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When A Business Rips You Off

ORC 1345.09 — what a consumer may recover, and the file that trebles it

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Ohio has a consumer statute with real teeth in it, and the part almost nobody uses is the part that multiplies the number by three. It covers unfair or deceptive acts and unconscionable acts in a consumer transaction, which reaches most of what a person means by being ripped off by a business.

RouteWhat the section allows
RescindUndo the transaction
DamagesActual economic damages, plus up to $5,000 in noneconomic damages
Trebled damagesThree times actual economic damages, or $200, whichever is greater, plus up to $5,000 noneconomic. Not available in a class action
Other reliefA declaratory judgment, an injunction, or other appropriate relief
Trebling turns on whether the business was already on notice. The multiplier is not for every violation. It applies where the practice had already been declared deceptive or unconscionable by an adopted rule before the transaction, or where an Ohio court had already determined that specific practice unlawful and that decision had been made available for public inspection. The attorney general keeps that file, and it is online. A practice already sitting in it is a practice a business cannot claim it did not know about, and that is what unlocks the three.

There is a clock. An action has to be brought within two years of the violation, or within one year after the attorney general's proceedings about that violation end, whichever of the two is later.

The fee provision runs in both directions. A court may award reasonable attorney fees to the prevailing party, and prevailing party does not only mean the consumer. A supplier who wins can ask the court to order the consumer to pay its fees. The award is discretionary rather than automatic either way, and a cure offer made by the supplier can affect what is awarded. This is the part of the chapter that is not in the consumer's favour and it belongs on the same page as the part that is.

A complaint to the attorney general and a private action are different things and they do not substitute for each other. The office's proceedings are how practices get into the public inspection file in the first place, which is what later consumers rely on to treble their own damages against the same conduct.

Is this practice already in the attorney general's public inspection file.

Whether a particular dealing is a consumer transaction, whether a business is a supplier under the chapter, and whether a practice matches something already in the file are the questions these cases turn on, and they are for a licensed Ohio attorney. Some transactions, including many involving real estate and certain regulated professions, sit outside this chapter. Because the fee provision can run against a consumer who loses, the decision to file is not a small one. Legal aid offices across the state handle consumer cases and many private consumer attorneys work on a contingency.

Sources for this section (7)
  1. ORC 1345.09What a consumer may recover, including when damages are trebled
  2. ORC 1345.02Unfair or deceptive acts and practices in a consumer transaction
  3. Online Public Inspection FileOhio Attorney General, the decisions and rules that put a supplier on notice a practice is unlawful
  4. ORC 1345.03Unconscionable acts and practices in a consumer transaction
  5. ORC 1345.05The attorney general's duties, including the file of decisions open to public inspection
  6. ORC 1345.10The two years a consumer sales practices action has to be brought in
  7. ORC 1345.092The cure offer, and what it does to a fee award

Legal information, not legal advice. Verified as of September 2026. Talk to a licensed Ohio attorney about your situation.

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