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CROSS REFERENCES

Unfair trade practices prohibited, CO 643.02

Definitions for prescription drug prices, CO 645.01

Unit pricing definitions, CO 647.01

641.01     Short Title

This Title Three shall be known and may be cited as the Cleveland Consumer Protection Code, and the term "this Code," wherever used herein, means the Cleveland Consumer Protection Code.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.02     Appliances

"Appliances" means any device or instrument operated by electricity, gas or otherwise, and designed for personal, family or household use. Appliance includes but is not limited to vacuum cleaners, televisions, tape recorders, radios, record players or any other consumer equipment.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.03     Consumer

"Consumer" means a person who seeks or acquires real or personal property, goods or services primarily for personal, family or household purposes.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.031     Consumer Transaction

"Consumer transaction" means a sale, lease, assignment, award by chance, or other transfer of an item of goods, a service, a franchise, or an intangible, to an individual for purposes that are primarily personal, family, or household, or solicitation to supply any of these things. "Consumer transaction" does not include transactions between persons, defined in section 4905.03 of the Ohio Revised Code, and their customers; transactions between certified public accountants or public accountants and their clients; transactions between attorneys, physicians, or dentists and their clients or patients; and transactions between veterinarians and their patients that pertain to medical treatment but not ancillary services. "Consumer transaction" also does not include transactions between persons, defined in 5725.01 of the Ohio Revised Code, including FDIC insured depository institutions and their operating subsidiaries, and their customers unless otherwise provided by federal or state law, statute, or rule.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

641.04     Consumers Council

"Consumers Council" means the seven member advisory board whose sole function is to aid and assist the Director of Consumer Affairs in effectively protecting the consumer public in the City.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.05     Director

"Director" means the Director of the Office of Consumer Affairs, wherever used in this Code, unless specifically defined otherwise.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.06     Goods

"Goods" means all movable things, wares, materials, merchandise, and fixtures whether or not in existence at the time of the transaction except money, securities and chattel paper, but including merchandise certificates.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

641.07     Merchant

"Merchant" means a person who regularly deals in real or personal property, goods or services in a manner which results or is intended to result in consumer transactions. Merchant includes but is not limited to a seller, lessor, manufacturer, his assigns or successors. Merchant includes all other persons who are responsible for any act or practice prohibited by this Code.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.08     Person

"Person" means any individual, partnership, partner, firm, company, corporation, association, joint stock company, trust, estate, governmental entity or any other legal entity, or their legal representatives, agents, assigns, employees or successors.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.09     Services

"Services" means and includes, but is not limited to, work, labor, consumer transactions privileges and all other accommodations which are primarily for personal, family or household purposes.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

641.10     Transaction

"Transaction" means any oral or written agreement, sale or bargain entered into or intended to be entered into between a merchant and one or more consumers, whether or not it is a contract enforceable at law.
(Ord. No. 729-72. Passed 6-26-72, eff. 6-29-72)

641.11     Unfair or Deceptive Trade Practices

Unfair or deceptive trade practices are hereby declared to be unlawful and prohibited. "Unfair or deceptive trade practices" means any act, omission or practice undertaken by a merchant which is false, deceptive, fraudulent or misleading and results in or is intended to result in a consumer transaction. Unfair or deceptive trade practices include but are not limited to the following:

(a) Passing off goods or services as those of another;

(b) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, approval or certification of goods or services;

(c) Causing likelihood of confusion or of misunderstanding as to affiliation, connection or association with, or certification by another;

(d) Using deceptive representations or designations of geographic origin in connection with goods or services;

(e) Representing that goods or services have sponsorship, approval, characteristics, ingredients, uses, benefits or quantities that they do not have or that a person has a sponsorship, approval, status, affiliation or connection that he does not have;

(f) Representing that goods are original or new if they are deteriorated, altered, reconditioned, reclaimed, used or second-hand;

(g) Representing that goods or services are of a particular standard, quality or grade, or that goods are of a particular style or model, if they are of another;

(h) Disparaging the goods, services or business of another by false or misleading representation of fact;

(i) Advertising goods or services with intent not to sell them as advertised;

(j) Advertising goods or services with intent not to supply reasonably expectable public demand unless the advertisement discloses a limitation of quantity;

(k) Making false or misleading statements of fact concerning reasons for, existence of or amounts of price reductions;

(l) Representing that the consumer transaction confers or involves rights, remedies or obligations that it does not have or involve or which are prohibited by law;

(m) Representing that a part, replacement or repair service is needed when it is not;

(n) Representing that the subject of a consumer transaction has been supplied in accordance with a previous representation when it is not;

(o) Causing likelihood of confusion or of misunderstanding with respect to the authority of a salesman, representative or agent to negotiate the final terms of a transaction with a consumer;

(p) Making false or misleading statements relating to determining the value of real property or manufactured homes in a consumer transaction;

(q) Engaging in any other act or practice which similarly creates a likelihood of deceiving or misleading the consumer;

(r) Definitions and specifications of unfair or deceptive trade practices contained in rules and regulations promulgated by the Director.

(s) Any act, omission, or practice inconsistent with laws of the State of Ohio, federal law, and rules and regulations promulgated under either State or federal law, and decisions of the Federal Trade Commission, and Federal and State courts, relating to consumer protection.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)

641.12     Unconscionable Trade Practices

Unconscionable trade practices are hereby declared to be unlawful and prohibited. "Unconscionable trade practices" means any act, omission or practice undertaken by a merchant which unfairly takes advantage of the lack of knowledge, ability, experience or capacity of a consumer; or results in a gross disparity between the value received by a consumer and the price paid, to the consumer's detriment. "Unconscionable trade practices" shall also mean any act or practice declared unconscionable by statute, by regulation, by decision of a judicial body or administrative body in the State of Ohio, or by a rule or regulation promulgated by the regulation promulgated by the Director. In promulgating such rules and regulations the Director shall consider among other factors:

(a) Knowledge by merchants engaging in the act or practice of the inability of consumers to receive properly anticipated benefits from the goods or services involved;

(b) Gross disparity between the price of goods or services and their value measured by the price at which similar goods or services are readily obtained by other consumers;

(c) The fact that the acts or practices may enable merchants to take advantage of the inability of consumers reasonably to protect their interests by reason of physical or mental infirmities, illiteracy or inability to understand the language of the agreement, ignorance or lack of education, or similar factors;

(d) The degree to which terms of the transaction require consumers to waive legal rights;

(e) The degree to which terms of the transaction require consumers to jeopardize money or property beyond the money or property immediately at issue in the transaction; and

(f) Definitions of unconscionability in statutes, regulations, rulings and decisions of legislative, administrative or judicial bodies in this State or elsewhere.
(Ord. No. 1345-01. Passed 12-10-01, eff. 12-19-01 without the signature of the Mayor)