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Ohio Consumer Law Questions & Answers
1 Answer | Asked in Consumer Law for Ohio on
Q: I bought a a SUV 14 days ago. Paid cash. They said they were going to repair a dent in the roof. I still haven’t

Received the car. What am I to do?

Taylor P Waters
Taylor P Waters answered on Aug 13, 2020

If you have it in writing that they agreed to repair a dent in the roof, you can likely sue them for the damages. If it's not in writing, you're probably out of luck.

1 Answer | Asked in Consumer Law, Construction Law and Small Claims for Ohio on
Q: What steps do I take to get my money back?

We had a house fire, my contractor was given $40k, pulled no permits to work on my house, barely did any work and the work he did do was incorrect and has to be redone. He will not give the money back and at this point will not return phone calls.

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 21, 2020

This sounds like a violation of Ohio's home construction statute. I recommend bringing an action against him and seeking a claim against his municipal bond.

1 Answer | Asked in Consumer Law, Business Law and Gov & Administrative Law for Ohio on
Q: Is it legal in Ohio for retailers to refuse cash payment? All US monies have "Legal Tender" on them...

Most retailers in our area are refusing cash payment and instead are requiring you to pay via card or some sort of cash app.

Mark Martin Turner
Mark Martin Turner answered on Jul 16, 2020

Yes, it is legal for a private business to accept only some sorts of payments and to refuse cash payments. A governmental institution or chartered bank cannot refuse cash.

1 Answer | Asked in Consumer Law for Ohio on
Q: What is the statue of limitations for a bank to sue a person in Columbus, Ohio?

I had a bank account with Huntington National Bank back in 2003. I helped a friend get a rental car so he could go see about his daughter that was in the hospital in New York. The rental payment and everything went fine with no problems. Two weeks later I was informed that my account was overdrawn... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Jul 13, 2020

Is someone actually bringing a claim against you? It's unclear from the question. Determining the statute of limitations depends on what cause of action they're bringing.

2 Answers | Asked in Consumer Law for Ohio on
Q: If i have an old debt from over 10 years ago where any payment was made and that has an expired judgement from 5 years

ago that was sold to a different company that now using a third party collector that sent a collections letter can id dispute based on sol or no?

Taylor P Waters
Taylor P Waters answered on Jul 6, 2020

You might be able to claim an FDCPA violation as well. A good attorney should be able to give you a hand at little to no cost to you.

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2 Answers | Asked in Consumer Law and Real Estate Law for Ohio on
Q: Who is the best person to talk to about consumer fraud? I suspect me and my husband are victims of consumer fraud.

My husband and I purchased the cabin. There was a verbal agreement that the seller would help us find a mover. I told him we would need help with getting a mover the first time I spoke to him. He said yes he would. Then when we proposed an offer and before he went in to the house to talk with... Read more »

Vincent Gallo
Vincent Gallo answered on Jun 30, 2020

The District Attorney.

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1 Answer | Asked in Consumer Law for Ohio on
Q: OK so I’ve had this car loan since 2016 I’ve been paying steady on it I’ve maybe had one late payment. So

The creditor the assigns the contract to a debt collector which I took an opportunity to dispute the debt so I sent a dispute the dead verification and validation of that letter certified mail notary presented in they ignored that I gave him 30 days and it’s actually been over 30 days. They try... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

It sounds like you might have an FDCPA claim, if you'd like representation feel free to give me a call.

1 Answer | Asked in Consumer Law for Ohio on
Q: I got charge $800 after paying an overdue bill of $960 to get my car back is this legal?

The bill for the car got back a few months the car was repossessed, But they said to pay the $960 to get the car back. I feel like I should not have been charged another $800 the next month!

Taylor P Waters
Taylor P Waters answered on Jun 30, 2020

It depends on your contract and statements.

1 Answer | Asked in Consumer Law for Ohio on
Q: If some one buys a car from dealer ship and sign a as is contract but later find frame damge that was not disclosed

Was not disclosed when purchasing vehicle

Ana Maria Del Valle-Aguilera
Ana Maria Del Valle-Aguilera answered on Jun 12, 2020

Many car dealers believe that selling a vehicle “as is” prevents the buyer from bringing a lawsuit for defects, but it does not bar all future claims. A transaction may include both implied warranties and express warranties. An “as is” clause disclaims implied warranties only. Any express... Read more »

1 Answer | Asked in Consumer Law for Ohio on
Q: A friend of mine has been taking care of my dog for over 2 years now wants it gone. Humane society says he's legalowner?

I believed they were going to keep him I stopped over and visit regularly I can't bring him home with my current dog

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

He is likely the legal owner at this point.

1 Answer | Asked in Consumer Law for Ohio on
Q: What actions can I take against an online company that cancelled my free trial but charged me anyway?

Hello, I signed up for a free trial of an online learning course a few months ago and then cancelled before I got charged. It took a while to finally get it done, but through email they cancelled my membership. About a month later I noticed a charge on my account from this company. I emailed again... Read more »

Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

Draft a demand letter, include evidence of your cancelation, and demand they repay. It may be a false/deceptive business practice, and you might be able to file a small claims matter alleging a CSPA violation if they refuse to give you your money back.

1 Answer | Asked in Consumer Law for Ohio on
Q: I gave landlord 30 days notice per our lease. He wants to show the house while I still live here dewpite pandemic. Help?
Taylor P Waters
Taylor P Waters answered on Jun 9, 2020

He may be permitted, as long as he gives proper notice beforehand. Discuss the matter with him and ask that any prospective lessors use hand sanitizer, not touch anything, and wear masks or gloves while in your apartment. It's also okay to leave out hand sanitizer for their use.

2 Answers | Asked in Banking, Civil Litigation, Consumer Law and Contracts for Ohio on
Q: how do i get my name off a joint loan with ex husband

my name is on a joint loan with ex husband. how do i get my name off. he's ruining my credit by not paying. divorce decree stated he is solely responsible for repayment.

Joseph Jaap
Joseph Jaap answered on Apr 29, 2020

You can talk to the lender, but lender likely will not agree to take you off. So the loan would have to be refinanced. If ex won't refinance or pay, then file with the court to have ex held in contempt. Talk to your divorce attorney, or use the Find a Lawyer tab to retain a local divorce... Read more »

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1 Answer | Asked in Consumer Law, Real Estate Law and Landlord - Tenant for Ohio on
Q: The leasing office undid a signed renewal to change monthly rent amount. Is that legal?

I signed and submitted the renewal contract. A week later they undid the signed renewal and increased the rent amount. They said the amount in the contract was not correct. This seems illegal. If I wanted to void the contract a week after signing, there would be a penalty. How can they modify it if... Read more »

Joseph Jaap
Joseph Jaap answered on Apr 23, 2020

If you signed the renewal first, and landlord hadn't signed the renewal, then landlord could decide not to sign it, and instead, change the rent amount and send you a revised renewal to sign. But if you and landlord both signed the renewal, and then landlord came back and changed it, then... Read more »

2 Answers | Asked in Bankruptcy, Consumer Law and Lemon Law for Ohio on
Q: In vehicle Lemon Law, if a manufacturer files bankruptcy, does the manufacturer still have to honor lemon repurchase?

Repurchase/replacement of lemon vehicle.

Would I be better off waiting to file for lemon replacement until AFTER the manufacturer declares BK and is out of it, or would a person be better off filing BEFORE the BK is announced, and try to race the manufacturer's potential BK?

I... Read more »

Timothy Denison
Timothy Denison answered on Apr 20, 2020

Generally no. But it can be case specific so you should check with the trustee.

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1 Answer | Asked in Consumer Law, Copyright, Products Liability and Trademark for Ohio on
Q: Hello, If I wanted to get a pair of standard dumbbells manufactured with my brand name/logo. is that possible?

E commerce seller with business. Wants to sell dumbbells. does not want to be in trouble with patent law. Your help would be appreciated.

Thank you,

Marcos Garciaacosta
Marcos Garciaacosta answered on Apr 19, 2020

Yes.

Unless there are other details beyond what you have posted, you should be able to buy from anybody a standard product and put your trademark there.

You need to file for a trademark of course.

always consult with an attorney.

Marcos

www.legalbizglobal.com

480 324 6378

1 Answer | Asked in Consumer Law for Ohio on
Q: Can Nordstrom cancel my card because I've made to many returns? I have never missed a payment.

I order a lot online from Nordstrom.com. Unfortunately, sizing is an art form, and I've had to return most of what of what I've ordered. They have FREE SHIPPING which is awesome since I love their clothes, shoes, etc.. Anyway, I received an email 4-16-20 stating Nordstrom will no... Read more »

Matthew Williams
Matthew Williams answered on Apr 17, 2020

You would have to consult the terms of your cardholder agreement, but the answer is almost certainly yes they can do that. Most stores reserve the right to cancel accounts for a variety of reasons including excessive returns.

1 Answer | Asked in Contracts and Consumer Law for Ohio on
Q: I agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. Is this legally binding?

I have agreed to buy an item listed on Facebook Marketplace. I am in Ohio, as is the seller. We used facebook messenger to come to an agreement. The seller has since raised the price, and also listed it on ebay. Do I have a legally binding agreement?

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 16, 2020

Yes. However, a court is unlikely to enforce the agreement unless you have been harmed in some way or the item was a specialty item or otherwise difficult to procure.

1 Answer | Asked in Consumer Law and Contracts for Ohio on
Q: I was sold and signed a contract for a year newer trailer than It really is. What do I do?

Signed the Contract for a 2021, received a 2020

Mark Martin Turner
Mark Martin Turner answered on Apr 12, 2020

If you were sold a trailer that the seller claimed was a 2021 model but was, in fact, a 2020 model, the seller has violated the Consumer Sales Practices Act, (CSPA) ORC 1345.02 (B) (2) among other sections of that act. You have a legal claim against the seller, especially if this representation is... Read more »

1 Answer | Asked in Consumer Law and Lemon Law for Ohio on
Q: Hi..I purchased a Bentley from a dealer in Cleveland OH and I Beilieve details were not disclosed./fraud sale

Vehicle on day one broke down ended up needing two batteries for 750 dollars, then immediately needed 3k repairs which didn’t resolve some issues. Bottom of car completely rusted and local mechanic said it has sustained water damage. Dealer sent me check for 1500.00 which is no where near... Read more »

Nicholas P. Weiss
Nicholas P. Weiss answered on Apr 11, 2020

Check your contract. If you purchased the car "as is" and no affirmative misrepresentations about the car were made, you are likely out of luck. If the dealer made affirmative misrepresentations about the quality of the car, you may have a cause of action under Ohio's Consumer Sales... Read more »

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