Consumer Protection UDAP Demand Letter — Ohio

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OHIO CONSUMER PROTECTION UDAP DEMAND LETTER

(Ohio Consumer Sales Practices Act, R.C. § 1345.01 et seq.)

Quick-Reference Summary

Sender Letterhead

[ATTORNEY OR FIRM NAME]
[STREET ADDRESS]
[CITY], OH [ZIP]
Phone: [____________]
Email: [____________]
Ohio Supreme Court No.: [____________]

Date and Recipient

Date: [__/__/____]

Sent Via:
☐ U.S. Certified Mail, Return Receipt Requested (Tracking No. [____________])
☐ Email to [____________]
☐ Hand Delivery / Process Server
☐ FedEx / UPS Overnight (Tracking No. [____________])

To:
[SUPPLIER LEGAL NAME], a [corporation / LLC / sole proprietor]
Attn: [Registered Agent / Statutory Agent / Officer]
[STREET ADDRESS]
[CITY], [STATE] [ZIP]

Subject Line / Re: Block

RE: Demand for Relief Under the Ohio Consumer Sales Practices Act, R.C. § 1345.01 et seq., and the Ohio Deceptive Trade Practices Act, R.C. § 4165.01 et seq.

Consumer: [____________]
Consumer Transaction Date: [__/__/____]
Transaction / Invoice No.: [____________]
Approximate Amount in Controversy: $[____________]

I. Parties

A. Consumer

[CONSUMER NAME] ("Consumer") is a natural person residing at [ADDRESS], [City], Ohio [ZIP]. Consumer is a "consumer" within the meaning of R.C. § 1345.01(D), having engaged in a "consumer transaction" for purposes that are primarily personal, family, or household.

B. Supplier

[SUPPLIER LEGAL NAME] ("Supplier") is a [corporation / LLC / partnership / sole proprietor] organized under the laws of [STATE], with a principal place of business at [ADDRESS]. Supplier is a "supplier" within the meaning of R.C. § 1345.01(C), engaged in the business of effecting or soliciting consumer transactions in Ohio.

II. Factual Background

A. The Consumer Transaction

On or about [__/__/____], Consumer entered into a consumer transaction with Supplier:

• Goods/Services: [____________]
• Location: [____________]
• Price/Consideration: $[____________]
• Payment method: [____________]
• Contract/Invoice No.: [____________]
• Warranty/Service Plan: [____________]

B. Representations and Conduct

Supplier made the following representations to Consumer (orally, in writing, in advertising, or through online platforms):

1. [____________]
2. [____________]
3. [____________]

C. Deceptive / Unconscionable Acts or Practices

Supplier's conduct was deceptive under R.C. § 1345.02 and/or unconscionable under R.C. § 1345.03 because:

1. Representation/Conduct: [____________]
   Truth/Reality: [____________]

2. Representation/Conduct: [____________]
   Truth/Reality: [____________]

D. Timeline

E. Prior Resolution Attempts

☐ Consumer contacted Supplier on [__/__/____]; response: [____________]
☐ Consumer filed complaint with Ohio AG Consumer Protection Section on [__/__/____]
☐ BBB / other complaint filed: [____________]
☐ No prior contact

III. Statutory Demand

A. Ohio Consumer Sales Practices Act, R.C. § 1345.02 and § 1345.03

R.C. § 1345.02(A) provides: "No supplier shall commit an unfair or deceptive act or practice in connection with a consumer transaction." R.C. § 1345.03(A) further prohibits unconscionable acts or practices.

B. Specific Violations Alleged

☐ Misrepresentation that the subject of the transaction has sponsorship, approval, performance characteristics, accessories, uses, or benefits it does not have — R.C. § 1345.02(B)(1)
☐ Misrepresentation that the subject is of a particular standard, quality, grade, style, prescription, or model when it is not — R.C. § 1345.02(B)(2)
☐ Misrepresentation that the subject is new, or unused, when it is not — R.C. § 1345.02(B)(3)
☐ Misrepresentation that the subject is available to the consumer for a reason that does not exist — R.C. § 1345.02(B)(4)
☐ Misrepresentation that the subject has been supplied in accordance with a previous representation — R.C. § 1345.02(B)(5)
☐ Misrepresentation that a specific price advantage exists — R.C. § 1345.02(B)(8)
☐ Misrepresentation about the necessity of replacement or repair — R.C. § 1345.02(B)(10)
☐ Unconscionable act with knowledge of consumer's inability to receive substantial benefit, gross disparity in price/value, or supplier knew of unconscionable terms — R.C. § 1345.03(B)
☐ Violation of an AG Substantive Rule, OAC § 109:4-3-[___]: [____________]
☐ Conduct previously determined deceptive in a court decision available in the Ohio AG's PIF: [Case name and PIF ID: ____________]
☐ Other: [____________]

C. Cure Demanded

Consumer demands that, within thirty (30) days of receipt of this letter, Supplier:

1. ☐ Rescind the transaction and refund $[____________] (full purchase price);
2. ☐ Pay Consumer's actual economic damages of $[____________];
3. ☐ Replace / repair / re-perform: [____________];
4. ☐ Correct adverse credit reporting attributable to the transaction;
5. ☐ Cease and desist the deceptive/unconscionable practices identified above;
6. ☐ Reimburse attorney's fees and costs incurred to date of $[____________];
7. ☐ Other: [____________].

IV. Damages and Remedies If Not Cured

If Supplier fails to cure, Consumer will seek all available remedies, including:

Estimated total exposure if litigation is filed:

Consumer also reserves the right to file complaints with the Ohio Attorney General Consumer Protection Section, the CFPB, the FTC, and the BBB.

V. Litigation Hold / Evidence Preservation Notice

Supplier is hereby placed on notice of its duty to preserve all evidence relevant to the practices described above and the consumer transaction at issue, including:

• All contracts, invoices, receipts, order confirmations, financing documents, and account records concerning Consumer;
• All advertising, marketing, promotional, sales-script, and training materials referencing the goods/services at issue;
• All internal and external communications (emails, text messages, chat logs, voicemails, recorded calls) relating to Consumer or the practices at issue;
• All consumer complaint files, BBB correspondence, Ohio AG complaints, and refund/return/chargeback records;
• All ESI in any form, including metadata, system backups, and cloud-hosted data;
• All policies, procedures, scripts, and quality-control records relating to the conduct at issue.

Supplier must immediately suspend any document retention/destruction schedules or automated overwrites that would result in the loss of relevant evidence. Spoliation may give rise to sanctions and independent claims under Ohio law. Smith v. Howard Johnson Co., Inc., 67 Ohio St. 3d 28 (1993).

VI. Response Deadline and Method

Supplier's written response is due no later than [__/__/____] (30 days from delivery of this letter).

Direct responses to:

[ATTORNEY NAME]
[FIRM NAME]
[ADDRESS]
Email: [____________]
Phone: [____________]

Acceptable formats: written letter via U.S. Mail; signed PDF via email; counsel's written appearance.

If Supplier fails to respond, fails to make a substantive cure offer, or makes an unreasonable counter-offer, Consumer will, without further notice, file suit in the [____________] County Court of Common Pleas (or Municipal Court if appropriate by amount) or U.S. District Court for the [Northern/Southern] District of Ohio where federal jurisdiction exists.

All rights, claims, and remedies are expressly reserved.

Signature Block

Respectfully,

_______________________________
[ATTORNEY NAME]
[FIRM NAME]
[ADDRESS]
Phone: [____________]
Email: [____________]
Ohio Supreme Court No.: [____________]
Attorney for [CONSUMER NAME]

Enclosures:
☐ Copy of contract / invoice / receipt
☐ Copies of advertising / marketing material relied upon
☐ Photographs or evidence of defect/condition
☐ Prior correspondence with Supplier
☐ Citations to applicable OAC 109:4-3 rules or AG PIF cases
☐ Other: [____________]

Pre-Send Checklist

☐ Verified Supplier's legal name and statutory agent via Ohio Secretary of State Business Search
☐ Confirmed Consumer meets "consumer" definition (R.C. § 1345.01(D)) — primarily personal, family, or household purpose
☐ Confirmed Supplier meets "supplier" definition (R.C. § 1345.01(C))
☐ Verified CSPA 2-year SOL has not run (R.C. § 1345.10(C))
☐ Identified at least one OAC 109:4-3 substantive rule and/or PIF case applicable to support treble-damages claim under R.C. § 1345.09(B)
☐ Identified specific deceptive acts under § 1345.02 and/or unconscionable acts under § 1345.03
☐ Quantified actual economic damages with supporting documentation
☐ Considered companion claims (Magnuson-Moss, FDCPA, TILA, breach of contract, common-law fraud)
☐ Calendared 30-day cure deadline
☐ Calendared SOL deadline
☐ Issued litigation hold to Supplier
☐ Issued litigation hold to Consumer
☐ Counseled Consumer regarding § 1345.092 supplier cure-offer mechanics
☐ Removed all guidance comments
☐ Retained signed file copy

Sources and References

• Ohio Consumer Sales Practices Act, R.C. Chapter 1345: https://codes.ohio.gov/ohio-revised-code/chapter-1345
• R.C. § 1345.09 (private remedies): https://codes.ohio.gov/ohio-revised-code/section-1345.09
• R.C. § 1345.092 (supplier's right to cure): https://codes.ohio.gov/ohio-revised-code/section-1345.092
• R.C. § 1345.10 (statute of limitations): https://codes.ohio.gov/ohio-revised-code/section-1345.10
• Ohio Administrative Code 109:4-3 (AG Substantive Rules): https://codes.ohio.gov/ohio-administrative-code/chapter-109:4-3
• Ohio Attorney General Public Inspection File (PIF): https://www.ohioattorneygeneral.gov/Business/Services-for-Business/Consumer-Sales-Practices-Act/Public-Inspection-File
• Ohio AG Consumer Protection Section: https://www.ohioattorneygeneral.gov/Individuals-and-Families/Consumers
• Ohio Deceptive Trade Practices Act, R.C. Ch. 4165: https://codes.ohio.gov/ohio-revised-code/chapter-4165
• Ohio Secretary of State Business Search: https://businesssearch.ohiosos.gov/