Consumer Protection

We defend our clients’ rights under Ohio’s “lemon law,” and against crooked auto dealerships, repair shops, and unlawful debt collectors. Ohio’s consumer protection laws safeguard against unfair and deceptive practices.

Contact our office to discuss how we’ll defend and protect your consumer rights.

Lemon Law

Ohio’s “lemon law” (R.C. §1345.71 et seq.) provides a legal right to a replacement vehicle, or refund of the entire purchase price, where (1) a manufacturer has had a reasonable opportunity to repair the vehicle but failed after three (3) or more attempts; or where (2) the vehicle has been in the manufacturer’s service facility for a combined total of thirty (30) or more days during the car’s first 18,000 miles or its first year; or where (3) the manufacturer failed after eight (8) or more attempts to repair various different issues; or where (4) the manufacturer has failed after one (1) attempt to repair an issue capable of causing death or serious injury.

Contact our office to discuss how we’ll defend and protect your consumer rights.

Ohio Consumer Sales Practices Act (“CSPA”)

Ohio’s Consumer Sales Practices Act (“CSPA”) prohibits unfair or deceptive practices in connection with a consumer transaction, when the subject of a transaction is represented as of a particular standard, or quality, if it is not. CSPA further prohibits unconscionable practices, including when a supplier knows of the inability of the consumer to receive a substantial benefit from the subject of the transaction, or knowingly makes misleading statements of opinion on which the consumer is likely to rely to the consumer’s detriment. Ohio law prohibits these violations whether committed before, during, or after a transaction, and allows the consumer to rescind the transaction, and provides for statutory damages, economic damages, non-economic damages, and reasonable attorney’s fees.

Contact our office to discuss how we’ll defend and protect your consumer rights.

Auto Dealerships

If a dealership misrepresented a car’s condition, you may have a claim under Ohio’s Consumer Sales Practices Act (“CSPA”).

The CSPA prohibits unfair, deceptive, and unconscionable trade practices, and allows the consumer to rescind the transaction, and provides for statutory damages, economic damages, non-economic damages, and reasonable attorney fees. It should be noted that Ohio’s CSPA is extra-contractual in nature, and warranty disclaimer provisions do not apply.

An act is deemed unfair or deceptive when the subject of a transaction is represented as of a particular standard, quality, or model, if it is not. An act or practice is unconscionable when the supplier knows at the time the transaction is entered into that the price is substantially in excess of the price at which similar property or services are readily obtainable in similar transactions by similar consumers. Furthermore, an act is unconscionable if the supplier knowingly makes a misleading statement of opinion on which the consumer is likely to rely to the consumer’s detriment.

Contact our office to discuss how we’ll defend and protect your consumer rights.

Debt Collectors (“FDCPA”) (“FCRA”)

The Fair Debt Collection Practices Act (“FDCPA”) prohibits unfair practices in connection with a debt collection. 15 U.S.C. § 1692f(1) prohibits collection of any amount not expressly authorized by agreement or permitted by law.

The Fair Credit Reporting Act (“FCRA”) safeguards the accuracy and privacy of your information collected by the credit reporting agencies, and protects against willful or negligent reporting of inaccurate credit information. The FCRA and FDCPA form the basis of your consumer rights.

Contact our office to discuss how we’ll defend and protect your consumer rights.

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