Today’s Plain Dealer is reporting that the Ohio House is seeking to pass legislation that will revolutionize the Ohio Consumer Sales Practices Act. The provisions would void the recent Ohio Supreme Court decision in Whitaker v. M.T. Automotive, dba Montrose Toyota where the Court overturned a lower court ruling that the CSPA only provided for recovery of economic damages. The Supreme Court approved damages for stress, aggravation and the like.
The pending legislation is being viewed as backlash to the Whitake decision and an effort to limit the damages that could be recovered on almost all consumer transactions.
The matter is set to be reviewed today by the House Judiciary Committee.
The Plain Dealer article is here