Ohio Code 4719.08 – Prohibited acts
No telephone solicitor shall do any of the following:
Terms Used In Ohio Code 4719.08
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
- state: means the state of Ohio. See Ohio Code 1.59
- United States: includes all the states. See Ohio Code 1.59
(A) Obtain a certificate of registration or registration renewal under section 4719.03 of the Revised Code through any false or fraudulent representation or make any material misrepresentation in any registration or registration renewal application;
(B) Fail to maintain a valid certificate of registration or registration renewal;
(C) Advertise that one is registered as a telephone solicitor or represent that registration as a telephone solicitor constitutes approval or endorsement by any government or governmental office or agency;
(D) Provide inaccurate or incomplete information to the attorney general when making an application for a certificate or certificate renewal;
(E) Misrepresent that a person is registered or that the person has a valid certificate number;
(F) Misrepresent, directly or by implication, any of the following information:
(1) The total costs to purchase, receive, or use, and the quantity of, any goods or services that are the subject of a telephone solicitation;
(2) A material restriction, limitation, or condition to purchase, receive, or use goods or services that are the subject of a telephone solicitation;
(3) A material aspect of the performance, efficacy, nature, or characteristics of goods or services that are the subject of a telephone solicitation;
(4) A material aspect of the nature or terms of the telephone solicitor’s refund, cancellation, exchange, or repurchase policies;
(5) A material aspect of a prize promotion, including, but not limited to, the odds of being able to receive a prize, the nature or value of a prize, or that a purchase or payment of any kind is required to win a prize or to participate in a prize promotion;
(6) A material aspect of an investment opportunity, including, but not limited to, risk, liquidity, earnings potential, or profitability;
(7) The telephone solicitor’s affiliation with, or endorsement by, any government or third-party organization.
(G) Make a false or misleading statement to induce a purchaser to pay for goods or services;
(H) Fail to notify the attorney general within fifteen days if, in a court of competent jurisdiction of this state or any other state or of the United States, the telephone solicitor is convicted of, pleads guilty to, or enters a plea of no contest for a felony, engaging in a pattern of corrupt activity, racketeering, a violation of federal or state securities law, or a theft offense as defined in section 2913.01 of the Revised Code or in similar law of any other state or of the United States;
(I) Intentionally block or intentionally authorize or cause to be blocked the disclosure of the telephone number from which a telephone solicitation is made.