Law Commons^™

Consumer Protection Via The Larceny By Trick Statute, Jerry A. Davis

Akron Law Review

In the decision of State v. Healy, the Ohio Supreme Court examined and interpreted the so-called larceny by trick statute. The significance of that decision in terms of consumer protection for Ohio is immense, though as yet unfelt because of a disinclination on the part of public officials and the legal community to use criminal statutes for such a purpose.

Ohio's Usury Laws And Their Effect Upon The Home Mortgage Market: Economic And Constitutional Inequities, David M. Hunter

Akron Law Review

The concept of usury regulation is a well settled principle in the law, founded primarily upon the misguided perception of interest limitations as efficient and necessary legislation promoting the popular notion of consumer protection by cautiously supervising credit markets. Endowed with a lengthy history, limitations precluding the usurious assessment of interest charges have acquired a time-honored, almost sacred position in the statutory scheme of Ohio, as well as other states. This favored outlook toward usury laws is further bolstered by its ill-founded appeal as legislation in the best interests of the borrower. As a result, usury restrictions are often seen …

Ohio's Newest Consumer Protection: The Prepaid Entertainment Contract Act, Sandra S. Braden

Akron Law Review

The Prepaid Entertainment Contract Act is not complex in its drafting and should be readily understandable by the consumer in informing him of his rights under a future service contract. There are, however, several aspects of PECA which will require clarification. First, the definition of "first service" will present problems in construction if a practical application of the Act is to be realized. Second, the extent to which a violation of this Act constitutes a per se deceptive act under the Consumer Sales Practices Act may require interpretation.' Third, a proposed Trade Regulation Rule by the Federal Trade Commission concerning …

Ohio's Newest Consumer Protection: The Prepaid Entertainment Contract Act, Sandra S. Braden

Akron Law Review

The Prepaid Entertainment Contract Act is not complex in its drafting and should be readily understandable by the consumer in informing him of his rights under a future service contract. There are, however, several aspects of PECA which will require clarification. First, the definition of "first service ' will present problems in construction if a practical application of the Act is to be realized. Second, the extent to which a violation of this Act constitutes a per se deceptive act under the Consumer Sales Practices Act may require interpretation.' Third, a proposed Trade Regulation Rule by the Federal Trade Commission …

Due Process As Consumer Protection: State Remedies For Distant Forum Abuse, Alan K. Chen

Akron Law Review

This article takes the position that distant forum abuse is a practice which should be and can be halted by the employment of state consumer protection statutes. The article first lays out a history of distant forum abuse and its role as a tool for debt collection harassment. Next, it examines legal developments in this area at both the federal and state levels, and explains the need for a more wide-reaching remedy in most jurisdictions. The third section briefly addresses important aspects of procedural waivers under contract law which must be taken into account by policy-makers when fashioning new remedies …

Challenges Under Truth In Lending: Suing For Rescission, Giving Clear And Conspicuous Notice, And Electing Not To Rescind, Elwin Griffith

Akron Law Review

This Article reveals that the uniformity sought by Congress through TILA has challenged the courts to clarify the relationship between a notice of rescission and a suit for rescission, the relevance of the consumer’s ability to tender the loan principal, and the difficulty of recognizing a creditor’s attempt to accommodate a consumer’s premature election not to cancel a transaction.

Prozac: Another Drug Wrongfully Attacked - What Can Be Done To Stop The Legal System From Driving Good Drugs Off The Market, While Protecting State And Federal Interests, Melinda M. Katz

Akron Law Review

This Comment will examine the U.S. Food and Drug Administration (FDA) as a regulatory agency, and the status of pharmaceutical products liability. The Comment will describe Prozac, an antidepressant drug currently caught in the products liability dilemma; its compliance with FDA regulations; and opposition to the drug since FDA approval. The Comment will then review American problems with pharmaceutical products liability, and solutions that other commentators have proposed. Finally, the Comment will propose that Congress erect barriers to filing claims against manufacturers for drugs that meet or exceed a higher level of FDA approval, like Bendectin and Prozac, through a …

The Impact Of State Farm V. Alexander On Uninsured And Underinsured Motorist Coverage Generally, And In To Relation To The Owned-But-Not -Insured Exclusion, Shawn Gordon Lisle

Akron Law Review

The discussion contained herein will commence with a brief examination of the uninsured and underinsured motorist statute's purpose.

Following the discussion of the uninsured motorist statute's purpose, the discussion will proceed to survey all cases to date which have had occasion to deal with Alexander in a substantive manner. Nine of the twelve Ohio appellate districts have considered the Alexander decision in some respect. Likewise, the Ohio Supreme Court has cited to Alexander as authority for reversing appellate court decisions which upheld exclusions violative of R.C. § 3937.18's purpose. Each decision shall be presented and examined in turn, grouped either …

Payment Methods For Consumer-To-Consumer Online Transactions, David E. Sorkin

Akron Law Review

Participants in online auctions use a variety of payment mechanisms, but checks and money orders still represent the most commonly used means of payment. Credit cards afford greater protection to buyers, but until recently payment by credit card was not even an option for person-to-person transactions. However, several online payment services have been established that enable individuals to make credit card payments to one another, generally with the payment service acting as an intermediary. These services are growing rapidly, mainly because of the speed and convenience that they offer. Yet relatively little attention has been paid to the risks and …