No credit services organization, salesperson, agent, or representative of a credit services organization, or independent contractor that sells or attempts to sell the services of a credit services organization shall do any of the following:
Terms Used In Ohio Code 4712.07
- Contract: A legal written agreement that becomes binding when signed.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Person: includes an individual, corporation, business trust, estate, trust, partnership, and association. See Ohio Code 1.59
- state: means the state of Ohio. See Ohio Code 1.59
(A) Charge or receive directly or indirectly from a buyer money or other consideration readily convertible into money until all services the organization has agreed to perform for the buyer are completed within the time periods described in division (A)(3) of section 4712.05 of the Revised Code.
(B) Charge or receive directly or indirectly from a buyer money or other consideration readily convertible into money for the referral of the buyer to a person that makes an extension of credit or to a consumer reporting agency, except when credit has actually been extended as a result of that referral;
(C) Make or use a false or misleading representation in the offer or sale of the services of the organization, including either of the following:
(1) Guarantying or otherwise stating that the organization is able to delete an adverse credit history, unless the representation clearly discloses that this can be done only if the credit history is inaccurate or obsolete;
(2) Guarantying or otherwise stating that the organization is able to obtain an extension of credit regardless of the buyer’s previous credit problems or credit history, unless the representation clearly discloses the eligibility requirements for obtaining an extension of credit.
(D) Engage, directly or indirectly, in an unconscionable, unfair, or deceptive act or practice, as those terms are used and defined in Chapter 1345 of the Revised Code, in connection with the offer or sale of the services of a credit services organization;
(E)(1) Make or advise a buyer to make a false or misleading statement concerning the buyer’s creditworthiness, identification, credit standing, or credit capacity to any of the following:
(a) A consumer reporting agency;
(b) A person that has made an extension of credit to the buyer;
(c) A person to which the buyer is applying for an extension of credit.
(2) Division (E)(1) of this section applies to any statement that the organization, salesperson, agent, representative, or independent contractor knows or should know to be false or misleading through the exercise of reasonable care.
(F) Advertise or cause to be advertised, in any manner, the services of a credit services organization without being registered with the division of financial institutions;
(G) Fail to maintain a statutory agent as required under division (E) of section 4712.02 of the Revised Code;
(H) Transfer or assign a certificate of registration issued by the division pursuant to section 4712.02 of the Revised Code;
(I) Submit the buyer’s disputes to a consumer reporting agency without the buyer’s knowledge as evidenced by positive identification, including the buyer’s correct current residence address, and written authorization personally signed by the buyer;
(J) Fail to maintain, for a period of time as determined by the superintendent of financial institutions, all of the following:
(1) A log of all contracts;
(2) Copies of each contract;
(3) Documentation that substantiates the validity of the representation made pursuant to division (A)(5) of section 4712.05 of the Revised Code;
(4) Any other record specified by the superintendent.
(K) Contact a consumer reporting agency, by telephone or otherwise, for the purpose of submitting or obtaining information relative to any buyer, and state or imply that he or she is the buyer or the buyer’s attorney, guardian, or other legal representative;
(L) Engage, directly or indirectly, in any fraudulent or deceptive act, practice, or course of business in connection with the offer or sale of the services of a credit services organization.