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109:4-3-13 Motor vehicle repairs or services.
A. It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where the anticipated cost exceeds twenty-five dollars ($25.00) and there has been face to face contact at the supplier's place of business during the hours such repairs or services are offered, between the consumer or his representative and the supplier or his representative, prior to the commencement of the repair or service for a supplier to:
1. Fail, at the time of the initial face to face contact and prior to the commencement of any repair or service, to provide the consumer with a form which indicates the date, the identity of the supplier, the consumer's name and telephone number, the reasonably anticipated completion date and, if requested by the consumer, the anticipated cost of the repair or service. The form shall also clearly and conspicuously contain the following disclosures in substantially the following language:
"ESTIMATE
YOU HAVE THE RIGHT TO AN ESTIMATE IF THE EXPECTED COST OF REPAIRS OR SERVICES WILL BE MORE THAN TWENTY-FIVE DOLLARS.
INITIAL YOUR CHOICE:
WRITTEN ESTIMATE
ORAL ESTIMATE
NO ESTIMATE"
2. Fail to post a sign in a conspicuous place within that area of the supplier's place of business to which consumers requesting any repair or service are directed by the supplier or to give the consumer a separate form at the time of the initial face to face contact and prior to the commencement of any repair or service which clearly and conspicuously contains the following language:
"NOTICE
IF THE EXPECTED COST OF A REPAIR OR SERVICE IS MORE THAN TWENTY-FIVE DOLLARS, YOU HAVE THE RIGHT TO RECEIVE A WRITTEN ESTIMATE, ORAL ESTIMATE OR YOU CAN CHOOSE TO RECEIVE NO ESTIMATE BEFORE WE BEGIN WORK. YOUR BILL WILL NOT BE HIGHER THAN THE ESTIMATE BY MORE THAN TEN PERCENT UNLESS YOU APPROVE A LARGER AMOUNT BEFORE REPAIRS ARE FINISHED. OHIO LAW REQUIRES US TO GIVE YOU A FORM SO THAT YOU CAN CHOOSE EITHER A WRITTEN, ORAL OR NO ESTIMATE."
3. Fail, where a consumer requests a written estimate of the anticipated cost of repairs or services, to make a bona fide effort during the initial face to face contact to provide the written estimate on the form required by subsection (A) (1) of this rule.
4. Fail, where a consumer requests a written or oral estimate, to give the estimate to the consumer before commencing the repair or service.
B. It shall be a deceptive act or practice in connection with a consumer transaction involving the performance of either repairs or any service upon a motor vehicle where there has not been face to face contact between the consumer or his representative and the supplier or his representative prior to the commencement of the repair or service for a supplier to:
1. Fail to make available to the consumer who makes a supplier-authorized delivery of a motor vehicle for repair or service at the supplier's place of business during non-business hours of the repair or service facility, a form in duplicate, with instructions directing the consumer to retain a copy, which indicates the identity of the supplier and contains the following disclosures in substantially the following language:
"ESTIMATE
YOU HAVE THE RIGHT TO AN ESTIMATE OF THE COST OF REPAIRS OR SERVICES WHICH YOU ARE REQUESTING. YOUR BILL WILL NOT BE HIGHER THAN THE ESTIMATE BY MORE THAN TEN PERCENT UNLESS YOU APPROVE A LARGER AMOUNT BEFORE REPAIRS ARE FINISHED. YOU CAN CHOOSE THE KIND OF ESTIMATE YOU WANT TO RECEIVE BY SIGNING YOUR NAME UNDER ONE OF THE FOLLOWING CHOICES AND INDICATING A TELEPHONE WHERE YOU CAN BE REACHED IF NECESSARY:
(a) WRITTEN ESTIMATE
(CUSTOMER SIGNATURE)
(b) ORAL ESTIMATE
(CUSTOMER SIGNATURE)
(c) NO ESTIMATE
(CUSTOMER SIGNATURE)
CUSTOMER NAME
CUSTOMER TELEPHONE NUMBER
DATE "
2. Fail in all other instances, upon the first contact with the consumer, to inform the consumer of the right to receive a written or oral estimate of the anticipated cost of the repair or service.
3. Fail, where the consumer requests an oral estimate, to give the oral estimate to the consumer before commencing the repair or service.
4. Fail, where the consumer requests a written estimate, to prepare a written estimate, inform the consumer that the estimate is available and, upon the consumer's request, give the estimate to the consumer before commencing the repair or service.
C. In any consumer transaction involving the performance of any repair or service upon a motor vehicle it shall be a deceptive act or practice for a supplier to:
1. Make the performance of any repair or service contingent upon a consumer's waiver of any rights provided for in this rule;
2. Fail, where an estimate has been requested by a consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the cost of those repairs or services amounts to ten percent or more, excluding tax, of the original estimate;
3. Fail, where the anticipated cost of a repair or service is less than twenty-five dollars ($25.00) and an estimate has not been given to the consumer, to obtain oral or written authorization from the consumer for the anticipated cost of any additional, unforeseen, but necessary repairs or services when the total cost of the repairs or services, if performed, will exceed twenty-five ($25.00) dollars;
4. Fail to disclose prior to acceptance of any motor vehicle for inspection, repair or service, that in the event the consumer authorizes commencement but does not authorize completion of a repair or service, that a charge will be imposed for disassembly, reassembly or partially completed work. Any charge so imposed must be directly related to the actual amount of labor or parts involved in the inspection, repair or service.
5. Charge for any repair or service which has not been authorized by the consumer;
6. Fail to disclose upon the first contact with the consumer that any charge not directly related to the actual performance of the repair or service will be imposed by the supplier whether or not repairs or services are performed;
7. Fail to disclose upon the first contact with a consumer the basis upon which a charge will be imposed for towing the motor vehicle if that service will be performed;
8. Represent that repairs or services are necessary when such is not the fact;
9. Represent that repairs have been made or services have been performed when such is not the fact;
10. Represent that a motor vehicle or any part thereof which is being inspected or diagnosed for a repair or service is in a dangerous condition, or that the consumer's continued use of it may be harmful, when such is not the fact;
11. Materially understate or misstate the estimated cost of the repair or service;
12. Fail to provide the consumer with an itemized list of repairs performed or services rendered, including a list of parts or materials and a statement of whether they are used, remanufactured or rebuilt, if not new, and the cost thereof to the consumer, the amount charged for labor and the identity of the individual performing the repair or service.
13. Fail to tender to the consumer any replaced parts, unless the parts are to be rebuilt or sold by the supplier, or returned to the manufacturer in connection with warranted repairs or services, and such intended reuse or return is made known to the consumer prior to commencing any repair or service;
14. Fail to provide to the consumer upon his request a written, itemized receipt for any motor vehicle or part thereof that is left with, or turned over to, the supplier for repair or service. Such receipt shall include:
a. The identity of the supplier which will perform the repair or service;
b. The name and signature of the supplier or a representative who actually accepts the motor vehicle or any part thereof;
c. A description including make and model number of such other features as will reasonably identify the motor vehicle or any part thereof to be repaired or serviced;
d. The date on which the motor vehicle or any part thereof was left with or turned over to the supplier.
15. Fail, at the time of the signing or initialing of any document by a consumer, to provide the consumer with a copy of the document;
16. Fail to disclose to the consumer prior to the commencement of any repair or service, that any part of the repair or service will be performed by a person other than the supplier or his employees, if the supplier disclaims any warranty of the repair or service performed by that person. In addition the supplier shall disclose the nature of the repair or service which that person will perform, and if requested by the consumer, the identity of that person.
(D). The forms required by subsections (A) (1) and (B) (1) of this rule may be separate or may be incorporated into another form used by the supplier as long as the required disclosures are easily legible and clearly and conspicuously appear on the form. Nothing in this rule shall preclude a supplier from incorporating into the same form additional disclosures required by this rule.
E. The sign or form required by subsection (A)(2) of this rule shall be printed in such a size and manner so that the notice is easily legible. Additional disclosures required by this rule may be incorporated into the sign or form so long as the language required by subsection (A) (2) of this rule prominently appears as the first listed disclosure. Where a supplier gives written estimates to consumers prior to the commencement of any repair or service regardless of the anticipated cost of repairs or services, the language in the form required by subsection (A) (1) and the sign or form required by subsection (A) (2) of this rule may be modified to disclose that fact.
F. In lieu of complying with the requirements of subsections (A) (1) and (B) of this rule, a supplier may provide a consumer, prior to the commencement of any repair or service, with a written quotation of the price at which the repair or service will be performed, which shall indicate that the quotation shall be binding upon the supplier for a period of five days, provided that the subject of the consumer transaction is made available to the supplier for the repair or service within that period.
G. For purposes of subsection (B) (1) of this rule, a supplier has not authorized delivery of a motor vehicle during non-business hours of the repair or service facility where there has not been communication of that fact to the general public by the supplier or his representative.
H. As used in this rule, "motor vehicle" shall have the same meaning as that term is defined in Ohio R.C. 4501.01 (B).
I. The provisions of Rule 109:4-3-05 of this chapter shall have no application to consumer transactions involving the performance of either repairs or any service upon a motor vehicle.
(Ord. 714-78)
109:4-3-14 Insulation.
A. Definitions.
1. "Insulation" means for purposes of this rule, any material used primarily to retard or to resist heat flow, whether mineral or organic, fibrous, cellular or reflective, or in rigid, semi-rigid, flexible or loose-fill form.
2. "Manufacturer" means any supplier who processes any materials for the purpose of making insulation.
3. " Installer" means any supplier who places or affixes or contracts to place or affix, insulation by any means in connection with a consumer transaction.
4. "R-value" means resistance to heat flow and is the reciprocal of thermal conductance.
5. "ASTM" means the American Society for Testing and Materials.
6. "Label" means any information provided by the manufacturer either on or attached to a package of insulation.
7. "Package" means a bag, drum, box, wrapping or any container in which a manufacturer provides insulation.
8. "Vapor barrier" means any material used to retard the migration of moisture vapor into building sections.
B. It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any supplier to make a representation:
1. Concerning R-value at any thickness for any type of insulation unless such representation is based upon the results of testing of the supplier's insulation, conducted in accordance with the latest existing ASTM testing standards, or comparable standards. Such testing shall have been performed not more than sixty days prior to the making of any such representation, provided, however, that such testing may be performed on an annual basis so long as the supplier utilizes a quality control procedure which is sufficient to insure that the insulation has an R-value which is identical, within tolerances permitted by testing standards authorized by this rule, to that of the insulation which was tested for R-value. The R-value represented must equal the R-value of the insulation at the settled density or cured state;
2. Concerning fire retardancy of any type of insulation unless such representation is based upon the results of testing of the supplier's insulation, conducted in accordance with the latest existing ASTM standards, or comparable standards for fire retardancy. Such testing shall have been performed not more than sixty days prior to the making of any such representation, provided, however, that such testing may be performed on an annual basis so long as the supplier utilizes a quality control procedure which is sufficient to insure that the insulation is fire retardant to the same extent as that insulation which was tested for fire retardancy;
3. Concerning non-corrosiveness of any type of insulation unless such representation is based upon the results of testing of the supplier's insulation, conducted in accordance with the latest existing ASTM testing standards, or comparable standards, for corrosiveness. Such testing shall have been performed not more than sixty days prior to the making of any such representation, provided, however, that such testing may be performed on an annual basis so long as the supplier utilizes a quality control procedure which is sufficient to insure that the insulation is non-corrosive to the same extent as that insulation which was tested for non-corrosiveness;
4. That any type of insulation is "fireproof";
5. That specific amounts or percentages, including ranges of amounts or percentages, of money or fuel have been or may be saved as a result of the installation of insulation unless the supplier has a reasonable basis for making the representation at the time it is made. Such reasonable basis shall consist of information within the supplier's actual knowledge which is based upon scientific or engineering data of such reliability and validity which would cause a reasonable and prudent supplier to believe that the representation is truthful, complete and applicable to the insulation about which the representation is made. Whenever such a representation is made, it shall be accompanied by a statement in the following language, "Don't expect to immediately save as much money as it costs to insulate. Exact amounts of savings cannot be guaranteed. Your heating system, thermostat setting, weatherproofing, living habits and other unpredictable factors will affect your fuel usage."
6. That tax benefits are available to a consumer who purchases insulation unless such benefits have been legally enacted, are in effect, and the consumer to whom the representation is made is eligible to receive the benefits.
C. It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any manufacturer of insulation to:
1. Fail to label each package of insulation with the following information:
a. The name and address of the manufacturer and the brand name and type of insulation contained in the package;
b. For batts, blankets or boardstock, the R-value, the thickness in inches necessary to obtain the stated R-value, and except for boardstock, the square footage covered by each package and the dimensions of the insulation;
c. For all loose-fill insulation, the R-value, the thickness and weight per square foot necessary to obtain the stated R-value and the square feet covered by each package;
d. For aluminum foil, the number of foil sheets, the number and thickness of the air spaces and the R-value provided when the direction of heat flow is up, down and horizontal;
e. For sprayed-in-place foam, the R-value, the thickness in inches necessary to obtain the stated R-value and the pounds per cubic foot at the stated R-value;
2. Except for sales to installers, fail to provide the following statements clearly and conspicuously on the label of each package of insulation:
a. "ASK FOR THE MANUFACTURER'S INSULATION FACT SHEET.";
b. If installation instructions are included with the package, "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. IF YOU INSTALL IT YOURSELF, FOLLOW INSTRUCTIONS CAREFULLY.";
c. If no instructions are included with the package, "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. IF YOU INSTALL IT YOURSELF, GET INSTRUCTIONS AND FOLLOW THEM CAREFULLY. INSTRUCTIONS DO NOT COME WITH THE PACKAGE.";
d. If a full warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183,15 U.S.C.A. 2301 et seq., is given, "THE MANUFACTURER WARRANTS THIS PRODUCT FULLY.";
e. If a limited warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.A. 2301 et seq., is given, "THIS PRODUCT HAS A LIMITED WARRANTY. THE MANUFACTURER WARRANTS THIS PRODUCT SUBJECT TO CERTAIN CONDITIONS AND EXCEPTIONS. ASK THE SELLER FOR A COPY OF THE WARRANTY.";
3. Fail to provide to any supplier in sufficient quantity to insure distribution to each ultimate consumer who purchases the manufacturer's insulation a form designated "MANUFACTURER'S INSULATION FACT SHEET" which clearly and conspicuously provides the following information:
a. The name and address of the manufacturer and the brand name and type of insulation contained in the package;
b. In twelve point type, the statement, "THIS FACT SHEET CONTAINS IMPORTANT DETAILS ABOUT INSULATION. READ IT CAREFULLY." (Fill in the blank with the type of insulation covered by the fact sheet, for example, "loose-fill cellulose," "unreaformaldehyde foam");
c. For batts, blankets or boardstock, a chart showing the R-value of the insulation, the thickness in inches necessary to obtain the stated R-value, and except for boardstock, the square footage covered by each package, and the dimensions of the insulation;
d. For all loose-fill insulation, a chart showing the R-value, the thickness and weight per square foot necessary to obtain the stated R-value and the square feet covered by each package;
e. For aluminum foil, a chart showing the number of foil sheets, the number and thickness of the air spaces and the R-value provided when the direction of heat flow is up, down and horizontal;
f. For sprayed-in-foam, a chart showing the R-value, the thickness in inches necessary to obtain the stated R-value and the pounds per cubic foot at the stated R-value;
g. For batts, blankets, loose-fill mineral wool, cellulose or any other insulation, the R-value of which is reduced by moisture build-up, after the charts required by subsection (C) (3) (c) or (d) of this rule, the statement "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. READ AND FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY IF YOU PLAN TO INSTALL THE INSULATION YOURSELF. FOLLOW THE CHART ON THIS FACT SHEET TO OBTAIN THE RIGHT THICKNESS FOR THE MARKED R-VALUE THEN FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY. MOISTURE BUILD-UP IN THIS PRODUCT WILL REDUCE THE MARKED R-VALUE. YOU MAY NEED A VAPOR BARRIER TO PREVENT MOISTURE BUILD-UP.";
h. For aluminum foil or boardstock, after the charts required by subsection (C) (3) (c) or (e) of this rule, the statement, "THIS INSULATION MUST BE INSTALLED PROPERLY TO GET THE MARKED R-VALUE. OBTAIN AND FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY IF YOU PLAN TO INSTALL THE INSULATION YOURSELF.";
i. For sprayed-in-place foam, after the chart required by subsection (C) (3) (f) of this rule, the statement, "THIS INSULATION MUST BE INSTALLED PROPERLY. BOTH CHEMICAL MIX AND APPLICATION SHOULD BE DONE BY A TRAINED, QUALIFIED INSTALLER. PROPER VENTILATION IS NECESSARY TO REDUCE FUMES AND ODORS WHICH MAY RESULT FROM INSTALLATION. THIS INSULATION SHRINKS AFTER INSTALLATION. EXCESS SHRINKAGE WILL RESULT IN A LOWER R-VALUE THAN SHOWN ON THE CHART ABOVE. TEMPERATURE, HUMIDITY AND OTHER FACTORS AT THE TIME OF INSTALLATION ARE IMPORTANT IN THE PREVENTION OF SHRINKAGE. THIS INSULATION IS NOT RECOMMENDED FOR INSTALLATION IN ANY ATTIC OR ANY OTHER OPEN AREA.";
j. After the statements required by subsections (C) (3) (g) through (i) of this rule, the statement, "READ THIS CAREFULLY BEFORE BUYING. THE CHART ON THIS FACT SHEET SHOWS THE R-VALUE OF THIS INSULATION. A HIGHER R-VALUE NUMBER MEANS A GREATER RESISTANCE TO HEAT FLOW. THE AMOUNT OF INSULATION YOU NEED DEPENDS UPON THE CLIMATE IN WHICH YOU LIVE, YOUR LIVING HABITS, YOUR HEATING SYSTEM, YOUR THERMOSTAT SETTING, HOW WELL YOUR HOUSE IS WEATHER-PROOFED, AND OTHER FACTORS. INSULATION PLACED TOO NEAR ELECTRICAL HEAT SOURCES MAY CAUSE FIRE. FOLLOW INSTALLATION INSTRUCTIONS CAREFULLY TO AVOID EXCESS MOISTURE BUILD- UP. PROPER VENTILATION OF A HOME IS IMPORTANT FOLLOWING INSTALLATION OF THIS PRODUCT.";
k. After the information required by subsections (C) (3) (a) through (j) of this rule, the following information:
(i) If a full warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.A., 2301 et seq., is given, "THE MANUFACTURER WARRANTS THIS PRODUCT FULLY.";
(ii) If a limited warranty under the Magnuson-Moss Warranty Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C.A., 2301 et seq., is given, the statement, "THIS PRODUCT HAS A LIMITED WARRANTY. THE MANUFACTURER WARRANTS THIS PRODUCT SUBJECT TO CERTAIN CONDITIONS AND EXCEPTIONS. READ THE WARRANTY CAREFULLY.";
l. After the information required by subsections (C) (3) (a) through (k) of this rule, the full text of any warranty provided by the manufacturer;
4. Fail to provide to any supplier in sufficient quantity to insure distribution to each ultimate consumer who purchases the manufacturer's insulation, a form designated "CONSUMER INFORMATION CARD" for completion and placement by installers of the manufacturer's insulation as required by subsection (E)(3)(b) of this rule.
D. It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for any supplier to:
1. Fail to provide to another supplier who obtains insulation from him, any materials provided by a manufacturer pursuant to the requirements of subsections (C) (3) and (4) of this rule;
2. Fail to provide to a consumer prior to the consumer's purchase of insulation, the "MANUFACTURER'S INSULATION FACT SHEET" required by subsection (C) (3) of this rule;
3. Without the permission of the manufacturer, supply a consumer with any package of insulation the contents of which have been removed or altered.
E. It shall be an unfair or deceptive act or practice in connection with a consumer transaction involving insulation for an installer of insulation to:
1. Prior to the time of contracting, fail to provide the consumer with a written list containing the following information:
a. All warranties given by the installer, including any limitations thereon;
b. That subcontractors will be used by the installer if such is the case;
c. Whether the installer is insured under appropriate worker's compensation laws and against liability for damages;
d. Whether the installer has met all applicable licensing and/or bonding requirements pursuant to law;
2. At the time of contracting, fail to provide the consumer with a written contract containing the following information:
a. The installer's business name, address and telephone number;
b. The anticipated completion date of the contract;
c. The type and brand name of insulation to be installed;
d. The total number of square feet to be covered and the overall R-value after installation, the thickness in inches, and the number of packages to be used for each type of insulation to be installed;
e. The total contract price;
f. In twelve point type, the statement, "YOU HAVE SPECIFIC RIGHTS UNDER OHIO MECHANIC'S LIEN STATUTES. IF YOU HAVE ANY QUESTIONS CONCERNING THESE RIGHTS BEFORE, DURING OR AFTER INSTALLATION UNDER THIS CONTRACT, YOU ARE ADVISED TO CONSULT YOUR LAWYER."
g. The specific method of installation which will be used by the installer, including specific information about the work to be performed, materials to be used and any alteration of the consumer's property necessitated by installation;
h. The information required by subsection (E) (1) of this rule;
3. At the time of completion of installation, fail to:
a. To the extent that the supplier has affected the consumer's property, return the consumer's property to substantially the same condition in which it was found prior to installation;
b. Provide the consumer with the "CONSUMER INFORMATION CARD" required by subsection (C) (4) of this rule, to be placed by the installer conspicuously on or adjacent to the consumer's electric service panel, or in another location in the consumer's residence if required by Federal law, with notice of such placement to the consumer, stating the brand name and type of insulation installed, the parts of the house insulated, the R-value of insulation installed, the date of installation and the following information:
(i) For sprayed-in-place foam, the weight in pounds per cubic foot at which the foam was installed and the outside temperature at the time of installation;
(ii) For aluminum foil, the number and thickness of air spaces and the direction of heat flow;
(iii) For batts, blankets and loose-fill insulation, the number of packages used;
4. At any time, sell or provide to a consumer for any purpose other than installation by the installer any package of insulation not labeled according to the requirements of subsection (C)(2) of this rule.
F. Where testing under this rule requires the use of ASTM of comparable standards and testing methods, the standards and testing methods to be used shall be the latest generally accepted testing methods in the industry at the time that any such tests are conducted. Any applicable standard adopted by an agency of the Federal government shall be deemed for the purposes of this rule to be a comparable standard. In the event that a supplier elects to use any standard other than an ASTM standard or an adopted Federal standard, the supplier shall retain all data which tend to show that such standard is the latest generally accepted standard in the industry at the time any testing is conducted and that the testing was conducted in conformity with that standard.
G. Nothing in this rule shall be deemed to be in conflict with any Federal statutory or regulatory requirement, and all requirements of this rule are in addition to the requirements of any Federal statute or regulation either existing or to become effective at any future date. A supplier who provides any disclosures required by or under any Federal trade commission under the Federal Trade Commission Act, 38 Stat. 717 (1914),15 U.S.C.A. 41, as amended, which apply to the advertisement, sale or installation of insulation in connection with a consumer transaction, and which are substantially similar to the disclosures required by this rule, shall be deemed to comply with requirements of this rule with respect to form and language, including the disclosure requirements contained in subsections (B) (5) and (C) (2) and (3) of this rule, so long as the language mandated by such Federal law, trade regulation rule or guide provides at least equal information to the consumer.
H. Prior to May 1, 1979, a manufacturer shall provide either on a label or in a fact sheet, all information required by subsections (C) (1) and (2) of this rule, except that the disclosure required by subsection (C) (2) of this rule does not have to be provided in a fact sheet. After May 1, 1979, it shall be an unfair or deceptive act or practice in connection with a consumer transaction for a manufacturer of insulation to fail to label each package of insulation according to the requirements of subsections (C) (1) and (2) of this rule.
(1952 Code § 26-7-31; Ord. 146-79.)
109:4-3-15 Motor Vehicle Rust Inhibitors.
A. It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to represent that an item of goods or a service will prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle if that representation is false.
B. It shall be a deceptive act or practice in connection with a consumer transaction involving an item of goods or a service that a supplier represents will prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle for a supplier to use the term "rustproofing" in connection with the advertising, the promotion or sale of any such item of goods or a service unless the supplier guarantees that the item of goods or the service will prevent rust or corrosion and agrees in writing to indemnify a consumer who purchases such an item of goods or a service for the actual cost of repairing damage caused by rusting or corrosion of any part of a motor vehicle to which the item of goods or a service has been applied.
C. It shall be a deceptive act or practice in connection with a consumer transaction involving an item of goods or service that a supplier warrants to prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle for the supplier:
1. To fail to inform the consumer clearly and conspicuously in writing of all of the terms of any written warranty prior to the time when the consumer enters into a contract for the purchase of any such item of goods or a service;
2. To fail to honor a warranty claim of a consumer on the basis that the consumer delayed in reporting rust or corrosion to the supplier unless the supplier's time limitation for the presentation of claims is set forth clearly and conspicuously in writing in the warranty.
3. To fail to repair rust or corrosion damage on the basis that the supplier believes the damage has not become extensive enough to repair;
4. To fail to honor a warranty claim of a consumer on the basis that the item of goods or the service were provided improperly when the supplier has authorized the person who provided the item of goods or the service to the consumer to issue a warranty on behalf of the supplier;
5. To fail to honor an otherwise valid warranty claim on the basis that the cost of repairing an area damaged by rust or corrosion is excessive or unreasonable unless the warranty itself expressly reserves to the supplier the right to limit the supplier's obligation in this manner.
6. To refuse to replace rusted or corroded areas when the supplier's warranty obligates the supplier to make repairs to such areas and methods of repair other than replacement of the rusted or corroded area to substantially the same condition as it was in prior to being damaged by rust or corrosion;
7. To fail to honor a warranty claim on the basis that the supplier previously has allowed a different claim on the same warranty, unless a limitation on the number of claims is set forth clearly and conspicuously in writing in the warranty.
8. To fail to inspect a motor vehicle within thirty days of receiving a consumer's warranty claim for rust or corrosion damage, provided that the consumer makes the motor vehicle available for inspection within that period. Presentation of a claim to the supplier's authorized or franchised dealer or distributor shall constitute receipt by the supplier. The supplier shall provide for inspection of the motor vehicle at a place within the county where the consumer resides, or where the consumer purchased the supplier's goods or services.
9. To fail to notify a consumer in writing within ten business days of inspecting the consumer's motor vehicle for rust or corrosion damage whether the consumer's warranty claim will be allowed or denied. If a claim is denied, the specific reason for that denial shall be stated in writing. For purposes of this rule, notification is effective upon mailing the supplier's determination on the claim to the last address supplied to the supplier by the consumer or upon personal delivery to the consumer;
10. To fail to honor a warranty claim because the person who issued the warranty to the consumer on behalf of the supplier provided the consumer with an incorrect warranty;
11. Who applies the item of goods to any part of a consumer's automobile to fail to provide the consumer in advance of the application, with a written or pictorial description of the specific areas of the automobile to which the item of goods will be applied.
D. It shall be a deceptive act or practice in connection with a consumer transaction involving an item of goods or a service that is represented by a supplier to prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle for a supplier to misrepresent the cause or the origin of rust or corrosion of any part of a motor vehicle.
E. No provision in this rule shall be construed to annul, alter or limit the application of any provision of the "Motor Vehicle Repairs or Services" rule, 109:4-3-13 of this chapter or the Federal Trade Commission Improvements Act, 88 Stat. 2183, 15 U.S.C. 2301 et. seq., to any consumer transaction involving the advertising, promotion or sale of any goods or services represented to prevent, inhibit or retard rusting or corrosion of any part of a motor vehicle.
F. As used in this rule, "motor vehicle" shall have the same meaning as that term is defined in Ohio R.C. 4501.01 (B).
(Ord. 216-80)
(a) Pre-hearing Procedures.
(1) Whenever the Chief Inspector has reasonable cause to believe that a violation of this chapter exists or has occurred, he shall cause the Consumer Protection Agency to undertake an investigation of the alleged violation. If, after agency investigation, it appears to the Chief Inspector that there is, in fact, reasonable and probable cause to believe that a violation of this chapter exists or has occurred, the Chief Inspector may cause written notice thereof to be served upon the alleged violator, and by conference and consultation, endeavor to persuade the violator to take remedial action and to provide written assurance of future voluntary compliance with this chapter. If by conference and consultation, the Chief Inspector finds that there is no reasonable and probable cause to believe a violation of this chapter exists or has occurred, the Chief Inspector shall dismiss such written notice without prejudice to other civil and criminal actions.
(2) Any written notice served upon the alleged violator by the Chief Inspector to provide written assurance of voluntary compliance shall contain the following:
A. The identification of the parties;
B. That there is reasonable cause to believe that a violation of the Toledo Consumer Sales Practices Act exists or has occurred (attaching a copy of the section(s) involved);
C. The fact that the assurance of voluntary compliance shall not be considered as evidence of a violation of this chapter;
D. That failure to assure voluntary compliance may result in the agency instituting a cease and desist proceeding pursuant to this section;
E. That failure to achieve voluntary compliance shall be presumed if the signed written assurance of voluntary compliance has not been received by the Chief Inspector within two weeks of the date of service of the notice pursuant to Section 795.14, and that the Chief Inspector, for good cause shown, may extend this period of time for not more than thirty days;
F. That any alleged future violation of those provisions of this chapter which are contained in this written assurance of voluntary compliance shall be considered noncompliance with the conference and consultation provisions of this chapter and the Chief Inspector, after agency investigation, may immediately commence a cease and desist proceeding, pursuant to the following provisions of this section.
(b) Hearing Procedures.
(1) If the alleged violator fails to provide written assurance of voluntary compliance within the period stated in subsection (a) (2) E. or F. hereof, the Chief Inspector may prepare and issue a cease and desist complaint which shall include a short and simple statement of the essential facts of the case and a statement of the provisions of this chapter violated.
(2) The Chief Inspector shall set the case for hearing before a Hearing Officer hired by the Mayor specifically for such purpose under an independent contract. The Hearing Officer shall be an individual admitted to the bar by order of the Supreme Court of Ohio. Such hearing shall be held in a timely manner, but no sooner than fourteen days from the service of notice of such hearing upon the supplier, in accordance with the procedures set forth in Section 795.14. A copy of the cease and desist complaint, together with any consumer complaint involved, shall accompany the notice of the hearing. Such notice shall include:
A. The date, time and place of the hearing.
B. The supplier's right to legal counsel.
C. The supplier's right to present evidence, as provided in paragraph (3) hereof, and advice that the Chief Inspector is empowered to issue subpoenas for witnesses and relevant evidence upon written request of the supplier.
D. The supplier, in writing, may request of the Chief Inspector, not less than seven working days before the hearing, a summary of the facts, names of witnesses and evidence to be presented by the agency, which shall be provided not less than four days before the hearing.
E. Advice that copies of the Toledo Consumer Sales Practices Act and agency regulations may be inspected at the agency during regular business hours.
F. Advice that failure to appear at the hearing may cause a cease and desist order to be issued.
G. A description of any information or documents requested by the agency or subpoenaed by the Chief Inspector which the supplier is to bring with him to the hearing.
H. Advice that the Hearing Officer may, for good cause shown, grant a continuance of the hearing date upon request of the supplier or the Chief Inspector, for not more than thirty days.
(3) If the supplier desires to offer evidence at such hearing, a written notice thereof must be received by the Chief Inspector not less than two working days before the hearing, setting forth a summary of the facts, names of witnesses and evidence to be presented.
(4) If the supplier has been duly notified and fails to appear, personally or by counsel, for the hearing, the Hearing Officer shall proceed to hear the complaint on the evidence adduced.
(5) The Hearing Officer shall conduct the hearing in accordance with the laws of Ohio, but the hearing shall not be governed by formal rules of evidence. All parties shall have the right to cross-examine all witnesses who testify at the hearing. All hearings shall be recorded by use of any adequate mechanical or electronic recording device. Any supplier appealing the decision of the Hearing Officer may review any such record of the proceedings. Suppliers may, additionally, provide official court reports at their own expense, and any party may review any such record of the proceedings.
(6) The Hearing Officer shall:
A. Identify for the record all parties.
B. Determine that the supplier has been duly served with notice of the hearing and a copy of the cease and desist complaint, and that voluntary compliance was not obtained.
C. Advise all unrepresented parties of the right to counsel.
D. Administer an oath to all witnesses, pursuant to Section 795.08 (i).
E. Upon request of any party, separate witnesses.
(7) The agency shall have the burden of proving, by a preponderance of the evidence, that a violation of this chapter exists or has occurred. The Chief Inspector or his representative shall present evidence in support of the cease and desist complaint. The supplier or his counsel may cross-examine any witness regarding his testimony.
(8) The supplier may present evidence, including the testimony of witnesses, if notice thereof has been duly received, pursuant to paragraph (3) hereof. The Chief Inspector or his representative shall have the right to cross-examine the supplier and other witnesses testifying in the supplier's behalf.
(9) If, at the close of the evidence, or after a reasonable time for deliberation, the Hearing Officer finds upon the evidence adduced on the whole record:
A. That the agency has not shown by a preponderance of substantial, reliable and probative evidence that a violation exists or has occurred, then he shall dismiss the cease and desist complaint, without prejudice to other civil and criminal actions;
B. That the agency has shown by a preponderance of substantial, reliable and probative evidence that a violation exists or has occurred, then he shall prepare a decision, stating separately his findings of fact and conclusions of law and shall recommend that the Chief Inspector prepare a cease and desist order in accordance therewith. The order shall be issued by the Chief Inspector forthwith, and shall be served upon the supplier as provided for in Section 795.14, together with a copy of the decision, and upon any attorney of record.
(10) The cease and desist order shall contain the following:
A. The basis of jurisdiction;
B. A statement that voluntary compliance was not obtained;
C. The specific activities found by the Hearing Officer to be in violation of this chapter;
D. The nature of the penalties which may be imposed for the violation of the cease and desist order;
E. Other terms and conditions the Hearing Officer may deem appropriate to achieve the purpose of this chapter and the cease and desist order;
F. Advice of the supplier's right to appeal the issuance of the cease and desist order, and the fact that the cease and desist order becomes final and enforceable ten days after the issuance of such order, unless a stay is perfected pending appeal, pursuant to Ohio R.C. Chapter 2505;
G. Advice of the supplier's right to seek a stay of the cease and desist order pursuant to paragraph (11) hereof.
(11) The Chief Inspector may grant a stay of any cease and desist order issued pursuant to this section, for good cause shown, for not more than thirty days, provided the supplier does not appeal the order.
(12) If no stay is granted and if no appeal is taken pursuant to Ohio R.C. Chapter 2505, then the order shall become final and be enforced according to its terms by the Chief Inspector.
(1952 Code § 26-7-32; Ord. 316-78)
(a) There is hereby created an Advisory Board on Consumer Affairs, which shall be appointed by the Director of Community Development upon the recommendation of the Chief Inspector and with the approval of the Mayor, to act in an advisory capacity on consumer protection.
(b) The Advisory Board shall consist of not less than seven members, who shall be residents of the City and shall have the following qualifications, in addition to an adequate background in fields relating to consumer protection problems:
(1) At least one member shall be an attorney.
(2) At least one member shall be an accountant or a person holding an advanced degree in economics.
(3) At least one member shall have had at least five years' business or administrative experience in the ownership or management of a commercial enterprise, or hold an advanced degree in business administration.
(4) At least two members shall be active in consumer affairs.
(5) At least two members shall be representatives of the general public.
(c) The members of the Advisory Board shall serve without compensation and shall not have a substantial ownership interest in any business subject to regulations by this chapter. The first three members appointed shall continue in office for terms of three years, the next two members for terms of two years, the next two for terms of one year, respectively, and all other members in excess of seven shall serve for an initial term of one year, but all successors shall be appointed for terms of three years. Provided, however, that upon the expiration of his term a member shall continue to serve until his successor has been appointed.
(d) The Advisory Board shall elect its own chairman annually, and the Chief Inspector shall serve as secretary and provide such other administrative services as may be necessary. Any member of the Board may be removed by the Director upon a showing of inefficiency, neglect of duty or malfeasance. The nonattendance at three consecutive Board meetings without good cause shall be presumed to be such neglect of duty as to warrant removal. Meetings of the Board shall be held at least once each calendar quarter at a time and place to be designated by the chairman. The Chief Inspector shall give a report of his operations at such meeting.
(e) The duty of the Advisory Board shall be to consult with and advise the Chief Inspector, but not to direct his conduct of the consumer protection program of the City. The Advisory Board may make such recommendations as to operations of the consumer protection program and amendment of or additions to substantive ordinances and regulations of the City as it deems appropriate in writing, and a copy thereof shall be forwarded to the Mayor, Clerk of Council. Recommendations as to amendment of or additions to ordinances or regulations shall be forwarded to the chairman of the Consumer Protection Committee of Council for consideration by that Committee. The Advisory Board shall prepare and adopt its own regulations and procedures which shall be approved by the Department of Law and shall be effective thirty days after publication in the Toledo City Journal.
(f) The Advisory Board at the request of the Chief Inspector, upon the petition of ten or more consumers or upon its own initiative shall recommend to the Director of Community Development or to Council for passage rules, regulations and ordinances declaring specific practices in consumer transactions to be unconscionable and prohibiting the use thereof. In recommending such action, the Board shall consider among other things:
(1) The degree to which the practice unfairly takes advantage of the lack of knowledge, ability, experience or capacity of consumers;
(2) Knowledge by those engaging in the practices of the inability of consumers to receive benefits properly anticipated from the goods or services involved;
(3) Gross disparity between the price of goods or services and their value as measured by the price at which similar goods or services are readily obtainable by other consumers or by other tests of true value;
(4) The fact that the practice may enable suppliers to take advantage of the inability of consumers reasonably to protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education or similar factors;
(5) The degree to which terms of the transaction require consumers to jeopardize money or property beyond the money or property immediately at issue in the transaction;
(6) The degree to which the natural effect of the practice is to cause or aid in causing consumers to misunderstand the true nature of the transaction or their rights and duties thereunder;
(7) The extent or degree to which the writing purporting to evidence the obligation of the consumer in the transaction contains terms or provisions or authorizes practices prohibited by law; and
(8) Definitions of unconscionability in statutes, regulations, rulings and decisions of legislative, administrative or judicial bodies in this State or elsewhere.
(g) All meetings of the Advisory Board shall be open to the public, and the Advisory Board may conduct such public hearings as it deems appropriate dealing with all matters involving consumer protection.
(h) The Chief Inspector may call public meetings of the Advisory Board for the consideration of the affairs of his Division, and the Chief Inspector shall be chairman of such meetings.
(i) All evidence adduced at any public hearings shall be under oath administered by the chairman of the hearing, and a record of all hearings shall be maintained.
(1952 Code § 26-7-40)
No person shall misrepresent the mileage of a motor vehicle so as to show a lesser mileage reading than recorded by the instrument, or when the vehicle is in use, by disconnecting the odometer or by interfering with its normal operation in any other way; provided, however, that this shall not be construed to prevent the service, repair or replacement of an odometer which by reason of normal wear, use or through damage requires service, repair or replacement.
(1952 Code § 26-7-50)
(1) "Consumer transaction" means a sale, lease, assignment, award by chance or other transfer of an item of goods, a service, franchise or an intangible to an individual for purposes that are primarily personal, family or household or solicitation to supply any of these things.
(2) "Claim" means any obligation or alleged obligation arising from a consumer transaction.
(3) "Debt collection" means any action or conduct in connection with the collection of claims that are owed or due to a supplier by a consumer.
(4) "Debt collector" means any person, business organization or corporation engaging in debt collection.
(1952 Code § 26-7-70)
In the course of engaging in debt collection, a debt collector shall not:
(a) Threaten physical violence to the person or property of another;
(b) Falsely, wrongfully or maliciously accuse any person of fraud or crime, or threaten to cause the arrest of any person when no such right exists;
(c) Threaten to enforce a substantive or remedial right with knowledge that the right does not exist;
(d) Communicate with the debtor or person related to him with such frequency or at extremely inconvenient hours or in such a manner as can reasonably be expected to abuse or harass him;
(e) Make, or threaten to make, false accusations to another person, including any credit reporting agency, that a consumer is willfully refusing to pay a bona fide debt when the debt collector has knowledge of any defense to the claim;
(f) Communicate or threaten to communicate with a person's employer with respect to a delinquent indebtedness, other than for the sole purposes of verifying that person's employment, income, pay period or home address, except that communication is not prohibited when such person works for an employer which by law exempts his wages from garnishment. Nothing herein shall prohibit a debt collector from answering questions asked of the debt collector expressly and without solicitation by the consumer's employer, or from communication without any restrictions with employers after judgment. This subsection shall not apply to any person whose primary activity is the gathering of information, who does not directly collect debts and who is not an employee of one who collects debts;
(g) Use or distribute for sale any written communication which is falsely represented to be a document authorized, issued or approved by a court, a public official or any other legally constituted or authorized authority, or which would appear to be such to a person of ordinary intelligence;
(h) Make any false representation or implication that any debt collector is vouched for, bonded by or affiliated with any person, or an instrumentality, agent or official of this City or State or any agency of the Federal, State or local government;
(i) Disclose, publish or communicate information relating to a consumer's indebtedness other than the mere existence of a debt to any relative or family member of the consumer other than a person having a lawful obligation to pay the debt, except through proper legal action or process or at the express and unsolicited request of the relative or family member. Nothing herein shall prohibit a debt collector from answering questions asked of him expressly and without solicitation by the relative or family member or from communication with any person present in the household of the consumer;
(j) Cause expense to any person in the form of long distance telephone tolls, telegram fees or other charges incurred by a medium of communication by concealment of the true purpose of the notice, letter, message or communication, provided that the total expense is less than one hundred fifty dollars ($150.00);
(k) Disclose, publish or communicate any information relating to a consumer's indebtedness to any other person (except credit reporting agencies and their customers, check services and their customers, credit card service companies and their customers, trade association members and internally within a corporation, its affiliates and subsidiaries) by general publication or posting any list of consumers, commonly known as "deadbeat lists" unless such information is a matter of public record, or in any other manner other than through proper legal action, process or proceeding;
(l) Represent that an existing obligation of the consumer may be increased by the addition of attorney's fees, court costs, interest, investigation fees, service fees or any other fees or charges when in fact, such fees or charges may not legally be added to the existing obligation, or unless a court has actually added such fees or charges in a final judgment;
(m) Seek or obtain any written statement or acknowledgement in any form containing an affirmation of any obligation by a consumer who has been declared bankrupt, without clearly disclosing both orally and in writing the nature and consequences of such affirmation and the fact that the consumer is not legally obligated to make such affirmation;
Nothing in this section shall deprive any person from making a complaint of a violation of any State or Federal law, or prohibit the Chief Inspector from referring complaints to the appropriate licensing authority or regulatory agency.
(1952 Code § 26-7-71)
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