H. B. No. 38 As Introduced

Representatives Willamowski, Hagan, McGregor, Seitz, Setzer, Schaffer, Buehrer

A BILL

To amend section 4165.02 of the Revised Code to make 1
the performance of a service for compensation 2
without a required license, certificate, permit, 3
or registration a deceptive trade practice and to 4
create a civil cause of action for injunctive 5
relief and damages under the Deceptive Trade 6
Practices Law against a person who performs a 7
service without a required license, certificate, 8
permit, or registration. 9

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

       Section 1. That section 4165.02 of the Revised Code be 10
amended to read as follows: 11

       Sec. 4165.02. (A) A person engages in a deceptive trade 12
practice when, in the course of the person's business, vocation, 13
or occupation, the person does any of the following: 14

       (1) Passes off goods or services as those of another; 15

       (2) Causes likelihood of confusion or misunderstanding as to 16
the source, sponsorship, approval, or certification of goods or 17
services; 18

       (3) Causes likelihood of confusion or misunderstanding as to 19
affiliation, connection, or association with, or certification by, 20
another; 21

       (4) Uses deceptive representations or designations of 22
geographic origin in connection with goods or services; 23

       (5) Lists a fictitious business name in a local telephone 24
directory that is published on or after ~~the effective date of this~~ 25
~~amendment~~March 30, 1999, in circumstances in which all of the 26
following apply: 27

       (a) The person's fictitious business name is not registered 28
as a trade name with, or its use as a fictitious name has not been 29
reported to, the secretary of state under sections 1329.01 to 30
1329.10 of the Revised Code. 31

       (b) The person's listed fictitious business name 32
misrepresents the geographic location of the person, because that 33
name includes a reference to a political subdivision or another 34
geographic area of this state,; the person does not have business 35
premises in that political subdivision or other geographic area 36
from which the person sells, leases, rents, or otherwise provides 37
particular goods or services in this state,; and the person's use 38
of that name causes a likelihood of confusion or misunderstanding 39
by consumers as to the geographic location with which the 40
consumers are dealing in the purchase, lease, rental, or other 41
provision of, or will be dealing in the resolution of problems 42
that may arise in connection with, particular goods or services. 43

       (c) The local telephone directory listing of the person's 44
fictitious business name does not identify the political 45
subdivision and, if the person is not located in this state, the 46
state in which are located the person's business premises with 47
which consumers are dealing in the purchase, lease, rental, or 48
other provision of, or will be dealing in the resolution of 49
problems that may arise in connection with, particular goods or 50
services. 51

       (d) Telephone calls to the local telephone number listed for 52
the person's fictitious business name routinely are forwarded or 53
otherwise transferred to business premises of the person that are 54
located outside the calling area covered by the local telephone 55
directory. 56

       (6) Lists a fictitious business name in a directory 57
assistance database on or after ~~the effective date of this~~ 58
~~amendment~~March 30, 1999, the circumstances described in divisions 59
(A)(5)(a) and (b) of this section apply regarding the person's 60
listed fictitious business name, and telephone calls to the local 61
telephone number listed for the person's fictitious business name 62
routinely are forwarded or otherwise transferred to business 63
premises of the person that are located outside the local calling 64
area; 65

       (7) Represents that goods or services have sponsorship, 66
approval, characteristics, ingredients, uses, benefits, or 67
quantities that they do not have or that a person has a 68
sponsorship, approval, status, affiliation, or connection that the 69
person does not have; 70

       (8) Represents that goods are original or new if they are 71
deteriorated, altered, reconditioned, reclaimed, used, or 72
secondhand; 73

       (9) Represents that goods or services are of a particular 74
standard, quality, or grade, or that goods are of a particular 75
style or model, if they are of another; 76

       (10) Disparages the goods, services, or business of another 77
by false representation of fact; 78

       (11) Advertises goods or services with intent not to sell 79
them as advertised; 80

       (12) Makes false statements of fact concerning the reasons 81
for, existence of, or amounts of price reductions; 82

       (13) Advertises goods or services with intent not to supply 83
reasonably expectable public demand, unless the advertisement 84
discloses a limitation of quantity; 85

       (14) Performs for or with the expectation of compensation, 86
whether directly or indirectly received, a service for which a 87
license, certificate, permit, or registration is required, 88
including licenses, certificates, permits, or registrations 89
required under Chapters 917., 921., 926., 927., 943., 1321., 90
1322., 3710., 3723., 3742., 3748., 3773., 3905., 3951., 3959., 91
4701., 4703., 4705., 4707., 4709., 4710., 4712., 4713., 4715., 92
4717., 4719., 4723., 4725., 4727., 4728., 4729., 4730., 4731., 93
4732., 4733., 4734., 4735., 4736., 4737., 4738., 4739., 4740., 94
4741., 4747., 4749., 4751., 4753., 4755., 4757., 4759., 4760., 95
4761., 4762., 4763., 4765., 4766., 4771., 4773., 4775., 4777., 96
4779., and 5104. of the Revised Code, while not holding a current 97
and valid license, certificate, permit, or registration. 98

       (B) In order to prevail in a civil action under section 99
4165.03 of the Revised Code that seeks injunctive relief or an 100
award of damages and that is based on one or more deceptive trade 101
practices listed in division (A) of this section, a complainant 102
need not prove competition between the parties to the civil 103
action. 104

       (C) This section does not affect unfair trade practices that 105
are otherwise actionable at common law or under other sections of 106
the Revised Code. 107

       (D) A telephone company, provider of directory assistance, 108
publisher of a local telephone directory, or officer, employee, or 109
agent of the company, provider, or publisher shall not be liable 110
in a civil action under section 4165.03 of the Revised Code for 111
publishing in any directory or directory assistance database the 112
listing of a fictitious business name of a person who commits a 113
deceptive trade practice that is listed in division (A) of this 114
section unless the telephone company, provider of directory 115
assistance, publisher of a local telephone directory, or officer, 116
employee, or agent of the company, provider, or publisher is the 117
person who committed the deceptive trade practice listed in 118
division (A) of this section. 119

       Section 2. That existing section 4165.02 of the Revised Code 120
is hereby repealed. 121

Section 1. That section 4165.02 of the Revised Code be	10
amended to read as follows:	11

Sec. 4165.02. (A) A person engages in a deceptive trade	12
practice when, in the course of the person's business, vocation,	13
or occupation, the person does any of the following:	14

(2) Causes likelihood of confusion or misunderstanding as to	16
the source, sponsorship, approval, or certification of goods or	17
services;	18

(3) Causes likelihood of confusion or misunderstanding as to	19
affiliation, connection, or association with, or certification by,	20
another;	21

(4) Uses deceptive representations or designations of	22
geographic origin in connection with goods or services;	23

(5) Lists a fictitious business name in a local telephone	24
directory that is published on or after ~~the effective date of this~~	25
~~amendment~~March 30, 1999, in circumstances in which all of the	26
following apply:	27

(a) The person's fictitious business name is not registered	28
as a trade name with, or its use as a fictitious name has not been	29
reported to, the secretary of state under sections 1329.01 to	30
1329.10 of the Revised Code.	31

(b) The person's listed fictitious business name	32
misrepresents the geographic location of the person, because that	33
name includes a reference to a political subdivision or another	34
geographic area of this state,; the person does not have business	35
premises in that political subdivision or other geographic area	36
from which the person sells, leases, rents, or otherwise provides	37
particular goods or services in this state,; and the person's use	38
of that name causes a likelihood of confusion or misunderstanding	39
by consumers as to the geographic location with which the	40
consumers are dealing in the purchase, lease, rental, or other	41
provision of, or will be dealing in the resolution of problems	42
that may arise in connection with, particular goods or services.	43

(c) The local telephone directory listing of the person's	44
fictitious business name does not identify the political	45
subdivision and, if the person is not located in this state, the	46
state in which are located the person's business premises with	47
which consumers are dealing in the purchase, lease, rental, or	48
other provision of, or will be dealing in the resolution of	49
problems that may arise in connection with, particular goods or	50
services.	51

(d) Telephone calls to the local telephone number listed for	52
the person's fictitious business name routinely are forwarded or	53
otherwise transferred to business premises of the person that are	54
located outside the calling area covered by the local telephone	55
directory.	56

(6) Lists a fictitious business name in a directory	57
assistance database on or after ~~the effective date of this~~	58
~~amendment~~March 30, 1999, the circumstances described in divisions	59
(A)(5)(a) and (b) of this section apply regarding the person's	60
listed fictitious business name, and telephone calls to the local	61
telephone number listed for the person's fictitious business name	62
routinely are forwarded or otherwise transferred to business	63
premises of the person that are located outside the local calling	64
area;	65

(7) Represents that goods or services have sponsorship,	66
approval, characteristics, ingredients, uses, benefits, or	67
quantities that they do not have or that a person has a	68
sponsorship, approval, status, affiliation, or connection that the	69
person does not have;	70

(8) Represents that goods are original or new if they are	71
deteriorated, altered, reconditioned, reclaimed, used, or	72
secondhand;	73

(9) Represents that goods or services are of a particular	74
standard, quality, or grade, or that goods are of a particular	75
style or model, if they are of another;	76

(10) Disparages the goods, services, or business of another	77
by false representation of fact;	78

(11) Advertises goods or services with intent not to sell	79
them as advertised;	80

(12) Makes false statements of fact concerning the reasons	81
for, existence of, or amounts of price reductions;	82

(13) Advertises goods or services with intent not to supply	83
reasonably expectable public demand, unless the advertisement	84
discloses a limitation of quantity;	85

(14) Performs for or with the expectation of compensation,	86
whether directly or indirectly received, a service for which a	87
license, certificate, permit, or registration is required,	88
including licenses, certificates, permits, or registrations	89
required under Chapters 917., 921., 926., 927., 943., 1321.,	90
1322., 3710., 3723., 3742., 3748., 3773., 3905., 3951., 3959.,	91
4701., 4703., 4705., 4707., 4709., 4710., 4712., 4713., 4715.,	92
4717., 4719., 4723., 4725., 4727., 4728., 4729., 4730., 4731.,	93
4732., 4733., 4734., 4735., 4736., 4737., 4738., 4739., 4740.,	94
4741., 4747., 4749., 4751., 4753., 4755., 4757., 4759., 4760.,	95
4761., 4762., 4763., 4765., 4766., 4771., 4773., 4775., 4777.,	96
4779., and 5104. of the Revised Code, while not holding a current	97
and valid license, certificate, permit, or registration.	98

(B) In order to prevail in a civil action under section	99
4165.03 of the Revised Code that seeks injunctive relief or an	100
award of damages and that is based on one or more deceptive trade	101
practices listed in division (A) of this section, a complainant	102
need not prove competition between the parties to the civil	103
action.	104

(C) This section does not affect unfair trade practices that	105
are otherwise actionable at common law or under other sections of	106
the Revised Code.	107

(D) A telephone company, provider of directory assistance,	108
publisher of a local telephone directory, or officer, employee, or	109
agent of the company, provider, or publisher shall not be liable	110
in a civil action under section 4165.03 of the Revised Code for	111
publishing in any directory or directory assistance database the	112
listing of a fictitious business name of a person who commits a	113
deceptive trade practice that is listed in division (A) of this	114
section unless the telephone company, provider of directory	115
assistance, publisher of a local telephone directory, or officer,	116
employee, or agent of the company, provider, or publisher is the	117
person who committed the deceptive trade practice listed in	118
division (A) of this section.	119

Section 2. That existing section 4165.02 of the Revised Code	120
is hereby repealed.	121