The Ohio Consumer Sales Practices Act (“OCSPA”) was enacted to protect consumers from fraudulent, unfair, and deceptive conduct on the part of business owners. The OCSPA can be found at chapter 1345 of the Ohio Revised Code. It applies to a wide array of consumer transactions including both goods and services purchased for household use. If a claim is successful, attorney’s fees may be awarded to the injured consumer. Among other things, the OSCPA specifically prohibits a supplier from representing:
(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
The OCSPA is a powerful tool for consumers against unscrupulous business practices. If you believe you have an OCSPA claim, contact Marsalka Law.
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