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Ohio Attorney General Mike DeWine
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In granting Plaintiff's motion for partial summary judgment, the Court found that Defendants violated the Retail Installment Sales Act by: 1) repossessing automobiles before payments were due or consumers were in default of the contracts; 2) entering into retail installment contracts and failing to include the date of each payment necessary to pay the time balance of the total amount due; and 3) repossessing used motor vehicles for non-payment even though the retail installment contracts failed to include any language notifying consumers of the date of each payment necessary to pay the time balance of the total amount due under the contract. Defendants' violations of RISA constitute unfair and deceptive acts and practices in violation of the CSPA. Defendants committed unfair and deceptive acts and practices in violation of the CSPA by: 1) failing to provide, at the time of the initial deposit, dated written receipts stating clearly and conspicuously the time during which the option to purchase the used motor vehicle was binding and whether the deposit was refundable and under what circumstances; 2) delivering a motor vehicle to a consumer pursuant to a sale which is contingent upon financing without a written agreement stating the parties' obligations should such financing not be obtained; and 3) failing to provide true and complete odometer disclosures, pursuant to R.C. 4505.06.
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