Ohio's Consumer Sales Practices Act (CSPA), codified at Ohio Revised Code Chapter 1345, prohibits suppliers from engaging in unfair, deceptive, or unconscionable acts in connection with consumer transactions. If a business violates the CSPA, consumers can seek rescission of the transaction, actual damages, or statutory damages of $200 per violation plus attorney fees. The statute of limitations is two years from the date of the transaction or discovery of the violation under ORC 1345.10.
What Is the Ohio Consumer Sales Practices Act?
The Ohio Consumer Sales Practices Act (CSPA) is the primary state law protecting Ohio consumers from deceptive and unfair business practices. Enacted in 1972 and codified at Ohio Revised Code Chapter 1345, the CSPA applies to consumer transactions -- sales of goods and services to individuals for personal, family, or household use. It does not apply to business-to-business transactions.
The CSPA is enforced by the Ohio Attorney General's Consumer Protection Section, which investigates complaints, issues rules defining deceptive practices, and can bring enforcement actions against businesses. Individual consumers can also bring private lawsuits under the CSPA, and the attorney fee provision makes it financially viable to pursue claims that would otherwise be too small to litigate.
What Does Ohio Consumer Protection Law Prohibit?
Deceptive Acts and Practices (ORC 1345.02)
Under Ohio Revised Code Section 1345.02, a supplier may not commit a deceptive act or practice in connection with a consumer transaction. The statute lists specific examples of deceptive acts, including:
- Representing that goods or services have characteristics, uses, or benefits they do not have
- Representing that goods are new when they are used, reconditioned, or refurbished
- Representing that a price advantage exists when it does not
- Representing that a consumer transaction involves rights, remedies, or obligations that it does not
- Failing to disclose material information about a transaction that the supplier knows would affect the consumer's decision to buy
The Ohio Attorney General maintains a public database of court decisions and rules that define additional deceptive practices. If a supplier's conduct has been declared deceptive in a prior court decision or Attorney General rule, the consumer is entitled to statutory damages of $200 per violation -- even without proving actual harm.
Unconscionable Acts and Practices (ORC 1345.03)
Ohio Revised Code Section 1345.03 prohibits unconscionable acts -- conduct that is so one-sided or oppressive that no reasonable person would agree to it. Courts consider factors such as whether the supplier took advantage of the consumer's inability to understand the transaction, whether the terms were so unfair as to shock the conscience, and whether the supplier used high-pressure tactics to induce the consumer to enter the transaction.
Home Solicitation Sales
Ohio law provides additional protections for sales made at the consumer's home. Under ORC 1345.21, consumers have three business days to cancel a home solicitation sale of $25 or more. The seller must provide written notice of this right at the time of the sale. Failure to provide the cancellation notice is itself a violation of the CSPA.
What Damages Are Available Under the Ohio CSPA?
Under Ohio Revised Code Section 1345.09, consumers who prevail on a CSPA claim can recover one of three remedies:
| Remedy | What It Means | When It Applies |
|---|---|---|
| Rescission | Cancel the transaction and get your money back | When the consumer wants to undo the deal entirely |
| Actual damages | Compensation for the actual harm caused by the violation | When the consumer suffered measurable financial loss |
| Statutory damages ($200 per violation) | Fixed damages without proving actual harm | When the supplier's act was declared deceptive in a prior court decision or AG rule |
In all cases where the consumer prevails, the court must award reasonable attorney fees. This provision is significant because it makes it economically viable for consumers to pursue claims that would otherwise be too small to justify hiring a lawyer.
How to File a Consumer Protection Claim in Ohio
File a Complaint with the Ohio Attorney General
The Ohio Attorney General's Consumer Protection Section accepts complaints online at ohioattorneygeneral.gov or by phone at 800-282-0515. The AG's office investigates patterns of deceptive conduct and can bring enforcement actions against businesses. Filing a complaint with the AG does not prevent you from also filing a private lawsuit.
Small Claims Court
For claims under $6,000, Ohio small claims court is an accessible option. You do not need an attorney to file in small claims court, and the filing fees are relatively low. However, small claims court does not award attorney fees, so it is best suited for straightforward disputes where the facts are clear.
Private Lawsuit in the Court of Common Pleas
For larger claims or cases involving statutory damages and attorney fees, a private lawsuit in the Ohio Court of Common Pleas is the appropriate venue. An attorney can evaluate whether your claim qualifies for the $200 per violation statutory damages -- which can add up quickly if the supplier committed multiple violations -- and whether the attorney fee provision makes the case economically viable.
Common Ohio Consumer Protection Violations
The most frequent CSPA violations we see involve home improvement contractors, used car dealers, debt collectors, and subscription services. Common patterns include:
- Contractors who take a deposit and fail to complete the work
- Used car dealers who misrepresent a vehicle's history or condition
- Businesses that charge fees not disclosed at the time of sale
- Companies that make it difficult or impossible to cancel a subscription
- Lenders who use deceptive language in loan documents
If you believe a business has violated the Ohio Consumer Sales Practices Act, contact our business law team to discuss your options. We can evaluate whether your situation qualifies for statutory damages and attorney fee recovery, which can make pursuing the claim financially worthwhile even for smaller amounts.
Think You Have a Consumer Protection Claim in Ohio?
Our team can evaluate whether your situation qualifies under the Ohio Consumer Sales Practices Act and advise you on your options. Contact us to discuss your case.
Contact Our TeamFrequently Asked Questions
What is the Ohio Consumer Sales Practices Act?
The Ohio Consumer Sales Practices Act (CSPA), codified at Ohio Revised Code Chapter 1345, prohibits suppliers from engaging in unfair, deceptive, or unconscionable acts or practices in connection with consumer transactions. Businesses that violate the CSPA can be required to rescind the transaction, pay actual damages, and pay statutory damages of $200 per violation plus attorney fees.
What qualifies as a deceptive act under Ohio consumer protection law?
Under Ohio Revised Code Section 1345.02, a deceptive act includes: representing that goods or services have characteristics they do not have; representing that goods are new when they are used; representing that a price advantage exists when it does not; and failing to disclose material information about a transaction. The Ohio Attorney General's office maintains a public database of court decisions defining specific deceptive practices.
What damages can I recover under Ohio consumer protection law?
Under Ohio Revised Code Section 1345.09, consumers can recover rescission of the transaction, actual damages, or statutory damages of $200 per violation if the supplier's act was declared deceptive in a prior court decision or Attorney General rule. Consumers who prevail are also entitled to reasonable attorney fees.
How do I file a consumer protection complaint in Ohio?
You can file a consumer complaint with the Ohio Attorney General's Consumer Protection Section online at ohioattorneygeneral.gov or by calling 800-282-0515. For individual claims, you can also file a lawsuit in Ohio small claims court (for claims under $6,000) or in the Ohio Court of Common Pleas.
What is the statute of limitations for Ohio consumer protection claims?
Under Ohio Revised Code Section 1345.10, the statute of limitations for a consumer protection claim under the CSPA is two years from the date of the transaction or from when the consumer discovered or should have discovered the violation. Missing this deadline bars your claim.
This article is for general informational purposes only and does not constitute legal advice. Consumer protection law and individual circumstances vary. Consult a licensed Ohio attorney for advice specific to your situation.