Q: Is AT&T Internet division subject to O.R.C. Section 1345.02 (Unfair or deceptive acts or practices) in arbitration?
A:
Under Ohio law, specifically O.R.C. Section 1345.02, which deals with unfair or deceptive acts or practices, most businesses operating in the state, including AT&T's Internet division, are subject to these regulations. This law applies broadly to consumer transactions and is designed to protect consumers from unfair, deceptive, or unconscionable sales acts and practices.
When it comes to arbitration, the enforceability of this statute can depend on the specific terms of the arbitration agreement. Many such agreements include provisions related to the applicability of state laws. However, arbitration agreements cannot completely negate the protections afforded to consumers under state law.
If you're engaged in an arbitration process with AT&T or any other service provider and you believe there has been a violation of O.R.C. Section 1345.02, it's important to raise this issue within the arbitration proceedings. The arbitrator should consider applicable state laws when making a decision.
However, the nuances of how state consumer protection laws apply in an arbitration setting can be complex. If you find yourself in this situation, seeking legal advice can be beneficial. An attorney can provide specific guidance based on the details of your case and the terms of the arbitration agreement.
Remember, understanding your rights under both the arbitration agreement and state consumer protection laws is key to effectively navigating any disputes that arise.
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