Quik Payday, Inc. v. Stork

HARTZ, Circuit Judge.

Quik Payday, Inc., which used the Internet in making short-term loans, appeals from the district court’s rejection of its constitutional challenge to the application of Kansas’s consumer-lending statute to those loans. Defendants were Judi M. Stork, Kansas’s acting bank commissioner, and Kevin C. Glendening, deputy commissioner of the state’s Office of the State Bank Commission (OSBC), both in their official capacities.

Quik Payday argues that applying the statute runs afoul of the dormant Commerce Clause by (1) regulating conduct that occurs wholly outside Kansas, (2) un…