Quik Payday relocated for summary judgment, providing three arguments underneath the dormant Commerce Clause: (1) the statute can be an impermissible extraterritorial legislation; (2) the statute impermissibly burdens interstate commerce 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 same day, Defendants relocated for summary judgment on Quik Payday’s constitutional claims, including its contentions underneath the Due Process Clause that Kansas lacked the energy to modify it and that Kan. Stat. Ann. В§ 16a 1 201 is unconstitutionally overbroad and vague. (Quik Payday didn’t look for judgment that is summary these due procedure claims). The events stipulated into the known facts to be looked at because of 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 every one of Quik Payday’s three payday loans Harvey Commerce Clause challenges into the Kansas statute and its particular application to Quik Payday. It rejected the contention that Kansas ended up being wanting to manage conduct totally outside its boundaries since the Kansas statute is triggered as long as there was both solicitation in Kansas and that loan to 1 of its residents. Weiterlesen