Effective: December 5, 1996
Latest Legislation: Senate Bill 214 - 121st General Assembly
(A) A purchaser injured by a violation of a provision of sections 4719.01 to 4719.18 of the Revised Code or a rule adopted under any provision of those sections may bring a civil action against the telephone solicitor or salesperson who committed the violation for damages in a court of common pleas and may apply to the court for an order enjoining the violation. Upon the purchaser's showing that the telephone solicitor or salesperson has committed a violation of one of those sections or rules, the court shall grant an injunction, temporary restraining order, or other appropriate relief.
(B) If a court awards damages under division (A) of this section, the court shall award damages in an amount that is not less than the amount that the purchaser paid to the telephone solicitor or salesperson and shall order the telephone solicitor or salesperson to pay reasonable attorney's fees and court costs to the purchaser.
(C) The court may award the purchaser punitive or exemplary damages upon the purchaser's showing that the telephone solicitor or salesperson knowingly committed an act or practice that violated a provision of sections 4719.01 to 4719.18 of the Revised Code.
(D) An action under this section shall be brought within two years after the date of the telephone solicitation upon which the action is based.
Structure Ohio Revised Code
Title 47 | Occupations-Professions
Chapter 4719 | Telephone Solicitors
Section 4719.01 | Telephone Solicitor Definitions - Exemptions.
Section 4719.02 | Certificate of Registration or Registration Renewal.
Section 4719.03 | Certificate of Registration -Disciplinary Actions.
Section 4719.04 | Surety Bond Requirements.
Section 4719.05 | Representations Concerning Gift, Award or Prize.
Section 4719.06 | Disclosure of Information.
Section 4719.07 | Signed Written Confirmations of Sales.
Section 4719.08 | Prohibited Acts.
Section 4719.09 | Waiver of Rights.
Section 4719.10 | Administrative Rules.
Section 4719.11 | Conduct of Investigations.
Section 4719.12 | Injunctions - Civil Penalties.
Section 4719.13 | Initiation of Criminal Proceedings.
Section 4719.14 | Consumer Sales Practices Act Applicable.
Section 4719.15 | Civil Action by Purchaser.
Section 4719.16 | Powers, Remedies, and Penalties Are in Addition to Others Provided by Law.
Section 4719.17 | Telemarketing Fraud Enforcement Fund.
Section 4719.18 | Purposes and Construction of Chapter.
Section 4719.21 | Blocking Telephone Solicitor's Number Prohibited.
Section 4719.22 | Compliance With Law Regarding Sanctions for Human Trafficking.