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The Legislative Service Commission staff updates the Revised Code on an ongoing basis, as it completes its act review of enacted legislation. Updates may be slower during some times of the year, depending on the volume of enacted legislation.

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Section 1349.27 | Creditor or assignee - prohibitions.

...c)(2) of the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1639(c)(2), as amended, and the regulations adopted thereunder by the federal reserve board, as amended. (2) Terms under which the outstanding principal balance will increase at any time over the course of the loan because the regular periodic payments do not cover the full amount of interest due; (3) Terms under which more...

Section 1349.271 | Rules for prepurchase counseling.

... 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 this section.

Section 1349.29 | Right to rescind.

...29(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.

...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 of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower. (B) A creditor or as...

Section 1349.31 | Criminal proceedings initiated.

...(A)(1) No creditor shall willfully and knowingly fail to comply with section 1349.26 or 1349.27 of the Revised Code. For purposes of division (A)(1) of this section, "willfully and knowingly" has the same meaning as in 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...

Section 1349.32 | Conforming Ohio law to federal law.

...nce with the "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 adop...

Section 1349.33 | Rules adopting similar provisions where federal law is amended or modified.

...nder, if the "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 E...

Section 1349.34 | Examination and investigation of records.

...the state treasury to the credit of the consumer finance fund created under section 1321.21 of the Revised Code. In determining the amount of a fine to be imposed under this division, the superintendent shall consider all of the following: (1) The seriousness of the conduct; (2) The person's good faith efforts to prevent the conduct; (3) The person's history regarding violations and compliance with the superinten...

Section 1349.35 | Annual report.

...The superintendent of financial institutions shall include, as part of the annual report required by section 1181.09 of the Revised Code, the number of complaints 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.

...of financial institutions the office of consumer affairs. The responsibilities of the office shall, at a minimum, include all of the following: (A) Providing education to residents of this state regarding borrowing and related financial topics; (B) Providing referrals to credit counseling services; (C) Receiving complaints regarding alleged failures to comply with section 1349.26 or 1349.27 of the Revised Code; (...

Section 1349.41 | Prohibited conduct in mortgage loan sale or purchase.

...(A) As used in this section: (1) "Consumer" means an individual to whom credit is offered or extended primarily for personal, family, or household purposes. (2) "Lender" means a nonbank mortgage lender as defined in section 1345.01 of the Revised Code. "Lender" does not include a person that purchases or is assigned a loan or that functions solely as the servicer of a loan. (3) "Mortgage" has the same meaning as i...

Section 1349.43 | Internet database - violations and enforcement information.

...(A) As used in this section, "loan officer," "mortgage broker," and "nonbank mortgage lender" have the same meanings as in section 1345.01 of the Revised Code. (B) The department of commerce shall establish and maintain an electronic database accessible through the internet that contains information on all of the following: (1) The enforcement actions taken by the superintendent of financial institutions for each...

Section 1349.44 | Report on financial institutions division operations.

... (3) Outreach efforts of the office of consumer affairs to provide education regarding predatory lending, borrowing, and related financial topics. (B) The information required under divisions (A)(1) and (2) of this section does not include information that, pursuant to section 1322.36 of the Revised Code, is confidential.

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.

...(A) As used in this section: (1) "Consumer report" and "consumer reporting agency" have the same meanings 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 otherw...

Section 1349.52 | Security freeze on consumer credit report.

...on shall be deposited into the consumer protection enforcement fund created by section 1345.51 of the Revised Code. (3) In determining the appropriate civil penalty to assess under division (N)(1) of this section, the court shall consider all relevant factors, including the degree of the defendant's culpability, any history of prior violations of this section by the defendant, the defendant's ability to pay, the eff...

Section 1349.521 | Security freeze on consumer credit cards.

...(A)(1) A representative of a protected consumer may elect to place a security freeze on the protected consumer's credit report in the manner prescribed in division (B) of this section by making a request to a consumer credit reporting agency in writing by certified mail or other comparable service or by any secured electronic method authorized by the consumer credit reporting agency. (2) A representative requesting ...

Section 1349.53 | Civil action for noncompliance with security freeze.

...(A) If a consumer credit reporting agency willfully fails to comply with division (C) or (J) of section 1349.52 of the Revised 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 divi...

Section 1349.55 | Non-recourse civil litigation advance contracts.

...ich 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 with a consumer. (3) "Consumer" means a person or...

Section 1349.61 | Sale of gift card expiring within two years of sale prohibited.

... that is distributed by the issuer to a consumer pursuant to an awards, loyalty, or promotional program without any money or anything of value being given in exchange for the gift card by the consumer; (2) A gift card that is sold below face value at a volume discount to employers or to nonprofit and charitable organizations for fundraising purposes, if the expiration date on that gift card is not more than thirty d...

Section 1349.65 | High-volume seller definitions.

... to 1349.76 of the Revised Code: (A) "Consumer product" has the same meaning as in section 101 of the "Magnuson-Moss Warranty-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, h...

Section 1349.66 | High-volume seller notification requirements.

...(A) An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than ten days after qualifying as a high-volume third party seller on the platform, all of the following information to the online marketplace: (1)(a) A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online mark...

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.