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QUIK PAYDAY INC v. Us Citizens for Tax Reform; On Line Lenders Alliance, Amici Curiae.

QUIK PAYDAY INC v. Us Citizens for Tax Reform; On Line Lenders Alliance, Amici Curiae.

C. Pike Balancing

Circumstances legislation that will not discriminate against interstate business may nevertheless be invalidated underneath the dormant Commerce Clause if it places a weight on interstate commerce that is “clearly exorbitant in terms of the putative regional advantages.” Pike, 397 U.S. at 142, 90 S.Ct. 844. Although proof regarding a specific business may be suggestive, the benefit-to-burden calculation is dependant on the general advantages and burdens that the statutory provision may create, perhaps not on the huge benefits and burdens pertaining to a certain company or deal. “[T]he [Commerce] Clause protects the interstate market, maybe not specific interstate businesses, from prohibitive or burdensome laws.” Exxon Corp. v. Governor of Md., 437 U.S. 117, 127-28, 98 S.Ct. 2207, 57 L.Ed.2d 91 (1978); see Pharm. Analysis & Mfrs. of Am. v. Concannon, 249 F.3d 66, 84 (first Cir.).

We applied Pike balancing in Aldens, which stressed Oklahoma’s legislation associated with the interest levels charged to Oklahoma residents on interstate credit product product sales by the catalog retailer that is illinois-based. The merchant had no real existence in Oklahoma; all its marketing when you look at the state ended up being carried out by direct mail. 571 F.2d at 1161. Its credit agreements with clients, which moreover it delivered just by mail, recited that they certainly were Illinois agreements and therefore all purchases had been considered received in Illinois.