United States Court of Appeals for the Tenth Circuit
549 F.3d 1302 (2008)
Quik Payday, Inc. (Quik) (plaintiff) was a company that provided borrowers with short-term loans. Quik was licensed in Utah and had no physical presence in Kansas. However, Quik did maintain a website that was accessible to borrowers from any state. Borrowers were able to apply for loans via Quik’s website. If Quik approved a borrower’s application, Quik would transfer the loan amount directly to the borrower’s bank account. Over a period of four years, Quik made loans to nearly 1,000 borrowers who provided a Kansas address on their applications. The Kansas Uniform Commercial Code (KUCC) regulated all consumer lending within Kansas and required lenders to be licensed by the Office of the State Bank Commission (OSBC). Quik was not licensed in Kansas, because it was not located within the state. The OSBC received a complaint about Quik’s loan transactions and ordered Quik to stop its operations in Kansas. Quik filed a lawsuit against various Kansas officials (defendants), seeking a declaratory judgment that applying the KUCC to Quik violated the Commerce Clause and was therefore unconstitutional. Both parties moved for summary judgment. The district court granted summary judgment for the defendants, and Quik appealed.
Rule of Law
Holding and Reasoning (Hartz, J.)
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