Any consumer can sue the dealership for a CSPA violation if they bought or leased a vehicle or if they were solicited to buy or lease a vehicle. Though the courts have not entirely defined what constitutes a "solicitation", it is believed to occur any time a consumer comes in contact with an advertisement (including newspaper, radio and television), any "material" representations made by a salesmen, window paint, documents in a vehicle's window, or brochures. There does not need to be a sale in order for a solicitation to have occurred.
The Ohio Attorney General has issued specific rules on what a dealer is allowed to do and not allowed to do. Unfortunately, most dealers have either ignored these rules or failed to learn about them in the first place.
Violation of the CSPA can have devastating consequences to an auto dealer. The consumer can rescind the transaction or obtain $200.00 or treble monetary damages, whichever is greater, plus attorney fees. Therefore, it is in each dealers best interest to comply with all the rules in each transaction and each solicitation.
Blackstone Legal Publications, Inc. has printed a manual designed to inform auto dealers about all the various rules concerning the sale of vehicles in Ohio. It is recommended that each dealer familiarize himself with the rules to avoid litigation.
