What is a violation of Ohio Consumer Sales Practices Act?

The article offers a short list of factors cited in the Ohio Consumer Sales Practices Act used to determine whether a sales practices act violates Ohio Consumer Sales law.

The Ohio Consumer Sales Practices Act provides that “No supplier shall commit an unconscionable act or practice in connection with a consumer transaction.

“An unconscionable act or practice by a supplier violates this section whether it occurs before, during, or after the transaction.”
(B) The following circumstances shall be taken into consideration when determining whether a practice is unconscionable:

(1) State of Mind of the Consumer: Did the supplier knowingly taken advantage of the inability of the consumer reasonably to protect the consumer’s interests because of the consumer’s physical or mental infirmities, ignorance, illiteracy, or inability to understand the language of an agreement?

(2) Fair Market Value of the Property/ Services: Did the supplier know at the time the consumer transaction was entered into that the price was substantially excess of the Fair market value of similar property or services?

(3) Benefit of the Service/ Product: Did the supplier know at the time the consumer transaction was entered into that the service or product offered little benefit?

(4) Ability of Consumer to Meet Payment Obligation: Did the supplier know at the time the consumer transaction was entered into that there was no reasonable probability of payment of the obligation in full by the consumer?

(5) The Fairness of the Agreement: Did the supplier require the consumer to enter into a consumer transaction on terms the supplier knew were substantially one-sided in favor of the supplier?

(6) Reliance: Did the supplier knowingly make a misleading statement of opinion on which the consumer was likely to rely to the consumer’s detriment?

(7) Failure to Refund: Did the supplier, without justification, refuse to make a refund in cash or by check for a returned item that was purchased with cash or by check, unless the supplier had conspicuously posted in the establishment at the time of the sale a sign stating the supplier’s refund policy?

(C) This section does not apply to a consumer transaction in connection with a residential mortgage.

Effective Date: 09-23-1977; 01-01-2007