Quik Payday, Inc., that used the web for making short-term loans, appeals through the region court’s rejection of its challenge that is constitutional to 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 associated with the state’s workplace associated with State Bank Commission (OSBC), both in their official capabilities.
Quik Payday contends that using 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 when online commerce demands nationally consistent legislation. We disagree. The Kansas statute, as interpreted because of their state officials faced with its enforcement, will not manage extraterritorial conduct; this court’s precedent notifies us that the statute’s burden on interstate business will not surpass the power it confers; and Quik Payday’s national-uniformity argument, which will be simply a species of a burden-to-benefit argument, just isn’t persuasive into the context for the particular legislation of commercial task at problem in this instance. Continue reading QUIK PAYDAY INC v. People In The Us for Tax Reform; On The Web Lenders Alliance, Amici Curiae.