Thursday, June 23, 2011

Ohio consumer sales-practice violation alternative

Rep. Ron Young and Lynn Slaby, last Tuesday introduced legislation that they say will speed up resolution of lawsuits filed by consumers accusing businesses of violating consumer sales-practices laws. They are supported by Ohio Attorney General Mike DeWine in the effort.


The Columbus Dispatch reported that "Under the proposal, businesses that have been sued by a consumer can make a 'cure offer' to the court within 30 days of the filing of the lawsuit. The 'cure' would include a fix to the problem and up to $1,500 in attorney's fees …. If the court ultimately decides in the consumers' favor in an amount that is higher than the original cure offer, the court could still award the consumer triple damages and attorney's fees, but if the court awards less than the business' cure offer, the consumer wouldn't get attorneys fees or damages under consumer-protection laws, which call for triple the amount of actual damages and are similar to punitive damages."


Text of HB 275


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