Ohio Administrative Code Title 109:4 - Consumer Protection
Certainly! Here's an overview of Ohio Administrative Code (OAC) Title 109:4, which pertains to Consumer Protection:
🏛️ What Is OAC Title 109:4?
OAC Title 109:4 is a set of regulations established under the Ohio Consumer Sales Practices Act (CSPA). These rules are enforced by the Ohio Attorney General’s Office and aim to protect consumers from deceptive, unfair, and unconscionable business practices in consumer transactions.
đź“š Structure of Title 109:4
Title 109:4 is divided into several chapters:
Chapter 109:4-1 – General Provisions
Outlines definitions and general rules applicable to consumer protection regulations.
Chapter 109:4-3 – Deceptive Acts or Trade Practices in Connection with Consumer Transactions
Specifies various deceptive practices that are prohibited, including:
Exclusions and Limitations in Advertisements: Requires clear and conspicuous disclosure of any material exclusions, reservations, limitations, modifications, or conditions in advertisements.
Use of the Word "Free": Prohibits advertising goods or services as "free" when the cost is passed on to the consumer through higher prices.
Bait Advertising: Prohibits offering goods or services at an attractive price without the intention to sell them as advertised.
Prizes: Requires clear disclosure if receiving a prize is contingent upon purchasing goods or services.
Failure to Deliver/Substitutions: Mandates prompt delivery of goods or services and outlines conditions under which substitutions are acceptable.
Price Comparisons: Requires truthful and substantiated price comparisons in advertisements. (law.cornell.edu, ohioattorneygeneral.gov, law.cornell.edu, ohioattorneygeneral.gov)
Chapter 109:4-4 – Dispute Resolution Programs for Settlement of New Motor Vehicle Warranty Disputes
Establishes procedures for resolving disputes between consumers and manufacturers regarding new motor vehicle warranties.
Chapter 109:4-5 – Informal Dispute Resolution Mechanisms for Settlement of New Motor Vehicle Warranty Disputes
Provides guidelines for informal dispute resolution mechanisms to settle new motor vehicle warranty disputes.
Chapter 109:4-6 – Telemarketing Registration and Enforcement
Regulates telemarketing practices, including registration requirements and enforcement actions against violators.
⚖️ Enforcement and Penalties
Violations of the rules under OAC Title 109:4 can result in enforcement actions by the Ohio Attorney General’s Office. Penalties may include fines, restitution to consumers, and other legal remedies. Consumers who believe they have been subjected to deceptive practices can file complaints with the Attorney General’s Office for investigation and potential action.
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