About the Ohio Deceptive Trade Practices Act
- Under Ohio Code Section 4165.02, a person engages in deceptive trade practices by passing off goods or services as those of another, or causes the likelihood of confusion or misunderstanding about the source or quality of goods. This prohibits businesses or individuals from making claims of the origin of goods and the affiliation or certification of goods.
- Under Ohio Code Section 4165.02, a person or business is prohibited from making misrepresentations of the characteristics, ingredients, uses, benefits or quantities of goods and services. A person or business is also prohibited from advertising goods or services with the intention of not selling them, or selling them at prices other than advertised.
- Under Ohio Code Section 4165.02, a person or business is prohibited from using a fictitious business name, address, or telephone number. Ohio also prohibits the publication of false information about the type of business, address or telephone number in a public database or directory assistance.
- Under Ohio Code Section 4165.03, someone who has or is likely to be harmed may commence a civil action for injunctive relief to prevent the business from continuing its practice. The injured party may seek damages and attorney's fees from the person or business who commits deceptive trade practices. Attorney's fees will only be granted when the court finds that the person or business willfully and intentionally engaged in deceptive trade practices.
- Under Ohio Code Section 4165.04, the deceptive trade practices provisions do not apply to conduct that is in compliance with orders or rules of federal, state or local government agencies. Publishers or broadcasters who unknowingly disseminate information about businesses or individuals who engage in deceptive practices are not liable for the deceptive nature of the information.
Confusion
Misrepresentation
Fictitious Business or Name
Relief
Exceptions
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