reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1343 | Interest › Section 1343.02 | Written Stipulations for Payment of Interest.

Effective:
July 1, 1962
Latest Legislation:
Senate Bill 5 - 104th General Assembly
Upon all judgments, decrees, or orders, rendered on any bond, bill, note, or other instrument of writing containing stipulations for the payment of interest in accordance with section 1343.01 of the Revised Code, interest shall be computed until payment is made at the rate specified in such instrument.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1343 | Interest › Section 1343.031 | Maximum Interest Charged Person on Active Duty - Notice to Creditor - Relief.

Effective:
May 18, 2005
Latest Legislation:
House Bill 426 - 125th General Assembly
(A) As used in this section:
(1) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of the congress of the United States, or section 5919.29 or 5923.21 of the Revised Code.
(2) "Obligation" means any retail installment sales contract, other contract for the purchase of goods or services, or bond, bill, note, or other instrument of writing for the payment of money arising out of a contract or other transaction for the purchase of goods or services.
(B) Notwithstanding any contrary provision of the Revised Code, no creditor in connection with an obligation entered into on or after the effective date of this section shall charge or collect from a person, or spouse of a person, who is deployed on active duty interest or finance charges exceeding six per cent per annum during the period that the person is deployed on active duty.
(C) Notwithstanding any contrary provision of the Revised Code, interest or finance charges in excess of six per cent per annum that otherwise would be incurred but for the prohibition in division (B) of this section are forgiven.
(D) The amount of any periodic payment due from a person, or spouse of a person, who is deployed on active duty under the terms of the obligation shall be reduced by the amount of the interest and finance charges forgiven under division (C) of this section that is allocable to the period for which the periodic payment is made.
(E) In order for an obligation to be subject to the interest and finance charges limitation of this section, the person, or spouse of the person, deployed on active duty shall provide the creditor with written notice of and a copy of the military or gubernatorial orders calling the person to active duty and of any orders further extending active duty, not later than one hundred eighty days after the date of the person's termination of or release from active duty.
(F) Upon receipt of the written notice and a copy of the orders referred to in division (E) of this section, the creditor shall treat the obligation in accordance with division (B) of this section, effective as of the date on which the person is deployed to active duty.
(G) A court may grant a creditor relief from the interest and finance charges limitation of this section, if, in the opinion of the court, the ability of the person, or spouse of the person, deployed on active duty to pay interest or finance charges with respect to the obligation at a rate in excess of six per cent per annum is not materially affected by reason of the person's deployment on active duty.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1343 | Interest › Section 1343.04 | Usurious Interest.

Effective:
July 1, 1962
Latest Legislation:
Senate Bill 5 - 104th General Assembly
Payments of money or property made by way of usurious interest, whether made in advance or not, as to the excess of interest above the rate allowed by law at the time of making the contract, shall be taken to be payments made on account of principal; and judgment shall be rendered for no more than the balance found due, after deducting the excess of interest so paid.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1343 | Interest › Section 1343.05 | Bona Fide Indorsee of Negotiable Paper Purchased Before Due.

Effective:
July 1, 1962
Latest Legislation:
Senate Bill 5 - 104th General Assembly
No debtor is deemed a particeps criminis on account of having paid, or agreeing to pay, the exorbitant interest mentioned in section 1343.04 of the Revised Code, but he shall have like remedy and relief in either case. No bona fide indorsee of negotiable paper purchased before due, shall be affected by any usury exacted by any former holder of such paper, unless he has actual notice of the usury previous to his purchase. In such cases, the amount of such excess, if incorporated into negotiable paper, after payment, may be recovered back, by action against the party who originally exacted the usuary.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.021 | Ethanol Blended or Mixed Into Gasoline.

Effective:
March 21, 2002
Latest Legislation:
Senate Bill 144 - 124th General Assembly
(A) As used in this section, "retail dealer" means a person who owns, operates, controls, or supervises an establishment at which gasoline is sold or offered for sale to the public.
(B) When ethanol is blended or mixed into gasoline that is sold or offered for sale to the public, it is not an unfair or deceptive act or practice in connection with a consumer transaction for a retail dealer to fail to disclose either of the following:
(1) The fact that the gasoline contains ethanol;
(2) The percentage of ethanol that is contained in the gasoline.
(C) If a retail dealer elects to disclose any of the information specified in division (B) of this section, the dealer may make that disclosure in any form, using any type of sign or label and any size or style of letters, at the retail dealer's discretion.
(D) A retail dealer shall not be required to disclose the fact that gasoline contains ethanol and shall not be required to disclose the percentage of ethanol in the gasoline by any law, rule, resolution, or ordinance of any agency or department of the state or any political subdivision of the state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.022 | Installation of Unsafe Used Tires.

Effective:
April 15, 2021
Latest Legislation:
House Bill 295 - 133rd General Assembly
(A) As used in this section:
(1) "Passenger car" has the same meaning as in section 4513.021 of the Revised Code.
(2) "Unsafe used tire" means a used tire to which any of the following criteria applies:
(a) The tire is worn to two thirty-seconds of an inch tread depth or less on any area of the tread.
(b) The tire has any damage exposing the reinforcing plies of the tire, including cuts, cracks, punctures, scrapes, or wear.
(c) The tire has any repair in the tread shoulder or belt edge area.
(d) The tire has a puncture that has not been both sealed or patched on the inside and repaired with a cured rubber stem through the outside.
(e) The tire has repair to the sidewall or bead area of the tire.
(f) The tire has a puncture repair of damage larger than one-fourth of an inch.
(g) The tire shows evidence of prior use of a temporary tire sealant without evidence of a subsequent proper repair.
(h) The tire has a defaced or removed United States department of transportation tire identification number.
(i) The tire has any inner liner damage or bead damage.
(j) There is indication of internal separation, such as bulges or local areas of irregular tread wear indicating possible tread or belt separation.
(B)(1) No supplier shall install an unsafe used tire on a passenger car designed primarily for carrying passengers that will operate on a public highway.
(2) A violation of division (B)(1) of this section shall be considered an unconscionable consumer sales act or practice under section 1345.03 of the Revised Code.
(C) This section shall not apply to tires mounted on wheels or rims that are temporarily removed from a vehicle and reinstalled on the same vehicle.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.03 | Unconscionable Consumer Sales Acts or Practices.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
(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 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 the consumer's interests because of the consumer's 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 the consumer's 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.
(C) This section does not apply to a consumer transaction in connection with the origination of a residential mortgage.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.04 | Jurisdiction.

Effective:
July 14, 1972
Latest Legislation:
House Bill 103 - 109th General Assembly
The courts of common pleas, and municipal or county courts within their respective monetary jurisdiction, have jurisdiction over any supplier with respect to any act or practice in this state covered by sections 1345.01 to 1345.13 of the Revised Code, or with respect to any claim arising from a consumer transaction subject to such sections.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.08 | Attorney General to Coordinate With Other Administrative Agency.

Effective:
July 1, 1983
Latest Legislation:
House Bill 291 - 115th General Assembly
If the attorney general receives a complaint or other information concerning noncompliance with Chapter 1345. of the Revised Code, by a supplier subject to other administrative supervision in this state, he shall immediately give written notice of the substance of the complaint or other information to the official or agency having supervisory authority over the supplier. The attorney general may request information about suppliers subject to other administrative supervision from the agencies or official supervising them.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.091 | Claim or Defense Against Assignee of Loan.

Effective:
January 1, 2007
Latest Legislation:
Senate Bill 185 - 126th General Assembly
No claim or defense under this chapter may be asserted by the attorney general or any consumer against an assignee or purchaser of a mortgage loan for value unless any one of the following applies:
(A) The violation was committed by the assignee or purchaser.
(B) The assignee or purchaser is affiliated by common control with the seller of the loan at the time of such assignment or purchase.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.10 | Final Judgment Admissible as Prima Facie Evidence.

Effective:
July 14, 1972
Latest Legislation:
House Bill 103 - 109th General Assembly
(A) With the exception of consent judgments entered before any testimony is taken, a final judgment against a supplier under section 1345.07 of the Revised Code is admissible as prima-facie evidence of the facts on which it is based in subsequent proceedings under section 1345.09 of the Revised Code against the same supplier, or his successors or assigns.
(B) An action by or on behalf of a consumer pursuant to section 1345.09 of the Revised Code precludes that consumer from being included in a later class action by the attorney general with respect to the same transaction, but intervention by the attorney general in a pending action is authorized. If the attorney general brings a class action on behalf of consumers, a consumer may withdraw from the class action prior to trial, or, with the permission of the court, at any time.
(C) An action under sections 1345.01 to 1345.13 of the Revised Code may not be brought more than two years after the occurrence of the violation which is the subject of suit, or more than one year after the termination of proceedings by the attorney general with respect to the violation, whichever is later. However, an action under sections 1345.01 to 1345.13 of the Revised Code arising out of the same consumer transaction can be used as a counterclaim whenever a supplier sues a consumer on an obligation arising from the consumer transaction.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.12 | Applicability of Chapter - Exceptions.

Effective:
August 11, 1978
Latest Legislation:
House Bill 681 - 112th General Assembly
Sections 1345.01 to 1345.13 of the Revised Code do not apply to:
(A) An act or practice required or specifically permitted by or under federal law, or by or under other sections of the Revised Code, except as provided in division (B) of section 1345.11 of the Revised Code;
(B) A publisher, broadcaster, printer, or other person engaged in the dissemination of information or the reproduction of printed or pictorial matter insofar as the information or matter has been disseminated or reproduced on behalf of others without knowledge that it violated sections 1345.01 to 1345.13 of the Revised Code;
(C) Claims for personal injury or death.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.13 | Remedies in Addition to Other Remedies.

Effective:
July 14, 1972
Latest Legislation:
House Bill 103 - 109th General Assembly
The remedies in sections 1345.01 to 1345.13 of the Revised Code, are in addition to remedies otherwise available for the same conduct under state or local law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.19 | Jurisdiction.

Effective:
May 17, 2000
Latest Legislation:
House Bill 177 - 123rd General Assembly
(A) The courts of common pleas, and municipal or county courts within their respective jurisdictions, have jurisdiction over any supplier with respect to a violation of section 1345.18 of the Revised Code or any claim arising from a consumer transaction subject to that section.
(B) The power, remedies, forfeitures, and penalties provided by sections 1345.18 to 1345.20 and division (C) of section 1345.99 of the Revised Code are in addition to any other power, remedy, forfeiture, or penalty provided by law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.24 | Retaining Notice of Cancellation.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
In a home solicitation sale, the seller shall retain, for the period in which an action to enforce the sale could be commenced, any notice of cancellation made pursuant to section 1345.22 of the Revised Code. The seller shall also retain any envelope in which a notice of cancellation is sent or delivered. If the date of delivery is not indicated or recorded on the notice of cancellation or on the envelope, the seller shall record the date of delivery on the notice of cancellation.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.25 | Presumption.

Effective:
January 1, 1973
Latest Legislation:
Senate Bill 24 - 109th General Assembly
Where a sale is made pursuant to negotiations that occur at a place other than the seller's fixed location business establishment where goods or services are offered or exhibited for sale, but the agreement or offer to purchase is signed at a seller's fixed location business establishment, a presumption arises that the sale was a home solicitation sale.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.26 | Right of Buyer After Cancellation.

Effective:
September 20, 1974
Latest Legislation:
House Bill 241 - 110th General Assembly
If, following the cancellation of a home solicitation sale by the buyer, the seller fails to return any goods traded in by the buyer, the buyer may elect to recover an amount equal to the trade-in allowance stated in the agreement. Until division (D) (4) of section 1345.23 of the Revised Code has been complied with by the seller, the buyer may retain possession of the goods delivered to him by the seller and has a lien on the goods in his possession or control for any recovery to which he is entitled.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.27 | Right of Seller After Cancellation.

Effective:
September 30, 1974
Latest Legislation:
House Bill 241 - 110th General Assembly
Except as provided in section 1345.26 of the Revised Code, within a reasonable time after a home solicitation sale has been cancelled or an offer to purchase has been revoked, the buyer upon demand must make available to the seller any goods delivered by the seller pursuant to the sale. The goods made available shall not have been diminished in quantity nor subjected to unreasonable wear or use. The buyer is not obligated to make the goods available at any place other than his residence. If the buyer does make the goods available to the seller and the seller fails to pick them up within twenty days of the buyer's notice of cancellation the goods become the property of the buyer without obligation to pay for them. The buyer has the duty to take reasonable care of the goods in his possession before cancellation and twenty days thereafter, during which time the goods are otherwise at the seller's risk.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.28 | Deceptive Acts or Practices.

Effective:
September 30, 1974
Latest Legislation:
House Bill 241 - 110th General Assembly
Failure to comply with sections 1345.21 to 1345.27 of the Revised Code constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.31 | Failing to Comply With Refund Obligations.

Effective:
October 31, 1996
Latest Legislation:
House Bill 39 - 121st General Assembly
The failure of a hearing aid dealer, hearing aid fitter, physician, or audiologist to comply with section 1345.30 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code. All powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code as regards an unfair or deceptive act or practice are available to the attorney general to enforce section 1345.30 of the Revised Code, and all remedies available to consumers under section 1345.09 of the Revised Code to remedy violations of section 1345.02 of the Revised Code are available to consumers to remedy failure to comply with section 1345.30 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.41 | Prepaid Entertainment Contract Definitions.

Effective:
September 22, 1976
Latest Legislation:
Senate Bill 157 - 111th General Assembly
As used in sections 1345.41 to 1345.50 of the Revised Code:
(A) "Prepaid entertainment contract" means a contract under which the buyer of a service pays for or becomes obligated to pay for service prior to the buyer's receipt of or enjoyment of any or all of the service and that is a contract for:
(1) Dance studio lessons, which include related services and instruction in ballroom or other types of dancing, and lessons whether given to students individually or in groups;
(2) Social referral service, which includes any service that, for a fee, provides matching of members of the opposite sex, by any means, for purposes of introduction, dating, or general social contacts;
(3) Martial arts training, whether or not the training will lead to a specific degree of expertise;
(4) Health spa service, which includes contracts for instruction, training, or assistance in physical culture, body-building, exercising, reducing, figure development, or any other similar activity or for the use of the facilities of a health spa, gymnasium, or other facility used for any purpose described in this division, or for membership in any group, club, association, or organization formed for any purpose described in this division.
"Prepaid entertainment contracts" do not include contracts for services rendered by any public or private nonprofit school, college, or university; by the state or any of its political subdivisions; or by any nonprofit religious, ethnic, or community organization.
(B) "Purchase price" means the total cumulative price of a prepaid entertainment service, whether under single or multiple contracts, including all interest and service charges.
(C) "Business day" means any calendar day except Sunday, or a legal holiday as defined in section 1.14 of the Revised Code.
(D) "First service" means the first service rendered to the buyer under a prepaid entertainment contract that is typical of the type of service rendered throughout the course of the contract and that is not a special or an introductory service.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.421 | Surety Bond Where Facility Under Construction and Not Available for Service at Time Buyer Signs Contract.

Effective:
July 26, 1984
Latest Legislation:
House Bill 198 - 115th General Assembly
If the facility that is the subject of the contract is under construction, and is not available for service at the time the buyer signs the contract, the seller shall maintain a surety bond issued by a surety company authorized to do business in this state the principal sum of which shall be a minimum of ten thousand dollars. The seller is relieved from the obligation to maintain the bond twenty-four months after completion of the facility and commencement of service. The bond shall be in favor of the state of Ohio for the benefit of any person injured by having paid moneys for the use of a facility which fails to open within one hundred eighty days after the date upon which the buyer and seller entered into a contract, or closes within twenty-four months after completion of a facility and commencement of service. However, the aggregate liability of the surety to all persons for all breaches of the conditions of the bond provided herein shall in no event exceed the amount of the bond. Evidence of the bond shall be available for inspection upon request by the office of the attorney general, current contract holders, or prospective buyers.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.43 | Right of Buyer to Cancel.

Effective:
April 6, 2017
Latest Legislation:
Senate Bill 227 - 131st General Assembly
In addition to any right otherwise to revoke an offer or to terminate or cancel a sale or contract, the buyer has the right to cancel a prepaid entertainment contract until midnight of the third business day after the date on which the first service under the contract is available, and if the facility or service that is the subject of the contract is not available at the time that the buyer signs the contract, the buyer has until midnight of the seventh business day after the date on which the first service under the contract is available to cancel the contract. Cancellation is evidenced by the buyer giving written notice of cancellation to the seller at the address of any facility available for use by the buyer under the contract, the seller's electronic mail address, or the seller's facsimile number. The buyer shall deliver the notice by manual delivery, personal delivery, or by certified mail delivery, return receipt requested, electronic mail, or facsimile transmission. Notice of cancellation by certified mail delivery shall be effective upon the date of post marking. Electronic mail delivery is effective when the electronic mail is sent to the seller's electronic mail address. Facsimile delivery is effective when the facsimile is sent to the seller's facsimile number and the consumer has received confirmation of the facsimile transmission. Manual delivery or personal delivery is effective when delivered to the seller or to the seller's address, whichever comes first. Notice of cancellation need not take a particular form and is sufficient if it indicates, by any form of written expression, the intention of the buyer not to be bound by the contract. Notice of the buyer's right to cancel must appear on all notes or other evidence of indebtedness given pursuant to any prepaid entertainment contract.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.45 | Retaining Notice of Cancellation.

Effective:
July 26, 1984
Latest Legislation:
House Bill 198 - 115th General Assembly
If a buyer cancels a prepaid entertainment contract pursuant to sections 1345.41 to 1345.50 of the Revised Code, the seller shall retain for the period in which an action to enforce the contract could be commenced, the notice of cancellation made pursuant to section 1345.43 of the Revised Code. If the date of delivery is not indicated or recorded on the notice of cancellation, the seller shall record the date of delivery on the notice of cancellation.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.46 | Buyer to Deliver Goods or Evidence of Membership to Seller After Cancellation.

Effective:
July 26, 1984
Latest Legislation:
House Bill 198 - 115th General Assembly
Within twenty days after a prepaid entertainment contract has been canceled pursuant to sections 1345.41 to 1345.50 of the Revised Code, the buyer upon demand must deliver to the seller any evidence of membership or other goods provided to the buyer by the seller pursuant to the contract. The buyer may deliver evidence of membership or other goods provided under the contract by certified mail, manual delivery, or other personal delivery. The goods shall not be diminished in quantity nor subjected to unreasonable wear or use. If the seller fails to demand possession of the goods within twenty days of the buyer's notice of cancellation, the goods become the property of the buyer without obligation to pay for them. The buyer has the duty to take reasonable care of the goods in his possession before cancellation and twenty days thereafter, during which time the goods are otherwise at the seller's risk.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.47 | Defenses of Buyer Against Holder in Due Course.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
Notwithstanding section 1303.35 of the Revised Code, a buyer who executes a prepaid entertainment contract or a note in connection with such a contract may assert as a defense to a claim by a holder in due course, as defined in section 1303.32 of the Revised Code, any defense that the buyer may assert against the seller of the prepaid entertainment contract.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.48 | Deceptive Acts or Practices - Damages.

Effective:
September 22, 1976
Latest Legislation:
Senate Bill 157 - 111th General Assembly
(A) Failure to comply with sections 1345.41 to 1345.50 of the Revised Code constitutes a deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code.
(B) If the seller of a prepaid entertainment contract fails to comply with division (D) (4) (a) of section 1345.44 of the Revised Code, the buyer may recover the amount of money due to him under that section and, in addition, may recover damages in an amount equal to the amount of money due to him and reasonable attorney's fees.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.49 | Buyer's Waiver Void.

Effective:
September 22, 1976
Latest Legislation:
Senate Bill 157 - 111th General Assembly
Any waiver by the buyer of the provisions of sections 1345.41 to 1345.50 of the Revised Code is contrary to public policy and is void.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.50 | Remedies.

Effective:
September 22, 1976
Latest Legislation:
Senate Bill 157 - 111th General Assembly
The remedies provided in sections 1345.41 to 1345.50 of the Revised Code are in addition to remedies otherwise available under state or local law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.51 | Consumer Protection Enforcement Fund.

Effective:
September 30, 2011
Latest Legislation:
Senate Bill 84 - 129th General Assembly
There is hereby created in the state treasury the consumer protection enforcement fund. The fund shall include civil penalties ordered pursuant to divisions (A) and (D) of section 1345.07 of the Revised Code and paid as provided in division (G) of that section, all civil penalties assessed under division (A) of section 1349.192 of the Revised Code, all costs awarded to the attorney general and all penalties imposed under section 4549.48 of the Revised Code, and all money unclaimed under section 4549.50 of the Revised Code. The money in the consumer protection enforcement fund shall be used for the sole purpose of paying expenses incurred by the consumer protection section of the office of the attorney general.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.52 | Title Defect Recision Fund.

Effective:
March 23, 2015
Latest Legislation:
House Bill 318 - 130th General Assembly
There is hereby created in the state treasury the title defect recision fund. The fund shall consist of money collected under section 4505.09 of the Revised Code when a motor vehicle dealer is issued a certificate of title, money collected under section 4517.10 of the Revised Code when the registrar of motor vehicles grants the initial application of a person for a license as a motor vehicle dealer or motor vehicle leasing dealer, money collected under division (L) of section 4517.22 of the Revised Code, money paid to the attorney general by motor vehicle dealers under division (A)(2) of section 4505.181 of the Revised Code for deposit into the fund, the proceeds of all sales conducted and collections obtained by the attorney general under division (E) of that section, and any recoveries to the fund obtained by the attorney general in actions filed under section 1345.07 of the Revised Code for violations of section 4505.181 of the Revised Code.
Money in the fund shall be used solely for maintaining and administering the fund, providing restitution or other remedies pursuant to division (E)(1) or (F) of section 4505.181 of the Revised Code to retail purchasers of motor vehicles who suffer damages due to failure of a motor vehicle dealer or person acting on behalf of such a dealer to comply with that section, and pursuit of deficiencies in the fund caused by the failure of motor vehicle dealers to comply with divisions (A), (B), and (G) of that section. The attorney general may adopt rules governing the maintenance and administration of the fund.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.61 | Invention Development Services Definitions.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
As used in sections 1345.61 to 1345.68 of the Revised Code:
(A) "Contract for invention development services" means a contract by which an invention developer undertakes invention development services for a customer.
(B) "Customer" means any person who enters into a contract for invention development services regarding an invention, except any person, other than an individual, who purchases invention development services as an adjunct to the traditional commercial enterprises in which it engages as a livelihood. "Customer" does not include a corporation.
(C) "Invention development services" means any act, including the evaluation, perfecting, marketing, brokering, or promoting of an invention, that is done by or for an invention developer in connection with the procurement or attempted procurement by the invention developer of a licensee or buyer of an intellectual property right in the invention.
(D) "Invention developer" means any person who offers to perform or performs for a customer any invention development services. "Invention developer" does not include any of the following:
(1) Any department or agency of the federal, state, or a local government;
(2) Any nonprofit, charitable, scientific, or educational organization that is tax exempt under section 501(a) and described in section 501(c)(3), or described in section 170(b)(1)(A), of the "Internal Revenue Code of 1954," 68A Stat. 3, 26 U.S.C. 1, as amended, or any nonprofit, scientific, or educational organization qualified under a state nonprofit organization statute;
(3) Any attorney acting within the scope of the attorney's professional license;
(4) Any person duly registered before the United States patent and trademark office acting within the scope of that person's professional license;
(5) Any person who does not charge a fee for invention development services other than any payment made from a portion of the income received by a customer by virtue of invention development services performed by the person. For the purposes of this division, "fee" includes any payment made by the customer to the person including reimbursement for expenditures made or costs incurred by the person.
(E) "Invention" means a discovery, process, machine, design, formulation, product, concept, or idea, or any combination of them, whether patentable or not.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.62 | Invention Development Services Contracts.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
(A) Every contract for invention development services shall be in writing and is subject to sections 1345.61 to 1345.68 of the Revised Code. The invention developer shall give a copy of the written contract to the customer at the time the customer signs the contract.
(B) The invention developer shall provide in writing a description of the services to be performed pursuant to each contract. At the time the customer signs the contract, it shall state the fees and other consideration, if any, that may be required of the customer.
(C) Any contract for invention development services signed by the invention developer and the customer may be revoked by either party prior to the expiration of a four working day period commencing on the date on which the customer and the invention developer sign the contract.
(D) The invention developer or the customer may revoke the contract as follows:
(1) Either the invention developer or the customer may revoke the contract by written notice to the other within four working days of the date the contract was signed by both. Written notice of revocation is effective upon the date of postmarking, if mailed, or upon receipt.
(2) The invention developer upon revocation shall return to the customer any payment made on account of the performance of services specified in the contract and the customer shall return all materials and contracts submitted to him by the invention developer.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.63 | Conspicuous and Legible Cover Sheet With Notice.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
(A) Every contract for invention development services shall have a conspicuous and legible cover sheet attached to it with the following notice to the customer imprinted on the cover sheet in boldface type of not less than ten-point size, or in capital letters of a size not less than that used in a standard office typewriter:
"The purchase of invention development services is a high risk expenditure. The performance of the services detailed in the contract provides no guarantee or promise of profits, or that your invention or idea will be purchased by a manufacturer. Only a very small percentage of inventions have a chance at receiving profits. An invention developer can assist you in your efforts."
(B) The cover sheet notice shall contain the name, home office address, and local office address of the invention developer.
(C) The cover sheet notice shall contain the items required by divisions (A) and (B) of this section and shall not contain anything except those items.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.64 | Record of Contacts.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
The invention developer shall maintain a record with respect to each contract which contains the name and address of each person to whom the customer's invention or idea is submitted, and the date of submission. The customer may request a copy of or inspect the record during normal working hours.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.65 | Contract Contents.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
Every contract for invention development services shall set forth in boldface type of not less than ten-point size, or in capital letters of a size not less than that used in a standard office typewriter, both of the following:
(A) The terms and conditions of payment and contract revocation rights required by section 1345.62 of the Revised Code.
(B) The name and principal place of business in Ohio of the invention developer. In the event that a substantial portion of the contractual services are to be performed outside of the state of Ohio, the name and address of the invention developer who will perform those services.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.66 | Remedies.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
(A) Any customer who is injured by a violation of sections 1345.61 to 1345.67 of the Revised Code has an action at law as provided by this section.
(B) A customer has a cause of action pursuant to this division to remedy any injury caused by the invention developer arising from:
(1) A violation of sections 1345.61 to 1345.67 of the Revised Code, or
(2) The customer's acceptance of the invention development services contract in reliance upon any fraudulent misrepresentation or omission of material fact.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.67 | Maintaining Bond.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
(A) Every invention developer rendering or offering to render invention development services in this state shall maintain a bond in the amount of ten thousand dollars issued by a surety company that is authorized to do business in this state. The invention developer shall file a copy of the bond with the secretary of state prior to the time the invention developer first commences business in this state.
(B) The bond required by division (A) of this section shall be payable in favor of the state for the benefit of any person who, after entering into a contract for invention development services with an invention developer, is damaged by fraud, dishonesty, or the failure of the invention developer to provide the invention development services required in performance of the contract. Any person claiming against the bond may maintain an action against the invention developer and the surety. The aggregate liability of the surety to all persons for all breaches of conditions of the bond provided in this section shall not exceed the amount of the bond.
(C) In lieu of furnishing the bond as required by this section, the invention developer may deposit with the secretary of state a deposit in an amount equal to the required amount of the bond. The deposit may be satisfied by any of the following:
(1) Certificates of deposit payable to the secretary of state issued by banks doing business in this state and insured by the federal deposit insurance corporation;
(2) Investment certificates of share accounts assigned to the secretary of state and issued by a savings and loan association doing business in this state and insured by the federal savings and loan insurance corporation;
(3) Cash.
(D) The bond or deposit required by this section shall be canceled or returned to the invention developer two years after he ceases doing business in this state so long as no lawsuits by Ohio customers are pending against it at the time. The secretary of state shall cancel or return the bond or deposit as required by this section no later than sixty days after the invention developer gives notice of his eligibility for the cancellation and return of the bond or deposit.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.68 | Effect on Other Obligations, Rights, or Remedies.

Effective:
March 28, 1985
Latest Legislation:
House Bill 385 - 115th General Assembly
Sections 1345.61 to 1345.68 of the Revised Code do not annul or limit any obligations, rights, or remedies that might otherwise be applicable or available under the laws of this state.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.73 | Presumptions.

Effective:
September 29, 2011
Latest Legislation:
House Bill 153 - 129th General Assembly
(A) Except as provided in division (B) of this section, it shall be presumed that a reasonable number of attempts have been undertaken by the manufacturer, its dealer, or its authorized agent to conform a motor vehicle to any applicable express warranty if, during the period of one year following the date of original delivery or during the first eighteen thousand miles of operation, whichever is earlier, any of the following apply:
(1) Substantially the same nonconformity has been subject to repair three or more times and either continues to exist or recurs;
(2) The vehicle is out of service by reason of repair for a cumulative total of thirty or more calendar days;
(3) There have been eight or more attempts to repair any nonconformity;
(4) There has been at least one attempt to repair a nonconformity that results in a condition that is likely to cause death or serious bodily injury if the vehicle is driven, and the nonconformity either continues to exist or recurs.
(B)(1) Any period of time described in division (A) of this section shall be extended by any period of time during which the vehicle could not be reasonably repaired due to war, invasion, civil unrest, strike, fire, flood, or natural disaster.
(2) If an extension of time is necessitated under division (B)(1) of this section due to the conditions described in that division, the manufacturer shall arrange for the use of a vehicle for the consumer whose vehicle is out of service at no cost to the consumer. If the manufacturer utilizes or contracts with a motor vehicle dealer or other third party to provide the vehicle, the manufacturer shall reimburse the motor vehicle dealer or other third party at a reasonable rate for the use of the vehicle.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.74 | Providing Written Statement of Rights.

Effective:
September 15, 1999
Latest Legislation:
House Bill 21 - 123rd General Assembly
(A) At the time of purchase, the manufacturer, either directly or through its agent or its authorized dealer, shall provide to the consumer a written statement on a separate piece of paper, in ten-point type, all capital letters, in substantially the following form: IMPORTANT: IF THIS VEHICLE IS DEFECTIVE, YOU MAY BE ENTITLED UNDER STATE LAW TO A REPLACEMENT OR TO COMPENSATION.
In the case of a leased motor vehicle, the written statement described in this division shall be provided to the consumer by the manufacturer, either directly or through the lessor, at the time of execution of the lease agreement.
(B) The manufacturer or authorized dealer shall provide to the consumer, each time the motor vehicle of the consumer is returned from being serviced or repaired, a fully itemized written statement indicating all work performed on the vehicle, including, but not limited to, parts and labor as described in the rules adopted pursuant to section 1345.77 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1345 | Consumer Sales Practices › Section 1345.75 | Civil Action for Loss.

Effective:
September 15, 1999
Latest Legislation:
House Bill 21 - 123rd General Assembly
(A) Any consumer may bring a civil action in a court of common pleas or other court of competent jurisdiction against any manufacturer if the manufacturer fails to comply with section 1345.72 of the Revised Code and, in addition to the relief to which the consumer is entitled under that section, shall be entitled to recover reasonable attorney's fees and all court costs.
(B) The remedies in sections 1345.71 to 1345.78 of the Revised Code are in addition to remedies otherwise available to consumers under law.
(C) Any action brought under division (A) of this section shall be commenced within five years of the date of original delivery of the motor vehicle. Any period of limitation of actions under any federal or Ohio laws with respect to any consumer shall be tolled for the period that begins on the date that a complaint is filed with an informal dispute resolution mechanism established pursuant to section 1345.77 of the Revised Code and ends on the date of the decision by the informal dispute resolution mechanism.
(D) It is an affirmative defense to any claim under this section that a nonconformity is the result of abuse, neglect, or the unauthorized modification or alteration of a motor vehicle by anyone other than the manufacturer, its agent, or its authorized dealer.