QUESTION
Whats the definition of proximity in this passage?
Asked on Sep 03rd, 2013 on Business Law - Ohio
More details to this question:
(1) It is a deceptive act or practice in connection with a consumer transaction for a supplier, in the sale or offering for sale of goods or services, to make any offer in written or printed advertising or promotional literature without stating clearly and conspicuously in close proximity to the words stating the offer any material exclusions, reservations, limitations, modifications, or conditions. Disclosure shall be easily legible to anyone reading the advertising or promotional literature and shall be sufficiently specific so as to leave no reasonable probability that the terms of the offer might be misunderstood.
1 ANSWER
1 Award
I believe you are referencing OAC 109:4-3-02(A)(1). Proximity in this section refers to how close the material exclusions, reservations, limitations, modifications, or conditions must be to the written or printed advertising the maker is trying to limit. The Admin Code does not state how close it must be, but OAC 109:4-3-02(C) states that a footnote denoted by an asterisk or other symbol next to the offer being limited it not in close proximity to the offer.
Answered on Sep 03rd, 2013 at 4:03 PM
The answer provided is not legal advice and it is recommended that you seek advice of an attorney.