Ohio Revised Code Search

...7.34 of the Revised Code. The funds deposited with the trustee shall remain intact and held in trust for the contract beneficiary. (D) The seller shall establish a preneed funeral contract trust at one of the following types of institutions and shall designate that institution as the trustee of the preneed funeral contract trust: (1) A trust company licensed under Chapter 1111. of the Revised Code; (2) A nation...

...ivered funeral goods pursuant to a preneed funeral contract when the seller makes actual delivery of the goods to the contract beneficiary.

...venue Code of 1986," 100 Stat. 2085, 26 U.S.C. 501, as amended, and the preneed funeral contract pertains to a cemetery owned and operated entirely and exclusively by the church or denomination, on the condition that the church or denomination adopts, on a voluntary basis, rules and other measures to safeguard and secure all funds received under any preneed funeral contract. Any money, insurance po...

...The board of embalmers and funeral directors shall comply with section 4776.20 of the Revised Code.

...717.07 of the Revised Code shall be deposited into the fund. The fund shall be used to reimburse purchasers of preneed funeral contracts who have suffered financial loss as a result of the malfeasance, misfeasance, default, failure, or insolvency in connection with the sale of a preneed funeral contract by any licensee under this chapter, regardless of whether the sale of such contract occurred before or after the es...

...ne year, or both, for the first offense. For each subsequent offense such a person shall be fined not less than one hundred nor more than ten thousand dollars, or imprisoned for not more than one year, or both. Whoever purposely violates division (D) or (E) of section 4717.31 of the Revised Code is guilty of a misdemeanor of the third degree. If the purpose of a violation ...

...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,...

...ation renewal from the attorney general under section 4719.03 of the Revised Code. (B) The application for a certificate of registration or registration renewal as a telephone solicitor shall contain all of the following information: (1) The true name, date of birth, driver's license number, social security number or tax identification number, business address, and home address of the applicant, including each name...

...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...

...sued 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, that is injured by any violation of any provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under those sections. (3) T...

...No telephone solicitor that intends to represent or cause to be represented, expressly or impliedly, to a purchaser that the purchaser is or may be eligible to receive a gift, award, or prize, however denominated, shall fail to submit to the attorney general, any later than fourteen days prior to first making that representation, a statement setting forth all of the following, for each item mentioned: (A) A descript...

...orm 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 purchase, receive, or use, and the quantity of, any goods or services that are the subject of the telephone solicitation; (3) All material restrictions, limita...

...limited to, a checking, savings, share, credit card, or other account for which the purchaser may be obligated financially, unless the telephone solicitor has received from the purchaser the original copy of a confirmation that is signed by the purchaser and that complies with divisions (F) and (G) of this section. (D) No telephone solicitor that causes a written confirmation under this section to be delivered to a...

...of registration or registration renewal under section 4719.03 of the Revised Code through any false or fraudulent representation or make any material misrepresentation in any registration or registration renewal application; (B) Fail to maintain a valid certificate of registration or registration renewal; (C) Advertise that one is registered as a telephone solicitor or represent that registration as a telephone sol...

...e 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.

...8 of the Revised Code or a rule adopted under any provision of those sections, the attorney general may investigate the alleged violation. (B) For purposes of an investigation under division (A) of this section, the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of any book, document, record, or other relevant matter. If the matter to be produced is located out...

...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...

...e prosecution with all the rights, privileges, and powers conferred by law on prosecuting attorneys, including the power to appear before grand juries and to interrogate witnesses before grand juries. (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...

...ction 4719.09 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.

...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 rules, the court shall grant an injunction, temporary restraining order, or other appropriate relief. (B) If a court awards damages under division (A) of this section, the court shall award damages in an amount that is not less...

...owers available to the attorney general under division (B) of section 4719.03 and sections 4719.11 to 4719.13 of the Revised Code are cumulative and concurrent, and the exercise of one remedy or power by the attorney general does not preclude or require the exercise of any other remedy or power. The attorney general is not required to use any procedure set forth in division (B) of section 4719.03 or section 4719.11 o...

...y the telemarketing fraud enforcement fund. The treasurer of state shall deposit into the fund registration fees paid pursuant to divisions (A) and (D) of section 4719.02 of the Revised Code. The consumer protection section of the office of the attorney general shall use the moneys in the fund to pay for any expenses reasonably related to the administration of Chapter 4719. of the Revised Code, the investigati...

...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 with section 1.11 of the Revised Code.

...n of division (B) of this section is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. A person injured by a violation of division (B) of this section has a cause of action and is entitled to the same relief available to a consumer under section 1345.09 of the Revised Code, and all powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of...