Ohio Code § 1321.44

Ohio Code § 1321.44. Reproduced from the official Ohio Revised Code, with a citation summary, verification link, and related provisions.

§ 1321.44.

(A) A violation of section 1321.41 of the Revised Code is deemed an unfair or deceptive act or practice in violation of section 1345.02 of the Revised Code .  A borrower injured by a violation of section 1321.41 of the Revised Code shall have a cause of action and be entitled to the same relief available to a consumer

under section 1345.09 of the Revised Code , and all powers and remedies available to the attorney general to enforce sections 1345.01 to 1345.13 of the Revised Code are available to the attorney general to enforce section 1321.41 of the Revised Code . (B) The superintendent of financial institutions or a borrower may bring directly an

action to enjoin a violation of sections 1321.35 to 1321.48 of the Revised Code .  The prosecuting attorney of the county in which the action may be brought may bring

an action to enjoin a violation of sections 1321.35 to 1321.48 of the Revised Code only if the prosecuting attorney first presents any evidence of the violation to

the attorney general and, within a reasonable period of time, the attorney general

has not agreed to bring the action. (C) The superintendent may initiate criminal proceedings under sections 1321.35 to 1321.48 of the Revised Code by presenting any evidence of criminal violation to the prosecuting attorney of the

county in which the offense may be prosecuted.  If the prosecuting attorney does not prosecute the violations, or at the request

of the prosecuting attorney, the superintendent shall present any evidence of criminal

violations to the attorney general, who may proceed in the prosecution with all the

rights, privileges, and powers conferred by law on prosecuting attorneys, including

the power to appear before grand juries and to interrogate witnesses before such grand

juries.  These powers of the attorney general are in addition to any other applicable powers

of the attorney general. (D) The prosecuting attorney of the county in which an alleged offense may be prosecuted

may initiate criminal proceedings under sections 1321.35 to 1321.48 of the Revised Code . (E) In order to initiate criminal proceedings under sections 1321.35 to 1321.48 of the Revised Code , the attorney general first shall present any evidence of criminal violations to

the prosecuting attorney of the county in which the alleged offense may be prosecuted.  If, within a reasonable period of time, the prosecuting attorney has not agreed

to prosecute the violations, the attorney general may proceed in the prosecution with

all the rights, privileges, and powers described in division (B) of this section. (F) When a judgment under this section becomes final, the clerk of court shall mail a

copy of the judgment, including supporting opinions, to the superintendent.

Source: official Ohio text · Last verified 2026-08-27

At a glance

  • Citation: Ohio Revised Code § 1321.44
  • Jurisdiction: Ohio
  • Code: Ohio Revised Code
  • Text: transcribed from the official source (verify below)

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