Ohio Revised Code Search
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Section 1349.26 | Disclosures of creditor concerning covered loans.
...(A) A creditor shall provide, for each covered loan, both of the following disclosures. The disclosures shall be in conspicuous type size and be in substantially the following form: (1) "You are not required to complete this agreement merely because you have received these disclosures or have signed a loan application." (2) "If you obtain this loan, the lender will have a mortgage on your home. You could lose your ... |
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.
...(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.
...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.
...(A) A person has no liability under section 1349.31 of the Revised Code, and shall not be subject to any sanction by the superintendent of financial institutions, for any failure to comply with section 1349.26 or 1349.27 of the Revised Code, if within sixty days after discovering the error, whether pursuant to the person's own procedures or an examination or investigation by the superintendent under division (A) or (... |
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.
...y 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 superintendent's orders; (... |
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.
...There is hereby created in the division 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 13... |
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.
...(A) The superintendent of financial institutions shall report semiannually to the governor and the general assembly on the operations of the division of financial institutions with respect 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, revocatio... |
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.
...g, credit line increases, and account upgrades and enhancements. (b) A person seeking to use the information contained in the consumer's credit report for the purpose of prescreening pursuant to the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C. 1681 et seq.; (c) Any person or entity for use in any of the following insurance purposes: (i) Setting or adjusting a rate; (ii) Adjusting a claim; (iii) U... |
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.
...ays following the consumer's receipt of funds, without penalty or further obligation. The contract shall contain the following notice written in a clear and conspicuous manner: "CONSUMER'S RIGHT TO CANCELLATION: YOU MAY CANCEL THIS CONTRACT WITHOUT PENALTY OR FURTHER OBLIGATION WITHIN FIVE BUSINESS DAYS FROM THE DATE YOU RECEIVE FUNDING FROM [insert name of company]." The contract also shall specify that in order for... |
Section 1349.61 | Sale of gift card expiring within two years of sale prohibited.
...profit and charitable organizations for fundraising purposes, if the expiration date on that gift card is not more than thirty days after the date of sale; (3) A gift card that is sold by a nonprofit or charitable organization for fundraising purposes; (4) A gift card that an employer gives to an employee if use of the gift card is limited to the employer's business establishment, which may include a group of merch... |
Section 1349.65 | High-volume seller definitions.
...As used in sections 1349.65 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 pre... |
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... |