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Ohio Attorney General Mike DeWine
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Plaintiff brought suit based upon commercials and infomercials offering Defendants' goods and services which offered a "free" computer learning tutorial. Plaintiff alleged that the commercials and infomercials violated the CSPA by representing that the tutorials were free when, in fact, they were not. Plaintiff alleged that each commercial violated the CSPA in numerous ways, that he had viewed nine advertisements a total of 504 times, and was entitled to $200 in statutory damages for each violation in each viewing. The Court found that where multiple violations arise from the same act or if the violations are so similar that only one violation can be found, then a consumer is limited to one recovery per act. The Court also found that Plaintiff would be entitled to damages for only one viewing of each of the nine advertisements; that allowing recovery for each of the 504 viewings would amount to a personal windfall for the Plaintiff which would be inconsistent with the purposes of the CSPA. The Court found that, as Plaintiff could potentially recover only $1,800 in damages, Plaintiff failed to meet the requirement for federal diversity jurisdiction and dismissed.
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| © 2009 Ohio Attorney General Richard Cordray