VETO OF BILL LIMITING DAMAGES UNDER THE OHIO CONSUMER SALES PRACTICES ACT PROVISION HELD INVALID

In late 2006, at the end of the 126th General Assembly, the Ohio General Assembly passed a bill limiting damages under the new residential mortgage lending provisions of the Ohio Consumer Sales Practices Act (CSPA) to actual damages plus an amount not exceeding $5,000. Ohio S.B. No. 117. The bill was filed unsigned with the Ohio Secretary of State by outgoing Governor Taft, but then vetoed by incoming Governor Strickland. The veto was successfully challenged in the Ohio Supreme Court. The Court ruled the veto invalid and ordered S.B. 117 to be treated as a validly enacted law.

  • Elizabeth Anstaett and Mike Tomkies