Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-15 - Motor vehicle rust inhibitors

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 represent that an
			 item of goods or a service will prevent, inhibit or retard rusting or corrosion
			 of any part of a motor vehicle if that representation is false.
(B) It shall be a deceptive act or practice
			 in connection with a consumer transaction involving an item of goods or a
			 service that a supplier represents will prevent, inhibit or retard rusting or
			 corrosion of any part of a motor vehicle for a supplier to use the term
			 "rustproofing" in connection with the advertising, the promotion or sale of any
			 such item of goods or a service unless the supplier guarantees that the item of
			 goods or the service will prevent rust or corrosion and agrees in writing to
			 indemnify a consumer who purchases such an item of goods or a service for the
			 actual cost of repairing damage caused by rusting or corrosion of any part of a
			 motor vehicle to which the item of goods or a service has been
			 applied.
(C) It shall be a
			 deceptive act or practice in connection with a consumer transaction involving
			 an item of goods or service that a supplier warrants to prevent, inhibit or
			 retard rusting or corrosion of any part of a motor vehicle for the supplier:
(1) To fail to inform the consumer clearly
			 and conspicuously in writing of all of the terms of any written warranty prior
			 to the time when the consumer enters into a contract for the purchase of any
			 such item of goods or a service;
(2) To fail to honor a warranty claim of a
			 consumer on the basis that the consumer delayed in reporting rust or corrosion
			 to the supplier unless the supplier's time limitation for the presentation of
			 claims is set forth clearly and conspicuously in writing in the
			 warranty;
(3) To fail to repair
			 rust or corrosion damage on the basis that the supplier believes that damage
			 has not become extensive enough to repair;
(4) To fail to honor a warranty claim of a
			 consumer on the basis that the item of goods or the service was provided
			 improperly when the supplier has authorized the person who provided the item of
			 goods or the service to the consumer to issue a warranty on behalf of the
			 supplier;
(5) To fail to honor an
			 otherwise valid warranty claim on the basis that the cost of repairing an area
			 damaged by rust or corrosion is excessive or unreasonable unless the warranty
			 itself expressly reserves to the supplier the right to limit the supplier's
			 obligation in this manner;
(6) To
			 refuse to replace rusted or corroded areas when the supplier's warranty
			 obligates the supplier to make repairs to such areas and methods of repair
			 other than replacement of the rusted or corroded area will not restore the
			 rusted or corroded area to substantially the same condition as it was in prior
			 to being damaged by rust or corrosion;
(7) To fail to honor a warranty claim on the
			 basis that the supplier previously has allowed a different claim on the same
			 warranty, unless a limitation on the number of claims is set forth clearly and
			 conspicuously in writing in the warranty;
(8) To fail to inspect a motor vehicle within
			 thirty days of receiving a consumer's warranty claim for rust or corrosion
			 damage, provided that the consumer makes the motor vehicle available for
			 inspection within that period. Presentation of a claim to a supplier's
			 authorized or franchised dealer or distributor shall constitute receipt by the
			 supplier. The supplier shall provide for inspection of the motor vehicle at a
			 place within the county where the consumer resides, or where the consumer
			 purchased the supplier's goods or services;
(9) To fail to notify a consumer in writing
			 within ten business days of inspecting the consumer's motor vehicle for rust or
			 corrosion damage whether the consumer's warranty claim will be allowed or
			 denied. If a claim is denied, the specific reason for that denial shall be
			 stated in writing. For purposes of this rule, notification is effective upon
			 mailing the supplier's determination on the claim to the last address supplied
			 to the supplier by the consumer or upon personal delivery to the
			 consumer;
(10) To fail to honor a
			 warranty claim because the person who issued the warranty to the consumer on
			 behalf of the supplier provided the consumer with an incorrect
			 warranty;
(11) Who applies the item
			 of goods to any part of a consumer's automobile to fail to provide the
			 consumer, in advance of the application, with a written or pictorial
			 description of the specific areas of the automobile to which the item of goods
			 will be applied.