United states of america Court of Appeals,Tenth Circuit.
QUIK PAYDAY, INC., Plaintiff Appellant, v. Judi M. STORK, in her capacity that is official as Bank Commissioner; Kevin C. Glendening, in the formal capability as Deputy Commissioner regarding the workplace associated with the State Bank Commissioner, State of Kansas, Defendants Appellees. Us citizens for Tax Reform; On The Web Lenders Alliance, Amici Curiae.
Quik Payday, Inc., that used the world-wide-web in creating short term installment loans, appeals through the region court’s rejection of its constitutional challenge towards the application of Kansas’s customer financing 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 regarding 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 commerce in accordance with the advantage it confers, and (3) imposing Kansas demands whenever online commerce demands regulation that is nationally uniform. ادامه مطلب …