Effective: February 17, 2006
Latest Legislation: House Bill 104 - 126th General Assembly
(A)(1) The attorney general shall have the exclusive authority to bring a civil action in a court of common pleas for appropriate relief under this section, including a temporary restraining order, preliminary or permanent injunction, and civil penalties, if it appears that a state agency or an agency of a political subdivision has failed or is failing to comply with section 1347.12 of the Revised Code or that a person has failed or is failing to comply with section 1349.19 of the Revised Code. Upon its finding that a state agency or an agency of a political subdivision has failed to comply with section 1347.12 of the Revised Code or that a person has failed to comply with section 1349.19 of the Revised Code, the court shall impose a civil penalty upon the state agency, agency of a political subdivision, or person as follows:
(a) For each day that the state agency, agency of a political subdivision, or person has intentionally or recklessly failed to comply with the applicable section, subject to divisions (A)(1)(b) and (c) of this section, a civil penalty of up to one thousand dollars for each day the agency or person fails to comply with the section;
(b) If the state agency, agency of a political subdivision, or person has intentionally or recklessly failed to comply with the applicable section for more than sixty days, subject to division (A)(1)(c) of this section, a civil penalty in the amount specified in division (A)(1)(a) of this section for each day of the first sixty days that the agency or person fails to comply with the section and, for each day commencing with the sixty-first day that the state agency, agency of a political subdivision, or person has failed to comply with the section, a civil penalty of up to five thousand dollars for each such day the agency or person fails to comply with the section;
(c) If the state agency, agency of a political subdivision, or person has intentionally or recklessly failed to comply with the applicable section for more than ninety days, a civil penalty in the amount specified in division (A)(1)(a) of this section for each day of the first sixty days that the agency or person fails to comply with the section, a civil penalty of up to five thousand dollars for each day commencing with the sixty-first day and continuing through the ninetieth day that the agency or person fails to comply with the section, and, for each day commencing with the ninety-first day that the state agency, agency of a political subdivision, or person has failed to comply with the section, a civil penalty of up to ten thousand dollars for each such day the agency or person fails to comply with the section.
(2) Any civil penalty that is assessed under division (A)(1) of this section shall be deposited into the consumer protection enforcement fund created by section 1345.51 of the Revised Code.
(3) In determining the appropriate civil penalty to assess under division (A)(1) of this section, the court shall consider all relevant factors, including the following:
(a) If the defendant in the civil action is a state agency, an agency of a political subdivision, or a person that is a business entity, whether or not the high managerial officer, agent, or employee of the agency or business entity having supervisory responsibility for compliance with section 1347.12 or 1349.19 of the Revised Code, whichever is applicable, acted in bad faith in failing to comply with the section.
(b) If the defendant in the civil action is a person other than a business entity, whether or not the person acted in bad faith in failing to comply with section 1349.19 of the Revised Code.
(B) Any state agency or agency of a political subdivision that is found by the court to have failed to comply with section 1347.12 of the Revised Code or any person that is found by the court to have failed to comply with section 1349.19 of the Revised Code shall be liable to the attorney general for the attorney general's costs in conducting an investigation under section 1349.191 of the Revised Code and bringing an action under this section.
(C) The rights and remedies that are provided under this section are in addition to any other rights or remedies that are provided by law.
Structure Ohio Revised Code
Title 13 | Commercial Transactions
Chapter 1349 | Consumer Protection
Section 1349.01 | Responsible Party Fails to Obtain Health Insurance.
Section 1349.02 | Termination of Motor Vehicle Lease by Person on Active Duty.
Section 1349.03 | Termination of Cellular Phone Contract by Person on Active Duty.
Section 1349.04 | Consumer Protection of Persons on Active Military Duty.
Section 1349.05 | Solicitation of Employment by Health Care Practitioner.
Section 1349.06 | Flea Market Sales Record of Purchases.
Section 1349.17 | Restricting Recording Credit Card, Telephone or Social Security Numbers.
Section 1349.18 | Printing Credit Card Number and Expiration Date on Receipt.
Section 1349.19 | Private Disclosure of Security Breach of Computerized Personal Information Data.
Section 1349.191 | Investigation of Noncompliance With Disclosure Laws.
Section 1349.192 | Civil Action by Attorney General for Violation of Disclosure Laws.
Section 1349.20 | Escrow Transactions Concerning Residential Realty Definitions.
Section 1349.21 | Disbursing From an Escrow Account.
Section 1349.22 | Advancing Funds for Incidental Fees.
Section 1349.25 | Covered Loan Definitions.
Section 1349.26 | Disclosures of Creditor Concerning Covered Loans.
Section 1349.27 | Creditor or Assignee - Prohibitions.
Section 1349.271 | Rules for Prepurchase Counseling.
Section 1349.29 | Right to Rescind.
Section 1349.30 | Voluntary Adjustments Correcting Errors.
Section 1349.31 | Criminal Proceedings Initiated.
Section 1349.32 | Conforming Ohio Law to Federal Law.
Section 1349.33 | Rules Adopting Similar Provisions Where Federal Law Is Amended or Modified.
Section 1349.34 | Examination and Investigation of Records.
Section 1349.35 | Annual Report.
Section 1349.36 | Administrative Rules.
Section 1349.37 | Office of Consumer Affairs.
Section 1349.41 | Prohibited Conduct in Mortgage Loan Sale or Purchase.
Section 1349.43 | Internet Database - Violations and Enforcement Information.
Section 1349.44 | Report on Financial Institutions Division Operations.
Section 1349.45 | Misleading or Deceptive Use of Financial Institution Name or Logo Prohibited.
Section 1349.51 | Prohibiting Disclosure of Certain Consumer Information.
Section 1349.52 | Security Freeze on Consumer Credit Report.
Section 1349.521 | Security Freeze on Consumer Credit Cards.
Section 1349.53 | Civil Action for Noncompliance With Security Freeze.
Section 1349.55 | Non-Recourse Civil Litigation Advance Contracts.
Section 1349.61 | Sale of Gift Card Expiring Within Two Years of Sale Prohibited.
Section 1349.65 | High-Volume Seller Definitions.
Section 1349.66 | High-Volume Seller Notification Requirements.
Section 1349.67 | High-Volume Seller Disclosure Requirements.
Section 1349.68 | High-Volume Seller Requirement Enforcement.
Section 1349.69 | Security Procedures and Practices.
Section 1349.70 | High-Volume Seller Duty to Disclose Certain Information.
Section 1349.71 | Partial Disclosure.
Section 1349.72 | Product Listing Disclosure.
Section 1349.73 | Penalty for Failing to Comply With Disclosure Requirements.
Section 1349.74 | Unfair or Deceptive Act Under Cspa.
Section 1349.75 | Severability.
Section 1349.76 | Legislative Intent.
Section 1349.80 | Live Musical Performance Definitions.
Section 1349.81 | Deception Respecting Relationship of Performing and Recording Group.