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Ohio Government Actions

August 25, 2011

Government Actions

On September 30, 2010 Ohio Attorney General Richard Cordray reached an agreement with Aftermath, Inc. to curb alleged unfair and deceptive tactics used by Aftermath.

Cordray alleged Aftermath engaged in acts and practice that violate the Consumer Sales Practice Act and the Repairs or Services Rule of Ohio. Cordray alleges that Aftermath fails to provide consumers with an estimate and/or fails to contact the consumer to obtain authorization when the cost of repairs or service will amount to ten percent or more of the estimate. Furthermore, Cordray alleges that Aftermath fails to provide the consumer with a form that indicates the date, the identity of the supplier, the consumer’s name and telephone number, the reasonably anticipated completion date and, the right to a choice of estimate before the commencement of any repair or service. Allegedly Aftermath limits the statute of limitations from two years to one year, requires the consumer to waive their consumer protection rights. Cordray also claims that Aftermath fails to provide the consumer with the proper emergency exemption, which must include a separate handwritten, dated, and signed statement from the buyer describing the situation that requires an immediate remedy and expressly acknowledging and waiving the right to cancel the sale within 3 days.

Cordray alleges that Aftermath fails to provide the consumer with the three day right to cancel by failing to provide the consumer with a notice of the three-day right to cancel clearly and conspicuously on the top of the consumer’s contract. Finally, Cordray alleges that Aftermath fails to provide the consumer with a pre-completed, easily detachable notice of cancellation form, in duplicate, that contains the language specified by the Consumers Sales Practices Act, and they require the consumer to waive any rights to which the buyer is entitled under the Consumers Sales Practices Act.

In an Assurance of Voluntary Compliance with Cordray, Aftermath has agreed to conduct its business in compliance with all applicable Ohio laws, including without limitation, the Ohio Consumer Sales Practices Act and the Home Solicitation Act.

As part of the agreement, Aftermath agreed to pay the Office of the Ohio Attorney General $15,000 for attorneys fees and investigative costs.

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