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Sub. H. B. No. 312As Passed by the House
As Passed by the House
124th General Assembly | Regular Session | 2001-2002 |
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REPRESENTATIVES Goodman, Seitz, Jolivette, Jones, Hagan, Metzger, Kearns, Collier, Hollister, Lendrum, Setzer, Webster, Damschroder, Carmichael, Gilb, Husted, Carano, Beatty, Metelsky, Patton, Distel, S. Smith, Coates, Perry, Willamowski, Sulzer, Womer Benjamin, Latta, Manning, Jerse, Core, Schmidt, Calvert, Salerno, Niehaus, D. Miller, McGregor, Wolpert, Reidelbach, Schneider, Cirelli, Mason, Koziura, Seaver, Latell, Schaffer, Otterman, Boccieri, R. Miller, Krupinski, White, Allen, Ogg, Faber, Callender, Williams, Olman, Redfern, Hartnett, Britton, Fessler, Driehaus, Buehrer, Woodard, Peterson, Flowers, Grendell, DeBose
A BILL
To amend section 4719.08 and to enact section 4719.21
of the Revised Code to
prohibit a
telephone
solicitor from intentionally blocking, or
intentionally authorizing or causing to be blocked,
the disclosure
of
the telephone number
from
which a
telephone
solicitation is made, and to provide for
enforcement
for some telephone solicitors under the
telemarketing fraud law and for enforcement for all
telephone solicitors under the law governing
consumer sales practices.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 4719.08 be amended and section
4719.21 of the Revised Code be
enacted to
read as follows:
Sec. 4719.08. No telephone solicitor shall do any of the
following: (A) Obtain a certificate of registration or registration
renewal
under section 4719.03 of the Revised Code through any
false
or fraudulent representation or make any material
misrepresentation in any
registration or registration renewal
application; (B) Fail to maintain a valid certificate of registration or
registration renewal; (C) Advertise that one is registered as a telephone
solicitor or
represent that registration as a telephone solicitor
constitutes approval or
endorsement by any government or
governmental office or agency; (D) Provide inaccurate or incomplete information to the
attorney general when making an application for a certificate or
certificate
renewal; (E) Misrepresent that a person is registered or that the
person
has a valid certificate number; (F) Misrepresent, directly or by implication, any of the
following information: (1) The total costs to purchase, receive, or use, and the
quantity of, any
goods or services that are the subject of a
telephone solicitation; (2) A material restriction, limitation, or condition to
purchase,
receive, or use goods or services that are the subject
of a telephone
solicitation; (3) A material aspect of the performance, efficacy, nature,
or
characteristics of goods or services that are the subject of a
telephone
solicitation; (4) A material aspect of the nature or terms of the
telephone
solicitor's refund, cancellation, exchange, or
repurchase policies; (5) A material aspect of a prize promotion, including, but
not limited
to, the odds of being able to receive a prize, the
nature or value of a prize,
or that a purchase or payment of any
kind is required to win a prize or to
participate in a prize
promotion; (6) A material aspect of an investment opportunity,
including, but not
limited to, risk, liquidity, earnings
potential, or profitability; (7) The telephone solicitor's affiliation with, or
endorsement by, any
government or third-party organization. (G) Make a false or misleading statement to induce a
purchaser
to pay for goods or services; (H) Fail to notify the attorney general within fifteen days
if, in a court of competent jurisdiction of this state or any
other
state or of the United States, the telephone solicitor is
convicted of, pleads guilty to, or enters a plea of no contest for
a
felony, engaging in a pattern of corrupt activity, racketeering,
a violation
of federal or state securities law, or a theft offense
as
defined in section 2913.01 of the Revised Code or in similar
law of any other
state or of the United States; (I) Intentionally block or intentionally authorize or cause
to be blocked the
disclosure of the telephone number from which a
telephone
solicitation is made.
Sec. 4719.21.
(A) As used in this section,
"telephone
solicitation" and
"telephone solicitor" have the
same meanings as
in division (A) of section 4719.01 of the Revised Code. (B) No telephone solicitor shall intentionally block or
intentionally authorize
or cause to be blocked the disclosure of
the telephone
number from
which a telephone solicitation is made. (C) A violation of division (B) of this section is an
unfair
or deceptive act or practice in violation of section 1345.02 of
the Revised Code. A
person injured by a violation of division (B)
of this section has a
cause of action and is entitled to the same
relief available to a consumer
under section 1345.09 of the
Revised Code, and all powers
and remedies available to the
attorney general to enforce sections
1345.01 to 1345.13 of the
Revised Code are available to the
attorney general to enforce
division (B) of this section.
Section 2. That existing section 4719.08 of the Revised Code
is hereby repealed.
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