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STATE EX REL. COOPER v. NCCS LOANS, INC.

No. COA04-1660.

624 S.E.2d 371 (2005)

STATE of North Carolina ex rel. Roy COOPER, Attorney General, and Joseph A. Smith, Jr., Commissioner of Banks, Plaintiff, v. NCCS LOANS, INC.; JAGJRTX, LLC; JAG NC, LLC d/b/a "Advance Internet" and "Advance Til Payday;" and John A. Gill, Defendants.

Court of Appeals of North Carolina.

December 6, 2005.

Attorney(s) appearing for the Case

Attorney General Roy Cooper, by Special Deputy Attorney General L. McNeil Chestnut, Assistant Attorney General Philip A. Lehman, and Assistant Attorney General M. Lynne Weaver, for the State.

Ellis and Winters LLP, by Matthew W. Sawchak, Thomas D. Blue, Jr., and George F. Sanderson, III, Raleigh, for defendants-appellants.

LEVINSON, Judge.

Defendants (NCCS Loans, Inc.; JAGJRTX, LLC; JAG N.C., LLC, d/b/a "Advance Internet" and "Advance Til Payday"; and John Gill), appeal from summary judgment entered in favor of plaintiff (State of North Carolina). We affirm.

"The question before us, which appears to be one of first impression, requires us to determine whether a company's policy of extending to its customers an immediate cash `rebate...

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