SENATORS Hottinger, Goodman, Fingerhut, Armbruster, Blessing, Brady, Carnes, Coughlin, DiDonato, Espy, Harris, Jacobson, Mead, Mumper, Nein, Oelslager, Roberts, Robert Gardner, Spada

To amend section 4719.08 and to enact section 4719.21

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of the Revised Code to prohibit a telephone

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solicitor from intentionally blocking, or

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intentionally authorizing or causing to be blocked,

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the disclosure of the telephone number from which a

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telephone solicitation is made, and to provide for

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enforcement for some telephone solicitors under the

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telemarketing fraud law and for enforcement for all

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telephone solicitors under the law governing

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consumer sales practices.

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BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:

Section 1.  That section 4719.08 be amended and section	11
4719.21 of the Revised Code be enacted to read as follows:	12

Sec. 4719.08.  No telephone solicitor shall do any of the	13
following:	14

(A) Obtain a certificate of registration or registration	15
renewal under section 4719.03 of the Revised Code through any	16
false or fraudulent representation or make any material	17
misrepresentation in any registration or registration renewal	18
application;	19

(B) Fail to maintain a valid certificate of registration or	20
registration renewal;	21

(C) Advertise that one is registered as a telephone	22
solicitor or represent that registration as a telephone solicitor	23
constitutes approval or endorsement by any government or	24
governmental office or agency;	25

(D) Provide inaccurate or incomplete information to the	26
attorney general when making an application for a certificate or	27
certificate renewal;	28

(E) Misrepresent that a person is registered or that the	29
person has a valid certificate number;	30

(F) Misrepresent, directly or by implication, any of the	31
following information:	32

(1) The total costs to purchase, receive, or use, and the	33
quantity of, any goods or services that are the subject of a	34
telephone solicitation;	35

(2) A material restriction, limitation, or condition to	36
purchase, receive, or use goods or services that are the subject	37
of a telephone solicitation;	38

(3) A material aspect of the performance, efficacy, nature,	39
or characteristics of goods or services that are the subject of a	40
telephone solicitation;	41

(4) A material aspect of the nature or terms of the	42
telephone solicitor's refund, cancellation, exchange, or	43
repurchase policies;	44

(5) A material aspect of a prize promotion, including, but	45
not limited to, the odds of being able to receive a prize, the	46
nature or value of a prize, or that a purchase or payment of any	47
kind is required to win a prize or to participate in a prize	48
promotion;	49

(6) A material aspect of an investment opportunity,	50
including, but not limited to, risk, liquidity, earnings	51
potential, or profitability;	52

(7) The telephone solicitor's affiliation with, or	53
endorsement by, any government or third-party organization.	54

(G) Make a false or misleading statement to induce a	55
purchaser to pay for goods or services;	56

(H) Fail to notify the attorney general within fifteen days	57
if, in a court of competent jurisdiction of this state or any	58
other state or of the United States, the telephone solicitor is	59
convicted of, pleads guilty to, or enters a plea of no contest for	60
a felony, engaging in a pattern of corrupt activity, racketeering,	61
a violation of federal or state securities law, or a theft offense	62
as defined in section 2913.01 of the Revised Code or in similar	63
law of any other state or of the United States;	64

(I) Intentionally block or intentionally authorize or cause	65
to be blocked the disclosure of the telephone number from which a	66
telephone solicitation is made.	67

Sec. 4719.21.  (A) As used in this section, "telephone	68
solicitation" and "telephone solicitor" have the same meanings as	69
in division (A) of section 4719.01 of the Revised Code.	70

(B) No telephone solicitor shall intentionally block or	71
intentionally authorize or cause to be blocked the disclosure of	72
the telephone number from which a telephone solicitation is made.	73

(C) A violation of division (B) of this section is an unfair	74
or deceptive act or practice in violation of section 1345.02 of	75
the Revised Code. A person injured by a violation of division (B)	76
of this section has a cause of action and is entitled to the same	77
relief available to a consumer under section 1345.09 of the	78
Revised Code, and all powers and remedies available to the	79
attorney general to enforce sections 1345.01 to 1345.13 of the	80
Revised Code are available to the attorney general to enforce	81
division (B) of this section.	82

Section 2. That existing section 4719.08 of the Revised Code	83
is hereby repealed.	84