Ohio TCPA and telemarketing law
Ohio has its own telemarketing statute with a private right of action.
| Statute | Ohio Rev. Code § 4719.01 et seq.; Ohio Rev. Code § 109.87 | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Yes | ↗ |
| Cure period | Not yet verified |
Ohio's Telephone Solicitation Sales Act (Ohio Rev. Code ch. 4719) requires covered telephone solicitors to register with the Attorney General, post a bond, avoid listed misrepresentations, and not block caller ID. A phone sale is not binding unless the buyer returns a signed written confirmation, unless the seller follows the FTC Telemarketing Sales Rule and offers a 7-day refund. Many businesses are exempt. Separately, § 109.87 makes any violation of the federal TCPA or Telemarketing Sales Rule, including rules on text messages, a violation of Ohio law.
Ohio adds no consent standard of its own beyond the federal rules. A purchaser injured by a chapter 4719 violation can sue for at least the amount paid, plus attorney's fees, and punitive damages for knowing violations. The Attorney General can seek $1,000 to $25,000 per violation under chapter 4719, or $500 ($1,500 if willful) under § 109.87.
Source: Ohio Rev. Code § 4719.01 et seq.; Ohio Rev. Code § 109.87 ↗