Ohio § 1345.02

§ 1345.02.

(A) No supplier shall commit an unfair or deceptive act or practice in connection with

a consumer transaction.  Such an unfair or deceptive act or practice by a supplier violates this section

whether it occurs before, during, or after the transaction. (B) Without limiting the scope of division (A) of this section, the act or practice of

a supplier in representing any of the following is deceptive: (1) That the subject of a consumer transaction has sponsorship, approval, performance

characteristics, accessories, uses, or benefits that it does not have; (2) That the subject of a consumer transaction is of a particular standard, quality,

grade, style, prescription, or model, if it is not; (3) That the subject of a consumer transaction is new, or unused, if it is not; (4) That the subject of a consumer transaction is available to the consumer for a reason

that does not exist; (5) That the subject of a consumer transaction has been supplied in accordance with a

previous representation, if it has not, except that the act of a supplier in furnishing

similar merchandise of equal or greater value as a good faith substitute does not

violate this section; (6) That the subject of a consumer transaction will be supplied in greater quantity than

the supplier intends; (7) That replacement or repair is needed, if it is not; (8) That a specific price advantage exists, if it does not; (9) That the supplier has a sponsorship, approval, or affiliation that the supplier does

not have; (10) That a consumer transaction involves or does not involve a warranty, a disclaimer

of warranties or other rights, remedies, or obligations if the representation is false. (C) In construing division (A) of this section, the court shall give due consideration

and great weight to federal trade commission orders, trade regulation rules and guides,

and the federal courts' interpretations of subsection 45 (a)(1) of the “Federal Trade

Commission Act,” 38 Stat. 717 (1914), 15 U.S.C.A. 41 , as amended. (D) No supplier shall offer to a consumer or represent that a consumer will receive a

rebate, discount, or other benefit as an inducement for entering into a consumer transaction

in return for giving the supplier the names of prospective consumers, or otherwise

helping the supplier to enter into other consumer transactions, if earning the benefit

is contingent upon an event occurring after the consumer enters into the transaction. (E)(1) No supplier, in connection with a consumer transaction involving natural gas service

or public telecommunications service to a consumer in this state, shall request or

submit, or cause to be requested or submitted, a change in the consumer's provider

of natural gas service or public telecommunications service, without first obtaining,

or causing to be obtained, the verified consent of the consumer.  For the purpose of this division and with respect to public telecommunications service

only, the procedures necessary for verifying the consent of a consumer shall be those

prescribed by rule by the public utilities commission for public telecommunications

service under division (D) of section 4905.72 of the Revised Code .  Also, for the purpose of this division, the act, omission, or failure of any officer,

agent, or other individual, acting for or employed by another person, while acting

within the scope of that authority or employment, is the act or failure of that other

person. (2) Consistent with the exclusion, under 47 C.F.R. 64.1100(a)(3) , of commercial mobile radio service providers from the verification requirements

adopted in 47 C.F.R. 64.1100 , 64.1150 , 64.1160 , 64.1170 , 64.1180 , and 64.1190 by the federal communications commission, division (E)(1) of this section does not

apply to a provider of commercial mobile radio service insofar as such provider is

engaged in the provision of commercial mobile radio service.  However, when that exclusion no longer is in effect, division (E)(1) of this section

shall apply to such a provider. (3) The attorney general may initiate criminal proceedings for a prosecution under division (C) of section 1345.99 of the Revised Code by presenting evidence of criminal violations to the prosecuting attorney of any

county in which the offense may be prosecuted.  If the prosecuting attorney does not prosecute the violations, or at the request

of the prosecuting attorney, the attorney general may proceed in the prosecution with

all the rights, privileges, and powers conferred by law on prosecuting attorneys,

including the power to appear before grand juries and to interrogate witnesses before

grand juries. (F) Concerning a consumer transaction in connection with a residential mortgage, and

without limiting the scope of division (A) or (B) of this section, the act of a supplier

in doing either of the following is deceptive: (1) Knowingly failing to provide disclosures required under state and federal law; (2) Knowingly providing a disclosure that includes a material misrepresentation. (G) Without limiting the scope of division (A) of this section, the failure of a supplier

to obtain or maintain any registration, license, bond, or insurance required by state

law or local ordinance for the supplier to engage in the supplier's trade or profession

is an unfair or deceptive act or practice. (H) A violation of section 111.242 of the Revised Code is an unfair or deceptive act or practice.