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P.O. Box 343
Lac Du Flambeau, WI 54538
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(855) 853-4392

http://www.makwafinance.com

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Total Amount in Dispute:
$12,780.00

Total Amount Settled:
$0.00

Complaint Experience

83%

Complaint Resolution Index (CRI)

BCA's Summary and Analysis:

Our complaint history for this company shows the company gave proper consideration to some complaints presented to them.

However, the company failed to respond to one complaint.

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Complaint Closing Statistics

6 complaints against Makwa, LLC closed in last 3 years.
Complaints Type of response
0 Making a full refund, as the consumer requested
0 Making a partial refund
2 Agreed to make an adjustment
0 Refusing to make an adjustment
3 Refuse to adjust, relying on terms of agreement
1 Unanswered

6 complaints against Makwa, LLC

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6/2/2024

RESPONSE: Refuse to adjust, relying on terms of agreement Amount in Dispute: $3,000.00 Amount Settled: $0.00

Customer Complaint

5/16/2024

I did not know they charged 400 interest. I borrowed $1200 and have already paid over $3000. Resolution Sought Loan forgiveness.

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Company Response

5/20/2024

5/20/2024 Dear Ms. Brister: This responds to your recent complaint related to a loan from Makwa, LLC dba Makwa Finance (the "Company"), which is owned by the Lac du Flambeau Band of Lake Superior Chippewa Indians ("Tribe"). The Company takes these types of inquiries very seriously and would like to provide you with the below information. Nothing in this communication should be construed as a waiver of the Tribe's or the Company's sovereign immunity, all of which are expressly preserved. The Company is a wholly-owned and operated subsidiary of LDF Holdings, LLC ("LDF Holdings"). LDF Holdings is a wholly-owned and operated subsidiary of the L.D.F. Business Development Corporation, which is a wholly-owned and operated economic arm and instrumentality of the Tribe. The Tribe is a federally recognized Indian tribe, organized under a Constitution pursuant to the Indian Reorganization Act of 1934, 48 Stat. 984, 25 U.S.C. §§ 476, et seq., as amended, and is identified on the United States Department of Interior's list of federally acknowledged Indian Tribes. 83 FR 34863-01 (July 23, 2018). The Company is an arm of the Tribe. As an arm of the Tribe, the Company possesses all of the privileges and immunities of the Tribe. The Tribe and the Company are entitled to tribal sovereign immunity and they are not subject to state law. Wells Fargo Bank, N.A. v. Lake of the Torches Econ. Dev. Corp., 677 F. Supp. 2d 1056, 1061 (W.D. Wis. 2010) (holding that entities acting as arms of a tribe are entitled to tribal sovereign immunity). The Company issues loans in accordance with the Tribe's Tribal Consumer Financial Services Regulatory Code and it is licensed under Tribal law. Your loan agreement provided that it would be governed by the laws of the Tribe, without regard to the laws of any state. The interest and fees applicable to the loan are permitted by Tribal law. They were accurately and clearly reflected in the loan agreement that you signed before receiving the loan. You also received a TILA disclosure that outlined the amount and date of each payment required under the loan agreement. Due to its immunity, the loan is not subject to state law and the Company is not required to be licensed with any state. Your loan is legal. As a courtesy to you, Ms. Brister, we will consider all payments made to date and close the account without any further obligation. If you, Ms. Brister, have any questions, contact Customer Service at 1-855-853-4392. The Company trusts that you will find this letter of explanation satisfactory. However, if you are not satisfied with the Company's resolution of this matter, pursuant to Section 10 of the Tribal Consumer Financial Services Regulatory Ordinance, which can be found at https://www.ldftribe.com/uploads/files/Court-Ordinances/CHAP94-Tribal-Consumer-Financial-Services-Reulatory-Ordinance.pdf, you may pursue formal dispute resolution with the Tribal Consumer Financial Services Regulatory Authority ("Authority"). To do so, you must send a written request to the Authority at P.O. Box 25, Lac du Flambeau, Wisconsin 54538. The request must contain the information required by Section 10 of the Tribal Consumer Financial Services Regulatory Ordinance. Kindest Regards, ____________________________ Racquel Bell Compliance Manager Makwa, LLC dba Makwa Finance

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9/11/2023

RESPONSE: Refuse to adjust, relying on terms of agreement Amount in Dispute: $3,928.32 Amount Settled: $0.00

Customer Complaint

8/22/2023

When I applied for a loan they said I was approved for 700.00. I said ok then I was set up with my first payment ok couple payments and it will be paid off. Well come to find out days later when I registered to go into my account with them I see that it said at the top loan amount is $3928.32. I thought that the _____is going on so I found there number and I called att least three to four times and got the run around. Finally I got a hold of someone that would listen to me. I got him to take me off auto pay and I told him I was not informed of other amount...so now I have to get a new checking account and close this account that I have had for decades...I am so PISSED...I have used other loan financial institutions and never been scam...This company should be shut down. Resolution Sought Well since Makwa finance did not tell me everything about the loan I want every part of this loan ripped up and thrown out my for them to take all my information they have and remove it from their system. Makwa is a scam and people need to know...Thank you

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Company Response

8/29/2023

8/29/2023 VIA ONLINE COMPLAINT PORTAL Business Consumer Alliance Re: Ma. Simonson To Whom It May Concern: This responds to the above-referenced complaint. This inquiry related to a loan from Makwa, LLC dba Makwa Finance (the "Company"), which is owned by the Lac du Flambeau Band of Lake Superior Chippewa Indians ("Tribe"). The Company takes these types of inquiries very seriously and would like to provide you with the below information. Nothing in this communication should be construed as a waiver of the Tribe's or the Company's sovereign immunity, all of which are expressly preserved. The Company is a wholly-owned and operated subsidiary of LDF Holdings, LLC ("LDF Holdings"). LDF Holdings is a wholly-owned and operated subsidiary of the L.D.F. Business Development Corporation, which is a wholly-owned and operated economic arm and instrumentality of the Tribe. The Tribe is a federally recognized Indian tribe, organized under a Constitution pursuant to the Indian Reorganization Act of 1934, 48 Stat. 984, 25 U.S.C. §§ 476, et seq., as amended, and is identified on the United States Department of Interior's list of federally acknowledged Indian Tribes. 83 FR 34863-01 (July 23, 2018). The Company is an arm of the Tribe. As an arm of the Tribe, the Company possesses all of the privileges and immunities of the Tribe. The Tribe and the Company are entitled to tribal sovereign immunity and they are not subject to state law. Wells Fargo Bank, N.A. v. Lake of the Torches Econ. Dev. Corp., 677 F. Supp. 2d 1056, 1061 (W.D. Wis. 2010) (holding that entities acting as arms of a tribe are entitled to tribal sovereign immunity). The Company issues loans in accordance with the Tribe's Tribal Consumer Financial Services Regulatory Code and it is licensed under Tribal law. The customer's loan agreement provided that it would be governed by the laws of the Tribe, without regard to the laws of any state. The interest and fees applicable to the loan are permitted by Tribal law. They were accurately and clearly reflected in the loan agreement that the customer signed before receiving the loan. The customer also received a TILA disclosure that outlined the amount and date of each payment required under the loan agreement. Due to its immunity, the loan is not subject to state law and the Company is not required to be licensed with any state. The customer's loan is legal. DocuSign Envelope ID: 1EB07DD1-509E-4163-99D8-25DD2AA8EE7A Makwa, LLC dba Makwa Finance Po Box 343 Lac du Flambeau, WI 54538 LDF Holdings Po Box 231 Lac du Flambeau, WI 54538 As a courtesy to Carrie Simonson, we will close the account upon repayment of the principal balance of $700.00. Please remit the outstanding principal balance of $700.00 by check or money order to: Makwa, LLC P.O. Box 343 Lac du Flambeau, WI 54538 Carrie Simonson can call the Company at 1-855-853-4392 if there are further questions or concerns. If you would like to discuss these issues further on a government-to-government basis, please direct any communications through the Company's legal counsel: Patrick McAndrews at Spencer Fane, LLP, 1000 Walnut, Suite 1400, Kansas City, MO 64106, 816-292-8376, [email protected]. But, again, please be advised that nothing in this communication should be construed as a waiver of the Tribe's or the Company's sovereign immunity, all of which are expressly preserved. The Company trusts that the complainant will find this letter of explanation satisfactory. However, if the complainant is not satisfied with the Company's resolution of this matter, pursuant to Section 10 of the Tribal Consumer Financial Services Regulatory Ordinance, which can be found at https://www.ldftribe.com/uploads/files/Court-Ordinances/CHAP94-Tribal-ConsumerFinancial-Services-Regulatory-Ordinance.pdf, he/she may pursue formal dispute resolution with the Tribal Consumer Financial Services Regulatory Authority ("Authority"). To do so, he/she must send a written request to the Authority at P.O. Box 25, Lac du Flambeau, Wisconsin 54538. The request must contain the information required by Section 10 of the Tribal Consumer Financial Services Regulatory Ordinance. Kindest Regards, ________________________________ Brittany Allen Director of Lending Makwa, LLC dba Makwa Finance

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