State ex rel. Cooper v. NCCS Loans, Inc.

624 S.E.2d 371 (2005)

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State ex rel. Cooper v. NCCS Loans, Inc.

North Carolina Court of Appeals
624 S.E.2d 371 (2005)

RW

Facts

NCCS Loans, Inc. (NCCS) (defendant) did business as Advance Internet, an Internet service provider (ISP). The Internet access that Advance Internet provided its thousands of customers was limited to a few hours once a week, by appointment, using computers located in Advance Internet offices. Very few of Advance Internet’s customers actually made use of this access. Each new Advance Internet customer immediately received a cash rebate. In return, the customer signed a one-year contract to pay for Internet access in biweekly installments totaling five times the amount of the rebate. This effectively made Advance Internet’s Internet service not only far more limited and inconvenient but also far more expensive than the service provided by conventional ISPs. The State of North Carolina (state), on information supplied by the state’s attorney general, Roy Cooper, accused Advance Internet of charging interest far in excess of rates allowed by law and prosecuted NCCS for usury. The trial court granted summary judgment for the state. NCCS appealed to the North Carolina Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Levinson, J.)

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