Ohio Admin. Code 109:4-3-31 - Consent and solicitation of signature
(A) For the purposes of this rule,
"signature" shall include, but not be limited to, a consumer's name, especially
when used with any other identifying information, physically or electronically
affixed to a communication that is designed to represent that the communication
is coming from the consumer or is a representation the consumer is making to
another person.
(B) "Communication"
as used in paragraph (A) of this rule shall not include information necessary
to carry out the consumer transaction such as agreement to be charged, or
transmissions between companies regarding a consumer's consent or use of
consumer's data.
(C) It shall be a
deceptive act or practice in connection with a consumer transaction for a
supplier, and
or anyone acting on the supplier's behalf, to solicit
or collect a consumer's signature for use in a communication unless the
following provisions are met:
(1) The
solicitation must clearly and conspicuously provide to the consumer the message
to which the consumer's signature will be attached prior to collecting the
consumer's consent to provide said signature.
(2) The solicitation must clearly and
conspicuously disclose to the consumer the content of the message, the
recipient of the message, and the party responsible for authoring the
message.
(3) The solicitation must
clearly and conspicuously disclose to the consumer the instance or instances
during which the consumer's signature will be used.
(D) It shall be a deceptive act or practice
in connection with a consumer transaction for a supplier to
collect or use a consumer's signature
for use in a communication without affirmative
consent from the consumer.
(E) It
shall be a deceptive act or practice in connection with a consumer transaction
for a supplier to use a consumer's signature in an instance or for a purpose
not clearly and specifically disclosed in the solicitation.
Notes
Promulgated Under: 119.03
Statutory Authority: 1345.05
Rule Amplifies: 1345.02
Prior Effective Dates: 01/17/2025
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(A) For the purposes of this rule, "signature" shall include, but not be limited to, a consumer's name, especially when used with any other identifying information, physically or electronically affixed to a communication that is designed to represent that the communication is coming from the consumer or is a representation the consumer is making to another person.
(B) "Communication" as used in paragraph (A) of this rule shall not include information necessary to carry out the consumer transaction such as agreement to be charged, or transmissions between companies regarding a consumer's consent or use of consumer's data.
(C) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier, and anyone acting on the supplier's behalf, to solicit or collect a consumer's signature for use in a communication unless the following provisions are met:
(1) The solicitation must clearly and conspicuously provide to the consumer the message to which the consumer's signature will be attached prior to collecting the consumer's consent to provide said signature.
(2) The solicitation must clearly and conspicuously disclose to the consumer the content of the message, the recipient of the message, and the party responsible for authoring the message.
(3) The solicitation must clearly and conspicuously disclose to the consumer the instance or instances during which the consumer's signature will be used.
(D) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to collect or use a consumer's signature without affirmative consent from the consumer.
(E) It shall be a deceptive act or practice in connection with a consumer transaction for a supplier to use a consumer's signature in an instance or for a purpose not clearly and specifically disclosed in the solicitation.
Notes
Promulgated Under: 119.03
Statutory Authority: 1345.05
Rule Amplifies: 1345.02