Ohio § 1345.01

§ 1345.01.

As used in sections 1345.01 to 1345.13 of the Revised Code : (A) “ Consumer transaction ” means a sale, lease, assignment, award by chance, or other transfer of an item of

goods, a service, a franchise, or an intangible, to an individual for purposes that

are primarily personal, family, or household, or solicitation to supply any of these

things.  “Consumer transaction” does not include transactions between persons, defined in sections 4905.03 and 5725.01 of the Revised Code , and their customers, except for transactions involving a loan made pursuant to sections 1321.35 to 1321.48 of the Revised Code and transactions in connection with residential mortgages between loan officers,

mortgage brokers, or nonbank mortgage lenders and their customers;  transactions involving

a home construction service contract as defined in section 4722.01 of the Revised Code ;  transactions between certified public accountants or public accountants and their

clients;  transactions between attorneys, physicians, or dentists and their clients

or patients;  and transactions between veterinarians and their patients that pertain

to medical treatment but not ancillary services. (B) “ Person ” includes an individual, corporation, government, governmental subdivision or agency,

business trust, estate, trust, partnership, association, cooperative, or other legal

entity. (C) “ Supplier ” means a seller, lessor, assignor, franchisor, or other person engaged in the business

of effecting or soliciting consumer transactions, whether or not the person deals

directly with the consumer.  If the consumer transaction is in connection with a residential mortgage, “supplier”

does not include an assignee or purchaser of the loan for value, except as otherwise

provided in section 1345.091 of the Revised Code .  For purposes of this division, in a consumer transaction in connection with a residential

mortgage, “ seller ” means a loan officer, mortgage broker, or nonbank mortgage lender. (D) “ Consumer ” means a person who engages in a consumer transaction with a supplier. (E) “ Knowledge ” means actual awareness, but such actual awareness may be inferred where objective

manifestations indicate that the individual involved acted with such awareness. (F) “ Natural gas service ” means the sale of natural gas, exclusive of any distribution or ancillary service. (G) “ Public telecommunications service ” means the transmission by electromagnetic or other means, other than by a telephone

company as defined in section 4927.01 of the Revised Code , of signs, signals, writings, images, sounds, messages, or data originating in this

state regardless of actual call routing.  “Public telecommunications service” excludes a system, including its construction,

maintenance, or operation, for the provision of telecommunications service, or any

portion of such service, by any entity for the sole and exclusive use of that entity,

its parent, a subsidiary, or an affiliated entity, and not for resale, directly or

indirectly;  the provision of terminal equipment used to originate telecommunications

service;  broadcast transmission by radio, television, or satellite broadcast stations

regulated by the federal government;  or cable television service. (H)(1) “ Loan officer ” means an individual who for compensation or gain, or in anticipation of compensation

or gain, takes or offers to take a residential mortgage loan application;  assists

or offers to assist a buyer in obtaining or applying to obtain a residential mortgage

loan by, among other things, advising on loan terms, including rates, fees, and other

costs;  offers or negotiates terms of a residential mortgage loan;  or issues or offers

to issue a commitment for a residential mortgage loan.  “Loan officer” also includes a mortgage loan originator as defined in section 1322.01 of the Revised Code . (2) “Loan officer” does not include an employee of a bank, savings bank, savings and

loan association, credit union, or credit union service organization organized under

the laws of this state, another state, or the United States;  an employee of a subsidiary

of such a bank, savings bank, savings and loan association, or credit union;  or an

employee of an affiliate that (a) controls, is controlled by, or is under common control

with, such a bank, savings bank, savings and loan association, or credit union and

(b) is subject to examination, supervision, and regulation, including with respect

to the affiliate's compliance with applicable consumer protection requirements, by

the board of governors of the federal reserve system, the comptroller of the currency,

the federal deposit insurance corporation, or the national credit union administration. (I) “ Residential mortgage ” or “ mortgage ” means an obligation to pay a sum of money evidenced by a note and secured by a lien

upon real property located within this state containing two or fewer residential units

or on which two or fewer residential units are to be constructed and includes such

an obligation on a residential condominium or cooperative unit. (J)(1) “ Mortgage broker ” means any of the following: (a) A person that holds that person out as being able to assist a buyer in obtaining

a mortgage and charges or receives from either the buyer or lender money or other

valuable consideration readily convertible into money for providing this assistance; (b) A person that solicits financial and mortgage information from the public, provides

that information to a mortgage broker or a person that makes residential mortgage

loans, and charges or receives from either of them money or other valuable consideration

readily convertible into money for providing the information; (c) A person engaged in table-funding or warehouse-lending mortgage loans that are residential

mortgage loans. (2) “Mortgage broker” does not include a bank, savings bank, savings and loan association,

credit union, or credit union service organization organized under the laws of this

state, another state, or the United States;  a subsidiary of such a bank, savings

bank, savings and loan association, or credit union;  an affiliate that (a) controls,

is controlled by, or is under common control with, such a bank, savings bank, savings

and loan association, or credit union and (b) is subject to examination, supervision,

and regulation, including with respect to the affiliate's compliance with applicable

consumer protection requirements, by the board of governors of the federal reserve

system, the comptroller of the currency, the federal deposit insurance corporation,

or the national credit union administration;  or an employee of any such entity. (K) “ Nonbank mortgage lender ” means any person that engages in a consumer transaction in connection with a residential

mortgage, except for a bank, savings bank, savings and loan association, credit union,

or credit union service organization organized under the laws of this state, another

state, or the United States;  a subsidiary of such a bank, savings bank, savings and

loan association, or credit union;  or an affiliate that (1) controls, is controlled

by, or is under common control with, such a bank, savings bank, savings and loan association,

or credit union and (2) is subject to examination, supervision, and regulation, including

with respect to the affiliate's compliance with applicable consumer protection requirements,

by the board of governors of the federal reserve system, the comptroller of the currency,

the federal deposit insurance corporation, or the national credit union administration. (L) For purposes of divisions (H), (J), and (K) of this section: (1) “ Control ” of another entity means ownership, control, or power to vote twenty-five per cent

or more of the outstanding shares of any class of voting securities of the other entity,

directly or indirectly or acting through one or more other persons. (2) “ Credit union service organization ” means a CUSO as defined in 12 C.F.R. 702.2 .