795.01 Definitions.
795.02 Deceptive acts or practices.
795.03 Unconscionable acts or practices.
795.04 Chief Inspector.
795.05 Rules and regulations.
795.06 Substantive rules.
795.07 Administrative powers and procedures.
795.08 Advisory Board on Consumer Affairs.
795.09 Odometer tampering prohibited.
795.10 Debt collection definitions.
795.11 Prohibited debt collection practices.
795.12 False statements.
795.13 Confidentiality.
795.14 Service of notice.
795.15 Exclusions.
795.16 No liability for bona fide error.
795.17 Organization criminal liability.
795.18 Jurisdiction and venue.
795.19 Severability; conflict; duty of care.
795.20 Definitions.
795.21 Prohibited practices.
795.22 Disclosures.
795.23 Penalties.
795.24 Severability.
795.25 Oversight Committee.
795.99 Penalty.
CROSS REFERENCES
Notification of public meetings - see ADM. Ch. 107
Falsification - see GEN. OFF. 525.02
Fraud - see GEN. OFF. 545.05
Administration and enforcement - see BUS. REG. Ch. 787
Commodities in general - see BUS. REG. Ch. 789
Advisory Board on Consumer Affairs - see Appendix A of this Title
Consumer Protection Agency rules and regulations - see Appendix B of this Title
As used in this chapter:
(a) "Consumer transaction" means a sale, lease, assignment, award by chance or other transfer of an item of goods, a service, franchise or an intangible (except those transactions between persons, defined in Ohio R.C. 4905.03 and 5725.01, and their customers, or between attorneys or physicians and their clients or patients) to an individual for purposes that are primarily personal, family or household, or solicitation to supply any of these things.
(b) "Person" includes an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, association or cooperative or any other legal entity.
(c) "Supplier" means a seller, lessor, assignor or franchisor who is engaged in the business of effecting or soliciting consumer transactions, whether or not he deals directly with the consumer.
(d) "Consumer" means a person who engages in a consumer transaction with a supplier.
(e) "Knowledge" means actual awareness, but such actual awareness may be inferred where objective manifestations indicate that the individual involved acted with such awareness.
(1952 Code § 26-7-1)
(a) No supplier shall commit a deceptive act or practice in connection with a consumer transaction. Such deceptive act or practice by a supplier violates this section whether it occurs before, during or after the transaction.
Without limiting the scope of the foregoing, an act or practice of a supplier in representing any of the following is deceptive:
(1) That the subject of a consumer transaction has sponsorship, approval, performance characteristics, accessories, uses or benefits it does not have;
(2) That the subject of a consumer transaction is of a particular standard, quality, grade, style, prescription or model if it is not;
(3) That the subject of a consumer transaction is new or unused, if it is not;
(4) That the subject of a consumer transaction is available to the consumer for a reason that does not exist;
(5) 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) That the subject of a consumer transaction will be supplied in greater quantity than the supplier intends;
(7) That replacement or repair is needed, if it is not;
(8) That a specific price advantage exists, if it does not;
(9) That the supplier has a sponsorship, approval or affiliation he does not have;
(10) That a consumer transaction involves or does not involve a warranty, a disclaimer of warranties, particular warranty terms or other rights, remedies or obligation if the representation is false;
(11) That goods or services will be supplied at an estimated price given to the consumer to induce the transaction when in fact the actual charges exceed the estimate by more than twenty-five percent, unless prior approval to exceed the estimate is given to the supplier by the consumer.
(b) No supplier shall offer to a consumer or represent that a consumer will receive a rebate, discount or other benefit as an inducement for entering into a consumer transaction in return for giving the supplier the names of prospective consumers, or otherwise helping the supplier to enter into other consumer transactions, if earning the benefit is contingent upon an event occurring after the consumer enters into the transaction.
(1952 Code § 26-7-10)
(a) No supplier shall commit an unconscionable act or practice in connection with a consumer transaction. Such an unconscionable act or practice by a supplier violates this section whether it occurs before, during or after the transaction.
(b) In determining whether an act or practice is unconscion-able, 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.
(1952 Code § 26-7-20)
(a) The Chief Inspector of Weights and Measures, or his representative, is hereby authorized and directed to receive and investigate all complaints of unlawful and unconscionable practices under this chapter, and any violations of Federal, State and municipal statutes, laws, ordinances, rules and regulations affecting consumers. The Chief Inspector may refer his findings to the Department of Law for whatever legal action may be deemed warranted under the circumstances.
(b) In addition to any other powers vested in the Chief Inspector to enforce Federal, State or local law, he shall have the following powers and duties:
(1) Exercise general supervision over the personnel assigned to enforce the laws pertaining to consumer protection.
(2) Submit to Council, after consultation with the Advisory Board and approval of the Mayor such legislation necessary and proper to effectuate the consumer protection program of the City.
(3) Make appropriate studies, prepare short and long term plans for consumer protection and report annually to the Mayor and Council on his progress.
(4) Attend public or private hearings of any public agency relating to any aspect of consumer protection or other matters dealing with the administration of this chapter.
(5) Collect and disseminate information and conduct educational training programs relating to consumer protection.
(6) Encourage voluntary cooperation and compliance by all persons and affected groups in order to effectively achieve the purposes of this chapter.
(7) Take such steps as are necessary to insure that all confidential trade secrets obtained are properly safeguarded.
(8) Request, accept, receive and administer public grants, or other funds.
(9) Advise, inform, consult and cooperate with Federal, State and local agencies, and with interested groups and persons on the subject of consumer protection.
(1952 Code § 26-7-30)
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