Quik Payday, Inc., that used the net for making short-term loans, appeals through the region court’s rejection of the 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 of this state’s Office associated with 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 business relative to 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 hawaii officials faced with its enforcement, doesn’t control conduct that is extraterritorial this court’s precedent notifies us that the statute’s burden on interstate business will not surpass the advantage so it confers; and Quik Payday’s national-uniformity argument, that is only a species of a burden-to-benefit argument, is certainly not persuasive within the context associated with particular regulation of commercial task at problem in this situation. Continuar lendo QUIK PAYDAY INC v. Us Citizens for Tax Reform; On Line Lenders Alliance, Amici Curiae.