Quimbee logo
DMCA.com Protection Status
From our private database of 17,300+ case briefs...

Quik Payday v. Stork

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.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 457,000 law students since 2011. Some law schools—such as Yale, Vanderbilt, Berkeley, and the University of Illinois—even subscribe directly to Quimbee for all their law students. Read our student testimonials.

  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students. Read more about Quimbee.

Here's why 457,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 17,300 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Questions & Answers

Have a question about this case?

Sign up for a free 7-day trial and ask it

Sign up for a FREE 7-day trial