Ohio Revised Code Search

...f the following conditions: (1) Is at least sixteen years of age; (2) Has submitted a written application on a form prescribed by the board containing all of the following: (a) The applicant's name and home address; (b) The applicant's home telephone number and cellular telephone number, if any; (c) The applicant's electronic mail address, if any; (d) The applicant's date of birth; (e) Whether the appli...

... of the Revised Code shall be fined not less than one hundred nor more than five hundred dollars for a first offense; for each subsequent violation of the same provision, such individual shall be fined not less than five hundred nor more than one thousand dollars.

...nconscionable trade act or practice. (26) An institution defined as a home health agency in section 3740.01 of the Revised Code, that conducts all telephone solicitation activities according to sections 310.3, 310.4, and 310.5 of the telemarketing sales rules adopted by the federal trade commission in 16 C.F.R. part 310, and engages in telephone solicitation only within the scope of the institution's certification,...

...social security number, and all other names by which known, or previously known, of each of the following: (a) Each principal officer, director, trustee, shareholder, owner, or partner of the applicant, and each other person participating in or responsible for the management of the applicant's business; (b) Each office manager or other person principally responsible for each location from which the applicant will d...

...eposited into the state treasury to the credit of the telemarketing fraud enforcement fund created in section 4719.17 of the Revised Code. The certificate of registration or registration renewal shall expire one year after the date on which it is issued. (B) After an adjudication conducted in accordance with Chapter 119. of the Revised Code, the attorney general may, except as provided in division (C) of this secti...

...itor without having first obtained a surety bond issued by a surety company that holds a certificate of authority to do business in this state issued by the superintendent of insurance under Title XXXIX of the Revised Code, and all of the following conditions are met: (1) A copy of the bond is filed with the attorney general. (2) The bond is in favor of any person, and of the state for the benefit of any person, th...

...aking that representation, a statement setting forth all of the following, for each item mentioned: (A) A description of the item; (B) The item's verifiable market value and the basis for the valuation; (C) All terms and conditions a purchaser must satisfy in order to receive the item. The statement shall be accompanied by a copy of the written confirmation provided to purchasers pursuant to section 4719.07 of the...

...ale or an agreement to purchase is completed during a telephone call, no telephone solicitor or salesperson, before requesting payment, shall fail to inform the purchaser of the rights granted under section 4719.07 of the Revised Code and disclose all of the following information in a clear and conspicuous manner: (1) The street address and telephone number of the telephone solicitor; (2) The total costs to purchas...

...ayment made under the agreement; (2) Return any goods traded in to the telephone solicitor on account of or in contemplation of an agreement resulting from the telephone solicitation, in substantially the same condition as when received by the telephone solicitor; (3) Take any action necessary or appropriate to terminate promptly any security interest created in connection with the agreement. (F) A confirmation...

...ency; (D) Provide inaccurate or incomplete information to the attorney general when making an application for a certificate or certificate renewal; (E) Misrepresent that a person is registered or that the person has a valid certificate number; (F) Misrepresent, directly or by implication, any of the following information: (1) The total costs to purchase, receive, or use, and the quantity of, any goods or services...

...(A) No telephone solicitor or salesperson shall cause or attempt to cause a purchaser to waive a right granted under section 4719.07 or 4719.15 of the Revised Code. (B) Any waiver by a purchaser of a right granted under section 4719.07 or 4719.15 of the Revised Code is contrary to the fundamental public policy of this state and is void and unenforceable.

... of the Revised Code, may adopt reasonable rules to carry out the purposes of sections 4719.01 to 4719.18 of the Revised Code and shall adopt rules prescribing reasonable registration and registration renewal fees for the purpose of section 4719.03 of the Revised Code.

...bpoenaed under this section may file a petition to extend the day on which the subpoena is to be returned or to modify or quash the subpoena, for good cause shown, in the court of common pleas of Franklin county or of the county in this state in which the person resides or in which the person's principal place of business is located. The person may file the petition at any time before the day of return specified in t...

...general under this section shall be deposited in the consumer protection enforcement fund created by section 1345.51 of the Revised Code. (B) In an action brought by the attorney general to enforce a provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under any of those provisions, the attorney general may request, and the court shall impose, a civil penalty of not less than one thousand n...

...(B) The powers of the attorney general set forth in division (A) of this section are in addition to any other applicable powers of the attorney general. (C) In a criminal proceeding in which a violation of a provision of sections 4719.01 to 4719.18 of the Revised Code is alleged, it is an affirmative defense, as defined in section 2901.05 of the Revised Code, that the person or the person's actions come within an ex...

...A violation of section 4719.02, 4719.05, or 4719.06; division (C), (D), or (E) of section 4719.07; section 4719.08; or division (A) of section 4719.09 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.

...1 to 4719.18 of the Revised Code or a rule adopted under any provision of those sections may bring a civil action against the telephone solicitor or salesperson who committed the violation for damages in a court of common pleas and may apply to the court for an order enjoining the violation. Upon the purchaser's showing that the telephone solicitor or salesperson has committed a violation of one of those sections or ...

...at the person or the person's actions comes within an exemption in division (B) of section 4719.01 or division (H) of section 4719.07 of the Revised Code, the person has the burden of proving that the exemption applies to the person or the person's actions.

... investigation or prosecution of any crimes investigated by the consumer protection section, or for educational activities that advance the purposes of Chapter 4719. of the Revised Code as set forth in section 4719.18 of the Revised Code.

...d Code are to protect purchasers from telephone solicitors and salespersons that commit unfair, unlawful, deceptive, or unconscionable acts or practices and to encourage the development of reasonable and fair telephone solicitation sales practices. (B) The provisions of sections 4719.01 to 4719.18 of the Revised Code are remedial in nature and shall be liberally construed by the courts of this state in accordance wi...

...(A) As used in this section, "telephone solicitation" and "telephone solicitor" have the same meanings as in division (A) of section 4719.01 of the Revised Code. (B) No telephone solicitor shall intentionally block or intentionally authorize or cause to be blocked the disclosure of the telephone number from which a telephone solicitation is made. (C) A violation of division (B) of this section is an unfair or decep...

...The attorney general shall comply with section 4776.20 of the Revised Code.

...Prior to July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 of the Revised Code is guilty of a felony of the fourth degree. On or after July 1, 1996, whoever violates section 4719.02, 4719.05, or 4719.06, division (C), (D), or (E) of section 4719.07, section 4719.08, or division (A) of section 4719.09 o...

... (1) The application of optical principles, through technical methods and devices, in the examination of human eyes for the purpose of ascertaining departures from the normal, measuring their functional powers, adapting optical accessories for the aid thereof, and detecting ocular abnormalities that may be evidence of disease, pathology, or injury; (2) Employing, applying, administering, and prescribing instrument...

...t limited to, vision-correcting contact lenses that deliver such drugs or dangerous drugs.