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| To amend section 4710.01 and to enact sections | 1 |
| 4710.20 to 4710.43 of the Revised Code to | 2 |
| establish licensing and regulation of debt | 3 |
| settlement services. | 4 |
| Section 1. That section 4710.01 be amended and sections | 5 |
| 4710.20, 4710.21, 4710.22, 4710.23, 4710.24, 4710.25, 4710.26, | 6 |
| 4710.27, 4710.28, 4710.29, 4710.30, 4710.31, 4710.32, 4710.33, | 7 |
| 4710.34, 4710.35, 4710.36, 4710.37, 4710.38, 4710.39, 4710.40, | 8 |
| 4710.41, 4710.42, and 4710.43 of the Revised Code be enacted to | 9 |
| read as follows: | 10 |
| Sec. 4710.01. As used in this chapter: | 11 |
| (A) "Person" includes individuals, partnerships, | 12 |
| associations, corporations, trusts, and other legal entities. | 13 |
| (B) "Debt adjusting" means doing business in debt adjusting, | 14 |
| budget counseling, debt management, or debt pooling service, or | 15 |
| holding oneself out, by words of similar import, as providing | 16 |
| services to debtors in the management of their debts, to do either | 17 |
| of the following: | 18 |
| (1) To effect the adjustment, compromise, or discharge of any | 19 |
| account, note, or other indebtedness of the debtor; | 20 |
| (2) To receive from the debtor and disburse to the debtor's | 21 |
| creditors any money or other thing of value. | 22 |
| "Debt adjusting" does not include debt settlement service as | 23 |
| defined in section 4710.20 of the Revised Code. | 24 |
| (C) "Resides" means to live in a particular place on a | 25 |
| temporary or a permanent basis. | 26 |
| Sec. 4710.20. As used in sections 4710.20 to 4710.43 of the | 27 |
| Revised Code: | 28 |
| (A) "Affiliate" means a person that controls, is controlled | 29 |
| by, or is under common control with the licensee. | 30 |
| (B) "Agreement" means an agreement between a provider and an | 31 |
| individual for the performance of debt settlement services. | 32 |
| (C) "Business address" means the physical location of a | 33 |
| business, including the name and number of a street. | 34 |
| (D) "Concessions" means assent to repayment of a debt on | 35 |
| terms more favorable to an individual than the terms of the | 36 |
| contract between the individual and a creditor. | 37 |
| (E) "Day" means a calendar day. | 38 |
| (F) "Debt settlement services" means the services as an | 39 |
| intermediary between an individual and one or more unsecured | 40 |
| creditors of the individual for the purpose of obtaining | 41 |
| concessions and without receiving money from the individual for | 42 |
| distribution of that money to the individual's creditor, but does | 43 |
| not include any of the following: | 44 |
| (1) Legal services provided in an attorney-client | 45 |
| relationship by an attorney licensed or otherwise authorized to | 46 |
| practice law in this state; | 47 |
| (2) Accounting services provided in an accountant–client | 48 |
| relationship by a certified public accountant licensed to provide | 49 |
| accounting services in this state; or | 50 |
| (3) Financial planning services provided in a financial | 51 |
| planner-client relationship by a member of a financial planning | 52 |
| profession who holds current certification by the certified | 53 |
| financial planner board of standards, inc. | 54 |
| (G) "Financial institution" means any national bank, any bank | 55 |
| doing business under authority granted by the superintendent of | 56 |
| financial institutions or the regulatory authority of another | 57 |
| state of the United States, any federal savings association, any | 58 |
| savings and loan association or savings bank doing business under | 59 |
| authority granted by the superintendent or the regulatory | 60 |
| authority of another state of the United States, or any credit | 61 |
| union regulated by a state or federal regulatory authority. | 62 |
| (H) "Good faith" means honesty in fact and the observance of | 63 |
| reasonable standards of fair dealing. | 64 |
| (I) "Person" means an individual, corporation, business | 65 |
| trust, estate, trust, partnership, limited liability company, | 66 |
| association, joint venture, or any other legal or commercial | 67 |
| entity. The term does not include a public corporation, | 68 |
| government, or governmental subdivision, agency, or | 69 |
| instrumentality. | 70 |
| (J) "Program" means a program or strategy in which a provider | 71 |
| furnishes debt settlement services, which contemplate that | 72 |
| creditors will settle debts for less than the full amount of debt | 73 |
| owed by an individual, and in which the individual makes payments | 74 |
| directly to the creditors. | 75 |
| (K) "Record" means information that is inscribed on a | 76 |
| tangible medium or that is stored in an electronic or other medium | 77 |
| and is retrievable in a perceivable form. | 78 |
| (L) "Sign" means, with present intent to authenticate or | 79 |
| adopt a record: | 80 |
| (1) To execute or adopt a tangible symbol; or | 81 |
| (2) To attach to or logically associate with the record an | 82 |
| electronic sound, symbol, or process. | 83 |
| (M) "State" means, except when the context indicates the term | 84 |
| is referring to the state of Ohio, a state of the United States, | 85 |
| the District of Columbia, Puerto Rico, the United States Virgin | 86 |
| Islands, or any territory or insular possession subject to the | 87 |
| jurisdiction of the United States. | 88 |
| (N) "Settlement" means an arrangement under which a creditor | 89 |
| accepts concessions on an individual's account resulting from | 90 |
| negotiations conducted by a provider of debt settlement services | 91 |
| and money is paid to the creditor. | 92 |
| Sec. 4710.21. (A) No person shall provide debt settlement | 93 |
| services for compensation without first having obtained a license, | 94 |
| from the director of commerce under sections 4710.20 to 4710.43 of | 95 |
| the Revised Code, for each business location to be maintained by | 96 |
| the person for the transaction of business in this state. | 97 |
| (B) Sections 4710.20 to 4710.43 of the Revised Code do not | 98 |
| apply to the following persons or their employees when the person | 99 |
| or the employee is engaged in the regular course of the person's | 100 |
| business or profession: | 101 |
| (1) A judicial officer, a person acting under an order of a | 102 |
| court or an administrative agency, or an assignee for the benefit | 103 |
| of creditors; | 104 |
| (2) A financial institution, bank holding company, or the | 105 |
| subsidiary, agent, or affiliate of either; | 106 |
| (3) A title insurer, escrow company, or other person that | 107 |
| provides bill-paying services if the provision of debt settlement | 108 |
| services is incidental to the bill-paying services; | 109 |
| (4) An employee of a licensee who is working under the | 110 |
| supervision of the licensee at the place of business maintained | 111 |
| under a license issued pursuant to sections 4710.20 to 4710.43 of | 112 |
| the Revised Code. | 113 |
| Sec. 4710.22. (A) Application for an original or renewal | 114 |
| license to provide debt settlement services shall be in writing, | 115 |
| signed under oath, and in the form prescribed by the director of | 116 |
| commerce. The application form shall contain a statement informing | 117 |
| the applicant that a false or dishonest answer to a question may | 118 |
| be grounds for denial or subsequent suspension or revocation of | 119 |
| the applicant's license. The application for an original or | 120 |
| renewal license shall be accompanied by a license fee as | 121 |
| determined by the director by rule, and shall contain all of the | 122 |
| following: | 123 |
| (1) The applicant's name, principal business address and | 124 |
| telephone number, and all of the applicant's other business | 125 |
| addresses in this state, electronic mail addresses, and internet | 126 |
| web site addresses; | 127 |
| (2) All names under which the applicant conducts business; | 128 |
| (3) The address of each location in this state at which the | 129 |
| applicant will provide debt settlement services or a statement | 130 |
| that the applicant does not maintain a physical location in the | 131 |
| state; | 132 |
| (4) The name and home address of each officer and director of | 133 |
| the applicant and each person that owns at least ten per cent of | 134 |
| the applicant's business; | 135 |
| (5) A statement describing, to the extent it is known or | 136 |
| should be known by the applicant, any material civil or criminal | 137 |
| judgment relating to financial fraud or misuse, any material | 138 |
| violation of state or federal securities laws, and any material | 139 |
| administrative or enforcement action relating to financial fraud | 140 |
| or misuse by a governmental agency in any jurisdiction against the | 141 |
| applicant, any of its officers, directors, owners, or agents; | 142 |
| (6) A copy of each form of agreement that the applicant will | 143 |
| use with individuals who reside in this state; | 144 |
| (7) The schedule of fees and charges that the applicant will | 145 |
| use with individuals who reside in this state; | 146 |
| (8) A copy or description of any ownership interest of at | 147 |
| least ten per cent by a director, owner, or employee of the | 148 |
| applicant's debt settlement services; | 149 |
| (9) A description of any ownership interest of at least ten | 150 |
| per cent by a director, owner, or employee of the applicant in: | 151 |
| (a) Any affiliate of the applicant; or | 152 |
| (b) Any entity that provides products or services to the | 153 |
| applicant or any individual relating to the applicant's debt | 154 |
| settlement services. | 155 |
| (10) The identity of each director who is an affiliate of the | 156 |
| applicant; | 157 |
| (11) Evidence that the applicant has a resident agent in the | 158 |
| state recorded with the secretary of state; | 159 |
| (12) Any other information that the director reasonably | 160 |
| requires to perform the director's duties, which the director may | 161 |
| require by rule. | 162 |
| (B) The director may, upon receipt and review of an | 163 |
| application, request additional information that the director | 164 |
| reasonably requires to perform the director's duties. | 165 |
| (C) The term of any license issued pursuant to sections | 166 |
| 4710.20 to 4710.43 of the Revised Code shall not be more than one | 167 |
| year. Licensees who wish to renew their license must submit an | 168 |
| application for renewal at least thirty days, but not more than | 169 |
| sixty days, before the license expiration date. | 170 |
| (D) If a person who provides debt settlement services holds a | 171 |
| license or certificate of registration in another state | 172 |
| authorizing it to provide debt settlement services, the person may | 173 |
| submit a copy of that license or certificate and the application | 174 |
| for it instead of the application in the form prescribed by this | 175 |
| section if all of the following apply: | 176 |
| (1) The application in the other state contains information | 177 |
| substantially similar to or more comprehensive than that required | 178 |
| in an application submitted in this state. | 179 |
| (2) The applicant provides the information required by | 180 |
| divisions (A)(1), (3), (6), and (7) of this section. | 181 |
| (3) The applicant certifies that the information contained in | 182 |
| the application is current, and to the extent it is not current, | 183 |
| supplements the application to make the information current. | 184 |
| Sec. 4710.23. (A) The director of commerce shall issue an | 185 |
| original or renewal certificate of licensure to the applicant | 186 |
| unless the director finds any of the following: | 187 |
| (1) The applicant has not complied with the requirements of | 188 |
| section 4710.22 of the Revised Code. | 189 |
| (2) The application contains information that is materially | 190 |
| erroneous or incomplete. | 191 |
| (3) An officer, director, or owner of the applicant has been | 192 |
| convicted of a crime, or suffered a civil judgment, involving | 193 |
| dishonesty or the violation of state or federal securities laws. | 194 |
| (4) The application is not accompanied by the fee established | 195 |
| by the director. | 196 |
| (5) There is reasonable evidence to support the director's | 197 |
| opinion that the applicant will not provide debt settlement | 198 |
| services in a lawful, honest, and fair manner. | 199 |
| (B) The director shall approve or deny an initial license | 200 |
| within sixty days after an application is filed. In connection | 201 |
| with a request pursuant to division (B) of section 4710.22 of the | 202 |
| Revised Code for additional information, the director may extend | 203 |
| the sixty-day period for not more than forty-five days. | 204 |
| (C) If a licensee has filed a timely and complete application | 205 |
| for license renewal, the license remains in effect until the | 206 |
| director notifies the applicant of a denial. | 207 |
| (D) Within seven days after issuing an order denying an | 208 |
| application the director shall notify the applicant of the denial, | 209 |
| the grounds for the denial, and the applicant's opportunity for a | 210 |
| hearing pursuant to Chapter 119. of the Revised Code. If the | 211 |
| application is denied, the superintendent shall return the annual | 212 |
| license fee. | 213 |
| (E) If the director has denied an application for a renewal | 214 |
| license, the licensee, within thirty days after receiving notice | 215 |
| of the denial, may appeal and request a hearing in accordance with | 216 |
| Chapter 119. of the Revised Code. While an appeal is pending, the | 217 |
| licensee shall continue to provide debt settlement services to | 218 |
| individuals with whom the licensee has agreements. If the | 219 |
| licensee's appeal fails, the licensee may, with the approval of | 220 |
| the director, continue to provide debt settlement services to | 221 |
| individuals with whom it has agreements until the licensee | 222 |
| transfers the agreements to another licensee. | 223 |
| Sec. 4710.24. Not more than one license shall be issued | 224 |
| under sections 4710.20 to 4710.43 of the Revised Code per single | 225 |
| place of business, but the director of commerce may issue | 226 |
| additional licenses for other places of business to the same | 227 |
| licensee upon compliance with those sections. | 228 |
| No change in the place of business of a licensee shall be | 229 |
| permitted under the same license. When a licensee wishes to change | 230 |
| the licensee's place of business the licensee shall give written | 231 |
| notice thereof in advance to the director who shall provide a | 232 |
| license for the new address, without cost. | 233 |
| Sec. 4710.25. No person licensed under sections 4710.20 to | 234 |
| 4710.43 of the Revised Code shall conduct business in this state | 235 |
| unless the licensee has obtained and maintains in effect at all | 236 |
| times a corporate surety bond issued by a bonding company or | 237 |
| insurance company authorized to do business in this state. The | 238 |
| bond shall be in favor of the director of commerce and in a penal | 239 |
| sum the director determines is warranted by the financial | 240 |
| condition and business experience of the licensee, the history of | 241 |
| the licensee in performing debt settlement services, the risk to | 242 |
| individuals, and any other factor the director considers | 243 |
| appropriate. The penal sum shall be at least ten thousand dollars | 244 |
| and not more than fifty thousand dollars. | 245 |
| The term of the bond shall coincide with the term of the | 246 |
| license. The licensee shall file a copy of the bond with the | 247 |
| superintendent. The bond shall be for the exclusive benefit of any | 248 |
| individual injured by a violation of or failure to comply with any | 249 |
| provision of sections 4710.20 to 4710.43 of the Revised Code by a | 250 |
| licensee or an employee of a licensee. | 251 |
| Sec. 4710.26. A licensee shall do all of the following: | 252 |
| (A) Act in good faith when engaging in the business of debt | 253 |
| settlement services; | 254 |
| (B) Maintain a toll-free communication system, staffed at a | 255 |
| level that reasonably permits an individual to speak to a customer | 256 |
| service representative, as appropriate, during ordinary business | 257 |
| hours; | 258 |
| (C) Establish an internal formal complaint policy that | 259 |
| creates a process for the licensee to receive, review, and address | 260 |
| or resolve formal complaints internally. The availability of this | 261 |
| process shall be communicated in writing to individuals enrolled | 262 |
| in the licensee's program. This policy shall include a provision | 263 |
| that all consumers who file a formal complaint shall receive a | 264 |
| response from the licensee within a reasonable time from the | 265 |
| licensee's receipt of such complaint. The licensee shall maintain | 266 |
| a file for each such formal complaint that documents the | 267 |
| complaint, the licensee's actions in response to the complaint, | 268 |
| and if and how the complaint was resolved. | 269 |
| (D) Provide all disclosures and documents required by | 270 |
| sections 4710.20 to 4710.43 of the Revised Code in English and in | 271 |
| any other language the licensee has or will use primarily to | 272 |
| communicate with the individual. | 273 |
| Sec. 4710.27. (A) Before providing debt settlement services, | 274 |
| a licensee shall give the individual an itemized list of goods and | 275 |
| services and the charges for each. The list must be clear and | 276 |
| conspicuous. | 277 |
| (B) A licensee may not furnish debt settlement services | 278 |
| unless the licensee has prepared a financial analysis with respect | 279 |
| to the income and debts of the individual seeking service. | 280 |
| (C) Before an individual assents to an agreement to engage in | 281 |
| a program, a licensee shall do the following: | 282 |
| (1) Provide the individual with a copy of the financial | 283 |
| analysis required by division (B) of this section in a record that | 284 |
| identifies the licensee and that the individual may keep whether | 285 |
| or not the individual assents to the agreement; | 286 |
| (2) Inform the individual of the availability, at the | 287 |
| individual's option, of assistance by a toll-free communication | 288 |
| system or in person to discuss the financial analysis required by | 289 |
| division (B) of this section. | 290 |
| (D) Before an individual assents to an agreement to engage in | 291 |
| a program, the licensee shall inform the individual of the | 292 |
| following: | 293 |
| (1) Programs are not suitable for all individuals. | 294 |
| (2) Participation in a program may adversely affect the | 295 |
| individual's credit rating or credit scores. | 296 |
| (3) Nonpayment of debt may lead creditors to increase finance | 297 |
| and other charges or undertake collection activity, including | 298 |
| litigation. | 299 |
| (4) If a creditor settles for less than the full amount of | 300 |
| the debt, the program may result in the creation of taxable income | 301 |
| to the individual, even if the individual does not receive any | 302 |
| money. | 303 |
| (5) Specific results cannot be predicted or guaranteed and | 304 |
| the licensee cannot force negotiations or settlements with | 305 |
| creditors but will advocate solely on behalf of the individual. | 306 |
| (6) Programs require that individuals meet a certain savings | 307 |
| goal in order to maximize settlement results. | 308 |
| (7) The licensee does not provide accounting or legal advice | 309 |
| to individuals, unless the licensee is professionally licensed to | 310 |
| provide such advice. | 311 |
| (8) The licensee is the individual's advocate and may not | 312 |
| receive compensation from creditors, financial institutions, or | 313 |
| third-party collection agencies. | 314 |
| (9) The licensee does not make payments to the individual's | 315 |
| creditors. | 316 |
| (10) The name and business address of the licensee. | 317 |
| Sec. 4710.28. (A) As used in this section: | 318 |
| (1) "Federal act" means the "Electronic Signatures in Global | 319 |
| and National Commerce Act," 114 Stat. 464, 15 U.S.C. 7001 et seq., | 320 |
| as amended. | 321 |
| (2) "Consumer" means an individual who seeks or obtains goods | 322 |
| or services that are used primarily for personal, family, or | 323 |
| household purposes. | 324 |
| (B) A licensee may satisfy the requirements of sections | 325 |
| 4710.27, 4710.29, and 4710.35 of the Revised Code by utilizing the | 326 |
| internet or other electronic means if the licensee obtains a | 327 |
| consumer's consent in the manner provided for in the federal act. | 328 |
| (C) The disclosures and materials required by sections | 329 |
| 4710.27, 4710.29, and 4710.35 of the Revised Code shall be | 330 |
| presented in a form that is capable of being accurately reproduced | 331 |
| for later reference. | 332 |
| (D) With respect to disclosure by means of an internet web | 333 |
| site, the disclosure of the information required by division (D) | 334 |
| of section 4710.27 of the Revised Code must appear on one or more | 335 |
| screens that contain no other information, and the individual must | 336 |
| indicate that the individual has seen the information before | 337 |
| proceeding to assent to formation of a program. | 338 |
| (E) At the time of providing the materials and agreement | 339 |
| required by divisions (C) and (D) of section 4710.27, and sections | 340 |
| 4710.29 and 4710.35 of the Revised Code, a licensee shall inform | 341 |
| the individual that upon electronic, telephonic, or written | 342 |
| request, it will send the individual a written copy of the | 343 |
| materials and shall comply with a request as provided in division | 344 |
| (F) of this section. | 345 |
| (F) If a licensee is requested, before the expiration of | 346 |
| ninety days after a program is completed or terminated, to send a | 347 |
| written copy of the materials required by divisions (C) and (D) of | 348 |
| section 4710.27, and sections 4710.29 and 4710.35 of the Revised | 349 |
| Code, the licensee shall send them at no charge within three | 350 |
| business days after the request is made, but the licensee need not | 351 |
| comply with a request more than once per calendar month or if it | 352 |
| reasonably believes the request is made for purposes of | 353 |
| harassment. If a request is made more than ninety days after a | 354 |
| program is completed or terminated, the licensee shall send within | 355 |
| a reasonable time a written copy of the materials requested. | 356 |
| (G) A licensee that maintains an internet web site shall | 357 |
| disclose on the home page of its web site or on a page that is | 358 |
| clearly and conspicuously connected to the home page by a link | 359 |
| that clearly reveals its contents all of the following: | 360 |
| (1) Its name and all names under which it does business; | 361 |
| (2) Its principal business address, telephone number, and | 362 |
| electronic mail address, if any. | 363 |
| (H) Subject to division (I) of this section, if a consumer | 364 |
| who has consented to electronic communication in the manner | 365 |
| provided by section 101 of the federal act withdraws consent as | 366 |
| provided in the federal act, a licensee may terminate its | 367 |
| agreement with the consumer. | 368 |
| (I) If a licensee wishes to terminate an agreement with a | 369 |
| consumer pursuant to division (H) of this section, it shall notify | 370 |
| the consumer that it will terminate the agreement unless the | 371 |
| consumer, within thirty days after receiving the notification, | 372 |
| consents to electronic communication in the manner provided in | 373 |
| section 101(c) of the federal act. | 374 |
| (J) This section modifies, limits, and supersedes the federal | 375 |
| act, but does not modify, limit, or supersede section 101(c) of | 376 |
| that act or authorize electronic delivery of any of the notices | 377 |
| described in section 103(b) of that act. | 378 |
| Sec. 4710.29. (A) An agreement must meet the following | 379 |
| requirements: | 380 |
| (1) Be in a record; | 381 |
| (2) Be dated and signed by the individual; | 382 |
| (3) Include the name of the individual and the address where | 383 |
| the individual resides; | 384 |
| (4) Include the name, business address, and telephone number | 385 |
| of the licensee; | 386 |
| (5) Be delivered to the individual immediately upon formation | 387 |
| of the agreement; | 388 |
| (6) Disclose all of the following: | 389 |
| (a) The services to be provided; | 390 |
| (b) The amount or method of determining the amount of all | 391 |
| fees, individually itemized, to be paid by the individual; | 392 |
| (c) How the licensee will comply with its obligations under | 393 |
| section 4710.35 of the Revised Code; | 394 |
| (d) That the individual may cancel the agreement as provided | 395 |
| in section 4710.30 of the Revised Code; | 396 |
| (e) That the individual may contact the director of commerce | 397 |
| with any questions or complaints regarding the licensee; | 398 |
| (f) The address, telephone number, and internet address or | 399 |
| web site of the director. | 400 |
| (B) For purposes of division (A)(5) of this section, delivery | 401 |
| of an electronic record occurs when it is made available in a | 402 |
| format in which the individual may retrieve, save, and print the | 403 |
| record, and the individual is notified that it is available. | 404 |
| (C) If the director supplies the licensee with any | 405 |
| information required under division (A)(6)(f) of this section, the | 406 |
| licensee may comply with that requirement only by disclosing the | 407 |
| information supplied by the director. | 408 |
| (D) An agreement must provide that the individual has a right | 409 |
| to terminate the agreement at any time by giving the licensee | 410 |
| written or electronic notice, in which event all powers of | 411 |
| attorney granted by the individual to the licensee are revoked and | 412 |
| ineffective. | 413 |
| (E) In accordance with section 4710.30 of the Revised Code, | 414 |
| an agreement must be accompanied by a form that contains the | 415 |
| following in boldface type, surrounded by bold black lines: | 416 |
| "Notice of right of cancellation: | 417 |
| You may cancel this agreement, without any penalty or | 418 |
| obligation, at any time before midnight of the third business day | 419 |
| after the day you agree to it by electronic communication or by | 420 |
| signing it. | 421 |
| To cancel this agreement during this period, send an e-mail | 422 |
| to [e-mail address of licensee] or mail or deliver a signed, dated | 423 |
| copy of this notice, or any other written notice to [name of | 424 |
| licensee] at [address of licensee] before midnight of the third | 425 |
| business day after the day you execute this agreement. | 426 |
| If you cancel this agreement within the 3-day period, we will | 427 |
| refund all money you already have paid us. | 428 |
| I cancel this agreement, | 429 |
| ____________________ | 430 |
| Print your name | 431 |
| ____________________ | 432 |
| Signature | 433 |
| ____________________ | 434 |
| Date" | 435 |
| (F) An agreement may confer on a licensee a power of attorney | 436 |
| to settle up to fifty per cent of an individual's debt. An | 437 |
| agreement may not confer a power of attorney to negotiate with | 438 |
| creditors of the individual on behalf of the individual. An | 439 |
| agreement must state that the licensee will obtain the assent of | 440 |
| the individual after a creditor has assented to a settlement for | 441 |
| more than fifty per cent of the amount of the individual's debt. | 442 |
| (G) An agreement may not do the following: | 443 |
| (1) Provide for application of the law of any jurisdiction | 444 |
| other than the United States and this state; | 445 |
| (2) Except as permitted by Section 2 of the "Federal | 446 |
| Arbitration Act," 61 Stat. 669, 9 U.S.C. 1, et seq., as amended, | 447 |
| contain a provision that modifies or limits otherwise available | 448 |
| forums or procedural rights, including the right to trial by jury, | 449 |
| that are generally available to the individual under law; | 450 |
| (3) Contain a provision that restricts the individual's | 451 |
| remedies under sections 4710.20 to 4710.43 of the Revised Code, or | 452 |
| other law; | 453 |
| (4) Contain a provision that does the following: | 454 |
| (a) Limits or releases the liability of any person for not | 455 |
| performing the agreement or for violating sections 4710.20 to | 456 |
| 4710.43 of the Revised Code; | 457 |
| (b) Indemnifies any person for liability arising under the | 458 |
| agreement or sections 4710.20 to 4710.43 of the Revised Code. | 459 |
| (H) All rights and obligations specified in division (D) of | 460 |
| this section and section 4710.30 of the Revised Code apply even if | 461 |
| not recited in the agreement. | 462 |
| Sec. 4710.30. An individual may cancel an agreement before | 463 |
| midnight of the third business day after the individual assents to | 464 |
| it, unless the agreement does not comply with section 4710.29 or | 465 |
| 4710.34 of the Revised Code, in which event the individual may | 466 |
| cancel the agreement within thirty days after the individual | 467 |
| assents to it. To exercise the right of cancellation, the | 468 |
| individual must give notice in a record to the licensee. Notice by | 469 |
| mail is given when mailed. | 470 |
| Sec. 4710.31. (A) A licensee may not impose, directly or | 471 |
| indirectly, a fee or other charge on an individual or receive | 472 |
| money from or on behalf of an individual for debt settlement | 473 |
| services, except as permitted by this section. | 474 |
| (B) A debt settlement service fee or charge must be derived | 475 |
| from a settlement between a creditor and debtor, negotiated by the | 476 |
| licensee. The total fee or charge may not exceed fifteen per cent | 477 |
| of the principal amount of the debt being settled in the | 478 |
| settlement. The fee or charge shall be collected at a rate of not | 479 |
| more than one per cent per month, or if the payment plan included | 480 |
| in the settlement is less than fifteen months in length, in equal | 481 |
| monthly payments for the term of the settlement. The debtor may | 482 |
| voluntarily accelerate or prepay any unpaid installment fee or | 483 |
| charge, and the licensee may collect the fee or charge on a pro | 484 |
| rata basis once the licensee has a finalized settlement from the | 485 |
| creditor. The licensee may charge an additional fee not to exceed | 486 |
| five per cent of the amount equal to the principal amount of the | 487 |
| debt being settled minus the amount to be paid under the | 488 |
| settlement. | 489 |
| (C) A licensee may not impose fees or charges or receive | 490 |
| payment for debt settlement services until a settlement has been | 491 |
| executed in the form required under division (C) of section | 492 |
| 4710.35 of the Revised Code. If the settlement calls for money to | 493 |
| be paid to the creditor in installments, the licensee may collect, | 494 |
| at the time the installment payment is made, a debt settlement | 495 |
| service fee or charge for each installment payment, provided that | 496 |
| the total fee or charge is proportionally distributed equally | 497 |
| among the total number of installment payments. | 498 |
| (D) A licensee may not impose fees or charges or receive | 499 |
| payment for debt settlement services until the licensee and the | 500 |
| individual have signed an agreement that complies with sections | 501 |
| 4710.29 and 4710.34 of the Revised Code. | 502 |
| (E) A licensee may impose a reasonable charge to the | 503 |
| individual, plus any amount passed on from a financial institution | 504 |
| for each check, negotiable order of withdrawal, share draft, or | 505 |
| other negotiable instrument returned or dishonored for any reason, | 506 |
| provided that the terms and conditions upon which such | 507 |
| insufficient funds charges will be charged to the individual are | 508 |
| set forth in the agreement. | 509 |
| (F) A licensee may not solicit or accept a voluntary | 510 |
| contribution from an individual or on behalf of an individual. | 511 |
| Sec. 4710.32. (A) If a licensee imposes a fee or other | 512 |
| charge or receives money or other payments not authorized by | 513 |
| section 4710.31 of the Revised Code, the individual may void the | 514 |
| agreement and recover as provided for in section 4710.41 of the | 515 |
| Revised Code. | 516 |
| (B) If a person providing debt settlement services is not | 517 |
| licensed as required by section 4710.21 of the Revised Code when | 518 |
| an individual assents to an agreement, the agreement is voidable | 519 |
| by the individual. | 520 |
| (C) If an individual voids an agreement under this section, | 521 |
| the licensee or person providing debt settlement services without | 522 |
| a license does not have a claim against the individual for breach | 523 |
| of contract or for restitution. | 524 |
| Sec. 4710.33. If an individual who has entered into a fee | 525 |
| agreement fails for sixty days to make payments required by the | 526 |
| agreement, a licensee may terminate the agreement. | 527 |
| Sec. 4710.34. (A) A licensee may not do any of the | 528 |
| following: | 529 |
| (1) Settle a debt on behalf of an individual for more than | 530 |
| fifty per cent of the amount of the debt owed a creditor, unless | 531 |
| the individual assents to the settlement after the creditor has | 532 |
| assented; | 533 |
| (2) Take a power of attorney that authorizes the licensee to | 534 |
| settle a debt, unless the power of attorney expressly limits the | 535 |
| licensee's authority to settle debts for not more than fifty per | 536 |
| cent of the amount of the debt owed a creditor; | 537 |
| (3) Exercise or attempt to exercise a power of attorney after | 538 |
| an individual has terminated an agreement; | 539 |
| (4) Initiate a transfer of money from an individual's account | 540 |
| at a financial institution or with another person, unless the | 541 |
| transfer is one of the following: | 542 |
| (a) A return of money to the individual; | 543 |
| (b) Before termination of an agreement, properly authorized | 544 |
| by the agreement for payment of a fee; | 545 |
| (c) In payment of a creditor to fund a negotiated settlement | 546 |
| authorized by an individual under division (A)(1) of this section | 547 |
| or through a power of attorney under division (A)(2) of this | 548 |
| section; | 549 |
| (d) In payment of a creditor to fund a negotiated settlement | 550 |
| of which both the settlement and transfer of money had been | 551 |
| authorized by the debtor. | 552 |
| (5) Structure a settlement in a manner that would result in a | 553 |
| negative amortization of any of an individual's debts; | 554 |
| (6) Settle a debt or lead an individual to believe that a | 555 |
| payment to a creditor is in settlement of a debt to the creditor | 556 |
| unless, at the time of settlement, the individual receives a | 557 |
| certification or confirmation by the creditor that the payment is | 558 |
| in full settlement of the debt, or is part of a payment plan that | 559 |
| is in full settlement of the debt; | 560 |
| (7) Represent that: | 561 |
| (a) The licensee will furnish money to pay bills or prevent | 562 |
| attachments; | 563 |
| (b) Payment of a certain amount will guarantee satisfaction | 564 |
| of a certain amount or range of indebtedness; or | 565 |
| (c) Participation in a program will or may prevent | 566 |
| litigation, garnishment, attachment, repossession, foreclosure, | 567 |
| eviction, or loss of employment. | 568 |
| (8) Represent that the licensee is authorized or competent to | 569 |
| furnish legal advice or perform legal services, unless such advice | 570 |
| or services is provided by a licensed attorney working with the | 571 |
| licensee; | 572 |
| (9) Represent that it is one of the following: | 573 |
| (a) A not-for-profit entity, unless it is organized and | 574 |
| properly operating as a not-for-profit entity under the laws of | 575 |
| this state; | 576 |
| (b) A tax-exempt entity, unless it has received certification | 577 |
| of tax-exempt status from the federal internal revenue service. | 578 |
| (10) Take a confession of judgment or power of attorney to | 579 |
| confess judgment against an individual; | 580 |
| (11) Employ an unfair, unconscionable, or deceptive act or | 581 |
| practice, including the knowing omission of any material | 582 |
| information. | 583 |
| (B) If a licensee furnishes debt settlement services to an | 584 |
| individual, the licensee may not do any of the following, directly | 585 |
| or indirectly: | 586 |
| (1) Purchase a debt or obligation of the individual; | 587 |
| (2) Receive from or on behalf of the individual any of the | 588 |
| following: | 589 |
| (a) A promissory note or other negotiable instrument other | 590 |
| than a check or a demand draft; | 591 |
| (b) A post-dated check or demand draft. | 592 |
| (3) Lend money to provide credit to the individual, except as | 593 |
| a deferral of a fee payment at no additional expense to the | 594 |
| individual; | 595 |
| (4) Obtain a mortgage or other security interest from any | 596 |
| person in connection with the services provided to the individual; | 597 |
| (5) Disclose the identity or identifying information of the | 598 |
| individual or the identity of the individual's creditors, except | 599 |
| in the following circumstances: | 600 |
| (a) To the director of commerce, upon proper demand; | 601 |
| (b) To a creditor of the individual, to the extent necessary | 602 |
| to secure the cooperation of the creditor in a program; | 603 |
| (c) To the extent necessary to administer the program; | 604 |
| (d) As permitted by federal law. | 605 |
| (6) Except as otherwise provided in section 4710.31 of the | 606 |
| Revised Code, provide the individual less than the full benefit of | 607 |
| a compromise of a debt arranged by the licensee; | 608 |
| (7) Furnish legal advice or perform legal services, unless | 609 |
| the person furnishing that advice to, or performing those services | 610 |
| for, the individual is licensed to practice law; | 611 |
| (8) Advise individuals to stop payment on any of the accounts | 612 |
| being handled by the licensee; | 613 |
| (9) Receive compensation from creditors, financial | 614 |
| institutions, or third-party collection agencies, as a result of | 615 |
| providing debt settlement services to an individual. | 616 |
| (C) A licensee that advertises debt settlement services shall | 617 |
| not make statements that are misleading or deceptive, and the | 618 |
| advertisements shall not conflict with the information specified | 619 |
| in divisions (D)(2), (3), and (5) of section 4710.27 of the | 620 |
| Revised Code. | 621 |
| Sec. 4710.35. (A) A licensee shall provide the accounting | 622 |
| required by division (B) of this section in accordance with the | 623 |
| following requirements: | 624 |
| (1) At the following times while the agreement is in effect: | 625 |
| (a) After each settlement of debt with a creditor on behalf | 626 |
| of the individual; | 627 |
| (b) Within five business days after a request by an | 628 |
| individual, but the licensee need not comply with more than one | 629 |
| request in any calendar month. | 630 |
| (2) Upon cancellation or termination of an agreement. | 631 |
| (B) If a creditor has agreed to accept as payment in full an | 632 |
| amount less than the full amount of the debt owed by an | 633 |
| individual, the licensee shall document in a record an accounting | 634 |
| of all of the following: | 635 |
| (1) The amount the creditor accepts as settlement in full of | 636 |
| the debt; | 637 |
| (2) Any other terms of the settlement; | 638 |
| (3) The amount of the debt when the creditor agreed to the | 639 |
| settlement; | 640 |
| (4) For licensees using fee agreements that calculate any | 641 |
| portion of the fee based on a percentage of savings the individual | 642 |
| realizes from a settled debt, the calculation of that fee. | 643 |
| (C) A settlement must be in writing, indicate the assent of | 644 |
| the creditor and the debtor or the debtor's attorney in fact | 645 |
| through endorsement, and clearly set forth the original amount of | 646 |
| the debt, the amount the creditor has agreed to accept as payment | 647 |
| in full of the debt, and the difference between these amounts | 648 |
| which shall be the amount of debt forgiven. | 649 |
| (D) A licensee shall maintain records for each individual for | 650 |
| whom it provides debt settlement services for four years after the | 651 |
| final payment made by the individual and produce a copy of them to | 652 |
| the individual within a reasonable time after a request is made | 653 |
| for them. The licensee may use electronic or other means of | 654 |
| storage of the records. | 655 |
| Sec. 4710.36. (A) The director of commerce may do the | 656 |
| following: | 657 |
| (1) Act on the director's own initiative or in response to | 658 |
| complaints and may receive complaints regarding, or take action to | 659 |
| obtain voluntary compliance with, sections 4710.20 to 4710.43 of | 660 |
| the Revised Code; | 661 |
| (2) Seek or provide remedies as provided for in section | 662 |
| 4710.38 of the Revised Code. | 663 |
| (B) The director may investigate and examine, by subpoena or | 664 |
| otherwise, the activities, books, accounts, and records of a | 665 |
| licensee, or a person to which a licensee has delegated its | 666 |
| obligations under an agreement, to determine compliance with | 667 |
| sections 4710.20 to 4710.43 of the Revised Code. Information that | 668 |
| identifies individuals who have agreements with the licensee shall | 669 |
| not be disclosed to the public. In connection with the | 670 |
| investigation, the director may do the following: | 671 |
| (1) Charge the person the reasonable expenses necessarily | 672 |
| incurred to conduct the examination; | 673 |
| (2) Require or permit a person to file a statement under oath | 674 |
| as to all the facts and circumstances of a matter to be | 675 |
| investigated. | 676 |
| (C) The director may adopt rules in accordance with Chapter | 677 |
| 119. of the Revised Code to implement the provisions of sections | 678 |
| 4710.20 to 4710.43 of the Revised Code. | 679 |
| (D) The director may enter into cooperative arrangements with | 680 |
| any other federal or state agency having authority over licensees | 681 |
| and may exchange with any of those agencies information about a | 682 |
| licensee, including information obtained during an examination of | 683 |
| the licensee. | 684 |
| Sec. 4710.37. (A) As used in this section, "consumer price | 685 |
| index" means the consumer price index prepared by the United | 686 |
| States bureau of labor statistics (U.S. city average for urban | 687 |
| wage earners and clerical workers: all items, 1982-1984=100) or, | 688 |
| if that index is no longer published, a generally available | 689 |
| comparable index. | 690 |
| (B) The director of commerce, by rule adopted in accordance | 691 |
| with Chapter 119. of the Revised Code, shall establish reasonable | 692 |
| fees to be paid by licensees for the expense of administering | 693 |
| sections 4710.20 to 4710.43 of the Revised Code. All fees, | 694 |
| charges, and penalties collected under sections 4710.20 to 4710.43 | 695 |
| of the Revised Code shall be paid to the director and shall be | 696 |
| deposited by the director into the state treasury to the credit of | 697 |
| the debt settlement services fund, which is hereby created. Funds | 698 |
| in the debt settlement services fund shall be used for | 699 |
| administering sections 4710.20 to 4710.43 of the Revised Code. | 700 |
| (C) The director, by rule adopted in accordance with Chapter | 701 |
| 119. of the Revised Code, shall establish the dollar amounts for | 702 |
| license fees under section 4710.22 of the Revised Code and shall | 703 |
| establish that license fees under section 4710.22, and penalties | 704 |
| collected under section 4710.38 of the Revised Code, shall adjust | 705 |
| to reflect inflation, as measured by the consumer price index. The | 706 |
| director shall adopt a base year and adjust the dollar amounts, | 707 |
| effective on July 1 of each year, if the change in the index from | 708 |
| the base year, as of December 31 of the preceding year, is at | 709 |
| least ten per cent. The dollar amount must be rounded to the | 710 |
| nearest ten dollars. | 711 |
| (D) The director shall notify licensees of any change in | 712 |
| dollar amounts made pursuant to division (C) of this section and | 713 |
| make that information available to the public. | 714 |
| Sec. 4710.38. (A) The director of commerce shall enforce | 715 |
| sections 4710.20 to 4710.43 of the Revised Code and any rule | 716 |
| adopted pursuant to section 4710.36 of the Revised Code by taking | 717 |
| one or more of the following actions: | 718 |
| (1) Ordering a licensee or a director, employee, or other | 719 |
| agent of a licensee to cease and desist from any violations; | 720 |
| (2) Ordering a licensee or a person that has caused a | 721 |
| violation to correct the violation or that has failed to comply | 722 |
| with those sections to correct the failure, including making | 723 |
| restitution of money or property to a person aggrieved by a | 724 |
| violation or failure to comply; | 725 |
| (3) Imposing on a licensee or a person that has caused a | 726 |
| violation or has failed to comply a civil penalty not exceeding | 727 |
| one thousand dollars for each violation or failure to comply; | 728 |
| (4) Prosecuting a civil action to do either of the following: | 729 |
| (a) Enforce an order; | 730 |
| (b) Obtain restitution or an injunction or other equitable | 731 |
| relief, or both. | 732 |
| (5) Intervening in an action brought under section 4710.39 of | 733 |
| the Revised Code. | 734 |
| (B) If a person violates or fails to comply with, or | 735 |
| knowingly authorizes, directs, or aids in the violation of or | 736 |
| failure to comply with, a final order issued under division (A)(1) | 737 |
| or (2) of this section, the director may impose an additional | 738 |
| civil penalty not exceeding one thousand dollars for each | 739 |
| violation or failure. | 740 |
| (C) The director may maintain an action to enforce sections | 741 |
| 4710.20 to 4710.43 of the Revised Code in any county. | 742 |
| (D) The director may recover the reasonable costs of | 743 |
| enforcing divisions (A), (B), and (C) of this section, including | 744 |
| attorney's fees based on the hours reasonably expended and the | 745 |
| hourly rates for attorneys of comparable experience in the | 746 |
| community. | 747 |
| (E) In determining the amount of a civil penalty to impose | 748 |
| under division (A) or (B) of this section, the director shall | 749 |
| consider the seriousness of the violation or failure, the good | 750 |
| faith of the person committing the violation or failure, any | 751 |
| previous violations or failures by the person, the deleterious | 752 |
| effect of the violation or failure on the public, and any other | 753 |
| factor the director considers relevant to the determination of the | 754 |
| civil penalty. | 755 |
| (F) No enforcement action or adjudication order made by the | 756 |
| director under this section shall be valid unless an opportunity | 757 |
| for a hearing is afforded in accordance with Chapter 119. of the | 758 |
| Revised Code. Such opportunity for a hearing shall be given before | 759 |
| taking the enforcement action or making the adjudication order | 760 |
| except in those situations where section 119.06 of the Revised | 761 |
| Code provides otherwise. | 762 |
| Sec. 4710.39. The director of commerce shall publish and | 763 |
| maintain, on the department of commerce internet web site, a | 764 |
| current list of all providers licensed under sections 4710.20 to | 765 |
| 4710.43 of the Revised Code. | 766 |
| Sec. 4710.40. (A) As used in this section, "insolvent" | 767 |
| means: | 768 |
| (1) Having generally ceased to pay debts in the ordinary | 769 |
| course of business other than as a result of a good-faith dispute; | 770 |
| (2) Being unable to pay debts as they become due; | 771 |
| (3) Being insolvent within the meaning of the federal | 772 |
| bankruptcy law. | 773 |
| (B) The director may suspend, revoke, or deny renewal of a | 774 |
| license if any of the following apply: | 775 |
| (1) A fact or condition exists that, if it had existed when | 776 |
| the licensee applied for a license, it would have been a reason | 777 |
| for denial. | 778 |
| (2) The licensee has committed a material violation of or | 779 |
| failure to comply with any provision of sections 4710.20 to | 780 |
| 4710.43 of the Revised Code or a rule or order of the director. | 781 |
| (3) The licensee is insolvent. | 782 |
| (4) The licensee or an employee or affiliate of the licensee | 783 |
| has refused to permit the director to make an examination | 784 |
| authorized by section 4710.36 of the Revised Code, failed to | 785 |
| comply with an order to file a statement pursuant to division | 786 |
| (B)(2) of section 4710.36 of the Revised Code within thirty days | 787 |
| after the request, or made a material misrepresentation or | 788 |
| omission with regard to such statement. | 789 |
| (5) The licensee has not responded within a reasonable time | 790 |
| and in an appropriate manner to communications from the director. | 791 |
| (C) If the director suspends or revokes a license, the | 792 |
| licensee may appeal and request a hearing pursuant to Chapter 119. | 793 |
| of the Revised Code. | 794 |
| Sec. 4710.41. (A) If an individual voids an agreement | 795 |
| pursuant to section 4710.32 of the Revised Code, the individual | 796 |
| may recover in a civil action all money paid by or on behalf of | 797 |
| the individual pursuant to the agreement, in addition to the | 798 |
| recovery under division (B)(3) of this section. | 799 |
| (B) Subject to division (C) of this section, an individual | 800 |
| with respect to whom a licensee or a person providing debt | 801 |
| settlement service without a license violates or fails to comply | 802 |
| with any provision of sections 4710.20 to 4710.43 of the Revised | 803 |
| Code may recover in a civil action all of the following from the | 804 |
| licensee or person that caused the violation or failure: | 805 |
| (1) Compensatory damages for economic injury caused by the | 806 |
| violation or failure; | 807 |
| (2) Except as otherwise provided in division (C) of this | 808 |
| section and subject to adjustment of the dollar amount pursuant to | 809 |
| section 4710.37 of the Revised Code, with respect to a failure to | 810 |
| comply with division (D) of section 4710.26, a violation of | 811 |
| divisions (A) and (B) of section 4710.34, and a violation of or | 812 |
| failure to comply with sections 4710.27, 4710.29, 4710.30, and | 813 |
| 4710.31 of the Revised Code, the greater of the amount recovered | 814 |
| under division (B)(1) of this section or one thousand dollars; | 815 |
| (3) Reasonable attorney's fees and costs. | 816 |
| (C) In a class action, the minimum damages provided in | 817 |
| division (B) of this section do not apply. | 818 |
| (D) In addition to the remedies available under division (B) | 819 |
| of this section, if a licensee fails to comply with an | 820 |
| individual's right to cancellation under section 4710.30 of the | 821 |
| Revised Code, the individual may recover in a civil action all | 822 |
| money paid by or on behalf of the individual pursuant to the | 823 |
| agreement, except for amounts paid to creditors. | 824 |
| (E) A licensee is not liable under this section for a | 825 |
| violation or failure to comply with any provision of sections | 826 |
| 4710.20 to 4710.43 of the Revised Code if the licensee proves that | 827 |
| the violation or failure was not intentional and resulted from a | 828 |
| good-faith error notwithstanding the maintenance of procedures | 829 |
| reasonably adapted to avoid the error. If, in connection with a | 830 |
| violation or failure, the licensee has received more money than | 831 |
| authorized by an agreement or sections 4710.20 to 4710.43 of the | 832 |
| Revised Code, the defense provided by division (E) of this section | 833 |
| is not available unless the licensee refunds the excess within | 834 |
| three business days after learning of the violation or failure. | 835 |
| (F) If a licensee or a person providing debt settlement | 836 |
| service without a license violates or fails to comply with any | 837 |
| provision of sections 4710.20 to 4710.43 of the Revised Code, an | 838 |
| individual may recover under this section or pursuant to section | 839 |
| 4710.43 of the Revised Code, but not both for the same act or | 840 |
| practice. | 841 |
| Sec. 4710.42. (A) An action or proceeding brought pursuant | 842 |
| to division (A), (B), or (C) of section 4710.38 of the Revised | 843 |
| Code must be commenced within four years after the conduct occurs | 844 |
| that is the basis of the director's complaint. | 845 |
| (B) An action brought pursuant to section 4710.41 of the | 846 |
| Revised Code must be commenced within two years after the latest | 847 |
| of the following: | 848 |
| (1) The individual's last transmission of money to the | 849 |
| licensee; | 850 |
| (2) The date on which the individual discovered or reasonably | 851 |
| should have discovered the facts giving rise to the individual's | 852 |
| claim; | 853 |
| (3) Termination of actions or proceedings by the director | 854 |
| with respect to a violation or failure to comply with any | 855 |
| provision of sections 4710.20 to 4710.43 of the Revised Code. | 856 |
| (C) The period prescribed in division (B)(2) of this section | 857 |
| is tolled during any period during which the licensee or, if | 858 |
| different, the defendant, has materially and willfully | 859 |
| misrepresented information required by sections 4710.20 to 4710.43 | 860 |
| of the Revised Code to be disclosed to the individual, if the | 861 |
| information so misrepresented is material to the establishment of | 862 |
| the liability of the defendant under sections 4710.20 to 4710.43 | 863 |
| of the Revised Code. | 864 |
| Sec. 4710.43. Any violation or failure to comply with | 865 |
| sections 4710.20 to 4710.43 of the Revised Code by a licensee or a | 866 |
| person providing debt settlement service without a license is | 867 |
| deemed an unfair or deceptive act or practice in violation of | 868 |
| section 1345.02 of the Revised Code. A person injured by such a | 869 |
| violation has a cause of action and is entitled to the same relief | 870 |
| available to a consumer under section 1345.09 of the Revised Code, | 871 |
| and all the powers and remedies available to the attorney general | 872 |
| to enforce sections 1345.01 to 1345.13 of the Revised Code are | 873 |
| available to the attorney general to enforce sections 4710.20 to | 874 |
| 4710.43 of the Revised Code. | 875 |
| Section 2. That existing section 4710.01 of the Revised Code | 876 |
| is hereby repealed. | 877 |