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State2013 Statute Number2013 Statute Language

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OhioOhio Rev. Code Ann. § 4165.01.
Definitions for deceptive trade practices law.
As used in this chapter, unless the context otherwise requires:

(A) “Certification mark” means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.

(B) “Collective mark” means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.

(C) “Mark” means a word, name, symbol, device, or combination of a word, name, symbol, or device in any form or arrangement.

(D) “Person” means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, limited liability company, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.

(E) “Service mark” means a mark used by a person to identify services and to distinguish them from the services of others.

(F) “Trademark” means a mark used by a person to identify goods and to distinguish them from the goods of others.

(G) “Trade name” means a word, name, symbol, device, or combination of a word, name, symbol, or device in any form or arrangement used by a person to identify the person’s business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others.

(H) “Directory assistance” means the disclosure by an operator or an automated service, upon request by an individual and that individual’s identification of a telephone service subscriber in some manner, of telephone number information pertaining to the identified telephone service subscriber.

(I) “Local telephone directory” means a telephone classified advertising directory, or the business section of a telephone directory, that is distributed by a telephone company or a directory publisher to subscribers who are located in one or more local exchanges covered by the directory. “Local telephone directory” includes a telephone classified advertising directory, or the business section of a telephone directory, that includes listings of more than one telephone company.

(J) “Local telephone number” means a telephone number that has a three-number prefix that is used by a telephone company in connection with telephones that are physically located within an area covered by a local telephone directory in which the telephone number is listed. “Local telephone number” does not include long distance telephone numbers that are listed as long distance telephone numbers in a local telephone directory, or 800-, 888-, or 900- telephone numbers that are listed in a local telephone directory.

(K) “Telephone company” has the same meaning as in section 4905.402 of the Revised Code.

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Ohio Rev. Code Ann. § 4165.02.
Deceptive trade practice.
(A) A person engages in a deceptive trade practice when, in the course of the person’s business, vocation, or occupation, the person does any of the following:

(1) Passes off goods or services as those of another;

(2) Causes likelihood of confusion or misunderstanding as to the source, sponsorship, approval, or certification of goods or services;

(3) Causes likelihood of confusion or misunderstanding as to affiliation, connection, or association with, or certification by, another;

(4) Uses deceptive representations or designations of geographic origin in connection with goods or services;

(5) Lists a fictitious business name in a local telephone directory that is published on or after the effective date of this amendment, in circumstances in which all of the following apply:

(a) The person’s fictitious business name is not registered as a trade name with, or its use as a fictitious name has not been reported to, the secretary of state under sections 1329.01 to 1329.10 of the Revised Code.

(b) The person’s listed fictitious business name misrepresents the geographic location of the person, because that name includes a reference to a political subdivision or another geographic area of this state, the person does not have business premises in that political subdivision or other geographic area from which the person sells, leases, rents, or otherwise provides particular goods or services in this state, and the person’s use of that name causes a likelihood of confusion or misunderstanding by consumers as to the geographic location with which the consumers are dealing in the purchase, lease, rental, or other provision of, or will be dealing in the resolution of problems that may arise in connection with, particular goods or services.

(c) The local telephone directory listing of the person’s fictitious business name does not identify the political subdivision and, if the person is not located in this state, the state in which are located the person’s business premises with which consumers are dealing in the purchase, lease, rental, or other provision of, or will be dealing in the resolution of problems that may arise in connection with, particular goods or services.

(d) Telephone calls to the local telephone number listed for the person’s fictitious business name routinely are forwarded or otherwise transferred to business premises of the person that are located outside the calling area covered by the local telephone directory.

(6) Lists a fictitious business name in a directory assistance database on or after the effective date of this amendment, the circumstances described in divisions (A)(5)(a) and (b) of this section apply regarding the person’s listed fictitious business name, and telephone calls to the local telephone number listed for the person’s fictitious business name routinely are forwarded or otherwise transferred to business premises of the person that are located outside the local calling area;

(7) Represents that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation, or connection that the person does not have;

(8) Represents that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used, or secondhand;

(9) Represents that goods or services are of a particular standard, quality, or grade, or that goods are of a particular style or model, if they are of another;

(10) Disparages the goods, services, or business of another by false representation of fact;(11) Advertises goods or services with intent not to sell them as advertised;

(12) Makes false statements of fact concerning the reasons for, existence of, or amounts of price reductions;

(13) Advertises goods or services with intent not to supply reasonably expectable public demand, unless the advertisement discloses a limitation of quantity.

(B) In order to prevail in a civil action under section 4165.03 of the Revised Code that seeks injunctive relief or an award of damages and that is based on one or more deceptive trade practices listed in division (A) of this section, a complainant need not prove competition between the parties to the civil action.

(C) This section does not affect unfair trade practices that are otherwise actionable at common law or under other sections of the Revised Code.

(D) A telephone company, provider of directory assistance, publisher of a local telephone directory, or officer, employee, or agent of the company, provider, or publisher shall not be liable in a civil action under section 4165.03 of the Revised Code for publishing in any directory or directory assistance database the listing of a fictitious business name of a person who commits a deceptive trade practice that is listed in division (A) of this section unless the telephone company, provider of directory assistance, publisher of a local telephone directory, or officer, employee, or agent of the company, provider, or publisher is the person who committed the deceptive trade practice listed in division (A) of this section.

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Ohio Rev. Code Ann. § 4165.03.
Injunctive relief.
(A)(1) A person who is likely to be damaged by a person who commits a deceptive trade practice that is listed in division

(A) of section 4165.02 of the Revised Code may commence a civil action for injunctive relief against the other person, and the court of common pleas involved in that action may grant injunctive relief based on the principles of equity and on the terms that the court considers reasonable. Proof of monetary damage or loss of profits is not required in a civil action commenced under division (A)(1) of this section.

(2) A person who is injured by a person who commits a deceptive trade practice that is listed in division (A) of section 4165.02 of the Revised Code may commence a civil action to recover actual damages from the person who commits the deceptive trade practice.

(B) The court may award in accordance with this division reasonable attorney’s fees to the prevailing party in either type of civil action authorized by division (A) of this section. an award of attorney’s fees may be assessed against a plaintiff if the court finds that the plaintiff knew the action to be groundless. An award of attorney’s fees may be assessed against a defendant if the court finds that the defendant has willfully engaged in a trade practice listed in division (A) of section 4165.02 of the Revised Code knowing it to be deceptive.

(C) The civil relief provided in this section is in addition to civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code.

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Ohio Rev. Code Ann. § 4165.04. 
Exceptions.
(A) This chapter does not apply to either of the following:

(1) Conduct that is in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;

(2) Publishers, broadcasters, printers, or other persons who are engaged in the dissemination of information or reproduction of printed or pictorial matter and who publish, broadcast, or reproduce material without knowledge of its deceptive character.

(B) Divisions (A)(2) and (3) of section 4165.02 of the Revised Code do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before September 25, 1969, if the use was in good faith and otherwise is lawful except for this chapter.

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Ohio Rev. Code Ann. § 1345.01
Definitions.
As used in sections 1345.01 to 1345.13 of the Revised Code:

(A) “Consumer transaction” means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, family, or household, or solicitation to supply any of these things. “Consumer transaction” does not include transactions between persons, defined in sections 4905.03 and 5725.01 of the Revised Code, and their customers, except for transactions involving a loan made pursuant to sections 1321.35 to 1321.48 of the Revised Code and transactions in connection with residential mortgages between loan officers, mortgage brokers, or nonbank mortgage lenders and their customers; transactions involving a home construction service contract as defined in section 4722.01 of the Revised Code; transactions between certified public accountants or public accountants and their clients; transactions between attorneys, physicians, or dentists and their clients or patients; and transactions between veterinarians and their patients that pertain to medical treatment but not ancillary services.

(B) “Person” includes an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association, cooperative, or other legal entity.

(C) “Supplier” means a seller, lessor, assignor, franchisor, or other person engaged in the business of effecting or soliciting consumer transactions, whether or not the person deals directly with the consumer. If the consumer transaction is in connection with a residential mortgage, “supplier” does not include an assignee or purchaser of the loan for value, except as otherwise provided in section 1345.091 of the Revised Code. For purposes of this division, in a consumer transaction in connection with a residential mortgage, “seller” means a loan officer, mortgage broker, or nonbank mortgage lender.

(D) “Consumer” means a person who engages in a consumer transaction with a supplier.

(E) “Knowledge” means actual awareness, but such actual awareness may be inferred where objective manifestations indicate that the individual involved acted with such awareness.

(F) “Natural gas service” means the sale of natural gas, exclusive of any distribution or ancillary service.

(G) “Public telecommunications service” means the transmission by electromagnetic or other means, other than by a telephone company as defined in section 4927.01 of the Revised Code, of signs, signals, writings, images, sounds, messages, or data originating in this state regardless of actual call routing. “Public telecommunications service” excludes a system, including its construction, maintenance, or operation, for the provision of telecommunications service, or any portion of such service, by any entity for the sole and exclusive use of that entity, its parent, a subsidiary, or an affiliated entity, and not for resale, directly or indirectly; the provision of terminal equipment used to originate telecommunications service; broadcast transmission by radio, television, or satellite broadcast stations regulated by the federal government; or cable television service.

(H)(1) “Loan officer” means an individual who for compensation or gain, or in anticipation of compensation or gain, takes or offers to take a residential mortgage loan application; assists or offers to assist a buyer in obtaining or applying to obtain a residential mortgage loan by, among other things, advising on loan terms, including rates, fees, and other costs; offers or negotiates terms of a residential mortgage loan; or issues or offers to issue a commitment for a residential mortgage loan. “Loan officer” also includes a loan originator as defined in division (E)(1) of section 1322.01 of the Revised Code.

(2) “Loan officer” does not include an employee of a bank, savings bank, savings and loan association, credit union, or credit union service organization organized under the laws of this state, another state, or the United States; an employee of a subsidiary of such a bank, savings bank, savings and loan association, or credit union; or an employee of an affiliate that

(a) controls, is controlled by, or is under common control with, such a bank, savings bank, savings and loan association, or credit union and

(b) is subject to examination, supervision, and regulation, including with respect to the affiliate's compliance with applicable consumer protection requirements, by the board of governors of the federal reserve system, the comptroller of the currency, the office of thrift supervision, the federal deposit insurance corporation, or the national credit union administration.

(I) “Residential mortgage” or “mortgage” means an obligation to pay a sum of money evidenced by a note and secured by a lien upon real property located within this state containing two or fewer residential units or on which two or fewer residential units are to be constructed and includes such an obligation on a residential condominium or cooperative unit.

(J)(1) “Mortgage broker” means any of the following:

(a) A person that holds that person out as being able to assist a buyer in obtaining a mortgage and charges or receives from either the buyer or lender money or other valuable consideration readily convertible into money for providing this assistance;

(b) A person that solicits financial and mortgage information from the public, provides that information to a mortgage broker or a person that makes residential mortgage loans, and charges or receives from either of them money or other valuable consideration readily convertible into money for providing the information;

(c) A person engaged in table-funding or warehouse-lending mortgage loans that are residential mortgage loans.

(2) “Mortgage broker” does not include a bank, savings bank, savings and loan association, credit union, or credit union service organization organized under the laws of this state, another state, or the United States; a subsidiary of such a bank, savings bank, savings and loan association, or credit union; an affiliate that

(a) controls, is controlled by, or is under common control with, such a bank, savings bank, savings and loan association, or credit union and

(b) is subject to examination, supervision, and regulation, including with respect to the affiliate's compliance with applicable consumer protection requirements, by the board of governors of the federal reserve system, the comptroller of the currency, the office of thrift supervision, the federal deposit insurance corporation, or the national credit union administration; or an employee of any such entity.

(K) “Nonbank mortgage lender” means any person that engages in a consumer transaction in connection with a residential mortgage, except for a bank, savings bank, savings and loan association, credit union, or credit union service organization organized under the laws of this state, another state, or the United States; a subsidiary of such a bank, savings bank, savings and loan association, or credit union; or an affiliate that (1) controls, is controlled by, or is under common control with, such a bank, savings bank, savings and loan association, or credit union and

(2) is subject to examination, supervision, and regulation, including with respect to the affiliate's compliance with applicable consumer protection requirements, by the board of governors of the federal reserve system, the comptroller of the currency, the office of thrift supervision, the federal deposit insurance corporation, or the national credit union administration

(L) For purposes of divisions (H), (J), and (K) of this section:

(1) “Control” of another entity means ownership, control, or power to vote twenty-five per cent or more of the outstanding shares of any class of voting securities of the other entity, directly or indirectly or acting through one or more other persons.

(2) “Credit union service organization” means a CUSO as defined in 12 C.F.R. 702.2

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Ohio Rev. Code Ann. § 1345.02.
Unfair or deceptive acts or practices.
(A) No supplier shall commit an unfair or deceptive act or practice in connection with a consumer transaction. Such an unfair or deceptive act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

(B) Without limiting the scope of division (A) of this section, the act or practice of a supplier in representing any of the following is deceptive:

(1) That the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits that it does not have;

(2) That the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription, or model, if it is not;

(3) That the subject of a consumer transaction is new, or unused, if it is not;

(4) That the subject of a consumer transaction is available to the consumer for a reason that does not exist;

(5) That the subject of a consumer transaction has been supplied in accordance with a previous representation, if it has not, except that the act of a supplier in furnishing similar merchandise of equal or greater value as a good faith substitute does not violate this section;

(6) That the subject of a consumer transaction will be supplied in greater quantity than the supplier intends;

(7) That replacement or repair is needed, if it is not;

(8) That a specific price advantage exists, if it does not;

(9) That the supplier has a sponsorship, approval, or affiliation that the supplier does not have;

(10) That a consumer transaction involves or does not involve a warranty, a disclaimer of warranties or other rights, remedies, or obligations if the representation is false.

(C) In construing division (A) of this section, the court shall give due consideration and great weight to federal trade commission orders, trade regulation rules and guides, and the federal courts’ interpretations of subsection 45 (a)(1) of the “Federal Trade Commission Act,” 38 Stat. 717 (1914), 15 U.S.C.A. 41, as amended.

(D) No supplier shall offer to a consumer or represent that a consumer will receive a rebate, discount, or other benefit as an inducement for entering into a consumer transaction in return for giving the supplier the names of prospective consumers, or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit is contingent upon an event occurring after the consumer enters into the transaction.

(E)(1) No supplier, in connection with a consumer transaction involving natural gas service or public telecommunications service to a consumer in this state, shall request or submit, or cause to be requested or submitted, a change in the consumer’s provider of natural gas service or public telecommunications service, without first obtaining, or causing to be obtained, the verified consent of the consumer. For the purpose of this division and with respect to public telecommunications service only, the procedures necessary for verifying the consent of a consumer shall be those prescribed by rule by the public utilities commission for public telecommunications service under division (D) of section 4905.72 of the Revised Code. Also, for the purpose of this division, the act, omission, or failure of any officer, agent, or other individual, acting for or employed by another person, while acting within the scope of that authority or employment, is the act or failure of that other person.

(2) Consistent with the exclusion, under 47 C.F.R. 64.1100(a)(3), of commercial mobile radio service providers from the verification requirements adopted in 47 C.F.R. 64.1100, 64.1150, 64.1160, 64.1170, 64.1180, and 64.1190 by the federal communications commission, division (E)(1) of this section does not apply to a provider of commercial mobile radio service insofar as such provider is engaged in the provision of commercial mobile radio service. However, when that exclusion no longer is in effect, division (E)(1) of this section shall apply to such a provider.

(3) The attorney general may initiate criminal proceedings for a prosecution under division (C) of section 1345.99 of the Revised Code by presenting evidence of criminal violations to the prosecuting attorney of any county in which the offense may be prosecuted. If the prosecuting attorney does not prosecute the violations, or at the request of the prosecuting attorney, the attorney general may proceed in the prosecution with all the rights, privileges, and powers conferred by law on prosecuting attorneys, including the power to appear before grand juries and to interrogate witnesses before grand juries.

(F) Concerning a consumer transaction in connection with a residential mortgage, and without limiting the scope of division (A) or (B) of this section, the act of a supplier in doing either of the following is deceptive:

(1) Knowingly failing to provide disclosures required under state and federal law;

(2) Knowingly providing a disclosure that includes a material misrepresentation.

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Ohio Rev. Code Ann. § 1345.021. 
Ethanol blended or mixed into gasoline.
(A) As used in this section, “retail dealer” means a person who owns, operates, controls, or supervises an establishment at which gasoline is sold or offered for sale to the public.

(B) When ethanol is blended or mixed into gasoline that is sold or offered for sale to the public, it is not an unfair or deceptive act or practice in connection with a consumer transaction for a retail dealer to fail to disclose either of the following:

(1) The fact that the gasoline contains ethanol;

(2) The percentage of ethanol that is contained in the gasoline.

(C) If a retail dealer elects to disclose any of the information specified in division (B) of this section, the dealer may make that disclosure in any form, using any type of sign or label and any size or style of letters, at the retail dealer’s discretion.

(D) A retail dealer shall not be required to disclose the fact that gasoline contains ethanol and shall not be required to disclose the percentage of ethanol in the gasoline by any law, rule, resolution, or ordinance of any agency or department of the state or any political subdivision of the state.

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Ohio Rev. Code Ann. §1345.03
Unconscionable acts or practices
(A) No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

(B) In determining whether an act or practice is unconscionable, the following circumstances shall be taken into consideration:

(1) Whether the supplier has knowingly taken advantage of the inability of the consumer reasonably to protect the consumer's interests because of the consumer's physical or mental infirmities, ignorance, illiteracy, or inability to understand the language of an agreement;

(2) Whether the supplier knew at the time the consumer transaction was entered into that the price was substantially in excess of the price at which similar property or services were readily obtainable in similar consumer transactions by like consumers;

(3) Whether the supplier knew at the time the consumer transaction was entered into of the inability of the consumer to receive a substantial benefit from the subject of the consumer transaction;

(4) Whether the supplier knew at the time the consumer transaction was entered into that there was no reasonable probability of payment of the obligation in full by the consumer;

(5) Whether the supplier required the consumer to enter into a consumer transaction on terms the supplier knew were substantially one-sided in favor of the supplier;

(6) Whether the supplier knowingly made a misleading statement of opinion on which the consumer was likely to rely to the consumer's detriment;

(7) Whether the supplier has, without justification, refused to make a refund in cash or by check for a returned item that was purchased with cash or by check, unless the supplier had conspicuously posted in the establishment at the time of the sale a sign stating the supplier's refund policy.

(C) This section does not apply to a consumer transaction in connection with a residential mortgage.

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Ohio Rev. Code Ann. § 1345.031. 
Unconscionable acts or practices concerning residential mortgages.
(A) No supplier shall commit an unconscionable act or practice concerning a consumer transaction in connection with a residential mortgage. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.

(B) For purposes of division (A) of this section, the following acts or practices of a supplier in connection with such a transaction are unconscionable:

(1) Arranging for or making a mortgage loan that provides for an interest rate applicable after default that is higher than the interest rate that applies before default, excluding rates of interest for judgments applicable to the mortgage loan under section 1343.02 or 1343.03 of the Revised Code and also excluding interest rate changes in a variable rate loan transaction otherwise consistent with the provisions of the loan documents;

(2) Engaging in a pattern or practice of providing consumer transactions to consumers based predominantly on the supplier's realization of the foreclosure or liquidation value of the consumer's collateral without regard to the consumer's ability to repay the loan in accordance with its terms, provided that the supplier may use any reasonable method to determine a borrower's ability to repay;

(3) Making a consumer transaction that permits the creditor to demand repayment of the outstanding balance of a mortgage loan, in advance of the original maturity date unless the creditor does so in good faith due to the consumer's failure to abide by the material terms of the loan.

(4) Knowingly replacing, refinancing, or consolidating a zero interest rate or other low-rate mortgage loan made by a governmental or nonprofit lender with another loan unless the current holder of the loan consents in writing to the refinancing and the consumer presents written certification from a third- party nonprofit organization counselor approved by the United States department of housing and urban development or the superintendent of financial institutions that the consumer received counseling on the advisability of the loan transaction. For purposes of division (B)(4) of this section, a “low-rate mortgage loan” means a mortgage loan that carries a current interest rate two percentage points or more below the current yield on United States treasury securities with a comparable maturity. If the loan's current interest rate is either a discounted introductory rate or a rate that automatically steps up over time, the fully indexed rate or the fully stepped-up rate, as applicable, shall be used, in lieu of the current rate, to determine whether a loan is a low-rate mortgage loan.

(5) Instructing the consumer to ignore the supplier's written information regarding the interest rate and dollar value of points because they would be lower for the consumer's consumer transaction;

(6) Recommending or encouraging a consumer to default on a mortgage or any consumer transaction or revolving credit loan agreement;

(7) Charging a late fee more than once with respect to a single late payment. If a late payment fee is deducted from a payment made on the loan and such deduction causes a subsequent default on a subsequent payment, no late payment fee may be imposed for such default. If a late payment fee has been imposed once with respect to a particular late payment, no such fee may be imposed with respect to any future payment that would have been timely and sufficient but for the previous default.

(8) Failing to disclose to the consumer at the closing of the consumer transaction that a consumer is not required to complete a consumer transaction merely because the consumer has received prior estimates of closing costs or has signed an application and should not close a loan transaction that contains different terms and conditions than those the consumer was promised;

(9) Arranging for or making a consumer transaction that includes terms under which more than two periodic payments required under the consumer transaction are consolidated and paid in advance from the loan proceeds provided to the consumer;

(10) Knowingly compensating, instructing, inducing, coercing, or intimidating, or attempting to compensate, instruct, induce, coerce, or intimidate, a person licensed or certified under Chapter 4763. of the Revised Code for the purpose of corrupting or improperly influencing the independent judgment of the person with respect to the value of the dwelling offered as security for repayment of a mortgage loan;

(11) Financing, directly or indirectly, any credit, life, disability, or unemployment insurance premiums, any other life or health insurance premiums, or any debt collection agreement. Insurance premiums calculated and paid on a monthly basis shall not be considered financed by the lender.

(12) Knowingly or intentionally engaging in the act or practice of “flipping” a mortgage loan. “Flipping” a mortgage loan is making a mortgage loan that refinances an existing mortgage loan when the new loan does not have reasonable, tangible net benefit to the consumer considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the consumer's circumstances. This provision applies regardless of whether the interest rate, points, fees, and charges paid or payable by the consumer in connection with the refinancing exceed any thresholds specified in any section of the Revised Code.

(13) Knowingly taking advantage of the inability of the consumer to reasonably protect the consumer's interests because of the consumer's known physical or mental infirmities or illiteracy;

(14) Entering into the consumer transaction knowing there was no reasonable probability of payment of the obligation by the consumer;

(15) Attempting to enforce, by means not limited to a court action, a prepayment penalty in violation of division (C)(2) of section 1343.011 of the Revised Code;

(16) Engaging in an act or practice deemed unconscionable by rules adopted by the attorney general pursuant to division (B)(2) of section 1345.05 of the Revised Code.

(C)(1) Any unconscionable arbitration clause, unconscionable clause requiring the consumer to pay the supplier's attorney's fees, or unconscionable liquidated damages clause included in a mortgage loan contract is unenforceable.

(2) No supplier shall do either of the following:

(a) Attempt to enforce, by means not limited to a court action, any clause described in division (C)(1) of this section;

(b) By referring to such a clause, attempt to induce the consumer to take any action desired by the supplier.

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Ohio Rev. Code Ann. § 1345.09.
Private Remedies.
For a violation of Chapter 1345. of the Revised Code, a consumer has a cause of action and is entitled to relief as follows:

(A) Where the violation was an act prohibited by section 1345.02, 1345.03, or 1345.031 of the Revised Code, the consumer may, in an individual action, rescind the transaction or recover the consumer’s actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages.

(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court of this state to violate section 1345.02, 1345.03, or 1345.031 of the Revised Code and committed after the decision containing the determination has been made available for public inspection under division (A)(3) of section 1345.05 of the Revised Code, the consumer may rescind the transaction or recover, but not in a class action, three times the amount of the consumer’s actual economic damages or two hundred dollars, whichever is greater, plus an amount not exceeding five thousand dollars in noneconomic damages or recover damages or other appropriate relief in a class action under Civil Rule 23, as amended.

(C)(1) Except as otherwise provided in division (C)(2) of this section, in any action for rescission, revocation of the consumer transaction must occur within a reasonable time after the consumer discovers or should have discovered the ground for it and before any substantial change in condition of the subject of the consumer transaction.

(2) If a consumer transaction between a loan officer, mortgage broker, or nonbank mortgage lender and a customer is in connection with a residential mortgage, revocation of the consumer transaction in an action for rescission is only available to a consumer in an individual action, and shall occur for no reason other than one or more of the reasons set forth in the “Truth in Lending Act,” 82 Stat. 146 (1968), 15 U.S.C. 1635, not later than the time limit within which the right of rescission under section 125(f) of the “Truth in Lending Act” expires.

(D) Any consumer may seek a declaratory judgment, an injunction, or other appropriate relief against an act or practice that violates this chapter.

(E) When a consumer commences an individual action for a declaratory judgment or an injunction or a class action under this section, the clerk of court shall immediately mail a copy of the complaint to the attorney general. Upon timely application, the attorney general may be permitted to intervene in any private action or appeal pending under this section. When a judgment under this section becomes final, the clerk of court shall mail a copy of the judgment including supporting opinions to the attorney general for inclusion in the public file maintained under division (A)(3) of section 1345.05 of the Revised Code.

(F) The court may award to the prevailing party a reasonable attorney’s fee limited to the work reasonably performed, if either of the following apply:

(1) The consumer complaining of the act or practice that violated this chapter has brought or maintained an action that is groundless, and the consumer filed or maintained the action in bad faith;

(2) The supplier has knowingly committed an act or practice that violates this chapter.

(G) As used in this section, “actual economic damages” means damages for direct, incidental, or consequential pecuniary losses resulting from a violation of Chapter 1345. of the Revised Code and does not include damages for noneconomic loss as defined in section 2315.18 of the Revised Code.

(H) Nothing in this section shall preclude a consumer from also proceeding with a cause of action under any other theory of law.

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Ohio Rev. Code Ann. § 1345.04.
Jurisdiction of common pleas, municipal and county.
The courts of common pleas, and municipal or county courts within their respective monetary jurisdiction, have jurisdiction over any supplier with respect to any act or practice in this state covered by sections 1345.01 to 1345.13 of the Revised Code, or with respect to any claim arising from a consumer transaction subject to such sections.

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Ohio Rev. Code Ann. § 1345.05.
Duties and powers of attorney general; petition for adoption, amendment, or repeal of rules.
(A) The attorney general shall:

(1) Adopt, amend, and repeal procedural rules;

(2) Adopt as a rule a description of the organization of the attorney general's office, stating the general courses and methods of operation of the section of the office of the attorney general, which is to administer Chapter 1345. of the Revised Code and methods whereby the public may obtain information or make submissions or requests, including a description of all forms and instructions used by that office;

(3) Make available for public inspection all rules and all other written statements of policy or interpretations adopted or used by the attorney general in the discharge of the attorney general's functions, together with all judgments, including supporting opinions, by courts of this state that determine the rights of the parties and concerning which appellate remedies have been exhausted, or lost by the expiration of the time for appeal, determining that specific acts or practices violate section 1345.02, 1345.03, or 1345.031 of the Revised Code;

(4) Inform consumers and suppliers on a continuing basis of acts or practices that violate Chapter 1345. of the Revised Code by, among other things, publishing an informational document describing acts and practices in connection with residential mortgages that are unfair, deceptive, or unconscionable, and by making that information available on the attorney general's official web site;

(5) Cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of comparable statutes;

(6) Report annually on or before the thirty-first day of January to the governor and the general assembly on the operations of the attorney general in respect to Chapter 1345. of the Revised Code, and on the acts or practices occurring in this state that violate such chapter. The report shall include a statement of investigatory and enforcement procedures and policies, of the number of investigations and enforcement proceedings instituted and of their disposition, and of other activities of the state and of other persons to promote the purposes of Chapter 1345. of the Revised Code.

(7) In carrying out official duties, the attorney general shall not disclose publicly the identity of suppliers investigated or the facts developed in investigations unless these matters have become a matter of public record in enforcement proceedings, in public hearings conducted pursuant to division (B)(1) of this section, or the suppliers investigated have consented in writing to public disclosure.

(B) The attorney general may:

(1) Conduct research, make inquiries, hold public hearings, and publish studies relating to consumer transactions;

(2) Adopt, amend, and repeal substantive rules defining with reasonable specificity acts or practices that violate sections 1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting, amending, or repealing substantive rules defining acts or practices that violate section 1345.02 of the Revised Code, due consideration and great weight shall be given to federal trade commission orders, trade regulation rules and guides, and the federal courts' interpretations of subsection 45(a)(1) of the “Federal Trade Commission Act,” 38 Stat. 717 (1914), 15 U.S.C.A. 41, as amended.

In adopting, amending, or repealing such rules concerning a consumer transaction in connection with a residential mortgage, the attorney general shall consult with the superintendent of financial institutions and shall give due consideration to state and federal statutes, regulations, administrative agency interpretations, and case law.

(C) In the conduct of public hearings authorized by this section, the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of relevant material. Upon failure of a person without lawful excuse to obey a subpoena or to produce relevant matter, the attorney general may apply to a court of common pleas for an order compelling compliance.

(D) The attorney general may request that an individual who refuses to testify or to produce relevant material on the ground that the testimony or matter may incriminate the individual be ordered by the court to provide the testimony or matter. With the exception of a prosecution for perjury and an action for damages under section 1345.07 or 1345.09 of the Revised Code, an individual who complies with a court order to provide testimony or matter, after asserting a privilege against self incrimination to which the individual is entitled by law, shall not be subjected to a criminal proceeding on the basis of the testimony or matter discovered through that testimony or matter.

(E) Any person may petition the attorney general requesting the adoption, amendment, or repeal of a rule. The attorney general shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition. Within sixty days of submission of a petition, the attorney general shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings. There is no right to appeal from such denial of a petition.

(F) All rules shall be adopted subject to Chapter 119. of the Revised Code.

(G) The informational document published in accordance with division (A)(4) of this section shall be made available for distribution to consumers who are applying for a mortgage loan. An acknowledgement of receipt shall be retained by the lender, mortgage broker, and loan officer, as applicable, subject to review by the attorney general and the department of commerce.

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Ohio Rev. Code Ann. § 1345.06.
Investigations; powers of attorney general.
(A) If, by his own inquiries or as a result of complaints, the attorney general has reasonable cause to believe that a person has engaged or is engaging in an act or practice that violates Chapter 1345. of the Revised Code, he may investigate.

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Ohio Rev. Code Ann. § 1345.07.
Action for declaratory judgment or injunction by attorney general; appointment of master or receiver; limitation of action; termination of enforcement proceedings; civil penalty.
(A) If the attorney general, by the attorney general's own inquiries or as a result of complaints, has reasonable cause to believe that a supplier has engaged or is engaging in an act or practice that violates this chapter, and that the action would be in the public interest, the attorney general may bring any of the following:

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Ohio Rev. Code Ann. § 1345.08.
Complaints as to suppliers subject to other adiministrative supervision.
If the attorney general receives a complaint or other information concerning noncompliance with Chapter 1345. of the Revised Code, by a supplier subject to other administrative supervision in this state, he shall immediately give written notice of the substance of the complaint or other information to the official or agency having supervisory authority over the supplier. The attorney general may request information about suppliers subject to other administrative supervision from the agencies or official supervising them.

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Ohio Rev. Code Ann. §1345.091.
Claims against mortgage loan purchasers or assignees.
No claim or defense under this chapter may be asserted by the attorney general or any consumer against an assignee or purchaser of a mortgage loan for value unless any one of the following applies:

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Ohio Rev. Code Ann. § 1345.092.
Cure Offers.
(A) Not later than thirty days after service of process is completed upon a supplier by a consumer in any action seeking a private remedy pursuant to section 1345.09 of the Revised Code, the supplier may deliver a cure offer to the consumer, or if the consumer is represented by an attorney, to the consumer's attorney. The supplier shall send a cure offer by certified mail, return receipt requested, to the consumer, or if the consumer is represented by an attorney, to the consumer's attorney. The supplier shall file a copy of the cure offer with the court in which the action was commenced.

(B) A consumer shall have thirty days after the date the consumer or the consumer's attorney receives a cure offer from a supplier to notify the supplier, or if the supplier is represented by an attorney, the supplier's attorney, of the consumer's acceptance or rejection of the cure offer. The consumer shall file the notice of acceptance or rejection with the court in which the action was commenced and serve the notice to the supplier. The notice shall be deemed effective when it is filed with the court. The failure of a consumer to file a notice of acceptance or rejection of the supplier's cure offer within thirty days after the date of receipt of the cure offer shall be deemed a rejection of the cure offer by the consumer.

(C) When by rule, notice, or order of court a motion or pleading is required to be filed by any party during the time periods described in divisions (A) and (B) of this section, the court may extend the time period for filing the motion or pleading to allow both parties adequate time to comply with this section.

(D) A cure offer shall include both of the following:

(1) Language that clearly explains the resolution being offered by the supplier consisting of the following separate components:

(a) A supplier's remedy that consists solely of monetary compensation to resolve alleged violations of this chapter;

(b) Reasonable attorney's fees that consist of legal fees necessary or reasonably related to the filing of the initial complaint, not to exceed two thousand five hundred dollars;

(c) Court costs incurred by the consumer that are related to the filing of the initial complaint.

(2) A prominent notice that clearly and conspicuously contains the following disclosure in substantially the following form:

NOTICE: THIS LETTER INCLUDES A “CURE OFFER” THAT IS BEING OFFERED TO SETTLE ALL ALLEGED VIOLATIONS OF CHAPTER 1345. OF THE REVISED CODE RAISED BY YOUR WRITTEN COMPLAINT. THE CURE OFFER INCLUDES BOTH A “SUPPLIER'S REMEDY” TO SOLVE THIS DISPUTE AND AN OFFER TO PAY YOUR ATTORNEY'S FEES UP TO $2,500.00 AND YOUR COURT COSTS IN FILING THE COMPLAINT. YOU ARE NOT OBLIGATED TO ACCEPT THIS CURE OFFER AND HAVE THE RIGHT TO CONSULT WITH LEGAL COUNSEL BEFORE MAKING YOUR DECISION.

YOU MUST NOTIFY THE SUPPLIER WITHIN 30 DAYS OF RECEIPT OF THIS CURE OFFER OF YOUR DECISION TO EITHER ACCEPT OR REJECT THE OFFER BY FILING A RESPONSE WITH THE COURT AND SENDING A COPY OF THE RESPONSE TO THE SUPPLIER. IF THE COURT DOES NOT RECEIVE YOUR RESPONSE WITHIN THE REQUIRED TIME, YOUR FAILURE TO RESPOND WILL, BY LAW, BE CONSIDERED REJECTION OF OUR OFFER.

REJECTION OF THIS CURE OFFER COULD IMPACT YOUR ABILITY TO COLLECT COURT COSTS AND LEGAL FEES. IF A COURT, JURY, OR ARBITRATOR FINDS IN YOUR FAVOR, BUT DOES NOT AWARD YOU AN AMOUNT MORE THAN THE VALUE OF THE SUPPLIER'S REMEDY, THE SUPPLIER WILL NOT BE RESPONSIBLE FOR TREBLE DAMAGES, ATTORNEY'S FEES, OR ANY COURT COSTS YOU INCUR AFTER THE DATE THIS CURE OFFER WAS MADE (fill in the date).

VALUE OF SUPPLIER'S REMEDY = $(fill in the blank)

THE SELLER ALSO AGREES TO PAY YOUR ATTORNEY'S FEES, UP TO $2,500.00, THAT ARE NECESSARY OR REASONABLY RELATED TO THE FILING OF YOUR INITIAL CLAIM, AS WELL AS YOUR COURT COSTS.

(E) If the consumer files a notice rejecting the cure offer provided by the supplier, if a cure offer is deemed rejected pursuant to division (B) of this section, or if no cure offer is made to the consumer by the supplier within the time frame set forth in this section, the consumer may proceed with a civil action in accordance with this chapter.

(F) If the consumer files a notice accepting a cure offer, then both of the following shall apply:

(1)(a) The consumer shall, upon accepting the cure offer, request an amount, up to two thousand five hundred dollars, from the supplier to pay attorney's fees and an amount to pay court costs. The consumer shall provide to the supplier bills and other documents evidencing these amounts.

(b) If the supplier finds the requested amounts to be reasonable, then the supplier shall pay the consumer the requested amounts along with the offered remedy upon the resolution of the cure offer.

(c) If the supplier finds the requested amounts to be unreasonable, then the supplier shall, within ten days of the consumer accepting the cure offer, seek a ruling from the court appointed to the case. The court shall review the documentation provided by the consumer evidencing the requested amounts and shall award to the consumer attorney's fees, up to two thousand five hundred dollars, that are necessary or reasonably related to the filing of the claim and court costs.

(2) The agreed upon resolution shall be completed and any court-ordered attorney's fees and court costs shall be paid within a reasonable time in accordance with court supervision. The court may at any time, in its discretion, extend any deadlines set forth by rule, statute, or order of the court for filing motions or pleadings, or conducting discovery in order to allow the resolution to be completed.

(G) If a judge, jury, or arbitrator awards actual economic damages as defined in section 1345.09 of the Revised Code that are not greater than the value of a supplier's remedy included in a cure offer made pursuant to this section, the consumer shall not be entitled to any of the following:

(1) An award of treble damages;

(2) Any court costs incurred by the consumer after the date the consumer or the consumer's attorney receives the cure offer;

(3) Any attorney's fees incurred by the consumer after the date the consumer or the consumer's attorney receives the cure offer from the supplier.

The comparison of actual economic damages and the supplier's remedy shall not take into consideration statutory treble damages, court costs, or attorney's fees.

(H) A cure offer is not admissible as evidence in a jury trial of the consumer's action seeking a private remedy pursuant to section 1345.09 of the Revised Code as described in division (A) of this section. After a jury renders its verdict in that action or if the action is tried to a judge, the judge shall consider the cure offer only if the offer was timely delivered in accordance with this section and only for the limited purpose of determining whether treble damages may be awarded and the amount of court costs and reasonable attorney's fees that may be awarded. A cure offer is not admissible in a court proceeding for any other purpose.

(I) As used in this section, “cure offer” means a written offer of monetary compensation that is made by a supplier to a consumer or to the consumer's attorney in response to a consumer's claim of a violation of Chapter 1345. of the Revised Code. A cure offer shall include reasonable legal fees necessary or reasonably related to the filing of the initial complaint of up to two thousand five hundred dollars and court costs incurred by the consumer and related to the filing of the initial complaint.

(J) This section does not apply to claims for personal injury or death.

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Ohio Rev. Code Ann. § 1345.10.
Final judgment as prima-facie evidence; consumer precluded from later class action; limitation of action.
(A) With the exception of consent judgments entered before any testimony is taken, a final judgment against a supplier under section 1345.07 of the Revised Code is admissible as prima-facie evidence of the facts on which it is based in subsequent proceedings under section 1345.09 of the Revised Code against the same supplier, or his successors or assigns.

(B) An action by or on behalf of a consumer pursuant to section 1345.09 of the Revised Code precludes that consumer from being included in a later class action by the attorney general with respect to the same transaction, but intervention by the attorney general in a pending action is authorized. If the attorney general brings a class action on behalf of consumers, a consumer may withdraw from the class action prior to trial, or, with the permission of the court, at any time.

(C) An action under sections 1345.01 to 1345.13 of the Revised Code may not be brought more than two years after the occurrence of the violation which is the subject of suit, or more than one year after the termination of proceedings by the attorney general with respect to the violation, whichever is later. However, an action under sections 1345.01 to 1345.13 of the Revised Code arising out of the same consumer transaction can be used as a counterclaim whenever a supplier sues a consumer on an obligation arising from the consumer transaction.

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Ohio Rev. Code Ann. §1345.11.
Limitations on liabilities; appointment of receiver; effect of violations on licenses.
(A) In any case arising under Chapter 1345. of the Revised Code, if a supplier shows by a preponderance of the evidence that a violation resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, no civil penalties shall be imposed against the supplier under division (D) of section 1345.07 of the Revised Code, no party shall be awarded attorney's fees, and monetary recovery shall not exceed the amount of actual damages resulting from the violation.

(B) If a supplier shows by a preponderance of the evidence that a violation was an act or practice required or specifically permitted by federal trade commission orders, trade regulation rules and guides, or the federal courts' interpretations of subsection 45 (a)(1) of the “Federal Trade Commission Act,” 38 Stat. 717 (1914), 15 U.S.C.A. 41, as amended, and that the act or practice was not otherwise declared to be unfair, deceptive, or unconscionable by a rule adopted pursuant to division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, and:

(1) If the case arises under section 1345.07 of the Revised Code, the attorney general is limited to injunctive relief as the only remedy against the supplier for that violation; or

(2) If the case arises under section 1345.09 of the Revised Code, the supplier is not subject to any liability or penalty for the violation.

(C) A receiver may be appointed by the court in an action under section 1345.07 of the Revised Code, if it is shown that the assets of the supplier are in danger of being lost, removed, injured, or dissipated. A receiver may, under the direction of the court, do all of the following:

(1) Sue for, collect, receive, and take into his possession all the goods, chattels, rights, credits, moneys, effects, lands, tenements, books, records, documents, papers, choses in action, bills, notes, and other property and assets of every kind and description acquired by any act or practice prohibited by this chapter, including property with which such property has been commingled if it cannot be identified in kind because of commingling;

(2) Sell, convey, and assign all property taken into his possession, and hold and dispose of the proceeds;

(3) Perform any other acts respecting the property that the court authorizes.

Any person who has suffered damages as a result of the use of any act or practice prohibited by this chapter and who submits proof to the satisfaction of the court that he has in fact been damaged, may participate with general creditors in the distribution of the assets to the extent he has sustained out-of-pocket losses.

(D) If a court determines after a hearing in any action brought pursuant to section 1345.07 of the Revised Code that a supplier in the course of performing activity under any license or permit issued by the state or a political subdivision or agency of the state, engaged in a practice that violates this chapter, the attorney general may, within sixty days after the time for appealing has expired, send a certified copy of the court's final judgment and supporting opinion to the issuing authority. Upon receipt of the court's judgment and opinion, the issuing authority shall promptly investigate to determine whether to institute proceedings to revoke or suspend the supplier's license or permit. The court's judgment, findings of fact, and conclusions of law shall be binding upon the issuing authority when it conducts its investigation. The issuing authority shall report its decision or action to the attorney general within twenty days of the conclusion of the issuing authority's investigation. If the issuing authority institutes proceedings to revoke or suspend the supplier's license or permit, it shall report its decision to the attorney general within twenty days of the conclusion of the issuing authority's proceedings.

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Ohio Rev. Code Ann. § 1345.12.
Application of laws
Sections 1345.01 to 1345.13 of the Revised Code do not apply to:
(A) An act or practice required or specifically permitted by or under federal law, or by or under other sections of the Revised Code, except as provided in division (B) of section 1345.11 of the Revised Code;

(B) A publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter insofar as the information or matter has been disseminated or reproduced on behalf of others without knowledge that it violated sections 1345.01 to 1345.13 of the Revised Code;

(C) Claims for personal injury or death.

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Ohio Rev. Code Ann. § 1345.13.
Effect on other remedies
The remedies in sections 1345.01 to 1345.13 of the Revised Code, are in addition to remedies otherwise available for the same conduct under state or local law.

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Ohio Rev. Code Ann. § 1345.18.
Unauthorized change in consumer's provider of natural gas or public telecommunications services.
(A) As used in this section:

(1) “Consumer,” “person,” and “supplier” have the same meanings as in section 1345.01 of the Revised Code.

(2) “Consumer transaction” has the same meaning as in section 1345.01 of the Revised Code except that the sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, or solicitation to supply any of those things, to an individual is for purposes that are primarily other than personal, family, or household.

(3) “Natural gas service” means the sale of natural gas, exclusive of any distribution or ancillary service.

(4) “Public telecommunications service” means the transmission by electromagnetic or other means, other than by a telephone company as defined in section 4927.01 of the Revised Code, of signs, signals, writings, images, sounds, messages, or data originating in this state regardless of actual call routing. “Public telecommunications service” excludes a system, including its construction, maintenance, or operation, for the provision of telecommunications service, or any portion of such service, by any entity for the sole and exclusive use of that entity, its parent, a subsidiary, or an affiliated entity, and not for resale, directly or indirectly; the provision of terminal equipment used to originate telecommunications service; broadcast transmission by radio, television, or satellite broadcast stations regulated by the federal government; or cable television service.

(B)(1) No supplier, in connection with a consumer transaction involving natural gas service or public telecommunications service to a consumer in this state, shall request or submit, or cause to be requested or submitted, a change in the consumer's provider of natural gas service or public telecommunications service, without first obtaining, or causing to be obtained, the verified consent of the consumer. For the purpose of this division and with respect to public telecommunications service only, the procedures necessary for verifying the consent of a consumer shall be those prescribed by rule by the public utilities commission for public telecommunications service under division (D) of section 4905.72 of the Revised Code. Also, for the purpose of this division, the act, omission, or failure of any officer, agent, or other individual, acting for or employed by another person, while acting within the scope of that authority or employment, is the act or failure of that other person.

(2) Consistent with the exclusion, under 47 C.F.R. 64.1100(a)(3), of commercial mobile radio service providers from the verification requirements adopted in 47 C.F.R. 64.1100, 64.1150, 64.1160, 64.1170, 64.1180, and 64.1190 by the federal communications commission, division (B)(1) of this section does not apply to a provider of commercial mobile radio service insofar as such provider is engaged in the provision of commercial mobile radio service. However, when that exclusion no longer is in effect, division (B)(1) of this section shall apply to such a provider.

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Ohio Rev. Code Ann. § 1345.19.
Jurisdiction; cumulative nature of powers.
(A) The courts of common pleas, and municipal or county courts within their respective jurisdictions, have jurisdiction over any supplier with respect to a violation of section 1345.18 of the Revised Code or any claim arising from a consumer transaction subject to that section.

(B) The power, remedies, forfeitures, and penalties provided by sections 1345.18 to 1345.20 and division (C) of section 1345.99 of the Revised Code are in addition to any other power, remedy, forfeiture, or penalty provided by law.

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Ohio Rev. Code Ann. § 1345.20.
Private right of action; remedies.
(A) An aggrieved consumer may bring an action for a declaratory judgment, an injunction, or other appropriate relief against a supplier that is violating or has violated section 1345.18 of the Revised Code. The court may issue any order or enter a judgment as necessary to ensure compliance with section 1345.18 of the Revised Code or prevent any act or practice that violates that section. In addition, upon a preponderance of the evidence, the court:

(1) Shall issue an order providing for all of the following:

(a) Rescinding the aggrieved consumer's change in service provider;

(b) Requiring the supplier to absolve the aggrieved consumer of any liability for any charges assessed the consumer, or refund to the aggrieved consumer any charges collected from the consumer, by the supplier during such period, after the violation occurred, that is determined reasonable by the court;

(c) Requiring the supplier to refund or pay to the aggrieved consumer any fees paid or costs incurred by the consumer resulting from the change of the consumer's service provider or providers, or from the resumption of the consumer's service with the service provider or providers from which the consumer was switched;

(d) Requiring the supplier to make the consumer whole regarding any bonuses or benefits, such as airline mileage or product discounts, to which the consumer is entitled, by restoring bonuses or benefits the consumer lost as a result of the violation and providing bonuses or benefits the consumer would have earned if not for the violation, or by providing something of equal value.

(2) May issue an order providing for any of the following:

(a) Requiring the supplier to comply or undertake any necessary corrective action;

(b) Assessing upon the supplier forfeitures of not more than one thousand dollars for each day of each violation. However, if the preponderance of the evidence shows that the supplier has engaged or is engaging in a pattern or practice of committing any such violations, the court may assess upon the supplier forfeitures of not more than five thousand dollars for each day of each violation. Upon collection, one-half of any such forfeiture assessed under this division shall be paid to the treasurer of the county in which the action was brought and one-half shall be paid into the state treasury to the credit of the general revenue fund.

(B) Upon a finding in an action under division (A) of this section that a supplier is violating or has violated section 1345.18 of the Revised Code, a service provider or providers of natural gas service or public telecommunications service from whom the aggrieved consumer was switched may bring an action seeking the relief authorized by this division. Upon the filing of such action, the court may issue an order providing for either of the following:

(1) Requiring the supplier to compensate the service provider or providers from which the aggrieved consumer was switched in the amount of all charges the consumer would have paid that particular service provider for the same or comparable service had the violation or failure to comply not occurred;

(2) Requiring the supplier to compensate the service provider or providers from which the aggrieved consumer was switched for any costs that the particular service provider incurs as a result of making the consumer whole as provided in division (A)(1)(d) of this section or of effecting the resumption of the consumer's service.

(C) No action may be brought under division (A) of this section to recover for a transaction more than two years after the occurrence of a violation. No action may be brought under division (B) of this section more than one year after the date on which a ruling in an action brought under division (A) of this section was rendered.

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Ohio Rev. Code Ann. §1345.21.
Definition for home solicitation sales sections
(3) A class action under Civil Rule 23, as amended, on behalf of consumers who have engaged in consumer transactions in this state for damage caused by:

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Ohio Rev. Code Ann. § 1345.22. Right of buyer to cancel sale; requirementsIn addition to any right otherwise to revoke an offer, the buyer has the right to cancel a home solicitation sale until midnight of the third business day after the day on which the buyer signs an agreement or offer to purchase. Cancellation is evidenced by the buyer giving written notice of cancellation to the seller at the address stated in the agreement or offer to purchase. The buyer may deliver the notice by mail, telegram, manual delivery, or other personal delivery. Written notice of cancellation shall be effective upon the date of postmarking. Telegram delivery is effective when the telegram is ordered. Manual delivery or other personal delivery is effective when delivered to the seller or to the seller’s address, whichever comes first. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the home solicitation sale. Notice of buyer’s right to cancel must appear on all notes or other evidence of indebtedness given pursuant to any home solicitation sale.

Where a home solicitation sale requires a seller to provide services, he shall not commence performance of such services during the time in which the buyer may cancel.

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Ohio Rev. Code Ann. § 1345.24.
Seller to retain notice of cancellation and envelope.

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Ohio Rev. Code Ann. §1345.23. Writing required; contents, warning.(A) Every home solicitation shall be evidenced by a written agreement or offer to purchase in the same language as that principally used in the oral sales presentation and shall contain the name and address of the seller. The seller shall present the writing to the buyer and obtain the buyer’s signature to it. The writing shall state the date on which the buyer actually signs. The seller shall leave with the buyer a copy of the writing which has been signed by the seller and complies with division (B) of this section.

(B) In connection with every home solicitation sale:

(1) The following statement shall appear clearly and conspicuously on the copy of the contract left with the buyer in bold-face type of the minimum size of ten points, in substantially the following form and in immediate proximity to the space reserved in the contract for the signature of the buyer: “You, the buyer, may cancel this transaction at any time prior to midnight of the third business day after the date of this transaction. See the attached notice of cancellation for an explanation of this right.”

(2) A completed form, in duplicate, captioned “notice of cancellation”, shall be attached to the contract signed by the buyer and be easily detachable, and shall contain in ten-point, boldface type, the following information and statements in the same language as that used in the contract:

NOTICE OF CANCELLATION

(enter date of transaction)

.............................................

(Date)

You may cancel this transaction, without any penalty or obligation, within three business days from the above date.

If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within ten business days following receipt by the seller of your cancellation notice, and any security interest arising out of the transaction will be cancelled. If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale; or you may if you wish, comply with the instructions of the seller regarding the return shipment of the goods at the seller’s expense and risk.

If you do make the goods available to the seller and the seller does not pick them up within twenty days of the date of your notice of cancellation, you may retain or dispose of the goods without any further obligation. If you fail to make the goods available to the seller, or if you agree to return the goods to the seller and fail to do so, then you remain liable for performance of all obligations under the contract.

To cancel this transaction, mail or deliver a signed and dated copy of this cancellation notice or any other written notice, or send a telegram, to (Name of seller), at (address of seller’s place of business)

............................ .....................................not later than midnight of …....................................

(Date)

I hereby cancel this transaction.

......................................

(Date)

(Buyer’s signature)

..................................................

(3) Before furnishing copies of the notice of cancellation to the buyer, the seller shall complete both copies by entering the name of the seller, the address of the seller’s place of business, the date of the transaction which is the date the buyer signed the contract and the date, not earlier than the third business day following the date of the transaction, by which the buyer may give notice of cancellation.

(4) A home solicitation sales contract which contains the notice of buyer’s right to cancel and notice of cancellation in the form and language provided in the federal trade commission’s trade regulation rule providing a cooling-off period for door-to-door sales shall be deemed to comply with the requirements of divisions (B)(1), (2), and (3) of this section with respect to the form and language of such notices so long as the federal trade commission language provides at least equal information to the consumer concerning his right to cancel as is required by divisions (B) (1), (2), and (3) of this section.

(C) Until the seller has complied with divisions (A) and (B) of this section the buyer may cancel the home solicitation sale by notifying the seller by mailing, delivering, or telegraphing written notice to the seller of his intention to cancel. The three day period prescribed by section 1345.22 of the Revised Code begins to run from the time the seller complies with divisions (A) and (B) of this section.

(D) In connection with any home solicitation sale, no seller shall:

(1) Include in any home solicitation sales contract, any confession of judgment or any waiver of any rights to which the buyer is entitled under this section, including specifically his right to cancel the sale in accordance with this section.

(2) Fail to inform each buyer orally, at the time he signs the contract for the goods or services, of his right to cancel.

(3) Misrepresent in any manner the buyer’s right to cancel.

(4) Fail or refuse to honor any valid notice of cancellation by a buyer and within ten business days after receipt of such notice to:

(a) Refund all payments made under the contract or sale;

(b) Return any goods or property traded in, in substantially as good condition as when received by the seller;

(c) Cancel and return any note, negotiable instrument, or other evidence of indebtedness executed by the buyer in connection with the contract or sale and take any action necessary or appropriate to reflect the termination of any security interest or lien created under the sale or offer to purchase.

(5) Negotiate, transfer, sell, or assign any note or other evidence of indebtedness to a finance company or other third party prior to midnight of the fifth business day following the day the contract for the goods or services was signed.

(6) Fail to notify the buyer, within ten business days of receipt of the buyer’s notice of cancellation, whether the seller intends to repossess or abandon any shipped or delivered goods.

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Ohio Rev. Code Ann. § 1345.24.
Retaining notice of cancellation.
In a home solicitation sale, the seller shall retain, for the period in which an action to enforce the sale could be commenced, any notice of cancellation made pursuant to section 1345.22 of the Revised Code. The seller shall also retain the envelope in which any notice of cancellation is sent or delivered. If the date of delivery is not indicated or recorded on the notice of cancellation or on the envelope, the seller shall record the date of delivery on the notice of cancellation.

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Ohio Rev. Code Ann. § 1345.25.
Presumption of home solicitaiton sale.
Where a sale is made pursuant to negotiations that occur at a place other than the seller’s fixed location business establishment where goods or services are offered or exhibited for sale, but the agreement or offer to purchase is signed at a seller’s fixed location business establishment, a presumption arises that the sale was a home solicitation sale.

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Ohio Rev. Code Ann. § 1345.26.
Buyer's rights after cancellation.
If, following the cancellation of a home solicitation sale by the buyer, the seller fails to return any goods traded in by the buyer, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. Until division (D)(4) of section 1345.23 of the Revised Code has been complied with by the seller, the buyer may retain possession of the goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.

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Ohio Rev. Code Ann. § 1345.27.
Seller's rights after cancellation.
(c) An act or practice determined by a court of this state to violate section 1345.02, 1345.03, or 1345.031 of the Revised Code and committed after the decision containing the determination has been made available for public inspection under division (A)(3) of section 1345.05 of the Revised Code.

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Ohio Rev. Code Ann. § 1345.28.
Deceptive acts or practices
Failure to comply with sections 1345.21 to 1345.27 of the Revised Code constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code.

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Ohio Rev. Code Ann. § 1345.30.
Return of hearing aid; refund of consideration; receipt to include statement
(A) As used in this section and in section 1345.31 of the Revised Code:

(1) “Consumer” means a person who engages in a consumer transaction with a hearing aid dealer, hearing aid fitter, physician, or audiologist.

(2) “Consumer transaction” means a sale, lease, assignment, award by chance, or other transfer of a hearing aid.

(3) “Hearing aid” has the same meaning as in section 4747.01 of the Revised Code.

(B) A hearing aid dealer or hearing aid fitter licensed under Chapter 4747. of the Revised Code, a physician authorized under Chapter 4731. of the Revised Code to practice medicine and surgery or osteopathic medicine and surgery, or an audiologist licensed under Chapter 4753. of the Revised Code who enters into a consumer transaction with a consumer shall provide a refund to the consumer if the hearing aid is returned to the dealer, fitter, physician, or audiologist not later than thirty days after its original delivery. The refund shall be provided regardless of the reason for the hearing aid's return and regardless of whether the hearing aid is new, refabricated, or used. The thirty-day period for return of the hearing aid does not include any period during which the dealer, fitter, physician, or audiologist has possession or control of the hearing aid after its original delivery to the consumer or a person acting on the consumer's behalf.

A dealer, fitter, physician, or audiologist shall make original delivery of a hearing aid to a consumer or person acting on the consumer's behalf either by delivery in person or by certified mail, return receipt requested. The date of in-person delivery or the date shown on the certified mail return receipt is the hearing aid's original delivery for purposes of this division.

Not later than fifteen days after presentation by the consumer to the dealer, fitter, physician, or audiologist of proof of payment of the agreed-upon consideration for the hearing aid and return of the hearing aid in the condition in which it was received, except for normal wear and tear, the dealer, fitter, physician, or audiologist shall give the consumer a full refund of the consideration paid for the hearing aid, less the amount specified by the dealer, fitter, physician, or audiologist in the receipt required by division (C) of this section to cover expenses incurred in connection with the hearing aid.

If the hearing aid is returned in a damaged condition that is beyond normal wear and tear, the dealer, fitter, physician, or audiologist, not later than fifteen days after presentation of proof of payment and return of the hearing aid, shall give the consumer a full refund of the consideration paid for the hearing aid, less an amount equal to the cost of repairing the damage to the hearing aid and the amount the dealer, fitter, physician, or audiologist could withhold under this division had the hearing aid been returned in the condition that it was received, except for normal wear and tear.

(C) When a hearing aid dealer, hearing aid fitter, physician, or audiologist enters into a consumer transaction with a consumer, the dealer, fitter, physician, or audiologist shall notify the consumer of the provisions of division (B) of this section and provide the consumer a receipt for the hearing aid that includes the following statement typed in boldface type of the minimum size of ten points:

“RIGHT TO RETURN THE HEARING AID WITHIN 30 DAYS AND RECEIVE A REFUND

Under Ohio law (O.R.C. 1345.30), a consumer has the right to return a hearing aid for any reason within 30 days after it is originally delivered to the consumer or a person acting on the consumer's behalf and to receive a refund of the consideration paid for the hearing aid less an amount specified by the hearing aid dealer, hearing aid fitter, physician, or audiologist to cover expenses incurred in connection with the hearing aid not later than 15 days after presenting proof of payment for the hearing aid and returning it in the condition in which it was received, except for normal wear and tear. In this case the amount deducted from the refund will be $ _____.”

A hearing aid dealer or fitter shall include the statement in the receipt required by section 4747.09 of the Revised Code.

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Ohio Rev. Code Ann. § 1345.31.
Unfair or deceptive act or practice on failure to comply; enforcement powers of Attorney General; consumer's remedies.
The failure of a hearing aid dealer, hearing aid fitter, physician, or audiologist to comply with section 1345.30 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. All powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code as regards an unfair or deceptive act or practice are available to the attorney general to enforce section 1345.30 of the Revised Code, and all remedies available to consumers under section 1345.09 of the Revised Code to remedy violations of section 1345.02 of the Revised Code are available to consumers to remedy failure to comply with section 1345.30 of the Revised Code.

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Ohio Rev. Code Ann. § 1345.41.
Definitions.
As used in sections 1345.41 to 1345.50 of the Revised Code:

(A) “Prepaid entertainment contract” means a contract under which the buyer of a service pays for or becomes obligated to pay for service prior to the buyer's receipt of or enjoyment of any or all of the service and that is a contract for:

(1) Dance studio lessons, which include related services and instruction in ballroom or other types of dancing, and lessons whether given to students individually or in groups;

(2) Social referral service, which includes any service that, for a fee, provides matching of members of the opposite sex, by any means, for purposes of introduction, dating, or general social contacts;

(3) Martial arts training, whether or not the training will lead to a specific degree of expertise;

(4) Health spa service, which includes contracts for instruction, training, or assistance in physical culture, body-building, exercising, reducing, figure development, or any other similar activity or for the use of the facilities of a health spa, gymnasium, or other facility used for any purpose described in this division, or for membership in any group, club, association, or organization formed for any purpose described in this division.

“Prepaid entertainment contracts” do not include contracts for services rendered by any public or private nonprofit school, college, or university; by the state or any of its political subdivisions; or by any nonprofit religious, ethnic, or community organization.

(B) “Purchase price” means the total cumulative price of a prepaid entertainment service, whether under single or multiple contracts, including all interest and service charges.

(C) “Business day” means any calendar day except Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.

(D) “First service” means the first service rendered to the buyer under a prepaid entertainment contract that is typical of the type of service rendered throughout the course of the contract and that is not a special or an introductory service.

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Ohio Rev. Code Ann. §1345.42.
Requirements of prepaid entertainment contracts.

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Ohio Rev. Code Ann. § 1345.421.
Surety bond when facilities under construction.
If the facility that is the subject of the contract is under construction, and is not available for service at the time the buyer signs the contract, the seller shall maintain a surety bond issued by a surety company authorized to do business in this state the principal sum of which shall be a minimum of ten thousand dollars. The seller is relieved from the obligation to maintain the bond twenty-four months after completion of the facility and commencement of service. The bond shall be in favor of the state of Ohio for the benefit of any person injured by having paid moneys for the use of a facility which fails to open within one hundred eighty days after the date upon which the buyer and seller entered into a contract, or closes within twenty-four months after completion of a facility and commencement of service. However, the aggregate liability of the surety to all persons for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond. Evidence of the bond shall be available for inspection upon request by the office of the attorney general, current contract holders, or prospective buyers.

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Ohio Rev. Code Ann. § 1345.43.
Right to cancel.
(A)1 In addition to any right otherwise to revoke an offer or to terminate or cancel a sale or contract, the buyer has the right to cancel a prepaid entertainment contract until midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available at the time that the buyer signs the contract, the buyer has until midnight of the seventh business day after the date on which the first service under the contract is available to cancel the contract. Cancellation is evidenced by the buyer giving written notice of cancellation to the seller at the address of any facility available for use by the buyer under the contract. The buyer shall deliver the notice by telegram, manual delivery, personal delivery, or by certified mail delivery, return receipt requested. Notice of cancellation by certified mail delivery shall be effective upon the date of post marking. Telegram delivery is effective when the telegram is ordered. Manual delivery or personal delivery is effective when delivered to the seller or to the seller's address, whichever comes first. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the contract. Notice of the buyer's right to cancel must appear on all notes or other evidence of indebtedness given pursuant to any prepaid entertainment contract.

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Ohio Rev. Code Ann. 1345.44.
Form of contract.
(A) Every prepaid entertainment contract shall state the date on which the buyer actually signs. The seller shall give the buyer a copy of the contract that has been signed by the seller and complies with division (B) of this section.

(B) All of the following apply to any prepaid entertainment contract:

(1) A completed form, in duplicate, captioned “notice of cancellation,” shall be attached to the contract signed by the buyer and be easily detachable and shall contain in ten-point bold-face type, the following statement:

“NOTICE OF CANCELLATION

(Enter date of contract)

_ (Date)

You may cancel this contract for any reason at any time prior to midnight of the third business day after the date on which the first service under the contract is available, and if the facility or services that is the subject of the contract is not available when you sign the contract, you may cancel the contract at any time prior to midnight of the seventh business day after the date on which you receive your first service under the contract. If you cancel within this period, the seller must send you a full refund of any money you have paid, except that a reasonable expense fee not to exceed ten dollars may be charged if you have received your first service under the contract. The seller must also cancel and return to you within twenty business days any papers that you have signed.

To cancel this contract you must deliver in person, manually, or by certified mail, return receipt requested, the signed and dated copy of this cancellation notice or any other written notice of cancellation, or send a telegram, to (name of seller), at (the address of any facility available for use by you) not later than midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available when the contract was signed, not later than midnight of the seventh business day after the date on which the first service under the contract is available.

I hereby cancel this contract.

_ (Date)


(Buyer's signature)”


(Buyer's signature)”

(2) Before furnishing copies of the notice of cancellation to the buyer, the seller shall complete both copies by entering the name of the seller, the address of the seller's place of business, and the date of the contract.

(C) Until the seller has complied with this section, the buyer may cancel the contract by delivering to the seller by certified mail, personal or manual delivery, or telegraphing written notice of his intention to cancel. The period within which the buyer may cancel the contract prescribed by this section begins to run from the time of1 the seller complies with divisions (A) and (B) of this section.

(D) In any prepaid entertainment contract no seller shall:

(1) Include in any contract, any confession of judgment or any waiver of any rights to which the buyer is entitled under this section, including specifically his right to cancel the contract in accordance with this section;

(2) Fail to inform each buyer orally, at the time he signs the contract, of his right to cancel;

(3) Misrepresent in any manner the buyer's right to cancel;

(4) Fail or refuse to honor any valid notice of cancellation by a buyer and within ten business days after receipt of the notice to:

(a) Refund all payments made under the contract, except that if the buyer has received his first service under the contract the seller may retain or bill the buyer for ten dollars;

(b) Cancel and return any note, negotiable instrument, or other evidence of indebtedness executed by the buyer in connection with the contract and take any action necessary to reflect the termination of any security interest or lien created under the contract;

(c) Notify the buyer if the seller intends to repossess or abandon any evidence of membership or other goods provided to the buyer by the seller pursuant to the contract.

(E) If there is in effect an earlier prepaid entertainment contract, this section and section 1345.43 of the Revised Code apply to a transaction in which the seller and the buyer enter into a new prepaid entertainment contract, or a modification of the earlier contract.

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Ohio Rev. Code Ann.1345.45 Retention of notice of cancellation received by sellerIf a buyer cancels a prepaid entertainment contract pursuant to sections 1345.41 to 1345.50 of the Revised Code, the seller shall retain for the period in which an action to enforce the contract could be commenced, the notice of cancellation made pursuant to section 1345.43 of the Revised Code. If the date of delivery is not indicated or recorded on the notice of cancellation, the seller shall record the date of delivery on the notice of cancellation.

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Ohio Rev. Code Ann. § 1345.46.
Surrender of evidence of membership and goods.
Within twenty days after a prepaid entertainment contract has been canceled pursuant to sections 1345.41 to 1345.50 of the Revised Code, the buyer upon demand must deliver to the seller any evidence of membership or other goods provided to the buyer by the seller pursuant to the contract. The buyer may deliver evidence of membership or other goods provided under the contract by certified mail, manual delivery, or other personal delivery. The goods shall not be diminished in quantity nor subjected to unreasonable wear or use. If the seller fails to demand possession of the goods within twenty days of the buyer's notice of cancellation, the goods become the property of the buyer without obligation to pay for them. The buyer has the duty to take reasonable care of the goods in his possession before cancellation and twenty days thereafter, during which time the goods are otherwise at the seller's risk.

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Ohio Rev. Code Ann. § 1345.47.
Defenses available against holder in due course of note in connection with contract.
Notwithstanding section 1303.35 of the Revised Code, a buyer who executes a prepaid entertainment contract or a note in connection with such a contract may assert as a defense to a claim by a holder in due course, as defined in section 1303.32 of the Revised Code, any defense that the buyer may assert against the seller of the prepaid entertainment contract.

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Ohio Rev. Code Ann. § 1345.48.
Deceptive act or practice on failure to comply; damages.
(A) Failure to comply with sections 1345.41 to 1345.50 of the Revised Code constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code.

(B) If the seller of a prepaid entertainment contract fails to comply with division (D)(4)(a) of section 1345.44 of the Revised Code, the buyer may recover the amount of money due to him under that section and, in addition, may recover damages in an amount equal to the amount of money due to him and reasonable attorney's fees.

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Ohio Rev. Code Ann. § 1345.49.
Waiver of provisions void.
Any waiver by the buyer of the provisions of sections 1345.41 to 1345.50 of the Revised Code is contrary to public policy and is void.

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Ohio Rev. Code Ann. § 1345.50.
Remedies additional.
The remedies provided in sections 1345.41 to 1345.50 of the Revised Code are in addition to remedies otherwise available under state or local law.

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Ohio Rev. Code Ann. § 1345.51.
Consumer protection enforcement fund.
There is hereby created in the state treasury the consumer protection enforcement fund. The fund shall include civil penalties ordered pursuant to divisions (A) and (D) of section 1345.07 of the Revised Code and paid as provided in division (G) of that section, all civil penalties assessed under division (A) of section 1349.192 of the Revised Code, all costs awarded to the attorney general and all penalties imposed under section 4549.48 of the Revised Code, and all money unclaimed under section 4549.50 of the Revised Code. The money in the consumer protection enforcement fund shall be used for the sole purpose of paying expenses incurred by the consumer protection section of the office of the attorney general.

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Ohio Rev. Code Ann. § 1345.52.
Title defect recision fund.
There is hereby created in the state treasury the title defect recision fund. The fund shall consist of money collected under section 4505.09 of the Revised Code when a motor vehicle dealer is issued a certificate of title, money collected under section 4517.10 of the Revised Code when the registrar of motor vehicles grants the initial application of a person for a license as a motor vehicle dealer or motor vehicle leasing dealer, money paid to the attorney general by motor vehicle dealers under division (A)(2) of section 4505.181 of the Revised Code for deposit into the fund, the proceeds of all sales conducted and collections obtained by the attorney general under division (E) of that section, and any recoveries to the fund obtained by the attorney general in actions filed under section 1345.07 of the Revised Code for violations of section 4505.181 of the Revised Code.

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1345.61 DefinitionsAs used in sections 1345.61 to 1345.68 of the Revised Code:

(A) “Contract for invention development services” means a contract by which an invention developer undertakes invention development services for a customer.

(B) “Customer” means any person who enters into a contract for invention development services regarding an invention, except any person, other than an individual, who purchases invention development services as an adjunct to the traditional commercial enterprises in which it engages as a livelihood. “Customer” does not include a corporation.

(C) “Invention development services” means any act, including the evaluation, perfecting, marketing, brokering, or promoting of an invention, that is done by or for an invention developer in connection with the procurement or attempted procurement by the invention developer of a licensee or buyer of an intellectual property right in the invention.

(D) “Invention developer” means any person who offers to perform or performs for a customer any invention development services. “Invention developer” does not include any of the following:

(1) Any department or agency of the federal, state, or a local government;

(2) Any nonprofit, charitable, scientific, or educational organization that is tax exempt under section 501(a) and described in section 501(c)(3), or described in section 170(b)(1)(A), of the “Internal Revenue Code of 1954,” 68A Stat. 3, 26 U.S.C. 1, as amended, or any nonprofit, scientific, or educational organization qualified under a state nonprofit organization statute;

(3) Any attorney acting within the scope of the attorney's professional license;

(4) Any person duly registered before the United States patent and trademark office acting within the scope of that person's professional license;

(5) Any person who does not charge a fee for invention development services other than any payment made from a portion of the income received by a customer by virtue of invention development services performed by the person. For the purposes of this division, “fee” includes any payment made by the customer to the person including reimbursement for expenditures made or costs incurred by the person.

(E) “Invention” means a discovery, process, machine, design, formulation, product, concept, or idea, or any combination of them, whether patentable or not.

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Ohio Rev. Code Ann. § 1345.62.
Invention development services; contracts to be in writing; revocation.
(A) Every contract for invention development services shall be in writing and is subject to sections 1345.61 to 1345.68 of the Revised Code. The invention developer shall give a copy of the written contract to the customer at the time the customer signs the contract.

(B) The invention developer shall provide in writing a description of the services to be performed pursuant to each contract. At the time the customer signs the contract, it shall state the fees and other consideration, if any, that may be required of the customer.

(C) Any contract for invention development services signed by the invention developer and the customer may be revoked by either party prior to the expiration of a four working day period commencing on the date on which the customer and the invention developer sign the contract.

(D) The invention developer or the customer may revoke the contract as follows:

(1) Either the invention developer or the customer may revoke the contract by written notice to the other within four working days of the date the contract was signed by both. Written notice of revocation is effective upon the date of postmarking, if mailed, or upon receipt.

(2) The invention developer upon revocation shall return to the customer any payment made on account of the performance of services specified in the contract and the customer shall return all materials and contracts submitted to him by the invention developer.

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Ohio Rev. Code Ann. § 1345.63.
Notice to be on cover sheet; contents.
(A) Every contract for invention development services shall have a conspicuous and legible cover sheet attached to it with the following notice to the customer imprinted on the cover sheet in boldface type of not less than ten-point size, or in capital letters of a size not less than that used in a standard office typewriter:

“The purchase of invention development services is a high risk expenditure. The performance of the services detailed in the contract provides no guarantee or promise of profits, or that your invention or idea will be purchased by a manufacturer. Only a very small percentage of inventions have a chance at receiving profits. An invention developer can assist you in your efforts.”

(B) The cover sheet notice shall contain the name, home office address, and local office address of the invention developer.

(C) The cover sheet notice shall contain the items required by divisions (A) and (B) of this section and shall not contain anything except those items.

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Ohio Rev. Code Ann. § 1345.64.
Record to be kept of persons to whom idea submitted.
The invention developer shall maintain a record with respect to each contract which contains the name and address of each person to whom the customer's invention or idea is submitted, and the date of submission. The customer may request a copy of or inspect the record during normal working hours.

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Ohio Rev. Code Ann. § 1345.65.
Matters to be in boldface type.
Every contract for invention development services shall set forth in boldface type of not less than ten-point size, or in capital letters of a size not less than that used in a standard office typewriter, both of the following:

(A) The terms and conditions of payment and contract revocation rights required by section 1345.62 of the Revised Code.

(B) The name and principal place of business in Ohio of the invention developer. In the event that a substantial portion of the contractual services are to be performed outside of the state of Ohio, the name and address of the invention developer who will perform those services.

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Ohio Rev. Code Ann. § 1345.66.
Causes of action created.
(A) Any customer who is injured by a violation of sections 1345.61 to 1345.67 of the Revised Code has an action at law as provided by this section.

(B) A customer has a cause of action pursuant to this division to remedy any injury caused by the invention developer arising from:

(1) A violation of sections 1345.61 to 1345.67 of the Revised Code, or

(2) The customer's acceptance of the invention development services contract in reliance upon any fraudulent misrepresentation or omission of material fact.

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Ohio Rev. Code Ann. § 1345.67.
Invention developer to maintain bond; alternatives.
(A) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond in the amount of ten thousand dollars issued by a surety company that is authorized to do business in this state. The invention developer shall file a copy of the bond with the secretary of state prior to the time the invention developer first commences business in this state.

(B) The bond required by division (A) of this section shall be payable in favor of the state for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud, dishonesty, or the failure of the invention developer to provide the invention development services required in performance of the contract. Any person claiming against the bond may maintain an action against the invention developer and the surety. The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided in this section shall not exceed the amount of the bond.

(C) In lieu of furnishing the bond as required by this section, the invention developer may deposit with the secretary of state a deposit in an amount equal to the required amount of the bond. The deposit may be satisfied by any of the following:

(1) Certificates of deposit payable to the secretary of state issued by banks doing business in this state and insured by the federal deposit insurance corporation;

(2) Investment certificates of share accounts assigned to the secretary of state and issued by a savings and loan association doing business in this state and insured by the federal savings and loan insurance corporation;

(3) Cash.

(D) The bond or deposit required by this section shall be canceled or returned to the invention developer two years after he ceases doing business in this state so long as no lawsuits by Ohio customers are pending against it at the time. The secretary of state shall cancel or return the bond or deposit as required by this section no later than sixty days after the invention developer gives notice of his eligibility for the cancellation and return of the bond or deposit.

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Ohio Rev. Code Ann. § 1345.68.
Other rights maintained
Sections 1345.61 to 1345.68 of the Revised Code do not annul or limit any obligations, rights, or remedies that might otherwise be applicable or available under the laws of this state.

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Ohio Rev. Code Ann. § 1345.77.
Informal disputre resolution mechanism.
(A) The attorney general shall adopt rules for the establishment and qualification of an informal dispute resolution mechanism to provide for the resolution of warranty disputes between the consumer and the manufacturer, its agent, or its authorized dealer. The mechanism shall be under the supervision of the division of consumer protection of the office of the attorney general and shall meet or exceed the minimum requirements for an informal dispute resolution mechanism as provided by the “Magnuson-Moss Warranty Federal Trade Commission Improvement Act,” 88 Stat. 2183, 15 U.S.C. 2301, and regulations adopted thereunder.

(B) If a qualified informal dispute resolution mechanism exists and the consumer receives timely notification, in writing, of the availability of the mechanism with a description of its operation and effect, the cause of action under section 1345.75 of the Revised Code may not be asserted by the consumer until after the consumer has initially resorted to the informal dispute resolution mechanism. If such a mechanism does not exist, if the consumer is dissatisfied with the decision produced by the mechanism, or if the manufacturer, its agent, or its authorized dealer fails to promptly fulfill the terms determined by the mechanism, the consumer may assert a cause of action under section 1345.75 of the Revised Code.

(C) Any violation of a rule adopted pursuant to division (A) of this section is an unfair and deceptive act or practice as defined by section 1345.02 of the Revised Code.

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Ohio Rev. Code Ann. § 1345.78.
Unfair and deceptive acts or practices.
(A) Failure to comply with section 1345.76 of the Revised Code, in connection with a consumer transaction as defined in division (A) of section 1345.01 of the Revised Code, is an unfair and deceptive act or practice in violation of division (A) of section 1345.02 of the Revised Code.

(B) The attorney general shall investigate any alleged violation of division (D) of section 1345.76 of the Revised Code and, in an appropriate case, may bring an appropriate action in a court of competent jurisdiction, charging a manufacturer with a violation of that division.

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Ohio Admin. Code 109:4-1-01.
Statutory authority for promulgation.
This chapter is issued by the attorney general of Ohio pursuant to division (A)(2) of section 1345.05 of the Revised Code, and Amended Substitute Senate Bill 221 of the 112th General Assembly which require that the attorney general adopt as a rule a description of the organization of the attorney general's office, stating the general courses and methods of operation of an office of the office of the attorney general, which is to administer sections 1345.01 to 1345.13 of the Revised Code and methods whereby the public may obtain information or make submissions or requests, including a description of all forms and instructions used by that office. This rule is promulgated to serve the best interests of the public and to maintain reasonable and efficient internal management for the office of the attorney general, consumer protection section.

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Ohio Admin. Code 109:4-1-02. Purpose of the office of the Ohio attorney general, consumer protection section.The purpose of the office of the Ohio attorney general, consumer protection section is to protect the consuming public and to promote compliance by suppliers and other persons within its jurisdiction by enforcing the following laws, including but not limited to the Ohio Consumer Sales Practices Act, sections 1345.01 to 1345.13 of the Revised Code: the Ohio Home Solicitation Sales Act, sections 1345.21 to 1345.28 and 1345.99 of the Revised Code: the Ohio Prepaid Entertainment Contract Act, sections 1345.41 to 1345.51 of the Revised Code: the Ohio Odometer Rollback and Disclosure Act, sections 4549.41 to 4549.51 and 4549.99 of the Revised Code: the Ohio Telephone Solicitation Sales Act sections 4719.01 to 4719.18 and 4719.99 of the Revised Code: the Ohio Credit Service Organization Act Sections 4712.01 to 4712.14 and 4712.99 of the Revised Code: the Ohio Business Opportunity Purchaser’s Protection Act, 1334.01 to 1334.15 and 1334.99 of the Revised Code: the Ohio Anti-Pyramid Sales Law Sections 1333.91 to 1333.95 of the Revised Code; the Ohio Mortgage Broker’s Act, section 1322.01 to 1322.12 and 1322.99 of the Revised Code; the Ohio Condominium Sales Act, sections 5311.25 to 5311.27 of the Revised Code; and sections 1345.30, 1345.31, 1345.52, 1345.77, 1345.81, 1345.90 to 1345.95, 1317.21 to 1317.24 of the Revised Code, and any other state and/or federal laws designed to protect the rights of the consuming public consistent with the legal authority of the office of the attorney general..

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Ohio Admin. Code: 4-1-03. Objectives of the office of the Ohio attorney general, consumer protection section. (A) To inform and educate the consuming public and the suppliers of Ohio of their rights and responsibilities under the laws of this state;

(B) To receive and process complaints and inquiries regarding conduct governed by those laws referred to in rule 109:4-1-02 of the Administrative Code;

(C) To investigate practices which come to the attention of the consumer protection section by complaints or through its own inquiries and which may violate those laws referred to in rule 109:4-1-02 of the Administrative Code;

(D) To institute enforcement proceedings in order to promote compliance with and obtain those remedies available through those laws referred to in rule 109:4-1-02 of the Administrative Code;

(E) To conduct research, make inquiries, hold public hearings, and to publish studies relating to consumer transactions;

(F) To adopt, amend, and repeal substantive rules defining with reasonable specificity acts or practices which violate section 1345.02 or 1345.03 of the Revised Code;

(G) To conduct in-depth analyses of specific industry practices which may warrant investigatory hearings or new legislation;

(H) To carry on any other appropriate and necessary activities in order to effectuate the purposes of those laws referred to in rule 109:4-2-01 of the Administrative Code.

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Ohio Admin. Code 109:4-1-05.
Organization of the office of the Ohio attorney.
protection section shall be comprised of administrative, and education and community outreach, investigative, legal, and consumer assistance divisions. It shall be the function of these divisions to:

(A) Adopt, amend, and repeal procedural rules;

(B) Make available for public inspection all rules and all other written statements of policy or interpretations adopted or used by the office of the attorney general, consumer protection section in the discharge of its functions, together with all judgments, including supporting opinions, by courts of this state that determine the rights of the parties and concerning which appellate remedies have been exhausted, or lost by the expiration of the time for appeal, determining that specific acts or practices violate section 1345.02 or 1345.03 of the Revised Code;

(C) Inform consumers and suppliers on a continuing basis of acts or practices which violate section 1345.02 or 1345.03 of the Revised Code;

(D) Cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of comparable statutes;

(E) Report annually on or before the first day of January to the governor and general assembly on the operations of the office of the attorney general, consumer protection section in respect to sections 1345.01 to 1345.13 of the Revised Code, and on the acts or practices occurring in this state that violate such sections. The report shall include a statement of investigatory and enforcement procedures and policies, of the number of investigations and enforcement proceedings instituted and other activities of the state and of other persons to promote the purposes of sections 1345.01 to 1345.13 of the Revised Code;

(F) Conduct research, make inquiries, hold public hearings, and publish studies relating to consumer transactions;

(G) Adopt, amend, and repeal substantive rules defining with reasonable specificity acts or practices which violate sections 1345.02 and 1345.03 of the Revised Code;

(H) Without limiting the scope of activities of the consumer protection section of the office of the attorney general, and without limiting the responsibilities of each of the divisions of the consumer protection section, the following shall constitute the duties of each division:

(1) The administrative division shall:

(a) Direct and supervise the overall planing and operation of the consumer protection section;

(b) Propose the adoption, amendment, or rescission of procedural rules concerning the internal management of consumer protection section;

(c) Promulgate substantive rules in accordance with Chapter 119. of the Revised Code which define acts or practices which violate sections 1345.02 and 1345.03 of the Revised Code;

(d) Recommend to the attorney general appropriate disposition of petitions requesting adoption, amendment or repeal of substantive rules that are submitted pursuant to division (E) of section 1345.05 of the Revised Code;

(e) Cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of laws comparable to those set forth in rule 109:4-1-02 of the Administrative Code;

(f) Report annually on or before the first day of January to the governor and the general assembly on the operations of the office of the attorney general, consumer protection section in respect to sections 1345.01 to 1345.13 of the Revised Code, and on the acts or practices occurring in this state that violate such sections. The report shall include a statement of investigation and enforcement procedures and policies, of the number of investigations and enforcement proceedings instituted and of their disposition, and other activities of the state and of other persons to promote the purposes of sections 1345.01 to 1345.13 of the Revised Code.

(2) The investigative and complaint division shall:

(a) Receive and process complaints made by persons concerning events over which the consumer protection section has jurisdiction;

(b) Conduct investigations of matters coming to the attention of the consumer protection section by complaints or through its own inquiries to determine whether a person or group of persons is complying with those laws referred to in rule 109:4-1-02 of the Administrative Code;

(c) Recommend to the administrative division, based upon information received by it, that an enforcement proceeding against a person or group of persons be instituted to effectuate the purposes of those laws referred to in rule 109:4-1-02 of the Administrative Code;

(d) Participate in fact-finding and investigatory hearings to determine consumer problems, aid in the preparation of substantive rules, aid in the resolution of complaints, when appropriate, and aid in the preparation of enforcement proceedings when appropriate.

(3) The legal division shall:

(a) Make recommendations to the administrative division of enforcement proceedings which should be taken where it appears that a violation of those laws referred to in rule 109:4-1-02 of the Administrative Code has occurred;

(b) Take all necessary steps to effectuate those enforcement proceedings, as directed by the administrative division;

(c) Aid in the promulgation of substantive rules and participate in the conduct of public hearings, as directed by the administrative division.

(4) The public information/research division shall:

(a) Publicize the organization and operation of the consumer protection section and inform the public as to how to obtain information and make submissions or requests;

(b) Respond to inquiries concerning all rules and other written statements of policy or interpretations adopted or used by the office of the attorney general, consumer protection section in the discharge of its functions together with all judgments, including supporting opinions by courts of this state that determine the rights of the parties and concerning which appellate remedies have been exhausted, or lost by expiration of the time for appeal, determining that specific acts or practices violate those laws set forth in rule 109:4-1-02 of the Administrative Code. Such responses shall be consistent with the laws of this state governing confidential and/or privileged materials.

(5) The education and community outreach division may:

(a) Prepare publications or consumer education material for distribution to the public including placement on the attorney general website.

(b) Attend public events to distribute consumer education materials, to make presentations, and to collaborate with other agencies, organizations and persons interested in consumer advocacy issues.

(c) Plan, sponsor and conduct events for public participation in consumer advocacy issues.

(d) Train other agencies, organizations and persons on consumer protection best practices.

(e) Organize community groups to educate and advocate for their citizenry on consumer protection issues.

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Ohio Admin. Code 109:4-1-06.
Submission of complaints.
The following procedures apply to the submission of complaints by consumers:

(A) Complaints may be initiated either in writing, by telephone, fax, the internet or in person.

(B) Complaints should fully describe the consumer transaction. The consumer protection section shall proceed as soon as possible to evaluate complaints received that contain adequate information. The consumer protection shall send a complaint form to the complainant when, as determined by the attorney general, inadequate information is provided by letter, telephone, fax, the internet or in person.

(C) Upon receipt of complaints which have been filed in the manner described above, the consumer protection section shall take whatever action is deemed appropriate to effectuate the purposes of those laws referred to in rule 109:4-1-02 of the Administrative Code.

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Ohio Admin Code 109:4-1-07.
Obtaining information.
The public may obtain information which is a matter of public record or which is otherwise available under Chapter 1345. Of [sic.] the Revised Code or other controlling provisions thereof by requesting the information either by letter, telephone or in person. Requests should be presented in writing to the office of the Ohio attorney general consumer protection section in Columbus, Ohio.

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Ohio Admin. Code 109:4-3-01. Construction and purpose of rules; severability; definitions.(C) Any contract for invention development services signed by the invention developer and the customer may be revoked by either party prior to the expiration of a four working day period commencing on the date on which the customer and the invention developer sign the contract.

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Ohio Admin. Code 109:4-1-08.
Petitions requesting the adoption, amendment, or repeal of rules.
(A) In accordance with division (E) of section 1345.05 of the Revised Code, any person may petition the attorney general requesting the adoption, amendment, or repeal of a rule of the office of the attorney general, consumer protection section. Such petitions should be submitted in writing and in quadruplicate to the “Office of the Attorney General, Consumer Protection Section, State Office Tower, Columbus, Ohio 43215”. Upon receipt of such petitions, the attorney general shall consider such petitions on the basis of their constitutionality, legality, necessity, reasonableness and consistency with, and effect upon, existing law, other rules adopted, or proposed rules under consideration for adoption, by the office of the attorney general, consumer protection section. A petition shall contain the complete text of the proposed rule together with a statement of the basis for such rule.

(B) In accordance with division (E) of section 1345.05 of the Revised Code, the attorney general shall within sixty days of submission of a petition, either deny the petition in writing stating his reasons for the denial, or initiate rulemaking proceedings. There shall be no right of appeal from a denial of a petition.

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Ohio Admin. Code 109:4-1-09.
Making submissions and requests.
The public may make any submissions and requests not covered by rules 109:4-1-07 and 109:4-1-08 of the Administrative Code by doing so in writing. Such requests and submissions should be made to the “Office of the Attorney General, Consumer Protection Section, Columbus, Ohio, 43215.”

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Ohio Admin. Code 109:4-1-10.
Description of forms.
(A) The forms used by the office of the attorney general, consumer protection section shall include:

(1) The complaint form- The complaint form shall be available on the internet and/or sent to all consumers who wish to register consumer complaints via telephone and to those persons who have provided insufficient information. This form shall be designed to elicit complete information from the consumer regarding the transaction with and complaint against the supplier, or complaints determined to be within the jurisdiction of the consumer protection section.

(2) Public records request- A public records request form shall be available on the internet or sent to any person requesting a public record in order to obtain specific information needed to complete the request.

(3) Education/community outreach request- A form shall be available on the internet for requesting a speaker or participant at any public event.

(4) Registration forms- Forms shall be available for submission of all supplier registration requirements including telemarketing, title defect recision, dispute resolution programs and debt adjuster audits.

(B) The consumer protection section shall utilize such other forms as may be deemed appropriate to further the objectives set out in this rule.

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Ohio Admin. Code 109:4-1-12.
Notice of public meetings.
(A) This rule is adopted by the office of the attorney general, consumer protection section, pursuant to section 119.03 of the Revised Code, and in compliance with section 121.22 of the Revised Code.

(B) Any person may obtain reasonable notification of the time and place of all regularly scheduled meetings and the time, place, and purpose of all special meetings which are held by the office of the attorney general, consumer protection section, for the purpose of conducting public hearings pursuant to division (B)(1) of section 1345.05 of the Revised Code by requesting such advance notification from the “Administrative Division of the Consumer Protection Section, Office of the Attorney General, State Office Tower, Columbus, Ohio 43215.” Such request shall be in writing and include self-addressed, stamped envelopes. Notice of the time, place and type of business to be discussed at the meeting will be mailed to such persons at least four calendar days before the meeting unless the meeting is an emergency meeting.

(C) Any representative of the news media may obtain twenty-four hours advance notification of a special meeting which is to be held for the purpose of conducting public hearings pursuant to division (B)(1) of section 1345.05 of the Revised Code by requesting such advance notification from the administrative division of the consumer protection section. Such request shall be in writing and include the proper name of the recipient of such notification, the mailing address and telephone number.

(D) Any representative of the news media may obtain immediate notification of the time, place and purpose of any emergency meeting of the office of the attorney general, consumer protection section, which is to be held for the purpose of conducting public hearings pursuant to division (B)(1) of section 1345.05 of the Revised Code by requesting such advance notification from the administrative division of the consumer protection section. Such request shall be in writing and include the proper name of the recipient of such notification, the mailing address and telephone number.

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Ohio Admin. Code 109:4-1-13.
Severability
Each division of this rule and every part of each division is an independent division and part of a division, and the holding of any division or part thereof to be unconstitutional, void or ineffective for any cause, including failure to comply with Chapter 119. of the Revised Code, shall not affect the validity or constitutionality of any other division or part.

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Ohio Admin. Code 109:4-3-01.
Construction and purpose of rules; severability; definitions.
(A) Purposes, rules of construction

(1) These substantive rules (rule 109:4-3-01 of the Administrative Code, etc.) are adopted by the office of the attorney general pursuant to division (B) of section 1345.05 and Chapter 119. of the Revised Code. Without limiting the scope of any section of the Revised Code or any other rule, these rules shall be liberally construed and applied to promote their purposes and policies.

(2) The purposes and policies of these rules are to:

(a) Define with reasonable specificity acts and practices which violate section 1345.02 or 1345.03, or 1345.031 of the Revised Code;

(b) Protect consumers from suppliers who engage in referral selling, commit deceptive acts or practices, or commit unconscionable acts or practices;

(c) Encourage the development of fair consumer sales practices.

(3) Any substantive rules adopted by the office of the attorney general pursuant to division (B) of section 1345.05 and Chapter 119. of the Revised Code are subject to all remaining provisions of Chapter 1345. of the Revised Code, including, without limitation, the bona fide error provisions of division (A) of section 1345.11 of the Revised Code.

(B) Severability

Each substantive rule and every part of each substantive rule is an independent rule and section of a rule, and the holding of any rule or paragraph of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or paragraph of a rule.

(C) Definitions

(1) “Goods” means all things (including specially manufactured goods) which are movable at time of identification to the contract for sale other than the money in which the price is to be paid, securities (as they are defined in Chapter 1707. of the Revised Code), and things in action.

(2) “Services” means performance of labor for the benefit of another. Services include, but are in no way limited to, the construction of a single-family dwelling unit by a supplier on the real property of a consumer.

(3) “Offer” means any attempt to effect, or solicitation of an offer to enter into a consumer transaction by agent, advertisement, or otherwise.

(4) “Sale” includes sale, lease, assignment, award by chance or other transfer of an item of goods, a service, franchise, or an intangible.

(5) “Advertisement” means any electronic, written, visual, or oral communication made to a consumer by means of personal representation, newspaper, magazine, circular, billboard, direct mailing, sign, radio, television, telephone or otherwise, which identifies or represents the terms of any item of goods, service, franchise, or intangible which may be transferred in a consumer transaction.

(6) “Knowledge,” “knowingly,” “knowing,” or “known” means that there is actual awareness, but such actual awareness may be inferred where objective manifestations indicate that the individual acted with such awareness.

(7) “Instruct” or “instructing” means to in any way direct, order, or inform.

(8) “Inducing” or “induce” means to persuade or influence in any way.

(9) “Coercing” or “coerce” means to force or pressure to act.

(10) “Compensate” means to promise or provide anything of value, and includes, without limitation, money, goods, services or the promise of continuing or future employment.

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Ohio Admin. Code 109:4-3-02.
Exclusions and limitations in advertisements.

(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier, in the sale or offering for sale of goods or services, to make any offer in written or printed advertising or promotional literature without stating clearly and conspicuously in close proximity to the words stating the offer any material exclusions, reservations, limitations, modifications, or conditions. Disclosure shall be easily legible to anyone reading the advertising or promotional literature and shall be sufficiently specific so as to leave no reasonable probability that the terms of the offer might be misunderstood.

(2) The following are examples of the types of material exclusions, reservations, limitations, modifications, or conditions of offers which must be clearly stated:

(a) An advertisement for any motor vehicle must disclose the amount of any additional charge for any of the features displayed in the advertisement.

(b) An advertisement for an article of clothing must state that there is an additional charge for sizes above or below a certain size if such is the case.

(c) An advertisement which offers floor covering with an additional charge for room sizes above or below a certain size must disclose the nature and amount of any additional charge.

(d)

(i) An advertisement for a service or item of goods sold from more than one outlet under the direct control of the supplier causing the advertisement to be made must state:

(a) Which outlets within the area served by the publication in which the advertisement appears either have or do not have certain features mentioned in the advertisement;

(b) Which outlets within the area served by the publication in which the advertisement appears charge rates higher than the rate mentioned in the advertisement. For example: “Car Rental – seven dollars a day at the Main Street office – all other locations are more.”

(ii) An advertisement for a service or item of goods sold from outlets not under the direct control of the supplier causing the advertisement to be made does not violate paragraph (A)(2)(d)(i)(a) or (A)(2)(d)(i)(b) of this rule if it states that the service or item of goods is available only at participating independent dealers.

(e) If the advertised price is available only during certain hours of the day or certain days of the week, that fact must be stated along with the hours and days the price is available.

(f) If the advertisement involves or pictures more than one item of goods (for example: a table and chairs) and the advertised price applies only if the complete set is purchased, that fact must be stated.

(g) If there is a minimum amount (or maximum amount) that must be purchased for the advertised price to apply, that fact must be stated.

(h) If an advertisement specifies a price for an item of goods which includes a trade-in, that fact must be stated. For example: “four tires for fifty dollars plus four tires off your car.”

(i) If there is an additional charge for delivery or mail orders, that fact must be disclosed.

(j) If an advertisement offers a rebate that requires repeat purchases by a consumer, that information must be disclosed, including, but not limited to, the required number of purchases, the amount of each of the purchases, the time frame over which the purchases need to be made, and any other actions required by the consumer to redeem the rebate.

(3) These examples are intended to be illustrative only and do not limit the scope of any section of the Revised Code or of this or any other rule or regulation.

(B) Offers made through radio or television advertising must be preceded or immediately followed by a conspicuously clear and oral statement of any exclusions, reservations, limitations, modifications, or conditions.

(C) A statement of exclusions, reservations, limitations, modifications, or conditions which appears in a footnote to an advertisement to which reference is made in the advertisement by an asterisk or other symbol placed next to the offer being limited is not in close proximity to the words stating the offer.

(D) It is a deceptive act or practice in connection with an offer made on the internet, to make any offer without stating clearly and conspicuously, in close proximity to the words stating the offer, any material exclusions, reservations, limitations, modifications, or conditions. Disclosures should be as near to, and if possible on the same screen, as the triggering offer. If scrolling or a hyperlink is necessary to view the disclosure, the advertisement should guide consumers with obvious terms or instructions to scroll down or click on the hyperlink. Hyperlinked disclosures should lead directly to the disclosed information and not require scrolling or clicking on any additional hyperlinks

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Ohio Admin. Code 109:4-3-03.
Bait advertising/unavailability of goods.
(A) Definitions: For the purposes of this rule, the following definitions shall apply:

(1) “Raincheck” means a written document evidencing a consumer’s entitlement to purchase advertised items at an advertised price within the time limits set forth in paragraph (C) of this rule. Rainchecks shall be executed in duplicate, one copy being given to the consumer and one copy being kept by the issuing supplier, and shall contain at least the following information:

(a) The name and address of the supplier;

(b) The name, address and phone number of the consumer;

(c) A description of the item to be purchased, including the model, make and year, if relevant;

(d) The quantity entitled to be purchased by the consumer;

(e) The advertised price of the item;

(f) The date of issuance.

(2) “Salesperson” means the supplier or the supplier’s agent or employee who interacts personally or directly with a consumer in negotiating or effecting a consumer transaction.

(3) “Special purchase items” means items which are not currently or normally carried by a supplier in its regular stock of goods and that will not be re-offered for sale as a special-purchase item by the supplier for at least six months after the advertised promotion.

(4) “Clearance items” means items which have been carried by a supplier in its regular stock of goods, which have been discontinued as regular stock, and which will not be re-offered for sale for at least six months after the advertised promotion.

(5) “Seasonal items” means items which are carried by a supplier as regular stock only at certain periods during a calendar year, and which will not be re-offered for sale until the beginning of the next season in which the supplier regularly carries such items.

(B) Bait advertising

It shall be a deceptive and unfair act or practice for a supplier to make an offer of sale of any goods or services when such offer is not a bona fide effort to sell such goods or services. An offer is not bona fide if:

(1) A supplier uses a statement or illustration or makes a representation in any advertisement which would create in the mind of a reasonable consumer, a false impression as to the grade, quality, quantity, make, model, year, price, value, size, color, utility, origin or any other material aspect of the offered goods or services in such a manner that, upon subsequent disclosure or discovery of the facts, the consumer may be induced to purchase goods or services other than those offered;

(2) The first contact or interview with the consumer is secured by the supplier through deception, even if the relevant facts of the offer are disclosed to the consumer before the consumer views the offered goods or services;

(3) A supplier discourages the purchase or sale of the offered goods or services by any means, including but not limited to the following:

(a) The refusal to show, demonstrate or sell the offered goods or services in accordance with the terms of the offer;

(b) Disparagement by the supplier of the offered goods or services;

(c) The showing or demonstrating of offered goods or services which are unusable or impractical for the purposes represented, or materially different from the offered goods or services;

(d) The use of a sales plan or method of compensation of sales personnel which is designed to penalize or prevent a salesperson from selling the advertised goods or services;

(e) The failure of a supplier to have on hand at each of its outlets or available for immediate delivery a sufficient quantity of the offered goods or services to meet reasonably anticipated consumer demand, unless the supplier complies with the provisions of paragraph (C)(1)(b) or (C)(1)(c) of this rule concerning unavailability of goods.

(4) A supplier, in the event of a sale to the consumer of the offered goods or services, attempts to persuade a consumer to repudiate the purchase of the offered goods or services and purchase other goods or services in their stead, by any means, including but not limited to the following:

(a) Accepting a consideration for the offered goods or services, then switching the consumer to other goods or services;

(b) Failing to make delivery of the offered goods or services (or, with the consent of the consumer, substituting goods or services of equal or greater value) within a reasonable time, or to make a refund;

(c) Delivering offered goods or services which are unusable or impractical for the purposes represented or materially different from the offered goods or services.

The purchase on the part of some consumers of the offered goods or services is not in itself prima facie evidence that the offer is bona fide.

(C) Unavailability of goods

It shall be a deceptive and unfair act or practice for a supplier, in connection with an advertised offer for sale of goods or services, to:

(1) Fail to give a raincheck to any consumer after the original quantity of goods or services represented for sale by an out-of-store advertisement is exhausted unless:

(a) For any item whose advertised price exceeds one hundred dollars the supplier at the time of the advertised offer had a sufficient supply of the advertised goods or services to meet the reasonably expected consumer demand, and the supplier shall document upon request that the supplier’s estimate of reasonably expected consumer demand was based upon the following factors:

(i) Previous recent offers of same or similar goods or services on sale by such supplier at similar savings or prices;

(ii) Scope, manner and frequency of advertising employed to promote the sale of such item;

(iii) The existence of any significant current circumstances or events which causes or could be expected to cause an increased or decreased consumer response for the offered items of goods and services, or;

(b) The minimum quantity of the advertised goods or services available to each of the supplier’s outlets is clearly and conspicuously disclosed in the advertisement, i.e., “at least ten in stock”, or;

(c) The advertisement clearly and conspicuously discloses that the offered goods or services are “special purchase”, “seasonal” or “clearance” items and that no rainchecks will be given, or;

(d) The supplier permits the consumer, in lieu of a raincheck, at the consumer’s option, to purchase another similar or comparable item of equal or greater value in stock at a savings equal to the greater of the net difference in dollars between the former and advertised prices of the item, or the percentage of savings on the advertised price of the item compared to its former price.

(2) Fail to honor a raincheck within sixty days of the day of its issuance to a consumer or within the specific time extension agreed to by the consumer pursuant to paragraph (C)(5) of this rule.

(3) Fail to notify the consumer holding a raincheck pursuant to paragraph (C)(1) of this rule of the availability of the out-of-stock item within fourteen days of its re-availability by the method most reasonably designed to inform the consumer of the availability, except a supplier may be exempt from such notification if a specific availability date is clearly and conspicuously disclosed on the raincheck and such date of availability does not exceed twenty-one days from the date of issuance of the raincheck. In the event that such raincheck item does not in fact become available to the consumer within twenty-one days, the supplier shall permit the consumer, at the consumer’s option, to substitute another similar or comparable in-stock item.

(4) Re-advertise the out-of-stock item prior to notification to consumers holding rainchecks for the item, pursuant to paragraph (C)(3) of this rule. However, after the advertisement has been placed with the media by the supplier and is no longer within the control of the supplier, repetition of the previously placed advertisement by the media shall not constitute re-advertisement within the meaning of this rule.

(5) Fail, in the event an out-of-stock item is not available within sixty days of issuance of a raincheck, to notify the consumer holding the raincheck and permit the consumer, at the option of the consumer, to either purchase another similar or comparable in-stock item pursuant to paragraph (A)(3) of this rule or consent to a specific time extension within which the raincheck item will be provided.

(6) Fail, in the event a supplier notifies a consumer of the re-availability of an item, and the consumer attempts to redeem their raincheck within the period prescribed by this rule, but the item is again unavailable at the time of the attempted redemption, to permit the consumer, at the consumer’s option, to purchase another similar or comparable in-stock item pursuant to paragraph (A)(3) of this rule.

(7) Fail to document upon request the specific factors relied upon to arrive at a sufficient supply of the advertised goods or service to meet the reasonably expected consumer demand when a raincheck is not given to a consumer for such item of goods or service.

(8) Fail to redeem or otherwise honor a raincheck presented by a consumer within fourteen days of either notification of availability or the specific availability date pursuant to paragraph (C)(3) of this rule.

(D) The provisions of this rule shall have no application to consumer transactions involving the advertisement or sale of a motor vehicle as that term is defined in division (B) of section 4501.01 of the Revised Code and to any advertisement which solicits orders of goods or services through a catalogue or similar device for subsequent consumer delivery from a catalogue merchandise distribution center or similar facility which is not utilized primarily as a retail store.

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Ohio Admin. Code 109:4-3-04.
Use of word "free" etc.
(A) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to use the word “free” or other words of similar import or meaning, except in conformity with this rule. It is the express intent of this rule to prohibit the practice of advertising or offering goods or services as “free” when in fact the cost of the “free” offer is passed on to the consumer by raising the regular (base) price of the goods or services that must be purchased in connection with the “free” offer. In the absence of such a base price a “free” offer is in reality a single price for the combination of goods or services offered, and the fiction that any portion of the offer is “free” is inherently deceptive.

(B) For the purposes of this rule, all references to the word “free” shall include within that term all other words of similar import and meaning. Representative of the word or words to which this rule is applicable would be the following: “Free;” “Buy 1, Get 1 Free;” “2 for 1 Sale;” “50% Off with Purchase of 2.” Offers of “free” items of goods or services which may be deceptive for failure to meet the provisions of this rule may not be corrected by the substitution, for the word “free,” of such similar words and terms as “gift,” “given without charge,” “bonus,” or other words and terms which tend to convey to the consuming public the impression that an item of goods or services is “free.”

(C) When using the word “free” in a consumer transaction, all the terms, conditions, and obligations upon which receipt and retention of the “free” goods or services are contingent shall be set forth clearly and conspicuously at the outset of the offer. Terms, conditions, and obligations of the offer must be printed in a type size half as large as the word “free,” and all of the terms, conditions, and obligations should appear in close proximity with the offer of “free” goods or services. Disclosure of the terms of the offer set forth in a footnote of an advertisement to which reference is made by an asterisk or other symbol placed next to the offer is not regarded as making disclosure at the outset.

(D) In a consumer transaction in which goods or services are offered as “free” upon the purchase of other goods or services the supplier must insure:

(1) That the unit regular price charged for the other goods or services is not increased, or if there is no unit regular price, the unit price charged for the other goods or services is continued for a reasonable period of time;

(2) That the regular quality of the other goods or services is not reduced, or if there is no regular quality, the quality level of the other goods and services is continued for a reasonable period of time;

(3) That no other conditions are attached to the offer except for the basic condition that the other goods or services must be purchased in order for the consumer to be entitled to the “free” goods or services.

(E) Only the supplier’s regular price for the goods or services to be purchased may be used as the basis for a “free” offer. It is, therefore, a deceptive act or practice for a supplier to offer “free” goods or services based on a price which exceeds the supplier’s regular price for other goods or services required to be purchased. Likewise, it is a deceptive act or practice for a supplier to make a “free” offer when the price of other goods or services required to be purchased is based on a price being charged by others in the supplier’s trade area for the same or similar goods or services when, in fact, such price is in excess of the supplier’s regular price.

(F)

(1) “Regular price” means the price at which the goods or services are openly and actively sold by a supplier to the public on a continuing basis for a substantial period of time. A price is not a regular price if:

(a) It is not the supplier’s actual selling price;

(b) It is a price which has not been used in the recent past; or

(c) It is a price which has been used only for a short period of time.

(2) “Regular quality” means the quality level at which the goods and services are openly and actively sold by the supplier to the public on a continuing basis for a substantial period of time. A quality level is not a regular quality if:

(a) It is not the supplier’s actual quality level;

(b) It is a quality level that has not been used in the recent past; or

(c) It is a quality level which has been used only for a short period of time.

(G) It is recognized that some goods and services are almost never sold at a single regular price, but are instead sold by means of individual negotiated transactions. A supplier of goods or services sold in negotiated transactions is not precluded by this rule from making a “free” offer provided the supplier is able to establish a mean average price immediately prior to the “free” offer, the goods or services are fungible, and the mean average price during the “free” offer does not exceed the mean average price immediately prior thereto.

(H) Continuous or repeated “free” offers are deceptive acts or practices since the supplier’s regular price for goods to be purchased by consumers in order to avail themselves of the “free” goods will, by lapse of time, become the regular price for the “free” goods or services together with the other goods or services required to be purchased. Under such circumstances, therefore, an offer of “free” goods or services is merely illusory and deceptive.

(I) This rule does not preclude the use of nondeceptive, “combination” offers in which two or more items of goods and/or services such as toothpaste and a toothbrush, or soap and deodorant, or clothing and alterations are offered for sale as a single unit at a single stated price, and in which no representation is made that the price is being paid for one item and the other is “free.” Similarly, suppliers are not precluded from setting a price for an item of goods or services which also includes furnishing the consumer with a second, distinct item of goods or services at one inclusive price if no representation is made that the latter is free.

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Ohio Admin. Code 109:4-3-05.
Repairs or services.
(A) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service where the anticipated cost exceeds twenty-five dollars and there has been face to face contact between the consumer or the consumer’s representative and the supplier or the supplier’s representative, prior to the commencement of the repair or service for a supplier to:

(1) Fail, at the time of the initial face to face contact and prior to the commencement of any repair or service, to provide the consumer with a form which indicates the date, the identity of the supplier, the consumer’s name and telephone number, the reasonably anticipated completion date and, if requested by the consumer, the anticipated cost of the repair or service. The form shall also clearly and conspicuously contain the following disclosures in substantially the following language:

“Estimate

You have the right to an estimate if the expected cost of repairs or services will be more than twenty-five dollars. Initial your choice:

_____written estimate

_____oral estimate

_____no estimate”

(2) Fail, where no portion of a repair or service is to be performed at the consumer’s residence, to post a sign in a conspicuous place within that area of the supplier’s place of business to which consumers requesting any repair or service are directed by the supplier or to give the consumer a separate form at the time of the initial face to face contact and prior to the commencement of any repair or service which clearly and conspicuously contains the following language:

“Notice

If the expected cost of a repair or service is more than twenty-five dollars, you have the right to receive a written estimate, oral estimate, or you can choose to receive no estimate before we begin work. Your bill will not be higher than the estimate by more than five dollars or ten per cent, whichever is greater, unless you approve a larger amount before repairs are finished. Ohio law requires us to give you a form so that you can choose either a written, oral, or no estimate.”

(3) Fail, where a consumer requests a written estimate of the anticipated cost of repairs or services, to make a bona fide effort during the initial face to face contact to provide the written estimate on the form required by paragraph (A)(1) of this rule;

(4) Fail, where a consumer requests a written or oral estimate, to give the estimate to the consumer before commencing the repair or service.

(B) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either a repair or a service where the anticipated cost exceeds twenty-five dollars and where any portion of the repair or service is to be performed at the consumer’s residence, for a supplier to fail to orally inform the consumer at the time of the initial face to face contact and prior to the commencement of any repair or service, of the consumer’s right to receive a written or oral estimate and to provide the consumer with a form which conforms to the requirements of paragraph (A)(1) of this rule. For purposes of this paragraph, where a supplier performs any part of a repair or service at a consumer’s residence, the repair or service shall not be deemed to have been commenced until the supplier arrives at the consumer’s residence.

(C) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either a repair or a service where there has not been face to face contact between the consumer or the consumer’s representative and the supplier or the supplier’s representative prior to the commencement of the repair or service for a supplier to:

(1) Fail, upon the first contact with the consumer, to inform the consumer orally of the consumer’s right to receive an oral or written estimate of the anticipated cost of the repair or service;

(2) Fail, where the consumer requests an oral estimate, to give the oral estimate to the consumer before commencing the repair or service;

(3) Fail, where the consumer requests a written estimate, to prepare a written estimate, inform the consumer that the estimate is available, and upon the consumer’s request, give the estimate to the consumer before commencing the repair or service.

(D) In any consumer transaction involving the performance of any repair or service it shall be a deceptive act or practice for a supplier to:

(1) Make the performance of any repair or service contingent upon a consumer’s waiver of any rights provided for in this rule;

(2) Fail, in those cases where an estimate has been requested by a consumer, and the anticipated cost of the repair is fifty dollars, or less, to obtain oral or written authorization for the anticipated cost of any additional, unforeseen, but necessary repairs when the cost of those repairs exceeds five dollars (excluding tax);

(3) Fail, in those cases where an estimate has been requested by a consumer, and the anticipated cost of the repair or service exceeds fifty dollars, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs when the cost of those repairs amounts to ten per cent or more (excluding tax) of the original estimate;

(4) Fail, where the anticipated cost of a repair or service is less than twenty-five dollars and an estimate has not been given to the consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the total cost of the repairs or services, if performed, will exceed twenty-five dollars;

(5) Fail to disclose prior to acceptance of any item of goods for inspection, repair, or service, that in the event the consumer authorizes commencement but does not authorize completion of a repair or service, that a charge will be imposed for disassembly, reassembly, or partially completed work. Any charge so imposed must be directly related to the actual amount of labor or parts involved in the inspection, repair or service;

(6) Charge for any repair or service which has not been authorized by the consumer;

(7) Fail to disclose upon the first contact with the consumer that any charge not directly related to the actual performance of the repair or service will be imposed by the supplier, including but not limited to service charges, charges imposed by the supplier for traveling to the consumer’s residence, or charges for diagnosis, whether or not repairs or services are performed;

(8) Represent that repairs or services are necessary when such is not the fact;

(9) Represent that repairs have been made or services have been performed when such is not the fact;

(10) Represent that an item of goods or any part thereof which is being inspected or diagnosed for a repair or service is in a dangerous condition, or that the consumer’s continued use of it may be harmful, when such is not the fact;

(11) Materially understate or misstate the estimated cost of the repair or service;

(12) Fail to provide the consumer with a written itemized list of repairs performed or services rendered, including a list of parts or materials and a statement of whether they are used, remanufactured, or rebuilt, if not new, and the cost thereof to the consumer, the amount charged for labor, and the identity of the individual performing the repair or service;

(13) Fail to tender to the consumer any replaced parts, unless the parts are to be rebuilt or sold by the supplier, or returned to the manufacturer in connection with a warranted repair or service, and such intended reuse or return is made known to the consumer prior to commencing any repair or service;

(14) Fail to provide to the consumer upon the consumer’s request a written, itemized receipt for any item of goods that is left with, or turned over to, the supplier for repair or service. Such receipt shall include:

(a) The identity of the supplier which will perform the repair or service;

(b) The name and signature of the supplier or a representative who actually accepts the goods;

(c) A description including make and model number or such other features as will reasonably identify the goods to be repaired or serviced;

(d) The date on which the goods were left with or turned over to the supplier.

(15) Fail, at the time of the signing or initialing of any document by a consumer, to provide the consumer with a copy of the document;

(16) Fail to disclose to the consumer prior to the commencement of any repair or service, that any part of the repair or service will be performed by a person other than the supplier or his employees if the supplier disclaims any warranty of the repair or service performed by that person, the nature of the repair or service which that person will perform, and if requested by the consumer, the identity of that person;

(17) Represent that repairs or services must be performed away from the consumer’s residence when such is not the fact.

(E) The sign or form required by paragraph (A)(2) of this rule shall be printed in such a size and manner so that the notice is easily legible. Additional disclosures required by this rule may be incorporated into the sign or form so long as the language required by paragraph (A)(2) of this rule prominently appears as the first listed disclosure. Where a supplier gives written estimates to consumers prior to the commencement of any repair or service regardless of the anticipated cost of repairs or services, the language in the form required by paragraph (A)(1) of this rule and the sign or form required by paragraph (A)(2) of this rule may be modified to disclose that fact.

(F) The form required by paragraph (A)(1) of this rule may be separate or may be incorporated into another form used by the supplier as long as the required disclosures are easily legible and clearly and conspicuously appear on the form. Nothing in this rule shall preclude a supplier from incorporating into the same form additional disclosures required by this rule.

(G) In lieu of complying with the requirements of paragraphs (A), (B), and (C) of this rule, a supplier may provide a consumer, prior to the commencement of any repair or service, with a written quotation of the price at which the repair or service will be performed, which shall indicate that the quotation shall be binding upon the supplier for a period of five days, provided that the subject of the consumer transaction is made available to the supplier for the repair or service within that period.

(H) The provisions of this rule shall have no application to consumer transactions involving the repair or service of a “motor vehicle” as that term is defined in division (B) of section 4501.01 of the Revised Code.

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Ohio Admin. Code 109:4-3-06.
Prizes.
(A) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to in any way notify any consumer or prospective consumer that the consumer has

(1) Won a prize or will receive anything of value, or

(2) Been selected, or is eligible, to win a prize or receive anything of value, if the receipt of the prize or thing of value is conditioned upon the consumer’s listening to or observing a sales promotional effort or entering into a consumer transaction, unless the supplier clearly and conspicuously discloses, at the time of notification of the prize, that an attempt will be made to induce the consumer or prospective consumer to undertake a monetary obligation irrespective of whether that obligation constitutes a consumer transaction. The supplier must further disclose the market value of the prize or thing of value, that the prize or thing of value could not benefit the consumer or prospective consumer without the expenditure of the consumer’s or prospective consumer’s time or transportation expense, or that a salesperson will be visiting the consumer’s or prospective consumer’s residence, if such is the case.

(B) A statement to the effect that the consumer or prospective consumer must observe or listen to a “demonstration” or promotional effort in connection with a consumer transaction does not satisfy the requirements of this rule, unless the consumer or prospective consumer is told that the purpose of the demonstration is to induce the consumer or prospective consumer to undertake a monetary obligation irrespective of whether that obligation constitutes a consumer transaction.

(C) The following example illustrates a violation of this rule as a result of a lack of disclosure relative to a promotional presentation which is not a consumer transaction:

A free vacation is offered in connection with the purchase of a set of encyclopedias. All disclosures required by this rule are made except that during the vacation the consumer is required to observe a sales presentation for real estate. An offer to sell real estate is not a consumer transaction, but it is an attempt to induce the consumer to undertake a monetary obligation, and such attempt was initiated in connection with a consumer transaction (the sale of encyclopedias).

(D) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to in any way notify any consumer or prospective consumer that the consumer has:

(1) Won a prize or will receive anything of value, if such is not the case; or

(2) Been selected, or is eligible, to win a prize or receive anything of value, if the receipt of the prize or thing of value is conditioned upon the payment of a service charge, handling charge, mailing charge, or other similar charge; or

(3) Been selected, or is eligible, to win a prize or receive anything of value unless the supplier clearly and conspicuously discloses to the consumer any and all conditions necessary to win the prize or receive anything of value.

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Ohio Admin. Code 109:4-3-07.
Deposits.
It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to accept a deposit unless the following conditions are met:

(A) The deposit obligates the supplier to refrain for a specified period of time from offering for sale to any other person the goods in relation to which the deposit has been made by the consumer if such goods are unique; provided that a supplier may continue to sell or offer to sell goods on which a deposit has been made if he has available sufficient goods to satisfy all consumers who have made deposits;

(B) At the time of the initial deposit the supplier must provide to the consumer a dated written receipt stating clearly and conspicuously the following information:

(1) Description of the goods and/or services to which the deposit applies, (including model, model year, when appropriate, make, and color);

(2) The cash selling price and the amount of the deposit. “Cash selling price”, for purpose of this rule, as it relates to motor vehicle transactions, includes all discounts, rebates and incentives;

(3) Allowance on the goods to be traded in or other discount, if any;

(4) Time during which any option given is binding;

(5) Whether the deposit is refundable and under what conditions, provided that no limitation on refunds in a layaway arrangement may be made except as provided by sections 1317.21 to 1317.23 of the Revised Code; and

(6) Any additional costs such as storage, assembly or delivery charges.

(C) A written receipt stating the date and amount paid shall be provided to the consumer for each and every subsequent deposit made, which receipt shall also state the remaining amount due. A deposit made where the terms set forth in division (B) of this rule are altered or modified by agreement of the supplier and consumer shall not be considered as a subsequent deposit, but rather as an initial deposit.

(D) For the purposes of this rule “deposit” means any amount of money tendered or obligation to pay money incurred by a consumer for a refundable or non-refundable option, or as partial payment for goods or services.

(E) The provisions of paragraph (B) of this rule shall not apply to deposits accepted in connection with a written contract for a layaway arrangement governed by section 1317.22 of the Revised Code.

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Ohio Admin. Code 109:4-3-08.
New for used.
(A) Except as provided for in paragraphs (C) and (D) of this rule, it shall be a deceptive act or practice in connection with a consumer transaction for a supplier to represent, directly or indirectly, that an item of goods, or that any part of an item of goods, is new or unused when such is not the fact, to misrepresent the extent of previous use thereof, or to fail to make clear and conspicuous disclosure, prior to time of offer, to the consumer or prospective consumer that an item of goods has been used.

(B) For the purposes of this rule, “used” shall include used, rebuilt, remanufactured, or reconditioned goods or parts of an item of goods.

(C) For the purposes of this rule, returned goods, which have not been used by a previous purchaser, shall be considered new or unused.

(D) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier of motor vehicles who has legally operated a motor vehicle as a demonstrator, without titling it to the supplier’s name, to sell the motor vehicle unless a clear and conspicuous disclosure is made in writing on the final document evidencing the sale to the consumer or prospective consumer that the motor vehicle has been operated as a demonstrator.

(E) The disclosure that an item of goods has been used or contains used parts as required by paragraph (A) of this rule may be made by use of words such as, but not limited to, “used,” “second hand,” “repaired,” “remanufactured,” “reconditioned,” “rebuilt,” or “relined,” whichever is applicable to the item of goods involved.

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Ohio Admin. Code 109:4-3-09.
Failure to deliver; substituiton of goods or services.
(A) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier:

(1) To advertise or promise prompt delivery unless, at the time of the advertisement, the supplier has taken reasonable action to insure prompt delivery;

(2) To accept money from a consumer for goods or services ordered by mail, telephone, or otherwise and then permit eight weeks to elapse without:

(a) Making shipment or delivery of the goods or services ordered;

(b) Making a full refund;

(c) Advising the consumer of the duration of an extended delay and offering to send the consumer a refund within two weeks if the consumer so requests; or

(d) Furnishing similar goods or services of equal or greater value as a good faith substitute if the consumer agrees.

(B) When a consumer transaction involves goods it shall be a deceptive act or practice for a supplier to furnish similar goods of equal or greater value when there was no intention to ship, deliver, or install the original goods ordered. The act of a supplier in furnishing similar merchandise of equal or greater value as a good faith substitute does not violate this rule.

(C) For the purposes of this rule, goods or services may not be considered of “equal or greater value” if they are not substantially similar to the goods or services ordered, or are not fit for the purposes intended, or if the supplier normally offers the substituted goods or services at a lower price than the “regular price”, as defined in rule 109:4-3-12 of the Administrative Code, of the goods ordered.

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Ohio Admin. Code 109:4-3-10.
Substantiation of claims in advertising.
It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to:

(A) Make any representations, claims, or assertions of fact, whether orally or in writing, which would cause a reasonable consumer to believe such statements are true, unless, at the time such representations, claims, or assertions are made, the supplier possesses or relies upon a reasonable basis in fact such as factual, objective, quantifiable, clinical or scientific data or other competent and reliable evidence which substantiates such representations, claims, or assertions of fact; or

(B) Fail, upon the written request of the attorney general or the attorney general’s representative, to produce within a reasonable time period specified, written substantiating documentation, tests, studies, reports, or other data in the possession of the supplier at or prior to the time that representations, claims, or assertions are made about the supplier or the supplier’s goods or services.the contract is available.

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Ohio Admin. Code 109:4-3-11.
Direct solicitations.
(A) It shall be a deceptive act or practice in connection with a consumer transaction involving any direct solicitation sale for a supplier to do any of the following:

(1) Solicit a sale without clearly, affirmatively, and expressly revealing at the time the supplier initially contacts the consumer or prospective consumer, and before making any other statement, asking any question, or entering the residence of the consumer or prospective consumer, that the purpose of the contact is to effect a sale, stating in general terms the goods or services the supplier has to offer, provided that this paragraph shall not apply to solicitations by mail;

(2) Represent that the consumer or prospective consumer will receive a discount, rebate, or other benefit for permitting his home or other property, real or personal, to be used as a so-called “model home” or “model property” for demonstration or advertising purposes when such in fact is not true;

(3) Represent that the consumer or prospective consumer has been specially selected to receive a bargain, discount, or other advantage when such in fact is not true;

(4) Represent that the consumer or prospective consumer is a winner of a contest when such in fact is not true;

(5) Fail to conform to the requirements of sections 1345.21 to 1345.27, and 1345.99 of the Revised Code relative to home solicitation sales or misrepresent in any manner, the consumer’s or prospective consumer’s right to cancel provided for under such sections, when such sections are applicable;

(6) Represent that the goods that are being offered for sale cannot be purchased in any place of business, but only through direct solicitation, when such in fact is not true;

(7) Represent that the salesperson, representative, or agent has authority to negotiate the final terms of a consumer transaction when such in fact is not true;

(8) Send a consumer a communication that the supplier proposes to send goods to, or provide services for, the consumer, which communication, goods or services the consumer has not expressly agreed in advance to receive, and the consumer will be required to pay for those goods or services unless the consumer communicates a refusal of the offered goods or services;

(9) Send unordered goods to a consumer accompanied by a communication that requires, or purports to require, payment for the goods unless the consumer communicates a refusal to accept the goods and/or returns the goods;

(10) Send unordered goods to, or perform unordered services for, a consumer and then request payment for the provided goods or services;

(11) Interrupt, terminate, cancel, or deny delivery or provision of goods or services previously contracted for to a consumer solely on the basis that the consumer has not paid for or returned to the supplier goods or services which the consumer has not ordered, requested or authorized form the supplier;

(12) Make any attempt to collect upon, assign or convey to any other person or entity, or report to any credit reporting agency any claimed consumer debt related to unordered goods or services provided to the consumer in violation of this rule.

(B) “Direct solicitation” means solicitation of a consumer transaction initiated by a supplier, at the residence of any consumer, or at a place other than the normal place of business of the supplier or by a supplier who has no normal place of business, and includes a transaction initiated by the supplier by mail or telephone solicitation at the residence of any consumer or at a place other than the normal place of business of the supplier. The term “mail” shall include e-mail and facsimile.

(C) The provisions of paragraphs (A)(8), (A)(9), and (A)(10) of this rule shall have no application to goods or services sent pursuant to an agreement that is in compliance with the federal trade commission rule on the use of negative option plans by sellers in commerce ( 16 C.F.R. Section 425 ).

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Ohio Admin. Code 109:4-3-12.
Price comparisons.
(A) Declaration of policy

This rule is designed to define with reasonable specificity certain circumstances in which a supplier’s acts or practices in advertising price comparisons are deceptive and therefore illegal. For purposes of this rule, price comparisons involve a comparison of the present or future price of the subject of a consumer transaction to a reference price, usually as an incentive for consumers to purchase. This rule deals only with out-of-store advertisements as defined in paragraph (B)(3) of this rule. The rule stems from the general principle, codified in division (B) of section 1345.02 of the Revised Code, that it is deceptive for any claimed savings, discount, bargain, or sale not to be genuine, for the prices which are the basis of such comparisons not to be bona fide, genuine prices, and for out-of-store advertisements which indicate price comparisons to create false expectations in the minds of consumers.

(B) Definitions

(1) “Goods and services” means, for the purposes of this rule, all items which may be the subject of consumer transactions as defined in division (A) of section 1345.01 of the Revised Code.

(2) “Meaningful reduction” means a reduction from a reference price, which reduction is reasonably significant when compared to the reference price as a percentage, or when otherwise compared when the reference price is greater than one hundred dollars.

(3) “Out-of-store advertising” means any advertisement, message, or representation made by a supplier outside of its interior premises. It includes but is not limited to communications made via newspapers, television, radio, printed brochures, leaflets, fliers, billboards or signs painted on or posted in windows.

(4) “Price comparison” or “comparison” means any representation, however expressed, that a savings, reduction or discount exists or will exist; provided, however, that language which does not reasonably imply a comparison to identifiable prices or items does not express a price comparison.

(5) “Reference price” means a higher price to which a supplier compares another, lower price for the purpose of indicating that a reduction in price exists or will exist.

(6) “Regular price” has the same meaning as in rule 109:4-3-04 of the Administrative Code.

(7) “Trading area” means the geographical area in which a supplier in the regular course of its business solicits substantial numbers of customers. A trading area can be local, regional, or national. In the case of a supplier which does business through branch outlets, any branch outlet or group of outlets may have a trading area distinct from that of the supplier as a whole or from other of the supplier’s branch outlets. The geographical reach of the out-of-store advertising of a supplier or of any of its branches can serve as evidence of the extent of its trading area.

(C) Character of supplier

(1) It is deceptive for a supplier to use in its out-of-store advertising words which identify or characterize its business or a section or department thereof in terms such as “discount,” “bargain,” “outlet,” “wholesale,” “factory prices,” or other terms which indicate that substantially all or most goods and services sold are available at a meaningful reduction in price unless the supplier’s business or section or department thereof is, in fact, of such a character.

(2) Where an advertisement which characterizes a supplier’s business or a section or department thereof in a manner mentioned in paragraph (C)(1) of this rule does not indicate a particular number, amount, or percentage of goods or services available at a meaningful reduction, it is deceptive if less than a reasonably large and substantial number of all types, brands, and models of items offered for sale by the supplier are available at a meaningful reduction.

(3) Where an advertisement which characterizes a supplier’s business or a section or department thereof in a manner mentioned in paragraph (C)(1) of this rule does indicate a particular number, amount, or percentage of goods and services available at a meaningful reduction, it is deceptive if fewer than the advertised number, amount, or percentage of goods and services are in fact available at a meaningful reduction.

(D) Reduction for special circumstances

(1) It is deceptive for a supplier in its out-of-store advertising to indicate or to imply that a “sale,” “bargain,” or other offering of a reduction in price will terminate within a given or anticipated period of time unless it does in fact terminate within the period indicated or implied. But, if circumstances which in good faith were unforeseen at the time the reduction was advertised necessitate an extension of the time within which the reduction is to terminate, a supplier does not violate this rule if it:

(a) Extends the time of termination of the reduction; and

(b) Clearly and conspicuously discloses in its further advertising the fact of such an extension.

(2) It is deceptive for a supplier in its out-of-store advertising to indicate in any way that a reduction in price exists for reasons which are not true.

(E) Comparison with supplier’s own price

(1) It is deceptive for a supplier in its out-of-store advertising to make any price comparison by the use of such terms as “regularly…....., now….....,” ”........per cent off,” “reduced from….....to….....,” “save $...... . .,” unless:

(a) The comparison is to the supplier’s regular price; or

(b) If the reference price is the regular price of a previous season, the season and year are clearly and conspicuously disclosed; or

(c) There is language in the advertisement which clearly and conspicuously discloses that the comparison is to another price and which discloses the nature of the reference price.

(2) If a supplier, in its out-of-store advertising, uses language indicating a range of savings or reduction, it is deceptive if the goods and services offered at the savings do not contain a reasonable number of items priced at the maximum reduction. Where the offering does not contain such reasonable number of items, a supplier does not violate this rule if it clearly and conspicuously discloses this fact in its out-of-store advertising.

(3) It is recognized that some goods and services are almost never sold at a “regular price” but instead are sold by means of individually negotiated transactions. A supplier of goods and services, identical in all material aspects, sold in negotiated transactions is permitted to advertise using an “average price” as a reference price as long as the advertised “average price” is the mean average selling price of all such goods or services openly and actively sold by the supplier to consumers for a substantial period of time in the recent past and the fact that the reference price is an “average price” is clearly and conspicuously disclosed in close proximity to the advertised reference price.

(F) Comparison with prices which are not the supplier’s own

(1) It is deceptive for a supplier in its out-of-store advertising to use as a reference price in making a price comparison any “list,” “catalogue,” “manufacturer’s suggested,” “competitor’s,” or any other price which is not its own unless:

(a) Such a reference price is genuine; and

(b) The advertisement clearly and conspicuously indicates that the reference price is not the supplier’s own price.

(2) For a reference price which is not a supplier’s own to be genuine, it must correspond to prices at which substantial offers for sales have recently been made at retail outlets in the trading area in which the goods or services are offered at the reference price, and it must not be an isolated price.

(3) It is prima facie evidence of compliance with paragraphs (F)(1) and (F)(2) of this rule if the supplier:

(a) Has no knowledge that the reference price is not genuine; and

(b) Has made reasonable, bona fide efforts to determine whether the reference price is genuine.

(G) Comparison with non-identical goods

It is deceptive for a supplier in its out-of-store advertising to make a comparison between the prices of similar, but non-identical goods or services unless:

(1) The non-identical goods or services are of essentially similar quality to the advertised goods or services or the dissimilar aspects are clearly and conspicuously disclosed in the advertisements; and

(2) The advertisement clearly and conspicuously discloses that non-identical goods or services are being compared; and

(3) Either:

(a) The price comparison is to the regular price of the reference goods or services; or

(b) The nature of the reference price is clearly and conspicuously disclosed; and

(4) Either:

(a) The reference goods or services are available in the supplier’s trading area;

or

(b) The fact that they are not available is clearly and conspicuously disclosed.

(H) Advance or introductory sales

(1) It is deceptive for a supplier in its out-of-store advertising to use terms such as “advance sale,” “introductory offer,” or other language which makes a comparison to a reference price which is a future price unless the reference price becomes the regular price within the period reasonably implied by the advertisement.

(2) A supplier will not be in violation of paragraph (H)(1) of this rule if circumstances which in good faith were unforeseen at the time that the reference price was advertised as a future regular price necessitate the reference price not becoming or remaining the regular price.

(I) Significant reduction

It is deceptive for a supplier in its out-of-store advertising to use such terms as “sale,” “discount,” “bargain,” or any other terms indicating a savings or reduction in prices unless:

(1) The savings or reduction is a meaningful reduction; or

(2) The actual amount or percentage of savings is clearly and conspicuously indicated in the advertisement.

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Ohio Admin. Code 109:4-3-13.
Motor vehicle repairs or services.
(A) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where the anticipated cost exceeds twenty-five dollars and there has been face to face contact at the supplier’s place of business during the hours such repairs or services are offered, between the consumer or his representative and the supplier or his representative, prior to the commencement of the repair or service for a supplier to:

(1) Fail, at the time of the initial face to face contact and prior to the commencement of any repair or service, to provide the consumer with a form which indicates the date, the identity of the supplier, the consumer’s name and telephone number, the reasonably anticipated completion date and, if requested by the consumer, the anticipated cost of the repair or service. The form shall also clearly and conspicuously contain the following disclosures in substantially the following language:

“Estimate

You have the right to an estimate if the expected cost of repairs or services will be more than twenty-five dollars. Initial your choice:

_____written estimate

_____oral estimate

_____no estimate”

(2) Fail to post a sign in a conspicuous place within that area of the supplier’s place of business to which consumers requesting any repair or service are directed by the supplier or to give the consumer a separate form at the time of the initial face to face contact and prior to the commencement of any repair or service which clearly and conspicuously contains the following language:

“Notice

If the expected cost of a repair or service is more than twenty-five dollars, you have the right to receive a written estimate, oral estimate, or you can choose to receive no estimate before we begin work. Your bill will not be higher than the estimate by more than ten per cent unless you approve a larger amount before repairs are finished. Ohio law requires us to give you a form so that you can choose either a written, oral, or no estimate.”

(3) Fail, where a consumer requests a written estimate of the anticipated cost of repairs or services, to make a bona fide effort during the initial face to face contact to provide the written estimate on the form required by paragraph (A)(1) of this rule;

(4) Fail, where a consumer requests a written or oral estimate, to give the estimate to the consumer before commencing the repair or service.

(B) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where there has not been face to face contact between the consumer or his representative and the supplier or his representative prior to the commencement of the repair or service for a supplier to:

(1) Fail to make available to the consumer who makes a supplier-authorized delivery of a motor vehicle for repair or service at the supplier’s place of business during non-business hours of the repair or service facility, a form in duplicate, with instructions directing the consumer to retain a copy, which indicates the identity of the supplier and contains the following disclosures in substantially the following language:

“Estimate

You have the right to an estimate of the cost of repairs or services which you are requesting. Your bill will not be higher than the estimate by more than ten per cent unless you approve a larger amount before repairs are finished. You can choose the kind of estimate you want to receive by signing your name under one of the following choices and indicating a telephone number where you can be reached if necessary:

(a) Written estimate

(Customer Signature)

(b) Oral estimate

(Customer Signature)

(c) No estimate

(Customer Signature)

Customer Name_____________________________

Customer Telephone Number__________________

Date:______________________________________”

(2) Fail in all other instances, upon the first contact with the consumer, to inform the consumer of the right to receive a written or oral estimate of the anticipated cost of the repair or service;

(3) Fail, where the consumer requests an oral estimate, to give the oral estimate to the consumer before commencing the repair or service;

(4) Fail, where the consumer requests a written estimate, to prepare a written estimate, inform the consumer that the estimate is available, and upon the consumer’s request, give the estimate to the consumer before commencing the repair or service.

(C) In any consumer transaction involving the performance of any repair or service upon a motor vehicle it shall be a deceptive act or practice for a supplier to:

(1) Make the performance of any repair or service contingent upon a consumer’s waiver of any rights provided for in this rule;

(2) Fail, where an estimate has been requested by a consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the cost of those repairs or services amounts to ten per cent or more (excluding tax) of the original estimate;

(3) Fail, where the anticipated cost of a repair or service is less than twenty-five dollars and an estimate has not been given to the consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the total cost of the repairs or services, if performed, will exceed twenty-five dollars;

(4) Fail to disclose prior to acceptance of any motor vehicle for inspection, repair, or service, that in the event the consumer authorizes commencement but does not authorize completion of a repair or service, that a charge will be imposed for disassembly, reassembly, or partially completed work. Any charge so imposed must be directly related to the actual amount of labor or parts involved in the inspection, repair, or service;

(5) Charge for any repair or service which has not been authorized by the consumer;

(6) Fail to disclose upon the first contact with the consumer that any charge not directly related to the actual performance of the repair or service will be imposed by the supplier whether or not repairs or services are performed;

(7) Fail to disclose upon the first contact with a consumer the basis upon which a charge will be imposed for towing the motor vehicle if that service will be performed;

(8) Represent that repairs or services are necessary when such is not the fact;

(9) Represent that repairs have been made or services have been performed when such is not the fact;

(10) Represent that a motor vehicle or any part thereof which is being inspected or diagnosed for a repair or service is in a dangerous condition, or that the consumer’s continued use of it may be harmful, when such is not the fact;

(11) Materially understate or misstate the estimated cost of the repair or service;

(12) Fail to provide the consumer with a written itemized list of repairs performed or services rendered, including a list of parts or materials and a statement of whether they are used, remanufactured or rebuilt, if not new, and the cost thereof to the consumer, the amount charged for labor, and the identity of the individual performing the repair or service;

(13) Fail to tender to the consumer any replaced parts, unless the parts are to be rebuilt or sold by the supplier, or returned to the manufacturer in connection with warranted repairs or services, and such intended reuse or return is made known to the consumer prior to commencing any repair or service;

(14) Fail to provide to the consumer upon his request a written, itemized receipt for any motor vehicle or part thereof that is left with, or turned over to, the supplier for repair or service. Such receipt shall include:

(a) The identity of the supplier which will perform the repair or service;

(b) The name and signature of the supplier or a representative who actually accepts the motor vehicle or any part thereof;

(c) A description including make and model number or such other features as will reasonably identify the motor vehicle or any part thereof to be repaired or serviced;

(d) The date on which the motor vehicle or any part thereof was left with or turned over to the supplier.

(15) Fail, at the time of the signing or initialing of any document by a consumer, to provide the consumer with a copy of the document;

(16) Fail to disclose to the consumer prior to the commencement of any repair or service, that any part of the repair or service will be performed by a person other than the supplier or his employees, if the supplier disclaims any warranty of the repair or service performed by that person. In addition the supplier shall disclose the nature of the repair or service which that person will perform, and if requested by the consumer, the identity of that person.

(17) Fail to inform the consumer, prior to the performance of any repair or service, that part(s) to be used in effectuating the repair or service will be remanufactured, rebuilt, or used.

(D) The forms required by paragraphs (A)(1) and (B)(1) of this rule may be separate or may be incorporated into another form used by the supplier as long as the required disclosures are easily legible and clearly and conspicuously appear on the form. Nothing in this rule shall preclude a supplier from incorporating into the same form additional disclosures required by this rule.

(E) The sign or form required by paragraph (A)(2) of this rule shall be printed in such a size and manner so that the notice is easily legible. Additional disclosures required by this rule may be incorporated into the sign or form so long as the language required by paragraph (A)(2) of this rule prominently appears as the first listed disclosure. Where a supplier gives written estimates to consumers prior to the commencement of any repair or service regardless of the anticipated cost of repairs or services, the language in the form required by paragraph (A)(1) of this rule and the sign or form required by paragraph (A)(2) of this rule may be modified to disclose that fact.

(F) In lieu of complying with the requirements of paragraphs (A)(1) and (B)(1) to (B)(4) of this rule, a supplier may provide a consumer, prior to the commencement of any repair or service, with a written quotation of the price at which the repair or service will be performed, which shall indicate that the quotation shall be binding upon the supplier for a period of five days, provided that the subject of the consumer transaction is made available to the supplier for the repair or service within that period.

(G) For purposes of paragraph (B)(1) of this rule, a supplier has not authorized delivery of a motor vehicle during non-business hours of the repair or service facility where there has not been communication of that fact to the general public by the supplier or the supplier’s representative.

(H) As used in this rule, “motor vehicle” shall have the same meaning as that term is defined in division (B) of section 4501.01 of the Revised Code.

(I) Any written disclosure required by this rule must be legible.

(J) The provisions of rule 109:4-3-05 of the Administrative Code shall have no application to consumer transactions involving the performance of either repairs or any service upon a motor vehicle.(A) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where the anticipated cost exceeds twenty-five dollars and there has been face to face contact at the supplier’s place of business during the hours such repairs or services are offered, between the consumer or his representative and the supplier or his representative, prior to the commencement of the repair or service for a supplier to:

(1) Fail, at the time of the initial face to face contact and prior to the commencement of any repair or service, to provide the consumer with a form which indicates the date, the identity of the supplier, the consumer’s name and telephone number, the reasonably anticipated completion date and, if requested by the consumer, the anticipated cost of the repair or service. The form shall also clearly and conspicuously contain the following disclosures in substantially the following language:

“Estimate

You have the right to an estimate if the expected cost of repairs or services will be more than twenty-five dollars. Initial your choice:

_____written estimate

_____oral estimate

_____no estimate”

(2) Fail to post a sign in a conspicuous place within that area of the supplier’s place of business to which consumers requesting any repair or service are directed by the supplier or to give the consumer a separate form at the time of the initial face to face contact and prior to the commencement of any repair or service which clearly and conspicuously contains the following language:

“Notice

If the expected cost of a repair or service is more than twenty-five dollars, you have the right to receive a written estimate, oral estimate, or you can choose to receive no estimate before we begin work. Your bill will not be higher than the estimate by more than ten per cent unless you approve a larger amount before repairs are finished. Ohio law requires us to give you a form so that you can choose either a written, oral, or no estimate.”

(3) Fail, where a consumer requests a written estimate of the anticipated cost of repairs or services, to make a bona fide effort during the initial face to face contact to provide the written estimate on the form required by paragraph (A)(1) of this rule;

(4) Fail, where a consumer requests a written or oral estimate, to give the estimate to the consumer before commencing the repair or service.

(B) It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where there has not been face to face contact between the consumer or his representative and the supplier or his representative prior to the commencement of the repair or service for a supplier to:

(1) Fail to make available to the consumer who makes a supplier-authorized delivery of a motor vehicle for repair or service at the supplier’s place of business during non-business hours of the repair or service facility, a form in duplicate, with instructions directing the consumer to retain a copy, which indicates the identity of the supplier and contains the following disclosures in substantially the following language:

“Estimate

You have the right to an estimate of the cost of repairs or services which you are requesting. Your bill will not be higher than the estimate by more than ten per cent unless you approve a larger amount before repairs are finished. You can choose the kind of estimate you want to receive by signing your name under one of the following choices and indicating a telephone number where you can be reached if necessary:

(a) Written estimate

(Customer Signature)

(b) Oral estimate

(Customer Signature)

(c) No estimate

(Customer Signature)

Customer Name_____________________________

Customer Telephone Number__________________

Date:______________________________________”

(2) Fail in all other instances, upon the first contact with the consumer, to inform the consumer of the right to receive a written or oral estimate of the anticipated cost of the repair or service;

(3) Fail, where the consumer requests an oral estimate, to give the oral estimate to the consumer before commencing the repair or service;

(4) Fail, where the consumer requests a written estimate, to prepare a written estimate, inform the consumer that the estimate is available, and upon the consumer’s request, give the estimate to the consumer before commencing the repair or service.

(C) In any consumer transaction involving the performance of any repair or service upon a motor vehicle it shall be a deceptive act or practice for a supplier to:

(1) Make the performance of any repair or service contingent upon a consumer’s waiver of any rights provided for in this rule;

(2) Fail, where an estimate has been requested by a consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the cost of those repairs or services amounts to ten per cent or more (excluding tax) of the original estimate;

(3) Fail, where the anticipated cost of a repair or service is less than twenty-five dollars and an estimate has not been given to the consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the total cost of the repairs or services, if performed, will exceed twenty-five dollars;

(4) Fail to disclose prior to acceptance of any motor vehicle for inspection, repair, or service, that in the event the consumer authorizes commencement but does not authorize completion of a repair or service, that a charge will be imposed for disassembly, reassembly, or partially completed work. Any charge so imposed must be directly related to the actual amount of labor or parts involved in the inspection, repair, or service;

(5) Charge for any repair or service which has not been authorized by the consumer;

(6) Fail to disclose upon the first contact with the consumer that any charge not directly related to the actual performance of the repair or service will be imposed by the supplier whether or not repairs or services are performed;

(7) Fail to disclose upon the first contact with a consumer the basis upon which a charge will be imposed for towing the motor vehicle if that service will be performed;

(8) Represent that repairs or services are necessary when such is not the fact;

(9) Represent that repairs have been made or services have been performed when such is not the fact;

(10) Represent that a motor vehicle or any part thereof which is being inspected or diagnosed for a repair or service is in a dangerous condition, or that the consumer’s continued use of it may be harmful, when such is not the fact;

(11) Materially understate or misstate the estimated cost of the repair or service;

(12) Fail to provide the consumer with a written itemized list of repairs performed or services rendered, including a list of parts or materials and a statement of whether they are used, remanufactured or rebuilt, if not new, and the cost thereof to the consumer, the amount charged for labor, and the identity of the individual performing the repair or service;

(13) Fail to tender to the consumer any replaced parts, unless the parts are to be rebuilt or sold by the supplier, or returned to the manufacturer in connection with warranted repairs or services, and such intended reuse or return is made known to the consumer prior to commencing any repair or service;

(14) Fail to provide to the consumer upon his request a written, itemized receipt for any motor vehicle or part thereof that is left with, or turned over to, the supplier for repair or service. Such receipt shall include:

(a) The identity of the supplier which will perform the repair or service;

(b) The name and signature of the supplier or a representative who actually accepts the motor vehicle or any part thereof;

(c) A description including make and model number or such other features as will reasonably identify the motor vehicle or any part thereof to be repaired or serviced;

(d) The date on which the motor vehicle or any part thereof was left with or turned over to the supplier.

(15) Fail, at the time of the signing or initialing of any document by a consumer, to provide the consumer with a copy of the document;

(16) Fail to disclose to the consumer prior to the commencement of any repair or service, that any part of the repair or service will be performed by a person other than the supplier or his employees, if the supplier disclaims any warranty of the repair or service performed by that person. In addition the supplier shall disclose the nature of the repair or service which that person will perform, and if requested by the consumer, the identity of that person.

(17) Fail to inform the consumer, prior to the performance of any repair or service, that part(s) to be used in effectuating the repair or service will be remanufactured, rebuilt, or used.

(D) The forms required by paragraphs (A)(1) and (B)(1) of this rule may be separate or may be incorporated into another form used by the supplier as long as the required disclosures are easily legible and clearly and conspicuously appear on the form. Nothing in this rule shall preclude a supplier from incorporating into the same form additional disclosures required by this rule.

(E) The sign or form required by paragraph (A)(2) of this rule shall be printed in such a size and manner so that the notice is easily legible. Additional disclosures required by this rule may be incorporated into the sign or form so long as the language required by paragraph (A)(2) of this rule prominently appears as the first listed disclosure. Where a supplier gives written estimates to consumers prior to the commencement of any repair or service regardless of the anticipated cost of repairs or services, the language in the form required by paragraph (A)(1) of this rule and the sign or form required by paragraph (A)(2) of this rule may be modified to disclose that fact.

(F) In lieu of complying with the requirements of paragraphs (A)(1) and (B)(1) to (B)(4) of this rule, a supplier may provide a consumer, prior to the commencement of any repair or service, with a written quotation of the price at which the repair or service will be performed, which shall indicate that the quotation shall be binding upon the supplier for a period of five days, provided that the subject of the consumer transaction is made available to the supplier for the repair or service within that period.

(G) For purposes of paragraph (B)(1) of this rule, a supplier has not authorized delivery of a motor vehicle during non-business hours of the repair or service facility where there has not been communication of that fact to the general public by the supplier or the supplier’s representative.

(H) As used in this rule, “motor vehicle” shall have the same meaning as that term is defined in division (B) of section 4501.01 of the Revised Code.

(I) Any written disclosure required by this rule must be legible.

(J) The provisions of rule 109:4-3-05 of the Administrative Code shall have no application to consumer transactions involving the performance of either repairs or any service upon a motor vehicle.

.

Ohio Admin. Code: 4-3-14.
Insulation.
(A) Definitions

(1) “Insulation” means, for purposes of this rule, any material used primarily to retard or to resist heat flow, whether mineral or organic, fibrous, cellular or reflective, or in rigid, semi-rigid, flexible or loose-fill form.

(2) “Manufacturer” means any supplier who processes any materials for the purpose of making insulation.

(3) “Installer” means any supplier who places or affixes, or contracts to place or affix, insulation by any means in connection with a consumer transaction.

(4) “R-value” means resistance to heat flow and is the reciprocal of thermal conductance.

(5) “ASTM” is the “American Society for Testing and Materials.”

(6) “Label” means any information provided by a manufacturer either on or attached to a package of insulation.

(7) “Package” means a bag, drum, box, wrapping, or any container in which a manufacturer provides insulation.

(8) “Vapor barrier” means any material used to retard the migration of moisture vapor into building sections.

(B) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any supplier to make a representation:

(1) Concerning R-value at any thickness for any type of insulation unless such representation is based upon the results of testing of the supplier’s insulation, conducted in accordance with the latest existing ASTM testing standards, or comparable standards. Said testing shall have been performed not more than sixty days prior to the making of any such representation, provided, however, that such testing may be performed on an annual basis so long as the supplier utilizes a quality control procedure which is sufficient to insure that the insulation has an R-value which is identical, within tolerances permitted by testing standards authorized by this rule, to that of the insulation which was tested for R-value. The R-value represented must equal the R-value of the insulation at the settled density or cured state;

(2) Concerning fire retardancy of any type of insulation unless such representation is based upon the results of testing of the supplier’s insulation, conducted in accordance with the latest existing ASTM standards, or comparable standards for fire retardancy. Said testing shall have been performed not more than sixty days prior to the making of any such representation, provided, however, that such testing may be performed on an annual basis so long as the supplier utilizes a quality control procedure which is sufficient to insure that the insulation is fire retardant to the same extent as that insulation which was tested for fire retardancy;

(3) Concerning non-corrosiveness of any type of insulation unless such representation is based upon the results of testing of the supplier’s insulation, conducted in accordance with the latest existing ASTM testing standards, or comparable standards, for corrosiveness. Said testing shall have been performed not more than sixty days prior to the making of any such representation, provided, however, that such testing may be performed on an annual basis so long as the supplier utilizes a quality control procedure which is sufficient to insure that the insulation is non-corrosive to the same extent as that insulation which was tested for noncorrosiveness;

(4) That any type of insulation is “fireproof”;

(5) That specific amounts or percentages, including ranges of amounts or percentages, of money or fuel have been or may be saved as a result of the installation of insulation unless the supplier has a reasonable basis for making the representation at the time it is made. Such reasonable basis shall consist of information within the supplier’s actual knowledge which is based upon scientific or engineering data of such reliability and validity which would cause a reasonable and prudent supplier to believe that the representation is truthful, complete and applicable to the insulation about which the representation is made. Whenever such a representation is made, it shall be accompanied by a statement in the following language: “DON’T EXPECT TO IMMEDIATELY SAVE AS MUCH MONEY AS IT COSTS TO INSULATE. EXACT AMOUNTS OF SAVINGS CANNOT BE GUARANTEED. YOUR HEATING SYSTEM, THERMOSTAT SETTING, WEATHERPROOFING, LIVING HABITS AND OTHER UNPREDICTABLE FACTORS WILL AFFECT YOUR FUEL USAGE.”;

(6) That tax benefits are available to a consumer who purchases insulation unless such benefits have been legally enacted, are in effect, and the consumer to whom the representation is made is eligible to receive the benefits.

(C) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any manufacturer of insulation to:

(1) Fail to label each package of insulation with the following information:

(a) The name and address of the manufacturer and the brand name and type of insulation contained in the package;

(b) For batts, blankets or boardstock, the R-value, the thickness in inches necessary to obtain the stated R-value, and except for boardstock, the square footage covered by each package and the dimensions of the insulation;

(c) For all loose-fill insulation, the R-value, the thickness and weight per square foot necessary to obtain the stated R-value and the square feet covered by each package;

(d) For aluminum foil, the number of foil sheets, the number and thickness of the air spaces, and the R-value provided when the direction of heat flow is up, down and horizontal;

(e) For sprayed-in-place foam, the R-value, the thickness in inches necessary to obtain the stated R-value and the pounds per cubic foot at the stated R-value.

(2) Except for sales to installers, fail to provide the following statements clearly and conspicuously on the label of each package of insulation:

(a) “ASK FOR THE MANUFACTURER’S INSULATION FACT SHEET.”;

(b) If installation instructions are included with the package, “THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. IF YOU INSTALL IT YOURSELF, FOLLOW INSTRUCTIONS CAREFULLY.”;

(c) If no instructions are included with the package, “THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. IF YOU INSTALL IT YOURSELF, GET INSTRUCTIONS AND FOLLOW THEM CAREFULLY. INSTRUCTIONS DO NOT COME WITH THE PACKAGE.”;

(d) If a full warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.2301 et seq., is given, “THE MANUFACTURER WARRANTS THIS PRODUCT FULLY.”;

(e) If a limited warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.2301 et seq., is given, “THIS PRODUCT HAS A LIMITED WARRANTY. THE MANUFACTURER WARRANTS THIS PRODUCT SUBJECT TO CERTAIN CONDITIONS AND EXCEPTIONS. ASK THE SELLER FOR A COPY OF THE WARRANTY.”.

(3) Fail to provide to any supplier in sufficient quantity to insure distribution to each ultimate consumer who purchases the manufacturer’s insulation a form designated “MANUFACTURER’S INSULATION FACT SHEET” which clearly and conspicuously provides the following information:

(a) The name and address of the manufacturer and the brand name and type of insulation contained in the package;

(b) In twelve-point type, the statement, “THIS FACT SHEET CONTAINS IMPORTANT DETAILS ABOUT __________ INSULATION. READ IT CAREFULLY.” (Fill in the blank with the type of insulation covered by the fact sheet [for example, “loose-fill cellulose,” “urea-formaldehyde foam”]);

(c) For batts, blankets or boardstock, a chart showing the R-value of the insulation, the thickness in inches necessary to obtain the stated R-value, and except for boardstock, the square footage covered by each package, and the dimensions of the insulation;

(d) For all loose-fill insulation, a chart showing the R-value, the thickness and weight per square foot necessary to obtain the stated R-value and the square feet covered by each package;

(e) For aluminum foil, a chart showing the number of foil sheets, the number and thickness of the air spaces, and the R-value provided when the direction of heat flow is up, down and horizontal;

(f) For sprayed-in-place foam, a chart showing the R-value, the thickness in inches necessary to obtain the stated R-value and the pounds per cubic foot at the stated R-value;

(g) For batts, blankets, loose-fill mineral wool, cellulose or any other insulation the R-value of which is reduced by moisture build-up, after the charts required by paragraphs (C)(3)(c) or (C)(3)(d) of this rule, the statement, “THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. READ AND FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY IF YOU PLAN TO INSTALL THE INSULATION YOURSELF. FOLLOW THE CHART ON THIS FACT SHEET TO OBTAIN THE RIGHT THICKNESS FOR THE MARKED R-VALUE, THEN FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY. MOISTURE BUILD-UP IN THIS PRODUCT WILL REDUCE THE MARKED R-VALUE. YOU MAY NEED A VAPOR BARRIER TO PREVENT MOISTURE BUILD-UP.”;

(h) For aluminum foil or boardstock, after the charts required by paragraph (C)(3)(c) or (C)(3)(e) of this rule, the statement, “THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. OBTAIN AND FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY IF YOU PLAN TO INSTALL THE INSULATION YOURSELF.”;

(i) For sprayed-in-place foam, after the chart required by paragraph (C)(3)(f) of this rule, the statement, “THIS INSULATION MUST BE INSTALLED PROPERLY. BOTH CHEMICAL MIX AND APPLICATION SHOULD BE DONE BY A TRAINED, QUALIFIED INSTALLER. PROPER VENTILATION IS NECESSARY TO REDUCE FUMES AND ODORS WHICH MAY RESULT FROM INSTALLATION. THIS INSULATION SHRINKS AFTER INSTALLATION. EXCESS SHRINKAGE WILL RESULT IN A LOWER R-VALUE THAN SHOWN ON THE CHART ABOVE. TEMPERATURE, HUMIDITY AND OTHER FACTORS AT THE TIME OF INSTALLATION ARE IMPORTANT IN THE PREVENTION OF SHRINKAGE. THIS INSULATION IS NOT RECOMMENDED FOR INSTALLATION IN ANY ATTIC OR ANY OTHER OPEN AREA.”;

(j) After the statements required by paragraphs (C)(3)(g) to (C)(3)(i) of this rule, the statement, “READ THIS CAREFULLY BEFORE BUYING. THE CHART ON THIS FACT SHEET SHOWS THE R-VALUE OF THIS INSULATION. A HIGHER R-VALUE NUMBER MEANS A GREATER RESISTANCE TO HEAT FLOW. THE AMOUNT OF INSULATION YOU NEED DEPENDS UPON THE CLIMATE IN WHICH YOU LIVE, YOUR LIVING HABITS, YOUR HEATING SYSTEM, YOUR THERMOSTAT SETTING, HOW WELL YOUR HOUSE IS WEATHERPROOFED, AND OTHER FACTORS. INSULATION PLACED TOO NEAR ELECTRICAL HEAT SOURCES MAY CAUSE FIRE. FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY. TO AVOID EXCESS MOISTURE BUILD-UP, PROPER VENTILATION OF A HOME IS IMPORTANT FOLLOWING INSTALLATION OF THIS PRODUCT”.

(k) After the information required by paragraphs (C)(3)(a) to (C)(3)(j) of this rule, the following information:

(i) If a full warranty under the Magnuson-Moss Warranty Federal trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.2301 et seq., is given, “THE MANUFACTURER WARRANTS THIS PRODUCT FULLY.”;

(ii) If a limited warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.2301 et seq., is given, the statement, “THIS PRODUCT HAS A LIMITED WARRANTY. THE MANUFACTURER WARRANTS THIS PRODUCT SUBJECT TO CERTAIN CONDITIONS AND EXCEPTIONS. READ THE WARRANTY CAREFULLY.”;

(l) After the information required by paragraphs (C)(3)(a) to (C)(3)(k) of this rule, the full text of any warranty provided by the manufacturer. (4) Fail to provide to any supplier in sufficient quantity to insure distribution to each ultimate consumer who purchases the manufacturer’s insulation, a form designated “CONSUMER INFORMATION CARD” for completion and placement by installers of the manufacturer’s insulation as required by paragraph (E)(3)(b) of this rule. (D) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any supplier to:

(1) Fail to provide to another supplier who obtains insulation from him, any materials provided by a manufacturer pursuant to the requirements of paragraphs (C)(3) and (C)(4) of this rule;

(2) Fail to provide to a consumer, prior to the consumer’s purchase of insulation, the “MANUFACTURER’S INSULATION FACT SHEET” required by paragraph (C)(3) of this rule;

(3) Without the permission of the manufacturer, supply a consumer with any package of insulation the contents of which have been removed or altered.

(E) It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for an installer of insulation to:

(1) Prior to the time of contracting, fail to provide the consumer with a written list containing the following information:

(a) All warranties given by the installer, including any limitations thereon;

(b) That subcontractors will be used by the installer if such is the case;

(c) Whether the installer is insured under appropriate workers’ compensation laws and against liability for damages;

(d) Whether the installer has met all applicable licensing and/or bonding requirements pursuant to law.

(2) At the time of contracting, fail to provide the consumer with a written contract containing the following information:

(a) The installer’s business name, address and telephone number;

(b) The anticipated completion date of the contract;

(c) The type and brand name of insulation to be installed;

(d) The total number of square feet to be covered and the overall R-value after installation, the thickness in inches, and the number of packages to be used for each type of insulation to be installed;

(e) The total contract price;

(f) In twelve-point type, the statement, “YOU HAVE SPECIFIC RIGHTS UNDER OHIO MECHANIC’S LIEN STATUTES. IF YOU HAVE ANY QUESTIONS CONCERNING THESE RIGHTS BEFORE, DURING OR AFTER INSTALLATION UNDER THIS CONTRACT, YOU ARE ADVISED TO CONSULT YOUR LAWYER.”;

(g) The specific method of installation which will be used by the installer, including specific information about the work to be performed, materials to be used, and any alteration of the consumer’s property necessitated by installation;

(h) The information required by paragraph (E) (1) of this rule.

(3) At the time of completion of installation, fail to:

(a) To the extent that the supplier has affected the consumer’s property, return the consumer’s property to substantially the same condition in which it was found prior to installation;

(b) Provide the consumer with the “CONSUMER INFORMATION CARD” required by paragraph (C)(4) of this rule, to be placed by the installer conspicuously on or adjacent to the consumer’s electric service panel, or in another location in the consumer’s residence if required by federal law, with notice of such placement to the consumer, stating the brand name and type of insulation installed, the parts of the house insulated, the R-value of insulation installed, the date of installation, and the following information:

(i) For sprayed-in-place foam, the weight in pounds per cubic foot at which the foam was installed and the outside temperature at the time of installation;

(ii) For aluminum foil, the number and thickness of air spaces and the direction of heat flow;

(iii) For batts, blankets, and loose-fill insulation, the number of packages used;

(4) At any time, sell or provide to a consumer for any purpose other than installation by the installer any package of insulation not labeled according to the requirements of paragraph (C)(2) of this rule.

(F) Where testing under this rule requires the use of ASTM or comparable standards and testing methods, the standards and testing methods to be used shall be the latest generally accepted testing methods in the industry at the time that any such tests are conducted. Any applicable standard adopted by an agency of the federal government shall be deemed for the purposes of this rule to be a comparable standard. In the event that a supplier elects to use any standard other than an ASTM standard, or an adopted federal standard, the supplier shall retain all data which tend to show that said standard is the latest generally accepted standard in the industry at the time any testing is conducted and that the testing was conducted in conformity with that standard.

(G) Nothing in this rule shall be deemed to be in conflict with any federal statutory or regulatory requirement, and all requirements of this rule are in addition to the requirements of any federal statute or regulation either existing or to become effective at any future date. A supplier who provides any disclosures required by or under any federal law, trade regulation rule or guide adopted by the federal trade commission under the Federal Trade Commission Act, 38 Stat. 717 (1914), 15 U.S.C.41, as amended, which apply to the advertisement, sale or installation of insulation in connection with a consumer transaction, and which are substantially similar to the disclosures required by this rule, shall be deemed to comply with requirements of this rule with respect to form and language, including the disclosure requirements contained in paragraphs (B)(5), (C)(2) and (C)(3) of this rule, so long as the language mandated by such federal law, trade regulation rule or guide provides at least equal information to the consumer.

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Ohio Admin. Code: 4-3-15.
Motor vehicle rust inhibitors.
(A) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to represent that an item of goods or a service will prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle if that representation is false.

(B) It shall be a deceptive act or practice in connection with a consumer transaction involving an item of goods or a service that a supplier represents will prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle for a supplier to use the term “rustproofing” in connection with the advertising, the promotion or sale of any such item of goods or a service unless the supplier guarantees that the item of goods or the service will prevent rust or corrosion and agrees in writing to indemnify a consumer who purchases such an item of goods or a service for the actual cost of repairing damage caused by rusting or corrosion of any part of a motor vehicle to which the item of goods or a service has been applied.

(C) It shall be a deceptive act or practice in connection with a consumer transaction involving an item of goods or service that a supplier warrants to prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle for the supplier:

(1) To fail to inform the consumer clearly and conspicuously in writing of all of the terms of any written warranty prior to the time when the consumer enters into a contract for the purchase of any such item of goods or a service;

(2) To fail to honor a warranty claim of a consumer on the basis that the consumer delayed in reporting rust or corrosion to the supplier unless the supplier’s time limitation for the presentation of claims is set forth clearly and conspicuously in writing in the warranty;

(3) To fail to repair rust or corrosion damage on the basis that the supplier believes that damage has not become extensive enough to repair;

(4) To fail to honor a warranty claim of a consumer on the basis that the item of goods or the service was provided improperly when the supplier has authorized the person who provided the item of goods or the service to the consumer to issue a warranty on behalf of the supplier;

(5) To fail to honor an otherwise valid warranty claim on the basis that the cost of repairing an area damaged by rust or corrosion is excessive or unreasonable unless the warranty itself expressly reserves to the supplier the right to limit the supplier’s obligation in this manner;

(6) To refuse to replace rusted or corroded areas when the supplier’s warranty obligates the supplier to make repairs to such areas and methods of repair other than replacement of the rusted or corroded area will not restore the rusted or corroded area to substantially the same condition as it was in prior to being damaged by rust or corrosion;

(7) To fail to honor a warranty claim on the basis that the supplier previously has allowed a different claim on the same warranty, unless a limitation on the number of claims is set forth clearly and conspicuously in writing in the warranty;

(8) To fail to inspect a motor vehicle within thirty days of receiving a consumer’s warranty claim for rust or corrosion damage, provided that the consumer makes the motor vehicle available for inspection within that period. Presentation of a claim to a supplier’s authorized or franchised dealer or distributor shall constitute receipt by the supplier. The supplier shall provide for inspection of the motor vehicle at a place within the county where the consumer resides, or where the consumer purchased the supplier’s goods or services;

(9) To fail to notify a consumer in writing within ten business days of inspecting the consumer’s motor vehicle for rust or corrosion damage whether the consumer’s warranty claim will be allowed or denied. If a claim is denied, the specific reason for that denial shall be stated in writing. For purposes of this rule, notification is effective upon mailing the supplier’s determination on the claim to the last address supplied to the supplier by the consumer or upon personal delivery to the consumer;

(10) To fail to honor a warranty claim because the person who issued the warranty to the consumer on behalf of the supplier provided the consumer with an incorrect warranty;

(11) Who applies the item of goods to any part of a consumer’s automobile to fail to provide the consumer, in advance of the application, with a written or pictorial description of the specific areas of the automobile to which the item of goods will be applied.

(D) It shall be a deceptive act or practice in connection with a consumer transaction involving an item of goods or a service that is represented by a supplier to prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle for a supplier to misrepresent the cause or the origin of rust or corrosion of any part of a motor vehicle.

(E) No provision in this rule shall be construed to annul, alter or limit the application of any provision of the “Motor vehicle repairs or services” rule 109:4-3-13 of the Administrative Code or the Federal Trade Commission Improvements Act, 88 Stat. 2183,15 U.S.C. 2301 et seq., to any consumer transaction involving the advertising, promotion or sale of any goods or services represented to prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle.

(F) As used in this rule, “motor vehicle” shall have the same meaning as that term is defined in division (B) of section 4501.01 of the Revised Code.

.

Ohio Admin. Code: 4-3-16.
Advertisement and sale of motor vehicles.
(A) For purposes of this rule, the following definitions shall apply:

(1) “Dealer” means any person engaged in the business of selling, offering for sale or negotiating the sale of five or more motor vehicles during a twelve-month period, commencing with the day of the month in which the first such sale is made, or leasing any motor vehicles, including the officers, agents, salespersons, or employees of such a person; or any person licensed as a motor vehicle dealer or salesperson under Chapter 4517. of the Revised Code.

(2) “Manufacturer” means any person:

(a) Engaged in the business of manufacturing or assembling new or unused motor vehicles; or

(b) Engaged in the business of importing new or used motor vehicles into the United States; or

(c) Engaged in the business of selling or distributing new and unused motor vehicles to motor vehicles dealers in this state.




(3) “Motor vehicle” means any vehicle defined as such by section 4501.01 of the Revised Code.




(4) “Authorized agent” means any person within the dealership with designated authority to contractually bind the dealership.




(5) “Purchase price” means the total amount the consumer is required to pay the dealer pursuant to the contract, but excluding tax, title and registration fees and documentary service charges. A negative equity adjustment may be included in the purchase price.




(6) “MSRP,” “list,” or “sticker” means the final manufacturer's suggested retail price as stated on the federally mandated window sticker (aka Monroney).




(7) “New motor vehicle” means a motor vehicle, the legal title to which has never been transferred to an ultimate purchaser, including a demonstrator vehicle.




(8) “Demonstrator” means a new motor vehicle of the current or previous model year, for sale only by an authorized dealer of the same make and model, which is available for demonstration purposes to prospective purchasers whether operated by the dealer, its agents or employees, a third party or prospective purchaser, and has been driven less than six thousand miles.




(9) “Factory official vehicle” means a motor vehicle of the current or previous model year which has been operated by a representative or automotive related subsidiary of the manufacturer/distributor of the vehicle.




(10) “Rental vehicle” means a motor vehicle which has been operated for hire by an entity which is engaged in the business of renting vehicles, and includes daily rentals of dealers.




(11) “Invoice” or “invoice amount” is the gross amount a dealer pays the manufacturer for a vehicle before deduction of holdback or other miscellaneous charges.




(12) “Negative equity adjustment” means an equal amount which is added to both the purchase price of a vehicle and the trade-in allowance for the trade-in vehicle in a transaction.




(13) “Conversion” means a motor vehicle, other than a motor home, which has been substantially modified by a person other than the manufacturer or distributor of the chassis of the motor vehicle and which has not been the subject of a retail sale.




(14) “Advertising association or group” means a group, collection, alliance, combination, or other joining of any persons or business entities or any combination thereof, assembled or joined for the purpose of promoting or advertising products or services to consumers through the use of visual, audio or print medias.




(15) “Purchase” includes the lease of a motor vehicle.




(16) “Freight Charge” in a transaction involving the sale of a new motorcycle, a new motorized bicycle, new utility vehicle, new all-purpose vehicle, or other similar type of new vehicle that is not subject to the Automobile Information Disclosure Act of 1958, means the cost paid for the packaging and delivery of a vehicle to a motor vehicle dealer from a manufacturer or distributor. For the purposes of this rule, all references to the word “freight” shall include within that term all other words of similar import and meaning, including “shipping”, “delivery”, and “destination”.




(B) It shall be a deceptive and unfair act or practice for a dealer, manufacturer, advertising association, or advertising group, in connection with the advertisement or sale of a motor vehicle, to:




(1) Advertise an interest rate where the extension of credit is contingent upon qualification without including the disclosure “subject to approved credit” or words of similar import;




(2) In any advertisement or sales presentation, misrepresent in any way the size, inventory or nature of the business of the dealer; the expertise of the dealer; or the ability or capacity of the dealer, manufacturer, advertising association or advertising group to offer price reductions;




(3) Use any statement, layout, or illustration in any advertisement or sales presentation which could create in the mind of a reasonable consumer a false impression as to any material aspect of said advertised or offered vehicle, or to convey or permit an erroneous impression as to which vehicles are offered for sale at which prices;




(4) Advertise any motor vehicle for sale at a specific price or on specific terms if the dealer is not in possession of said vehicle or has not previously ordered said vehicle which is expected for delivery within a reasonable time unless the advertisement clearly and conspicuously discloses that the specific price applies to a vehicle which must be ordered;




(5) Advertise any motor vehicle for sale at a specific price or on specific terms and subsequently fail to show and make available for sale said vehicle as advertised;




(6) Misrepresent the availability of an advertised motor vehicle;




(7) Fail to clearly and conspicuously disclose, in any advertisement, that a particular advertised motor vehicle is not immediately available in stock and must be ordered if such is the case;




(8) Represent that advertised motor vehicles are in stock or previously ordered and expected for delivery within a reasonable time unless the dealer has or will have on hand sufficient supply of the advertised vehicles to meet reasonably anticipated demand, unless the advertisement clearly and conspicuously discloses the exact number of said vehicles on hand as of the last date on which any change can be made in the advertisement;




(9) Use the terms “MSRP,” “list” or “sticker” in any advertisement or sales presentation except in reference to the manufacturer's suggested retail price;




(10) Compare an advertised price for a new motor vehicle to any other price unless the other price is “list,” “sticker,” or “invoice”. An advertised price for a used motor vehicle may not be compared to a “list,” “sticker” or “invoice” price;




(11) Represent, state or imply in any advertisement that the purchase price is a “savings,” “discount” or words of similar import unless it is a “savings” or “discount” from the “list” or “sticker.” During the sales presentation only, the dealer may refer to a “savings” or “discount” or words of similar import in reference to a supplemental sticker that specifically discloses any additional charges related to a specific vehicle;




(12) Use the word “cost” or words or concepts of similar import, inference, or implication, except “invoice,” which relate to any reference price other than “list” or “sticker” in any advertisements. If a dealer uses the word “invoice” in any advertisement, the dealer must clearly and conspicuously disclose in the advertisement that the invoice price may not reflect the dealer's actual cost of the vehicle, and must make the actual invoice or a copy thereof available to consumers upon request;




(13) Fail to disclose, in any advertisement or sales presentation, the model, year and, for current and previous model year vehicles, the fact that the vehicle is used if it is not new. For purposes of this rule, the terms “previously owned” or “pre-owned” have the same meaning and may be substituted for the term “used”;




(14) Fail to disclose prior to the dealer's obtaining signature by the consumer on any document for the purchase of the vehicle, any defect and/or the extent of any previous damage to such vehicle, retail repair cost of which exceeds or exceeded six per cent of the manufacturer's suggested retail price, excluding damage to glass, tires and bumpers where replaced by identical manufacturer's original equipment. The above disclosure is required when the dealer has actual knowledge of the defect and/or damage and the vehicle is a new motor vehicle as defined in division (C) of section 4517.01 of the Revised Code.




(15) Fail to disclose prior to the dealer's requiring signature by the consumer on any document for the purchase or lease of the vehicle, the fact that said vehicle has been previously used as a demonstrator, factory official vehicle or rental vehicle. The above disclosure is required when such is known by the dealer;




(16) Fail to immediately make available a refund of a consumer's deposit if the consumer's offer is not accepted within four working days of delivery of such deposit or if the transaction is otherwise rescinded pursuant to paragraph (B)(17) or (B)(28) of this rule;




(17) Raise or attempt to raise the actual purchase price of any motor vehicle to a specific consumer except that a trade-in re-evaluation may occur pursuant to paragraph (B)(19) of this rule, a negative equity adjustment for a trade-in vehicle may be made, or the consumer otherwise consents to such price increase. In the instance that a motor vehicle is ordered by the dealer, the purchase price cannot be increased by that dealer after submission of the order to the manufacturer for a specific consumer except that the dealer may raise the actual purchase price by an amount equal to the increase if the dealer has actually paid the increased charge. In any instance where the purchase price of a vehicle has been increased, the consumer shall have the right to either pay the increased amount or rescind the transaction. A price increase due to a change in freight charges does not entitle a consumer to rescission;




(18) Lower or attempt to lower the price of a trade-in vehicle unless there exists a reasonable basis for such re-evaluation based upon change to that vehicle due to accident, failure of or damage to major components, removal or substitution of equipment or accessories or the market value of that vehicle at the time of the re-evaluation;




(19) Fail to disclose prior to the dealer's requiring signature by the consumer on any document for the purchase of the motor vehicle, the fact that a trade-in re-evaluation may occur, if such is the case;




(20) Represent that a motor vehicle will be delivered within a given period of time unless there exists a reasonable basis upon which such representation is made;




(21) Advertise any price for a motor vehicle unless such price includes all costs to the consumer except tax, title and registration fees, and a documentary service charge, provided such charge does not exceed the maximum documentary service charge permitted to be charged pursuant to section 1317.07 of the Revised Code. Additionally, a dealer may advertise a price which includes a deduction for a discount or rebate which all consumers qualify for, provided that such advertisement clearly discloses the deduction of such discount or rebate.




(22) No text.



[Comment: Former paragraph (B)(22) of this rule was held invalid by the Ohio supreme court. The Ohio supreme court issued an opinion on July 28, 2009, holding that to the extent paragraph (B)(22) of rule 109:4-3-16 of the Administrative Code conflicts with the parol evidence rule in “R.C. 1302.05 and allows parol evidence contradicting the final written contract, Ohio Adm. Code 109:4-3-16(B)(22) constitutes an unconstitutional usurpation of the General Assembly's legislative function and is therefore invalid.” See Williams v. Spitzer Autoworld Canton, L.L.C., (2009) 122 Ohio St.3d 546, 2009-Ohio-3554.]




(23) Advertise the price such dealer will pay for any trade-in vehicle unless:




(a) The price of motor vehicles offered for sale by such dealer is within the range of prices at which the dealer usually sells said motor vehicles and is not increased because of the amount offered for the trade-in; and




(b) The advertised trade-in price will be paid for all vehicles regardless of their condition or age, or unless the advertisement clearly and conspicuously discloses the conditions the trade-in vehicle must meet before such advertised price will be paid.




(24) Advertise the price to be paid for trade-in vehicles as a range of prices, e.g., “up to two thousand dollars” or “as much as two thousand dollars”;




(25) Add or substitute any equipment and/or service after acceptance of the purchase agreement except when such addition or substitution is beyond the control of the dealer or is otherwise with the consumer's consent.




(26) Fail to disclose the beginning and ending dates of any sale or other offer for the sale of a motor vehicle. However, if the dealer states and/or lists the specific quantity of vehicles available for sale, the dealer shall only be required to disclose the beginning date of the sale and may disclose the ending date by use of the phrase “while supply lasts.” Additionally, a dealer is not required to list a beginning date for a sale, if such sale begins on the date the advertisement appears.




(27) Advertise, represent or offer a rebate, interest reduction program or similar program or procedure in which the dealer financially contributes without the following clear and conspicuous disclosure: “dealer contribution may affect consumer cost,” or other words or terms which convey to the public the effect on consumer's cost;




(28) Fail to immediately notify the consumer of any additional or substituted equipment, features and/or service which has come to the dealer's attention pursuant to paragraph (C)(3) of this rule, and afford the consumer an opportunity to rescind the purchase agreement;




(29) Fail to disclose prior to obtaining signature by the consumer on any document for the purchase of the vehicle the fact that such vehicle was previously titled as a salvage vehicle if the seller has actual knowledge of such fact.




(30) Deliver a motor vehicle to a consumer pursuant to a sale which is contingent upon financing without a written agreement stating the parties' obligations should such financing not be obtained.




(31) Advertise a price for a conversion van without setting forth separately the “list” price for the vehicle, along with the price for the conversion package, or fail to show the discounts or other deductions which are being applied to each of these prices to arrive at the overall advertised price for the vehicle.




(32) Sell, offer for sale, or assist in the sale of more than five motor vehicles in any twelve month period, at retail, without being licensed as a dealer or salesperson pursuant to Chapter 4517. of the Revised Code, or otherwise being licensed pursuant to applicable law.




(33) Lease or assist in the lease of any motor vehicle to a consumer as defined in section 1345.01 of the Revised Code without being licensed as a motor vehicle leasing dealer or salesperson pursuant to Chapter 4517. of the Revised Code, or otherwise being licensed pursuant to applicable law.




(34) Fail to notify a consumer of a dealer's currently advertised price for a motor vehicle.




(35) In a transaction involving the sale of a new motorcycle, a new motorized bicycle, new utility vehicle, new all-purpose vehicle, or other similar type of new vehicle that is not subject to the Automobile Information Disclosure Act of 1958, to contract for and collect from a purchaser a freight charge in an amount that exceeds the dealer's actual cost of such charge, if such charge is assessed to the dealer by the manufacturer or distributor.



If a dealer contracts and collects from a purchaser a freight charge which is not included in the manufacturer's suggested retail price, the amount must:




(a) Be specified in writing by the dealer;




(b) Reflect the dealer's actual freight charge from the manufacturer or distributor; and




(c) The dealer must make the actual invoice, or a copy thereof, or other documentation furnished by the manufacturer or distributor, available to the customer upon request.




(36) Advertise the price of a new motorcycle, new motorized bicycle, new utility vehicle, new all-purpose vehicle, or other similar type of new vehicle that is not subject to the Automobile Information Disclosure Act of 1958, without clearly and conspicuously disclosing:




(a) That the advertised price includes a freight charge and enumerates the amount of the charge; or




(b) If the advertised price does not include a freight charge, that such charge will be assessed, and enumerates the amount of the charge.



If either (a) or (b) applies, the dealer must make the actual invoice, or a copy thereof, or other documentation furnished by the manufacturer or distributor available to the customer upon request.



A freight charge shall not exceed the actual costs associated with transporting the goods from the manufacturer or distributor to the dealer.



Nothing herein shall require a dealer to charge an amount for freight.




(C) It shall be a deceptive and unfair act or practice for a manufacturer, in connection with the advertisement or sale of a motor vehicle, to:




(1) Advertise the price of a vehicle and represent or imply that said vehicle is available at a specific dealer, unless a sufficient number of vehicles is available at each specified dealer to meet reasonably anticipated demand or unless the advertisement clearly and conspicuously discloses that said vehicle is not immediately available for delivery and must be ordered;




(2) Increase the price of a motor vehicle which a dealer has ordered for a consumer after the date on which such order was accepted by the manufacturer from the dealer;




(3) Add or substitute any equipment unless the dealer is notified immediately of the proposed addition and/or substitution and is given the opportunity either to rescind the purchase agreement within five days of notification or purchase the substituted or additional equipment;




(4) Advertise the price of a vehicle and represent or imply that said vehicle is available at a specific dealer unless:




(a) The advertised price includes all charges to be paid by the consumer including freight, handling and dealer preparation; or




(b) The advertisement clearly and conspicuously discloses that the advertised price is a suggested base price or that the advertised price does not include charges for freight, handling, dealer preparation or any optional equipment.




(5) Advertise, represent or offer a rebate, interest reduction program or similar program or procedure in which the dealer financially contributes without the following clear and conspicuous disclosure: “manufacturer's condition of dealer contribution may affect consumer cost,” or other words or terms which convey to the public the effect on consumer's cost.




(6) Fail to disclose to a prospective consumer, in an itemized written statement, any increase in price to a motor vehicle which is attributable to funding an advertising association, advertising group or similar entity.




(D) For purposes of this rule, and Chapter 1345. of the Revised Code, the following shall apply:




(1) In advertising a closed-end credit (purchase) transaction, in addition to complying with Regulation Z of the federal Truth-In-Lending Act, a dealer manufacturer or advertising association or group, must clearly and conspicuously disclose in any radio, television or printed advertisement the following terms: the amount of any down payment, the number of payments, the monthly payment and the annual percentage rate which may be abbreviated as A.P.R.




(2) In advertising a lease transaction, in addition to complying with Regulation M of the federal Truth-In-Lending Act, a dealer, manufacturer or advertising association or group must clearly and conspicuously disclose the following terms in any printed, television or radio advertisement: the fact that the transaction is a lease, the amount due at lease inception, the number of payments and the monthly payment. All remaining required disclosures may be set forth in a footnote to such advertisement, which must be in close proximity to the advertised vehicle in any printed or television advertisement.




(3) The information required by paragraph (B) of rule 109:4-3-07 of the Administrative Code may be set forth on the face of a contract for sale of a motor vehicle.

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Ohio Admin. Code:4-3-17.
Distress sale.
(A) Definition.

Distress Sale. A “distress sale” is any sale which is described or represented either directly or indirectly by any term which would reasonably lead a consumer to believe that the offer of such goods, either by choice or necessity, has been occasioned by any of the following factors:

(1) Termination or discontinuance by the supplier of all or any portion of the supplier’s business;

(2) Loss or termination of lease;

(3) Liquidation of assets;

(4) Fire, smoke, water or other disaster, regardless of cause;

(5) Bankruptcy or receivership;

(6) The financial condition of the supplier.

Distress sale does not include the sale of special purchase items, clearance items, or seasonal items as those terms are defined in rule 109:4-3-03 of the Administrative Code.

(B) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to:

(1) Make any representation concerning the cause, basis, reason or necessity of any distress sale unless such representation is true;

(2) Advertise, conduct or continue any distress sale for a period greater than forty-five days except that a supplier may extend the duration of a distress sale for an additional forty-five-day period by clearly and conspicuously disclosing in any advertisement or other representation regarding such distress sale the fact of such extension;

(3) Substitute or supplement the stock or inventory by purchase, consignment or transfer of goods from another outlet unless (a) such item of goods was ordered for that outlet prior to the placement of any advertisement or other representation declaring a distress sale; (b) such item of goods was ordered in compliance with rule 109:4-3-03 of the Administrative Code; or (c) such item of goods owned prior to the filing of bankruptcy or creation of a receivership is transferred from another outlet of the supplier in conformity with a court order and the supplier provides a clear and conspicuous notice of that fact in all advertisements that merchandise has been added;

(4) Misrepresent the former price, savings, quality or ownership of any goods to be sold at such sale;

(5) Fail to include in any advertisement concerning a distress sale the opening and terminating dates of the sale;

(6) Advertise or represent a distress sale for the purpose of closing and relocating an outlet at another location without clearly and conspicuously disclosing that fact;

(7) Fail to separate or otherwise clearly identify distress sale merchandise from regular stock in any distress sale advertisement;

(8) Fail to clearly and conspicuously mark, identify or otherwise physically separate at the business location each item of goods that is subject to the terms of any distress sale advertisement so their identity may be readily ascertained;

(9) Misrepresent the identity of the person or entity conducting a distress sale;

(10) Make reference to a liquidation sale or use a term of similar import unless the supplier is in fact liquidating all assets for final distribution;

(11) Advertise, announce or conduct a going-out-of-business sale and subsequently reopen, or resume within twelve months of any such distress sale the same business under the same or any new name if the ownership and/or control of such business substantially remains the same. Nothing in this provision shall be deemed to preclude a true sale of a business if that fact is clearly disclosed;

(12) Fail to comply with any license, registration, inventory itemization or other requirement of the particular political subdivision of this state wherein such distress sale is being conducted.

(C) Exceptions.

(1) Except as set forth herein, this rule shall have no application to licensed auctioneers, sheriffs or other public officials or court officers or any other person acting under the direction or authority of any court selling goods in the course of their official duties; provided that suppliers in receivership, bankruptcy, or any liquidator acting on their behalf shall be subject to the provisions of this rule unless enforcement would conflict and be preempted by federal law;

(2) Except as specifically set forth above, the requirements of this rule are in addition to all other requirements contained in Chapter 109:4-3 of the Administrative Code, pertaining to consumer transactions.

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Ohio Admin. Code: 4-3-18.
Sale and labeling of gasoline which contains alcohol.
(A) For purposes of this rule, the following definitions shall apply:

(1) “Alcohol” means a volatile flammable liquid having the general formula CnH2n+1OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles, and commonly or commercially known or sold as an alcohol, including methanol.

(2) “Co-solvent” means an alcohol or any other chemical with higher molecular weight than methanol which is blended to prevent phase separation in gasoline.

(3) “Gasoline” means any fuel sold for use in motor vehicles and commonly or commercially known or sold as gasoline whether leaded or unleaded.

(4) “Maximum percentage” means the highest amount by volume of methanol or co-solvent permitted to be blended or mixed with gasoline in conformity with the specifications established by the United States environmental protection agency pursuant to section 211 of the Clean Air Act, 42 U.S.C. section7545 , 40 C.F.R. part 79 subpart A, 58 FR 65554, as amended Dec. 15, 1993.

(5) “Methanol” means methyl alcohol, a flammable liquid having the formula CH3 OH used or sold for the purpose of blending or mixing with gasoline for use in motor vehicles, and commonly or commercially known or sold as methanol or methyl alcohol.

(6) “Motor vehicles” include all vehicles, vessels, watercraft, engines, machines, or mechanical contrivances that are propelled by internal combustion engines or motors.

(7) “Person” means an individual, sole proprietorship, partnership, corporation, association or other legal entity.

(8) “Retail dealer” means any person who owns, operates, controls, or supervises an establishment at which gasoline is sold or offered for sale to the public.

(9) “Wholesale dealer” means any person engaged in the sale of gasoline to others who the seller knows or has reasonable cause to believe intends to resell the gasoline in the same or an altered form to another.

(B) It shall be a deceptive and unfair act or practice in connection with a consumer transaction for a wholesale or retail dealer of gasoline to sell or offer for sale any gasoline blended or mixed with any alcohol, where the blend or mixture fails to meet the specifications or the registration requirements established by the United States environmental protection agency pursuant to section 211 of the Clean Air Act, 42 U.S.C. section7545 and 42 U.S.C. section40 C.F.R. part 79 subpart A. 58 FR 65554. as amended Dec. 15. 1993.

(C) It shall be a deceptive and unfair act or practice in connection with a consumer transaction, when methanol or co-solvent, or any combination thereof, is blended or mixed into gasoline in quantities greater than three-tenths of one per cent by volume and sold or offered for sale to the public, for a retail dealer to fail to disclose:

(1) The fact that the gasoline contains methanol or co-solvent;

(2) The maximum percentage to the nearest tenth of a per cent of any methanol or co-solvent contained in the gasoline.

The disclosure required by this paragraph shall be made by printed sign or label affixed to the retail dispensing pump. The printed sign or label shall be visible and legible to the purchaser and shall be displayed in a clear, conspicuous and prominent manner. The word “Contains” shall be in block letters not less than one-half inch in height. All other required disclosures shall be in block letters or numerals not less than one-quarter inch in height.

(D) It shall be a deceptive and unfair act or practice for a person who transfers the possession of gasoline at wholesale, which may affect a consumer transaction, to fail to deliver to a buyer, before or at the time of the transfer of possession of the gasoline, a written notice identifying the gasoline transferred, including any methanol or co-solvent contained therein if the gasoline contains more than three-tenths of one per cent of methanol or co-solvent, or any combination thereof, by volume. The notice required by this rule shall be contained in or affixed to a manifest, invoice or other instrument or document of sale of title and shall specify in capital letters the type and maximum percentage by volume to the nearest tenth of a per cent of any methanol or co-solvent.

.

Ohio Admin. Code:4-3-19.
Determining a consumer's ability to repay a residential mortgage loan.
(A) Division (B)(2) of section 1345.031 of the Revised Code prohibits a supplier from engaging in a pattern or practice of providing residential mortgage loan transactions to consumers based predominantly on the supplier's realization of the foreclosure or liquidation value of the consumer's collateral without regard to the consumer's ability to repay the loan in accordance with its terms, provided that the supplier may use any reasonable method to determine a borrower's ability to repay the loan. Such methods may include, but shall not be limited to, verification of the borrower's current and expected income, current and expected cash flow, net worth and other financial resources, current financial obligations, property taxes and insurance, assessments on the property, employment status, credit history, and other relevant factors such as debt-to-income ratio, credit score, tax returns, pension statements, employment payment records, and statements or information submitted by the consumer in their mortgage loan application, provided that no supplier shall disregard facts and circumstances that indicate that the financial or other information submitted by the consumer is inaccurate or incomplete.

(B) “Pattern or practice” is not established by isolated, random, or accidental acts, although it can be established without the use of a statistical process. In addition, a supplier may be acting pursuant to a written or unwritten policy and that action alone could establish a pattern or practice of making mortgage loans in violation of this rule.

(C) “The supplier's realization of the foreclosure value of the consumer's collateral” means the amount of money the supplier would reasonably be expected to recoup from the proceeds of a court-ordered sale of the collateral through a foreclosure action.

(D) “The supplier's realization of the liquidation value of the consumer's collateral” means the amount of money the supplier would reasonably be expected to recoup from the proceeds of a sale of the collateral by the consumer.

(E) In addition to the factors listed in paragraph (A) of this rule, and without limiting the applicability of division (B)(2) of section 1345.031 of the Revised Code and this rule to all residential mortgage loan products, for nontraditional mortgage loan products and mortgage loan products with a discounted introductory rate, great weight and due consideration shall be given to the federal Interagency Guidance on Nontraditional Mortgage Product Risks, 71 Fed. Reg. 58,609 (2006), as amended, in deciding whether or not the supplier used a reasonable method of determining a borrower's ability to repay the loan.

(F) Neither division (B)(2) of section 1345.031 of the Revised Code nor this rule shall apply to reverse mortgages.

(G) All records, worksheets, or supporting documentation used by the supplier in conducting an analysis of the consumer's ability to repay the loan in accordance with its terms shall be maintained by that supplier in the consumer's loan file for each residential mortgage loan transaction for a period of at least two years from the date of closing, or as required by other applicable state or federal law, whichever time period is greater. The records required to be maintained by this rule may be retained in an electronic format.

(H) For purposes of paragraph (A) of this rule, a consumer shall be considered to have an ability to repay if the lender is offering a fully-amortizing fixed-rate refinance loan that has the same or lesser interest rate as the consumer's current loan, the same or lesser principal amount as the consumer's current loan, and does not extend the payoff date of the consumer's current loan. If the consumer currently has an adjustable rate mortgage, the interest rate of the consumer's current loan is the interest rate the consumer is paying as of the date of the refinance.

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Ohio Admin. Code:4-3-20.
Refinancing a low rate mortgage.
For purposes of division (B)(4) of section 1345.031 of the Revised Code:

(A) “The current yield on United States treasury securities with a comparable maturity” means the yield as reported by the Federal Reserve on the fifteenth day of the month immediately preceding the month in which the application for the extension of credit is obtained by the supplier, for a United States treasury security with a maturity period equal to that of the consumer's existing loan, or for the United States treasury security with the closest shorter maturity period in the event there is no treasury security of an equal maturity period.

(B) “Discounted introductory rate” means an interest rate that, by the terms of the mortgage loan agreement, will increase at the expiration of the introductory time period or by the occurrence of a specific triggering event to a specific higher interest rate but does not include any mortgage loan agreement where the specific higher interest rate is not known or determinable with certainty at the time of execution of the mortgage loan.

(C) “A rate that automatically steps up over time” means an interest rate that, by terms of the mortgage loan agreement, will increase at known time intervals to a higher specific interest rate but does not include any mortgage loan agreement where the specific higher interest rate is not known or determinable with certainty at the time of the execution of the mortgage loan.

(D) “The fully indexed rate” means the higher interest rate that will be imposed after the expiration of the introductory time period or by the occurrence of a specific triggering event for a mortgage loan agreement in which the current interest rate is a discounted or less than fully amortized interest rate.

(E) “The fully stepped-up rate” means the highest interest rate that will be imposed after all automatic increases have occurred for a mortgage loan agreement in which the current interest rate is a rate that will automatically step-up over time.

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Ohio Admin. Code:4-3-21.
Instructing consumer to ignore information.
For purposes of division (B)(5) of section 1345.031 of the Revised Code:

(A) “Instructing the consumer to ignore the supplier's written information” includes, but shall not be limited to, the supplier promising the consumer a specific interest rate or a specific number or dollar amount of points that is lower than the interest rate or points amount listed in the supplier's written information.

(B) The “dollar value of points” includes points expressed as either a percentage figure or a specific dollar figure, with “point” defined as a charge equal to one percent of either the principal amount of a pre-computed or interest-bearing loan, or one percent of the original credit line of an open-end loan.

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Ohio Admin. Code:4-3-22. Recommending default. For purposes of division (B)(6) of section 1345.031 of the Revised Code, the phrase “recommending or encouraging a consumer to default” means to suggest, advise, instruct, or endorse that the consumer should fail to comply with any of the terms of a residential mortgage or any consumer transaction or revolving credit agreement.

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Ohio Admin. Code 109:4-3-23.
Required disclosure at closing.
(A) Division (B)(8) of section 1345.031 of the Revised Code states that no supplier shall fail to disclose to the consumer at the closing of the consumer transaction that a consumer is not required to complete a consumer transaction merely because the consumer has received prior estimates of closing costs or has signed an application and should not close a loan transaction that contains different terms and conditions than those the consumer was promised.

(B) To comply with division (B)(8) of section 1345.031 of the Revised Code, a supplier must provide the notice attached to this rule as addendum A, in writing, in duplicate, in at least fourteen point type, signed and dated by the consumer before the consumer signs any other document at the closing of the loan. Compliance with this provision by any supplier required to provide the notice is deemed to constitute compliance by all suppliers required to provide the notice.

(C) The supplier shall provide a copy of the signed disclosure required under this rule to the consumer at the closing. In the event there is more than one consumer who is a party to the residential mortgage loan transaction, the supplier must obtain the signature of, and provide a copy of, the signed disclosure required under this rule to each consumer.

(D) The supplier shall retain the original or a copy of the signed closing disclosure form required under this rule in the consumer's loan file for a period of at least two years from the date of closing, or as required by other applicable state or federal law, whichever time period is greater. Records required to be retained under this rule may be retained in an electronic format.

(E) The requirement that the supplier obtain and retain the disclosure required under this rule cannot be waived.

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Ohio Admin. Code 109:4-3-24.
Improperly influencing appraiser.
(C) Until the seller has complied with this section, the buyer may cancel the contract by delivering to the seller by certified mail, personal or manual delivery, or telegraphing written notice of his intention to cancel. The period within which the buyer may cancel the contract prescribed by this section begins to run from the time of1 the seller complies with divisions (A) and (B) of this section.

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Ohio Admin. Code 109:4-3-25. Debt collection agreements.(A) Division (B)(10) of section 1345.031 of the Revised Code states that in connection with a consumer transaction, a supplier is prohibited from knowingly compensating, instructing, inducing, coercing, or intimidating, or attempting to compensate, instruct, induce, coerce, or intimidate, a person licensed or certified under Chapter 4763. of the Revised Code for the purpose of corrupting or improperly influencing the independent judgment of the person with respect to the value of the dwelling offered as security for repayment of a mortgage loan.

(B) Without limiting the scope or applicability to other acts or practices that may violate division (B)(10) of section 1345.031 of the Revised Code, a supplier is “attempting to instruct or induce a person licensed or certified under Chapter 4763. of the Revised Code for the purpose of improperly influencing the independent judgment of that person with respect to the valuation of the dwelling offered as security for repayment of a mortgage loan” if:

(1) In the case of any refinance loan or non-purchase second mortgage loan, a supplier, or any person acting at the supplier's direction, identifies on the appraisal order form or communicates by any other means to any person licensed or certified under Chapter 4763. of the Revised Code, either the loan amount or any other express or implied statement of the anticipated or desired appraisal valuation of the dwelling subject to the appraisal; or,

(2) In the case of any purchase money mortgage loan, including any second mortgage loan connected to a sale transaction, a supplier or person acting at the supplier's direction, except as set forth herein, identifies on the appraisal order form or communicates by any other means to any person licensed or certified under Chapter 4763. of the Revised Code, either the loan amount or any other express or implied statement of the anticipated or desired appraisal valuation of the dwelling subject to the appraisal. This prohibition does not preclude the supplier, or a person acting at the direction of the supplier, from disclosing either the sales price of the property or providing a copy of the sales agreement to the person licensed or certified under Chapter 4763. of the Revised Code. However, if the supplier knows that within the preceding thirty days there had been a separate sales agreement between the buyer and seller containing a lower sales price for the same property, the supplier shall provide a copy of the prior sales agreement to the appraiser and append a copy of the prior sales agreement to any appraisal the supplier provides to the consumer, lender or anticipated purchaser of the note.

(C) It is not a violation of division (B)(10) of section 1345.031 of the Revised Code or this rule for a supplier, based upon a good faith belief that a completed appraisal report prepared by a person licensed or certified under Chapter 4763. of the Revised Code contains an error or is professionally deficient, to request, in writing or by electronic transmittal, that the appraiser who prepared the appraisal report consider additional appropriate information about the dwelling or property; provide further detail, substantiation, or explanation for the appraiser's valuation; or correct errors in the appraisal. However, the supplier may not request, orally or in writing, that an appraiser review or revise their appraisal report on the grounds that the valuation is not high enough to qualify the consumer for the proposed loan.

(D) This rule shall not be construed to preclude a supplier from communicating any information to a person licensed or certified under Chapter 4763. of the Revised Code that is required to be communicated to the appraiser by Chapter 1322. of the Revised Code, Chapter 4763. of the Revised Code, or by the Uniform Standards of Professional Appraisal Practice as promulgated by the appraisal standards board of the appraisal foundation, including, without limitation, a copy of a previously completed appraisal report provided to a person licensed or certified under Chapter 4763. of the Revised Code for the purpose of an appraisal review.

(E) For purposes of this rule a “refinance loan” includes any subsequent first mortgage loan on the borrower's primary residence or other property subject to coverage pursuant to division (A) of section 1322.01 of the Revised Code.

(F) For purposes of this rule the words “appraisal,” “appraisal report,” “appraisal foundation,” and “valuation” have the same definition as contained in section 4763.01 of the Revised Code.

(G) Each supplier who orders or controls the referral of an appraisal on a residential mortgage lending transaction and each supplier who subsequently comes into possession of appraisal documents shall retain all documents related to the appraisal in the borrower's residential mortgage loan file for a period of at least two years from the date of closing, or as required by other applicable state or federal law, whichever time period is greater. This document retention requirement applies to any appraisal, whether or not the appraisal is ultimately relied upon to set the market value of the real property underlying the residential mortgage loan. Records required to be maintained by this rule may be retained in an electronic format.

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Ohio Admin. Code 109:4-3-26.
Reasonable, tangible net benefit.
(A) Division (B)(12) of section 1345.031 of the Revised Code states that a supplier shall not knowingly or intentionally engage in the act or practice of “flipping” a residential mortgage loan by making a residential mortgage loan that refinances an existing residential mortgage loan when the new loan does not have a reasonable, tangible net benefit to the consumer considering all of the circumstances, including the terms of both the new and refinanced loans, the cost of the new loan, and the consumer's circumstances. “Reasonable tangible net benefit” is determined by a weighing of the relative costs and benefits to the consumer of replacing the consumer's existing loan with the new loan under the totality of the circumstances.

(B) The phrase “terms of both the new and refinanced loan” includes, but shall not be limited to, the monthly payment, the interest rate, the interest rate type (i.e., adjustable or fixed), the loan duration, the mortgage product type, the loan amount, any prepayment penalty, and any required insurance.

(C) The phrase “cost of the new loan” includes, but shall not be limited to, all paid or financed points and fees, all broker compensation paid, directly or indirectly, in connection with the new loan, any prepayment penalty paid on the consumer's existing loan in connection with the refinancing, and any other closing costs disclosed on the HUD-1 settlement statement for the new loan that were paid or financed by the consumer.

(D) The phrase “all of the circumstances” may include, but shall not be limited to, the amount of cash received by the consumer in excess of and in relation to the fees and costs of the refinancing, the loan-to-value ratio of the new loan compared to the pre-existing loan, the necessity of the consumer to comply with a court order, and the amount of time that has lapsed between the new loan and the origination of the pre-existing loan.

(E) All records, worksheets, and supporting documentation used by the supplier in determining the “reasonable, tangible net benefit” of a new loan that is a refinancing of the consumer's existing loan shall be maintained by that supplier in the consumer's loan file for each residential mortgage loan transaction for a period of at least two years from the date of closing, or as required by other applicable state or federal law, whichever time period is greater. Records required to be maintained by this rule may be retained in an electronic format.

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Ohio Admin. Code 109:4-3-27.
No reasonable probability of payment.
(A) Pursuant to division (B)(14) of section 1345.031 of the Revised Code, no supplier shall enter into a consumer transaction knowing there was no reasonable probability of payment of the obligation by the consumer.

(B) The supplier's analysis of the reasonable probability of payment of the obligation by the consumer may include, but shall not be limited to, verification of the borrower's current and expected income, current and expected cash flow, net worth and other financial resources (other than the consumer's equity in the dwelling that secures repayment of the loan), current financial obligations, property taxes and insurance, assessments on the property, employment status, credit history, and other relevant factors such as debt-to-income ratio, credit score, tax returns, pension statements, employment payment records, and statements or information submitted by the consumer in their mortgage loan application, provided that no supplier shall disregard facts and circumstances that indicate that the financial or other information submitted by the consumer is inaccurate or incomplete.

(C) In addition to the factors listed in paragraph (B) of this rule, and without limiting the applicability of division (B)(14) of section 1345.031 of the Revised Code and this rule to all residential mortgage loan products, for nontraditional mortgage loan products and mortgage loan products with a discounted introductory rate, great weight and due consideration shall be given to the federal Interagency Guidance on Nontraditional Mortgage Product Risks, 71 Fed. Reg. 58,609 (2006), as amended, in deciding whether or not the supplier used a reasonable method of determining whether there was a reasonable probability of payment of the obligation by the consumer.

(D) Neither division (B)(14) of section 1345.031 of the Revised Code nor this rule shall apply to reverse mortgages.

(E) All records, worksheets, or supporting documentation used by the supplier in conducting an analysis of the reasonable probability of payment of the obligation by the consumer shall be maintained by that supplier in the consumer's loan file for each residential mortgage loan transaction for a period of at least two years from the date of closing, or as required by other applicable state or federal law, whichever time period is greater. The records required to be maintained by this rule may be retained in an electronic format.

(F) For purposes of paragraph (A) of this rule, a consumer shall be considered to have a reasonable probability of payment if the lender is offering a fully-amortizing fixed-rate refinance loan that has the same or lesser interest rate as the rate of the consumer's current loan, the same or lesser principal amount as the consumer's current loan, and does not extend the payoff date of the consumer's current loan. If the consumer currently has an adjustable rate mortgage, the interest rate of the consumer's current loan is the interest rate the consumer is paying as of the date of the refinance.

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Ohio Admin. Code 109:4-3-28.
Unconscionable terms in home mortgage loans.
(A) Pursuant to division (C)(1) of section 1345.031 of the Revised Code, any unconscionable arbitration clause, unconscionable clause requiring the consumer to pay the supplier's attorney fees, or unconscionable liquidated damages clause included in a mortgage loan contract is unenforceable.

(B) The basis for determining that an arbitration clause is unconscionable shall be on grounds that exist at law or in equity for the revocation of any contract.

(C) Mortgage loan contract clauses that are unconscionable and unenforceable pursuant to division (C) of section 1345.031 of the Revised Code, include, but shall not be limited to:

(1) An arbitration clause that is not clearly and conspicuously disclosed to the consumer;

(2) An arbitration clause that limits, restricts or precludes the applicability of any rights or remedies afforded the consumer under Chapter 1345. of the Revised Code;

(3) An arbitration clause that provides for a limitation on actions of a shorter duration than provided for by statute under state or federal law;

(4) An arbitration clause that fails to provide the consumer with fair and reasonable access to discover and present information, documents and other evidence necessary to support the consumer's claim or defense;

(5) An arbitration clause that requires that the arbitration decision remain confidential;

(6) An arbitration clause that fails to provide an appeal process for a decision on the basis that the decision is arbitrary, capricious or contrary to law;

(7) A liquidated damages clause is unconscionable unless fixing the amount of actual damages is impracticable or extremely difficult, the amount selected represents a reasonable endeavor by the supplier and consumer to estimate fair compensation for the loss sustained by the breach described, and the amount is not a penalty. This provision does not prohibit a supplier from imposing and collecting late payment fees and check collection charges as permitted by law or from accelerating loan repayment in conformity with division (B)(3) of section 1345.031 of the Revised Code;

(8) A mandatory attorney fee clause that purports to bind the consumer to the payment of the supplier's attorney fees or legal costs in connection with the supplier's claim that the consumer has breached a term of the residential mortgage loan. This prohibition does not preclude the supplier from requesting or receiving an award of attorney fees or legal costs as a prevailing party in a civil action as provided by law and ordered by a court.

(D) In determining whether or not an arbitration clause in a residential mortgage loan is unconscionable, great weight and due consideration shall be given to the “Statement of Principles” of the National Consumer Disputes Advisory Committee in the “Consumer Due Process Protocol” promulgated by the American arbitration association.

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Ohio Admin. Code 109:4-3-29.
Distribution and receipt f home mortgage loan informational document.
(A) Division (G) of section 1345.05 of the Revised Code requires that the “Informational Document” published by the attorney general in accordance with division (A)(4) of section 1345.05 of the Revised Code shall be made available for distribution to consumers who are applying for a mortgage loan. An “Acknowledgement of Receipt” form shall be retained by the lender, mortgage broker, and loan officer, as applicable, subject to review by the attorney general and department of commerce.

(B) The supplier who takes the consumer's mortgage loan application shall provide the required “Informational Document” and “Acknowledgement of Receipt” form to the applying consumer, free of cost:

(1) At the time of application when the loan application is submitted by the consumer in person; or,

(2) Within five business days after taking the loan application if the loan is not submitted in person, i.e., via internet, facsimile or telephone.

(C) The “Acknowledgment of Receipt” form must be in writing, in duplicate, in at least fourteen point type, signed and dated by the consumer making the application, and shall read according to addendum A of this rule.

(D) If a supplier provides the “Informational Document” and “Acknowledgement of Receipt” form other than in person, the supplier must also provide the consumer with instructions on completing the form and a cost-free method by which the consumer can return the signed original to the supplier.

(E) The supplier providing the “Informational Document” shall retain the original or a copy of the “Acknowledgment of Receipt” form in the consumer's loan file for a period of at least two years from the date of closing, or as required by other applicable state or federal law, whichever time period is greater. The supplier may retain the “Acknowledgement of Receipt” form in an electronic format.

(F) Neither the requirement that the “Informational Document” be provided to the mortgage loan applicant nor the requirement of providing, obtaining, and retaining the “Acknowledgement of Receipt” form can be waived.

(G) The “Informational Document” and “Acknowledgment of Receipt” form may be provided to the consumer with other disclosures or forms required to be provided to the consumer by federal or state law.

(H) In the event that the consumer fails to return the “Acknowledgement of Receipt” form to the supplier, the supplier may satisfy the requirements of division (G) of section 1345.05 of the Revised Code and this rule by presenting documentary proof that the supplier mailed, delivered, or electronically transmitted the required documents within the required time period.

(I) It is an unfair or deceptive act or practice in violation of division (A) of section 1345.02 of the Revised Code for a supplier required to retain the “Acknowledgement of Receipt” form pursuant to division (G) of section 1345.05 of the Revised Code and this rule to fail to promptly respond to a request by the attorney general or department of commerce to review the “Acknowledgement of Receipt” form.

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Ohio Admin. Code 109:4-3-30.
Limitation on advance payments.
(A) Division (B)(9) of section 1345.031 of the Revised Code prohibits a supplier from arranging for or making a consumer transaction that includes terms under which more than two periodic payments required under the consumer transaction are consolidated and paid in advance from the loan proceeds provided to the consumer.

(B) The provisions of division (B)(9) of section 1345.031 of the Revised Code shall not apply to any residential mortgage loan with a maturity of less than one year, if the purpose of the loan is a “bridge” loan connected with the acquisition or construction of a dwelling intended to become the consumer's principal dwelling. However, this exemption shall not apply to a “covered loan” as that term is defined under division (D) of section 1349.25 of the Revised Code, or a mortgage under section 152(a) of the “ Home Ownership and Equity Protection Act of 1994,” 108 Stat. 2190, 15 U.S.C.A. 1602(aa), as amended, and the regulations adopted thereunder by the federal reserve board, as amended.

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Ohio Admin. Code 109:4-4-01.
Authority, construction and purposes of rules; severability; and definitions.
(A) Authority, rules of construction, purposes

(1) This chapter is adopted by the office of the attorney general of Ohio pursuant to division (A) of section 1345.77 and Chapter 119. of the Revised Code.

(2) Without limiting the scope of any section of the Revised Code or any other rule, this chapter shall be liberally construed and applied to promote their purposes and policies.

(3) The purposes and policies of this chapter are to:

(a) Define with reasonable specificity the qualifications for the certification of informal dispute settlement programs for the resolution of new motor vehicle warranty disputes between the consumer and the manufacturer or its agents.

(b) Encourage the establishment and qualification of dispute resolution programs for settlement of new motor vehicle warranty disputes


(B) Severability

Each substantive rule and every part of each substantive rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule, and, to this end, each and every rule, paragraph, sentence, clause, phrase, or provision of this chapter is hereby declared severable.

(C) Definitions

(1) For purposes of this chapter, the definitions found in section 1345.71 of the Revised Code, including any amendments, shall apply.

(2) “The act” means sections 1345.71 to 1345.77 of the Revised Code, including any amendments.

(3) “Board” means the organization, person, or entity which conducts the dispute-settlement processes, including but not limited to conciliation, mediation, or arbitration procedures by which a warrantor has agreed to be bound.

(4) “Arbitrators” means the person or persons within a board actually deciding disputes.

(5) “On the face of the warranty” means the page on which the warranty text begins or on the first page of an alternative document issued by the warrantor for the purpose of complying with this chapter.

(6) “Warrantor” means the manufacturer or distributor of a new motor vehicle which provides a warranty for that motor vehicle.

(7) “Warranty disputes” means any unresolved complaint initiated by a consumer which alleges a nonconformity in a motor vehicle relating to a written warranty.

(8) “Attorney general” means the attorney general of Ohio, or his or her representative.

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Ohio Admin. Code 109:4-4-02.
Option to establish informal dispute settlement boards.
(A) One or more warrantors may establish an informal dispute settlement board.

(B) If the board meets the requirements of this rule and the application procedures set forth in Chapter 109:4-5 of the Administrative Code, the attorney general shall qualify the board as to complying warrantors.

(C) Nothing contained in this chapter shall preclude the consumer from electing among available qualifying boards for purposes of satisfying the requirements of the act.

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Ohio Admin. Code 109:4-4-03.
Duties of warrantor.
(A) In order to qualify a board to hear its warranty disputes, a warrantor must comply with the provisions of this rule.

(B) The warrantor shall not incorporate into the terms of a written warranty a board that fails to comply with the requirements contained in this chapter. This paragraph shall not prohibit a warrantor from incorporating into the terms of a written warranty the step-by-step procedure which the consumer should follow in order to obtain performance under the warranty.

(C) The warrantor shall disclose clearly and conspicuously at least the following information on the face of the written warranty and on a sign posted in a conspicuous place within that area of the warrantor's agent's place of business to which consumers are directed by the warrantor:

(1) A statement of the availability of the board;

(2) The board's name, address, and a telephone number which consumers may use without charge;

(3) A statement of the requirement that the consumer resort to a qualified board before initiating a legal action under the act, together with a disclosure that, if a consumer chooses to seek redress by pursuing rights and remedies not created by the act, resort to the board would not be required by any provision of the act. This statement will be deemed to be disclosed if the warrantor or the warrantor's agent either posts a sign in a conspicuous place, or gives the consumer a separate form at the time of the initial face-to-face contact, which clearly and conspicuously contains the following language in boldface ten point type:



“NOTICE



OHIO LAW REQUIRES YOU TO USE A QUALIFIED ARBITRATION PROGRAM BEFORE SUING THE MANUFACTURER OVER NEW CAR WARRANTY DISPUTES. FAILURE TO ARBITRATE YOUR CLAIM MAY PRECLUDE YOU FROM MAINTAINING A LAWSUIT UNDER SECTION 1345.75 OF THE REVISED CODE.”




(4) A statement, if applicable, indicating where further information about the board can be found in materials accompanying the motor vehicle, as provided in paragraph (D) of this rule.




(D) The warrantor shall include in the written warranty or in a separate section of materials accompanying the motor vehicle the following information:




(1) Either (a) a postage-paid post card addressed to the board requesting the information which a certified board may require for prompt resolution of warranty disputes; or (b) a telephone number of the board which consumers may use without charge;




(2) The name and address of the board;




(3) A brief description of board procedures;




(4) The time limits adhered to by the board; and




(5) The types of information which the board may require for prompt resolution of warranty disputes.




(E) The warrantor shall take steps reasonably calculated to make consumers aware of the existence of the board at the time consumers experience warranty disputes. Nothing contained in this chapter shall limit the warrantor's option to encourage consumers to seek redress directly from the warrantor. However, the warrantor cannot expressly require consumers to seek redress directly from the warrantor. The warrantor must clearly and conspicuously disclose to the consumer the following information:




(1) That the process of seeking redress directly from the warrantor is optional and may be terminated at any time by either the consumer or warrantor; and




(2) That, if the matter is submitted to a qualified board, a decision, which shall be binding on the warrantor, will be rendered within forty days from the date that the board first receives notification of the dispute.



The warrantor shall proceed fairly and expeditiously to attempt to resolve all disputes submitted directly to the warrantor.




(F) The warrantor shall:




(1) Designate a contact person to receive notices for purposes of this chapter and Chapter 109:4-5 of the Administrative Code;




(2) Respond fully and promptly to reasonable requests by the board for information relating to disputes;




(3) Upon notification of any decision of the board that would require action on the part of the warrantor, perform any obligations required by the mechanism's decision.




(G) The warrantor shall act in good faith in performing a board's decision.




(H) The warrantor shall comply with any reasonable requirements imposed by the board to fairly and expeditiously resolve warranty disputes.

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Ohio Admin. Code 109:4-4-04.
Minimum requirements of the board.
(A) Board organization

(1) The board shall be funded and competently staffed at a level sufficient to ensure fair and expeditious resolution of all disputes, and shall not charge consumers any fee for use of the board.

(2) The warrantor, the sponsor of the board (if other than the warrantor), and the board shall take all steps necessary to ensure that the board and its arbitrators and staff are sufficiently insulated from the warrantor and the sponsor, so that the decisions of the arbitrators and the performance of the staff are not influenced by either the warrantor or the sponsor. Necessary steps shall include, at a minimum, committing funds in advance of submission of disputes, basing personnel decisions solely on merit, and not assigning conflicting warrantor or sponsor duties to board staff persons. The board shall collect and maintain detailed information relating to any interest and involvement of the arbitrators in the manufacture, distribution, sale or service of any motor vehicle.

(3) The board shall impose any other reasonable requirements necessary to ensure that the arbitrators and staff act fairly and expeditiously in each dispute.

(B) Qualification of arbitrators

(1) No arbitrator shall be:

(a) A party to the dispute or an employee or agent of a party other than for purposes of deciding disputes; or

(b) A person who is or may become a party in any pending legal action, including but not limited to class actions, relating to the product or complaint in dispute or an employee or agent of such persons other than for purposes of deciding disputes. For purposes of this paragraph, a person shall not be considered a “party” solely because he or she acquires or owns an interest in a party solely for investment, and the acquisition or ownership of an interest which is offered to the general public shall be prima facie evidence of its acquisition or ownership solely for investment.

(2) The composition of the arbitration panel(s) shall be as follows:

(a) If a panel consists of less than three arbitrators, all shall be persons having no direct involvement in the manufacture, distribution, sale or service of any motor vehicle.




(b) If a panel consists of three or more arbitrators, at least two-thirds shall be persons having no direct involvement in the manufacture, distribution, sale or service of any motor vehicle.




(3) “Direct involvement” shall not include acquiring or owning an interest solely for investment, and the acquisition or ownership of an interest which is offered to the general public shall be prima facie evidence of its acquisition or ownership solely for investment.




(4) Notwithstanding paragraph (B)(2) of this rule, any arbitrator selected to hear a dispute shall, immediately upon notification of such selection, disclose to the board any investment he or she has, in any company which is involved in the manufacture, distribution, sale or service of any motor vehicle. If, during the pendency of any dispute, any arbitrator acquires such an interest, he or she shall immediately disclose such acquisition to the board. Any disclosure shall be in writing and the board shall deliver a copy to each party. Upon receipt of such disclosure, a party may elect to disqualify the arbitrator from hearing the dispute.




(5) Nothing contained in paragraph (B) of this rule shall prevent the arbitrators from consulting with any neutral persons knowledgeable in the technical, commercial or other area relating to motor vehicles which is the subject of the dispute.




(6) Arbitrators shall be persons interested in the fair and expeditious settlement of consumer disputes.




(C) Operation of the board




(1) The board shall establish written operating procedures which shall include at least those items specified in paragraphs (C)(2) to (C)(12) of this rule and the information required by paragraph (F)(3) of this rule. Copies of the written procedures shall be made available to any person upon request.




(2) Upon written notification of a dispute, the board shall immediately inform both the warrantor and the consumer of receipt of the dispute by a written notice which includes the following disclosure which must be in bold face ten point type:


“OHIO LAW REQUIRES YOU TO USE A QUALIFIED ARBITRATION PROGRAM BEFORE SUING THE MANUFACTURER OVER NEW CAR WARRANTY DISPUTES. FAILURE TO ARBITRATE YOUR CLAIM MAY PRECLUDE YOU FROM MAINTAINING A LAWSUIT UNDER SECTION 1345.75 OF THE REVISED CODE.”




(3) The board shall investigate, gather and organize all information necessary for a fair and expeditious decision on each issue in dispute. When information submitted by any source tends to contradict facts submitted by any party, and the information will or may be used in the decision, the board shall clearly, accurately, and completely disclose to both parties the contradictory information (and its source) and shall provide both parties an opportunity to explain or rebut the information and to submit additional materials. All written documents relating to or accounts of the transaction or services in dispute shall be signed by the person who makes it. Nothing contained herein shall prevent or discourage the board from attempting to settle disputes prior to a hearing. Disputes which are settled after written notification to the board but prior to a hearing shall be reported to the attorney general on forms to be approved by the attorney general, which shall contain, at a minimum, the following information:




(a) The date the complaint was received;




(b) The relief requested by the consumer;




(c) The nature of the settlement; and




(d) The date the settlement was implemented.




(4) Prior to the hearing, the board shall provide the arbitrators with copies of the information collected under paragraph (C)(3) of this rule and shall further provide a conspicuous statement indicating that a neutral technician is available (if the board does not provide one at all hearings) and whom to contact should the arbitrators deem it necessary to have such consultation provided either prior to, or at, the hearing.




(5) If the dispute has not been settled, the board shall, as expeditiously as possible but at least within forty days of notification of the dispute, except as provided in paragraph (C)(8) of this rule:




(a) Render a fair decision signed by all arbitrators making the decision, and conforming with paragraph (C)(6) of this rule, based on the information gathered as described in paragraph (C)(3) of this rule, and on any information submitted at an oral presentation which conforms to the requirements of paragraph (C)(9) of this rule. A decision shall include any remedies ordered by the panel, including repair, replacement, refund, reimbursement for expenses, and any other remedies available under the written warranty or the act (or rules thereunder); and a decision shall state a specified reasonable time for performance;




(b) Disclose to the warrantor, and the consumer, its decision, the reasons therefor, and the information described in paragraph (C)(7) of this rule.



For purposes of this paragraph, a dispute shall be deemed settled when the board has ascertained from the consumer his or her acceptance of the offer and that the settlement has been fully implemented.




(6) The board's arbitration decision shall be disclosed to the attorney general on forms to be approved by the attorney general, which shall contain, at a minimum, the following information:




(a) Date the complaint was received;




(b) Relief requested by the consumer;




(c) Decision of the arbitrator(s) and reasons therefor;




(d) Date of the decision;




(e) A specific date for completion of the transactions necessary to carry out the decision of the board;




(f) A statement that the decision is binding upon the warrantor and not the consumer, unless the consumer elects to accept the decision;




(g) The time within which the consumer must respond;




(h) Determination of whether the decision was accepted or rejected by the consumer.




(7) The board shall inform the consumer at the time of disclosure required in paragraph (C)(5) of this rule that:




(a) If he or she is dissatisfied with its decision or if the warrantor, its agent, or its authorized dealer fails to promptly fulfill the terms of the board's decision, the consumer may seek redress by other rights and remedies, including asserting a cause of action under section 1345.75 of the Revised Code.




(b) The consumer may obtain, at reasonable cost, copies of all board records relating to the consumer's dispute.




(8) The board may delay the performance of its duties under paragraph (C)(5) of this rule beyond the forty-day time limit:




(a) Where the period of delay is due solely to the failure of a consumer to provide promptly his or her name and address, make, model and vehicle identification number of the motor vehicle involved, and a statement as to the nature of the defect or other complaint;




(b) For a seven-day period in those cases where the consumer has made no attempt to seek redress directly from the warrantor;




(c) For a fourteen-day period for delays due solely to compliance with the requirement contained in paragraph (C)(3) of this rule that the board provide the parties with an opportunity to explain or rebut contradictory information;




(d) For a fourteen-day period for delays due to consumer requests for hearing postponement, consumer failure to submit adequate information which the arbitrator(s) feel(s) is needed to render a decision, arbitrator unavailability, or acts of God.




(e) For a fourteen-day period at the discretion of the arbitrator(s). The reason for any such discretionary delay shall be disclosed and reported with the other information required by paragraphs (C)(5) and (C)(6) of this rule.




(f) Where the dispute is settled but the settlement is not fully implemented.




(9) The board must allow an oral presentation at the request of the consumer. If the consumer elects an in-person oral presentation, the warrantor may make its presentation in person, by telephone conference call, or by written submission. If the consumer elects an oral presentation by telephone conference call, the warrantor may make its presentation by telephone conference call, or by written submission. If the consumer does not request an oral presentation the warrantor shall make its presentation by written submission. Upon receipt of the dispute the board shall fully disclose to the parties the following information:




(a) That an oral presentation either in person or by telephone conference call will take place if requested by the consumer, but that, once requested, if one party fails to appear or give an oral presentation at the agreed-upon time and place, the presentation by the other party shall be allowed; and




(b) That the arbitrators will decide the dispute based upon written presentations if an oral presentation is not requested;




(c) That each party is permitted to be represented by a person of his or her choice;




(d) That the date, time and place for the presentation will be arranged to accommodate, where possible, the geographic and time-of-day needs of the parties;




(e) A brief description of what will occur at the presentation, including, if applicable, parties' rights to bring witnesses and/or counsel, and to ask questions of other parties, witnesses and/or counsel; and




(f) That each party has the right to either be present during the other party's oral presentation or, in lieu of attending, to submit a written presentation.



Nothing contained in paragraph (C)(9) of this rule shall preclude the board from allowing an oral presentation by one party, if the other party fails to appear or give an oral presentation at the agreed-upon time and place, as long as all of the requirements of paragraph (C)(9) of this rule have been satisfied.




(10) If the warrantor has agreed to perform any obligations as part of a settlement agreed to after notification to the board of the dispute or has been ordered to perform any obligations as a result of a decision under paragraph (C)(5) of this rule, the board shall ascertain from the consumer within ten working days of the date for performance whether performance has occurred and the board's finding shall be noted in its records.




(11) A requirement that a consumer resort to the board prior to commencement of an action under the act shall be satisfied forty days after notification to the board of the dispute or when the board completes all of its duties under paragraph (C)(5) of this rule, whichever occurs sooner. Except that, if the board delays performance of its duties required by paragraph (C)(5) of this rule, as allowed by paragraph (C)(8) of this rule, the requirements that the consumer initially resort to the board shall not be satisfied until the period of delay allowed by paragraph (C)(8) of this rule has ended.




(12) Decisions of the board shall be legally binding on the warrantor, which must perform its obligations pursuant to any such decisions if the consumer so elects.




(D) Recordkeeping




(1) The board shall maintain records on each dispute referred to it which shall include:




(a) Name, address and telephone number of the consumer;




(b) Name, address, and telephone number of the contact person designated by the warrantor under paragraph (F)(1) of rule 109:4-4-03 of the Administrative Code;




(c) Makes, models and vehicle identification numbers of the motor vehicles;




(d) The date of receipt of the dispute and the date of disclosure to the consumer of the decision;




(e) All letters or other written documents submitted by either party;




(f) All other evidence collected by the board relating to the dispute, including summaries of relevant and material portions of telephone calls and meetings between the board and any other person (including neutral consultants described in paragraph (B)(4) or (C)(4) of this rule);




(g) A summary of any relevant and material information presented by either party at an oral presentation;




(h) The decision of the arbitrators, including information as to date, time and place of meeting and the identity of arbitrators voting, or information on any other resolution;




(i) A copy of the disclosure to the parties of the decision;




(j) Copies of follow-up letters (or summaries of relevant and material portions of follow-up telephone calls) to the consumer and responses thereto; and




(k) Any other documents and communications (or summaries of relevant and material portions of oral communications) relating to the dispute.




(2) The board shall maintain an index of each warrantor's disputes grouped under make and subgrouped under model.




(3) The board shall maintain an index for each warrantor which will show:




(a) All disputes in which the warrantor has agreed to perform any obligations as part of a settlement reached after notification of the dispute or has been ordered to perform any obligations as the result of a decision under paragraph (C)(5) of this rule and has failed to comply; and




(b) All disputes in which the warrantor has refused to abide by an arbitration decision.




(4) The board shall maintain an index that will show all disputes delayed beyond forty days.




(5) The board shall compile semiannually and, maintain and file with the attorney general a compilation of the semiannual statistics which show the number and per cent of the total number of warranty disputes received in each of the following categories (which shall total one hundred per cent of the total number of warranty disputes received):




(a) Resolved by staff of the board without arbitration and the warrantor has complied;




(b) Resolved by staff of the board, without arbitration, time for compliance has expired, and the warrantor has not complied;




(c) Resolved by staff of the board without arbitration, and time for compliance has not yet expired;




(d) Decided by arbitration and the party required to perform has complied, specifying whether the party required to perform is the consumer or the warrantor or both;




(e) Decided by arbitration, time for compliance has expired, and the party required to perform has not complied, specifying whether the party required to perform is the consumer or the warrantor or both;




(f) Decided by arbitration and time for compliance has not yet expired;




(g) Decided by arbitration in which neither party was awarded anything;




(h) No jurisdiction;




(i) Decision delayed beyond forty days under paragraph (C)(8)(a) of this rule;




(j) Decision delayed beyond forty days under paragraph (C)(8)(b) of this rule;




(k) Decision delayed beyond forty days under paragraph (C)(8)(c) of this rule;




(l) Decision delayed beyond forty days under paragraph (C)(8)(d) of this rule;




(m) Decision delayed beyond forty days for any other reason; and




(n) Decision is pending and the forty-day limit has not expired.



In addition, the board shall compile semiannually and maintain and file with the attorney general a compilation of the semiannual statistics which show the number and per cent of the total number of disputes received (which need not add up to one hundred per cent of all disputes received) in which:




(o) Consumer requested a refund or replacement for a motor vehicle within the first year or eighteen thousand miles of operation;




(p) Vehicle refund or replacement was awarded, specifying whether the award was made by arbitration or through settlement;




(q) Vehicle refund or replacement decisions complied with by the manufacturer, specifying whether the decision was made by arbitration or through settlement;




(r) Decisions in which additional repairs were the most prominent remedy, specifying whether the decision was made by arbitration or through settlement;




(s) Decisions in which a warranty extension was the most prominent remedy, specifying whether the decision was made by arbitration or through settlement;




(t) Decisions in which reimbursement for expenses or compensation for losses was the most prominent remedy, specifying whether the decision was made by arbitration or through settlement;




(u) Vehicle refund or replacement arbitration awards accepted by the consumer; and




(v) Nonrepurchase or replacement arbitration decisions accepted by the consumer.




(6) The board shall compile semiannually and maintain and file with the attorney general a listing of all vehicle identification numbers of all vehicles for which decisions or settlements entitled the consumer to a refund or replacement.




(7) The board shall retain all records specified in paragraphs (D)(1) to (D)(6) of this rule at least four years after final disposition of the dispute.




(E) Audits




(1) The board shall have an audit conducted at least annually to determine whether the board and its dispute resolution processes are in compliance with this chapter. All records of the board required to be kept under paragraph (D) of this rule shall be available for audit.




(2) Each audit provided for in paragraph (E)(1) of this rule shall include at a minimum the following:




(a) Evaluation of warrantor's efforts to make consumers aware of the board's existence as required by paragraph (E) of rule 109:4-4-03 of the Administrative Code;




(b) Review of the indices maintained pursuant to paragraph (D) of this rule; and




(c) Analysis of a random sample of disputes handled to determine the following: (i) adequacy of the board's complaint and other forms, investigation, mediation and follow-up efforts and other aspects of complaint handling; and (ii) accuracy of the board's statistical compilations under paragraph (D) of this rule. (For purposes of this paragraph, “analysis” shall include oral or written contact with the consumers involved in each of the disputes in the random sample.)




(3) A report of each audit under paragraph (E) of this rule shall be submitted to the attorney general and shall be made available to any person at reasonable cost. The board may direct its auditor to delete names of parties to disputes from the audit report.




(4) Auditors shall be selected by the board. No auditor may be involved with the board as a warrantor, sponsor or arbitrator, or employee or agent thereof, other than for purposes of the audit.




(F) Openness of records and proceedings




(1) The statistical summaries specified in paragraphs (D)(2), (D)(3), (D)(4), (D)(5) and (D)(6) of this rule shall be available to any person for inspection and copying.




(2) Except as provided under paragraphs (E)(3), (F)(1) and (F)(5) of this rule, all records of the board may be kept confidential or made available only on such terms and conditions, or in such form, as the board shall permit and to the extent that Ohio law will allow.




(3) The policy of the board with respect to records made available at the board's option shall be set out in the written procedures required by paragraph (C)(1) of this rule. The policy shall be applied uniformly to all requests for access to or copies of such records.




(4) Meetings of the arbitrators to hear disputes shall be open to observers on reasonable and nondiscriminatory terms, as long as the consumer does not object. The identity of the parties involved in disputes need not be disclosed at meetings.




(5) Upon request, the board shall provide to either party to a dispute: (a) access to all records relating to the dispute; and (b) copies of any records relating to the dispute at reasonable cost.




(6) The board shall make available to any person, upon request, information relating to the qualifications of board staff, arbitrators, and neutral technicians or consultants and detailed information relating to any interest and involvement of the arbitrators in the manufacture, distribution, sale, or service of any motor vehicle.

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Ohio Admin. Code 109:4-4-05. Repair orders for new motor vehicles services or repairs.(A) This rule is designed to define with reasonable specificity the information required to be provided under division (B) of section 1345.74 of the Revised Code so that consumers may be on notice of any and/or all nonconformities and receive itemized statements of repairs performed or attempted.

(B) In order to comply with the mandates of division (B) of section 1345.74 of the Revised Code, each time the motor vehicle of the consumer is returned from being serviced or repaired, the supplier shall provide the consumer with a copy of a form, completed in a clear and legible manner, whether or not any repair is performed which:

(1) Is in full compliance with rule 109:4-3-13 of the Administrative Code; and

(2) Lists the consumer's description of the problem or symptom he or she is experiencing, accompanied by the consumer's signature or initials acknowledging the accuracy of the description; and

(3) Identifies the person performing or attempting the repair or service on the specific problem or symptom listed in paragraph (B)(2) of this rule; and

(4) Specifically states the technical diagnosis and all repairs performed or attempted in regard to the problem or symptom listed in paragraph (B)(2) of this rule.

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Ohio Admin. Code 109:4-5-01.
Authority, construction and purposes of rules severability; definitions.
(A) Authority, rules of construction [FN1], purposes

(1) This chapter is adopted by the office of the attorney general of Ohio pursuant to division (A) of section 1345.77 and Chapter 119. of the Revised Code.

(2) Without limiting the scope of any section of the Revised Code or any other rule, this chapter shall be liberally construed and applied to promote their purposes and policies.

(3) The purposes and policies of this chapter are to:

(a) Define with reasonable specificity the process for the qualification of informal dispute settlement mechanisms for the resolution of new motor vehicle warranty disputes between the consumer and the manufacturer or its agents.

(b) Encourage the establishment and qualification of dispute resolution mechanisms for settlement of new motor vehicle warranty disputes.

(B) Severability

Each procedural rule and every part of each procedural rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule, and, to this end, each and every rule, paragraph, sentence, clause, phrase, or provision of this chapter is hereby declared severable.

(C) Definitions

(1) The definitions found in Chapter 109:4-4 of the Administrative Code shall also apply to this chapter.

(2) “Qualified board” means an organization, person or entity which conducts a dispute settlement process which has been reviewed by the attorney general and approved as having met the qualifications specified in Chapter 109:4-4 of the Administrative Code.

(3) “Provisionally qualified board” means an organization, persons, or entity which conducts a dispute settlement process which is not able to submit a complete application under the requirements of Rules 109:4-5-02 and 109:4-5-03 of the Administrative Code, and is granted a one-year approval under the terms of rule 109:4-5-04 of the Administrative Code.

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Ohio Admin. Code 109:4-5-02.
Application for qualification
(A) Application by a board for certification as a qualified board shall be made in writing to the attorney general.

(B) Applications shall include at least the following information unless specific exceptions are provided in this rule:

(1) Name, address, and telephone number of the board. In the event the applicant does not maintain one or more Ohio addresses and telephone numbers at the time of application, the application shall set forth the specific plans for making the board accessible to Ohio consumers.

(2) The manufacturers, vehicle makes and vehicle models for which the board is authorized to hear disputes and render decisions and copies of such authorization.

(3) Copies of all warranty documents and disclosure information used to alert consumers to the board and the warranty proffered by the manufacturer for each vehicle make and model, together with any other informational material, advertising copy or other notices used to inform consumers concerning warranties, the availability and operation of the board and any other manufacturer dispute resolution procedures.

(4) Copies of all written operating standards and procedures promulgated by the board, as required by paragraph (C)(1) of rule 109:4-4-04 of the Administrative Code.

(5) A description of the general qualifications and the duties of the arbitrators, neutral technicians or consultants, and all other persons employed by the board.

(6) A description of all training programs conducted for the board's arbitrators, and the plans for any such programs should approval be granted.

(7) Copies of the indices required by paragraphs (D)(2), (D)(3), and (D)(4) of rule 109:4-4-04 of the Administrative Code for the record year preceding the application.

(8) Copies of the semiannual statistical compilations required by paragraphs (D)(5) and (D)(6) of rule 109:4-4-04 of the Administrative Code for the preceding year.

(9) Copies of all annual audits previously compiled pursuant to paragraph (E) of rule 109:4-4-04 of the Administrative Code.

(10) Copies of ten per cent, but not in any event less than twenty-five of the written decision documents issued by the board to Ohio consumers during the preceding year, representing a randomly selected cross-section of such decisions. The attorney general may, upon notice, have these opinions selected by personnel from his office or under his direction.

(11) Statistics for the previous record year showing, for each warrantor served by the board, the number of oral presentations in person and the number of oral presentations by telephone conference call conducted under paragraph (C)(7) of rule 109:4-4-04 of the Administrative Code conducted for each warrantor served by the board, and the number of times such a presentation presentations was were [FN1] requested.

(12) Such other or additional information as the attorney general might request after initial review of the application.

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Ohio Admin. Code 109:4-5-03.
Review of application.
(A) Upon receipt of a completed application, the attorney general shall direct his staff to prepare a report reviewing the operation of the board in view of the requirements of the act and Chapter 109:4-4 of the Administrative Code, and to recommend an appropriate ruling on the application.

(B) After receipt of the staff report and independent review of the application, the attorney general shall issue a written decision to the applicant within sixty days of receipt of the application, setting forth the basis therefor, whether the applicant will be a qualified board, a provisionally qualified board for such time and upon such conditions as may be specified, or whether the application will be denied. Such decision will be a matter of public record.

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Ohio Admin. Code 109:4-5-04.
Provisionally qualified boards.
(A) Provisional qualification shall be available only for those boards which have not conducted sufficient operations in Ohio under the terms of the act and Chapter 109:4-4 of the Administrative Code, prior to submitting an application, so as to permit the submission of a complete application.

(B) Applicants for provisional qualification shall complete as much of the application as possible, supplementing Ohio information and records with comparable documents and statistics from one or more other states, if available.

(C) All applicants for provisional qualification shall clearly so state on the face of the application.

(D) In the event provisional qualification is granted, it shall continue for a period of one year. Following nine months of operation as a provisionally qualified board, such board shall update its original application with the statistics and materials required in an application under this chapter, reflecting the nine-month operating period, to reapply for approval as a qualified board.

(E) After review of the application as provided in paragraph (A) of rule 109:4-5-03 of the Administrative Code, the attorney general shall announce a decision in the same manner as provided for in rule 109:4-5-03 of the Administrative Code.

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Ohio Admin. Code 109:4-5-05.
Continuing obligations of qualified boards.
(A) A qualified board shall promptly inform the attorney general of any changes in the information submitted in its application pursuant to paragraph (B) of rule 109:4-5-02 or paragraph (D) of rule 109:4-5-04 of the Administrative Code and supply copies of such changes or requisite information.

(B) A qualified board shall submit annually, to the attorney general, copies of the annual audit required by paragraph (E) of rule 109:4-4-04 of the Administrative Code, and, semiannually, the statistics required to be compiled under paragraphs (D)(5) and (D)(6) of rule 109:4-4-04 of the Administrative Code.

(C) A qualified board shall supply for review, upon request of the attorney general, any additional statistics, records or documents which must be compiled or prepared pursuant to rule 109:4-4-04 of the Administrative Code.

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Ohio Admin. Code 109:4-5-06.
Revocation of qualification.
(A) In the event that the attorney general has probable cause to believe that a qualified or a provisionally qualified board is operating in contravention of the requirements of the act, Chapter 109:4-4 of the Administrative Code or this chapter, or that such board or sponsoring manufacturer has knowingly engaged in conduct which is designed, intended, or has the effect of depriving consumers of access to fair and expeditious resolution of disputes, written notification shall be sent to the board, outlining the perceived deficiencies, fixing a time within which to respond and identifying any additional information which may be required.

(B) Upon receipt of the qualified or provisionally qualified board's reply, or expiration of the time fixed for reply, the attorney general shall determine whether the approval granted should be revoked, continued as before, or continued for a period contingent upon compliance with such conditions as may be set forth in the decision. This decision will be issued in the same manner as provided for in rule 109:4-5-03 of the Administrative Code. Failure of the board to comply with conditions so stated shall result in the automatic revocation of approval, as of the date provided in such decision.

(C) Any consumer injured by the operation of any procedure of a board which does not conform with the requirements stated in the act, Chapter 109:4-4 of the Administrative Code or this chapter, may request the attorney general to investigate the manufacturer's or board's procedure(s) to determine whether its qualification or provisional qualification shall be suspended or revoked. Such request shall not constitute an appeal of the board's decision.

(D) Either upon application for qualification or provisional qualification or upon a consumer's request for investigation, or upon reasonable cause to believe that a qualified or provisionally qualified board is operating in contravention of the requirements of the act, Chapter 109:4-4 of the Administrative Code or this chapter, the attorney general may conduct any inquiry or investigation or evaluation of a manufacturer's informal dispute settlement procedure and may hold hearings, issue subpoenas requiring the attendance of witnesses and the production of records, documents or other evidence in connection therewith, administer oaths, examine witnesses and receive oral and documentary evidence.

(E) The attorney general may suspend or revoke the qualification or provisional qualification of a manufacturer's informal dispute settlement board, upon finding that the board is being used to cause injury or create hardship to consumers, in accordance with the procedure provided for in paragraphs (A) and (B) of this rule.

(F) After revocation of approval, a board may reapply pursuant to the application procedures in this chapter.

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Ohio Admin. Code 109:4-6-01.
Construction and purpose of rules; severability; definitions.
(A)(1) These substantive rules (rule 109:4-6-01 of the Administrative Code, etc.) are adopted by the office of the attorney general pursuant to section 4719.10 of the Telephone Solicitation Sales Act and Chapter 119. of the Revised Code. Without limiting the scope of any section of the Revised Code, these rules shall be liberally construed and applied to promote their purposes and policies.

(2) The purposes and policies of these rules are to:

(a) Implement the registration requirements contained in section 4719.02 of the Revised Code;

(b) Set forth registration fees;

(c) Create the telemarketing registration and enforcement unit in the office of the attorney general, consumer protection section.

(B) Each rule and every part of each rule is an independent rule and part of a rule, and the holding of any rule or part of a rule to be unconstitutional, void, or ineffective for any cause does not affect the validity or constitutionality of any other rule or part of a rule.

(C) As used in these rules:

(1) “Telephone solicitor” shall have the same meaning as set forth in division (A) of section 4719.01 of the Revised Code.

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Ohio Admin. Code 109:4-6-02.
Telemarketing registration and enforcement unit.
There is hereby created, in the office of the attorney general, consumer protection section, the telemarketing registration and enforcement unit. The telemarketing registration and enforcement unit is charged with administering the registration requirements of sections 4719.02 and 4719.03 of the Revised Code including, but not limited to the following:

(A) Developing and updating forms for initial and renewal applications for registration;

(B) Reviewing and investigating applications for registration;

(C) Granting or denying completed applications for registration in a timely manner;

(D) Notifying each registered telephone solicitor of the pending expiration of the current registration not less than sixty days prior to the expiration of the registration and providing the telephone solicitor with renewal forms;

(E) Collecting, organizing and maintaining as public records, with the exception of items specifically exempted by division (E) of section 4719.02 of the Revised Code, all information gathered about telephone solicitors through the registration process, including information gathered during investigation of applications for registration;

(D) [FN1]Maintaining copies of bonds filed with the attorney general as required by division (A) of section 4719.04 of the Revised Code.

(E) Receiving and filing written notices of cancellation provided by surety companies under division (C) of section 4719.04 of the Revised Code.

(F) Providing to surety companies information concerning complaints received against telephone solicitors as required by division (D) of section 4719.04 of the Revised Code.

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Ohio Admin. Code 109:4-6-03.
Place of filing
All initial registration forms and annual renewal forms, together with the applicable filing fees, and all correspondence relating thereto shall be directed to the “Ohio Attorney General, Consumer Protection Section, Telemarketing Registration and Enforcement Unit, 30 East Broad Street, Columbus, Ohio 43215-3428.”

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Ohio Admin. Code 109:4-6-04.
Registration fees.
The initial registration fee and the annual renewal fee to be included with any application for registration or renewal of registration as required by section 4719.02 of the Revised Code shall be two hundred fifty dollars, payable with submission of the application for registration or renewal. The fee shall be in the form of a certified check or money order made payable to “Ohio Attorney General.” The fee is non-refundable

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Ohio Admin. Code 109:4-6-05.
Period of registration; renewals.
(A) A certificate of registration, which shall be in effect for a period of one year, shall be issued to telephone solicitors who have made application for registration as required by section 4719.02 of the Revised Code and whose application has been reviewed and approved by the attorney general. The attorney general shall act within thirty days of receipt of a fully completed application for registration or renewal by either issuing the certificate of registration or notifying the applicant of the right to a hearing on the denial of registration. If an application is incomplete in any respect, the attorney general shall return the incomplete application to the applicant and inform the applicant of the matter necessary to complete the application.

(B) Not less than sixty days prior to the expiration of a certificate of registration, the attorney general shall mail to the registered telephone solicitor, by regular mail to the last address provided to the attorney general by the telephone solicitor, a notice of expiration of registration, along with the forms necessary for the telephone solicitor to apply for renewal of the certificate of registration. Failure on the part of the attorney general to mail a notice of expiration of registration or renewal forms to a registered telephone solicitor, shall not relieve the telephone solicitor, in any way, of its obligation to timely apply for renewal of its certificate of registration and shall in no way affect the expiration of a certificate of registration previously issued.

(C) A telephone solicitor seeking renewal of its certificate of registration shall apply for renewal not less than thirty days prior to the expiration of its current certificate of registration. The failure to make application for renewal not less than thirty days prior to the expiration of the current certificate of registration may result in the lapse of registration if the attorney general is unable to complete review of the application for renewal prior to expiration of the current certificate of registration.