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.)