Ohio Courts

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 […]

Offer of Judgment May Moot Class Action

Uncertified Class Actions May Be Dismissed Upon Complete Offer of Judgment Class actions based on alleged Fair Debt Collection Practices Act (FDCPA) violations can become extraordinarily expensive for debt collectors, with costs potentially including statutory damages of up to $500,000, plaintiff’s attorney’s fees, and costs, in addition to the substantial […]

TCPA and Health Care Admissions

In the case of Baisden v. Credit Adjustments, Inc. the US District Court for the Southern District of Ohio reviewed the issue of the application of the Telephone Consumer Protection Act (“TCPA”) to “other health care providers” in the context of hospital admission and subsequent collection.  In the case, Baisden […]

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 […]

What a Difference a State Makes: Variations in Spousal Liability for Medical Debts in Ohio, Kentucky, & Indiana

The liability that individuals have for their spouse’s medical expenses is a common question for creditors with accounts consisting of medical debt. In the course of our practice in Ohio, Kentucky, and Indiana we have found that liability varies by state and depends upon the courts’ interpretation of common law […]

Ohio Legacy Trust Act

On December 12, 2012, Ohio Governor Kasich, signed into law House Bill 479, the Ohio Asset Management Modernization Act, which enacts the Ohio Legacy Trust Act and will take effect on March 27, 2013.   The Act will increase the residential real property exemption to $125,000.00.  This same exemption was […]

Pay Me When? – A look at “pay-when-paid” and “pay-if-paid” construction contracts in Ohio

Pay Me When? A look at “pay-when-paid” and “pay-if-paid” construction contracts in Ohio through EMH&T v. Triad Architects, 196Ohio App.3d 784, 2011-Ohio-4979   The Tenth Appellate District for the State of Ohio recently entered a decision in the case of Evans, Mechwart, Hambleton & Tilton, Inc., v. Triad Architects, Ltd., […]

No Private Right of Action for Medical Information Disclosure, OhioHealth Corp. v. Ryan, 2012-Ohio-60.

No Private Right of Action for Medical Information Disclosure, OhioHealth Corp. v. Ryan, 2012-Ohio-60. On January 10, 2012,  the Tenth District Court of Appeals for the State of Ohio upheld the decision of the trial court granting summary judgment for OhioHealth (plaintiff-appellee) on the claim upon account, and a OhioHealth’s […]