Ohio Motor Vehicle Rustproofing
Rule
Note:
This law is part of Ohio’s “UDAP” law,
the Consumer Sales Practices Act, R.C. 1345.01 et seq.,
and covers “rustproofing” of motor vehicles
in detail. Among other things, it makes it illegal
to use the word
“rustproofing”. The exact text of this
law follows below:
Ohio
Administrative Code 109:4-3-15
Motor
vehicle rust inhibitors.
(A)
It shall be a deceptive act or practice in connection
with a consumer transaction for a supplier to represent
that an item of goods or a service will prevent, inhibit
or retard rusting or corrosion of any part of a motor
vehicle if that representation is false.
(B)
It shall be a deceptive act or practice in connection
with a consumer transaction involving an item of goods
or a service that a supplier represents will prevent,
inhibit or retard rusting or corrosion of any part of
a motor vehicle for a supplier to use the term "rustproofing"
in connection with the advertising, the promotion or sale
of any such item of goods or a service unless the supplier
guarantees that the item of goods or the service will prevent
rust or corrosion and agrees in writing to indemnify a consumer
who purchases such an item of goods or a service for the
actual cost of repairing damage caused by rusting or corrosion
of any part of a motor vehicle to which the item of goods
or a service has been applied.
(C)
It shall be a deceptive act or practice in connection
with a consumer transaction involving an item of goods
or service that a supplier warrants to prevent, inhibit
or retard rusting or corrosion of any part of a motor
vehicle for the supplier:
(1)
To fail to inform the consumer clearly and conspicuously
in writing of all of the terms of any written warranty
prior to the time when the consumer enters into a contract
for the purchase of any such item of goods or a service;
(2)
To fail to honor a warranty claim of a consumer on the
basis that the consumer delayed in reporting rust or
corrosion to the supplier unless the supplier's time
limitation for the presentation of claims is set forth
clearly and conspicuously in writing in the warranty;
(3)
To fail to repair rust or corrosion damage on the basis
that the supplier believes that damage has not become
extensive enough to repair;
(4)
To fail to honor a warranty claim of a consumer on the
basis that the item of goods or the service was provided
improperly when the supplier has authorized the person
who provided the item of goods or the service to the
consumer to issue a warranty on behalf of the supplier;
(5)
To fail to honor an otherwise valid warranty claim on
the basis that the cost of repairing an area damaged
by rust or corrosion is excessive or unreasonable unless
the warranty itself expressly reserves to the supplier
the right to limit the supplier's obligation in this
manner;
(6)
To refuse to replace rusted or corroded areas when the
supplier's warranty obligates the supplier to make repairs
to such areas and methods of repair other than replacement
of the rusted or corroded area will not restore the rusted
or corroded area to substantially the same condition
as it was in prior to being damaged by rust or corrosion;
(7)
To fail to honor a warranty claim on the basis that the
supplier previously has allowed a different claim on
the same warranty, unless a limitation on the number
of claims is set forth clearly and conspicuously in writing
in the warranty;
(8)
To fail to inspect a motor vehicle within thirty days
of receiving a consumer's warranty claim for rust or
corrosion damage, provided that the consumer makes the
motor vehicle available for inspection within that period.
Presentation of a claim to a supplier's authorized or
franchised dealer or distributor shall constitute receipt
by the supplier. The supplier shall provide for inspection
of the motor vehicle at a place within the county where
the consumer resides, or where the consumer purchased
the supplier's goods or services;
(9)
To fail to notify a consumer in writing within ten business
days of inspecting the consumer's motor vehicle for rust
or corrosion damage whether the consumer's warranty claim
will be allowed or denied. If a claim is denied, the
specific reason for that denial shall be stated in writing.
For purposes of this rule, notification is effective
upon mailing the supplier's determination on the claim
to the last address supplied to the supplier by the consumer
or upon personal delivery to the consumer;
(10)
To fail to honor a warranty claim because the person
who issued the warranty to the consumer on behalf of
the supplier provided the consumer with an incorrect
warranty;
(11)
Who applies the item of goods to any part of a consumer's
automobile to fail to provide the consumer, in advance
of the application, with a written or pictorial description
of the specific areas of the automobile to which the
item of goods will be applied.
(D)
It shall be a deceptive act or practice in connection
with a consumer transaction involving an item of goods
or a service that is represented by a supplier to prevent,
inhibit or retard rusting or corrosion of any part of
a motor vehicle for a supplier to misrepresent the cause
or the origin of rust or corrosion of any part of a motor
vehicle.
(E) No provision in this rule shall be construed to
annul, alter or limit the application of any provision
of the "Motor vehicle repairs or services" rule
109:4-3-13 of the Administrative Code or the Federal
Trade Commission Improvements Act, 88 Stat. 2183, 15
U.S.C. 2301 et seq., to any consumer transaction
involving the advertising, promotion or sale of any goods
or services represented to prevent, inhibit or retard
rusting or corrosion of any part of a motor vehicle.
(F) As used in this rule, "motor vehicle"
shall have the same meaning as that term is defined in division
(B) of section 4501.01 of the Revised Code.
Eff 1-26-80
Rule promulgated under: RC Chapter 119.
Rule amplifies: RC 1345.02 |
