Ohio § 1334.08

§ 1334.08.

(A) If the attorney general, by his own inquiries or as a result of complaints has reasonable

cause to believe that a person has engaged, is engaging, or threatening to engage

in an act or practice that violates sections 1334.01 to 1334.15 of the Revised Code , he may bring any of the following actions: (1) An action to obtain a declaratory judgment that the act or practice violates sections 1334.01 to 1334.15 of the Revised Code ; (2) An action to obtain a temporary restraining order, preliminary injunction, or permanent

injunction to restrain the act or practice.  If the attorney general shows by a preponderance of the evidence that a seller or

broker has violated, is violating, or is threatening to violate sections 1334.01 to 1334.15 of the Revised Code , the court may issue a temporary restraining order, preliminary injunction, or permanent

injunction to restrain the act or practice.  On motion of the attorney general, or on its own motion, the court may impose a

civil penalty of not more than ten thousand dollars for each violation of a temporary

restraining order, preliminary injunction, or permanent injunction issued under this

section.  The civil penalties shall be paid as provided in division (F) of this section. (3) A class action under Civil Rule 23 , as amended, on behalf of purchasers damaged by a violation of sections 1334.01 to 1334.15 of the Revised Code . (B) On motion of the attorney general and without bond, in an attorney general's action

under this section, the court may make appropriate orders, including appointment of

a referee or a receiver, for sequestration of assets, to reimburse purchasers found

to have been damaged, to carry out a transaction in accordance with a purchaser's

reasonable expectations, to strike or limit the application of unconscionable clauses

of agreements so as to avoid an unconscionable result, or to grant other appropriate

relief.  The court may assess the expenses of a referee or receiver against the seller or

broker found to be in violation. (C) Any money or property received by the attorney general in an action under this section

that cannot with due diligence within five years be restored by a referee to purchasers

shall be unclaimed funds reported under Chapter 169. of the Revised Code. (D) In addition to the other remedies provided in this section, the attorney general

may request and the court may impose a civil penalty of not more than five thousand

dollars against a seller or broker for each violation found by the court.  The court shall not impose civil penalties under this division that exceed, in the

aggregate, one hundred thousand dollars. (E) If a court determines that provision has been made for reimbursement or other appropriate

corrective action, insofar as practicable, with respect to all purchasers damaged

by a violation, or in any other appropriate case, the attorney general, with court

approval, may terminate enforcement proceedings brought by him upon acceptance of

an assurance from a seller or broker of voluntary compliance with sections 1334.01 to 1334.15 of the Revised Code , with respect to the alleged violation.  The assurance shall be filed with the court and entered as a consent judgment.  Disregard of the terms of a consent judgment entered upon an assurance shall be

treated as a violation of an injunction issued under this section. (F) Civil penalties ordered pursuant to divisions (A) and (D) of this section shall be

paid as follows:  one-fourth of the amount to the treasurer of the county in which

the action is brought and three-fourths to the treasurer of state to the credit of

the general revenue fund.