By James A. Kashien, Esq.
The Ohio Consumer Sales Practices Act (OCSPA) was enacted by the Ohio Legislature in 1972[¹], modeled after the Uniform Consumer Sales Practices Act[²], to protect consumers from deceptive, unfair, and unconscionable business practices.
Under this law, consumers who have been wronged by a business may be entitled to:
✅ Contract rescission (cancellation)
✅ Compensation for actual damages
✅ Reimbursement of attorney fees
✅ Statutory damages of $200 or up to three times actual damages in certain cases
This law applies broadly to transactions between consumers and businesses operating in Ohio.
Who is Considered a Consumer?
Under OCSPA, a consumer is any individual purchasing goods or services for personal, family, or household use (O.R.C. 1345.01(D))[³].
This means you are protected under this law when:
✔ Buying a car
✔ Hiring a contractor for home repairs
✔ Dealing with debt collectors
✔ Making purchases from retail businesses
However, if you are acting on behalf of a business or legal entity, these protections do not apply.
Who is Considered a Supplier?
A supplier is anyone selling, leasing, assigning, or soliciting goods or services in Ohio (O.R.C. 1345.01(C))[⁴].
This includes:
- Retailers & Auto Dealers 🚗
- Home Improvement Contractors 🏠
- Debt Collectors 💰
- Residential Mortgage Providers 🏡
- Nursing Homes 🏥
Suppliers can be individuals, corporations, businesses, partnerships, trusts, government agencies, or cooperatives (O.R.C. 1345.01(B))[⁵].
Even out-of-state businesses selling to Ohio consumers must comply with OCSPA.
What is a Consumer Transaction?
A consumer transaction is defined as the sale, lease, assignment, or other transfer of goods, services, franchises, or intangibles to an individual for personal, family, or household use (O.R.C. 1345.01(A))[⁶].
This covers:
- Buying or leasing a vehicle 🚘
- Home repairs and remodeling 🔨
- Debt collection practices 💳
- Residential roofing and flooring installations 🏠
- Sale and installation of residential carpeting
- Purchasing a manufactured home
- Certain residential mortgages
While the law covers many transactions, some exceptions apply. If you’re unsure about your situation, consulting a consumer attorney is a smart move.
Why This Law is Critical for Ohio Consumers
OCSPA is a powerful tool for protecting consumers. If a business engages in unfair, misleading, or abusive practices, Ohio consumers can seek damages, no matter how big or small the loss[⁷].
Key Protections Under the Law
✔ Suppliers are presumed to know the law – They can’t claim ignorance.
✔ Treble damages – In some cases, you may receive triple your actual damages.
✔ Attorney fees covered – If you win, the business may have to pay your legal costs.
Unlike many states where consumer lawsuits are limited to large losses, OCSPA empowers consumers to hold businesses accountable, even for smaller claims.
How Ohio Enforces the Law
The Ohio Attorney General is responsible for enforcing OCSPA. The law gives the Attorney General the power to:
🔹 Define unfair and deceptive acts under O.R.C. 1345.02, 1345.03, and 1345.031.
🔹 Adopt and amend rules for businesses (O.R.C. 1345.05(B)(2))[⁸].
🔹 Take legal action against suppliers violating the law.
These rules, outlined in the Ohio Administrative Code (109:4-3 et seq.), provide specific guidelines that businesses must follow.
Importantly, a business cannot claim ignorance of these rules as a defense. If they violate OCSPA, they are automatically considered to be at fault[⁹].
A Game-Changer for Consumer Lawsuits
One of the most consumer-friendly aspects of OCSPA is how it encourages attorneys to take cases, regardless of the financial loss involved.
Why?
Under O.R.C. 1345.09(F), if a business knowingly violates OCSPA, the consumer may be entitled to reasonable attorney fees[¹⁰].
This means:
✔ Even if your loss is small, a lawyer may still take your case.
✔ Businesses can’t get away with unfair practices just because the damages are minor.
✔ If you win, the business may have to pay your legal costs.
A supplier does not need to know that their act was illegal—only that they intentionally engaged in the practice[¹¹].
What This Means for You
If you’ve been wronged by a business in Ohio, you have rights. Whether you were misled by a retailer, overcharged by a contractor, or mistreated by a debt collector, OCSPA is on your side.
Mizak & Pacetti can help you:
✅ Recover damages from businesses engaging in deceptive or unfair practices.
✅ Take legal action against companies violating your consumer rights.
✅ Seek treble damages and reimbursement of attorney fees.
Don’t let businesses take advantage of you. If you have a dispute, reach out today to see how the law can work in your favor.
Disclaimer
This article provides general information and does not constitute legal advice. Laws change, and every case is unique. If you have legal concerns, consult a qualified attorney.
Footnotes
¹ Woolston, H.B. 681: An Amendment to Ohio’s Consumer Sales Practices Act, 4 U.Dayton L.Rev. 519 (1979).
² Id. at 520-21.
³ O.R.C. 1345.01(D).
⁴ O.R.C. 1345.01(C).
⁵ O.R.C. 1345.01(B).
⁶ O.R.C. 1345.01(A) (emphasis added).
⁷ O.R.C. 1345.02(A); O.R.C. 1345.03(A).
⁸ O.R.C. 1345.05(B)(2).
⁹ Fate v. Dick Callendar Buick, Inc., 1986 WL 5943.
¹⁰ O.R.C. 1345.09(F).
¹¹ Einhorn v. Ford Motor Co., 48 Ohio St.3d 27, 548 N.E.2d 933 (1990).
For more details, see:
📌 Ohio Revised Code § 1345.02
📌 Ohio Administrative Code Chapter 109:4-3