Request for Comment

• 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 (A) 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.

The purpose of the proposed rule is to establish guidelines as to how and when a business can use a consumer’s signature for purposes outside of the initial consumer transaction, as well when and what related disclosures must be made. The proposed rule would not make it illegal to solicit a consumers’ signature but would provide regulation around how it must be done in relation to consumer transactions. The proposed rule would also require businesses to obtain consumers' affirmative consent prior to using their signature outside of the initial consumer transaction.

This rule should be read in conjunction with the Consumer Sales Practices Act, R.C. 1345.01 et seq. and O.A.C. 109:4-3-01 et seq.

The Ohio Attorney General’s Consumer Protection Section would be charged with enforcing this rule.

The comment period is 30 days from the date of posting, meaning comments are due on or before 11:59pm EST on May 24, 2024.

All comments must be submitted electronically by emailing RFC1@OhioAGO.gov. You may submit your comment as a Word document, PDF, or within the body of the email, and you may also attach any supporting documentation you feel is relevant.

Please include any information that you feel is relevant to the Ohio Attorney General in considering this proposed rule. We would encourage comments on whether this or a similar rule is necessary; whether it should be pursued; and any specific drafting changes you would propose. While no identifying information is specifically required, we would encourage you to include your name and contact information in the event we have any questions regarding your comment.

At this point, the proposed rule is under consideration for public comment only.

Yes, we will notify all parties who submit a comment if and when the rule is formally proposed. To be notified, you must provide an email address or phone number when you submit your comment.

For example, if John purchases something from ABC website and ABC website then asks John for permission to use his signature on a letter that is unrelated to the purchase, should John be informed of the message (the content of the letter) for which his signature will be added? If so, when should he be informed? Should John have to give his affirmative consent for ABC to add his signature to the letter?

Additionally, if ABC website sends John to XYZ website to solicit his signature, should XYZ have to make those same disclosures when they solicit John’s signature and consent? Alternatively, should ABC be liable for XYZ’s representations?