· 12/12/2008
Quik Payday, Inc. v. Stork
Citations
- 549 F.3d 1302
- 2008 U.S. App. LEXIS 25753
- 2008 WL 5192219
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that payday loans extended to Kansas borrowers from Utah were not wholly extraterritorial and therefore Kansas regulation thereof was not prohibited under the Dormant Commerce Clause
- holding that a loan transaction is not “wholly extraterritorial” and thus not problematic under the dormant Commerce Clause where the “transfer of loan funds to the borrower would naturally be to a bank in [the consumer’s state]”
- noting that a Kansas statute applied only to loans involving borrowers who were physically present in Kansas
- finding that Kansas could regulate Utah lender’s loans to Kansas residents despite lender’s lack of physical presence in Kansas, because lending to Kansas residents constituted in-state activity
- upholding the application of a Kansas consumer-lending law to loans from an out-of-state nonbank lender to Kansas residents
- stating that even if a Kansas resident applied for a loan on a computer outside of Kansas, other aspects of the transaction would very likely occur in Kansas, “notably, the transfer of loan funds to the borrower would naturally be to a bank in Kansas”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, Holloway, Anderson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.