As Reported by the Senate Judiciary Committee 1
122nd General Assembly 4
Regular Session Sub. H. B. No. 182 5
1997-1998 6
REPRESENTATIVES CORE-WESTON-BRITTON-OGG-REID-PADGETT-BRADY-BENDER- 8
WOMER BENJAMIN-JERSE-TERWILLEGER-ROMAN-GARDNER-MOTTLEY-BATEMAN- 9
BOYD-CORBIN-HAINES-GARCIA-O'BRIEN-BRADING-TAYLOR-OLMAN-COLONNA- 10
FORD-SCHURING-PRENTISS-MYERS-SUTTON-THOMAS-VERICH-HOUSEHOLDER- 11
PERZ-THOMPSON-TIBERI-METZGER-HARRIS-BUCHY-MEAD-MOTTL-ROBERTS- 12
WILSON-VESPER-DAMSCHRODER-SULZER-VAN VYVEN-LEWIS-CAREY-CLANCY- 13
CATES-PRINGLE-GRENDELL-MALLORY-STAPLETON-SALERNO-WINKLER- 14
JOHNSON-MASON-SENATORS B. JOHNSON-BLESSING 15
17
A B I L L
To amend sections 2917.21, 2917.31, 2917.32, and 19
4719.01 of the Revised Code to enhance the 21
penalties for telephone harassment, inducing
panic, and making false alarms and to exempt from 23
the Ohio Telephone Solicitation Law certain
persons who solicit the sale of a periodical or 24
magazine.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO: 25
Section 1. That sections 2917.21, 2917.31, 2917.32, and 27
4719.01 of the Revised Code be amended to read as follows: 29
Sec. 2917.21. (A) No person shall knowingly make or cause 38
to be made a telephone call, or knowingly permit a telephone call 39
to be made from a telephone under the person's control, to 40
another, if the caller does any of the following: 41
(1) Fails to identify the caller to the recipient of the 43
telephone call and makes the telephone call with purpose to 44
harass, abuse, or annoy any person at the premises to which the 45
telephone call is made, whether or not conversation takes place 46
during the telephone call; 47
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(2) Describes, suggests, requests, or proposes that the 49
caller, recipient of the telephone call, or any other person 50
engage in, any sexual activity as defined in division (C) of 51
section 2907.01 of the Revised Code, and the recipient of the 52
telephone call, or another person at the premises to which the 53
telephone call is made, has requested, in a previous telephone 54
call or in the immediate telephone call, the caller not to make a 55
telephone call to the recipient of the telephone call or to the 56
premises to which the telephone call is made; 57
(3) During the telephone call, violates section 2903.21 of 59
the Revised Code; 60
(4) Knowingly states to the recipient of the telephone 62
call that the caller intends to cause damage to or destroy public 64
or private property, and the recipient of the telephone call, any 65
member of the family of the recipient of the telephone call, or 66
any other person who resides at the premises to which the 67
telephone call is made owns, leases, resides, or works in, will 68
at the time of the destruction or damaging be near or in, has the 69
responsibility of protecting, or insures the property that will 70
be destroyed or damaged; 71
(5) Knowingly makes the telephone call to the recipient of 73
the telephone call, to another person at the premises to which 74
the telephone call is made, or to the premises to which the 75
telephone call is made, and the recipient of the telephone call, 76
or another person at the premises to which the telephone call is 77
made, previously has told the caller not to call the premises to 78
which the telephone call is made or not to call any persons at 79
the premises to which the telephone call is made. 80
(B) No person shall make or cause to be made a telephone 82
call, or permit a telephone call to be made from a telephone 83
under the person's control, with purpose to abuse, threaten, 84
annoy, or harass another person. 86
(C)(1) Whoever violates this section is guilty of 88
telephone harassment,. 89
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(2) A VIOLATION OF DIVISION (A)(1), (2), (3), OR (5) OR 92
(B) OF THIS SECTION IS a misdemeanor of the first degree on a
first offense and a felony of the fifth degree on each subsequent 94
offense involving the same person, recipient, or premises. 95
(3) EXCEPT AS OTHERWISE PROVIDED IN DIVISION (C)(3) OF 97
THIS SECTION, A VIOLATION OF DIVISION (A)(4) OF THIS SECTION IS A 98
MISDEMEANOR OF THE FIRST DEGREE ON A FIRST OFFENSE AND A FELONY 99
OF THE FIFTH DEGREE ON EACH SUBSEQUENT OFFENSE. IF A VIOLATION 100
OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC HARM OF 102
FIVE HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS, 103
TELEPHONE HARASSMENT IS A FELONY OF THE FIFTH DEGREE. IF A
VIOLATION OF DIVISION (A)(4) OF THIS SECTION RESULTS IN ECONOMIC 104
HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED 105
THOUSAND DOLLARS, TELEPHONE HARASSMENT IS A FELONY OF THE FOURTH 106
DEGREE. IF A VIOLATION OF DIVISION (A)(4) OF THIS SECTION 107
RESULTS IN ECONOMIC HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, 108
TELEPHONE HARASSMENT IS A FELONY OF THE THIRD DEGREE. 109
(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL 111
DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY 112
A VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM" 113
INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING: 114
(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A 116
RESULT OF THE CRIMINAL CONDUCT; 117
(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION 119
PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM 120
WORKING AS A RESULT OF THE CRIMINAL CONDUCT; 121
(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A 123
BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT; 124
(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY 126
THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT. 127
(E) NOTHING IN THIS SECTION PROHIBITS A PERSON FROM MAKING 129
A TELEPHONE CALL TO A DEBTOR THAT IS IN COMPLIANCE WITH THE "FAIR 130
DEBT COLLECTION PRACTICES ACT," 91 STAT. 874 (1977), 15 U.S.C. 132
1692, AS AMENDED, OR THE "TELEPHONE CONSUMER PROTECTION ACT," 105 134
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STAT. 2395 (1991), 47 U.S.C. 227, AS AMENDED. 135
Sec. 2917.31. (A) No person shall cause the evacuation of 144
any public place, or otherwise cause serious public inconvenience 145
or alarm, by doing any of the following: 146
(1) Initiating or circulating a report or warning of an 148
alleged or impending fire, explosion, crime, or other 149
catastrophe, knowing that such report or warning is false; 150
(2) Threatening to commit any offense of violence; 152
(3) Committing any offense, with reckless disregard of the 154
likelihood that its commission will cause serious public 155
inconvenience or alarm. 156
(B) Division (A)(1) of this section does not apply to any 158
person conducting an authorized fire or emergency drill. 159
(C) Whoever violates this section is guilty of inducing 161
panic,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, INDUCING 163
PANIC IS a misdemeanor of the first degree. If A violation of 164
this section results in physical harm to any person, inducing 165
panic is a felony of the fourth degree. IF A VIOLATION OF THIS 166
SECTION RESULTS IN ECONOMIC HARM OF FIVE HUNDRED DOLLARS OR MORE 167
BUT LESS THAN FIVE THOUSAND DOLLARS, INDUCING PANIC IS A FELONY 168
OF THE FIFTH DEGREE. IF VIOLATION OF THIS SECTION RESULTS IN 169
ECONOMIC HARM OF FIVE THOUSAND DOLLARS OR MORE BUT LESS THAN ONE 170
HUNDRED THOUSAND DOLLARS, INDUCING PANIC IS A FELONY OF THE
FOURTH DEGREE. IF VIOLATION OF THIS SECTION RESULTS IN ECONOMIC 171
HARM OF ONE HUNDRED THOUSAND DOLLARS OR MORE, INDUCING PANIC IS A 172
FELONY OF THE THIRD DEGREE.
(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL 174
DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY 175
A VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM" 176
INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING: 177
(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A 179
RESULT OF THE CRIMINAL CONDUCT; 180
(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION 182
PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM 183
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WORKING AS A RESULT OF THE CRIMINAL CONDUCT; 184
(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A 186
BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT; 187
(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY 189
THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT. 190
Sec. 2917.32. (A) No person shall do either ANY of the 199
following: 200
(1) Initiate or circulate a report or warning of an 202
alleged or impending fire, explosion, crime, or other 203
catastrophe, knowing that the report or warning is false and 204
likely to cause public inconvenience or alarm; 205
(2) Knowingly cause a false alarm of fire or other 207
emergency to be transmitted to or within any organization, public 208
or private, for dealing with emergencies involving a risk of 209
physical harm to persons or property; 210
(3) Report to any law enforcement agency an alleged 212
offense or other incident within its concern, knowing that such 213
offense did not occur. 214
(B) This section does not apply to any person conducting 216
an authorized fire or emergency drill. 217
(C) Whoever violates this section is guilty of making 219
false alarms,. EXCEPT AS OTHERWISE PROVIDED IN THIS DIVISION, 221
MAKING FALSE ALARMS IS a misdemeanor of the first degree. IF A 222
VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE
HUNDRED DOLLARS OR MORE BUT LESS THAN FIVE THOUSAND DOLLARS, 223
MAKING FALSE ALARMS IS A FELONY OF THE FIFTH DEGREE. IF A 224
VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF FIVE 225
THOUSAND DOLLARS OR MORE BUT LESS THAN ONE HUNDRED THOUSAND
DOLLARS, MAKING FALSE ALARMS IS A FELONY OF THE FOURTH DEGREE. 226
IF A VIOLATION OF THIS SECTION RESULTS IN ECONOMIC HARM OF ONE 227
HUNDRED THOUSAND DOLLARS OR MORE, MAKING FALSE ALARMS IS A FELONY 228
OF THE THIRD DEGREE.
(D) AS USED IN THIS SECTION, "ECONOMIC HARM" MEANS ALL 230
DIRECT, INCIDENTAL, AND CONSEQUENTIAL PECUNIARY HARM SUFFERED BY 231
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A VICTIM AS A RESULT OF CRIMINAL CONDUCT. "ECONOMIC HARM" 232
INCLUDES, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING: 233
(1) ALL WAGES, SALARIES, OR OTHER COMPENSATION LOST AS A 235
RESULT OF THE CRIMINAL CONDUCT; 236
(2) THE COST OF ALL WAGES, SALARIES, OR OTHER COMPENSATION 238
PAID TO EMPLOYEES FOR TIME THOSE EMPLOYEES ARE PREVENTED FROM 239
WORKING AS A RESULT OF THE CRIMINAL CONDUCT; 240
(3) THE OVERHEAD COSTS INCURRED FOR THE TIME THAT A 242
BUSINESS IS SHUT DOWN AS A RESULT OF THE CRIMINAL CONDUCT; 243
(4) THE LOSS OF VALUE TO TANGIBLE OR INTANGIBLE PROPERTY 245
THAT WAS DAMAGED AS A RESULT OF THE CRIMINAL CONDUCT. 246
Sec. 4719.01. (A) As used in sections 4719.01 to 4719.18 255
of the Revised Code: 256
(1) "Affiliate" means a business entity that is owned by, 258
operated by, controlled by, or under common control with another 259
business entity.
(2) "Communication" means a written or oral notification 261
or advertisement that meets both of the following criteria, as 262
applicable:
(a) The notification or advertisement is transmitted by or 264
on behalf of the seller of goods or services and by or through 265
any printed, audio, video, cinematic, telephonic, or electronic 266
means.
(b) In the case of a notification or advertisement other 268
than by telephone, either of the following conditions is met: 269
(i) The notification or advertisement is followed by a 271
telephone call from a telephone solicitor or salesperson. 272
(ii) The notification or advertisement invites a response 274
by telephone, and, during the course of that response, a 275
telephone solicitor or salesperson attempts to make or makes a 276
sale of goods or services. As used in division (A)(2)(b)(ii) of 277
this section, "invites a response by telephone" excludes the mere 278
listing or inclusion of a telephone number in a notification or 279
advertisement.
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(3) "Gift, award, or prize" means anything of value that 282
is offered or purportedly offered, or given or purportedly given 283
by chance, at no cost to the receiver and with no obligation to 284
purchase goods or services. As used in this division, "chance"
includes a situation in which a person is guaranteed to receive 286
an item and, at the time of the offer or purported offer, the 287
telephone solicitor does not identify the specific item that the
person will receive. 288
(4) "Goods or services" means any real property or any 291
tangible or intangible personal property, or services of any kind 292
provided or offered to a person. "Goods or services" includes,
but is not limited to, advertising; labor performed for the 293
benefit of a person; personal property intended to be attached to 294
or installed in any real property, regardless of whether it is so 295
attached or installed; timeshare estates or licenses; and 296
extended service contracts.
(5) "Purchaser" means a person that is solicited to become 299
or does become financially obligated as a result of a telephone 300
solicitation.
(6) "Salesperson" means an individual who is employed, 302
appointed, or authorized by a telephone solicitor to make 304
telephone solicitations but does not mean any of the following:
(a) An individual who comes within one of the exemptions 306
in division (B) of this section; 307
(b) An individual employed, appointed, or authorized by a 309
person who comes within one of the exemptions in division (B) of 310
this section; 311
(c) An individual under a written contract with a person 313
who comes within one of the exemptions in division (B) of this 314
section, if liability for all transactions with purchasers is 315
assumed by the person so exempted. 316
(7) "Telephone solicitation" means a communication to a 318
person that meets both of the following criteria: 319
(a) The communication is initiated by or on behalf of a 321
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telephone solicitor or by a salesperson. 322
(b) The communication either represents a price or the 324
quality or availability of goods or services or is used to induce 325
the person to purchase goods or services, including, but not 326
limited to, inducement through the offering of a gift, award, or 327
prize.
(8) "Telephone solicitor" means a person that engages in 329
telephone solicitation directly or through one or more 330
salespersons either from a location in this state or from a 331
location outside this state to persons in this state. "Telephone 332
solicitor" includes, but is not limited to, any such person that 333
is an owner, operator, officer, or director of, partner in, or 334
other individual engaged in the management activities of, a 335
business.
(B) A telephone solicitor is exempt from the provisions of 338
sections 4719.02 to 4719.18 and section 4719.99 of the Revised
Code if the telephone solicitor is any one of the following: 339
(1) A person engaging in a telephone solicitation that is 341
a one-time or infrequent transaction not done in the course of a 342
pattern of repeated transactions of a like nature; 343
(2) A person engaged in telephone solicitation solely for 345
religious or political purposes; a charitable organization, 346
fund-raising counsel, or professional solicitor in compliance 347
with the registration and reporting requirements of Chapter 1716. 348
of the Revised Code; or any person or other entity exempt under 349
section 1716.03 of the Revised Code from filing a registration 350
statement under section 1716.02 of the Revised Code; 352
(3) A person, making a telephone solicitation involving a 354
home solicitation sale as defined in section 1345.21 of the 355
Revised Code, that makes the sales presentation and completes the 356
sale at a later, face-to-face meeting between the seller and the 358
purchaser rather than during the telephone solicitation. 359
However, if the person, following the telephone solicitation, 360
causes another person to collect the payment of any money, this 361
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exemption does not apply.
(4) A licensed securities, commodities, or investment 363
broker, dealer, investment advisor, or associated person when 364
making a telephone solicitation within the scope of the person's 365
license. As used in division (B)(4) of this section, "licensed 366
securities, commodities, or investment broker, dealer, investment 367
advisor, or associated person" means a person subject to 368
licensure or registration as such by the securities and exchange 369
commission; the National Association of Securities Dealers or 370
other self-regulatory organization, as defined by 15 U.S.C.A. 371
78c; by the division of securities under Chapter 1707. Revised 372
Code; or by an official or agency of any other state of the 373
United States.
(5)(a) A person primarily engaged in soliciting the sale 375
of a newspaper of general circulation; 376
(b) As used in division (B)(5)(a) of this section, 378
"newspaper of general circulation" includes, but is not limited 379
to, both of the following:
(i) A newspaper that is a daily law journal designated as 381
an official publisher of court calendars pursuant to section 382
2701.09 of the Revised Code;
(ii) A newspaper or publication that has at least 384
twenty-five per cent editorial, non-advertising content, 385
exclusive of inserts, measured relative to total publication 386
space, and an audited circulation to at least fifty per cent of 387
the households in the newspaper's retail trade zone as defined by
the audit. 388
(6)(a) An issuer, or its subsidiary, that has a class of 390
securities to which all of the following apply: 391
(i) The class of securities is subject to section 12 of 393
the "Securities Exchange Act of 1934," 15 U.S.C.A. 78l, and is 394
registered or is exempt from registration under 15 U.S.C.A. 396
78l(g)(2)(A), (B), (C), (E), (F), (G), or (H);
(ii) The class of securities is listed on the New York 399
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stock exchange, the American stock exchange, or the NASDAQ 400
national market system;
(iii) The class of securities is a reported security as 402
defined in 17 C.F.R. 240.11Aa3-1(a)(4). 403
(b) An issuer, or its subsidiary, that formerly had a 405
class of securities that met the criteria set forth in division 406
(B)(6)(a) of this section if the issuer, or its subsidiary, has a 408
net worth in excess of one hundred million dollars, files or its 409
parent files with the securities and exchange commission an 410
S.E.C. form 10-K, and has continued in substantially the same 411
business since it had a class of securities that met the criteria
in division (B)(6)(a) of this section. As used in division 412
(B)(6)(b) of this section, "issuer" and "subsidiary" include the 413
successor to an issuer or subsidiary. 415
(7) A person soliciting a transaction regulated by the 417
commodity futures trading commission, if the person is registered 418
or temporarily registered for that activity with the commission 419
under 7 U.S.C.A. 1 et. seq. and the registration or temporary 420
registration has not expired or been suspended or revoked; 421
(8) A person soliciting the sale of any book, record, 423
audio tape, compact disc, or video, if the person allows the 424
purchaser to review the merchandise for at least seven days and 426
provides a full refund within thirty days to a purchaser who 427
returns the merchandise or if the person solicits the sale on 428
behalf of a membership club operating in compliance with 429
regulations adopted by the federal trade commission in 16 C.F.R. 430
425;
(9) A supervised financial institution or its subsidiary. 432
As used in division (B)(9) of this section, "supervised financial 434
institution" means a bank, trust company, savings and loan 435
association, savings bank, credit union, industrial loan company,
consumer finance lender, commercial finance lender, or 436
institution described in section 2(c)(2)(F) of the "Bank Holding 437
Company Act of 1956," 12 U.S.C.A. 1841(c)(2)(F), as amended, 438
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supervised by an official or agency of the United States, this 439
state, or any other state of the United States; or a licensee or 440
registrant under sections 1321.01 to 1321.19, 1321.51 to 1321.60, 441
or 1321.71 to 1321.83 of the Revised Code. 442
(10)(a) An insurance company, association, or other 444
organization that is licensed or authorized to conduct business 445
in this state by the superintendent of insurance pursuant to 446
Title XXXIX of the Revised Code or Chapter 1751. of the Revised 447
Code, when soliciting within the scope of its license or 449
authorization.
(b) A licensed insurance broker, agent, or solicitor when 452
soliciting within the scope of the person's license. As used in 453
division (B)(10)(b) of this section, "licensed insurance broker, 454
agent, or solicitor" means any person licensed as an insurance 455
broker, agent, or solicitor by the superintendent of insurance 456
pursuant to Title XXXIX of the Revised Code.
(11) A person soliciting the sale of services provided by 458
a cable television system operating under authority of a 459
governmental franchise or permit; 460
(12) A person soliciting a business-to-business sale under 462
which any of the following conditions are met: 463
(a) The telephone solicitor has been operating 465
continuously for at least three years under the same business 466
name under which it solicits purchasers, and at least fifty-one 467
per cent of its gross dollar volume of sales consists of repeat 468
sales to existing customers to whom it has made sales under the 469
same business name.
(b) The purchaser business intends to resell the goods 472
purchased.
(c) The purchaser business intends to use the goods or 475
services purchased in a recycling, reuse, manufacturing, or
remanufacturing process. 476
(d) The telephone solicitor is a publisher of a periodical 478
or of magazineS distributed as controlled circulation 479
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publicationS as defined in division (CC) of section 5739.01 of 480
the Revised Code and is soliciting sales of advertising, 481
subscriptions, reprints, lists, information databases, conference 482
participation or sponsorships, trade shows or media products 483
related to the periodical or magazine, or other publishing
services provided by the controlled circulation publication. 484
(13) A person that, not less often than once each year, 486
publishes and delivers to potential purchasers a catalog that 487
complies with both of the following: 488
(a) It includes all of the following: 490
(i) The business address of the seller; 492
(ii) A written description or illustration of each good or 495
service offered for sale;
(iii) A clear and conspicuous disclosure of the sale price 497
of each good or service; shipping, handling, and other charges; 499
and return policy;
(b) One of the following applies: 501
(i) The catalog includes at least twenty-four pages of 503
written material and illustrations, is distributed in more than 504
one state, and has an annual postage-paid mail circulation of not 505
less than two hundred fifty thousand households; 506
(ii) The catalog includes at least ten pages of written 508
material or an equivalent amount of material in electronic form 509
on the internet or an on-line computer service, the person does 510
not solicit customers by telephone but solely receives telephone 511
calls made in response to the catalog, and during the calls the 513
person takes orders but does not engage in further solicitation
of the purchaser. As used in division (B)(13)(b)(ii) of this 514
section, "further solicitation" does not include providing the 515
purchaser with information about, or attempting to sell, any 516
other item in the catalog that prompted the purchaser's call or 517
in a substantially similar catalog issued by the seller. 518
(14) A political subdivision or instrumentality of the 520
United States, this state, or any state of the United States; 522
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(15) A college or university or any other public or 524
private institution of higher education in this state; 525
(16) A public utility, as defined in section 4905.02 of 527
the Revised Code, that is subject to regulation by the public 528
utilities commission, or its affiliate; 529
(17) A travel agency or tour promoter that is registered 531
in compliance with section 1333.96 of the Revised Code when 532
soliciting within the scope of the agency's or promoter's 533
registration;
(18) A person that solicits sales through a television 535
program or advertisement that is presented in the same market 536
area no fewer than twenty days per month or offers for sale no 537
fewer than ten distinct items of goods or services; and offers to 538
the purchaser an unconditional right to return any good or 539
service purchased within a period of at least seven days and to 540
receive a full refund within thirty days after the purchaser
returns the good or cancels the service; 541
(19)(a) A person that, for at least one year, has been 543
operating a retail business under the same name as that used in 544
connection with telephone solicitation and both of the following 545
occur on a continuing basis: 546
(i) The person either displays goods and offers them for 548
retail sale at the person's business premises or offers services 549
for sale and provides them at the person's business premises. 550
(ii) At least fifty-one per cent of the person's gross 553
dollar volume of retail sales involves purchases of goods or
services at the person's business premises. 554
(b) An affiliate of a person that meets the requirements 556
in division (B)(19)(a) of this section if the affiliate meets all 558
of the following requirements:
(i) The affiliate has operated a retail business for a 560
period of less than one year; 561
(ii) The affiliate either displays goods and offers them 563
for retail sale at the affiliate's business premises or offers 564
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services for sale and provides them at the affiliate's business 565
premises;
(iii) At least fifty-one per cent of the affiliate's gross 567
dollar volume of retail sales involves purchases of goods or 568
services at the affiliate's business premises. 569
(c) A person that, for a period of less than one year, has 571
been operating a retail business in this state under the same 572
name as that used in connection with telephone solicitation, as 573
long as all of the following requirements are met: 574
(i) The person either displays goods and offers them for 576
retail sale at the person's business premises or offers services 577
for sale and provides them at the person's business premises; 578
(ii) The goods or services that are the subject of 580
telephone solicitation are sold at the person's business 581
premises, and at least sixty-five per cent of the person's gross 582
dollar volume of retail sales involves purchases of goods or 583
services at the person's business premises;
(iii) The person conducts all telephone solicitation 585
activities according to sections 310.3, 310.4, and 310.5 of the 586
telemarketing sales rule adopted by the federal trade commission 587
in 16 C.F.R. part 310.
(20) A person who performs telephone solicitation sales 589
services on behalf of other persons and to whom one of the 590
following applies:
(a) The person has operated under the same ownership, 592
control, and business name for at least five years, and the 593
person receives at least seventy-five per cent of its gross 594
revenues from written telephone solicitation contracts with 595
persons who come within one of the exemptions in division (B) of
this section. 596
(b) The person is an affiliate of one or more exempt 598
persons and makes telephone solicitations on behalf of only the 599
exempt persons of which it is an affiliate. 600
(c) The person makes telephone solicitations on behalf of 602
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only exempt persons, the person and each exempt person on whose 603
behalf telephone solicitations are made have entered into a 604
written contract that specifies the manner in which the telephone 605
solicitations are to be conducted and that at a minimum requires 606
compliance with the telemarketing sales rule adopted by the
federal trade commission in 16 C.F.R. part 310, and the person 608
conducts the telephone solicitations in the manner specified in 609
the written contract.
(d) The person performs telephone solicitation for 611
religious or political purposes, a charitable organization, a 612
fund-raising council, or a professional solicitor in compliance 613
with the registration and reporting requirements of Chapter 1716. 614
of the Revised Code; and meets all of the following requirements: 615
(i) The person has operated under the same ownership, 617
control, and business name for at least five years, and the 618
person receives at least fifty-one per cent of its gross revenues 619
from written telephone solicitation contracts with persons who 620
come within the exemption in division (B)(2) of this section; 621
(ii) The person does not conduct a prize promotion or 623
offer the sale of an investment opportunity; and 624
(iii) The person conducts all telephone solicitation 626
activities according to sections 310.3, 310.4, and 310.5 of the 627
telemarketing sales rules adopted by the federal trade commission 628
in 16 C.F.R. part 310. 629
(21) A person that is a licensed real estate salesperson 631
or broker under Chapter 4735. of the Revised Code when soliciting 632
within the scope of the person's license; 633
(22)(a) EITHER OF THE FOLLOWING: 635
(i) A publisher that solicits the sale of the publisher's 637
periodical or magazine of general, paid circulation, or a person 638
that solicits a sale of that nature on behalf of AS AUTHORIZED BY 639
a publisher under a written agreement directly between the 641
publisher and the person.
(ii) A PUBLISHER THAT SOLICITS THE SALE OF THE PUBLISHER'S 643
16
PERIODICAL OR MAGAZINE OF GENERAL, PAID CIRCULATION, OR A PERSON 644
THAT SOLICITS A SALE OF THAT NATURE AS AUTHORIZED BY A PUBLISHER 645
UNDER A WRITTEN AGREEMENT DIRECTLY WITH A PUBLISHER'S 647
CLEARINGHOUSE PROVIDED THE PERSON IS A RESIDENT OF OHIO FOR MORE 648
THAN THREE YEARS AND INITIATES ALL TELEPHONE SOLICITATIONS FROM 649
OHIO AND THE PERSON CONDUCTS THE SOLICITATION AND SALE IN 650
COMPLIANCE WITH 16 C.F.R. PART 310, AS ADOPTED BY THE FEDERAL 651
TRADE COMMISSION.
(b) As used in division (B)(22) of this section, 654
"periodical or magazine of general, paid circulation" excludes a 655
periodical or magazine circulated only as part of a membership 656
package or given as a free gift or prize from the publisher or 657
person.
(23) A person that solicits the sale of food, as defined 659
in section 3715.01 of the Revised Code, or the sale of products 660
of horticulture, as defined in section 5739.01 of the Revised 661
Code, if the person does not intend the solicitation to result 662
in, or the solicitation actually does not result in, a sale that 663
costs the purchaser an amount greater than five hundred dollars.
(24) A funeral director licensed pursuant to Chapter 4717. 665
of the Revised Code when soliciting within the scope of that 666
license, if both of the following apply: 667
(a) The solicitation and sale are conducted in compliance 669
with 16 C.F.R. part 453, as adopted by the federal trade 670
commission, and with sections 1107.33 and 1345.21 to 1345.28 of 671
the Revised Code;
(b) The person provides to the purchaser of any preneed 673
funeral contract a notice that clearly and conspicuously sets 674
forth the cancellation rights specified in division (G) of 675
section 1107.33 of the Revised Code, and retains a copy of the 676
that notice signed by the purchaser.
(25) A person, or affiliate thereof, licensed to sell or 678
issue Ohio instruments designated as travelers checks pursuant to 679
sections 1315.01 to 1315.11 of the Revised Code. 680
17
(26) A person that solicits sales from its previous 682
purchasers and meets all of the following requirements: 683
(a) The solicitation is made under the same business name 685
that was previously used to sell goods or services to the 686
purchaser;
(b) The person has, for a period of not less than three 688
years, operated a business under the same business name as that 689
used in connection with telephone solicitation; 690
(c) The person does not conduct a prize promotion or offer 692
the sale of an investment opportunity; 693
(d) The person conducts all telephone solicitation 695
activities according to sections 310.3, 310.4, and 310.5 of the 696
telemarketing sales rules adopted by the federal trade commission 697
in 16 C.F.R. part 310;
(e) Neither the person nor any of its principals has been 699
convicted of, pleaded guilty to, or has entered a plea of no 700
contest for a felony or a theft offense as defined in sections 701
2901.02 and 2913.01 of the Revised Code or similar law of another 702
state or of the United States;
(f) Neither the person nor any of its principals has had 704
entered against them an injunction or a final judgment or order, 705
including an agreed judgment or order, an assurance of voluntary 706
compliance, or any similar instrument, in any civil or 707
administrative action involving engaging in a pattern of corrupt 708
practices, fraud, theft, embezzlement, fraudulent conversion, or 709
misappropriation of property; the use of any untrue, deceptive,
or misleading representation; or the use of any unfair, unlawful, 710
deceptive, or unconscionable trade act or practice. 711
(27) An institution defined as a home health agency in 713
section 3701.88 of the Revised Code, that conducts all telephone 714
solicitation activities according to sections 310.3, 310.4, and 715
310.5 of the telemarketing sales rules adopted by the federal 716
trade commission in 16 C.F.R. part 310, and engages in telephone 717
solicitation only within the scope of the institution's 718
18
certification, accreditation, contract with the department of
aging, or status as a home health agency; and that meets one of 719
the following requirements: 720
(a) The institution is certified as a provider of home 722
health services under Title XVIII of the Social Security Act, 49 724
Stat. 620, 42 U.S.C. 301, as amended; and is registered with the 725
department of health pursuant to division (B) of section 3701.88 726
of the Revised Code; 727
(b) The institution is accredited by either the joint 729
commission on accreditation of health care organizations or the 730
community health accreditation program; 731
(c) The institution is providing PASSPORT services under 734
the direction of the Ohio department of aging under section
173.40 of the Revised Code; 735
(d) An affiliate of an institution that meets the 737
requirements of division (B)(27)(a), (b), or (c) of this section 739
when offering for sale substantially the same goods and services 740
as those that are offered by the institution that meets the
requirements of division (B)(27)(a), (b), or (c) of this section. 742
(28) A person licensed to provide a hospice care program 744
by the department of health pursuant to section 3712.04 of the 745
Revised Code when conducting telephone solicitations within the 747
scope of the person's license and according to sections 310.3, 748
310.4, and 310.5 of the telemarketing sales rules adopted by the 749
federal trade commission in 16 C.F.R. part 310.
Section 2. That existing sections 2917.21, 2917.31, 751
2917.32, and 4719.01 of the Revised Code are hereby repealed. 753