reglab/statecodes huggingface dataset:
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-1 - General Provisions › Section 109:4-1-12 - Notice of public meetings

Current through all regulations passed and filed through July 1, 2024
(A) This rule is adopted by the office of the
			 attorney general, consumer protection section, pursuant to section
			  119.03  of the Revised Code, and
			 in compliance with section
			  121.22  of the Revised
			 Code.
(B) Any person may obtain
			 reasonable notification of the time and place of all regularly scheduled
			 meetings and the time, place, and purpose of all special meetings which are
			 held by the office of the attorney general, consumer protection section, for
			 the purpose of conducting public hearings pursuant to division (B)(1) of
			 section  1345.05  of the Revised Code by
			 requesting such advance notification from the "Administrative Division of the
			 Consumer Protection Section, Office of the Attorney General,
			 Rhodes State Office Tower, Columbus, Ohio 43215."
			 Such request shall be in writing and include self-addressed, stamped envelopes.
			 Notice of the time, place and type of business to be discussed at the meeting
			 will be mailed to such persons at least four calendar days before the meeting
			 unless the meeting is an emergency meeting.
(C) Any representative of the news media may
			 obtain twenty-four hours advance notification of a special meeting which is to
			 be held for the purpose of conducting public hearings pursuant to division
			 (B)(1) of section  1345.05  of the Revised Code by
			 requesting such advance notification from the administrative division of the
			 consumer protection section. Such request shall be in writing and include the
			 proper name of the recipient of such notification, the mailing address and
			 telephone number.
(D) Any
			 representative of the news media may obtain immediate notification of the time,
			 place and purpose of any emergency meeting of the office of the attorney
			 general, consumer protection section, which is to be held for the purpose of
			 conducting public hearings pursuant to division (B)(1) of section
			  1345.05  of the Revised Code by
			 requesting such advance notification from the administrative division of the
			 consumer protection section. Such request shall be in writing and include the
			 proper name of the recipient of such notification, the mailing address and
			 telephone number.
Effective:
				6/9/2014
R.C.
				119.032 review dates:
				03/20/2014 and
				05/29/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.05
Rule
				Amplifies: 1345.05
Prior
				Effective Dates: 12-11-77, 6-15-98
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-1 - General Provisions › Section 109:4-1-13 - Severability

Current through all regulations passed and filed through July 1, 2024
Each division of this rule and every part of each division is
				an independent division and part of a division, and the holding of any division
				or part thereof to be unconstitutional, void or ineffective for any cause,
				including failure to comply with Chapter 119. of the Revised Code, shall not
				affect the validity or constitutionality of any other division or part.
Five Year Review (FYR) Dates:
				10/08/2014 and
				10/08/2019
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.05
Rule
				Amplifies: 1345.05
Prior
				Effective Dates: 12/11/1977,
				10/18/2009
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-01 - Construction and purpose of rules; severability; definitions

Current through all regulations passed and filed through July 1, 2024
(A) Purposes, rules
			 of construction
(1) These substantive rules
			 (rule 109:4-3-01 of  the Administrative Code, etc.) are adopted by the office of the attorney general
			 pursuant to division (B) of section
			  1345.05  and Chapter 119. of the
			 Revised Code. Without limiting the scope of any section of the Revised Code or
			 any other rule, these rules shall be liberally construed and applied to promote
			 their purposes and policies.
(2)
			 The purposes and policies of these rules are to:
(a) Define with reasonable specificity acts
			 and practices which violate section
			  1345.02  or
			  1345.03, or
			  1345.031  of the Revised Code;
(b) Protect consumers from
			 suppliers who engage in referral selling, commit deceptive acts or practices,
			 or commit unconscionable acts or practices;
(c) Encourage the development of fair
			 consumer sales practices.
(3) Any substantive rules adopted by the
			 office of the attorney general pursuant to division (B) of section
			  1345.05  and Chapter 119. of the
			 Revised Code are subject to all remaining provisions of Chapter 1345. of the
			 Revised Code, including, without limitation, the bona fide error provisions of
			 division (A) of section
			  1345.11  of the Revised Code.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-03 - Bait advertising/unavailability of goods

Current through all regulations passed and filed through July 1, 2024
(A) Definitions: For the purposes of this
			 rule, the following definitions shall apply:
(1) "Raincheck" means a written document
			 evidencing a consumer's entitlement to purchase advertised items at an
			 advertised price within the time limits set forth in paragraph (C) of this
			 rule. Rainchecks shall be executed in duplicate, one copy being given to the
			 consumer and one copy being kept by the issuing supplier, and shall contain at
			 least the following information:
(a) The name
			 and address of the supplier;
(b)
			 The name, address and phone number of the consumer;
(c) A description of the item to be
			 purchased, including the model, make and year, if relevant;
(d) The quantity entitled to be purchased by
			 the consumer;
(e) The advertised
			 price of the item;
(f) The date of
			 issuance.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-05 - Repairs or services

Current through all regulations passed and filed through July 1, 2024
(A) It shall be a deceptive act or practice
			 in connection with a consumer transaction involving the performance of either
			 repairs or any service where the anticipated cost exceeds twenty-five dollars
			 and there has been face to face contact between the consumer or the consumer's
			 representative and the supplier or the supplier's representative, prior to the
			 commencement of the repair or service for a supplier to:
(1) Fail, at the time of the initial face to
			 face contact and prior to the commencement of any repair or service, to provide
			 the consumer with a form which indicates the date, the identity of the
			 supplier, the consumer's name and telephone number, the reasonably anticipated
			 completion date and, if requested by the consumer, the anticipated cost of the
			 repair or service. The form shall also clearly and conspicuously contain the
			 following disclosures in substantially the following language:
"Estimate
You have the right to an estimate if the expected cost of
				repairs or  services will be more than
				twenty-five dollars. Initial your choice:
_____ written estimate
_____ oral estimate
_____ no estimate"
(2) Fail, where no portion of a repair or
			 service is to be performed at the consumer's residence, to post a sign in a
			 conspicuous place within that area of the supplier's place of business to which
			 consumers requesting any repair or service are directed by the supplier or to
			 give the consumer a separate form at the time of the initial face to face
			 contact and prior to the commencement of any repair or service which clearly
			 and conspicuously contains the following language:
"Notice
If the expected cost of a repair or service is more than
				twenty-five dollars, you have the right to receive a written estimate, oral
				estimate, or you can choose to receive no estimate before we begin work. Your
				bill will not be higher than the estimate by more than five dollars or ten per
				cent, whichever is greater, unless you approve a larger amount before repairs
				are finished. Ohio law requires us to give you a form so that you can choose
				either a written, oral, or no estimate."
(3) Fail, where a consumer requests a written
			 estimate of the anticipated cost of repairs or services, to make a bona fide
			 effort during the initial face to face contact to provide the written estimate
			 on the form required by paragraph (A)(1) of this rule;
(4) Fail, where a consumer requests a written
			 or oral estimate, to give the estimate to the consumer before commencing the
			 repair or service.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-06 - Prizes

Current through all regulations passed and filed through July 1, 2024
(A) It shall be a
			 deceptive act or practice in connection with a consumer transaction for a
			 supplier to in any way notify any consumer or prospective consumer that the
			 consumer has
(1) Won a prize or will receive
			 anything of value, or
(2) Been
			 selected, or is eligible, to win a prize or receive anything of value, if the
			 receipt of the prize or thing of value is conditioned upon the consumer's
			 listening to or observing a sales promotional effort or entering into a
			 consumer transaction, unless the supplier clearly and conspicuously discloses,
			 at the time of notification of the prize, that an attempt will be made to
			 induce the consumer or prospective consumer to undertake a monetary obligation
			 irrespective of whether that obligation constitutes a consumer transaction. The
			 supplier must further disclose the market value of the prize or thing of value,
			 that the prize or thing of value could not benefit the consumer or prospective
			 consumer without the expenditure of the consumer's or prospective consumer's
			 time or transportation expense, or that a salesperson will be visiting the
			 consumer's or prospective consumer's residence, if such is the case.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-07 - Deposits

Current through all regulations passed and filed through July 1, 2024
It shall be a deceptive act or practice in connection with a
				consumer transaction for a supplier to accept a deposit unless the following
				conditions are met:
(A) The deposit
			 obligates the supplier to refrain for a specified period of time from offering
			 for sale to any other person the goods in relation to which the deposit has
			 been made by the consumer if such goods are unique; provided that a supplier
			 may continue to sell or offer to sell goods on which a deposit has been made if
			 he has available sufficient goods to satisfy all consumers who have made
			 deposits;
(B) At the time of the
			 initial deposit the supplier must provide to the consumer a dated written
			 receipt stating clearly and conspicuously the following information:
(1) Description of the goods and/or services
			 to which the deposit applies, (including model, model year, when appropriate,
			 make, and color);
(2) The cash
			 selling price and the amount of the deposit. "Cash selling price", for purpose
			 of this rule, as it relates to motor vehicle transactions, includes all
			 discounts, rebates and incentives;
(3) Allowance on the goods to be traded in or
			 other discount, if any;
(4) Time
			 during which any option given is binding;
(5) Whether the deposit is refundable and
			 under what conditions, provided that no limitation on refunds in a layaway
			 arrangement may be made except as provided by sections
			  1317.21  to
			  1317.23  of the Revised Code; and
(6) Any additional costs such as
			 storage, assembly or delivery charges.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-08 - New for used

Current through all regulations passed and filed through July 1, 2024
(A) Except as provided for in paragraphs (C)
			 and (D) of this rule, it shall be a deceptive act or practice in connection
			 with a consumer transaction for a supplier to represent, directly or
			 indirectly, that an item of goods, or that any part of an item of goods, is new
			 or unused when such is not the fact, to misrepresent the extent of previous use
			 thereof, or to fail to make clear and conspicuous disclosure, prior to time of
			 offer, to the consumer or prospective consumer that an item of goods has been
			 used.
(B) For the purposes of this
			 rule, "used" shall include used, rebuilt, remanufactured, or reconditioned
			 goods or parts of an item of goods.
(C) For the purposes of this rule, returned
			 goods, which have not been used by a previous purchaser, shall be considered
			 new or unused.
(D) It shall be a
			 deceptive act or practice in connection with a consumer transaction for a
			 supplier of motor vehicles who has legally operated a motor vehicle as a
			 demonstrator, without titling it to the supplier's name, to sell the motor
			 vehicle unless a clear and conspicuous disclosure is made in writing on the
			 final document evidencing the sale to the consumer or prospective consumer that
			 the motor vehicle has been operated as a demonstrator.
(E) The disclosure that an item of goods has
			 been used or contains used parts as required by paragraph (A) of this rule may
			 be made by use of words such as, but not limited to, "used," "second hand,"
			 "repaired," "remanufactured," "reconditioned," "rebuilt," or "relined,"
			 whichever is applicable to the item of goods involved.
Five Year Review (FYR) Dates:
				03/17/2015 and
				03/12/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.05
Rule
				Amplifies: 1345.02
Prior
				Effective Dates: (former COcp-3- 01.08 ); Eff 6-5-73;
				3-14-2005
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-09 - Failure to deliver; substitution of goods or services

Current through all regulations passed and filed through July 1, 2024
(A) It shall be a deceptive act or practice
			 in connection with a consumer transaction for a supplier:
(1) To advertise or promise prompt delivery
			 unless, at the time of the advertisement, the supplier has taken reasonable
			 action to insure prompt delivery;
(2) To accept money from a consumer for goods
			 or services ordered by mail, telephone, the
			 internet, or otherwise and then permit eight weeks to elapse without:
(a) Making shipment or delivery of the goods
			 or services ordered;
(b) Making a
			 full refund;
(c) Advising the
			 consumer of the duration of an extended delay and offering to send the consumer
			 a refund within two weeks if the consumer so requests; or
(d) Furnishing similar goods or services of
			 equal or greater value as a good faith substitute if the consumer
			 agrees.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-10 - Substantiation of claims in advertising

Current through all regulations passed and filed through July 1, 2024
It shall be a deceptive act or practice in connection with a
				consumer transaction for a supplier to:
(A) Make any representations, claims, or
			 assertions of fact, whether orally or in writing, which would cause a
			 reasonable consumer to believe such statements are true, unless, at the time
			 such representations, claims, or assertions are made, the supplier possesses or
			 relies upon a reasonable basis in fact such as factual, objective,
			 quantifiable, clinical or scientific data or other competent and reliable
			 evidence which substantiates such representations, claims, or assertions of
			 fact; or
(B) Fail, upon the
			 written request of the attorney general or the attorney general's
			 representative, to produce within a reasonable time period specified, written
			 substantiating documentation, tests, studies, reports, or other data in the
			 possession of the supplier at or prior to the time that representations,
			 claims, or assertions are made about the supplier or the supplier's goods or
			 services.
Five Year Review (FYR) Dates:
				03/17/2015 and
				03/12/2020
Promulgated
				Under: 119.03
Statutory
				Authority: 1345.05
Rule
				Amplifies: 1345.02
Prior
				Effective Dates: Eff 9-17-88,
				3-14-2005
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-13 - Motor vehicle repairs or services

Current through all regulations passed and filed through July 1, 2024
(A) It shall be a deceptive act or practice
			 in connection with a consumer transaction involving the performance of either
			 repairs or any service upon a motor vehicle where the anticipated cost exceeds
			 fifty dollars and there has been face to face contact
			 at the supplier's place of business during the hours such repairs or services
			 are offered, between the consumer or his representative and the supplier or his
			 representative, prior to the commencement of the repair or service for a
			 supplier to:
(1) Fail, at the time of the
			 initial face to face contact and prior to the commencement of any repair or
			 service, to provide the consumer with a form which indicates the date, the
			 identity of the supplier, the consumer's name and telephone number, the
			 reasonably anticipated completion date and, if requested by the consumer, the
			 anticipated cost of the repair or service. The form shall also clearly and
			 conspicuously contain the following disclosures in substantially the following
			 language:
"Estimate You have the right to an estimate if the expected
				cost of repairs or services will be more than fifty
				dollars. Initial your choice:
_____ written estimate
_____ oral estimate
_____ no estimate"
(2) Fail to post a sign in a conspicuous
			 place within that area of the supplier's place of business to which consumers
			 requesting any repair or service are directed by the supplier or to give the
			 consumer a separate form at the time of the initial face to face contact and
			 prior to the commencement of any repair or service which clearly and
			 conspicuously contains the following language:
"Notice
If the expected cost of a repair or service is more than
				fifty
				dollars, you have the right to receive a written estimate, oral estimate,
				or you can choose to receive no estimate before we begin work. Your bill will
				not be higher than the estimate by more than ten per cent unless you approve a
				larger amount before repairs are finished. Ohio law requires us to give you a
				form so that you can choose either a written, oral, or no estimate."
(3) Fail, where a consumer
			 requests a written estimate of the anticipated cost of repairs or services, to
			 make a bona fide effort during the initial face to face contact to provide the
			 written estimate on the form required by paragraph (A)(1) of this
			 rule;
(4) Fail, where a consumer
			 requests a written or oral estimate, to give the estimate to the consumer
			 before commencing the repair or service.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-14 - Insulation

Current through all regulations passed and filed through July 1, 2024
(A) Definitions
(1) "Insulation" means, for purposes of this
			 rule, any material used primarily to retard or to resist heat flow, whether
			 mineral or organic, fibrous, cellular or reflective, or in rigid, semi-rigid,
			 flexible or loose-fill form.
(2)
			 "Manufacturer" means any supplier who processes any materials for the purpose
			 of making insulation.
(3)
			 "Installer" means any supplier who places or affixes, or contracts to place or
			 affix, insulation by any means in connection with a consumer transaction.
(4) "R-value" means resistance to
			 heat flow and is the reciprocal of thermal conductance.
(5) "ASTM" is the "American Society for
			 Testing and Materials."
(6)
			 "Label" means any information provided by a manufacturer either on or attached
			 to a package of insulation.
(7)
			 "Package" means a bag, drum, box, wrapping, or any container in which a
			 manufacturer provides insulation.
(8) "Vapor barrier" means any material used
			 to retard the migration of moisture vapor into building sections.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-17 - Distress sale

Current through all regulations passed and filed through July 1, 2024
(A) Definition.
Distress Sale. A "distress sale" is any sale which is described
				or represented either directly or indirectly by any term which would reasonably
				lead a consumer to believe that the offer of such goods, either by choice or
				necessity, has been occasioned by any of the following factors:
(1) Termination or discontinuance by the
			 supplier of all or any portion of the supplier's business;
(2) Loss or termination of lease;
(3) Liquidation of assets;
(4) Fire, smoke, water or other disaster,
			 regardless of cause;
(5)
			 Bankruptcy or receivership;
(6)
			 The financial condition of the supplier.
Distress sale does not include the sale of special purchase
				items, clearance items, or seasonal items as those terms are defined in rule 109:4-3-03 of  the Administrative Code.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-18 - Sale and labeling of gasoline which contains alcohol

Current through all regulations passed and filed through July 1, 2024
(A) For purposes of
			 this rule, the following definitions shall apply:
(1) "Alcohol" means a volatile flammable
			 liquid having the general formula
			 CnH2n+1OH used or sold for the
			 purpose of blending or mixing with gasoline for use in motor vehicles, and
			 commonly or commercially known or sold as an alcohol, including methanol.
(2) "Co-solvent" means an alcohol
			 or any other chemical with higher molecular weight than methanol which is
			 blended to prevent phase separation in gasoline.
(3) "Gasoline" means any fuel sold for use in
			 motor vehicles and commonly or commercially known or sold as gasoline whether
			 leaded or unleaded.
(4) "Maximum
			 percentage" means the highest amount by volume of methanol or co-solvent
			 permitted to be blended or mixed with gasoline in conformity with the
			 specifications established by the United States environmental protection agency
			 pursuant to section 211 of the Clean Air Act,
			  42 U.S.C. section 7545
									,   40 C.F.R. part 79  subpart A, 58 FR 65554, as amended Dec. 15, 1993.
(5) "Methanol" means methyl alcohol, a
			 flammable liquid having the formula CH3 OH used or sold
			 for the purpose of blending or mixing with gasoline for use in motor vehicles,
			 and commonly or commercially known or sold as methanol or methyl alcohol.
(6) "Motor vehicles" include all
			 vehicles, vessels, watercraft, engines, machines, or mechanical contrivances
			 that are propelled by internal combustion engines or motors.
(7) "Person" means an individual, sole
			 proprietorship, partnership, corporation, association or other legal entity.
(8) "Retail dealer" means any
			 person who owns, operates, controls, or supervises an establishment at which
			 gasoline is sold or offered for sale to the public.
(9) "Wholesale dealer" means any person
			 engaged in the sale of gasoline to others who the seller knows or has
			 reasonable cause to believe intends to resell the gasoline in the same or an
			 altered form to another.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-20 - Refinancing a low rate mortgage

Current through all regulations passed and filed through July 1, 2024
For purposes of division (B)(4) of section
				 1345.031  of the Revised Code:
(A) "The current yield on United
			 States treasury securities with a comparable maturity" means the yield as
			 reported by the Federal Reserve on the fifteenth day of the month immediately
			 preceding the month in which the application for the extension of credit is
			 obtained by the supplier, for a United States treasury security with a maturity
			 period equal to that of the consumer's existing loan, or for the United States
			 treasury security with the closest shorter maturity period in the event there
			 is no treasury security of an equal maturity period.
(B) "Discounted introductory rate" means an
			 interest rate that, by the terms of the mortgage loan agreement, will increase
			 at the expiration of the introductory time period or by the occurrence of a
			 specific triggering event to a specific higher interest rate but does not
			 include any mortgage loan agreement where the specific higher interest rate is
			 not known or determinable with certainty at the time of execution of the
			 mortgage loan.
(C) "A rate that
			 automatically steps up over time" means an interest rate that, by terms of the
			 mortgage loan agreement, will increase at known time intervals to a higher
			 specific interest rate but does not include any mortgage loan agreement where
			 the specific higher interest rate is not known or determinable with certainty
			 at the time of the execution of the mortgage loan.
(D) "The fully indexed rate" means the higher
			 interest rate that will be imposed after the expiration of the introductory
			 time period or by the occurrence of a specific triggering event for a mortgage
			 loan agreement in which the current interest rate is a discounted or less than
			 fully amortized interest rate.
(E)
			 "The fully stepped-up rate" means the highest interest rate that will be
			 imposed after all automatic increases have occurred for a mortgage loan
			 agreement in which the current interest rate is a rate that will automatically
			 step-up over time.
Five Year Review (FYR) Dates:
				04/28/2017 and
				04/28/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(4)
Prior Effective Dates:
				1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-21 - Instructing consumer to ignore information

Current through all regulations passed and filed through July 1, 2024
For purposes of division (B)(5) of section
				 1345.031  of the Revised Code:
(A) "Instructing the consumer to
			 ignore the supplier's written information" includes, but shall not be limited
			 to, the supplier promising the consumer a specific interest rate or a specific
			 number or dollar amount of points that is lower than the interest rate or
			 points amount listed in the supplier's written information.
(B) The "dollar value of points" includes
			 points expressed as either a percentage figure or a specific dollar figure,
			 with "point" defined as a charge equal to one percent of either the principal
			 amount of a pre-computed or interest-bearing loan, or one percent of the
			 original credit line of an open-end loan.
Five Year Review (FYR) Dates:
				04/28/2017 and
				04/28/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(5)
Prior Effective Dates:
				1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-22 - Recommending default

Current through all regulations passed and filed through July 1, 2024
For purposes of division (B)(6) of section
				 1345.031  of the Revised Code,
				the phrase "recommending or encouraging a consumer to default" means to
				suggest, advise, instruct, or endorse that the consumer should fail to comply
				with any of the terms of a residential mortgage or any consumer transaction or
				revolving credit agreement.
Five Year Review (FYR) Dates:
				04/28/2017 and
				04/28/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(6)
Prior Effective Dates:
				1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-23 - Required disclosure at closing

Current through all regulations passed and filed through July 1, 2024
(A) Division (B)(8) of section
			  1345.031  of the Revised Code
			 states that no supplier shall fail to disclose to the consumer at the closing
			 of the consumer transaction that a consumer is not required to complete a
			 consumer transaction merely because the consumer has received prior estimates
			 of closing costs or has signed an application and should not close a loan
			 transaction that contains different terms and conditions than those the
			 consumer was promised.
(B) To
			 comply with division (B)(8) of section
			  1345.031  of the Revised Code, a
			 supplier must provide the notice attached to this rule as
			 appendix A, in writing, in duplicate, in at least
			 fourteen point type, signed and dated by the consumer before the consumer signs
			 any other document at the closing of the loan. Compliance with this provision
			 by any supplier required to provide the notice is deemed to constitute
			 compliance by all suppliers required to provide the notice.
(C) The supplier shall provide a copy of the
			 signed disclosure required under this rule to the consumer at the closing. In
			 the event there is more than one consumer who is a party to the residential
			 mortgage loan transaction, the supplier must obtain the signature of, and
			 provide a copy of, the signed disclosure required under this rule to each
			 consumer.
(D) The supplier shall
			 retain the original or a copy of the signed closing disclosure form required
			 under this rule in the consumer's loan file for a period of at least two years
			 from the date of closing, or as required by other applicable state or federal
			 law, whichever time period is greater. Records required to be retained under
			 this rule may be retained in an electronic format.
(E) The requirement that the supplier obtain
			 and retain the disclosure required under this rule cannot be waived.
Click to
				view Appendix
Effective:
				7/20/2017
Five Year Review (FYR) Dates:
				04/28/2017 and
				07/20/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(8)
Prior Effective Dates: 1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-24 - Improperly influencing appraiser

Current through all regulations passed and filed through July 1, 2024
(A) Division (B)(10) of section
			  1345.031  of the Revised Code
			 states that in connection with a consumer transaction, a supplier is prohibited
			 from knowingly compensating, instructing, inducing, coercing, or intimidating,
			 or attempting to compensate, instruct, induce, coerce, or intimidate, a person
			 licensed or certified under Chapter 4763. of the Revised Code for the purpose
			 of corrupting or improperly influencing the independent judgment of the person
			 with respect to the value of the dwelling offered as security for repayment of
			 a mortgage loan.
(B) Without
			 limiting the scope or applicability to other acts or practices that may violate
			 division (B)(10) of section
			  1345.031  of the Revised Code, a
			 supplier is "attempting to instruct or induce a person licensed or certified
			 under Chapter 4763. of the Revised Code for the purpose of improperly
			 influencing the independent judgment of that person with respect to the
			 valuation of the dwelling offered as security for repayment of a mortgage loan"
			 if:
(1) In the case of any refinance loan or
			 non-purchase second mortgage loan, a supplier, or any person acting at the
			 supplier's direction, identifies on the appraisal order form or communicates by
			 any other means to any person licensed or certified under Chapter 4763. of the
			 Revised Code, either the loan amount or any other express or implied statement
			 of the anticipated or desired appraisal valuation of the dwelling subject to
			 the appraisal; or,
(2) In the case
			 of any purchase money mortgage loan, including any second mortgage loan
			 connected to a sale transaction, a supplier or person acting at the supplier's
			 direction, except as set forth herein, identifies on the appraisal order form
			 or communicates by any other means to any person licensed or certified under
			 Chapter 4763. of the Revised Code, either the loan amount or any other express
			 or implied statement of the anticipated or desired appraisal valuation of the
			 dwelling subject to the appraisal. This prohibition does not preclude the
			 supplier, or a person acting at the direction of the supplier, from disclosing
			 either the sales price of the property or providing a copy of the sales
			 agreement to the person licensed or certified under Chapter 4763. of the
			 Revised Code. However, if the supplier knows that within the preceding thirty
			 days there had been a separate sales agreement between the buyer and seller
			 containing a lower sales price for the same property, the supplier shall
			 provide a copy of the prior sales agreement to the appraiser and append a copy
			 of the prior sales agreement to any appraisal the supplier provides to the
			 consumer, lender or anticipated purchaser of the note.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-25 - Debt collection agreements

Current through all regulations passed and filed through July 1, 2024
For purposes of division (B)(11) of section
				 1345.031  of the Revised Code,
				"debt collection agreement" means any debt cancellation, deferment, suspension
				or any similar product coverage (whether or not insurance under applicable
				law), written in connection with a residential mortgage, that provides for
				cancellation, deferment or suspension of all or part of the consumer's
				liability for the residential mortgage in the event of loss of life, health, or
				income, or in the case of accident, unless financed or calculated upon a
				monthly basis.
Five Year Review (FYR) Dates:
				04/28/2017 and
				04/28/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(11)
Prior Effective Dates:
				1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-26 - Reasonable, tangible net benefit

Current through all regulations passed and filed through July 1, 2024
(A) Division (B)(12) of section
			  1345.031  of the Revised Code
			 states that a supplier shall not knowingly or intentionally engage in the act
			 or practice of "flipping" a residential mortgage loan by making a residential
			 mortgage loan that refinances an existing residential mortgage loan when the
			 new loan does not have a reasonable, tangible net benefit to the consumer
			 considering all of the circumstances, including the terms of both the new and
			 refinanced loans, the cost of the new loan, and the consumer's circumstances.
			 "Reasonable tangible net benefit" is determined by a weighing of the relative
			 costs and benefits to the consumer of replacing the consumer's existing loan
			 with the new loan under the totality of the circumstances.
(B) The phrase "terms of both the new and
			 refinanced loan" includes, but shall not be limited to, the monthly payment,
			 the interest rate, the interest rate type (i.e., adjustable or fixed), the loan
			 duration, the mortgage product type, the loan amount, any prepayment penalty,
			 and any required insurance.
(C)
			 The phrase "cost of the new loan" includes, but shall not be limited to, all
			 paid or financed points and fees, all broker compensation paid, directly or
			 indirectly, in connection with the new loan, any prepayment penalty paid on the
			 consumer's existing loan in connection with the refinancing, and any other
			 closing costs disclosed on the HUD-1 settlement statement for the new loan that
			 were paid or financed by the consumer.
(D) The phrase "all of the circumstances" may
			 include, but shall not be limited to, the amount of cash received by the
			 consumer in excess of and in relation to the fees and costs of the refinancing,
			 the loan-to-value ratio of the new loan compared to the pre-existing loan, the
			 necessity of the consumer to comply with a court order, and the amount of time
			 that has lapsed between the new loan and the origination of the pre-existing
			 loan.
(E) All records, worksheets,
			 and supporting documentation used by the supplier in determining the
			 "reasonable, tangible net benefit" of a new loan that is a refinancing of the
			 consumer's existing loan shall be maintained by that supplier in the consumer's
			 loan file for each residential mortgage loan transaction for a period of at
			 least two years from the date of closing, or as required by other applicable
			 state or federal law, whichever time period is greater. Records required to be
			 maintained by this rule may be retained in an electronic format.
Five Year Review (FYR) Dates:
				04/28/2017 and
				04/28/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(12)
Prior Effective Dates:
				1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-28 - Unconscionable terms in home mortgage loans

Current through all regulations passed and filed through July 1, 2024
(A) Pursuant to division (C)(1) of section
			  1345.031  of the Revised Code,
			 any unconscionable arbitration clause, unconscionable clause requiring the
			 consumer to pay the supplier's attorney fees, or unconscionable liquidated
			 damages clause included in a mortgage loan contract is unenforceable.
(B) The basis for determining that
			 an arbitration clause is unconscionable shall be on grounds that exist at law
			 or in equity for the revocation of any contract.
(C) Mortgage loan contract clauses that are
			 unconscionable and unenforceable pursuant to division (C) of section
			  1345.031  of the Revised Code,
			 include, but shall not be limited to:
(1) An
			 arbitration clause that is not clearly and conspicuously disclosed to the
			 consumer;
(2) An arbitration
			 clause that limits, restricts or precludes the applicability of any rights or
			 remedies afforded the consumer under Chapter 1345. of the Revised Code;
(3) An arbitration clause that
			 provides for a limitation on actions of a shorter duration than provided for by
			 statute under state or federal law;
(4) An arbitration clause that fails to
			 provide the consumer with fair and reasonable access to discover and present
			 information, documents and other evidence necessary to support the consumer's
			 claim or defense;
(5) An
			 arbitration clause that requires that the arbitration decision remain
			 confidential;
(6) An arbitration
			 clause that fails to provide an appeal process for a decision on the basis that
			 the decision is arbitrary, capricious or contrary to law;
(7) A liquidated damages clause is
			 unconscionable unless fixing the amount of actual damages is impracticable or
			 extremely difficult, the amount selected represents a reasonable endeavor by
			 the supplier and consumer to estimate fair compensation for the loss sustained
			 by the breach described, and the amount is not a penalty. This provision does
			 not prohibit a supplier from imposing and collecting late payment fees and
			 check collection charges as permitted by law or from accelerating loan
			 repayment in conformity with division (B)(3) of section
			  1345.031  of the Revised Code;
(8) A mandatory attorney fee
			 clause that purports to bind the consumer to the payment of the supplier's
			 attorney fees or legal costs in connection with the supplier's claim that the
			 consumer has breached a term of the residential mortgage loan. This prohibition
			 does not preclude the supplier from requesting or receiving an award of
			 attorney fees or legal costs as a prevailing party in a civil action as
			 provided by law and ordered by a court.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-29 - Distribution and receipt of home mortgage loan informational document

Current through all regulations passed and filed through July 1, 2024
(A) Division (G) of
			 section  1345.05  of the Revised Code
			 requires that the "Informational Document" published by the attorney general in
			 accordance with division (A)(4) of section
			  1345.05  of the Revised Code
			 shall be made available for distribution to consumers who are applying for a
			 mortgage loan. An "Acknowledgement of Receipt" form shall be retained by the
			 lender, mortgage broker, and loan officer, as applicable, subject to review by
			 the attorney general and department of commerce.
(B) The supplier who takes the consumer's
			 mortgage loan application shall provide the required "Informational Document"
			 and "Acknowledgement of Receipt" form to the applying consumer, free of cost:
(1) At the time of application when the loan
			 application is submitted by the consumer in person; or,
(2) Within five business days after taking
			 the loan application if the loan is not submitted in person, i.e., via
			 internet, facsimile or telephone.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-30 - Limitation on advance payments

Current through all regulations passed and filed through July 1, 2024
(A) Division (B)(9) of section
			  1345.031  of the Revised Code
			 prohibits a supplier from arranging for or making a consumer transaction that
			 includes terms under which more than two periodic payments required under the
			 consumer transaction are consolidated and paid in advance from the loan
			 proceeds provided to the consumer.
(B) The provisions of division (B)(9) of
			 section  1345.031  of the Revised Code
			 shall not apply to any residential mortgage loan with a maturity of less than
			 one year, if the purpose of the loan is a "bridge" loan connected with the
			 acquisition or construction of a dwelling intended to become the consumer's
			 principal dwelling. However, this exemption shall not apply to a "covered loan"
			 as that term is defined under division (D) of section
			  1349.25  of the Revised Code, or
			 a mortgage under section 152(a) of the " Home Ownership and Equity Protection
			 Act of 1994," 108 Stat. 2190,
			  15 U.S.C. 1602(aa), as amended, and
			 the regulations adopted thereunder by the federal reserve board, as amended.
Five Year Review (FYR) Dates:
				04/28/2017 and
				04/28/2022
Promulgated
				Under:  119.03
Statutory
				Authority:  1345.05
Rule
				Amplifies:  1345.031(B)(9)
Prior Effective Dates:
				1/7/07
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-31 - Skill-based amusement games

Current through all regulations passed and filed through July 1, 2024
(A) Statement of Basis and Purpose:
It is a violation of Chapter 1345. of the Revised Code to
				represent, either explicitly or implicitly, a skill-based amusement machine as
				being legal when in fact it is illegal. Supplying an illegal slot machine while
				representing it to a consumer to be a "skill-based amusement machine" is an
				unfair and deceptive act or practice. Slot machines are defined by statute in
				Chapter 2915. of the Revised Code and these definitions, set forth below, are
				part of the basis for this rule defining an unfair and deceptive act or
				practice in a consumer transaction:
(1) Division (A) of section
			  2915.02  of the Revised Code
			 prohibits, among other things, any person from acquiring, possessing,
			 controlling or operating any gambling device for the purpose of engaging in
			 gambling as defined in divisions (A)(1), (A)(2), (A)(3) or (A)(4) of section
			  2915.02  of the Revised Code;
(2) Divisions (F)(3) and (F)(4) of
			 section  2915.01  of the Revised Code
			 include within the definition of a gambling device, a "slot machine, or other
			 apparatus designed for use in connection with a game of chance" and "any
			 equipment, device, apparatus, or paraphernalia specially designed for gambling
			 purposes";
(3) Division (VV)(1) of
			 section  2915.01  of the Revised Code
			 defines a slot machine as "[a]ny mechanical, electronic, video, or digital
			 device that is capable of accepting anything of value, directly or indirectly,
			 from or on behalf of a player who gives the thing of value in the hope of gain,
			 the outcome of which is determined largely or wholly by chance; or [a]ny
			 mechanical, electronic, video, or digital device that is capable of accepting
			 anything of value, directly or indirectly, from or on behalf of a player to
			 conduct or dispense bingo or a scheme or game of chance";
(4) Division (VV)(2) of section
			  2915.01  of the Revised Code
			 declares that skill-based amusement machines are not slot machines;
(5) Section
			  2915.03  of the Revised Code
			 prohibits the owner, lessee, or anyone having custody, control, or supervision
			 of any premises from using or occupying the premises for gambling in violation
			 of section  2915.02  of the Revised Code or
			 recklessly permitting the premises to be used or occupied for gambling in
			 violation of section  2915.02  of the Revised Code.
Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-4 - Dispute Resolution Programs for Settlement of New Motor Vehicle Warranty Disputes › Section 109:4-4-01 - Authority, construction and purposes of rules; severability; and definitions

Current through all regulations passed and filed through July 1, 2024
(A) Authority, rules of construction,
			 purposes
(1) This chapter is adopted by the
			 office of the attorney general of Ohio pursuant to division (A) of section
			  1345.77  and Chapter 119. of the
			 Revised Code.
(2) Without limiting
			 the scope of any section of the Revised Code or any other rule, this chapter
			 shall be liberally construed and applied to promote their purposes and
			 policies.
(3) The purposes and
			 policies of this chapter are to:
(a) Define
			 with reasonable specificity the qualifications for the certification of
			 informal dispute settlement programs for the resolution of new motor vehicle
			 warranty disputes between the consumer and the manufacturer or its agents.
(b) Encourage the establishment
			 and qualification of dispute resolution programs for settlement of new motor
			 vehicle warranty disputes.