Unfair or deceptive trade practices are hereby declared to be unlawful and prohibited. “Unfair or deceptive trade practices” means any act, omission or practice undertaken by a merchant which is false, deceptive, fraudulent or misleading and results in or is intended to result in a consumer transaction. Unfair or deceptive trade practices include but are not limited to the following:
(a) Passing off goods or services as those of another;
(b) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;
(c) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by another;
(d) Using deceptive representations or designations of geographic origin in connection with goods or services;
(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he or she does not have;
(f) Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or second-hand;
(g) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;
(h) Disparaging the goods, services or business of another by false or misleading representation of fact;
(i) Advertising goods or services with intent not to sell them as advertised;
(j) Advertising goods or services with intent not to supply reasonably expectable public demand unless the advertisement discloses a limitation of quantity;
(k) Making false or misleading statements of fact concerning reasons for, existence of or amounts of price reductions;
(l) Representing that the consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law;
(m) Representing that a part, replacement or repair service is needed when it is not;
(n) Representing that the subject of a consumer transaction has been supplied in accordance with a previous representation when it is not;
(o) Causing likelihood of confusion or of misunderstanding with respect to the authority of a salesman, representative or agent to negotiate the final terms of a transaction with a consumer;
(p) Making false or misleading statements relating to determining the value of real property or manufactured homes in a consumer transaction;
(q) Engaging in any other act or practice which similarly creates a likelihood of deceiving or misleading the consumer;
(r) Definitions and specifications of unfair or deceptive trade practices contained in rules and regulations promulgated by the Director;
(s) Any act, omission, or practice inconsistent with laws of the State of Ohio, federal law, and rules and regulations promulgated under either State or federal law, and decisions of the Federal Trade Commission, and Federal and State courts, relating to consumer protection.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)