reglab/statecodes huggingface dataset:
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.33 | Moldbuilder's Lien.

Effective:
June 9, 2004
Latest Legislation:
House Bill 427 - 125th General Assembly
(A)(1) A moldbuilder has a lien on all molds produced by it and on all proceeds from the assignment, sale, transfer, exchange, or other disposition of the molds produced by it until the moldbuilder is paid in full all amounts due the moldbuilder for the production of the mold or these proceeds. The lien described in this division attaches when the mold is delivered from the moldbuilder to the customer.
(2) The amount of the lien described in division (A)(1) of this section is the amount that a customer or molder owes the moldbuilder for the fabrication, repair, or modification of the mold.
(3) The moldbuilder retains the lien described in division (A)(1) of this section even if the moldbuilder is not in possession of the mold for which the lien is claimed.
(B) A moldbuilder perfects a lien described in division (A) of this section by filing a financing statement in accordance with the requirements of section 1309.502 of the Revised Code, which filing constitutes constructive notice of the lien described in division (A) of this section.
(C) The perfected lien described in division (B) of this section remains valid until all of the following occur:
(1) The moldbuilder receives the full amount due it for the mold.
(2) The customer receives a verified statement from the molder that the molder has paid the amount for which the lien is claimed.
(3) The financing statement is terminated.
(D) The priority of a perfected lien described in division (B) of this section on the same mold shall be determined based on the time that the lien attaches. The first lien that attaches pursuant to division (A)(1) of this section has priority over liens that attach subsequent to the first lien.
(E)(1) Any provision of a contract that waives a moldbuilder's right or an obligation of a person established by sections 1333.32 to 1333.34 of the Revised Code is void and unenforceable as against public policy. Division (E)(1) of this section does not affect the validity of other provisions of the contract or of a related document, policy, or agreement that can be given effect without the voided provision.
(2) Any provision of a contract requiring the application of the law of another state rather than sections 1333.32 to 1333.34 of the Revised Code is void and unenforceable as against public policy.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.34 | Enforcement of Moldbuilder's Lien.

Effective:
June 9, 2004
Latest Legislation:
House Bill 427 - 125th General Assembly
(A) To enforce a moldbuilder's lien attached pursuant to section 1333.33 of the Revised Code, the moldbuilder shall give written notice to the customer and molder stating that a lien is claimed; the amount that the moldbuilder claims is owed for fabrication, repair, or modification of the mold; and a demand for payment. The written notice described in this division shall be given by hand delivery or certified mail, return receipt requested, to the last known address of the customer and to the last known address of the molder.
(B) If the moldbuilder has not been paid the amount claimed in the notice described in division (A) of this section within ninety days after that notice is received by the customer and by the molder, the moldbuilder has a right to possession of the mold and may do the following:
(1) Enforce the right to possession of the mold by judgment, foreclosure, or any available judicial procedure;
(2) Commence a civil action described in division (D) of this section in a court of common pleas to enforce the lien, including by obtaining a judgment for the amounts owed that are described in division (A) of this section and a judgment permitting the mold to be sold at an execution sale;
(3) One or more of the following:
(a) Take possession of the mold, if possession without judicial process can be done without breach of the peace;
(b) Sell the mold in a public auction.
(C) A sale pursuant to this section shall not be made or possession shall not be obtained pursuant to division (B) of this section, if it violates a right of the customer or molder under federal patent, bankruptcy, or copyright laws.
(D) A moldbuilder that suffers damages because of a violation of sections 1333.32 to 1333.34 of the Revised Code may obtain appropriate legal and equitable relief, including damages, in a civil action.
(E) In any action by a moldbuilder to enforce a perfected lien described in section 1333.33 of the Revised Code, the court shall award the moldbuilder that is the prevailing party reasonable attorney fees, court costs, and expenses related to enforcement of the lien.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.35 | Bankruptcy and Receiver's Sales Definitions.

Effective:
October 24, 1961
Latest Legislation:
House Bill 342 - 104th General Assembly
As used in sections 1333.35 to 1333.37, inclusive, of the Revised Code:
(A) "Additional merchandise" means all goods, wares, and merchandise not part of bankruptcy or receivership proceedings.
(B) "Person" means an individual, corporation, partnership, association, or any unincorporated organization.
(C) "Bankruptcy sale" or "receiver's sale" means any offer to sell to the public, or sale to the public of goods, wares, or merchandise upon the implied or direct holding out, or representation that such sale is being conducted under any one or combination of the following circumstances:
(1) That such sale is being conducted because of bankruptcy or receivership occurring on or at the premises.
(2) That, at the premises where a person suffered bankruptcy or receivership, such goods, wares, or merchandise are being offered for sale or sold to the public and the person conducting the sale acquired such goods, wares, or merchandise as a result of such bankruptcy or receivership.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.36 | Prohibition on Sale of Additional Merchandise at Bankruptcy or Receiver's Sale.

Effective:
October 24, 1961
Latest Legislation:
House Bill 342 - 104th General Assembly
No person shall with intent to mislead or deceive the general public, advertise, offer to sell, or sell additional merchandise at the bankruptcy sale or at a receiver's sale.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.37 | Intent to Mislead or Deceive General Public.

Effective:
October 24, 1961
Latest Legislation:
House Bill 342 - 104th General Assembly
The offering or display for sale of additional merchandise by any person conducting a bankruptcy or receiver's sale at the premises of such sale is prima-facie evidence of intent to mislead or deceive the general public, provided, however, that goods and merchandise stored in a warehouse shall not be presumed to be part of such sale.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.52 | Record Piracy.

Effective:
May 10, 1976
Latest Legislation:
House Bill 159 - 111th General Assembly
(A) No person shall purposely do either of the following:
(1) Transcribe, without the consent of the owner, any sounds recorded on a phonograph record, disc, wire, tape, film, or other article on which sounds are recorded, with intent to sell or use for profit through public performance any product derived from the transcription. Each transcription of sound in violation of division (A)(1) of this section is a separate offense.
(2) Advertise, offer for sale, or sell, any product knowing it to have been produced in violation of division (A)(1) of this section.
(B) No person shall purposely manufacture, sell, or distribute for profit any phonograph record, tape, or album of phonograph records or tapes unless the record and the outside cover, box, or jacket of the record, tape, or album clearly and conspicuously discloses the name and street address of the manufacturer of the record, tape, or album, and the name of the performer or group whose performance is recorded. Each manufacture, sale, or distribution of a different performance on a record, tape, or album in violation of this section is a separate offense.
(C) This section does not apply to the following:
(1) Transcription by a radio or television broadcaster of any sounds in connection with a radio, television, or cable broadcast transmission, or for archival purposes;
(2) Any person who transcribes sounds for personal use.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.55 | Disclosing Tax Information.

Effective:
December 3, 1971
Latest Legislation:
Senate Bill 51 - 109th General Assembly
No person who engages in the business of preparing for others or assisting others to prepare any tax return or who has access to the records of a person, corporation, or firm engaging in such business shall disclose any information, including a name or address, obtained from or through any person in connection with the preparation of that person's tax return unless such disclosure is necessary to the preparation of the return, expressly authorized by law, pursuant to court order or subpoena, specifically consented to in writing by that person in a separate document, or necessary to contact that person in order to obtain his written consent to a disclosure.
Whoever violates this section shall be fined not less than one hundred nor more than one thousand dollars or imprisoned not less than six months nor more than one year.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.60 | Voluntary Delivery of Unordered Goods Constitutes Unconditional Gift.

Effective:
November 6, 1969
Latest Legislation:
Senate Bill 2 - 108th General Assembly
Where any merchandise is offered for sale by means of its voluntary delivery to an offeree who has neither ordered nor requested it, the delivery of such merchandise constitutes an unconditional gift to the recipient.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.61 | Uniform Trade Secrets Act Definitions.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
As used in sections 1333.61 to 1333.69 of the Revised Code, unless the context requires otherwise:
(A) "Improper means" includes theft, bribery, misrepresentation, breach or inducement of a breach of a duty to maintain secrecy, or espionage through electronic or other means.
(B) "Misappropriation" means any of the following:
(1) Acquisition of a trade secret of another by a person who knows or has reason to know that the trade secret was acquired by improper means;
(2) Disclosure or use of a trade secret of another without the express or implied consent of the other person by a person who did any of the following:
(a) Used improper means to acquire knowledge of the trade secret;
(b) At the time of disclosure or use, knew or had reason to know that the knowledge of the trade secret that the person acquired was derived from or through a person who had utilized improper means to acquire it, was acquired under circumstances giving rise to a duty to maintain its secrecy or limit its use, or was derived from or through a person who owed a duty to the person seeking relief to maintain its secrecy or limit its use;
(c) Before a material change of their position, knew or had reason to know that it was a trade secret and that knowledge of it had been acquired by accident or mistake.
(C) "Person" has the same meaning as in division (C) of section 1.59 of the Revised Code and includes governmental entities.
(D) "Trade secret" means information, including the whole or any portion or phase of any scientific or technical information, design, process, procedure, formula, pattern, compilation, program, device, method, technique, or improvement, or any business information or plans, financial information, or listing of names, addresses, or telephone numbers, that satisfies both of the following:
(1) It derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from its disclosure or use.
(2) It is the subject of efforts that are reasonable under the circumstances to maintain its secrecy.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.62 | Injunction Against Misappropriation.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
(A) Actual or threatened misappropriation may be enjoined. Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, unless the court finds that termination of the injunction is likely to provide a person who committed an actual or threatened misappropriation with a resulting commercial advantage, in which case the injunction shall be continued for an additional reasonable time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.
(B) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the time for which use could have been prohibited. Exceptional circumstances include a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
(C) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.63 | Damages Recoverable.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
(A) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant in a civil action is entitled to recover damages for misappropriation. Damages may include both the actual loss caused by misappropriation and the unjust enrichment caused by misappropriation that is not taken into account in computing actual loss. In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty that is equitable under the circumstances considering the loss to the complainant, the benefit to the misappropriator, or both, for a misappropriator's unauthorized disclosure or use of a trade secret.
(B) If willful and malicious misappropriation exists, the court may award punitive or exemplary damages in an amount not exceeding three times any award made under division (A) of this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.64 | Attorney's Fees.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
The court may award reasonable attorney's fees to the prevailing party, if any of the following applies:
(A) A claim of misappropriation is made in bad faith.
(B) A motion to terminate an injunction is made or resisted in bad faith.
(C) Willful and malicious misappropriation exists.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.65 | Authorized Means of Preserving Secrecy.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
In an action under sections 1333.61 to 1333.69 of the Revised Code, a court shall preserve the secrecy of an alleged trade secret by reasonable means that may include granting protective orders in connection with discovery proceedings, holding in-camera hearings, sealing the records of the action, and ordering any person involved in the litigation not to disclose an alleged trade secret without prior court approval.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.66 | Time for Commencing Action.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
An action for misappropriation shall be commenced within four years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered. For the purposes of this section, a continuing misappropriation constitutes a single claim.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.67 | Conflicting Laws Displaced - Remedies Not Affected.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
(A) Except as provided in division (B) of this section, sections 1333.61 to 1333.69 of the Revised Code displace conflicting tort, restitutionary, and other laws of this state providing civil remedies for misappropriation of a trade secret.
(B) Sections 1333.61 to 1333.69 of the Revised Code do not affect any of the following:
(1) Contractual remedies, whether or not based on misappropriation of a trade secret;
(2) Other civil remedies that are not based on misappropriation of a trade secret;
(3) Criminal remedies, including those in other sections of this chapter, whether or not based on misappropriation of a trade secret.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.68 | Uniformity of Application and Construction of Provisions.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
Sections 1333.61 to 1333.69 of the Revised Code shall be applied and construed to effectuate their general purpose to make uniform the law with respect to their subject among states enacting them.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.69 | Title of Act.

Effective:
July 20, 1994
Latest Legislation:
House Bill 320 - 120th General Assembly
Sections 1333.61 to 1333.69 of the Revised Code may be cited as the "Uniform Trade Secrets Act."
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.71 | Sale of Containers With Milk or Baked Goods Company Logo.

Effective:
September 11, 2008
Latest Legislation:
Senate Bill 171 - 127th General Assembly
No person shall sell or purchase a plastic crate or tray that is used for the carrying of retail containers of milk or baked goods and that has embossed upon it a company logo.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.72 | Energy Usage Labels for New Grain-Drying Equipment.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
No person shall sell, offer for sale, or install for use any new grain-drying equipment unless the equipment is labeled or accompanied by an operator's manual to indicate its energy usage to the prospective purchaser of the equipment. Whoever violates this section is guilty of a minor misdemeanor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.73 | Energy Efficiency Standards for Hvac and Appliances.

Effective:
June 29, 2011
Latest Legislation:
House Bill 9 - 129th General Assembly
No person shall sell, offer for sale, or install for use any new central air conditioner, refrigerator, refrigerator-freezer, freezer, kitchen range or oven, dishwasher, clothes washer, clothes dryer, furnace, water heater, room air conditioner, television set, humidifier, home heating equipment other than furnaces, or other consumer product subject to an energy efficiency standard promulgated under section 325 of the "Energy Policy and Conservation Act," 89 Stat. 923, 42 U.S.C.A. 6295, as amended, that is not in compliance with applicable standards promulgated under that section. This section does not apply to the sale, offering for sale, or installation of any such category of consumer product for which no applicable energy efficiency standard has been promulgated pursuant to such federal act. Whoever violates this section is guilty of a minor misdemeanor on a first offense, and on subsequent offenses is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.81 | Confidentiality of Information.

Effective:
January 1, 1974
Latest Legislation:
House Bill 511 - 109th General Assembly
No employee of another, who in the course and within the scope of his employment receives any confidential matter or information, shall knowingly, without the consent of his employer, furnish or disclose such matter or information to any person not privileged to acquire it.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.82 | Alcoholic Beverages Franchise Definitions.

Effective:
June 30, 2006
Latest Legislation:
House Bill 530 - 126th General Assembly
As used in sections 1333.82 to 1333.87 of the Revised Code:
(A) "Alcoholic beverages" means beer and wine as defined in section 4301.01 of the Revised Code.
(B) "Manufacturer" means a person, whether located in this state or elsewhere, that manufactures or supplies alcoholic beverages to distributors in this state.
(C) "Distributor" means a person that sells or distributes alcoholic beverages to retail permit holders in this state, but does not include the state or any of its political subdivisions.
(D) "Franchise" means a contract or any other legal device used to establish a contractual relationship between a manufacturer and a distributor.
(E) "Good faith" means the duty of any party to any franchise, and all officers, employees, or agents of any party to any franchise, to act in a fair and equitable manner toward each other so as to guarantee each party freedom from coercion or intimidation; except that recommendation, endorsement, exposition, persuasion, urging, or argument shall not be considered to constitute a lack of good faith or coercion.
(F) "Brand," as applied to wine, means a wine different from any other wine in respect to type, brand, trade name, or container size.
(G) "Sales area or territory" means an exclusive geographic area or territory that is assigned to a particular A or B permit holder and that either has one or more political subdivisions as its boundaries or consists of an area of land with readily identifiable geographic boundaries. "Sales area or territory" does not include, however, any particular retail location in an exclusive geographic area or territory that had been assigned to another A or B permit holder before April 9, 2001.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.83 | Written Franchise Agreement.

Effective:
July 23, 2004
Latest Legislation:
House Bill 306 - 125th General Assembly
Every manufacturer of alcoholic beverages shall contract with or offer in good faith to its distributors a written franchise providing for, and specifying the rights and duties of both parties in effecting, the sale of the specified brands or products of the manufacturer. Any provision of a franchise agreement that waives any of the prohibitions of, or fails to comply with, sections 1333.82 to 1333.87 of the Revised Code is void and unenforceable. Any notice or acceptance required to be given or made by either party to the franchise shall be in writing and signed by the authorized representative of the parties. Any breach, actual or claimed, of a franchise made pursuant to this section shall not be grounds for suspension or revocation of any permit or supplier registration issued by the division of liquor control. When a distributor of beer or wine for a manufacturer, or the successors or assigns of the manufacturer, distributes the beer or wine for ninety days or more without a written contract, a franchise relationship is established between the parties, and sections 1333.82 to 1333.87 of the Revised Code apply to the manufacturer, its successor or assigns, and the distributor.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.86 | Distributor to Maintain Adequate Physical Facilities and Personnel.

Effective:
July 26, 1974
Latest Legislation:
House Bill 857 - 110th General Assembly
During the effective period of a franchise, the distributor shall maintain adequate physical facilities and personnel so that the product or brands of the manufacturer are at all times properly represented in the sales area of the distributor, the reputation and trade name of the manufacturer are protected, and the general public receives adequate servicing of the products or brands of the manufacturer. The distributor shall at all times act in good faith.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.87 | Liability for Violation.

Effective:
May 20, 1992
Latest Legislation:
Senate Bill 284 - 119th General Assembly
Any manufacturer or distributor who directly or through an officer, employee, or agent violates sections 1333.82 to 1333.86 of the Revised Code is liable to the party injured by such violation for all reasonable damages sustained by the party that are the proximate result of the unlawful act of the manufacturer or distributor, his officer, employee, or agent. An action to recover such damages and for other relief may be brought only in the common pleas court in the county in which the distributor's principal place of business in this state is located.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.91 | Pyramid Promotional Scheme Definitions.

Effective:
March 8, 2019
Latest Legislation:
House Bill 329 - 132nd General Assembly
As used in sections 1333.91 to 1333.94 of the Revised Code:
(A) "Pyramid promotional scheme" means any plan or operation by which individuals pay consideration for the chance or opportunity to receive compensation that is derived primarily from recruiting other individuals into the plan or operation rather than from the sale of products or services to ultimate users or from the consumption or use of products or services by ultimate users.
(B) "Compensation" means money, financial benefit, or anything of value. Compensation does not include payment based upon sales made to persons who are not participants in a pyramid promotional scheme, and who are not purchasing in order to participate in the plan or operation.
(C) "Consideration" means the payment of money or anything of value or the purchase of products, services, or intangible property. The term does not include:
(1) Payment for sales demonstration equipment and materials furnished at cost for use in making sales and not for resale;
(2) Any time or effort spent in pursuit of sales or recruiting activities.
(D) "Ultimate user" means an individual who consumes or uses a product or service, whether or not the individual is a participant in the plan or operation.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.93 | Contract Void - Civil Action.

Effective:
March 8, 2019
Latest Legislation:
House Bill 329 - 132nd General Assembly
Any contract made in violation of section 1333.92 of the Revised Code is void. Any individual who has paid consideration for the chance or opportunity to participate in a pyramid promotional scheme may recover, in a civil action, the amount of the consideration paid, together with reasonable attorney fees, from any participant who has received compensation under either of the following circumstances:
(A) For introducing the individual into participation in a pyramid promotional scheme;
(B) When another participant has introduced the individual into participation in a pyramid promotional scheme.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.94 | Violation; Remedies.

Effective:
March 8, 2019
Latest Legislation:
House Bill 329 - 132nd General Assembly
(A) Failure to comply with section 1333.92 of the Revised Code constitutes an unfair or deceptive act or practice in connection with a consumer transaction in violation of section 1345.02 of the Revised Code.
(B) The attorney general may do the following:
(1) Whenever it appears that a person is violating or about to violate section 1333.92 of the Revised Code, bring an action in the court of common pleas to enjoin the violation. Upon a proper showing, a temporary restraining order, or a preliminary or permanent injunction shall be granted without bond. The court may impose a penalty of not more than five thousand dollars for each day of violation of a temporary restraining order or preliminary or permanent injunction issued under this section.
(2) Use all the powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code to enforce sections 1333.91 to 1333.94 of the Revised Code.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.95 | Additional Remedies.

Effective:
September 27, 1974
Latest Legislation:
House Bill 609 - 110th General Assembly
The remedies in sections 1333.91 to 1333.95 of the Revised Code are in addition to remedies otherwise available.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1333 | Trade Practices › Section 1333.99 | Penalty.

Effective:
September 30, 2011
Latest Legislation:
House Bill 86 - 129th General Assembly
(A) Whoever violates sections 1333.01 to 1333.04 of the Revised Code is guilty of a minor misdemeanor.
(B) Whoever violates section 1333.12 or 1333.71 of the Revised Code is guilty of a misdemeanor of the fourth degree.
(C) Whoever violates section 1333.36 of the Revised Code is guilty of a misdemeanor of the third degree.
(D) A prosecuting attorney may file an action to restrain any person found in violation of section 1333.36 of the Revised Code. Upon the filing of such an action, the common pleas court may receive evidence of such violation and forthwith grant a temporary restraining order as may be prayed for, pending a hearing on the merits of said cause.
(E) Whoever violates division (A)(1) of section 1333.52 or section 1333.81 of the Revised Code is guilty of a misdemeanor of the first degree.
(F) Whoever violates division (A)(2) or (B) of section 1333.52 of the Revised Code is guilty of a misdemeanor of the second degree.
(G) Except as otherwise provided in this division, whoever violates section 1333.92 of the Revised Code is guilty of a misdemeanor of the first degree. If the value of the compensation is one thousand dollars or more and less than seven thousand five hundred dollars, whoever violates section 1333.92 of the Revised Code is guilty of a felony of the fifth degree. If the value of the compensation is seven thousand five hundred dollars or more and less than one hundred fifty thousand dollars, whoever violates section 1333.92 of the Revised Code is guilty of a felony of the fourth degree. If the value of the compensation is one hundred fifty thousand dollars or more, whoever violates section 1333.92 of the Revised Code is guilty of a felony of the third degree.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.04 | Seller to Establish Surety Bond or Establish Trust Account.

Effective:
September 10, 1991
Latest Legislation:
House Bill 151 - 119th General Assembly
(A) If, pursuant to division (H) of section 1334.03 of the Revised Code, a seller is required to obtain a surety bond or establish a trust account, the bond or trust account required shall be in favor of the state for the benefit of any purchaser who is damaged by a violation of, or by the seller's breach of an agreement subject to, sections 1334.01 to 1334.15 of the Revised Code. The surety bond shall be issued by a surety company authorized to do business in this state. A trust account shall be established and maintained in this state.
(B) Any person claiming against the bond or trust account may maintain an action against the seller and the surety or trustee, except that the surety or trustee shall be liable only for actual damages. The aggregate liability of the surety or trustee to all purchasers shall not exceed the amount of the bond or trust account.
(C) A seller shall establish the bond or trust account in an amount of not less than fifty thousand dollars at the commencement of business for the first six months. By the tenth day of the seller's seventh month in business, the bond or trust account shall be adjusted so that it is in an amount equal to the total amount of the initial payments and promissory notes required by all agreements the seller has entered into in this state during the previous six months, in connection with which the seller has represented that there is a buy-back arrangement or that the purchaser's initial payment or promissory note is secured in any manner. Thereafter, the amount shall be similarly adjusted semiannually, no later than the tenth day of the first month of the seller's fiscal year and no later than the tenth day of the seventh month of the seller's fiscal year. A seller may reduce the amount of the bond or trust account by the amount of the initial payment or promissory note required by any agreement under which the term of a buy-back or security arrangement has expired. In no event shall the amount of the bond or trust account be less than ten thousand dollars.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.05 | Right to Cancel.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
(A) In addition to any other right or remedy available to a purchaser under sections 1334.01 to 1334.15 of the Revised Code, a purchaser has the right to cancel an agreement selling or leasing to the purchaser a business opportunity plan, in accordance with the following conditions:
(1) If the seller complies with divisions (A)(7), (B), and (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement at any time before midnight of the fifth business day after the day on which the purchaser signs the agreement.
(2) If the seller has failed to comply with division (A)(7), (B), or (C) of section 1334.06 of the Revised Code, the purchaser may cancel the agreement any time within twelve months after the day on which the purchaser signs the agreement.
(B) Cancellation under this section is evidenced by the purchaser giving written notice of cancellation to the seller at the address stated in the agreement. The purchaser may deliver the notice by regular mail, electronic mail, facsimile transmission, telegram, manual delivery, or other personal delivery. Notice of cancellation given by a purchaser need not take a particular form and is sufficient if it indicates in writing the intent of the purchaser not to be bound. Notice of cancellation sent by regular mail is effective upon the date of postmark. Notice sent by electronic mail or facsimile is effective when successfully transmitted. Telegram delivery is effective when the telegram is ordered. Manual delivery or other personal delivery is effective when delivered to the seller or to the seller's address, whichever is first.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.07 | Attorney General Investigations.

Effective:
October 25, 1979
Latest Legislation:
Senate Bill 37 - 113th General Assembly
If by his own inquiries, or as a result of complaints, the attorney general has reasonable cause to believe that a seller or broker has engaged, is engaging, or is threatening to engage in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code, he may investigate. For this purpose the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of relevant matter. If matter that the attorney general requires to be produced is located outside the state, he may designate representatives, including officials of the state in which the matter is located, to inspect the matter on his behalf, and he may respond to similar requests from officials of other states. The person subpoenaed may make the matter available to the attorney general at a convenient location within the state or pay the reasonable and necessary expenses for the attorney general or his representative to examine the matter at the place where it is located. However, expenses shall not be charged to a party not subsequently found to have engaged in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code.
(B) Within twenty days after a subpoena has been served, a motion to extend the return day, or to modify or quash the subpoena, stating good cause, may be filed in the court of common pleas of Franklin county or the court of common pleas of the county in this state in which the person served resides or has his principal place of business.
(C) A person subpoenaed under this section shall comply with the terms of the subpoena, unless the parties agree to modify the terms of the subpoena or unless the court has modified or quashed the subpoena, extended the return day of the subpoena, or issued any other order with respect to the subpoena prior to its return day.
If a person fails without lawful excuse to obey a subpoena or to produce relevant matter, the attorney general may apply to the court of common pleas of the county in which the person subpoenaed resides or has his principal place of business for an order compelling compliance.
(D) The attorney general may request that an individual who refuses to testify or to produce relevant matter on the ground that the testimony or matter may incriminate him be ordered by the court to provide the testimony or matter. With the exception of a prosecution for perjury and an action for damages under sections 1334.01 to 1334.15 of the Revised Code, an individual who complies with a court order to provide testimony or matter, after asserting a privilege against self-incrimination to which he is entitled by law, shall not be subjected to a criminal proceeding on the basis of the testimony or matter required to be disclosed or testimony or matter discovered through that testimony or matter.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.09 | Action for Rescission and Damages.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
(A) For a violation of sections 1334.01 to 1334.15 of the Revised Code, a purchaser has a cause of action and may seek either or both of the following:
(1) In an individual action:
(a) Rescind the agreement by giving written notice to the seller within three years of the date of the agreement and recover all sums paid to the seller, less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller;
(b) If the purchaser is found to have been damaged, recover up to three times the amount of actual damages or ten thousand dollars, whichever is greater.
(2) Recover damages or other appropriate relief in a class action under Civil Rule 23, as amended.
(B) The court may award to the prevailing party a reasonable attorney fee limited to the work reasonably performed, if either of the following apply:
(1) The purchaser complaining of the act or practice that violated sections 1334.01 to 1334.15 of the Revised Code has brought or maintained an action that is groundless and the purchaser brought or maintained the action in bad faith;
(2) The seller or broker committed an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code.
(C) Upon receipt by a purchaser of the consideration paid to a seller, or a seller's affiliates, or both, pursuant to division (A)(1)(a) of this section, the purchaser shall make available to the seller, at a reasonable time and place, the goods received by the purchaser. However, a purchaser is not entitled to unjust enrichment by exercising the rights provided by this section.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.10 | Jurisdiction.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
(A) The courts of common pleas, and municipal or county courts within their respective monetary jurisdiction, have jurisdiction over any seller or broker with respect to any act or practice covered by sections 1334.01 to 1334.15 of the Revised Code, or with respect to any claim arising from the sale or lease of a business opportunity plan subject to such sections.
(B) A final judgment against a seller or broker under sections 1334.01 to 1334.15 of the Revised Code is admissible as prima-facie evidence of the facts upon which it is based in subsequent proceedings under sections 1334.01 to 1334.15 of the Revised Code against the same seller or broker or their successors or assigns.
(C) No action under sections 1334.01 to 1334.15 of the Revised Code may be brought to recover for a transaction more than five years after either the occurrence of the violation or the date on which the parties executed the agreement selling or leasing the business opportunity plan, whichever is earlier.
(D) In any case arising under section 1334.08 or 1334.09 of the Revised Code, if a seller or broker shows by a preponderance of the evidence that a violation, or failure to meet the requirements of the exemption provided for in section 1334.13 of the Revised Code, resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adopted to avoid the error, no civil penalties shall be imposed against the seller or broker under division (D) of section 1334.08 of the Revised Code, no party shall be awarded attorney's fees under division (B) of section 1334.09 of the Revised Code, and monetary recovery shall not exceed the amount of actual damages resulting from the violation. In addition, a purchaser may, in an action brought within one year after the date on which the agreement selling or leasing the business opportunity plan was executed, recover all sums paid to the seller less the fair market value, at the time of delivery, of any goods supplied by the seller that are not returned to the seller.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.11 | Defenses.

Effective:
August 19, 1994
Latest Legislation:
Senate Bill 147 - 120th General Assembly
Notwithstanding section 1303.35 of the Revised Code, a purchaser who executes an agreement selling or leasing to him a business opportunity plan or a note in connection with such an agreement 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 purchaser may assert against the seller of the business opportunity plan.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.13 | Certain Franchising Transactions Exempted.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
Except for division (H) of section 1334.03 and section 1334.04 of the Revised Code, sections 1334.01 to 1334.15 of the Revised Code do not apply to:
(A) Any transaction that complies in all material respects with the trade regulation rule of the federal trade commission, "disclosure requirements and prohibitions concerning franchising," 16 C.F.R. 436.1 et seq., as may be amended from time to time, that is in effect on the date of the transaction;
(B) Any transaction that complies in all material respects with the trade regulation rule of the federal trade commission, "disclosure requirements and prohibitions concerning business opportunities," 16 C.F.R. 437.1 et seq., as may be amended from time to time, that is in effect on the date of the transaction.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.14 | Burden of Proof.

Effective:
October 25, 1979
Latest Legislation:
Senate Bill 37 - 113th General Assembly
In any case arising under section 1334.08 or 1334.09 of the Revised Code, the burden of proving an exemption or exception from section 1334.12 or 1334.13 of the Revised Code is upon the person who claims the exemption or exception.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.15 | Legislative Intent; Remedies; Waiver.

Effective:
September 28, 2012
Latest Legislation:
Senate Bill 196 - 129th General Assembly
(A) The general assembly declares that the offer and sale of business opportunity plans is a matter affected with a public interest. The general assembly further declares that it is the intent of this chapter to protect prospective purchasers of business opportunity plans by requiring that sellers provide the purchasers with the information necessary to make an intelligent decision about the business opportunity plan being offered, and that this chapter represents a fundamental public policy for this state.
(B) The remedies of sections 1334.01 to 1334.15 of the Revised Code are in addition to remedies otherwise available for the same conduct under federal, state, or local law. Any waiver by a purchaser of sections 1334.01 to 1334.15 of the Revised Code or any venue or choice of law provision that deprives a purchaser who is an Ohio resident of the benefit of those sections is contrary to public policy and is void and unenforceable.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1334 | Business Opportunity Plans › Section 1334.99 | Penalty.

Effective:
July 1, 1996
Latest Legislation:
Senate Bill 2 - 121st General Assembly
Whoever violates sections 1334.02 to 1334.06 of the Revised Code is guilty of a misdemeanor of the first degree.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1335 | Statute of Frauds › Section 1335.04 | Interest in Land to Be Granted in Writing.

Effective:
October 1, 1953
Latest Legislation:
House Bill 1 - 100th General Assembly
No lease, estate, or interest, either of freehold or term of years, or any uncertain interest of, in, or out of lands, tenements, or hereditaments, shall be assigned or granted except by deed, or note in writing, signed by the party assigning or granting it, or his agent thereunto lawfully authorized, by writing, or by act and operation of law.
2023 Ohio Revised Code › Title 13 | Commercial Transactions › Chapter 1335 | Statute of Frauds › Section 1335.05 | Certain Agreements to Be in Writing.

Effective:
July 1, 1976
Latest Legislation:
House Bill 1426 - 111th General Assembly
No action shall be brought whereby to charge the defendant, upon a special promise, to answer for the debt, default, or miscarriage of another person; nor to charge an executor or administrator upon a special promise to answer damages out of his own estate; nor to charge a person upon an agreement made upon consideration of marriage, or upon a contract or sale of lands, tenements, or hereditaments, or interest in or concerning them, or upon an agreement that is not to be performed within one year from the making thereof; unless the agreement upon which such action is brought, or some memorandum or note thereof, is in writing and signed by the party to be charged therewith or some other person thereunto by him or her lawfully authorized.
No action shall be brought to charge a person licensed by Chapter 4731. of the Revised Code to practice medicine or surgery, osteopathic medicine or surgery, or podiatric medicine and surgery in this state, upon any promise or agreement relating to a medical prognosis unless the promise or agreement is in writing and signed by the party to be charged therewith.