OAC Ann. 109:4-3-11 (Anderson 2002)
109:4-3-11 Direct solicitations.
(A)
It shall be a deceptive act or practice in connection with a consumer transaction
involving any direct solicitation sale for a supplier to do any of the following:
(1)
Solicit a sale
without clearly, affirmatively, and expressly revealing at the time the supplier
initially contacts the consumer or prospective consumer, and before making any
other statement, asking any question, or entering the residence of the consumer
or prospective consumer, that the purpose of the contact is to effect a sale,
stating in general terms the goods or services the supplier has to offer, provided
that this paragraph shall not apply to solicitations by mail;
(2)
Represent that
the consumer or prospective consumer will receive a discount, rebate, or other
benefit for permitting his home or other property, real or personal, to be used
as a so-called "model home" or "model property" for demonstration
or advertising purposes when such in fact is not true;
(3)
Represent that
the consumer or prospective consumer has been specially selected to receive
a bargain, discount, or other advantage when such in fact is not true;
(4)
Represent that
the consumer or prospective consumer is a winner of a contest when such in fact
is not true;
(5)
Fail to conform
to the requirements of sections 1345.21 to 1345.27, and 1345.99 of the Revised
Code relative to home solicitation sales or misrepresent in any manner, the
consumer's or prospective consumer's right to cancel provided for under such
sections, when such sections are applicable.
(6)
Represent that
the goods that are being offered for sale cannot be purchased in any place of
business, but only through direct solicitation, when such in fact is not true.
(7)
Represent that
the salesman, representative, or agent has authority to negotiate the final
terms of a consumer transaction when such in fact is not true.
(B)
"Direct
solicitation" means solicitation of a consumer transaction initiated by
a supplier, at the residence of any consumer, or at a place other than the normal
place of business of the supplier or by a supplier who has no normal place of
business, and includes a transaction initiated by the supplier by mail or telephone
solicitation at the residence of any consumer or at a place other than the normal
place of business of the supplier.
