Ohio: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

yes

Section 1345.09

For a violation of Chapter 1345. of the Revised Code, a consumer has a cause of action and is entitled to relief as follows:

Actual damages

Recovery for the loss a person actually suffered.

actual economic damages

Section 1345.09

recover the consumer's actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages

Statutory minimum damages

A stated minimum or fixed amount of damages.

two hundred dollars

Section 1345.09

three times the amount of the consumer's actual economic damages or two hundred dollars, whichever is greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

treble damages

Section 1345.09

recover, but not in a class action, three times the amount of the consumer's actual economic damages

Attorney fees

Rules for recovering the cost of legal representation.

prevailing party, discretionary

Section 1345.09

The court may award to the prevailing party a reasonable attorney's fee limited to the work reasonably performed

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

treble damages not available in class action

Section 1345.09

recover, but not in a class action, three times the amount of the consumer's actual economic damages

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

court shall give due consideration and great weight to FTC orders, rules, guides, and federal court interpretations

Section 1345.02

the court shall give due consideration and great weight to federal trade commission orders, trade regulation rules and guides

Time limit for a claim

The period in which an action must be brought.

two years after violation or one year after termination of AG proceedings, whichever is later

Section 1345.10

An action under sections 1345.01 to 1345.13 of the Revised Code may not be brought more than two years after the occurrence of the violation

Injunctive relief

Court orders requiring conduct to stop or change.

consumer may seek injunction

Section 1345.09

Any consumer may seek a declaratory judgment, an injunction, or other appropriate relief against an act or practice that violates this chapter.

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

not more than twenty-five thousand dollars

Section 1345.07

the attorney general may request and the court may impose a civil penalty of not more than twenty-five thousand dollars against the supplier