At Clark Perdue, we are dedicating to helping individuals enforce their rights and recover money when they have been victimized by unfair or deceptive business practices. Under the Ohio Consumer Sales Practices Act (CSPA), businesses are prohibited from treating consumers unfairly or deceptively in connection with a sale, lease, service, transfer of goods, or other consumer transaction. The Ohio CSPA is a comprehensive and vitally important law, as it gives people the ability to stand up for themselves and fight back when they have been taken advantage of in the marketplace. The professionals at Clark Perdue are experienced in pursuing and successfully recovering remedies for consumers under the CSPA.
When a business violates the CSPA, the law allows consumers who have been damaged by the business's practices to pursue a variety of remedies. Under the law, consumers may recover an amount to compensate them for the damages caused by a seller's unfair or deceptive acts. Consumers may even be entitled to recover three times their actual damages. On some occasions, depending on the seriousness of the violation, consumers may recover punitive damages and attorney's fees.
The following are examples of business practices that are illegal under the CSPA and may entitle a consumer to recover money:
- The promise of a "free estimate" by a repair or service business, and then the subsequent charging of money for that estimate.
- Misleading or false advertisements or representations about the nature, quantity, quality, or function of a consumer product.
- Falsely representing that a replacement or repair is needed.
- Advertising phony special offers, contests, and prizes.
- Charging a consumer for work not done.
- Knowingly taking advantage of a consumer who has mental infirmities, illiteracy, or inability to understand the language of a contract.
- Price-gouging and over-charging.
- Including an attorney's fees or unconscionable liquidated damages clause in a mortgage loan contract.
- "Bait and switch": for example, promising a level of service but then failing to ensure that such a service is provided.
- Advertising services through the sending of unsolicited "junk faxes."
- Predatory lending.
Lawsuits under the Ohio CSPA may not be brought more than two years after the occurrence of the violation. If you or someone you know has fallen victim to unfair or deceptive business practices, contact the Ohio Consumer Sales Practice Act attorneys at Clark, Perdue & List.
