Ohio Revised Code Search
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Section 1349.271 | Rules for prepurchase counseling.
...(A) The superintendent of financial institutions shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish criteria for purposes of qualifying counseling services that provide prepurchase counseling to consumers. (B) Any not-for-profit credit counseling service approved by an agency of the federal government shall be deemed to meet the criteria established by the superintendent under thi... |
Section 1349.29 | Right to rescind.
...If a covered loan transaction includes any term prohibited by section 1349.27 of the Revised Code, the consumer shall have the right to rescind the transaction in accordance with section 129(j) of the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1639(j), as amended, and the regulations adopted thereunder by the federal reserve board, as amended. |
Section 1349.30 | Voluntary adjustments correcting errors.
...ode, and prior to the initiation of any action by the superintendent under divisions (C) to (F) of section 1349.34 of the Revised Code or the receipt of written notice of the error from the consumer, the person notifies the consumer or other person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the consumer will not be required to pay an amount in excess ... |
Section 1349.31 | Criminal proceedings initiated.
...n section 112 of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A. 1611, as amended. (2) Whoever violates division (A)(1) of this section is guilty of a felony of the fifth degree. (B) The superintendent of financial institutions may directly bring an action to enjoin a violation of this section. The attorney general may directly bring an action against a mortgage broker, loan officer, or nonbank ... |
Section 1349.32 | Conforming Ohio law to federal law.
...e "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1601 note, as amended, and the regulations and interpretations adopted thereunder by the federal reserve board, in order to facilitate the uniform administration and enforcement of state and federal laws on the regulation of certain high cost mortgages. In furtherance of that purpose, the regulations and interpretations adopted by the ... |
Section 1349.33 | Rules adopting similar provisions where federal law is amended or modified.
...e "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1601 note, as amended, or any regulation adopted thereunder by the federal reserve board, as amended, is amended or otherwise modified after the effective date of this section, the superintendent of financial institutions may by rule adopt similar provisions. If an amendment or other modification to the "Home Ownership and Equity Prote... |
Section 1349.34 | Examination and investigation of records.
...aging in, or is about to engage in, any activity constituting a failure to comply with section 1349.26 or 1349.27 of the Revised Code, the superintendent may make application to the court of common pleas of any county in this state for an order enjoining any such activity. Upon a showing by the superintendent that a person has engaged in, is engaging in, or is about to engage in, any activity constituting a failure t... |
Section 1349.35 | Annual report.
...nts received, the number of enforcement actions taken, and any other relevant data regarding covered loans. |
Section 1349.36 | Administrative rules.
...The superintendent of financial institutions may, in accordance with Chapter 119. of the Revised Code, adopt reasonable rules to administer and enforce sections 1349.25 to 1349.35 of the Revised Code and to carry out the purpose of those sections as stated in section 1349.32 of the Revised Code. |
Section 1349.37 | Office of consumer affairs.
...r 1349.27 of the Revised Code; (D) Contacting the persons that are the subject of such complaints, on behalf of the consumers; (E) Referring matters to the superintendent of financial institutions for action under section 1349.34 of the Revised Code. |
Section 1349.41 | Prohibited conduct in mortgage loan sale or purchase.
...nder shall not engage in a transaction, practice, or course of business that is not in good faith or fair dealing, or that operates a fraud upon any person, in connection with the attempted or actual making, purchase, or sale of any mortgage loan. (C) If a lender fails to comply with division (B) of this section, the affected consumer may recover damages of not less than all compensation paid directly or indirectly ... |
Section 1349.43 | Internet database - violations and enforcement information.
...vised Code; (b) That specific acts or practices by a loan officer, mortgage broker, or nonbank mortgage lender violate section 1345.02, 1345.03, or 1345.031 of the Revised Code. (C) The attorney general shall notify the department of all enforcement actions and judgments described in divisions (B)(2) and (3)(b) of this section. (D) The department may adopt rules in accordance with Chapter 119. of the Revised Co... |
Section 1349.44 | Report on financial institutions division operations.
...pect to the following: (1) Enforcement actions instituted by the superintendent for a violation of or failure to comply with any provision of Chapter 1322. of the Revised Code, and their final dispositions; (2) Suspensions, revocations, or refusals to issue or renew certificates of registration and licenses under Chapter 1322. of the Revised Code; (3) Outreach efforts of the office of consumer affairs to provide ... |
Section 1349.45 | Misleading or deceptive use of financial institution name or logo prohibited.
...(A) As used in this section, "financial institution" means any bank, savings and loan association, savings bank, or credit union; any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union; any registrant as defined in section 1321.51 of the Revised Code ; or any person registered as a mortgage lender under Chapter 1322. of the Revised Code. (B) No person shall use the name or... |
Section 1349.51 | Prohibiting disclosure of certain consumer information.
...anings as in the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.A. 1681a, as amended. (2) "Licensed resident insurance agent" means any natural person or business entity licensed as a resident insurance agent under section 3905.06 of the Revised Code. (B) No consumer reporting agency shall sell or otherwise furnish any information relative to an individual's insurance coverage that was submitted, in wh... |
Section 1349.52 | Security freeze on consumer credit report.
...ly engages in whole or in part in the practice of maintaining consumers' credit information for the purpose of furnishing credit reports to third parties. (3) "Credit report" means any written, oral, or other communication of any credit information by a consumer credit reporting agency that operates or maintains a database of consumer credit information bearing on a consumer's credit worthiness, credit standing, or ... |
Section 1349.521 | Security freeze on consumer credit cards.
..., credit standing, credit capacity, character, general reputation, or personal characteristics. (D) A consumer credit reporting agency shall remove a security freeze placed on a credit report only in the following cases: (1) If the credit report was frozen due to a material misrepresentation of fact by the protected consumer's representative. If a consumer credit reporting agency intends to remove a security freeze... |
Section 1349.53 | Civil action for noncompliance with security freeze.
...ed Code, the consumer may file a civil action against the consumer credit reporting agency. In the civil action, the consumer may recover all of the following: (1) Actual damages sustained by the consumer as a result of the consumer credit reporting agency's failure to comply with division (C) or (J) of section 1349.52 of the Revised Code or damages of not less than one hundred dollars and not more than on... |
Section 1349.55 | Non-recourse civil litigation advance contracts.
... civil litigation advance" means a transaction in which a company makes a cash payment to a consumer who has a pending civil claim or action in exchange for the right to receive an amount out of the proceeds of any realized settlement, judgment, award, or verdict the consumer may receive in the civil lawsuit. (2) "Company" means a person or entity that enters into a non-recourse civil litigation advance transaction... |
Section 1349.61 | Sale of gift card expiring within two years of sale prohibited.
...(A)(1) Subject to division (C) of this section, no person or entity shall sell a gift card to a purchaser containing an expiration date that is less than two years after the date the gift card is issued. (2) No person or entity, within two years after a gift card is issued, shall charge service charges or fees relative to that gift card, including dormancy fees, latency fees, or administrative fees, that have the ef... |
Section 1349.65 | High-volume seller definitions.
...ty-Federal Trade Commission Improvement Act," 15 U.S.C. 2301 and 16 C.F.R. 700.1. (B) "High-volume third party seller" means a participant on an online marketplace's platform that is a third party seller and that, in any continuous twelve-month period during the previous twenty-four months, has entered into two hundred or more discrete sales or transactions of new or unused consumer products through the online mark... |
Section 1349.66 | High-volume seller notification requirements.
...ent processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information on demand from such payment processor or other third party. (2) Contact information for such seller as follows: (a) With respect to a high-volume third party seller that is an individual, the individual's name. (b) With respect to ... |
Section 1349.67 | High-volume seller disclosure requirements.
...(A) An online marketplace shall do both of the following: (1) Verify the information collected under division (A) of section 1349.66 of the Revised Code not later than ten days after such collection; (2) Verify any change to such information not later than ten days after being notified of such change by a high-volume third party seller under division (B) of section 1349.66 of the Revised Code. (B) In the case o... |
Section 1349.68 | High-volume seller requirement enforcement.
...Data collected solely to comply with the requirements of this chapter shall not be used for any other purpose unless required by law. |
Section 1349.69 | Security procedures and practices.
...in reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this chapter from unauthorized use, disclosure, access, destruction, or modification. |