(A) With the exception of consent judgments entered before any testimony is taken, a final judgment against a supplier under section 1345.07 of the Revised Code is admissible as prima-facie evidence of the facts on which it is based in subsequent proceedings under section 1345.09 of the Revised Code against the same supplier, or his successors or assigns.
(B) An action by or on behalf of a consumer pursuant to section 1345.09 of the Revised Code precludes that consumer from being included in a later class action by the attorney general with respect to the same transaction, but intervention by the attorney general in a pending action is authorized. If the attorney general brings a class action on behalf of consumers, a consumer may withdraw from the class action prior to trial, or, with the permission of the court, at any time.
(C) An action under sections 1345.01 to 1345.13 of the Revised Code may not be brought more than two years after the occurrence of the violation which is the subject of suit, or more than one year after the termination of proceedings by the attorney general with respect to the violation, whichever is later. However, an action under sections 1345.01 to 1345.13 of the Revised Code arising out of the same consumer transaction can be used as a counterclaim whenever a supplier sues a consumer on an obligation arising from the consumer transaction.
Notes of Decisions
Cited in 52
cases (15 in the last 5 years), 1974–2026 · leading case: Cypher v. Bill Swad Leasing Co., 521 N.E.2d 1142 (Ohio Ct. App. 1987).
Cypher v. Bill Swad Leasing Co., 521 N.E.2d 1142 (Ohio Ct. App. 1987). · cites it 9דC. 1345.10(C). Consequently, the trial court did not err in finding that appellants’ claim for treble damages, pursuant to the Consumer Sales Practices Act was time-barred.”
Temple v. Fleetwood Enter., Inc., 133 F. App'x 254 (6th Cir. 2005). · cites it 2דIn addition, Ohio Rev.Code Ann. § 1345.10(C) sets forth the statute of limitations for actions under the CSPA.”
Foster v. D.B.S. Collection Agency, 463 F. Supp. 2d 783 (S.D. Ohio 2006). · cites it 2דSee O.R.C. § 1345.10(C) ("An action under sections 1345.”
Allen v. Andersen Windows, Inc., 913 F. Supp. 2d 490 (S.D. Ohio 2012). · cites it 2דOhio Consumer Sales Practices Act Allen’s Fourth Claim alleges a violation of the Ohio Consumer Sales Practices Act (“CSPA”), based on the theory that Andersen “induced” her (and the members of her proposed class) to purchase defective Andersen products.”
Sloan v. Gen. Motors LLC, 287 F. Supp. 3d 840 (N.D. Cal. 2018). “01 (Ohio Consumer Sales Practices Act); Ohio Rev. Code § 1345.10(C) (providing for two-year statute of limitations).”
Rosenow v. Shutrump & Assocs., 839 N.E.2d 82 (Ohio Ct. App. 2005). · cites it 5דThus, appellant asserts that the two-year statute of limitations was tolled and started to run only upon his discovery.”
Lloyd v. Buick Youngstown Gmc Truck Co., 686 N.E.2d 350 (Ohio Ct. App. 1996). · cites it 6דAs grounds for the motion, Buick Youngstown argued that the amended complaint was barred by the applicable statute of limitations, found in R.C. 1345.10(C). That statute sets forth that causes of action alleging violations of the Consumer Sales Practices Act (R.”
Clark v. Lender Processing Servs., Inc., 949 F. Supp. 2d 763 (N.D. Ohio 2013). · cites it 2דOhio March 18, 2011) (quoting O.R.C. § 1345.10(C)). (Doc. # 53, p. 24-26).”
Zaremba v. Marvin Lumber & Cedar Co., 458 F. Supp. 2d 545 (N.D. Ohio 2006). · cites it 2ד, by “failing to honor its warranty” and by “supplying goods that are worth substantially less than what was bargained for.”
Price v. KNL Custom Homes, Inc., 2015 Ohio 436 (Ohio Ct. App. 2015). · cites it 7דSpecifically, KNL argues that the acts or omissions that the jury found to be CSPA violations in interrogatory numbers 17(F)(1), 17(G)(1), 17(I), 17(J), 17(O), 17(P), 17(Q), 17(W), 17(X), 17(Z), and 17(BB) would have necessarily occurred during the construction of the Prices’…”
Foster v. Wells Fargo Fin. Ohio, Inc., 2011 Ohio 4632 (Ohio Ct. App. 2011). · cites it 2דR.C. 1345.10(C). Foster signed the retail-installment contract to obtain financing through Wells Fargo on June 30, 2003.”
Cypher v. Bill Swad Leasing Co., 521 N.E.2d 1142 (Ohio Ct. App. 1987). “C. 1345.10(C). Consequently, the trial court did not err in finding that appellants’ claim for treble damages, pursuant to the Consumer Sales Practices Act was time-barred.”
Temple v. Fleetwood Enter., Inc., 133 F. App'x 254 (6th Cir. 2005). “In addition, Ohio Rev.Code Ann. § 1345.10(C) sets forth the statute of limitations for actions under the CSPA.”
Allen v. Andersen Windows, Inc., 913 F. Supp. 2d 490 (S.D. Ohio 2012). “Ohio Consumer Sales Practices Act Allen’s Fourth Claim alleges a violation of the Ohio Consumer Sales Practices Act (“CSPA”), based on the theory that Andersen “induced” her (and the members of her proposed class) to purchase defective Andersen products.”
Sloan v. Gen. Motors LLC, 287 F. Supp. 3d 840 (N.D. Cal. 2018). “01 (Ohio Consumer Sales Practices Act); Ohio Rev. Code § 1345.10(C) (providing for two-year statute of limitations).”
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