Legal Definitions - Ohio

In the context of commercial communications, Ohio refers to the specific state laws enacted in Ohio to regulate and restrict unsolicited marketing messages sent to its residents and businesses via email, telephone, and fax. These statutes aim to protect consumers from unwanted solicitations, often referred to as spam, telemarketing calls, and unsolicited faxes, by setting rules for how companies can engage in these forms of commercial outreach and providing remedies for violations.

• Example 1: Unsolicited Marketing Emails

  A new online clothing boutique, based outside of Ohio, purchases a list of email addresses and sends promotional messages about its spring collection to thousands of individuals residing in Ohio. None of these recipients have ever interacted with the boutique or opted in to receive marketing communications. Many of the emails lack a clear way to unsubscribe or accurate contact information for the sender.

  How this illustrates the term: This scenario falls under Ohio's commercial email and spam laws (Ohio Rev. Code § 2307.64). These statutes govern the sending of unsolicited commercial electronic messages within the state, defining what constitutes illegal spam and outlining requirements for legitimate marketing emails, such as providing opt-out mechanisms and accurate sender details. The boutique's actions could be in violation of these Ohio laws.

• Example 2: Persistent Telemarketing Calls to a "Do Not Call" Number

  An elderly resident of Cincinnati, Ohio, has registered their home phone number on both the national and Ohio-specific "Do Not Call" lists. Despite this, they repeatedly receive automated calls from a company promoting home repair services. Even after asking the caller to remove their number, the calls continue, often at inconvenient times.

  How this illustrates the term: This situation directly relates to Ohio's telemarketing and telephonic anti-solicitation laws (Ohio Rev. Code §§ 4719.01 et seq.). These laws prohibit telemarketers from contacting phone numbers registered on the state's "Do Not Call" registry and impose restrictions on how telemarketing calls can be made. The Ohio Attorney General (Ohio Rev. Code § 109.87) is empowered to investigate and enforce these regulations, protecting residents from unwanted and intrusive sales calls.

• Example 3: Unwanted Fax Advertisements to a Business

  A small dental practice in Columbus, Ohio, frequently receives unsolicited faxes advertising discounted medical supplies from a vendor they have no existing business relationship with. These faxes consume the practice's paper and toner, and tie up their fax line, preventing the reception of important patient information.

  How this illustrates the term: This example demonstrates the application of Ohio's fax anti-solicitation law (Ohio Rev. Code § 4931.75). This specific statute prohibits the sending of unsolicited advertisements via fax, aiming to protect businesses and individuals from the costs and inconvenience associated with receiving unwanted promotional materials through this medium.