cspa claim (Ohio) · Go Syfert
← Ohio issues

cspa claim in Ohio

90 Ohio opinions name it 2 courts 1999–2026 27 in the last five years

The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (38)

CaseFollowedCited
Tsirikos-Karapanos v. Ford Motor Co.green
ohioctapp · 2017 · cited in 3 Ohio opinions naming this issue, 2020–2026
2 sentences

2026Upon review, we find that there is no evidence that Lawrence personally committed, directed, participated in, or cooperated in any act that violated the CSPA as “unfair or deceptive.” See Tsirikos-Karapanos v. Ford Motor Co., 2017-Ohio-8487, ¶ 36 (8th Dist.), quoting Warren v. Denes Concrete, Inc., 2009-Ohio-2784 , ¶ 23 (9th Dist.) (‘“A CSPA claim will not be successful unless the [defendant’s] performance amounted to a deceptive, unfair, or unconscionable act.’”).

2026Upon review, we find that there is no evidence that Lawrence personally committed, directed, participated in, or cooperated in any act that violated the CSPA as “unfair or deceptive.” See Tsirikos-Karapanos v. Ford Motor Co., 2017-Ohio-8487, ¶ 36 (8th Dist.), quoting Warren v. Denes Concrete, Inc., 2009-Ohio-2784 , ¶ 23 (9th Dist.) (‘“A CSPA claim will not be successful unless the [defendant’s] performance amounted to a deceptive, unfair, or unconscionable act.’”).

33
Cartwright v. Beverly Hills Floorsgreen
ohioctapp · 2013 · cited in 4 Ohio opinions naming this issue, 2015–2024
2 sentences

2017Mahoning No. 11 MA 109, 2013-Ohio-2266 , 2013 WL 2423185 ("[N]ot every breach of contract constitutes a CSPA violation, however 'when a supplier knowingly commits a breach, the breach is likely also an unfair or deceptive act.' "); Brown v. Lyons , 43 Ohio Misc. 14 , 332 N.E.2d 380 (C.P.1974) ("Ohio courts have held that a manufacturer's failure to repair a defect covered by a warranty can amount to a violation of the CSPA.").

2017Mahoning No. 11 MA 109, 2013-Ohio-2266 , 2013 WL 2423185 ("[N]ot every breach of contract constitutes a CSPA violation, however 'when a supplier knowingly commits a breach, the breach is likely also an unfair or deceptive act.' "); Brown v. Lyons , 43 Ohio Misc. 14 , 332 N.E.2d 380 (C.P.1974) ("Ohio courts have held that a manufacturer's failure to repair a defect covered by a warranty can amount to a violation of the CSPA.").

24
Averback v. Montrose Ford, Inc.green
ohioctapp · 2019 · cited in 2 Ohio opinions naming this issue, 2024–2025
2 sentences

2025See Averback v. Montrose Ford, Inc., 2019-Ohio-373 (9th Dist.) (holding that the 26 OHIO FIRST DISTRICT COURT OF APPEALS consumer failed to present sufficient evidence of actual economic damages based on a dealership’s violation of the CSPA for failing to appropriately disclose a defect that was repaired prior to the sale of the vehicle to the consumer, despite the fact that the asserted damages arose from the CSPA violation, where the consumer only presented evidence of damages consistent with reliance damages, i.e., out-of-pocket expenses in performing the contract, which were inappropriate

2025See Averback v. Montrose Ford, Inc., 2019-Ohio-373 (9th Dist.) (holding that the 26 OHIO FIRST DISTRICT COURT OF APPEALS consumer failed to present sufficient evidence of actual economic damages based on a dealership’s violation of the CSPA for failing to appropriately disclose a defect that was repaired prior to the sale of the vehicle to the consumer, despite the fact that the asserted damages arose from the CSPA violation, where the consumer only presented evidence of damages consistent with reliance damages, i.e., out-of-pocket expenses in performing the contract, which were inappropriate

22
Tanner v. Tom Harrigan Chrysler Plymouth, Inc.green
ohioctapp · 1991 · cited in 2 Ohio opinions naming this issue, 2000–2000
2 sentences

2000See Tanner, 82 Ohio App.3d at 765-766 , 613 N.E.2d at 650 .

2000See Tanner, 82 Ohio App.3d at 765-766 , 613 N.E.2d at 650 .

22
Bittner v. Tri-County Toyota, Inc.green
ohio · 1991 · cited in 11 Ohio opinions naming this issue, 1999–2026
2 sentences

2026Recovery of attorney fees under R.C. 1345.09(F)(2) is limited to “work reasonably performed on the CSPA claim.” Estate of Shury, 2024-Ohio-2066, at ¶ 9 (8th Dist.), citing Bittner, 58 Ohio St.3d 143 .

2026Recovery of attorney fees under R.C. 1345.09(F)(2) is limited to “work reasonably performed on the CSPA claim.” Estate of Shury, 2024-Ohio-2066, at ¶ 9 (8th Dist.), citing Bittner, 58 Ohio St.3d 143 .

111
Gilmer v. Interstate/Johnson Lane Corp.green
scotus · 1991 · cited in 3 Ohio opinions naming this issue, 2004–2014
2 sentences

2014Id. {¶47} But where a consumer’s CSPA claim is subject to binding arbitration, limitations on a consumer’s rights should not be allowed by a private arbitration forum.

2014Id. {¶47} But where a consumer’s CSPA claim is subject to binding arbitration, limitations on a consumer’s rights should not be allowed by a private arbitration forum.

13
Lester v. FCA US, L.L.C.green
ohioctapp · 2022 · cited in 2 Ohio opinions naming this issue, 2025–2025
2 sentences

2025NEP also argues that appellants have presented no evidence to demonstrate the existence of a genuine issue of material fact on their CSPA claim. {¶ 13} The trial court stated that, “[f]or conduct to be deceptive under the CSPA, it must be both false and material to the consumer transaction.” (Sept. 27, 2024 Decision & Entry at 13, citing Anderson v. Discount Drug Mart, Inc., 2021-Ohio-693, ¶ 30 (8th Dist.), Grgat v. Giant Eagle, Inc., 2019-Ohio-4582 , ¶ 16 (8th Dist.), and Lester v. FCA US L.L.C., 2022-Ohio-1776, ¶ 37 (1st Dist.).) The trial court then focused its analysis on the element of ma

2025BMW primarily relies on Lester v. FCA US LLC, 2022-Ohio-1776 (1st Dist.), in support of its position; in so doing, it maintains that Lester is “dispositive” and “[d]irectly on [p]oint[.]” {¶26} We cannot say that BMW has met its burden on appeal to demonstrate that the trial court erred in denying the motion for JNOV.

12
Blakemore v. Blakemoregreen
ohio · 1983 · cited in 2 Ohio opinions naming this issue, 2009–2015
2 sentences

2015An abuse of discretion “implies that the 20 court’s attitude is unreasonable, arbitrary or unconscionable.” Blakemore v. Blakemore, 5 Ohio St.3d 217, 219 (1983). {¶44} First, pursuant to Civ.R. 59(A)(5), the Prices argue that they are entitled to a new trial because the jury only awarded $20,000 on their negligence claim, and $38,311.62 on their CSPA claim, when KNL “admitted” through its experts to owing $55,010 in damages.

2009Blakemore v. Blakemore (1983), 5 Ohio St.3d 217 , 219 . {¶ 26} We begin by noting that the trial court rendered summary judgment against Lasson on the CSPA claim on December 7, 2006.

12
Baker v. Ohio Department of Rehabilitation & Correctiongreen
ohioctapp · 2001 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026See Neil at ¶ 11 , citing Baker v. Ohio Dept. of Rehab. & Corr., 144 Ohio App.3d 740, 744 (4th Dist. 2001). {¶ 15} In this court’s view, liberally reading a pro se complaint to assert claims for relief when the language in the complaint allows for such a reading is a much different scenario than reading Williams’ two-sentence complaint as raising a CSPA claim against U.S. National.

2026See Neil at ¶ 11 , citing Baker v. Ohio Dept. of Rehab. & Corr., 144 Ohio App.3d 740, 744 (4th Dist. 2001). {¶ 15} In this court’s view, liberally reading a pro se complaint to assert claims for relief when the language in the complaint allows for such a reading is a much different scenario than reading Williams’ two-sentence complaint as raising a CSPA claim against U.S. National.

11
Rayco Mfg., Inc. v. Murphy, Rogers, Sloss & Gambelgreen
ohioctapp · 2019 · cited in 1 Ohio opinions naming this issue, 2026–2026
1 sentence

2026It does, however, create a tort 2 We further decline appellants’ invitation to “follow the advisory mandate of the jury and conclude that any CSPA violation was not the proximate cause of any damages, and that there was also no breach of contract by Weaver Construction.” (Appellants’ brief at p. 16.) In “a bench trial with an advisory jury pursuant to Civ.R. 39(C)(1) . . . [t]he advisory jury [is] not the factfinder[.]” Rayco Mfg. v. Murphy, Rogers, Sloss & Gambel, 2019-Ohio-3756, ¶ 74 (8th Dist.). which imposes personal liability upon corporate officers for violations of the act performed by

11
Estate of Shury v. Cusatogreen
ohioctapp · 2024 · cited in 1 Ohio opinions naming this issue, 2026–2026
2 sentences

2026Recovery of attorney fees under R.C. 1345.09(F)(2) is limited to “work reasonably performed on the CSPA claim.” Estate of Shury, 2024-Ohio-2066, at ¶ 9 (8th Dist.), citing Bittner, 58 Ohio St.3d 143 .

2026Recovery of attorney fees under R.C. 1345.09(F)(2) is limited to “work reasonably performed on the CSPA claim.” Estate of Shury, 2024-Ohio-2066, at ¶ 9 (8th Dist.), citing Bittner, 58 Ohio St.3d 143 .

11
Younker v. Hayesgreen
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
ABV Corp. v. Cantorgreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Wuerth v. Nationwide Energy Partners, L.L.C.green
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Anderson v. Discount Drug Mart, Inc.green
ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Summa Health System v. Viningregreen
ohioctapp · 2000 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Davis v. Byers Volvogreen
ohioctapp · 2012 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Hansel v. Creative Concrete & Masonry Construction Co.green
ohioctapp · 2002 · cited in 1 Ohio opinions naming this issue, 2025–2025
1 sentence

2025Bd. of Health v. Pauer, 2003-Ohio-6740, ¶ 20-21 (11th Dist.) (because a voluntary dismissal without prejudice “is not an adjudication upon the merits,” and thus “there is no prevailing party when a claim is voluntarily dismissed,” appellant’s voluntary dismissal of administrative appeal did not render appellee a prevailing party and trial court “had no authority” to award costs to either party after matter was voluntarily dismissed); Hansel at 60 (once appellants’ claim under the Consumer Sales Practices Act (“CSPA”) was voluntarily dismissed, appellee was not entitled to attorney fees “becaus

11
Geauga County Board of Health v. Pauer, Unpublished Decision (12-12-2003)green
ohioctapp · 2003 · cited in 1 Ohio opinions naming this issue, 2025–2025
11
Zara Constr., Inc. v. Belcastrogreen
ohioctapp · 2022 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Davis v. Hawley Gen. Contracting, Inc.green
ohioctapp · 2015 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Durnell's RV Sales, Inc. v. Becklergreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Scott v. First Choice Auto Clinic, Inc.green
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Kent State Univ. v. Manleygreen
ohioctapp · 2023 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Deffren v. Johnsongreen
ohioctapp · 2021 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Pep Boys-Manny v. Vaughn, Unpublished Decision (2-16-2006)green
ohioctapp · 2006 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Eckman v. Columbia Oldsmobile, Inc.green
ohioctapp · 1989 · cited in 1 Ohio opinions naming this issue, 2024–2024
11
Wal-Mart Stores, Inc. v. Dukesgreen
scotus · 2011 · cited in 1 Ohio opinions naming this issue, 2023–2023
11
State ex rel. Engelhart v. Russogreen
ohio · 2012 · cited in 1 Ohio opinions naming this issue, 2023–2023
11
Bierlein v. Alex's Continental Inn, Inc.green
ohioctapp · 1984 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
Whitt v. Mazda Motor of Am., Inc.green
ohioctapp · 2011 · cited in 1 Ohio opinions naming this issue, 2022–2022
11
Ajibola v. Ohio Med. Career College, Ltd.green
ohioctapp · 2018 · cited in 1 Ohio opinions naming this issue, 2019–2019
11
Mid-America Acceptance Co. v. Lightlegreen
ohioctapp · 1989 · cited in 1 Ohio opinions naming this issue, 2019–2019
11
Albert v. Boatsmith Marine Service & Storage, Inc.green
ohioctapp · 1989 · cited in 1 Ohio opinions naming this issue, 2018–2018
11
Roberts v. United States Fidelity & Guaranty Co.green
ohio · 1996 · cited in 1 Ohio opinions naming this issue, 2018–2018
11
Horrisberger v. Mohlmastergreen
ohioctapp · 1995 · cited in 1 Ohio opinions naming this issue, 2015–2015
11
Mitchell v. Ellgreen
ohioctapp · 2004 · cited in 1 Ohio opinions naming this issue, 2014–2014
11
City of Riverside v. Riveragreen
scotus · 1986 · cited in 1 Ohio opinions naming this issue, 2014–2014
11

Distinguished, questioned or overruled (1)

CaseNegativeCited
Bittner v. Tri-County Toyota, Inc.green
ohio · 1991 · cited in 11 Ohio opinions naming this issue, 1999–2026
2 sentences

2026Recovery of attorney fees under R.C. 1345.09(F)(2) is limited to “work reasonably performed on the CSPA claim.” Estate of Shury, 2024-Ohio-2066, at ¶ 9 (8th Dist.), citing Bittner, 58 Ohio St.3d 143 .

2026Recovery of attorney fees under R.C. 1345.09(F)(2) is limited to “work reasonably performed on the CSPA claim.” Estate of Shury, 2024-Ohio-2066, at ¶ 9 (8th Dist.), citing Bittner, 58 Ohio St.3d 143 .

111

Also cited on this issue (42)

CaseCitedYears
Parker v. I&F Insulation Co. green
ohio · 2000
2 sentences

2007"One of its purposes is to make `private enforcement of the CSPA attractive to consumers who otherwise might not be able to afford or justify the cost of prosecuting an alleged CSPA violation, which, in turn, works to discourage CSPA violations in the first place via the threat of liability for damages and attorney fees.'" Id., quoting Parker v. I F Insulation Co., Inc. (2000), 89 Ohio St.3d 261 , 268 . {¶ 23} The Whitaker court noted "that statutory damages in the amount of $200 are an alternative to actual damages, and, thus, $200 is the minimum award for a CSPA violation under R.C. 1345.09

2007"One of its purposes is to make `private enforcement of the CSPA attractive to consumers who otherwise might not be able to afford or justify the cost of prosecuting an alleged CSPA violation, which, in turn, works to discourage CSPA violations in the first place via the threat of liability for damages and attorney fees.'" Id., quoting Parker v. I F Insulation Co., Inc. (2000), 89 Ohio St.3d 261 , 268 . {¶ 23} The Whitaker court noted "that statutory damages in the amount of $200 are an alternative to actual damages, and, thus, $200 is the minimum award for a CSPA violation under R.C. 1345.09

32006–2026
Einhorn v. Ford Motor Co. green
ohio · 1990
2 sentences

2018Einhorn v. Ford Motor Co. , 48 Ohio St.3d 27 , 29, 548 N.E.2d 933 (1990) ; Ganson v. Vaughn , 135 Ohio App.3d 689 , 692, 735 N.E.2d 483 (1st Dist.1999). {¶ 12} R.C. 1345.09(A) states that upon proving a CSPA violation, "the consumer may * * * rescind the transaction or recover the consumer's actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages." R.C. 1345.09(G) defines "actual economic damages" as "damages for direct, incidental, or consequential pecuniary losses resulting from a violation of Chapter 1345 of the Revised Code and does not include dam

2018Einhorn v. Ford Motor Co. , 48 Ohio St.3d 27 , 29, 548 N.E.2d 933 (1990) ; Ganson v. Vaughn , 135 Ohio App.3d 689 , 692, 735 N.E.2d 483 (1st Dist.1999). {¶ 12} R.C. 1345.09(A) states that upon proving a CSPA violation, "the consumer may * * * rescind the transaction or recover the consumer's actual economic damages plus an amount not exceeding five thousand dollars in noneconomic damages." R.C. 1345.09(G) defines "actual economic damages" as "damages for direct, incidental, or consequential pecuniary losses resulting from a violation of Chapter 1345 of the Revised Code and does not include dam

32006–2018
Montoney v. Lincoln Logs, Unpublished Decision (1-23-2007) green
ohioctapp · 2007
2 sentences

2016Franklin No. 06AP-284, 2007-Ohio-236, ¶ 26 . “‘[A] CSPA violation may occur before, during, or after the underlying consumer transaction.’” Id.

2016Franklin No. 06AP-284, 2007-Ohio-236, ¶ 26 . “‘[A] CSPA violation may occur before, during, or after the underlying consumer transaction.’” Id.

32008–2016
Hensley v. Eckerhart green
scotus · 1983
2 sentences

2024Bittner v. Tri-County Toyota, Inc., 58 Ohio St.3d 143, 145 , 569 N.E.2d 464 (1991), citing Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983).

2024Bittner v. Tri-County Toyota, Inc., 58 Ohio St.3d 143, 145 , 569 N.E.2d 464 (1991), citing Hensley v. Eckerhart, 461 U.S. 424, 433 , 103 S.Ct. 1933 , 76 L.Ed.2d 40 (1983).

22022–2024
Marshall v. Aaron green
ohio · 1984
2 sentences

2023They assert that Marshall v. Aaron, 15 Ohio St.3d 48, 51 , 472 N.E.2d 335 (1984) stands for the proposition that “a court may not sua sponte enter summary judgment on [a] basis not raised by Motion of a party.” (Emphasis sic.) (Appellants’ Brief, 4). {¶31} However, as the appellee notes on appeal, the Becklers’ argument relies on “an overreading of Marshall.” Appellee’s Brief, 8.

2023They assert that Marshall v. Aaron, 15 Ohio St.3d 48, 51 , 472 N.E.2d 335 (1984) stands for the proposition that “a court may not sua sponte enter summary judgment on [a] basis not raised by Motion of a party.” (Emphasis sic.) (Appellants’ Brief, 4). {¶31} However, as the appellee notes on appeal, the Becklers’ argument relies on “an overreading of Marshall.” Appellee’s Brief, 8.

22004–2023
Reichert v. Ingersoll green
ohio · 1985
2 sentences

2023R.C. 1345.09(C)(1) states rescission is only an appropriate remedy under the CSPA “within a reasonable time” after discovery of the grounds for it and before “there has been a substantial change in the subject of the consumer transaction.” Reichert v. Ingersoll, 18 Ohio St.3d 220, 224 , 480 N.E.2d 802 (1985).

1999Although recission was not available to the Keibers, because a substantial change had occurred in the nature of the transaction, see Richert v. Ingersoll (1985), 18 Ohio St.3d 220 , they recovered treble damages on their CSPA claim.

21999–2023
Johnson v. Microsoft Corp. green
ohio · 2005
2 sentences

2021When these examples and considerations are considered together, "the CSPA defines "unfair or deceptive consumer sales practices" as those that mislead consumers about the nature of the product they are receiving, while "unconscionable acts or practices" relate to a supplier manipulating a consumer's understanding of the nature of the transaction at issue." Johnson v. Microsoft Corp., 106 Ohio St.3d 278 , 2005-Ohio-4985 , ¶ 24. {¶27} Unfair, deceptive, or unconscionable acts or practices constitute a CSPA violation whether they occur before, during, or after the consumer transaction.

2021When these examples and considerations are considered together, "the CSPA defines "unfair or deceptive consumer sales practices" as those that mislead consumers about the nature of the product they are receiving, while "unconscionable acts or practices" relate to a supplier manipulating a consumer's understanding of the nature of the transaction at issue." Johnson v. Microsoft Corp., 106 Ohio St.3d 278 , 2005-Ohio-4985 , ¶ 24. {¶27} Unfair, deceptive, or unconscionable acts or practices constitute a CSPA violation whether they occur before, during, or after the consumer transaction.

22008–2021
Lubanovich v. McGlocklin green
ohioctapp · 2014
2 sentences

2019Id. {¶35} If the CSPA violation has been declared a deceptive or unconscionable act or practice by a rule promulgated by the Attorney General pursuant to R.C. 1345.05(B)(2), or if a court order, made available for public inspection, had determined that a specific act or practice violated R.C. 1345.02, R.C. 1345.03, or R.C. 1345.031, then the consumer may either 1) rescind the transaction, or 2) recover treble damages of the amount of the actual economic damages or $200, whichever is greater, plus noneconomic damages up to five thousand dollars.

2019Id. {¶35} If the CSPA violation has been declared a deceptive or unconscionable act or practice by a rule promulgated by the Attorney General pursuant to R.C. 1345.05(B)(2), or if a court order, made available for public inspection, had determined that a specific act or practice violated R.C. 1345.02, R.C. 1345.03, or R.C. 1345.031, then the consumer may either 1) rescind the transaction, or 2) recover treble damages of the amount of the actual economic damages or $200, whichever is greater, plus noneconomic damages up to five thousand dollars.

22015–2019
Brown v. Lyons green
ohctcomplhamilt · 1974
2 sentences

2017Mahoning No. 11 MA 109, 2013-Ohio-2266 , 2013 WL 2423185 ("[N]ot every breach of contract constitutes a CSPA violation, however 'when a supplier knowingly commits a breach, the breach is likely also an unfair or deceptive act.' "); Brown v. Lyons , 43 Ohio Misc. 14 , 332 N.E.2d 380 (C.P.1974) ("Ohio courts have held that a manufacturer's failure to repair a defect covered by a warranty can amount to a violation of the CSPA.").

2017Mahoning No. 11 MA 109, 2013-Ohio-2266 , 2013 WL 2423185 ("[N]ot every breach of contract constitutes a CSPA violation, however 'when a supplier knowingly commits a breach, the breach is likely also an unfair or deceptive act.' "); Brown v. Lyons , 43 Ohio Misc. 14 , 332 N.E.2d 380 (C.P.1974) ("Ohio courts have held that a manufacturer's failure to repair a defect covered by a warranty can amount to a violation of the CSPA.").

22002–2017
Eagle v. Fred Martin Motor Co. green
ohioctapp · 2004
2 sentences

2016In support, appellant cites Eagle v. Fred Martin Motor Co., 157 Ohio App.3d 150 , 2004-Ohio-829 (9th Dist.), a case dealing with an arbitration clause.

2016In support, appellant cites Eagle v. Fred Martin Motor Co., 157 Ohio App.3d 150 , 2004-Ohio-829 (9th Dist.), a case dealing with an arbitration clause.

22014–2016
Williams v. Spitzer Autoworld Canton, L.L.C. green
ohio · 2009
2 sentences

2013In other words, the Felixes’ CSPA claim is not premised on allegations that Ganley failed to properly integrate prior “statements, representations[,] or promises” made to induce the Felixes and other class members to purchase vehicles — the conduct regulated by Ohio Adm.Code 109:4-3-16(B)(22) — rather, the Felixes contend that inclusion of the arbitration provision in the sales agreement violated the CSPA because (1) the language of the arbitration provision was ambiguous, confusing, and misleading, (2) the provision failed to provide accurate and complete information about the arbitration pro

2013In other words, the Felixes’ CSPA claim is not premised on allegations that Ganley failed to properly integrate prior “statements, representations[,] or promises” made to induce the Felixes and other class members to purchase vehicles — the conduct regulated by Ohio Adm.Code 109:4-3-16(B)(22) — rather, the Felixes contend that inclusion of the arbitration provision in the sales agreement violated the CSPA because (1) the language of the arbitration provision was ambiguous, confusing, and misleading, (2) the provision failed to provide accurate and complete information about the arbitration pro

22009–2013
Williams v. Aetna Finance Co. green
ohio · 1998
2 sentences

2012Co. (1998), 83 Ohio St.3d 464, 475 , 700 N.E.2d 859 , citing Gosden v. Louis (1996), 116 Ohio App.3d 195, 219 , 687 N.E.2d 481 . {¶ 64} In the case sub judice, we have determined that no genuine issues of material fact remain regarding appellants’ CSPA claim and that appellee is entitled to judgment as a matter of law.

2004The Supreme Court found significant the fact that the Patterson court’s clause required a consumer to “prepay a substantial amount of fees as a condition precedent to arbitration.” Williams, 83 Ohio St.3d at 473 , 700 N.E.2d 859 . {¶ 44} Similarly, the Tenth District Court of Appeals, addressing a CSPA claim arising from a consumer’s purchase of a motor vehicle, remanded the case to the trial court to determine the issue of whether the arbitration clause in that purchase contract was unconscionable.

22004–2012
Fletcher v. Don Foss of Cleveland, Inc. green
ohioctapp · 1993
2 sentences

2009Fletcher v. Don Foss of Cleveland, Inc. (1993), 90 Ohio App.3d 82, 88 , 628 N.E.2d 60 .

2009Fletcher v. Don Foss of Cleveland, Inc. (1993), 90 Ohio App.3d 82, 88 , 628 N.E.2d 60 .

21999–2009
Karst v. Goldberg green
ohioctapp · 1993
2 sentences

2008Karst v. Goldberg (1993), 88 Ohio App.3d 413 , 418 , 623 N.E.2d 1348 . {¶ 48} In order to establish a CSPA violation, the court must determine that the transaction between the parties was one to which the CSPA applied.

2008Karst v. Goldberg (1993), 88 Ohio App.3d 413 , 418 , 623 N.E.2d 1348 . {¶ 48} In order to establish a CSPA violation, the court must determine that the transaction between the parties was one to which the CSPA applied.

22002–2008
Whitaker v. M.T. Automotive, Inc. green
ohio · 2006
2 sentences

2007Automotive, Inc., 111 Ohio St.3d 177 , 2006-Ohio-5481 , 855 N.E.2d 825 , the court held: {¶ 54} “R.C. 1345.09(A)’s use of the unmodified term ‘damages’ seems to allow for an award of punitive damages for a CSPA violation committed with actual malice.

2007Automotive, Inc. (2006), 111 Ohio St.3d 177 , 2006-Ohio-5481 , at ¶ 24 (" Whitaker II ). {¶ 8} Non-economic damages in the context of CSPA claim have included "damages for inconvenience, aggravation, frustration, and humiliation for misrepresentations;" Whitaker II at ¶ 20, citing Damask v. Modern Communications, Ltd.

22007–2007
Sterling Constr., Inc. v. Alkire green
ohioctapp · 2017
2 sentences

2026The trial court, citing Einhorn, specifically noted that the CSPA “gives a court discretion to award attorney’s fees[.]” (Emphasis added.) This is why appellants’ citations to cases such as Griffin Contracting & Restoration v. McIntyre, 2018-Ohio-3121 (12th Dist.), and Sterling Constr., Inc. v. Alkire, 2017-Ohio-7213 (12th Dist.), are inapposite.

2026The trial court, citing Einhorn, specifically noted that the CSPA “gives a court discretion to award attorney’s fees[.]” (Emphasis added.) This is why appellants’ citations to cases such as Griffin Contracting & Restoration v. McIntyre, 2018-Ohio-3121 (12th Dist.), and Sterling Constr., Inc. v. Alkire, 2017-Ohio-7213 (12th Dist.), are inapposite.

12026–2026
Griffin Contracting & Restoration v. McIntyre green
ohioctapp · 2018
2 sentences

2026The trial court, citing Einhorn, specifically noted that the CSPA “gives a court discretion to award attorney’s fees[.]” (Emphasis added.) This is why appellants’ citations to cases such as Griffin Contracting & Restoration v. McIntyre, 2018-Ohio-3121 (12th Dist.), and Sterling Constr., Inc. v. Alkire, 2017-Ohio-7213 (12th Dist.), are inapposite.

2026The trial court, citing Einhorn, specifically noted that the CSPA “gives a court discretion to award attorney’s fees[.]” (Emphasis added.) This is why appellants’ citations to cases such as Griffin Contracting & Restoration v. McIntyre, 2018-Ohio-3121 (12th Dist.), and Sterling Constr., Inc. v. Alkire, 2017-Ohio-7213 (12th Dist.), are inapposite.

12026–2026
Cincinnati v. Beretta U.S.A. Corp. green
ohio · 2002
1 sentence

2026Corp., 2002-Ohio-2480, ¶ 4-5 . {¶ 9} After independently reviewing Williams’ complaint, we find that, even when construing all reasonable inferences in favor of Williams, the complaint does not state a claim for a CSPA violation or any other claim for that matter.

12026–2026
Firelands Regional Med. Ctr. v. Jeavons, E-07-068 (9-30-2008) green
ohioctapp · 2008
12025–2025
Williams v. Gray Guy Group, L.L.C. green
ohioctapp · 2016
12025–2025
Warman v. Select Auto green
ohioctapp · 2024
12025–2025
Monroe v. Forum Health green
ohioctapp · 2012
12025–2025
Deegan & McGarry v. Med-Cor green
ohioctapp · 1998
12025–2025
Tisdale v. Direct Detail neutral
ohioctapp · 2012
12023–2023
Ferron v. Dish Network, L.L.C. neutral
ohioctapp · 2011
12021–2021
Logan v. Access Ohio, L.L.C. green
ohioctapp · 2021
12021–2021
Tavtigian v. Foster neutral
ohioctapp · 2017
12021–2021
Robinson v. McDougal green
ohioctapp · 1988
12020–2020
Phillips v. Andy Buick, Inc., Unpublished Decision (11-3-2006) neutral
ohioctapp · 2006
12019–2019
Ganson v. Vaughn green
ohioctapp · 1999
12018–2018
Anderson v. Barclay's Capital Real Estate, Inc. green
ohio · 2013
12018–2018
Semco, Inc. v. Sims Bros., Inc. green
ohioctapp · 2013
12018–2018
Thomas v. Sun Furniture & Appliance Co. green
ohioctapp · 1978
12017–2017
Price v. KNL Custom Homes, Inc. neutral
ohioctapp · 2015
12016–2016
Varavvas v. Mullet Cabinets, Inc. green
ohioctapp · 2009
12015–2015
Eastley v. Volkman green
ohio · 2012
12015–2015
Hughes v. Calabrese green
ohio · 2002
12014–2014
Atelier Design, Inc. v. Campbell green
ohioctapp · 1990
12014–2014
Village of Grafton v. Ohio Edison Co. green
ohio · 1996
12014–2014
Hughes v. Calabrese green
ohio · 2002
12014–2014

Statutes the citing opinions construe

OH § Ohio Rev. Code § 1345.02 (48) OH § Ohio Rev. Code § 1345.09 (44) OH § Ohio Rev. Code § 1345.01 (29) OH § Ohio Rev. Code § 1345.03 (21) OH § Ohio Rev. Code § 1345.05 (13) OH § Ohio Rev. Code § 1345.10 (5) OH § Ohio Rev. Code § 2505.02 (5) OH § Ohio Rev. Code § 1345.04 (4) OH § Ohio Rev. Code § 1345.092 (4) OH § Ohio Rev. Code § 1345.23 (4) OH § Ohio Rev. Code § 1345.21 (3) OH § Ohio Rev. Code § 2711.10 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

← Caselaw search · G Cite Topics · Brief Check