Clark, Perdue & List's Blog

The Ohio Supreme Court held last week that Ohio's Consumer Sales Practices Act (CSPA) permits a consumer who is harmed by an unfair or deceptive trade practice by a supplier is entitled to recover noneconomic damages in addition to economic losses. The case is Whitaker v. M.T. Automotive, Inc., 2006-Ohio-5481.

In this case, Craig Whitaker took possession of a used pickup truck in October 2001, with the understanding he and the dealership had signed a binding lease agreement. A few days after Whitaker took possession, the dealership declared that Whitaker "had not qualified" for financing under the original lease agreement, repossessed the truck and refused to refund Whitaker's $1,500 down payment, because he declined to sign a new lease that included less favorable terms.

Whitaker had sold his old truck, and because the new truck was repossessed, he was left without transportation for several weeks. He sued the dealership citing various CSPA violations and sought damages for expenses resulting from the repossession, in addition to damages for inconvenience, public embarrassment and emotional distress.

The jury awarded Whitaker $105,000 in damages in addition to legal fees. The trial court subsequently trebled the $105,000 as required by the CPSA. The court of appeals reversed the trial court verdict, and the case went up to the Ohio Supreme Court. In affirming the judgment of the trial court, the Supreme Court stated: "We hold that in an action brought under the CSPA, all forms of compensatory relief, including noneconomic damages, are included within the term 'damages' in [The Consumers Sales Practices Act]."