Quik Payday relocated for summary judgment, offering three arguments underneath the inactive Commerce Clause
Quik Payday relocated for summary judgment, providing three arguments underneath the inactive Commerce Clause: (1) the statute is definitely an impermissible regulation that is extraterritorial (2) the statute impermissibly burdens interstate business beneath the balancing test of Pike v. Bruce Church, Inc., 397 U.S. 137, 90 S.Ct. 844, 25 L.Ed.2d 174 (1970); and (3) the statute subjects Web lending to state that is inconsistent. From the exact same time, Defendants relocated for summary judgment on Quik Payday’s constitutional claims, including its contentions beneath the Due Process Clause that Kansas lacked the power to modify it and that Kan. Stat. Ann. В§ 16a 1 201 is unconstitutionally obscure and overbroad. (Quik Payday didn’t seek judgment that is summary these due procedure claims). The parties stipulated towards the known facts to be looked at by the region court in determining their motions.
The region court denied Quik Payday’s movement for summary judgment and granted Defendants’ cross motion. It rejected all of Quik Payday’s three Commerce Clause challenges towards the Kansas statute and its own application to Quik Payday. It rejected the contention that Kansas had been trying to manage conduct completely outside its boundaries as the Kansas statute is triggered as long as there clearly was both solicitation in Kansas and that loan to at least one of their residents. Quik Payday, 509 F.Supp.2d at 981. in regards to Pike balancing, the court cited our choice in Aldens, Inc. v. Ryan, 571 F.2d 1159 (10th Cir.1978), when it comes to idea that вЂњa state’s regulation associated with the price and terms on which its residents borrow funds from an away from state creditor just isn’t outweighed by the burdens on interstate commerce.вЂќ Quik Payday, 509 F.Supp.2d at 979.