United states of america Court of Appeals,Tenth Circuit.
QUIK PAYDAY in her own formal ability as Acting Bank Commissioner; Kevin C. Glendening, inside the official ability as Deputy Commissioner regarding the workplace regarding the State Bank Commissioner, State of Kansas, Defendants Appellees. Us citizens for Tax Reform; Online Lenders Alliance, Amici Curiae.
Quik Payday, Inc., that used the web in making term that is short, appeals through the region court’s rejection of the constitutional challenge towards the application of Kansas’s customer financing statute to those loans. Defendants were Judi M. Stork, Kansas’s acting bank commissioner, and Kevin C. Glendening, deputy commissioner associated with state’s workplace of this State Bank Commission (OSBC), both in their formal capabilities.
Quik Payday argues that using the statute operates afoul of this inactive Commerce Clause by (1) regulating conduct that develops wholly outside Kansas, (2) unduly burdening interstate commerce in accordance with the power it confers, and (3) imposing Kansas demands when online commerce demands nationally consistent legislation. We disagree. The Kansas statute, as interpreted because of 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 commerce will not go beyond the power it confers; and Quik Payday’s nationwide uniformity argument, which will be just a species of a weight to profit argument, just isn’t persuasive into the context of this certain legislation of commercial task at problem in this situation.