reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.20 | Escrow Transactions Concerning Residential Realty Definitions.

Effective:
January 1, 1996
Latest Legislation:
House Bill 117 - 121st General Assembly
As used in sections 1349.20 to 1349.22 of the Revised Code:
(A) "Banking day" means any day on which the federal reserve bank is open to the public for carrying on substantially all of its functions.
(B) "Check" means a negotiable instrument that is drawn on a federally insured bank, savings and loan association, credit union, or savings bank and contains an unconditional order to pay, on demand, a specified sum in money.
(C) "Escrow account" means a checking account with a federally insured bank, savings and loan association, credit union, or savings bank, which is used exclusively for the deposit of funds transferred electronically or otherwise, cash, money orders, or negotiable instruments that are received by the escrow or closing agent to effect an escrow transaction, but excludes an account of an attorney that is used to hold client funds and an account maintained by a real estate broker under division (A)(26) of section 4735.18 of the Revised Code.
(D) "Escrow or closing agent" means a person who controls and effects, in an escrow transaction, the delivery described in division (E) of this section, but excludes a federally insured bank, savings and loan association, credit union, or savings bank that makes a loan as part of a residential real property transaction and excludes a real estate broker who, in a fiduciary capacity, receives and deposits, in an account maintained under division (A)(26) of section 4735.18 of the Revised Code, cash, funds, checks, or negotiable instruments for earnest money or good faith or other purposes.
(E) "Escrow transaction" means a transaction in which a person, for the purpose of effecting and closing the sale, purchase, exchange, transfer, encumbrance, or lease of an interest in residential real property to another person, provides a written instrument or document, money, negotiable instrument, check, evidence of title to real property, or any other thing of value to an escrow or closing agent, to be held by the agent until a specified event occurs or until the performance of a prescribed condition, when it is to be delivered to a specific person by the agent in compliance with applicable instructions, whether by filing such written instrument or document in the public records or by direct tender to the appropriate person.
(F) "Negotiable instrument" has the same meaning as in section 1303.03 of the Revised Code.
(G) "Residential real property" means any real property improved or to be improved with a one- to four-family dwelling.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.21 | Disbursing From an Escrow Account.

Effective:
September 29, 2017
Latest Legislation:
House Bill 49 - 132nd General Assembly
No escrow or closing agent knowingly shall make, in an escrow transaction, a disbursement from an escrow account on behalf of another person, unless the following conditions are met:
(A) The funds necessary for the disbursement:
(1) Have been transferred electronically to or deposited into the escrow account of the escrow or closing agent and are immediately available for withdrawal and disbursement;
(2) Are in an aggregate amount not exceeding ten thousand dollars, have been physically received by the agent prior to disbursement and are intended for deposit no later than the next banking day after the date of disbursement; or
(3) Are funds drawn on a special or trust bank account as described in division (A)(26) of section 4735.18 of the Revised Code.
(B) The transfers or deposits described in division (A) of this section consist of any of the following:
(1) Business checks drawn on special or trust bank accounts described in division (A)(26) of section 4735.18 of the Revised Code;
(2) Cash, personal checks, business checks other than those described in division (B)(1) of this section, certified checks, cashier's checks, official checks, or money orders that are in an aggregate amount not exceeding ten thousand dollars and are drawn on an existing account at a federally insured bank, savings and loan association, credit union, or savings bank;
(3) Electronically transferred funds via the automated clearing house system initiated by, or a check issued by, the United States or this state, or by an agency, instrumentality, or political subdivision of the United States or this state; or
(4) Any other electronically transferred funds.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.22 | Advancing Funds for Incidental Fees.

Effective:
January 1, 1996
Latest Legislation:
House Bill 117 - 121st General Assembly
Nothing in section 1349.21 of the Revised Code prohibits an escrow or closing agent from advancing funds not exceeding one thousand dollars from an escrow account or otherwise on behalf of a party to an escrow transaction for the purpose of paying incidental fees, such as conveyance and recording fees, in order to effect and close the sale, purchase, exchange, transfer, encumbrance, or lease of residential real property that is the subject of the escrow transaction.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.271 | Rules for Prepurchase Counseling.

Effective:
January 1, 2007
Latest Legislation:
Senate Bill 185 - 126th General Assembly
(A) The superintendent of financial institutions shall, in accordance with Chapter 119. of the Revised Code, adopt rules that establish criteria for purposes of qualifying counseling services that provide prepurchase counseling to consumers.
(B) Any not-for-profit credit counseling service approved by an agency of the federal government shall be deemed to meet the criteria established by the superintendent under this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.29 | Right to Rescind.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
If a covered loan transaction includes any term prohibited by section 1349.27 of the Revised Code, the consumer shall have the right to rescind the transaction in accordance with section 129(j) of the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1639(j), as amended, and the regulations adopted thereunder by the federal reserve board, as amended.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.30 | Voluntary Adjustments Correcting Errors.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
(A) A person has no liability under section 1349.31 of the Revised Code, and shall not be subject to any sanction by the superintendent of financial institutions, for any failure to comply with section 1349.26 or 1349.27 of the Revised Code, if within sixty days after discovering the error, whether pursuant to the person's own procedures or an examination or investigation by the superintendent under division (A) or (B) of section 1349.34 of the Revised Code, and prior to the initiation of any action by the superintendent under divisions (C) to (F) of section 1349.34 of the Revised Code or the receipt of written notice of the error from the consumer, the person notifies the consumer or other person concerned of the error and makes whatever adjustments in the appropriate account are necessary to assure that the consumer will not be required to pay an amount in excess of the charge actually disclosed, or the dollar equivalent of the annual percentage rate actually disclosed, whichever is lower.
(B) A creditor or assignee shall not be held liable in any action brought under section 1349.29 of the Revised Code, if the creditor or assignee shows by a preponderance of evidence that the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error. For purposes of this division, "bona fide error" includes, but is not limited to, clerical, calculation, computer malfunction and programming, and printing errors. "Bona fide error" does not include an error of legal judgment with respect to a person's obligations under sections 1349.25 to 1349.36 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.31 | Criminal Proceedings Initiated.

Effective:
December 28, 2009
Latest Legislation:
Senate Bill 124 - 128th General Assembly
(A)(1) No creditor shall willfully and knowingly fail to comply with section 1349.26 or 1349.27 of the Revised Code. For purposes of division (A)(1) of this section, "willfully and knowingly" has the same meaning as in section 112 of the "Truth in Lending Act," 82 Stat. 146 (1968), 15 U.S.C.A. 1611, as amended.
(2) Whoever violates division (A)(1) of this section is guilty of a felony of the fifth degree.
(B) The superintendent of financial institutions may directly bring an action to enjoin a violation of this section. The attorney general may directly bring an action against a mortgage broker, loan officer, or nonbank mortgage lender to enjoin a violation of this section with the same rights, privileges, and powers as those described in section 1345.06 of the Revised Code. The prosecuting attorney of the county in which the action may be brought may bring an action against a mortgage broker, loan officer, or nonbank mortgage lender to enjoin a violation of this section only if the prosecuting attorney first presents any evidence of the violation to the attorney general and, within a reasonable period of time, the attorney general has not agreed to bring the action.
For purposes of this division, "loan officer," "mortgage broker," and "nonbank mortgage lender" have the same meanings as in section 1345.01 of the Revised Code.
(C)(1) The superintendent of financial institutions may initiate criminal proceedings under this section by presenting any evidence of criminal violations to the prosecuting attorney of the county in which the offense may be prosecuted. If the prosecuting attorney does not prosecute the violations, or at the request of the prosecuting attorney, the superintendent shall present any evidence of criminal violations to the attorney general, who may proceed in the prosecution with all the rights, privileges, and powers conferred by law on prosecuting attorneys, including the power to appear before grand juries and to interrogate witnesses before such grand juries. These powers of the attorney general shall be in addition to any other applicable powers of the attorney general.
(2) The prosecuting attorney of the county in which an alleged offense may be prosecuted may initiate criminal proceedings under this section.
(3) In order to initiate criminal proceedings under this section, the attorney general shall first present any evidence of criminal violations to the prosecuting attorney of the county in which the alleged offense may be prosecuted. If, within a reasonable period of time, the prosecuting attorney has not agreed to prosecute the violations, the attorney general may proceed in the prosecution with all the rights, privileges, and powers described in division (C)(1) of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.32 | Conforming Ohio Law to Federal Law.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
The purpose of sections 1349.25 to 1349.36 of the Revised Code is to bring Ohio law into conformance with the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1601 note, as amended, and the regulations and interpretations adopted thereunder by the federal reserve board, in order to facilitate the uniform administration and enforcement of state and federal laws on the regulation of certain high cost mortgages.
In furtherance of that purpose, the regulations and interpretations adopted by the federal reserve board to implement the "Home Ownership and Equity Protection Act of 1994," which regulations and interpretations are effective as of the effective date of this section, are hereby deemed applicable to sections 1349.25 to 1349.36 of the Revised Code. Such regulations and interpretations include the amendment of sections 226.32 and 226.34 of Title 12 of the Code of Federal Regulations, which amendment was approved by the federal reserve board on December 12, 2001, and takes effect October 1, 2002.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.33 | Rules Adopting Similar Provisions Where Federal Law Is Amended or Modified.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
(A) Notwithstanding any provision of sections 1349.25 to 1349.36 of the Revised Code, or any rule adopted thereunder, if the "Home Ownership and Equity Protection Act of 1994," 108 Stat. 2190, 15 U.S.C.A. 1601 note, as amended, or any regulation adopted thereunder by the federal reserve board, as amended, is amended or otherwise modified after the effective date of this section, the superintendent of financial institutions may by rule adopt similar provisions. If an amendment or other modification to the "Home Ownership and Equity Protection Act of 1994" requires the adoption of implementing regulations by the federal reserve board, the superintendent shall not adopt any rule under the authority of this section until those regulations are adopted.
(B) The superintendent shall adopt the rules authorized by division (A) of this section in accordance with section 111.15 of the Revised Code. Chapter 119. of the Revised Code does not apply to rules adopted under the authority of this section.
(C) A rule adopted by the superintendent under the authority of this section is effective on the later of the following dates:
(1) The date the superintendent issues the rule;
(2) The date the regulation, rule, interpretation, procedure, or guideline the superintendent's rule is based on becomes effective.
(D) The superintendent may, upon thirty days' written notice, revoke any rule adopted under the authority of this section. A rule adopted under the authority of this section, and not revoked by the superintendent, lapses and has no further force and effect thirty months after its effective date.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.35 | Annual Report.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
The superintendent of financial institutions shall include, as part of the annual report required by section 1181.09 of the Revised Code, the number of complaints received, the number of enforcement actions taken, and any other relevant data regarding covered loans.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.36 | Administrative Rules.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
The superintendent of financial institutions may, in accordance with Chapter 119. of the Revised Code, adopt reasonable rules to administer and enforce sections 1349.25 to 1349.35 of the Revised Code and to carry out the purpose of those sections as stated in section 1349.32 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.37 | Office of Consumer Affairs.

Effective:
May 24, 2002
Latest Legislation:
House Bill 386 - 124th General Assembly
There is hereby created in the division of financial institutions the office of consumer affairs. The responsibilities of the office shall, at a minimum, include all of the following:
(A) Providing education to residents of this state regarding borrowing and related financial topics;
(B) Providing referrals to credit counseling services;
(C) Receiving complaints regarding alleged failures to comply with section 1349.26 or 1349.27 of the Revised Code;
(D) Contacting the persons that are the subject of such complaints, on behalf of the consumers;
(E) Referring matters to the superintendent of financial institutions for action under section 1349.34 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.41 | Prohibited Conduct in Mortgage Loan Sale or Purchase.

Effective:
January 1, 2007
Latest Legislation:
Senate Bill 185 - 126th General Assembly
(A) As used in this section:
(1) "Consumer" means an individual to whom credit is offered or extended primarily for personal, family, or household purposes.
(2) "Lender" means a nonbank mortgage lender as defined in section 1345.01 of the Revised Code. "Lender" does not include a person that purchases or is assigned a loan or that functions solely as the servicer of a loan.
(3) "Mortgage" has the same meaning as in section 1322.01 of the Revised Code.
(B) A lender shall not engage in a transaction, practice, or course of business that is not in good faith or fair dealing, or that operates a fraud upon any person, in connection with the attempted or actual making, purchase, or sale of any mortgage loan.
(C) If a lender fails to comply with division (B) of this section, the affected consumer may recover damages of not less than all compensation paid directly or indirectly to the lender from any source, plus reasonable attorney's fees and court costs.
(D) The duty created by this section shall not be waived or modified.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.43 | Internet Database - Violations and Enforcement Information.

Effective:
October 17, 2019
Latest Legislation:
House Bill 166 - 133rd General Assembly
(A) As used in this section, "loan officer," "mortgage broker," and "nonbank mortgage lender" have the same meanings as in section 1345.01 of the Revised Code.
(B) The department of commerce shall establish and maintain an electronic database accessible through the internet that contains information on all of the following:
(1) The enforcement actions taken by the superintendent of financial institutions for each violation of or failure to comply with any provision of Chapter 1322. of the Revised Code, upon final disposition of the action;
(2) The enforcement actions taken by the attorney general under Chapter 1345. of the Revised Code against loan officers, mortgage brokers, and nonbank mortgage lenders, upon final disposition of each action;
(3) All judgments by courts of this state, concerning which appellate remedies have been exhausted or lost by the expiration of the time for appeal, finding either of the following:
(a) A violation of any provision of Chapter 1322. of the Revised Code;
(b) That specific acts or practices by a loan officer, mortgage broker, or nonbank mortgage lender violate section 1345.02, 1345.03, or 1345.031 of the Revised Code.
(C) The attorney general shall notify the department of all enforcement actions and judgments described in divisions (B)(2) and (3)(b) of this section.
(D) The department may adopt rules in accordance with Chapter 119. of the Revised Code that are necessary to implement this section.
(E) The electronic database maintained by the department in accordance with this section shall not include information that, pursuant to section 1322.36 of the Revised Code, is confidential.
(F) The department may use the multistate licensing system authorized in section 1181.23 of the Revised Code to fulfill its obligations under this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.44 | Report on Financial Institutions Division Operations.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
(A) The superintendent of financial institutions shall report semiannually to the governor and the general assembly on the operations of the division of financial institutions with respect to the following:
(1) Enforcement actions instituted by the superintendent for a violation of or failure to comply with any provision of Chapter 1322. of the Revised Code, and their final dispositions;
(2) Suspensions, revocations, or refusals to issue or renew certificates of registration and licenses under Chapter 1322. of the Revised Code;
(3) Outreach efforts of the office of consumer affairs to provide education regarding predatory lending, borrowing, and related financial topics.
(B) The information required under divisions (A)(1) and (2) of this section does not include information that, pursuant to section 1322.36 of the Revised Code, is confidential.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.45 | Misleading or Deceptive Use of Financial Institution Name or Logo Prohibited.

Effective:
March 23, 2018
Latest Legislation:
House Bill 199 - 132nd General Assembly
(A) As used in this section, "financial institution" means any bank, savings and loan association, savings bank, or credit union; any affiliate or subsidiary of a bank, savings and loan association, savings bank, or credit union; any registrant as defined in section 1321.51 of the Revised Code ; or any person registered as a mortgage lender under Chapter 1322. of the Revised Code.
(B) No person shall use the name or logo of any financial institution in connection with the sale, offering for sale, distribution, or advertising of any product or service without the express written consent of the financial institution, if such use is misleading or deceptive as to the source of origin or sponsorship of, or the affiliation with, the product or service.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.51 | Prohibiting Disclosure of Certain Consumer Information.

Effective:
September 23, 2004
Latest Legislation:
Senate Bill 151 - 125th General Assembly
(A) As used in this section:
(1) "Consumer report" and "consumer reporting agency" have the same meanings as in the "Fair Credit Reporting Act," 84 Stat. 1128 (1970), 15 U.S.C.A. 1681a, as amended.
(2) "Licensed resident insurance agent" means any natural person or business entity licensed as a resident insurance agent under section 3905.06 of the Revised Code.
(B) No consumer reporting agency shall sell or otherwise furnish any information relative to an individual's insurance coverage that was submitted, in whole or in part, in conjunction with an insurance company's inquiry into an individual's credit history or request for a consumer report. This information includes, but is not limited to, the expiration date of an insurance policy, information that may be used to find a policy's expiration date or approximate expiration date, and the terms and conditions of an insurance policy.
(C) Division (B) of this section does not prohibit a consumer reporting agency from furnishing information relative to an individual's insurance coverage to the agent or producer that supplied the information.
(D) Division (B) of this section does not prohibit a consumer reporting agency from furnishing information relative to an individual's insurance coverage to an insurance company, the insurer's affiliates, or members of a holding company in which the insurer is a member, if the information was supplied by an agent or producer acting on behalf of the insurer.
(E) Nothing in this section shall be construed to prohibit an insurance company from obtaining a claims history or motor vehicle report.
(F) An insurance company shall indemnify, defend, and hold harmless its licensed resident insurance agent from and against all liability, damages, fees, and costs arising out of or relating to the actions, errors, or omissions of its licensed resident insurance agent resulting from the use of credit information or insurance scores for the insurance company, provided that its licensed resident insurance agent follows the procedures and instructions established by the insurance company for its licensed resident insurance agent, works within the authority granted by the insurance company to its licensed resident insurance agent, and complies with all applicable laws and regulations. Nothing in this section shall be construed to provide a consumer or insured with a cause of action that does not exist in the absence of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.65 | High-Volume Seller Definitions.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
As used in sections 1349.65 to 1349.76 of the Revised Code:
(A) "Consumer product" has the same meaning as in section 101 of the "Magnuson-Moss Warranty-Federal Trade Commission Improvement Act," 15 U.S.C. 2301 and 16 C.F.R. 700.1.
(B) "High-volume third party seller" means a participant on an online marketplace's platform that is a third party seller and that, in any continuous twelve-month period during the previous twenty-four months, has entered into two hundred or more discrete sales or transactions of new or unused consumer products through the online marketplace, and for which payment was processed by the online marketplace, either directly or through its payment processor, with an aggregate total of five thousand dollars or more in gross revenues.
(C) "Online marketplace" means any person or entity that operates a consumer-directed electronically based or accessed platform that meets all of the following criteria:
(1) It includes features that allow for, facilitate, or enable third party sellers to engage in the sale, purchase, payment, storage, shipping, or delivery of a consumer product in this state.
(2) It is used by one or more third party sellers for such purposes.
(3) It has a contractual or similar relationship with consumers governing their use of the platform to purchase consumer products.
(D) "Seller" means a person that sells, offers to sell, or contracts to sell a consumer product through an online marketplace's platform. "Seller" does not include a new motor vehicle dealer licensed under Chapter 4517. of the Revised Code.
(E)(1) "Third party seller" means any seller, independent of an online marketplace, that sells, offers to sell, or contracts to sell a consumer product in this state through such online marketplace's platform.
(2) "Third party seller" does not include, with respect to an online marketplace, either of the following:
(a) A seller that operates the online marketplace's platform;
(b) A business entity to which all of the following apply:
(i) It has made available to the general public the entity's name, business address, and working contact information.
(ii) It has an ongoing contractual relationship with the online marketplace to provide the online marketplace with the manufacture, distribution, wholesaling, or fulfillment of shipments of consumer products.
(iii) It has provided to the online marketplace identifying information, as described in section 1349.66 of the Revised Code, that has been verified in accordance with that section.
(F) "Verify" means to confirm information provided to an online marketplace pursuant to section 1349.66 of the Revised Code, which may include the use of one or more methods that enable the online marketplace to reliably determine that any information and documents provided are valid, corresponding to the seller or an individual acting on the seller's behalf, not misappropriated, and not falsified.
Last updated May 16, 2022 at 4:18 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.66 | High-Volume Seller Notification Requirements.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
(A) An online marketplace shall require any high-volume third party seller on such online marketplace's platform to provide, not later than ten days after qualifying as a high-volume third party seller on the platform, all of the following information to the online marketplace:
(1)(a) A bank account number, or, if such seller does not have a bank account, the name of the payee for payments issued by the online marketplace to such seller.
(b) The bank account or payee information required under division (A)(1)(a) of this section may be provided by the seller in either of the following ways:
(i) To the online marketplace;
(ii) To a payment processor or other third party contracted by the online marketplace to maintain such information, provided that the online marketplace ensures that it can obtain such information on demand from such payment processor or other third party.
(2) Contact information for such seller as follows:
(a) With respect to a high-volume third party seller that is an individual, the individual's name.
(b) With respect to a high-volume third party seller that is not an individual, one of the following forms of contact information:
(i) A copy of a valid government-issued identification for an individual acting on behalf of such seller that includes the individual's name;
(ii) A copy of a valid government-issued record or tax document that includes the business name and physical address of such seller.
(c) A business tax identification number, or, if such seller does not have a business tax identification number, a taxpayer identification number.
(d) A current working electronic mail address and telephone number for such seller.
(B) An online marketplace shall do both of the following:
(1) Periodically, but not less than annually, notify any high-volume third party seller on such online marketplace's platform of the requirement to keep any information collected under division (A) of this section current;
(2) Require any high-volume third party seller on such online marketplace's platform to, not later than ten days after receiving the notice under division (B)(1) of this section, electronically certify one of the following:
(a) The seller has provided any changes to such information to the online marketplace, if any such changes have occurred;
(b) There have been no changes to such seller's information;
(c) Such seller has provided any changes to such information to the online marketplace.
(C) In the event that a high-volume third party seller does not provide the information or certification required under this section, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide such information or certification not later than ten days after the issuance of such notice, suspend any future sales activity of such seller until such seller provides such information or certification.
Last updated May 16, 2022 at 4:19 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.67 | High-Volume Seller Disclosure Requirements.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
(A) An online marketplace shall do both of the following:
(1) Verify the information collected under division (A) of section 1349.66 of the Revised Code not later than ten days after such collection;
(2) Verify any change to such information not later than ten days after being notified of such change by a high-volume third party seller under division (B) of section 1349.66 of the Revised Code.
(B) In the case of a high-volume third party seller that provides a copy of a valid government-issued tax document, any information contained in such document shall be presumed to be verified as of the date of issuance of such document.
Last updated May 16, 2022 at 4:19 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.68 | High-Volume Seller Requirement Enforcement.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
Data collected solely to comply with the requirements of this chapter shall not be used for any other purpose unless required by law.
Last updated May 16, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.69 | Security Procedures and Practices.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
An online marketplace shall implement and maintain reasonable security procedures and practices, including administrative, physical, and technical safeguards, appropriate to the nature of the data and the purposes for which the data will be used, to protect the data collected to comply with the requirements of this chapter from unauthorized use, disclosure, access, destruction, or modification.
Last updated May 16, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.70 | High-Volume Seller Duty to Disclose Certain Information.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
(A) An online marketplace shall do both of the following:
(1) Require any high-volume third party seller with an aggregate total of twenty thousand dollars or more in annual gross revenues on such online marketplace, and that uses such online marketplace's platform, to provide the information described in division (B) of this section to the online marketplace;
(2) Disclose the information described in division (B) of this section to consumers in a clear and conspicuous manner both in:
(a) The order confirmation message or other document or communication made to a consumer after a purchase is finalized;
(b) The consumer's account transaction history.
(B) The information required to be provided and disclosed by division (A) of this section is both of the following:
(1) Except as provided in section 1349.71 of the Revised Code, the identity of the high-volume third party seller, including all of the following:
(a) The full name of the seller, which may include the seller name or seller's company name, or the name by which the seller or company operates on the online marketplace;
(b) The physical address of the seller;
(c) Contact information for the seller, to allow for the direct, unhindered communication with high-volume third party sellers by users of the online marketplace, including any of the following:
(i) A current working telephone number;
(ii) A current working electronic mail address; or
(iii) Other means of direct electronic messaging, which may be provided to such seller by the online marketplace.
(2) Whether the high-volume third party seller used a different seller to supply the consumer product to the consumer upon purchase, and, upon the request of an authenticated purchaser, the information described in division (B)(1) of this section relating to any such seller that supplied the consumer product to the purchaser, if such seller is different than the high-volume third party seller listed on the product listing prior to purchase.
Last updated May 16, 2022 at 4:20 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.71 | Partial Disclosure.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
(A) Subject to division (B) of this section, upon the request of a high-volume third party seller, an online marketplace may provide for partial disclosure of the identity information required under division (B)(1) of section 1349.70 of the Revised Code in the following situations:
(1) If such seller certifies to the online marketplace that the seller does not have a business address and only has a residential street address, or has a combined business and residential address, the online marketplace may both:
(a) Disclose only the country and, if applicable, the state in which such seller resides;
(b) Inform consumers that there is no business address available for the seller and that consumer inquiries should be submitted to the seller by telephone, electronic mail, or other means of electronic messaging provided to such seller by the online marketplace.
(2) If such seller certifies to the online marketplace that the seller is a business that has a physical address for product returns, the online marketplace may disclose the seller's physical address for product returns.
(3) If such seller certifies to the online marketplace that the seller does not have a telephone number other than a personal telephone number, the online marketplace shall inform consumers that there is no telephone number available for the seller and that consumer inquiries should be submitted to the seller's electronic mail address or other means of electronic messaging provided to such seller by the online marketplace.
(B) If an online marketplace becomes aware that a high-volume third party seller has made a false representation to the online marketplace in order to justify the provision of a partial disclosure under division (A) of this section or that a high-volume third party seller who has requested and received a provision for a partial disclosure under division (A) of this section has not provided responsive answers within a reasonable time frame to consumer inquiries submitted to the seller by telephone, electronic mail, or other means of electronic messaging provided to such seller by the online marketplace, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to respond not later than ten days after the issuance of such notice, suspend any future sales activity of such seller unless such seller consents to the disclosure of the identity information required under division (B)(1) of section 1349.70 of the Revised Code.
(C) If a high-volume third-party seller is a program participant as defined in section 111.41 of the Revised Code, the only address of which the online marketplace may require disclosure is the address designated by the secretary of state under section 111.42 of the Revised Code.
Last updated May 16, 2022 at 4:21 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.72 | Product Listing Disclosure.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
An online marketplace shall disclose to consumers in a clear and conspicuous manner on the product listing of any high-volume third-party seller a reporting mechanism that allows for electronic and telephonic reporting of suspicious marketplace activity to the online marketplace.
Last updated July 6, 2022 at 4:00 AM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.73 | Penalty for Failing to Comply With Disclosure Requirements.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
If a high-volume third-party seller does not comply with the requirements to provide and disclose information under sections 1349.70 and 1349.71 of the Revised Code, the online marketplace shall, after providing the seller with written or electronic notice and an opportunity to provide or disclose such information not later than ten days after the issuance of such notice, suspend any future sales activity of such seller until the seller complies with such requirements.
Last updated May 16, 2022 at 4:22 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.74 | Unfair or Deceptive Act Under Cspa.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
(A) A violation of sections 1349.66 to 1349.73 of the Revised Code is an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code.
(B)(1) The attorney general shall enforce sections 1349.66 to 1349.73 of the Revised Code in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of sections 1345.01 to 1345.13 of the Revised Code were incorporated and made part of sections 1349.66 to 1349.73 of the Revised Code.
(2) There is no private right of action, pursuant to section 1345.09 of the Revised Code, to enforce sections 1349.66 to 1349.73 of the Revised Code.
(C) The attorney general may adopt rules with respect to the collection, verification, or disclosure of information under sections 1349.66, 1349.67, and 1349.70 to 1349.73 of the Revised Code, provided that such regulations are limited to what is necessary to collect, verify, and disclose such information.
(D) Nothing in sections 1349.66 to 1349.74 of the Revised Code shall be construed to limit the authority of the attorney general under any other provision of law.
Last updated May 16, 2022 at 4:22 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.75 | Severability.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
If any provision of sections 1349.65 to 1349.74 of the Revised Code, or the application thereof to any person or circumstance, is held invalid, the remainder of those provisions and the application of such provision to other persons not similarly situated or to other circumstances shall not be affected by the invalidation.
Last updated May 16, 2022 at 4:22 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.76 | Legislative Intent.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
The intent of the general assembly in enacting sections 1349.65 to 1349.76 of the Revised Code is to establish a statewide, comprehensive enactment that applies to all parts of the state, operates uniformly throughout the state, and sets forth police regulations. No political subdivision as defined in section 2744.01 of the Revised Code shall establish, mandate, or otherwise require online marketplaces or sellers to undertake different or additional measures to verify or disclose the same information as or information similar to that which is the subject of sections 1349.65 to 1349.73 of the Revised Code.
Last updated May 16, 2022 at 4:23 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.78 | [Former r.c. 1349.72, Renumbered by h.b. 272, 134th General Assembly, Effective 7/6/2022] Written Notice to Debtor.

Effective:
July 6, 2022
Latest Legislation:
House Bill 272 - 134th General Assembly
(A) Not less than thirty days prior to a person filing a foreclosure action to collect on a debt secured by residential real property, the person shall first send a written notice as described in division (B) of this section via United States mail to the residential address of the debtor, if both of the following apply:
(1) The debt is secured by a mortgage lien on the debtor's residential real property that is not in the first mortgage position.
(2) The debt has either been accelerated or is in default in accordance with the terms set forth in the promissory note.
(B) The written notice may be included on, or accompany, any other communication, and shall be printed in at least twelve-point type and include the following:
(1) The name and contact information of the person collecting the debt;
(2) A statement of the amount of the debt;
(3) A statement that the debtor has a right to engage an attorney;
(4) A statement that the debtor may qualify for debt relief under Chapter 7 or 13 of the United States Bankruptcy Code, 11 U.S.C. Chapter 7 or 13, as amended;
(5) A statement that a debtor that qualifies under Chapter 13 of the United States Bankruptcy Code may be able to protect their residential real property from foreclosure.
(C) Upon written request of the debtor, the owner of the debt shall provide a copy of the note and the loan history to the debtor.
(D)(1) As used in this division:
(a) "Bona fide error" means an unintentional clerical, calculation, computer malfunction or programming, or printing error.
(b) "Restitution" means either of the following:
(i) A waiver of all fees, costs, or expenses proximately associated with the failure to provide the notice to the debtor; or
(ii) Actual damages.
(2) Any owner of debt subject to divisions (A), (B), and (C) of this section shall not be held civilly liable in any action, if all of the following are met:
(a) The owner of the debt shows by a preponderance of evidence that the compliance failure was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
(b) Within sixty days after discovering the error, and prior to the initiation of any action, the owner of the debt notifies the debtor of the error and the manner in which the owner of the debt intends to make full restitution to the debtor.
(c) The owner of the debt promptly makes reasonable restitution to the debtor.
(3) If, in the event of a compliance failure, the owner of the debt does not meet the conditions set forth in division (D)(2) of this section, a debtor injured by the error has a cause of action to recover damages. Such an action shall not, however, be maintained as a class action.
Last updated April 13, 2022 at 4:36 PM
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.80 | Live Musical Performance Definitions.

Effective:
September 30, 2011
Latest Legislation:
Senate Bill 84 - 129th General Assembly
As used in this section and section 1349.81 of the Revised Code:
(A) "Performing group" means a vocal or instrumental group seeking to use the name of a recording group that previously released a commercial sound recording under the recording group's name.
(B) "Recording group" means a vocal or instrumental group that includes at least one member who satisfies both of the following criteria:
(1) The member previously released a commercial sound recording under the vocal or instrumental group's name.
(2) The member has a legal right to the vocal or instrumental group's name by virtue of use of or operation under that group name or affiliation with the group.
(C) "Commercial sound recording" means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds, regardless of the nature of the material object, including, but not limited to, a compact disc, cassette tape, or phonograph album in which sounds are embodied.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1349 | Consumer Protection › Section 1349.81 | Deception Respecting Relationship of Performing and Recording Group.

Effective:
September 30, 2011
Latest Legislation:
Senate Bill 84 - 129th General Assembly
(A) Except as otherwise provided in division (B) of this section, no person shall advertise or conduct a live musical performance or production in this state through the use of a false, deceptive, or misleading affiliation, connection, or association between a performing group and a recording group.
(B) Division (A) of this section does not apply to a person if any of the following circumstances apply:
(1) The performing group is the authorized registrant and owner of a federal service mark for that group registered in the United States patent and trademark office or is the owner of a valid trademark for that group under the "Lanham Act," 60 Stat. 427-443 (1946), 15 U.S.C. 1125(a), as amended.
(2) At least one member of the performing group is a member of the recording group and has a legal right to that group name by virtue of use or operation under the group name without having abandoned the name or affiliation with the group.
(3) The live musical performance or production is identified in all advertising and promotion for the performance as a salute or tribute to the recording group.
(4) The advertising does not relate to a live musical performance or production that the performing group conducts in this state.
(5) The performance or production is authorized expressly in writing by at least one member of the recording group.