(A)(1) A person who is likely to be damaged by a person who commits a deceptive trade practice that is listed in division (A) of section 4165.02 of the Revised Code may commence a civil action for injunctive relief against the other person, and the court of common pleas involved in that action may grant injunctive relief based on the principles of equity and on the terms that the court considers reasonable. Proof of monetary damage or loss of profits is not required in a civil action commenced under division (A)(1) of this section.
(2) A person who is injured by a person who commits a deceptive trade practice that is listed in division (A) of section 4165.02 of the Revised Code may commence a civil action to recover actual damages from the person who commits the deceptive trade practice.
(B) The court may award in accordance with this division reasonable attorney's fees to the prevailing party in either type of civil action authorized by division (A) of this section. An award of attorney's fees may be assessed against a plaintiff if the court finds that the plaintiff knew the action to be groundless. An award of attorney's fees may be assessed against a defendant if the court finds that the defendant has willfully engaged in a trade practice listed in division (A) of section 4165.02 of the Revised Code knowing it to be deceptive.
(C) The civil relief provided in this section is in addition to civil or criminal remedies otherwise available against the same conduct under the common law or other sections of the Revised Code.
Notes of Decisions
Cited in 38
cases (9 in the last 5 years), 1973–2025 · leading case: Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007).
Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007). · cites it 6דIn order to prevail in a civil action under section 4165.03 of the Revised Code that seeks injunctive relief or an award of damages and that is based on one or more deceptive trade practices listed in division (A) of this section, a complainant need not prove competition between…”
Gascho v. Global Fitness Holdings, LLC, 863 F. Supp. 2d 677 (S.D. Ohio 2012). · cites it 4דThe definition of “person” applies to this provision, just as it applies to § 4165.03, which sets forth who may sue under the DTPA.”
In re Porsche Cars North Am., Inc., 880 F. Supp. 2d 801 (S.D. Ohio 2012). · cites it 3דSection 4165.03 of the ODTPA confers standing on a “person who is likely to be damaged by a person who commits a deceptive trade practice” or a “person who is injured by a person who commits a deceptive trade practice.”
Torrance v. Rom, 2020 Ohio 3971 (Ohio Ct. App. 2020). · cites it 3ד” R.C. 4165.03(A)(1)-(2). A plaintiff seeking injunctive relief under R.”
Cesare v. Work, 520 N.E.2d 586 (Ohio Ct. App. 1987). · cites it 6דR.C. 4165.03 provides, in part: “A person injured by a deceptive trade practice of another may recover actual damages.”
Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63 (Ohio Ct. App. 2019). · cites it 12ד{¶7} In its assignment of error, Wooster Floral & Gifts, LLC argues that the trial court erred when it granted judgment in favor of Green Thumb on its claims for injunctive relief and attorney’s fees under Ohio’s Deceptive Trade Practices Act.”
Sky v. Van Der Westhuizen, 2019 Ohio 1960 (Ohio Ct. App. 2019). · cites it 4ד02 and R.C. §4165.03 provide two types of action: (1) an action where a person is likely to be damaged and seeks injunctive relief and (2) an action where a person has been injured and seeks damages.”
McKinney v. Bayer Corp., 744 F. Supp. 2d 733 (N.D. Ohio 2010). · cites it 2דUnder the ODTPA, a person is defined as “an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, limited liability company, two or more of any of the foregoing having a joint common…”
Gascho v. Global Fitness Holdings, LLC, 863 F. Supp. 2d 677 (S.D. Ohio 2012). “The definition of “person” applies to this provision, just as it applies to § 4165.03, which sets forth who may sue under the DTPA.”
In re Porsche Cars North Am., Inc., 880 F. Supp. 2d 801 (S.D. Ohio 2012). “Section 4165.03 of the ODTPA confers standing on a “person who is likely to be damaged by a person who commits a deceptive trade practice” or a “person who is injured by a person who commits a deceptive trade practice.”
Torrance v. Rom, 2020 Ohio 3971 (Ohio Ct. App. 2020). “” R.C. 4165.03(A)(1)-(2). A plaintiff seeking injunctive relief under R.”
Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63 (Ohio Ct. App. 2019). “{¶7} In its assignment of error, Wooster Floral & Gifts, LLC argues that the trial court erred when it granted judgment in favor of Green Thumb on its claims for injunctive relief and attorney’s fees under Ohio’s Deceptive Trade Practices Act.”
Goomai v. H&E Ent., L.L.C., 2024 Ohio 5711 (Ohio 2024). “R.C. 4165.03. In this case, a plaintiff pursued a claim for actual damages.”
— Ohio Rev. Code § 4165.03(A)(2) — 9 cases
Bower v. Int'l Bus. MacHines, Inc., 495 F. Supp. 2d 837 (S.D. Ohio 2007). “In order to prevail in a civil action under section 4165.03 of the Revised Code that seeks injunctive relief or an award of damages and that is based on one or more deceptive trade practices listed in division (A) of this section, a complainant need not prove competition between…”
Torrance v. Rom, 2020 Ohio 3971 (Ohio Ct. App. 2020). “” R.C. 4165.03(A)(1)-(2). A plaintiff seeking injunctive relief under R.”
McKinney v. Bayer Corp., 744 F. Supp. 2d 733 (N.D. Ohio 2010). “Under the ODTPA, a person is defined as “an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, limited liability company, two or more of any of the foregoing having a joint common…”
Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63 (Ohio Ct. App. 2019). “{¶7} In its assignment of error, Wooster Floral & Gifts, LLC argues that the trial court erred when it granted judgment in favor of Green Thumb on its claims for injunctive relief and attorney’s fees under Ohio’s Deceptive Trade Practices Act.”
— Ohio Rev. Code § 4165.03(B) — 8 cases
Sky v. Van Der Westhuizen, 2019 Ohio 1960 (Ohio Ct. App. 2019). “02 and R.C. §4165.03 provide two types of action: (1) an action where a person is likely to be damaged and seeks injunctive relief and (2) an action where a person has been injured and seeks damages.”
Goomai v. H&E Ent., L.L.C., 2024 Ohio 5711 (Ohio 2024). “R.C. 4165.03. In this case, a plaintiff pursued a claim for actual damages.”
Wooster Floral & Gifts, L.L.C. v. Green Thumb Floral & Garden Ctr., Inc., 2019 Ohio 63 (Ohio Ct. App. 2019). “{¶7} In its assignment of error, Wooster Floral & Gifts, LLC argues that the trial court erred when it granted judgment in favor of Green Thumb on its claims for injunctive relief and attorney’s fees under Ohio’s Deceptive Trade Practices Act.”
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