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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 1349.192 | Civil action by attorney general for violation of disclosure laws.

...he exclusive authority to bring a civil action in a court of common pleas for appropriate relief under this section, including a temporary restraining order, preliminary or permanent injunction, and civil penalties, if it appears that a state agency or an agency of a political subdivision has failed or is failing to comply with section 1347.12 of the Revised Code or that a person has failed or is failing to comply wi...

Section 1349.20 | Escrow transactions concerning residential realty definitions.

... closing agent to effect an escrow transaction, but excludes an account of an attorney that is used to hold client funds and an account maintained by a real estate broker under division (A)(26) of section 4735.18 of the Revised Code. (D) "Escrow or closing agent" means a person who controls and effects, in an escrow transaction, the delivery described in division (E) of this section, but excludes a federally insured...

Section 1349.21 | Disbursing from an escrow account.

...knowingly shall make, in an escrow transaction, a disbursement from an escrow account on behalf of another person, unless the following conditions are met: (A) The funds necessary for the disbursement: (1) Have been transferred electronically to or deposited into the escrow account of the escrow or closing agent and are immediately available for withdrawal and disbursement; (2) Are in an aggregate amount not excee...

Section 1349.22 | Advancing funds for incidental fees.

... on behalf of a party to an escrow transaction for the purpose of paying incidental fees, such as conveyance and recording fees, in order to effect and close the sale, purchase, exchange, transfer, encumbrance, or lease of residential real property that is the subject of the escrow transaction.

Section 1349.25 | Covered loan definitions.

... to 1349.37 of the Revised Code: (A) "Actuarial method" means the method of allocating payments made on a debt between the amount financed and the finance charge pursuant to which a payment is applied first to the accumulated finance charge and any remainder is subtracted from, or any deficiency is added to, the unpaid balance of the amount financed. (B) "Consumer" means a natural person to whom credit is offered ...

Section 1349.26 | Disclosures of creditor concerning covered loans.

...wing: (1) In the case of a credit transaction with a fixed rate of interest, the annual percentage rate, the amount of the regular monthly payment, and the amount of any balloon payment; (2) In the case of any other credit transaction, the annual percentage rate of the loan, the amount of the regular monthly payment, a statement that the interest rate and monthly payment may increase, and the amount of the maximum ...

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.

...If a covered loan transaction includes any term prohibited by section 1349.27 of the Revised Code, the consumer shall have the right to rescind the transaction in accordance with section 129(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.

...ode, and prior to the initiation of any action by the superintendent under divisions (C) to (F) of section 1349.34 of the Revised Code or the receipt 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 ...

Section 1349.31 | Criminal proceedings initiated.

...n 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) The superintendent of financial institutions may directly bring an action to enjoin a violation of this section. The attorney general may directly bring an action against a mortgage broker, loan officer, or nonbank ...

Section 1349.32 | Conforming Ohio law to federal law.

...e "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 adopted by the ...

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

...e "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 Equity Prote...

Section 1349.34 | Examination and investigation of records.

...aging in, or is about to engage in, any activity constituting a failure to comply with section 1349.26 or 1349.27 of the Revised Code, the superintendent may make application to the court of common pleas of any county in this state for an order enjoining any such activity. Upon a showing by the superintendent that a person has engaged in, is engaging in, or is about to engage in, any activity constituting a failure t...

Section 1349.35 | Annual report.

...nts 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.

...r 1349.27 of the Revised Code; (D) Contacting the persons that are the subject of such complaints, on behalf of the consumers; (E) Referring matters to the superintendent of financial institutions for action under section 1349.34 of the Revised Code.

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

...nder shall not engage in a transaction, practice, or course of business that is not in good faith or fair dealing, or that operates a fraud upon any person, in connection with the attempted or actual making, purchase, or sale of any mortgage loan. (C) If a lender fails to comply with division (B) of this section, the affected consumer may recover damages of not less than all compensation paid directly or indirectly ...

Section 1349.44 | Report on financial institutions division operations.

...pect 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, revocations, or refusals to issue or renew certificates of registration and licenses under Chapter 1322. of the Revised Code; (3) Outreach efforts of the office of consumer affairs to provide ...

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.

...anings 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 otherwise furnish any information relative to an individual's insurance coverage that was submitted, in wh...

Section 1349.521 | Security freeze on consumer credit cards.

..., credit standing, credit capacity, character, general reputation, or personal characteristics. (D) A consumer credit reporting agency shall remove a security freeze placed on a credit report only in the following cases: (1) If the credit report was frozen due to a material misrepresentation of fact by the protected consumer's representative. If a consumer credit reporting agency intends to remove a security freeze...

Section 1349.53 | Civil action for noncompliance with security freeze.

...ed 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 division (C) or (J) of section 1349.52 of the Revised Code or damages of not less than one hundred dollars and not more than on...

Section 1349.55 | Non-recourse civil litigation advance contracts.

... civil litigation advance" means a transaction in which 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...

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

...(A)(1) Subject to division (C) of this section, no person or entity shall sell a gift card to a purchaser containing an expiration date that is less than two years after the date the gift card is issued. (2) No person or entity, within two years after a gift card is issued, shall charge service charges or fees relative to that gift card, including dormancy fees, latency fees, or administrative fees, that have the ef...

Section 1349.65 | High-volume seller definitions.

...ty-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, has entered into two hundred or more discrete sales or transactions of new or unused consumer products through the online mark...