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Ohio General Assembly tightens regulations on consumer litigation funding agreements

January 29, 2025 | Introduced, Senate, 2025 Bills, Ohio Legislation Bills, Ohio


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Ohio General Assembly tightens regulations on consumer litigation funding agreements
In the heart of Ohio's legislative chambers, a significant discussion is unfolding around Senate Bill 10, a proposed measure aimed at regulating consumer litigation funding companies. Introduced on January 29, 2025, this bill seeks to address growing concerns about transparency and fairness in agreements that often leave consumers vulnerable.

At its core, Senate Bill 10 aims to establish clear guidelines for consumer litigation funding agreements, ensuring that they are written in plain language that the average person can understand. The bill mandates that these agreements be fully completed before being presented to consumers, and it requires space for consumers to initial each page, reinforcing the importance of informed consent. Notably, the front page of each agreement must disclose critical information, including the funded amount, a detailed list of charges, and the maximum financial obligation the consumer may incur.

The backdrop to this legislative effort is a series of troubling reports highlighting how some consumers have been misled or overwhelmed by complex legal jargon and hidden fees in litigation funding contracts. By reinforcing public policy against champerty and maintenance, as established in the Ohio Supreme Court case Rancman v. Interim Settlement Funding Corp., the bill aims to protect consumers from exploitative practices.

However, the bill has not been without its critics. Some argue that the stringent requirements could stifle the availability of funding for individuals who need it most, particularly those pursuing legal action without the means to pay upfront costs. Proponents, on the other hand, assert that the bill is a necessary step toward ensuring fairness and accountability in an industry that has often operated in the shadows.

As the Ohio Legislature continues to debate the implications of Senate Bill 10, the potential economic and social ramifications are becoming increasingly clear. If passed, the bill could reshape the landscape of consumer litigation funding, providing greater protections for individuals while also challenging the operational practices of funding companies.

With the legislative session underway, all eyes are on Ohio as lawmakers grapple with the balance between consumer protection and access to necessary financial resources in the legal arena. The outcome of this bill could set a precedent not only in Ohio but also inspire similar legislative efforts across the nation, marking a pivotal moment in the ongoing conversation about consumer rights and legal funding practices.

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This article is based on a bill currently being presented in the state government—explore the full text of the bill for a deeper understanding and compare it to the constitution

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