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David N. Kirkman
Task Force Alert Chair
Asst Attorney General
Consumer Protection
NC Department of
Justice
P.O. Box 629
Raleigh, NC 27602
919-716-6000

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North Carolina Division of Aging and Adult Services
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Itinerant Paving Scammers Coming Out of Hibernation

******Alert #218 ******

Spring is almost here, which means that itinerant paving contractors are emerging and targeting older home owners with driveway paving scams. Many of these paver groups are based in adjoining states. Others are local. As the weather warms, they begin their travels throughout the country, often hitting their North Carolina neighbors first. They approach older home owners and claim they have paving material left over from another job in the neighborhood and that they will pave the home owner’s driveway for a greatly reduced price. They can be both charming and pushy, sometimes beginning paving jobs before an older home owner can say “no.” Their hallmarks tend to be smooth and persuasive sales techniques, new equipment, shoddy and overpriced work, and quick disappearances from the community once they have struck.

The Goldsboro News-Argus yesterday reported that the Wayne County Sheriff’s Department is investigating several reports about paving scammers operating in that community. The news story, which can be found at http://www.newsargus.com/news/archives/2009/03/02/paving_scam_hits_elderly_residents/ , describes how an 85-year old man living near Seymour Johnson Air Force Base was taken by this group late last week. He was conned, then intimidated, and then left with a shoddy paving job after paying $2,300, according to the article.

In addition to possible charges under local ordinances or the False Pretenses Act, N.C. Gen. Stat. Sec. 14-100, local law enforcement officials have made good use of N.C. Gen. Stat. Sec. 14-401.13 (Failure to give right to cancel in off-premises sales) when addressing these groups. The pavers normally fail to advise home owners that they have three days to consider and cancel the transaction and they begin work immediately, which violates that provision of the criminal code.

******End of Alert******

Date: March 3, 2009

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