Usa Court of Appeals,Tenth Circuit.
QUIK PAYDAY, INC., Plaintiff Appellant, v. Judi M. STORK, in her formal ability as Acting Bank Commissioner; Kevin C. Glendening, in the formal ability as Deputy Commissioner regarding the workplace for the State Bank Commissioner, State of Kansas, Defendants Appellees. Us citizens for Tax Reform; On Line Lenders Alliance, Amici Curiae.
Quik Payday, Inc., that used the net in creating term that is short, appeals through the region court’s rejection of the constitutional challenge to your application of Kansas’s consumer lending statute to those loans. Defendants had been Judi M. Stork, Kansas’s acting bank commissioner, and Kevin C. Glendening, deputy commissioner regarding the state’s workplace regarding the State Bank Commission (OSBC), in both their formal capabilities.
Quik Payday contends that applying the statute operates afoul of this inactive Commerce Clause by (1) regulating conduct that develops wholly outside Kansas, (2) unduly burdening interstate business in accordance with the advantage it confers, and (3) imposing Kansas needs whenever Web commerce demands nationally uniform legislation. We disagree. The Kansas statute, as interpreted because of hawaii officials faced with its enforcement, will not manage conduct that is extraterritorial this court’s precedent notifies us that the statute’s burden on interstate business will not go beyond the power so it confers; and Quik Payday’s national uniformity argument, which can be simply a species of an encumbrance to profit argument, isn’t persuasive into the context regarding the particular regulation of commercial task at problem in this situation. We’ve jurisdiction under and affirm the district court.
From 1999 through very early 2006, appellant Quik Payday was at the business of earning modest, temporary unsecured loans, also known as pay day loans. Continue reading