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Ohio Revised Code Search

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Section 4712.05 | Contents and execution of contract.

...(A) Each contract between the buyer and a credit services organization for the purchase of the services of the organization shall be in writing, dated and signed by the buyer, and shall include all of the following: (1) A statement, in type that is boldfaced, capitalized, underlined, or otherwise conspicuously set out from surrounding written material and that is in immediate proximity to the space reserved for the...

Section 4712.06 | Surety bond.

...(A) No credit services organization shall conduct business in this state unless the organization has obtained a surety bond issued by a surety company authorized to do business in this state and all of the following conditions are met: (1) A copy of the bond is filed with the division of financial institutions. (2) The bond is in favor of any person, and of the state for the benefit of any person, that is injured b...

Section 4712.07 | Prohibited acts.

...No credit services organization, salesperson, agent, or representative of a credit services organization, or independent contractor that sells or attempts to sell the services of a credit services organization shall do any of the following: (A) Charge or receive directly or indirectly from a buyer money or other consideration readily convertible into money until all services the organization has agreed to perform fo...

Section 4712.071 | Prohibited extensions of credit.

...No credit services organization shall sell, provide, or perform any of the services authorized under division (C)(1) of section 4712.01 of the Revised Code in connection with an extension of credit that meets any of the following conditions: (A) The amount of credit is less than five thousand dollars. (B) The repayment term is one year or less. (C) The annual percentage rate exceeds twenty-eight per cent. For...

Section 4712.08 | Prohibiting fraudulent activities.

...No credit services organization shall do any of the following: (A) Obtain a certificate of registration through any false or fraudulent representation or make any substantial misrepresentation in any registration application; (B) Make false promises through advertising or other means in the conduct of its business or engage in a continued course of misrepresentations in the conduct of its business; (C) Engage in c...

Section 4712.09 | Waiving rights.

...(A) No credit services organization shall cause or attempt to cause a buyer to waive a right under sections 4712.01 to 4712.14 of the Revised Code. (B) Any waiver by a buyer of a right under sections 4712.01 to 4712.14 of the Revised Code is void.

Section 4712.10 | Action for recovery of damages.

...(A)(1) A buyer injured by a violation of sections 4712.01 to 4712.14 of the Revised Code may bring an action for recovery of damages. (2) Damages awarded under division (A)(1) of this section shall not be less than the amount paid by the buyer to the credit services organization, plus reasonable attorney's fees and court costs. (3) The buyer may be awarded punitive damages. (4) No action shall be brought under div...

Section 4712.11 | Violating consumer sales practices act.

...(A) A violation of division (J) of section 4712.02, division (E) of section 4712.04, division (D) or (E) of section 4712.05, division (A) of section 4712.06, section 4712.07 or 4712.08, or division (A) of section 4712.09 of the Revised Code is deemed to be an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.

Section 4712.12 | Investigating violations - injunctions.

...(A) The division of financial institutions may investigate alleged violations of sections 4712.01 to 4712.14 of the Revised Code, or the rules adopted thereunder, or complaints concerning any such violation. The division may make application to the court of common pleas for an order enjoining any such violation and, upon a showing by the division that a person has committed, or is about to commit, such a violation, t...

Section 4712.13 | Disclosing certificate of registration number.

...A credit services organization shall disclose in any printed or published advertisement relating to the credit services organization's services, the number designated on the certificate of registration that is issued to the credit services organization by the division of financial institutions under sections 4712.01 to 4712.14 of the Revised Code. No credit services organization shall fail to comply with this section...

Section 4712.14 | Administrative rules.

...The superintendent of financial institutions may adopt, in accordance with Chapter 119. of the Revised Code, reasonable rules to carry out the purposes of sections 4712.01 to 4712.14 of the Revised Code.

Section 4712.15 | Compliance with law regarding sanctions for human trafficking.

...The superintendent of financial institutions shall comply with section 4776.20 of the Revised Code.

Section 4712.99 | Penalty.

...(A) Whoever violates division (J) of section 4712.02, division (E) of section 4712.04, division (D) or (E) of section 4712.05, division (A) of section 4712.06, section 4712.07 or 4712.08, or division (A) of section 4712.09 of the Revised Code is guilty of a felony of the fifth degree. (B)(1) Whoever violates section 4712.071 of the Revised Code is guilty of a minor misdemeanor and shall be fined not less than one h...

Section 4738.01 | Motor vehicle salvage definitions.

...r salvage motor vehicle pool located in Ohio. (H) "Business" includes any activities engaged in by any person for the object of gain, benefit, or advantage either direct or indirect. (I) "Casual sale" means any transfer of a salvage motor vehicle by a person other than a motor vehicle salvage dealer, salvage motor vehicle auction, or salvage motor vehicle pool, to a person who purchases the salvage motor vehicle fo...

Section 4738.02 | Motor vehicle salvage dealer's license required.

...aining a motor vehicle salvage dealer's license pursuant to this chapter. (B)(1) Except as provided in divisions (C) and (E) of this section, no person shall engage in the business of selling at retail salvage motor vehicles nor, other than as a lessor, provide a location or a space for the sale of salvage motor vehicles without first obtaining a motor vehicle salvage dealer's license, a salvage motor vehicle auctio...

Section 4738.021 | Collection of identification information; third party consolidator.

...vage motor vehicle a copy of a driver's license, passport, or other government-issued identification. Every salvage motor vehicle auction and salvage motor vehicle pool shall maintain a copy of this identification for a period of two years. (3) Obtain from any person who is an authorized purchaser as defined in division (G)(1) of section 4738.01 of the Revised Code documented proof of any required license or other a...

Section 4738.022 | Compliance with reporting requirements.

...Every salvage motor vehicle auction and salvage motor vehicle pool shall comply with the reporting requirements of the national motor vehicle title information system.

Section 4738.03 | Prohibiting activities by salvage dealer, auction or pool licensees.

...gal owner thereof; (3) Fail to make an Ohio salvage certificate of title available to the purchaser of a salvage motor vehicle sold by the salvage motor vehicle auction, before payment for the salvage motor vehicle is completed; (4) Operate as a motor vehicle salvage dealer at the same location where any salvage motor vehicle auction is operated. (C) No person licensed as a salvage motor vehicle pool under this ch...

Section 4738.031 | Authorized sales.

...urchaser shall purchase a salvage motor vehicle from a salvage motor vehicle auction or salvage motor vehicle pool.

Section 4738.04 | License application.

...ying for a motor vehicle salvage dealer license or a salvage motor vehicle auction license or a salvage motor vehicle pool license shall make out and deliver to the registrar of motor vehicles, upon a blank to be furnished by the registrar for that purpose, a separate application for license for each county in which the business is to be conducted. The application for each type of license shall be in the form prescri...

Section 4738.05 | Issuing of license.

...nts the application of any person for a license under this chapter, the registrar shall issue to the person a license that shall have provisional status for a period of one hundred eighty days from the date of issuance. At the end of that period and subject to the results of the inspection described in section 4738.071 of the Revised Code of the place of business of the license holder, the license either shall be rev...

Section 4738.06 | License fees paid to registrar of motor vehicles.

...shall be paid to the registrar of motor vehicles, who shall pay the same into the state treasury to the credit of the public safety - highway purposes fund established in section 4501.06 of the Revised Code.

Section 4738.07 | Denial of license.

...eny the application of any person for a license under this chapter and refuse to issue the person a license if the registrar finds that the applicant: (1) Has made false statement of a material fact in the individual's application; (2) Has not complied with sections 4738.01 to 4738.15 of the Revised Code: (3) Has habitually defaulted on financial obligations; (4) Has been convicted of or pleaded guilty to a d...

Section 4738.071 | Provisional status of license.

...isional license, the registrar of motor vehicles shall inspect or cause to be inspected the place of business of any person who is the holder of the license. If the person conducting the inspection determines that the license holder has complied with all the requirements with which holders of licenses issued under this chapter are required to comply, he shall notify the license holder of that fact. The notification i...

Section 4738.072 | Effect of child support default on license.

...3 of the Revised Code with respect to a license issued pursuant to this chapter.