Ohio Consumer Sales Practices Act Guide

Ohio's Consumer Sales Practices Act (CSPA), codified at Ohio Revised Code Chapter 1345, provides comprehensive protection against unfair, deceptive, and unconscionable business practices. It's one of the strongest consumer protection laws in the Midwest.

This guide covers Ohio's CSPA protections, security deposit rules, landlord-tenant remedies, and how to recover damages when businesses violate your consumer rights.

What the CSPA Prohibits

The Act prohibits three categories of conduct:

Unfair Acts (ORC 1345.02)

• Representing goods as new when they're used
• Misrepresenting the source of goods
• Failing to deliver promised goods or services
• Making false statements about price comparisons
• Advertising goods without intent to sell them

Deceptive Acts (ORC 1345.02)

• False advertising
• Bait-and-switch tactics
• Hidden fees or charges
• Misrepresenting warranty coverage
• Failing to disclose material information

Unconscionable Acts (ORC 1345.03)

• Taking advantage of a consumer's inability to understand
• Grossly one-sided contract terms
• Excessive pricing
• Coercion or undue influence

Proving Your Case

To win a CSPA claim, you must show:

1. Consumer transaction: Purchase of goods/services for personal use
2. Unfair or deceptive act: Business engaged in prohibited conduct
3. Damages: You suffered actual harm

What You Can Recover

For Regular Violations

• Actual economic damages
• Rescission of the transaction
• Court costs

For Knowing Violations

When the supplier knew or should have known their conduct was deceptive:

• Treble damages: Three times your actual damages
• Attorney fees: Reasonable legal costs
• Non-economic damages: In some circumstances

Ohio Security Deposits

Ohio Revised Code 5321.16 governs residential security deposits:

• Maximum: No statutory limit (negotiate in lease)
• Return deadline: 30 days after lease termination
• Interest: Required on deposits held 6+ months if over $50 or one month's rent
• Itemization: Written statement of deductions required
• Penalty: Double damages for wrongful withholding

Critical Requirement

Tenants must provide a forwarding address in writing. If you don't, the 30-day clock doesn't start, and the landlord may not be liable for delays.

Ohio Landlord-Tenant Law

Landlord Obligations

Under ORC 5321.04, landlords must:

• Maintain the property in habitable condition
• Keep common areas safe and clean
• Maintain electrical, plumbing, and heating systems
• Provide reasonable security
• Supply running water and reasonable heat

Tenant Remedies for Repair Issues

If landlord fails to make repairs:

1. Give written notice of the problem
2. Allow 30 days for non-emergency repairs
3. If not repaired, you may:
   • Deposit rent with the court (escrow)
   • Apply escrowed rent to repairs
   • Terminate the lease

Ohio Lemon Law

Ohio's Lemon Law (ORC 1345.71-77) covers new motor vehicles:

• Coverage: First year or 18,000 miles
• Defect must substantially impair use, value, or safety
• Three repair attempts or 30 days out of service triggers remedy
• Consumer can choose full refund or replacement
• Manufacturer pays attorney fees if you prevail

Filing a Lawsuit

Small Claims Court

• Limit: $6,000
• Filing fee: $40-$80
• Where to file: County where defendant resides or transaction occurred
• Lawyers: Allowed but not required

Municipal or Common Pleas Court

For larger claims:

• Municipal Court: Up to $15,000
• Common Pleas: Unlimited
• Attorney recommended for complex cases

Ohio Attorney General

The Ohio Attorney General's Consumer Protection Section:

• Accepts complaints online or by phone
• Mediates disputes informally
• Can bring enforcement actions
• Maintains public complaint database

Demand Letter Essentials

An effective Ohio demand letter should include:

1. Specific facts about the transaction
2. Description of the unfair or deceptive conduct
3. Citation to Ohio Revised Code Chapter 1345
4. Itemized damages with documentation
5. Notice of treble damages availability for knowing violations
6. Deadline for response (typically 14 days)

Statute of Limitations

• CSPA claims: 2 years from discovery of violation
• Contract claims: 6 years (written) or 4 years (oral)
• Security deposit: File promptly after 30-day deadline

Ohio Consumer Resources

These Ohio agencies and resources can help with consumer disputes:

• Ohio Attorney General Consumer Protection: File complaints and get consumer information
• Ohio Courts Self-Help: Court forms and procedures
• Ohio Legal Help: Free legal information for Ohio residents

Frequently Asked Questions

What makes Ohio's CSPA different from a regular breach of contract claim?

The CSPA provides significant advantages over regular contract claims. You can recover treble damages (3x your actual loss) plus attorney fees for knowing violations. Regular contract claims only allow actual damages. Additionally, CSPA applies to deceptive conduct that might not technically breach a contract, like misleading sales practices.

Does Ohio limit how much a landlord can charge for a security deposit?

No. Unlike many states, Ohio has no statutory limit on security deposits. Landlords can charge whatever amount the parties agree to in the lease. However, all the rules about holding deposits in interest-bearing accounts and returning them within 30 days still apply regardless of the amount.

Can I withhold rent for repairs in Ohio?

Not directly - Ohio uses a rent escrow system instead. If your landlord fails to make repairs after 30 days written notice, you can deposit your rent with the court rather than pay the landlord. The court then decides whether to release the funds for repairs or return them to you. This protects you from eviction while ensuring the landlord doesn't get paid until they fix the problems.

How long do I have to file a CSPA claim?

You have 2 years from when you discovered (or should have discovered) the violation. The clock starts from discovery, not from when the violation occurred. For ongoing violations, each instance may restart the clock. Don't delay - gather evidence and consult an attorney promptly.