(B) Where the violation was an act or practice declared to be | 15 |
deceptive or unconscionable by rule adopted under division (B)(2) | 16 |
of section 1345.05 of the Revised Code before the consumer | 17 |
transaction on which the action is based, or an act or practice | 18 |
determined by a court of this state to violate section 1345.02, | 19 |
1345.03, or 1345.031 of the Revised Code and committed after the | 20 |
decision containing the determination has been made available for | 21 |
public inspection under division (A)(3) of section 1345.05 of the | 22 |
Revised Code, the consumer may rescind the transaction or recover, | 23 |
but not in a class action, three times the amount of the | 24 |
consumer's actual economic damages or two hundred dollars, | 25 |
whichever is greater, plus an amount not exceeding five thousand | 26 |
dollars in noneconomic damages or recover damages or other | 27 |
appropriate relief in a class action under Civil Rule 23, as | 28 |
amended. | 29 |
(2) If a consumer transaction between a loan officer, | 36 |
mortgage broker, or nonbank mortgage lender and a customer is in | 37 |
connection with a residential mortgage, revocation of the consumer | 38 |
transaction in an action for rescission is only available to a | 39 |
consumer in an individual action, and shall occur for no reason | 40 |
other than one or more of the reasons set forth in the "Truth in | 41 |
Lending Act," 82 Stat. 146 (1968), 15 U.S.C. 1635, not later than | 42 |
the time limit within which the right of rescission under section | 43 |
125(f) of the "Truth in Lending Act" expires. | 44 |
(E) When a consumer commences an individual action for a | 48 |
declaratory judgment or an injunction or a class action under this | 49 |
section, the clerk of court shall immediately mail a copy of the | 50 |
complaint to the attorney general. Upon timely application, the | 51 |
attorney general may be permitted to intervene in any private | 52 |
action or appeal pending under this section. When a judgment under | 53 |
this section becomes final, the clerk of court shall mail a copy | 54 |
of the judgment including supporting opinions to the attorney | 55 |
general for inclusion in the public file maintained under division | 56 |
(A)(3) of section 1345.05 of the Revised Code. | 57 |
Sec. 1345.092. (A) Not later than thirty days after service | 76 |
of process is completed upon a supplier by a consumer in any | 77 |
action seeking a private remedy pursuant to section 1345.09 of the | 78 |
Revised Code, the supplier may deliver a cure offer to the | 79 |
consumer, or if the consumer is represented by an attorney, to the | 80 |
consumer's attorney. The supplier shall send a cure offer by | 81 |
certified mail, return receipt requested, to the consumer, or if | 82 |
the consumer is represented by an attorney, to the consumer's | 83 |
attorney. The supplier shall file a copy of the cure offer with | 84 |
the court in which the action was commenced. | 85 |
(B) A consumer shall have thirty days after the date the | 86 |
consumer or the consumer's attorney receives a cure offer from a | 87 |
supplier to notify the supplier, or if the supplier is represented | 88 |
by an attorney, the supplier's attorney, of the consumer's | 89 |
acceptance or rejection of the cure offer. The consumer shall file | 90 |
the notice of acceptance or rejection with the court in which the | 91 |
action was commenced and serve the notice to the supplier. The | 92 |
notice shall be deemed effective when it is filed with the court. | 93 |
The failure of a consumer to file a notice of acceptance or | 94 |
rejection of the supplier's cure offer within thirty days after | 95 |
the date of receipt of the cure offer shall be deemed a rejection | 96 |
of the cure offer by the consumer. | 97 |
NOTICE: THIS LETTER INCLUDES A "CURE OFFER" THAT IS BEING | 117 |
OFFERED TO SETTLE ALL ALLEGED VIOLATIONS OF CHAPTER 1345. OF THE | 118 |
REVISED CODE RAISED BY YOUR WRITTEN COMPLAINT. THE CURE OFFER | 119 |
INCLUDES BOTH A "SUPPLIER'S REMEDY" TO SOLVE THIS DISPUTE AND AN | 120 |
OFFER TO PAY YOUR ATTORNEY'S FEES UP TO $2,500.00 AND YOUR COURT | 121 |
COSTS IN FILING THE COMPLAINT. YOU ARE NOT OBLIGATED TO ACCEPT | 122 |
THIS CURE OFFER AND HAVE THE RIGHT TO CONSULT WITH LEGAL COUNSEL | 123 |
BEFORE MAKING YOUR DECISION. | 124 |
REJECTION OF THIS CURE OFFER COULD IMPACT YOUR ABILITY TO | 131 |
COLLECT COURT COSTS AND LEGAL FEES. IF A COURT, JURY, OR | 132 |
ARBITRATOR FINDS IN YOUR FAVOR, BUT DOES NOT AWARD YOU AN AMOUNT | 133 |
MORE THAN THE VALUE OF THE SUPPLIER'S REMEDY, THE SUPPLIER WILL | 134 |
NOT BE RESPONSIBLE FOR TREBLE DAMAGES, ATTORNEY'S FEES, OR ANY | 135 |
COURT COSTS YOU INCUR AFTER THE DATE THIS CURE OFFER WAS MADE | 136 |
(fill in the date). | 137 |
(c) If the supplier finds the requested amounts to be | 159 |
unreasonable, then the supplier shall, within ten days of the | 160 |
consumer accepting the cure offer, seek a ruling from the court | 161 |
appointed to the case. The court shall review the documentation | 162 |
provided by the consumer evidencing the requested amounts and | 163 |
shall award to the consumer attorney's fees, up to two thousand | 164 |
five hundred dollars, that are necessary or reasonably related to | 165 |
the filing of the claim and court costs. | 166 |
(2) The agreed upon resolution shall be completed and any | 167 |
court-ordered attorney's fees and court costs shall be paid within | 168 |
a reasonable time in accordance with court supervision. The court | 169 |
may at any time, in its discretion, extend any deadlines set forth | 170 |
by rule, statute, or order of the court for filing motions or | 171 |
pleadings, or conducting discovery in order to allow the | 172 |
resolution to be completed. | 173 |
(H) A cure offer is not admissible as evidence in a jury | 188 |
trial of the consumer's action seeking a private remedy pursuant | 189 |
to section 1345.09 of the Revised Code as described in division | 190 |
(A) of this section. After a jury renders its verdict in that | 191 |
action or if the action is tried to a judge, the judge shall | 192 |
consider the cure offer only if the offer was timely delivered in | 193 |
accordance with this section and only for the limited purpose of | 194 |
determining whether treble damages may be awarded and the amount | 195 |
of court costs and reasonable attorney's fees that may be awarded. | 196 |
A cure offer is not admissible in a court proceeding for any other | 197 |
purpose. | 198 |
(I) As used in this section, "cure offer" means a written | 199 |
offer of monetary compensation that is made by a supplier to a | 200 |
consumer or to the consumer's attorney in response to a consumer's | 201 |
claim of a violation of Chapter 1345. of the Revised Code. A cure | 202 |
offer shall include reasonable legal fees necessary or reasonably | 203 |
related to the filing of the initial complaint of up to two | 204 |
thousand five hundred dollars and court costs incurred by the | 205 |
consumer and related to the filing of the initial complaint. | 206 |