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S. B. No. 185 As Introduced
|126th General Assembly|
Senators Padgett, Schuring
To amend section 1345.01 of the Revised Code to expand the Consumer Sales Practices Act to cover transactions between two businesses.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF OHIO:
Section 1. That section 1345.01 of the Revised Code be amended to read as follows:
Sec. 1345.01. As used in sections 1345.01 to 1345.13 of
the Revised Code:
(A) "Consumer transaction" means a sale, lease,
assignment, award by chance, or other transfer of an item of
goods, a service, a franchise, or an intangible, to an individual
for purposes that are primarily personal, family, or household,
or solicitation to supply any of these things. A consumer transaction also includes business transactions between persons for goods or services not for resale in the ordinary course of a person's trade or business but for the use or benefit of a person's business or in connection with the operation of a person's business. "Consumer
transaction" does not include transactions between persons,
sections section 4905.03 and 5725.01 divisions (A), (C), (D), and (E) of section 5725.01 of the Revised Code, and
their customers; transactions between certified public
accountants or public accountants and their clients; transactions
between attorneys, physicians, or dentists and their clients or
patients; and transactions between veterinarians and their
patients that pertain to medical treatment but not ancillary
(B) "Person" includes an individual, corporation,
government, governmental subdivision or agency, business trust,
estate, trust, partnership, association, cooperative, or other
(C) "Supplier" means a seller, lessor, assignor,
franchisor, or other person engaged in the business of effecting
or soliciting consumer transactions, whether or not the
person deals directly with the consumer.
(D) "Consumer" means a person who engages in a consumer
transaction with a supplier.
(E) "Knowledge" means actual awareness, but such actual
awareness may be inferred where objective manifestations indicate
that the individual involved acted with such awareness.
(F) "Natural gas service" means the sale of natural gas,
exclusive of any distribution or ancillary service.
(G) "Public telecommunications service" means the
transmission by electromagnetic or other means,
other than by a telephone company as defined in section 4927.01 of the Revised Code,
signs, signals, writings, images, sounds, messages, or data originating
in this state regardless of actual
call routing. "Public telecommunications service" excludes a
system, including its construction, maintenance, or operation, for
the provision of telecommunications service, or any portion of
such service, by any entity for the sole and exclusive use of that
entity, its parent, a subsidiary, or an affiliated entity, and not
for resale, directly or indirectly; the provision of terminal
equipment used to originate telecommunications
service; broadcast transmission by radio, television, or satellite
broadcast stations regulated by the federal government; or cable
Section 2. That existing section 1345.01 of the Revised Code is hereby repealed.