Quik Payday v. Stork

United States Court of Appeals for the Tenth Circuit

549 F.3d 1302 (2008)

Relevant factsFree

Utah-licensed online lender Quik Payday (plaintiff), with no physical presence in Kansas, made loans over four years to nearly 1,000 borrowers who listed Kansas addresses; when Kansas regulators (defendants) ordered Quik Payday to stop operating without a Kansas license under the state's consumer-lending code, Quik Payday sued claiming the dormant Commerce Clause barred applying that code to an out-of-state internet lender, and the district court granted summary judgment for Kansas.

IssueFree

Whether a state may regulate an internet-based payday-lending company the same way it regulates companies physically located within the state.

Holding & reasoning

The court resolved the question by applying the controlling rule to the facts and explaining precisely why the outcome followed. Its reasoning ties the doctrine to the record so you can reproduce the analysis on an exam.

Procedural history, concurrence & dissent

This section traces the case from the trial court through appeal and lays out how each opinion lands. Separate writings sharpen the majority's limits and flag the arguments most likely to resurface in class.

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