Ohio Revised Code Search
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Section 1345.08 | Attorney general to coordinate with other administrative agency.
...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 ... |
Section 1345.09 | Private causes of action.
...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... |
Section 1345.091 | Claim or defense against assignee of loan.
...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: (A) The violation was committed by the assignee or purchaser. (B) The assignee or purchaser is affiliated by common control with the seller of the loan at the time of such assignment or purchase. |
Section 1345.092 | Supplier's right to cure.
...d 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 consu... |
Section 1345.10 | Final judgment admissible as prima facie evidence.
...eral 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 gener... |
Section 1345.11 | Bona fide errors.
...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.... |
Section 1345.12 | Applicability of chapter - exceptions.
...e 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 ... |
Section 1345.13 | Remedies in addition to 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. |
Section 1345.18 | Prior, verified consent required to switch natural gas or public telecommunications service provider.
...f 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" m... |
Section 1345.19 | Jurisdiction.
... 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. |
Section 1345.20 | Action by aggrieved consumer for switch in natural gas or public telecommunications service providers with consent.
...(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 preponder... |
Section 1345.22 | Right of buyer to cancel.
...(A) In 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 seller's address, electronic mail address, or facsimile number stated in the agreement or... |
Section 1345.23 | Written agreement or offer to purchase.
...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 poi... |
Section 1345.24 | Retaining notice of cancellation.
...hall 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 any envelope in which a 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... |
Section 1345.25 | Presumption.
...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. |
Section 1345.26 | Right of buyer 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 li... |
Section 1345.27 | Right of seller after cancellation.
...Except as provided in section 1345.26 of the Revised Code, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase has been revoked, the buyer upon demand must make available to the seller any goods delivered by the seller pursuant to the sale. The goods made available shall not have been diminished in quantity nor subjected to unreasonable wear or use. The buyer is not obli... |
Section 1345.28 | Deceptive acts or practices.
...he Revised Code constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code. |
Section 1345.30 | Fitting, sale, and returns of hearing aids.
...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, except that it does not include any instrument or device that fits into the ear and is intended to b... |
Section 1345.31 | Failing to comply with refund obligations.
...sed 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. |
Section 1345.41 | Prepaid entertainment contract definitions.
... 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 gr... |
Section 1345.42 | Contract provision of prepaid entertainment contracts.
...(A) All prepaid entertainment contracts between the same seller and the same buyer that are in effect at the same time, or the terms of which overlap for any period, shall be considered as one contract for the purpose of sections 1345.43 and 1345.44 of the Revised Code. (B) Prepaid entertainment contracts shall: (1) Be in writing and be signed by the buyer and the seller, and a copy shall be provided to the buyer a... |
Section 1345.421 | Surety bond where facility under construction and not available for service at time buyer signs contract.
...acility 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 ... |
Section 1345.43 | Right of buyer to cancel.
...r 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 afte... |
Section 1345.44 | Prepaid entertainment contract form.
...(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 ... |