Ohio AG and CFPB Complaint Pack

OHIO AG AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Consumer Information Sheet
2. Subject Company / Respondent Information
3. Narrative Statement of Facts
4. Form A — Ohio AG Consumer Protection Section Complaint
5. Form B — CFPB Complaint
6. Document Inventory
7. Filing Checklist and Tracking Log
8. Coordination with Private Action
9. Ohio Practice Notes
10. Sources and References

1. CONSUMER INFORMATION SHEET

2. SUBJECT COMPANY / RESPONDENT INFORMATION

3. NARRATIVE STATEMENT OF FACTS

3.1. Initial transaction or contact. On or about [__/__/____], [describe how consumer first interacted with company — purchase, account opening, loan application, debt-collection call, etc.].

3.2. Representations made. The company, through [employee name / channel], represented that [specific statements made — written and oral]. [Cite Exhibit __ for written representations.]

3.3. Conduct complained of. Beginning on or about [__/__/____], the company [describe specific conduct: false billing, undisclosed fee, harassing collection calls, refusal to honor warranty, identity-theft-related collection, deceptive advertising, breach of personal information under § 1349.19, etc.].

3.4. Harm suffered. As a result, the consumer suffered [describe — out-of-pocket loss of $___, credit-report damage, hours lost, emotional distress, denial of credit, repossession, etc.].

3.5. Consumer's effort to resolve directly. On [__/__/____], the consumer [describe effort — call to customer service, certified letter, BBB complaint, etc.]. The company [response or non-response].

3.6. Resolution sought. The consumer requests [specific relief — refund of $___, account closure, deletion of credit-report tradeline, written apology and policy correction, equitable injunctive relief, etc.].

4. FORM A — OHIO AG CONSUMER PROTECTION SECTION COMPLAINT

TO:

Ohio Attorney General

Consumer Protection Section

30 East Broad Street, 14th Floor

Columbus, Ohio 43215-3400

Phone: (800) 282-0515 (Ohio toll-free) | (614) 466-4986

Online filing: https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint

Direct portal: https://filecomplaint.ohioattorneygeneral.gov/

RE: Consumer Complaint — Alleged Violation of the Ohio Consumer Sales Practices Act, Ohio Rev. Code § 1345.01 et seq.

To the Consumer Protection Section:

The undersigned consumer respectfully submits this complaint concerning unfair, deceptive, or unconscionable practices by [ENTITY NAME] in violation of the Ohio Consumer Sales Practices Act, Ohio Rev. Code §§ 1345.02 and 1345.03. The facts are stated in Section 3 above and are incorporated here by reference.

4.1. Statutory Provisions Implicated

The conduct described in Section 3 violates, in whole or in part:

☐ Ohio Rev. Code § 1345.02 — Unfair or deceptive acts or practices in connection with a consumer transaction;

☐ Ohio Rev. Code § 1345.03 — Unconscionable acts or practices;

☐ Ohio Rev. Code § 1345.031 — Unconscionable acts in connection with residential mortgage loans;

☐ Ohio Adm. Code 109:4-3-02 — Exclusions and limitations of remedies;

☐ Ohio Adm. Code 109:4-3-05 — Failure to perform repair services;

☐ Ohio Adm. Code 109:4-3-09 — Failure to deliver goods or services within eight weeks;

☐ Ohio Adm. Code 109:4-3-10 — Substantiation of price reductions / advertised price;

☐ Ohio Adm. Code 109:4-3-11 — Debt-collection prohibitions;

☐ Ohio Adm. Code 109:4-3-13 — Home solicitation sales / cancellation rights;

☐ Ohio Adm. Code 109:4-3-16 — Motor-vehicle sales rules;

☐ Ohio Rev. Code § 1349.19 — Personal Information Protection Act (data breach);

☐ Ohio Rev. Code § 1345.21–1345.28 — Home Solicitation Sales Act;

☐ Ohio Rev. Code § 1345.51 et seq. — Telephone Solicitation Sales Act;

☐ Other: [specify].

4.2. Relief Requested from the Section

The undersigned respectfully requests that the Section:

a. Investigate the conduct described herein;

b. Issue an investigative subpoena under Ohio Rev. Code § 1345.06 if appropriate;

c. Pursue enforcement under Ohio Rev. Code § 1345.07, including injunctive relief, civil penalties of up to $25,000 per violation under § 1345.07(D), and consumer restitution and rescission;

d. Where the conduct is shown to be unfair or deceptive, file a declaratory or court order that may be added to the Public Inspection File / Online Public Inspection File ("PIF/OPIF") under § 1345.05(A)(3), thereby providing notice to all suppliers and unlocking § 1345.09(B) treble-damages remedies for future consumers;

e. Coordinate, as appropriate, with the Federal Trade Commission, the Consumer Financial Protection Bureau, and other state attorneys general;

f. Assist in obtaining restitution to the consumer.

4.3. Authorizations

☐ I authorize the Section to send a copy of this complaint and supporting documents to the company complained against and to communicate with the company on my behalf.

☐ I understand the Section does not represent me individually, does not provide legal advice, and cannot guarantee a particular outcome.

☐ I understand that information submitted to the Ohio AG is generally subject to public release under Ohio Rev. Code § 149.43 (Ohio Public Records Act). I have redacted SSN, full credit card numbers, and bank account numbers.

☐ I have or have not previously filed a complaint regarding this matter with [BBB / FTC / CFPB / other agency] — explain: [__________].

☐ A lawsuit is or is not currently pending: [__________].

4.4. Attestation

I declare under penalty of perjury under the laws of the State of Ohio that the foregoing is true and correct.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

5. FORM B — CFPB COMPLAINT

TO:

Consumer Financial Protection Bureau

P.O. Box 2900

Clinton, IA 52733-2900

Online filing: https://www.consumerfinance.gov/complaint/

Phone: (855) 411-CFPB (2372) | TTY/TDD: (855) 729-CFPB (2372)

RE: Consumer Complaint Regarding [Product Type]

5.1. Product / Issue Selection

Select the product category that most closely matches the conduct (CFPB intake taxonomy):

☐ Debt collection

☐ Credit reporting / credit repair / other personal consumer reports

☐ Mortgage

☐ Credit card or prepaid card

☐ Checking or savings account

☐ Vehicle loan or lease

☐ Student loan

☐ Payday loan, title loan, or personal loan

☐ Money transfer, virtual currency, or money service

☐ Other financial service

5.2. Specific Issue (Sub-Issue)

[Describe — e.g., "Attempts to collect debt not owed", "Incorrect information on your report", "Trouble during payment process", etc.]

5.3. Statement of Facts

The facts in Section 3 above are incorporated here by reference.

5.4. Federal Statutes Implicated

☐ Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq.

☐ Fair Credit Reporting Act, 15 U.S.C. § 1681 et seq.

☐ Truth in Lending Act, 15 U.S.C. § 1601 et seq. (Regulation Z)

☐ Real Estate Settlement Procedures Act, 12 U.S.C. § 2601 et seq. (Regulation X)

☐ Equal Credit Opportunity Act, 15 U.S.C. § 1691 et seq. (Regulation B)

☐ Electronic Fund Transfer Act, 15 U.S.C. § 1693 et seq. (Regulation E)

☐ Consumer Financial Protection Act, 12 U.S.C. § 5481 et seq. (UDAAP)

☐ Other: [specify]

5.5. Resolution Requested

[Describe specific outcome — e.g., refund of $___, deletion of fraudulent tradeline, modification of loan, written acknowledgment of error, no further contact, written apology and corrective action]

5.6. Public-Database Consent

☐ I consent to publishing the narrative of my complaint in the CFPB Consumer Complaint Database (with personal identifiers removed).

☐ I do NOT consent.

5.7. Attestation

I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.

[________________________________]

[CONSUMER NAME]

Date: [__/__/____]

6. DOCUMENT INVENTORY

7. FILING CHECKLIST AND TRACKING LOG

8. COORDINATION WITH PRIVATE ACTION

8.1. Regulatory complaints do not toll private limitations periods. A pending Ohio AG investigation or CFPB complaint does not stop the FDCPA one-year clock or the OCSPA two-year clock (Ohio Rev. Code § 1345.10(C)). Counsel must independently calendar all private deadlines.

8.2. Treble-damages predicate. Filing an Ohio AG complaint does NOT itself unlock § 1345.09(B) treble damages or the $200 floor. Treble remedies require a prior OAG rule under § 1345.05(B)(2) or a prior PIF/OPIF decision involving the SAME act or practice. Search the Online Public Inspection File at https://opif.ohioattorneygeneral.gov/ before filing suit and plead the qualifying predicate by case number and date. Without a predicate, recovery is limited to actual economic damages plus up to $5,000 noneconomic, with fees discretionary on a knowing violation under § 1345.09(F).

8.3. AG declaratory action. § 1345.07(B) authorizes the AG to bring an action seeking a declaratory judgment that an act or practice violates § 1345.02 or § 1345.03. A declaratory judgment, once entered and added to the PIF/OPIF, becomes a future treble-damages predicate. Counsel may request that the AG seek such a declaration as part of the relief in the consumer's complaint.

8.4. Use of company responses. Responses obtained through the CFPB portal or Ohio AG referral are useful evidence in any subsequent litigation, particularly to demonstrate "knowing" conduct under § 1345.09(F)(2) and to defeat any later claim of lack of notice.

8.5. Mandatory arbitration risk. Many consumer-finance contracts contain pre-dispute mandatory arbitration clauses. CFPB and AG complaints are not "claims in court" and generally do not waive or trigger arbitration provisions, but private litigation may. Counsel should review the underlying contract before filing suit.

8.6. Cure-offer regime. § 1345.092 lets a supplier deliver a written "cure offer" within 30 days after service of process. A rejected cure offer that proves equal to or greater than the verdict caps recovery and forfeits treble damages, costs, and attorney's fees incurred after rejection. Evaluate any cure offer carefully.

9. OHIO PRACTICE NOTES

• Office address. The Ohio Attorney General Consumer Protection Section is located at 30 East Broad Street, 14th Floor, Columbus, Ohio 43215-3400. The Section is part of the Ohio Department of Law (Ohio Attorney General's Office).
• Telephone. Statewide consumer helpline (Ohio toll-free): (800) 282-0515. Local/business: (614) 466-4986. Hours generally 8:00 a.m.–5:00 p.m. Monday–Friday.
• Online filing. Use the AG's online complaint portal (https://filecomplaint.ohioattorneygeneral.gov/) for fastest intake. The AG also offers a Consumer Complaint Summary search tool (complaintsummary.ohioattorneygeneral.gov) so consumers can review prior complaints against a business.
• Public records. Ohio's Public Records Act (Ohio Rev. Code § 149.43) makes most submissions to the AG publicly available on request. REDACT SSN, full credit-card numbers, full bank account numbers, and similar sensitive data before filing. The AG's published guidance specifically requests this.
• AG enforcement powers. Under § 1345.06, the AG may issue subpoenas, take testimony under oath, and obtain documents. Under § 1345.07, the AG may file civil actions for: (i) declaratory judgment, (ii) injunctive relief, (iii) consumer restitution, (iv) civil penalties up to $25,000 per intentional violation under § 1345.07(D)(2), and (v) civil forfeiture of profits. Successful AG actions may be deposited in the PIF/OPIF, building the treble-damages predicate library.
• Cross-references. Industry-specific complaints may be more efficiently routed to:
• Ohio Department of Commerce, Division of Financial Institutions (state-chartered banks, mortgage loan originators, consumer-finance lenders, payday/short-term lenders): https://com.ohio.gov/divisions-and-programs/financial-institutions
• Ohio Department of Insurance: https://insurance.ohio.gov
• Public Utilities Commission of Ohio (PUCO) (utilities, telecom): https://puco.ohio.gov
• Ohio Department of Commerce, Division of Securities: https://com.ohio.gov/divisions-and-programs/securities
• Ohio Bureau of Motor Vehicles (auto title fraud): https://bmv.ohio.gov
• CFPB scope. CFPB jurisdiction covers banks, debt collectors, credit reporting agencies, mortgage companies, payday/installment lenders, money-service businesses, prepaid cards, and most consumer-finance providers, but generally NOT non-financial merchants or auto-dealer financing originated by a franchised dealer (carved out by Dodd-Frank § 1029).
• Whistleblower / pattern complaints. If the consumer's experience appears to reflect a broader pattern (multiple complainants, scripted misconduct, systemic billing errors), counsel should consider concurrent filings with the FTC (at ReportFraud.ftc.gov) and outreach to the Ohio AG's Charitable Law Section (if charity-related) or to a class-action firm.
• Elder priority. Ohio Rev. Code § 1345.01(I) defines "elderly person" as 60 years of age or older; § 1345.07 authorizes the AG to seek enhanced civil penalties up to $25,000 per violation against suppliers who target elders. Mark elder cases prominently on the complaint form.
• Data-breach overlay. If the underlying conduct involves a data breach affecting Ohio residents' personal information, cite Ohio Rev. Code § 1349.19 (45-day notification window) and consider § 1349.192 referral. The AG can pursue civil penalties up to $10,000/day for the first 60 days and $50,000/day thereafter.

10. SOURCES AND REFERENCES

• Ohio Attorney General Consumer Protection — https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers
• Ohio AG file a complaint — https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers/File-A-Complaint
• Ohio AG online complaint portal — https://filecomplaint.ohioattorneygeneral.gov/
• Ohio AG Consumer Complaint Summary search — https://complaintsummary.ohioattorneygeneral.gov/
• Ohio AG Online Public Inspection File (OPIF) — https://opif.ohioattorneygeneral.gov/
• Ohio Rev. Code § 1345.01 et seq. (OCSPA) — https://codes.ohio.gov/ohio-revised-code/chapter-1345
• Ohio Rev. Code § 1345.02 — https://codes.ohio.gov/ohio-revised-code/section-1345.02
• Ohio Rev. Code § 1345.03 — https://codes.ohio.gov/ohio-revised-code/section-1345.03
• Ohio Rev. Code § 1345.05 (AG rules; PIF) — https://codes.ohio.gov/ohio-revised-code/section-1345.05
• Ohio Rev. Code § 1345.06 (Investigative subpoena) — https://codes.ohio.gov/ohio-revised-code/section-1345.06
• Ohio Rev. Code § 1345.07 (AG enforcement) — https://codes.ohio.gov/ohio-revised-code/section-1345.07
• Ohio Rev. Code § 1345.09 (Private remedies) — https://codes.ohio.gov/ohio-revised-code/section-1345.09
• Ohio Rev. Code § 1349.19 (PIPA / breach notification) — https://codes.ohio.gov/ohio-revised-code/section-1349.19
• Ohio Adm. Code 109:4-3 (OAG consumer rules) — https://codes.ohio.gov/ohio-administrative-code/chapter-109:4-3
• Ohio Public Records Act, Ohio Rev. Code § 149.43 — https://codes.ohio.gov/ohio-revised-code/section-149.43
• CFPB consumer complaint portal — https://www.consumerfinance.gov/complaint/
• CFPB complaint database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• FTC ReportFraud — https://reportfraud.ftc.gov
• 15 U.S.C. § 1692 et seq. (FDCPA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-V
• 15 U.S.C. § 1681 et seq. (FCRA) — https://www.law.cornell.edu/uscode/text/15/chapter-41/subchapter-III
• 12 U.S.C. § 5481 et seq. (CFPA / Dodd-Frank) — https://www.law.cornell.edu/uscode/text/12/chapter-53/subchapter-V

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. Filing a regulatory complaint does not toll private limitations periods and does not, by itself, satisfy the prior-rule or PIF/OPIF predicate required for treble damages under Ohio Rev. Code § 1345.09(B). An attorney licensed in Ohio must review and customize this document before use. Laws, citations, and court rules change frequently; verify all authorities before use.