CHAPTER 750
Unfair Trade Practices

750.01   Unfair trade practices defined.

750.02   Territorial application.

750.03   Unfair trade practices prohibited.

750.04   Waivers and disclaimers.

750.05   Right of entry.

750.06   Legal proceedings.

750.07   Cease and desist orders.

750.08   Assurances that violations will cease.

750.99   Penalty.

   CROSS REFERENCES

   Unfair commercial practices - see Ohio R.C. Ch. 1333

   Posting current gasoline selling prices - see BUS. REG. Ch. 749

750.01 UNFAIR TRADE PRACTICES DEFINED.

   Unfair trade practices are hereby declared to be unlawful and prohibited. "Unfair trade practices" mean any act, omission or practice undertaken by a merchant which unfairly takes advantage of the lack of knowledge, ability, experience or capacity of a consumer, or results in a gross disparity between the value received by a consumer and the price paid, in the consumer's detriment; provided that no act or practice shall be deemed unconscionable under this code unless declared unconscionable and described with reasonable particularity in a local law, or in a ruling promulgated by the Director of Safety. In promulgating such rulings the Director shall consider among other factors:

   (a)   Knowledge by merchants engaging in the act or practice of the inability of consumers to receive properly anticipated benefits from the goods or services involved;

   (b)   Gross disparity between the price of goods or services and their value measured by the price at which similar goods or services are readily obtained by other consumers;

   (c)   Definitions of unconscionability in statutes, regulations, rulings, and decisions of legislative or judicial bodies in this State or elsewhere.

(Ord. 8824-2001. Passed 10-2-01.)

750.02 TERRITORIAL APPLICATION.

   This Code applies to all consumer transactions which take place in the City, regardless of the residence of any of the persons directly or indirectly affected by such transactions.

(Ord. 8824-2001. Passed 10-2-01.)