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Ohio Attorney General Mike DeWine
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Defendants marketed automobile service contracts to consumers as warranties and represented that the service contracts had qualities and properties which they did not have. It is an unfair and deceptive act or practice in violation of the CSPA for a supplier to: 1) make false claims in advertising and cause consumers to believe such claims are true, 2) represent that service contracts have performance characteristics, accessories, uses, or benefits which they do not have, 3) represent that service contracts are of a particular standard, quality, grade, style, prescription, or model when such was not the truth, 4) represent that service contracts involved warranties when that representation is false, 5) accept substantial payments from consumers for service contracts and fail to deliver the goods or services paid for or return the monies paid in violation of OAC 109:4-3-09(A); or 6) provide inadequate and unfair customer service. It is an unconscionable act or practice in violation of the CSPA for a suppler to: 1) enter into consumer transactions while knowing of the consumer's inability to receive a substantial benefit from the subject of the consumer transaction, 2) enter into consumer transactions on terms which the supplier knows to be substantially one sided in favor of the supplier, or 3) make false or misleading statements regarding the service contracts sold to consumers. Defendants are each ordered to pay a $100,000 ($95,000 suspended) civil penalty and $500 in attorney fees.
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| © 2009 Ohio Attorney General Richard Cordray