Author Archives: Jay Butchko
Dayton, Ohio Public Utility Consumer Law Dispute
One ongoing consumer law case here in Ohio will undoubtedly have a significant impact on consumer protection: The case – In re application of Dayton Power and Light Company – involves four cases involving electric service provided to Dayton-area residents. While the Public Utilities Commission of Ohio (commission) initially approved a settlement for consumers… Read More »
The Statute Of Frauds In Real Estate Contracts
When it comes to real estate contracts, it is essential to work with an experienced attorney, as real estate contracts are different from other property-related contracts. Because real estate contracts involve property that is considered to be one-of-a-kind and irreplaceable, these types of disputes are typically more adversarial in nature precisely because there is… Read More »
“Preferred Treatment” Based Breach Of Contract Claims
Breach of contract claims can cover a variety of activities, including claims from one party that another party is prioritizing business from other companies under an existing contract. If, for example, two companies enter into an agreement, whereby one is providing a certain supply of a product each month, but fails to meet that… Read More »
Wells Fargo Fined Almost $4 Billion For Consumer Law Violations
In December, Wells Fargo Bank was ordered to pay customers over $3.7 billion due to consumer law violations; specifically for charging illegal fees and interest on auto loans and mortgages and incorrect overdraft fees on checking and savings accounts. The assessment represents the largest fine ever against a bank. Still, according to regulators, in… Read More »
Selling Real Estate In Ohio
As Columbus real estate attorneys who help clients with transactional matters involving buying and selling real estate, as well as related litigation, we frequently receive questions regarding disputes that can sometimes arise after property is sold; Specifically, a number of these disputes involve buyers arguing that they have discovered problems with the property after… Read More »
Overcharging & Deceptive Consumer Practices In Ohio
A concerning consumer protection issue recently emerged involving a number of major retail stores, including the dollar stores and Walmart, severely overcharging customers here in Ohio. Specifically, customers found double digit errors that ranged from almost 17 to more than 88 percent price markups (where the state department of agriculture only permits stores to… Read More »
Ohio Real Estate Law Decision Involving 140-Year-Old Park: Court Rules Parking Fees Do Not Violate Restrictions On Deed
A recent decision made by the Ohio Supreme Court carries broad implications for Ohio real estate law, including when it comes to the interpretation of deed restrictions and the “Marketable Title Act,” a provision of Ohio real estate law that allows for heirs’ interests and claims in land donations “prior to the root of… Read More »
Ohio Consumer Fraud Victims Sue Solar Panel Company
A massive consumer protection issue has sprung up around the country, including here in Columbus, Ohio, concerning families investing funds in solar panels, only to find that the panels do not work, and the company who sold them – described as having a “far reaching presence in the state of Ohio” – has filed… Read More »
Motions To Dismiss In Consumer Law Cases
As attorneys who work in consumer protection, we frequently receive questions about the Do Not Call Registry and protections provided to consumers under the Telephone Consumer Protection Act. A recent case decided in the United States District Court Southern District of Ohio Eastern Division, Ansley v. Quantum 3 Media, LLC, highlights one consumer’s lawsuit… Read More »
Super Lawyers has Chosen Partner Andrew J. Gerling for Inclusion in the Ohio Super Lawyer List
Super Lawyers has chosen Partner Andrew J. Gerling of Kohl & Cook Law Firm, LLC for inclusion in the Ohio Super Lawyer list in Consumer Litigation for 2023. This is the 2nd year Attorney Gerling has been recognized with this prestigious designation having previously been included on the Super Lawyers Rising Star list from… Read More »