Ohio Attorney General Mike DeWine

Briefing Room > Newsletters > Consumer Law Advisor > September 2009

Consumer Law Advisor

9/29/2009

Class Action Fairness Act Notices

Dudzienski v. GMRI, Inc. dba Olive Garden, FACTA violation, Northern Dist. Illinois, Case No. 07-3911, final hearing July 13, 2009, unknown number of Ohio class members, class counsel Tomas Zimmerman

Valdez v. Sprint Nextel Corp., unauthorized charges to cell phone related to previous owner of phone number, Northern Dist. California, Case No. 06-7587, final hearing not yet scheduled, unknown number of Ohio class members, class counsel Jay Edelson

9/29/2009

New Cases in Online Public Inspection File

Debt Adjustment Services

State ex rel Cordray v. Van Putten, Cuyahoga Cty. Case No. 08 679588, PIF 2784

The Court found that the Defendant violated the TSSA and the CSPA by: 1) engaging in telephone solicitations while failing to obtain a certificate of registration as a telephone solicitor, 2) making false or misleading statements to induce a purchaser to pay for goods or services including, but not limited to, promises to help people save their homes, delay foreclosure, and modify loan obligations, 3) failing to obtain the original, signed copy of the confirmation of sale from consumers.  Defendant violated the CSPA by: 1) accepting money from consumers for goods and services and failing to make full delivery or a refund, 2) advertising foreclosure assistance services via direct mail solicitations and failing to clearly and conspicuously disclose, in close proximity to the offer, all material terms and conditions, including but not limited to the fact that Defendant only agrees to provide services to the consumer until 6 months after a foreclosure complaint is filed, not until the consumer's home is saved, 3) securing the first contact with consumers through deception, 4) failing to register all fictitious business names with the Ohio Secretary of State, 5) failing to honor the written refund policy.  Defendant violated the DAA and the CSPA by engaging in debt adjusting activities without complying with the regulations under the Debt Adjuster Act.  Defendant ordered to pay $8,880 in consumer restitution and $150,000 in civil penalties.

9/29/2009

Recent Consumer Legislation

SB 161 (D. Miller) - This bill would designate June 15th as Elder Abuse Awareness Day. The goal is to increase public awareness about the issue of elder abuse.

SB 163 (R. Miller) - This bill aims to prohibit an insurer from using a consumer's credit score, credit history, or credit report in determining a premium rate, or the terms and conditions of an insurance policy. Furthermore, the bill would restrict such information from being used in determining whether to issue, continue or renew an insurance policy.

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