Ohio Rev. Code » Chapter 1345
Ohio Revised Code

Ohio Rev. Code § 1345.05 (2026)

Attorney general powers and duties

✓ current as of May 2026
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Effective:
September 10, 2012
Latest Legislation:
House Bill 487 - 129th General Assembly
PDF:
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(A) The attorney general shall:

(1) Adopt, amend, and repeal procedural rules;

(2) Adopt as a rule a description of the organization of the attorney general's office, stating the general courses and methods of operation of the section of the office of the attorney general, which is to administer Chapter 1345. of the Revised Code and methods whereby the public may obtain information or make submissions or requests, including a description of all forms and instructions used by that office;

(3) Make available for public inspection all rules and all other written statements of policy or interpretations adopted or used by the attorney general in the discharge of the attorney general's functions, together with all judgments, including supporting opinions, by courts of this state that determine the rights of the parties and concerning which appellate remedies have been exhausted, or lost by the expiration of the time for appeal, determining that specific acts or practices violate section 1345.02, 1345.03, or 1345.031 of the Revised Code;

(4) Inform consumers and suppliers on a continuing basis of acts or practices that violate Chapter 1345. of the Revised Code by, among other things, publishing an informational document describing acts and practices in connection with residential mortgages that are unfair, deceptive, or unconscionable, and by making that information available on the attorney general's official web site;

(5) Cooperate with state and local officials, officials of other states, and officials of the federal government in the administration of comparable statutes;

(6) Report annually on or before the thirty-first day of January to the governor and the general assembly on the operations of the attorney general in respect to Chapter 1345. of the Revised Code, and on the acts or practices occurring in this state that violate such chapter. The report shall include a statement of investigatory and enforcement procedures and policies, of the number of investigations and enforcement proceedings instituted and of their disposition, and of other activities of the state and of other persons to promote the purposes of Chapter 1345. of the Revised Code.

(7) In carrying out official duties, the attorney general shall not disclose publicly the identity of suppliers investigated or the facts developed in investigations unless these matters have become a matter of public record in enforcement proceedings, in public hearings conducted pursuant to division (B)(1) of this section, or the suppliers investigated have consented in writing to public disclosure.

(B) The attorney general may:

(1) Conduct research, make inquiries, hold public hearings, and publish studies relating to consumer transactions;

(2) Adopt, amend, and repeal substantive rules defining with reasonable specificity acts or practices that violate sections 1345.02, 1345.03, and 1345.031 of the Revised Code. In adopting, amending, or repealing substantive rules defining acts or practices that violate section 1345.02 of the Revised Code, due consideration and great weight shall be given to federal trade commission orders, trade regulation rules and guides, and the federal courts' interpretations of subsection 45(a)(1) of the "Federal Trade Commission Act," 38 Stat. 717 (1914), 15 U.S.C.A. 41, as amended.

In adopting, amending, or repealing such rules concerning a consumer transaction in connection with a residential mortgage, the attorney general shall consult with the superintendent of financial institutions and shall give due consideration to state and federal statutes, regulations, administrative agency interpretations, and case law.

(C) In the conduct of public hearings authorized by this section, the attorney general may administer oaths, subpoena witnesses, adduce evidence, and require the production of relevant material. Upon failure of a person without lawful excuse to obey a subpoena or to produce relevant matter, the attorney general may apply to a court of common pleas for an order compelling compliance.

(D) The attorney general may request that an individual who refuses to testify or to produce relevant material on the ground that the testimony or matter may incriminate the individual be ordered by the court to provide the testimony or matter. With the exception of a prosecution for perjury and an action for damages under section 1345.07 or 1345.09 of the Revised Code, an individual who complies with a court order to provide testimony or matter, after asserting a privilege against self incrimination to which the individual is entitled by law, shall not be subjected to a criminal proceeding on the basis of the testimony or matter discovered through that testimony or matter.

(E) Any person may petition the attorney general requesting the adoption, amendment, or repeal of a rule. The attorney general shall prescribe by rule the form for such petitions and the procedure for their submission, consideration, and disposition. Within sixty days of submission of a petition, the attorney general shall either deny the petition in writing, stating the reasons for the denial, or initiate rule-making proceedings. There is no right to appeal from such denial of a petition.

(F) All rules shall be adopted subject to Chapter 119. of the Revised Code.

(G) The informational document published in accordance with division (A)(4) of this section shall be made available for distribution to consumers who are applying for a mortgage loan. An acknowledgement of receipt shall be retained by the lender, mortgage broker, and loan officer, as applicable, subject to review by the attorney general and the department of commerce.
Notes of Decisions
Cited in 99 cases (18 in the last 5 years), 1974–2026 · leading case: Marrone v. Philip Morris USA, Inc., 850 N.E.2d 31 (Ohio 2006).
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Marrone v. Philip Morris USA, Inc., 850 N.E.2d 31 (Ohio 2006). · cites it 19× “03 of the Revised Code and * * * made available for public inspection under division (A)(3) of section 1345.05 of the Revised Code.” R.C.”
Delahunt v. Cytodyne Tech., 241 F. Supp. 2d 827 (S.D. Ohio 2003). · cites it 8× “The statute states, in relevant part: Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or…”
Mid-Am. Acceptance Co. v. Lightle, 579 N.E.2d 721 (Ohio Ct. App. 1989). · cites it 8× ““(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court of…”
In re Porsche Cars North Am., Inc., 880 F. Supp. 2d 801 (S.D. Ohio 2012). · cites it 4× “09(B) provides: Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a…”
Eagle v. Fred Martin Motor Co., 809 N.E.2d 1161 (Ohio Ct. App. 2004). · cites it 3× “R.C. 1345.05. Among these various powers and responsibilities are the duties to make available for public inspection judgments and opinions of Ohio courts that determine that certain acts or practices violate R.”
Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007). · cites it 6× “The CSPA states, in relevant part: Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or…”
Amato v. Gen. Motors Corp., 463 N.E.2d 625 (Ohio Ct. App. 1982). · cites it 9× ““(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court of…”
Bierlein v. Alex's Cont'l Inn, Inc., 475 N.E.2d 1273 (Ohio Ct. App. 1984). · cites it 8× “09: “(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court…”
Malkamaki v. Sea Ray Boats, Inc., 411 F. Supp. 2d 737 (N.D. Ohio 2005). · cites it 6× “Count V-Unfair Acts as Declared by Attorney General Rule Under RC. 1345.05.(B)(2) Plaintiff alleges violation of the CSPA of a rule adopted by the Ohio Attorney Generals office.”
Averback v. Montrose Ford, Inc., 2019 Ohio 373 (Ohio Ct. App. 2019). · cites it 4× “R.C. 1345.05(B)(2). Pursuant to that authority, the Attorney General has adopted Ohio Adm.”
Crye v. Smolak, 674 N.E.2d 779 (Ohio Ct. App. 1996). · cites it 7× “09(B) states: ‘Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a…”
Parker v. I&F Insulation Co., 730 N.E.2d 972 (Ohio 2000). · cites it 6× ““(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court of…”
Show all 99 citing cases →
— Ohio Rev. Code § 1345.05(A) — 1 case
Gascho v. Global Fitness Holdings, LLC, 918 F. Supp. 2d 708 (S.D. Ohio 2013).
— Ohio Rev. Code § 1345.05(A)(1) — 2 cases
Brooks v. Hurst Buick-Pontiac-Olds-Gmc, Inc., 491 N.E.2d 345 (Ohio Ct. App. 1985).
State ex rel. Celebrezze v. Hughes, 569 N.E.2d 1059 (Ohio 1991).
— Ohio Rev. Code § 1345.05(A)(3) — 28 cases
Marrone v. Philip Morris USA, Inc., 850 N.E.2d 31 (Ohio 2006). “03 of the Revised Code and * * * made available for public inspection under division (A)(3) of section 1345.05 of the Revised Code.” R.C.”
Gascho v. Global Fitness Holdings, LLC, 863 F. Supp. 2d 677 (S.D. Ohio 2012).
Gascho v. Global Fitness Holdings, LLC, 918 F. Supp. 2d 708 (S.D. Ohio 2013).
Delahunt v. Cytodyne Tech., 241 F. Supp. 2d 827 (S.D. Ohio 2003). “The statute states, in relevant part: Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or…”
Eagle v. Fred Martin Motor Co., 809 N.E.2d 1161 (Ohio Ct. App. 2004). “R.C. 1345.05. Among these various powers and responsibilities are the duties to make available for public inspection judgments and opinions of Ohio courts that determine that certain acts or practices violate R.”
— Ohio Rev. Code § 1345.05(A)(7) — 1 case
State Ex Rel. Celebrezze v. Grogan Chrysler-Plymouth, Inc., 598 N.E.2d 796 (Ohio Ct. App. 1991).
— Ohio Rev. Code § 1345.05(B) — 7 cases
Bierlein v. Alex's Cont'l Inn, Inc., 475 N.E.2d 1273 (Ohio Ct. App. 1984). “09: “(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court…”
Renner v. Derin Acquisition Corp., 676 N.E.2d 151 (Ohio Ct. App. 1996).
Freitag v. Bill Swad Datsun, 443 N.E.2d 988 (Ohio Ct. App. 1981).
Amato v. Gen. Motors Corp., 463 N.E.2d 625 (Ohio Ct. App. 1982). ““(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court of…”
Albert v. Boatsmith Marine Serv. & Storage, Inc., 582 N.E.2d 1023 (Ohio Ct. App. 1989).
— Ohio Rev. Code § 1345.05(B)(1) — 1 case
Ferron v. EchoStar Satellite, LLC, 727 F. Supp. 2d 647 (S.D. Ohio 2009).
— Ohio Rev. Code § 1345.05(B)(2) — 44 cases
Marrone v. Philip Morris USA, Inc., 850 N.E.2d 31 (Ohio 2006). “03 of the Revised Code and * * * made available for public inspection under division (A)(3) of section 1345.05 of the Revised Code.” R.C.”
Averback v. Montrose Ford, Inc., 2019 Ohio 373 (Ohio Ct. App. 2019). “R.C. 1345.05(B)(2). Pursuant to that authority, the Attorney General has adopted Ohio Adm.”
Mid-Am. Acceptance Co. v. Lightle, 579 N.E.2d 721 (Ohio Ct. App. 1989). ““(B) Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or practice determined by a court of…”
Williams v. Spitzer Autoworld Canton, L.L.C., 2009 Ohio 3554 (Ohio 2009).
Delahunt v. Cytodyne Tech., 241 F. Supp. 2d 827 (S.D. Ohio 2003). “The statute states, in relevant part: Where the violation was an act or practice declared to be deceptive or unconscionable by rule adopted under division (B)(2) of section 1345.05 of the Revised Code before the consumer transaction on which the action is based, or an act or…”
— Ohio Rev. Code § 1345.05(F) — 1 case
Hamilton v. Ball, 2014 Ohio 1118 (Ohio Ct. App. 2014).
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