Ohio Administrative Code › Title 109:4 - Consumer Protection › Chapter 109:4-3 - Deceptive Acts or Trade Practices in Connection with Consumer Transactions › Section 109:4-3-11 - Direct solicitations

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 any direct solicitation
			 sale for a supplier to do any of the following:
(1) Solicit a sale without clearly,
			 affirmatively, and expressly revealing at the time the supplier initially
			 contacts the consumer or prospective consumer, and before making any other
			 statement, asking any question, or entering the residence of the consumer or
			 prospective consumer, that the purpose of the contact is to effect a sale,
			 stating in general terms the goods or services the supplier has to offer,
			 provided that this paragraph shall not apply to solicitations by
			 mail;
(2) Represent that the
			 consumer or prospective consumer will receive a discount, rebate, or other
			 benefit for permitting the consumer or prospective consumer's home or other
			 property, real or personal, to be used as a so-called "model home" or "model
			 property" for demonstration or advertising purposes when such in fact is not
			 true;
(3) Represent that the
			 consumer or prospective consumer has been specially selected to receive a
			 bargain, discount, or other advantage when such in fact is not true;
(4) Represent that the consumer or
			 prospective consumer is a winner of a contest when such in fact is not
			 true;
(5) Fail to conform to the
			 requirements of sections
			  1345.21  to
			  1345.27, and
			  1345.99  of the Revised Code
			 relative to home solicitation sales or misrepresent in any manner, the
			 consumer's or prospective consumer's right to cancel provided for under such
			 sections, when such sections are applicable;
(6) Represent that the goods that are being
			 offered for sale cannot be purchased in any place of business, but only through
			 direct solicitation, when such in fact is not true;
(7) Represent that the salesperson,
			 representative, or agent has authority to negotiate the final terms of a
			 consumer transaction when such in fact is not true;
(8) Send a consumer a communication that the
			 supplier proposes to send goods to, or provide services for, the consumer,
			 which communication, goods or services the consumer has not expressly agreed in
			 advance to receive, and the consumer will be required to pay for those goods or
			 services unless the consumer communicates a refusal of the offered goods or
			 services;
(9) Send unordered goods
			 to a consumer accompanied by a communication that requires, or purports to
			 require, payment for the goods unless the consumer communicates a refusal to
			 accept the goods and/or returns the goods;
(10) Send unordered goods to, or perform
			 unordered services for, a consumer and then request payment for the provided
			 goods or services;
(11) Interrupt,
			 terminate, cancel, or deny delivery or provision of goods or services
			 previously contracted for to a consumer solely on the basis that the consumer
			 has not paid for or returned to the supplier goods or services which the
			 consumer has not ordered, requested or authorized from the
			 supplier;
(12) Make any attempt to
			 collect upon, assign or convey to any other person or entity, or report to any
			 credit reporting agency any claimed consumer debt related to unordered goods or
			 services provided to the consumer in violation of this rule.