Box 23698, Jacksonville, FL 32241

Class Counsel (Kelly Guzzo, PLC) can also be reached at 804-415-8848. Do not contact the court, the judge, or defense counsel with settlement questions — they are not permitted to respond.

How Does This Settlement Protect Consumers Going Forward?

Beyond the immediate relief, the settlement includes prospective protections. The tribal officials agreed not to sell, transfer, or assign covered loans to any third party — preventing borrowers from being pursued by debt collectors on loans that should be cancelled. They also agreed not to sell or transfer for commercial purposes any personal identifying information obtained from borrowers between July 24, 2016, and October 1, 2023.

Consumer advocates view this settlement as a significant precedent against "rent-a-tribe" lending schemes. At the federal level, the Consumer Financial Protection Bureau (CFPB) continues to supervise non-bank lenders and has taken enforcement actions against predatory online lending. Consumers who believe they have been harmed by similar practices — regardless of whether they qualify for this settlement — may have separate claims under the Fair Debt Collection Practices Act (FDCPA), 15 U.S.C. § 1692, the Truth in Lending Act (TILA), 15 U.S.C. § 1601, or applicable state usury laws.

If you believe you have been the victim of predatory online lending outside of this settlement, speaking with a consumer protection attorney can help you understand your rights. Use Get Matched on AttorneyReview.com to connect with a verified consumer protection attorney who handles predatory lending, debt collection violations, and credit reporting disputes.

Frequently Asked Questions About ConsumerLoanSettlement.com

What is consumerloansettlement.com?

ConsumerLoanSettlement.com is the official website for the Fitzgerald v. Wildcat class action settlement. It is administered by an independent Settlement Administrator and provides information, documents, and tools for class members. It is not a law firm or solicitation site — the notice distributed to borrowers was court-ordered.

Do I need to file a claim to receive benefits?

No. Benefits are distributed automatically to eligible class members. You do not need to submit a claim form. The only action you may need to take is updating your mailing address if you have moved.

How much money will I receive?

Cash payment amounts vary. They are calculated based on the principal you paid, the interest you paid above your state's legal limit, and the total funds available after deducting attorneys' fees and administrative costs. You can check your estimated award at consumerloansettlement.com/page/award.

Will my cancelled debt count as taxable income?

No. The settlement terms specify that class members will not receive a Form 1099-C for cancelled loan debt. You should not include this amount as income on your tax return. Consult a tax professional if you have questions about your specific situation.

What if I already paid off my loan in full?

If you paid off your loan, you may still qualify for a cash payment if you paid interest above your state's legal limits during the class period. Check the eligibility tool at consumerloansettlement.com to see if you qualify.

Will this affect my credit score?

The settlement requires tribal officials to request deletion of all loan tradelines from consumer reporting agencies. This means negative entries tied to covered loans — such as late payments or delinquencies — should be removed from your credit reports with Equifax, Experian, and TransUnion. Removing negative tradelines generally improves a consumer's credit score.

What happens if I excluded myself from the settlement?

If you submitted a valid Exclusion Request postmarked by October 29, 2024, you are not bound by the settlement and will not receive any benefits. You retain the right to pursue your own lawsuit against the released parties, though there is no guarantee such a suit would succeed or yield a better recovery.

What is the "rent-a-tribe" lending model?

The "rent-a-tribe" model is an arrangement in which a non-tribal payday lender partners with a federally recognized Native American tribe to claim tribal sovereign immunity and avoid state interest rate caps and licensing requirements. The tribe is nominally the lender, while the non-tribal partner controls all operational aspects of the business. Courts and regulators have increasingly scrutinized and challenged these arrangements.

Can I still file a new lawsuit over my LDF loan?

If you did not exclude yourself from the settlement by October 29, 2024, you are bound by the release and cannot file new claims against the released parties regarding your covered loans. If you believe you have claims against parties not covered by the release, consult a consumer protection attorney.

Where can I find the actual settlement documents?

All case documents, including the Settlement Agreement and final approval order, are available at consumerloansettlement.com/page/docs. The case is also publicly available on PACER at Case No. 3:20-cv-00044-NKM-JCH, U.S. District Court for the Western District of Virginia.

Who are the class attorneys in this case?

The Court appointed Kelly Guzzo, PLC as Class Counsel. The lead attorneys are Kristi C. Kelly, Andrew J. Guzzo, Casey Nash, and Matthew G. Rosendahl. Class counsel will not charge individual class members separately for their representation. Attorneys' fees are paid from the settlement fund, subject to court approval not to exceed one-third of the monetary consideration.

What if I think I was harmed by a similar lender not covered by this settlement?

Other predatory online lenders may have operated under similar "rent-a-tribe" models or other schemes to circumvent state law. If you believe you paid unlawfully high interest rates on any online loan, you may have claims under state usury laws, TILA, the FDCPA, or RICO. A consumer protection attorney can evaluate whether you have actionable claims. Use Get Matched on AttorneyReview.com to be connected with a qualified consumer protection attorney in your state.

This content is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Joy Coleman is licensed in Georgia and New Jersey and is not licensed to practice law in any other state. Readers should consult a qualified attorney licensed in their jurisdiction.