CHAPTER 201
Office of Consumer Affairs

201.01   Definitions.

201.02   Office of Consumer Affairs.

201.03   Jurisdiction.

201.04   Filing of complaints.

201.05   Procedures and enforcement.

201.06   Advisory Board.

CROSS REFERENCES

Foreclosure education and prevention fee allocated to Office of Consumer Affairs - see ADM. 113.11(b)

Consumer protection - see BUS. REG. Title Five

201.01 DEFINITIONS.

   As used in this Chapter, certain terms are defined as follows:

   (a)    "Consumer" means a person who seeks or acquires real or personal property, goods, or services, primarily for personal, family, or household purposes.

   (b)   "Consumer Transaction" means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, family, or household, or solicitation to supply any of these things. "Consumer Transaction" does not include transactions between persons defined in section 4905.03 of the Ohio Revised Code and their customers; transactions between certified public accountants or public accountants; transactions between attorneys, physicians, or dentists, and their clients or patients; and transactions between veterinarians and their patients that pertain to medical treatment but not ancillary services. "Consumer transaction" also does not include transactions between persons, defined in 5725.01 of the Ohio Revised Code, including FDIC insured depository institutions and their operating subsidiaries, and their customers unless otherwise provided by federal or state law, statute, or rule.

   (c)   “Deputy Director" means the Deputy Director of the Office of Consumer Affairs wherever used in this Chapter, unless specifically defined otherwise.

   (d)   "Office" means the Office of Consumer Affairs.

   (e)   "Person" means any individual, partnership, partner, firm, company, corporation, association, joint stock company, trust, estate, governmental entity, or any other legal entity, or their legal representatives, agents, assigns, employees, or successors.

   (f)   "Predatory lending" means lending or lending related practices that are unlawful under Federal and/or State law, including but not limited to Ohio Revised Code Sections 1349.26 and 349.27.

   (g)   "Services" means and includes, but is not limited to, work, labor, consumer transactions, privileges, and all other accommodations which are primarily for personal, family, or household purposes.

   (h)   "Unconscionable consumer sales practices" means practices in connection with a consumer transaction 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 to the consumer's detriment. In determining whether an act or practice is unconscionable, the following circumstances shall be taken into consideration:

      (1)   Whether the supplier has knowingly taken advantage of the inability of the consumer reasonably to protect his interests because of his physical or mental infirmities, ignorance, illiteracy, or inability to understand the language of an agreement;

      (2)   Whether the supplier knew at the time the consumer transaction was entered into that the price was substantially in excess of the price at which similar property or services were readily obtainable in similar consumer transactions by like consumers;

      (3)   Whether the supplier knew at the time the consumer transaction was entered into of the inability of the consumer to receive a substantial benefit from the subject of the consumer transaction;

      (4)   Whether the supplier knew at the time the consumer transaction was entered into that there was no reasonable probability of payment of the obligation in full by the consumer;

      (5)   Whether the supplier required the consumer to enter into a consumer transaction on terms the supplier knew were substantially one-sided in favor of the supplier;

      (6)   Whether the supplier knowingly made a misleading statement of opinion on which the consumer was likely to rely to his detriment;

      (7)   Whether the supplier has, without justification, refused to make a refund in cash or by check for a returned item that was purchased with cash or by check, unless the supplier had conspicuously posted in the establishment at the time of the sale a sign stating the supplier's refund policy.

   (i)   "Unfair or deceptive consumer sales practices" means and includes, but is not limited to:

      (1)   Representing that the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits that it does not have;

      (2)   Representing that the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription, or model, if it is not;

      (3)   Representing that the subject of a consumer transaction is new, or unused, if it is not;

      (4)   Representing that the subject of a consumer transaction is available to the consumer for a reason that does not exist;

      (5)   Representing that the subject of a consumer transaction has been supplied in accordance with a previous representation, if it has not, except that the act of a supplier in furnishing similar merchandise of equal or greater value as a good faith substitute does not violate this section;

      (6)   Representing that the subject of a consumer transaction will be supplied in greater quantity than the supplier intends;

      (7)   Representing that replacement or repair is needed, if it is not;

      (8)   Representing that a specific price advantage exists, if it does not;

      (9)   Representing that the supplier has a sponsorship, approval, or affiliation that the supplier does not have;

      (10)   Representing that a consumer transaction involves or does not involve a warranty, a disclaimer of warranties or other rights, remedies, or obligations if the representation is false.

         (Ord. 2004-618. Adopted 11-22-04.)

201.02 OFFICE OF CONSUMER AFFAIRS.

   (a)    There is hereby created an Office of Consumer Affairs, which shall serve under the direction of the County Executive, and perform the functions set forth herein. Said Office shall be organized as a Division of the Executive's Department of Law and Risk Management.

   (b)    The Office of Consumer Affairs shall be supervised by the Deputy Director of Consumer Affairs, who shall report to the County Executive through the Executive's Director of Law and Risk Management. The Deputy Director shall have thorough knowledge of local, county, state and federal consumer protection laws. In addition to the Deputy Director of Consumer Affairs, the Executive may employ such other individuals as he or she determines necessary to perform the duties and functions of the office, including, but not limited to:

      (1)    Outreach Specialist who shall respond to consumer inquiries and complaints, work cooperatively with consumer agencies, schools, media, and community organizations to educate consumers and businesses about consumer issues and predatory lending and who shall provide consumers with information and referral services to appropriate agencies on consumer related issues. For the purpose of educating consumers and businesses about predatory lending practices, indicators of predatory lending may include: failure to appropriately disclose required information, terms under which the outstanding principal balance will increase, financing excessive fees into loans, refinancing low interest mortgages at higher interest rates, loan flipping, charging higher interest rates than a borrower's credit warrants, loans made without regard to a borrower's ability to repay, prepayment penalties, falsely promising to provide additional financing in the future or to refinance at a lower rate, preying on the emotional needs of the borrower, property flipping, shifting unsecured debt into mortgages, balloon payments, and yield spread premiums.

      (2)    Investigator who shall investigate complaints to determine violations of consumer laws, conciliate matters between conflicting parties, and refer irreconcilable matters to the Deputy Director; and

      (3)    Administrative Secretary who shall respond to complaints, perform complex secretarial functions, and relieve the Office of routine administrative tasks;

   The Office of Consumer Affairs shall be subject to the County's Classification and Compensation Plan and the requirements and provisions of Chapter 169 of these Codified Ordinances as they exist and may be amended in the future.

   (c)    The Office of Consumer Affairs shall be responsible for performing the following duties and functions:

      (1)    Promoting the enforcement of all laws, rules, and regulations pertaining to consumer affairs and predatory lending as provided in the Codified Ordinances of the County of Summit, the Ohio Revised Code, and other applicable consumer law;

      (2)    Referring to appropriate governmental or regulatory agencies, either public or private, having jurisdiction over consumer protection matters, any information concerning an apparent or potential violation of any consumer protection laws.

      (3)    Undertaking activities to encourage local business and industry to maintain high standards of honesty, fair consumer sales practices and public responsibility in the production, promotion and sale of merchandise, goods and services and the extension of credit;

      (4)    Investigating and mediating complaints referred from the Investigator and referring to the County Prosecutor, Ohio Attorney General, Federal Trade Commission or other appropriate person for suitable action if necessary;

      (5)    Receiving moneys and issuing vouchers for the disbursement of moneys in accordance with the terms of any stipulated assurance of voluntary compliance or settlement agreement made pursuant to Section 201.05(c);

      (6)    Holding hearings, compelling the attendance of witnesses, administering oaths, taking the testimony of any person under oath and, in connection therewith, requiring the production of any evidence relating to any matter under investigation by the office. At any hearing, a witness has the right to be advised by counsel present during the hearing;

      (7)    Issuing summons to compel the attendance of witnesses and the production of documents, papers, books, records, and other evidence;

      (8)    Issuing cease and desist orders with respect to consumer violations which violate the consumer law in the Codified Ordinances of the County of Summit;

      (9)    Establishing programs to inform consumers of practices and problems and representing the interest of consumers before administrative and regulatory agencies;

      (10)    Working with other city, county, state, and federal governmental agencies, professional associations and private consumer groups to insure the protection of consumers;

      (11)    Contracting with other agencies for mediation if necessary;

      (12)    Maintaining a consumer complaint database of cases filed within Summit County;

      (13)    Making an annual report enumerating the activities and recommendations of the Office of Consumer Affairs to County Council.

      (14)    Partnering with other county-based agencies and non-profit agencies for swift resolution of consumer-related problems;

      (15)    Enforcing such other ordinances as adopted by County Council and codified in the Codified Ordinances of the County of Summit, whereby County Council confers upon the Office of Consumer Affairs the authority to enforce said ordinances.
(Ord. 2004-618. Adopted 11-22-04; Ord. 2013-093. Adopted 4-15-13; Ord. 2018-236. Adopted 6-18-18.)

201.03 JURISDICTION.

   The Office of Consumer Affairs shall have jurisdiction over all consumer transactions which take place within the County of Summit, regardless of the residence of any of the persons directly or indirectly affected by such transaction, and such other jurisdiction as conferred upon it by County Council elsewhere in these Codified Ordinances of the County of Summit.
(Ord. 2004-618. Adopted 11-22-04; Ord. 2013-093. Adopted 4-15-13.)