(a) After receiving a complaint under Section 201.04, the Office shall investigate the facts and issues. If the Office finds reasonable grounds to believe an unfair, deceptive, or unconscionable consumer sales practice has occurred, the Office must attempt to mediate the matter with all interested parties and any representatives the parties choose to assist them. If the Office has reason to believe an act of predatory lending has occurred, the Deputy Director may then refer the matter to the Ohio Attorney General's Office, the Ohio Department of Commerce, the Federal Trade Commission or other appropriate person for suitable action if necessary.
(b) If the Office is unable to reconcile the parties' differences concerning any complaint of unfair, deceptive, or unconscionable consumer sales practice, the Deputy Director may then mediate and use the authority granted in Section 201.02 and assist the parties in coming to a settlement agreement. Whenever appropriate, the Deputy Director may refer a complaint to an appropriate person including but not limited to the following: the Consumer Protection Division of the Ohio Attorney General's Office, the Ohio Department of Commerce, the Federal Trade Commission, or the Summit County Prosecutor.
(c) The terms of mediation agreed to by the parties must be reduced to writing and incorporated into a written assurance of voluntary compliance or settlement agreement to be signed by the parties. A written assurance of voluntary compliance or settlement agreement must be signed by the Deputy Director of Consumer Affairs, the Director of Law and Risk Management and the County Executive.
(d) If the Deputy Director is unable to mediate a complaint, does not affect an assurance of voluntary compliance or settlement agreement, or finds that a complaint is not susceptible of mediation, the Deputy Director may transmit the matter to the County Prosecutor, or other appropriate person for suitable action. In addition to recovery of fines, as provided by the Codified Ordinances of the County of Summit and the Ohio Revised Code, actions may be brought for injunctive relief in any court of competent jurisdiction to restrain a person from violating applicable law and to restrain a person from engaging in unfair, deceptive, or unconscionable consumer sales practices.
(e) If the Deputy Director finds that a complaint lacks reasonable grounds upon which to base a violation, the Deputy Director may dismiss the complaint or order further investigation.
(f) Nothing in this Section prevents any person from exercising any right or seeking any remedy to which the person might otherwise be entitled, or from filing any complaint with any other person, agency or court.
(Ord. 2004-618. Adopted 11-22-04; Ord. 2013-093. Adopted 4-15-13; Ord. 2018-236. Adopted 6-18-18.)
(Ord. 2004-618. Adopted 11-22-04; Ord. 2013-093. Adopted 4-15-13; Ord. 2018-236. Adopted 6-18-18.)