QUIK PAYDAY INC v. People In The Us for Tax Reform; On Line Lenders Alliance, Amici Curiae.

QUIK PAYDAY INC v. People In The Us for Tax Reform; On Line Lenders Alliance, Amici Curiae.

Quik Payday, Inc., that used the web for making short-term loans, 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 of this state’s workplace associated with the State Bank Commission (OSBC), both in their capacities that are official.

Quik Payday contends that using the statute operates afoul of this inactive Commerce Clause by (1) regulating conduct occurring wholly outside Kansas, (2) unduly burdening interstate business in accordance with the power it confers, and (3) imposing Kansas demands whenever online commerce demands regulation that is nationally uniform. We disagree. The Kansas statute, as interpreted by the state officials faced with its enforcement, will not control extraterritorial conduct; this court’s precedent notifies us that the statute’s burden on interstate business will not go beyond the power it confers; and Quik Payday’s national-uniformity argument, that is only a species of a burden-to-benefit argument, just isn’t persuasive when you look at the context associated with certain legislation of commercial task at problem in this situation. (más…)