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· 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 CourtListener

Sourced 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.