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Ohio Attorney General Mike DeWine
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Supplier offers tragedy and crime scene clean up services to Ohio consumers. Supplier's agreements contain numerous violations of the CSPA and HSSA. Supplier agrees to not engage in unfair and deceptive acts and practices that violate the CSPA, including but not limited to: 1) failing to provide consumers with a choice of estimates and failing to contact consumers for authorization when the cost of repairs or services will exceed the original estimate by ten percent or more; 2) failing to provide consumers, prior to commencing any work, with a form indicating the date, the identity of the supplier, the consumer's name and telephone number, the reasonably anticipated completion date, and, if requested by the consumer, the anticipated cost of the repair or service; 3) making performance of services contingent on or requiring consumers to waive their right to an estimate or any other rights and requirements set forth in OAC 109:4-3-05; 4) limiting the statute of limitations to one year; 5) requiring consumers to waive their consumer protection rights; 6) failing to comply with the Home Solicitation Sales Act, including but not limited to, the three day right to cancel; 7) failing to provide consumers with the proper emergency exemption as required by R.C. 1345.21(A)(5); 8) failing to provide consumers with a notice of the three day right to cancel clearly and conspicuously on the top of the consumer's contract; 9) failing to provide consumers with a pre-completed, easily detachable, notice of cancellation form in duplicate as required by R.C. 1345.23(B)(2); 10) requiring consumers to waive any rights to which they are entitled under R.C. 1345.21 through R.C. 1345.28. Supplier to pay $15,000 ($5,000 suspended) in attorney fees and investigative costs.
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| © 2009 Ohio Attorney General Richard Cordray