Section 111.242 | Commercial solicitations of public records.
(A) As used in this section, "solicit" or "solicitations" means to directly advertise to a person. "Solicit" and "solicitations" do not include either of the following:
(1) Communication initiated by a consumer;
(2) Advertising or marketing to a person with whom the solicitor has a current or former commercial relationship.
(B) Any person other than the federal government, the state, a state agency, or a local government that solicits a fee for filing a document with, or retrieving a copy or certified copy of a certificate or public record from, the solicitor shall do all of the following:
(1)(a) Include a statement in the solicitation, in the same language as the solicitation, that is identical or substantially similar to the following:
"This is an advertisement. This offer is not being made by, or on behalf of, any government agency. You are not required to make any payment or take any other action in response to this offer."
(b) If the solicitation is in writing, the statement shall be in at least twenty-four-point type and located at the top of the physical document or the beginning of the electronic communication.
(2) Include, in the case of mailed solicitation, the words "THIS IS NOT A GOVERNMENT DOCUMENT" in twenty-four-point type and all capital letters on the envelope, outside cover, or wrapper in which the solicitation is mailed;
(3) Include both of the following in the solicitation:
(a) Information on where the person can file a document directly with the secretary of state or retrieve a copy or certified copy of a certificate or public record;
(b) The name of the person making the solicitation and the person's physical address, which shall not be a post office box.
(C) A solicitation described in division (B) of this section shall not be in a form, or use deadline dates or other language, that makes the document appear to be issued by the federal government, the state, a state agency, or a local government, or that appears to impose a legal duty on the person being solicited.
(D) A violation of this section constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code and is subject to any applicable penalties prescribed under Chapter 1345. of the Revised Code.
Last updated September 19, 2024 at 9:50 AM
Available Versions of this Section
- October 24, 2024 – Enacted by Senate Bill 98 - 135th General Assembly [ View October 24, 2024 Version ]