KUCAN v. ADVANCE AMERICA

Nos. COA06-447, COA06-505, COA06-506.

660 S.E.2d 98 (2008)

John R. KUCAN, Jr., and Terry Coates, Plaintiffs v. ADVANCE AMERICA, Cash Advance Centers of North Carolina, Inc.; Advance America, Cash Advance Centers, Inc.; and William M. Webster, IV, Defendants. Lisa Hager and Ira Nebraska Hall, on behalf of themselves and all other persons similarly situated, Plaintiffs v. Check Into Cash of North Carolina, Inc., Check Into Cash, Inc., Jones Management Services, LLC, W. Allan Jones, and Stephen M. Scoggins, Defendants. Adriana McQuillan and Sandra K. Matthis, on behalf of themselves and all other persons similarly situated, Plaintiffs v. Check `N Go of North Carolina, Inc.; CNG Financial Corporation; Jared A. Davis and A. David Davis, Defendants.

Court of Appeals of North Carolina.

May 6, 2008.


Attorney(s) appearing for the Case

Hartzell & Whiteman, L.L.P, by J. Jerome Hartzell; North Carolina Justice Center, by Carlene McNulty, Raleigh; Trial Lawyers for Public Justice, by F. Paul Bland, Jr., Washington, DC, and Richard Frankel; Financial Protection Law Center, by Mallam J. Maynard, Wilmington; Wallace & Graham, P.A., by Mona Lisa Wallace and John Hughes, Salisbury; Richard Fisher Law Office, by Richard A. Fisher, Cleveland, TN, for plaintiff-appellants.

Womble Carlyle Sandridge & Rice, PLLC, by Johnny M. Loper, Raleigh; Skadden, Arps, Slate, Meagher & Flom, LLP, by Saul M. Pilchen, Washington, DC, Pro Hac Vice; Marshall, Williams & Gorham, LLP, by Lonnie B. Williams and John L. Coble, Wilmington, for defendant-appellees Advance America, Cash Advance Centers of North Carolina, Inc.; Advance America, Cash Advance Centers, Inc.; and William M. Webster, IV.

Poyner & Spruill, LLP, by Edwin M. Speas, Jr., Raleigh and David M. Barnes; Manatt, Phelps & Phillips, LLP, by Claudia Callaway, Washington, DC, for defendant-appellees Check Into Cash of North Carolina, Inc., Check Into Cash, Inc., Jones Management Services, LLC. W. Allan Jones, and Stephen M. Scoggins.

Kilpatrick Stockton, LLP, by Alan D. McInnes, Alfred P. Carlton, Jr., and Gregg E. McDougal, Raleigh; Squire, Sanders & Dempsey, LLP, by Amy L. Brown, Washington, DC, and Pierre H. Bergeron, Cincinnati, OH, for defendant-appellees Check `n Go of North Carolina, Inc.; CNG Financial Corporation, Jared A. Davis, and A. David Davis.

Yolanda D. McGill and Jonas Monast, Durham, for Center for Responsible Lending, amicus curiae.

Attorney General Roy A. Cooper, III, by Special Deputy Attorney General Gary R. Govert and Assistant Attorney General Philip A. Lehman, amicus curiae (COA06-447).

Director Deborah M. Weissman and Certified Law Student David Donovan, for University of North Carolina School of Law Clinical Programs; Holly M. Bryan for North Carolina Academy of Trial Lawyers, amicus curiae (COA06-506).

Edelstein and Payne, by M. Travis Payne, Raleigh, for AARP, amicus curiae (COA06-505 and COA06-506).


HUNTER, Judge.

(The three above-captioned cases were consolidated for discovery, hearings, and this appeal.)

All three sets of above-named plaintiffs ("Kucan," "Hager," and "McQuillan," respectively) commenced their actions in New Hanover County Superior Court on 27 July 2004, alleging that the lending practices of each defendant ("Advance America," "Check Into Cash," and "Check `n Go," respectively) violated, among...

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