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Failure to Deliver/Substitutions

Under the Consumer Sales Practices Act, a seller may not advertise prompt delivery of goods or services unless the seller actually takes reasonable steps to ensure prompt delivery (Ohio Administrative Code 109:4-3-09).

Failure to Deliver

It is deceptive for a seller to accept money from a consumer and allow eight weeks to pass without:

  • Delivering the goods or services;
  • Providing a full refund;
  • Telling the consumer about the delay and offering to send a refund within two weeks, if the consumer requests it; or
  • Substituting similar goods or services of equal or greater value, if the consumer agrees.

Substitutions of “Equal or Greater Value”

To be considered “equal or greater value,” the substituted goods or services must be substantially similar to the original goods or services. They also must be made for the same purposes and cannot have a lower normal price than the original goods or services.

Sellers may not provide similar goods of equal or greater value when they had no intention to ship, deliver, or install the original goods ordered.