OHIO LEGISLATIVE SERVICE COMMISSION
Office of Research Legislative Budget
www.lsc.ohio.gov and Drafting Office
H.B. 537 Bill Analysis
135th General Assembly
Click here for H.B. 537’s Fiscal Note
Version: As Introduced
Primary Sponsors: Reps. Grim and Abdullahi
Effective date:
Carla Napolitano, Attorney
SUMMARY
▪ Prohibits a supplier from advertising, displaying, or offering a price for a good or service
that does not include all mandatory fees and charges.
▪ Makes several exceptions to the general price transparency requirement described
above.
▪ Provides that a violation of the bill is an unconscionable act or practice in connection
with a consumer transaction under the Ohio Consumer Sales Practices Act (CSPA).
DETAILED ANALYSIS
Price transparency requirement
The bill prohibits a supplier from advertising, displaying, or offering a price for a good or
service that does not include all mandatory fees and charges. A violation of the bill’s prohibition
is considered an unconscionable act or practice in connection with a consumer transaction
under the Ohio Consumer Sales Practices Act (CSPA).1 Under continuing law, the CSPA applies
to “consumer transactions,” i.e., the sale or transfer of goods or services to an individual for
primarily personal, family, or household purposes, or solicitation to supply any of those things.2
Exceptions
There are numerous exceptions to the CSPA that would also apply to the bill’s
prohibitions. The exceptions include: public utilities; certain dealers in intangibles; transactions
involving home construction service contracts; transactions between certified accountants,
1 R.C. 1345.023(A) and (E); R.C. 1345.01 to 1345.13, not in the bill.
2 R.C. 1345.01(A), not in the bill.
September 6, 2024
Office of Research and Drafting LSC Legislative Budget Office
attorneys, physicians, or dentists and their clients or patients; and transactions between
veterinarians and their patients that pertain to medical treatment but not to ancillary services.
The bill adds several exceptions that are specific to its price transparency requirements.
For example, transactions involving a loan made under the Short-term Loan Law and
transactions in connection with residential mortgages between loan officers, mortgage brokers,
or nonbank mortgage lenders and their customers are not exempt from the CSPA, but they are
exempt for purposes of the bill’s price transparency provisions (see “Banking and lending
transactions,” below).3
Food delivery platforms and menu prices
The bill specifies that a food delivery platform is not required to include in the menu
price shown to the consumer the fees the supplier charges for providing its services. 4
Tax and delivery fees
Under the bill, certain fees are not required to be disclosed. These include any tax, duty,
fee, or custom levied by a governmental entity. Also, fees covering the cost of the delivery of
goods, the amount of which is based upon the delivery method selected by the consumer, are
not required to be disclosed up front, as long as the supplier discloses the amount of the
delivery fees prior to accepting payment.5
Banking and lending transactions
Several types of banking and lending transactions are also exempt from the bill. These
include any transaction that is regulated by Ohio law that cover banks, credit unions, consumer
loans and lenders, and mortgage lenders, brokers, and servicers and any transaction that is
subject to the following federal laws:
▪ “Truth in Savings Act;”
▪ “Electronic Fund Transfer Act;”
▪ “Truth in Lending Act;”
▪ “Real Estate Settlement Procedures Act;”
▪ “Home Ownership and Equity Protection Act.”6
Internet
The bill’s price transparency requirements do not apply to a supplier providing
broadband internet access service on its own or as part of a bundle.
3 R.C. 1345.023(C)(2) and (3); R.C. 1345.01(A), not in the bill.
4 R.C. 1345.023(D).
5 R.C. 1345.023(B).
6 R.C. 1345.023(C)(2) and (3).
P a g e |2 H.B. 537
As Introduced
Office of Research and Drafting LSC Legislative Budget Office
Motor vehicle sales and leases and air transportation
Lastly, a supplier that advertises a motor vehicle manufacturer’s suggested retail set by
a manufacturer or lease payments based on the manufacturer’s suggested real price and air
transportation provided by air carriers are not subject to the bill’s provisions.
Remedies for a violation of the CSPA
Under continuing law, the Ohio Attorney General has broad authority to enforce the
CSPA, including suing for injunctive relief and civil penalties. Additionally, if a consumer believes
a supplier has committed an unfair, deceptive, or unconscionable act in connection with a
consumer transaction, the consumer may sue to rescind the transaction or to recover the
consumer’s actual economic damages plus an amount not exceeding $5,000 in noneconomic
damages. If the supplier’s violation is an act or practice that has already been declared
deceptive or unconscionable by the Attorney General or by a court, then the consumer may sue
to rescind the transaction or recover three times the amount of the consumer’s actual
economic damages.7
If the consumer sues to rescind the transaction, that must occur within a reasonable
time after the consumer discovers or should have discovered the ground for revocation, and
before any substantial change in condition of the subject of the consumer transaction. If the
consumer sues for damages, that must occur within two years after the CSPA violation (e.g., the
unfair, deceptive, or unconscionable act) or one year after the end of any proceedings by the
Attorney General related to the violation.8
HISTORY
Action Date
Introduced 05-15-24
ANHB0537-IN-135/sb
7 R.C. 1345.09(A) and (B), not in the bill.
8 R.C. 1345.05 to 1345.08, and 1345.10(C), not in the bill.
P a g e |3 H.B. 537
As Introduced