Ohio Consumer Sales Practices Act (OCSPA)

Insurers Are Exempt From Ohio Consumer Statute

The Consumer Sales Practices Act (CSPA) is an Ohio statute governing consumer transactions that limits a number of specific business practices as well as more general prohibitions against unfair and deceptive acts by businesses against consumers. As the Ohio Supreme Court recently held however, a number of transactions and businesses […]

Limitation of Liability Does Not Violate Consumer Sales Practices Act

In the matter of Barto v. Boardman Home Inspection, Inc. the Ohio Eleventh District Court of Appeals determined that the limitation of liability provision in a home inspection contract was not unconscionable and thereby did not violation the Ohio Consumer Sales Practices Act. Barto hired Boardman Home Inspection, which is […]

Ohio’s New Law – Potential Benefits of Cure Offers in CSPA Claims

The Ohio Consumer Sales Practices Act (CSPA) provides consumers with remedies against suppliers who engage in deceptive or unconscionable acts or practices. The CSPA allows consumers to recover economic and non-economic damages as well as treble damages, attorney’s fees and court costs in some situations. The prospect of large payouts […]

Home Solicitation Sales Act Violation Can Lead to Rescission or Damages, Not Both

On June 27, 2013, the Ohio Court of Appeals decided the matter of Patrick Garber  v. STS Concrete Co., LLC.  The appellants claim the trial court erred in awarding the Appellee treble damages and attorney fees when he was also allowed to rescind the contract.  They also claimed that holding […]

Mortgage Servicing Not A Consumer Transaction

The matter Anderson v. Barclay’s Capital Real Estate, Inc., Slip Opinion No. 2013-Ohio-1933, came before the Supreme Court of Ohio with the queries:  Is the servicing of a residential mortgage considered a “consumer transaction” as defined by the Ohio Consumer Sales Practice Act (“CSPA”) as codified in R.C.1345.01(A) and is […]