Ohio: Attorney General

Candidates

Leigh Herington, Democrat
Jim Petro, Republican

Issues: Predatory Mortgage Lending | Do-Not-Call-List | Nursing Home Quality |

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Question

Would you support or oppose legislation that would prohibit mortgage lending practices, such as the selling of single premium credit insurance; requiring a borrower to sign a mandatory arbitration agreement as a condition of obtaining a loan; and basing a borrower’s ability to repay a loan on his or her income, and not on the equity in the home? What other consumer provisions would you propose to protect consumers from predatory and abusive lending practices?

AARP Response

Predatory lending consists of practices that take advantage of persons borrowing money and using their homes to secure the loan. Some common practices are: deceptive marketing tactics, making loans without regard to a borrower’s ability to repay the loan; failing to disclose terms such as balloon payments; and refinancing loans and charging excessive fees each time.

There are few legislative protections in place, consumer protections are weak, and regulations are inadequate. AARP believes stronger legislative authority and enforceable regulations are needed. AARP believes that the Ohio Legislature can and should prove that it is serious about protecting Ohio homeowners from abusive business practices. The Legislature should enact an anti-predatory lending bill with strict prohibitions against abusive lending practices such as requiring a borrower to sign a mandatory arbitration agreement and basing a borrower's ability to repay a loan on income, and not on the equity in the home.

Issue	Yes	No	Unclear
Supports consumer protections from predatory lending practices
Supports solutions that incorporate more than disclosure or borrower education

Candidate Response: Leigh Herington

I am strongly opposed to predatory lending practices and opposed House Bill 386, a bill that preempted local ordinances against predatory lending. We need strong protections in place to prevent unscrupulous lenders from stripping elderly and low-income individuals from their home equity. Consumers must be made aware of the dangers associated with second mortgages.

As Attorney General, I will be more engaged in public interest law and consumer protections. We have seen a de-emphasis in the current Attorney General’s office in regard to public interest issues. I will elevate the importance of preventing predatory lending within the Attorney General’s office, and work diligently with local law enforcement personnel to protect the rights of seniors.

Candidate Response: Jim Petro

It is inexcusable for predatory lending practices to exist. We must protect consumers from unscrupulous lending practices, hidden balloon payments, exorbitant fees and unnecessary products, including insurance policies that offer little to no protection. Common victims include the vulnerable, especially the elderly and the poor. I support an effective state law prohibiting all predatory lending practices and that would preempt all local ordinances. Honest subprime lending is clearly needed, but we must do everything we can to increase protection for consumers. Through collaborative efforts of AARP and members of the lending industry, who are both members of the State’s predatory lending task force, I believe that a remedy will be designed which not only protects Ohio’s consumers, but offers a viable marketplace for lenders.

Question

Do you support or oppose a law establishing a statewide, consumer-focused do-not-call list in Ohio?

AARP Response

There is a growing desire among consumers for safeguards against fraud and protections of privacy in telecommunications.

AARP supports the following provisions to protect consumers.

• Consumers should have the right to place their names on a statewide registry at no charge that telephone solicitors must buy before doing business in the state. Consumers should not have to pay for this right.
  
  
• Consumers should be on the list for a minimum of five years without having to renew their registration on the list.
  
  
• Consumers must have the ability to be placed on the list by calling a toll-free number, registering online, sending a fax, or writing into a state office.
  
  
• Exemptions from the law must be limited to calls made by businesses with an existing, current, ongoing and voluntary business relationship with the consumer, or calls made for a non-commercial purpose.
  
  

Issue	Yes	No	Unclear
Supports closing loopholes that allow telemarketers to claim an “existing business relationship”
Supports a law that is enforceable and also includes sufficient penalties
Supports consumer’s right to go to court if they believe a telemarketer has violated their rights

Candidate Response: Leigh Herington

I support a law establishing a statewide, consumer-focused, do-not-call list in Ohio. I have been working with Senator Bob Hagan (D-Youngstown) on legislation that would mirror Pennsylvania’s groundbreaking do-not-call protection laws. This bill would protect seniors and punish overzealous telemarketing firms that prey on seniors and disadvantaged populations.

As Attorney General, I will enforce all laws enacted concerning harassment of this kind, and will seek the most rigorous penalties possible.

Candidate Response: Jim Petro

I believe in a right to privacy against unwanted telemarketers and protecting vulnerable consumers from telemarketing predators. I strongly support current Ohio and federal law pertaining to telephone solicitations. The purpose of such laws is to protect individuals from telephone solicitors that commit illegal or deceptive acts. If elected, I will vigorously investigate such fraudulent and predatory practices. Furthermore, I support a consumer’s private right of action against telemarketers who violate Ohio law.

The FTC recently proposed creating a national “do not call” list. This proposal, coupled with the Federal Telemarketing Sales Rule, the Telemarketing and Consumer Fraud Act and Abuse Protection Act and current Ohio law, I believe will provide the necessary tools to limit unwanted solicitations and protect individuals from scam artists.

Question

What specific steps would you take to ensure that nursing homes provide quality care? Please state your position on enacting reforms to improve the quality of nursing home care, including strengthening regulatory oversight and enforcement of quality standards.

AARP Response

AARP Ohio supports reform legislation which improves the quality of care provided to nursing home residents. Legislation should include reforms in the Medicaid reimbursement system to provide incentives to deliver high quality care; increasing minimum nurse staffing requirements; strengthening the ombudsman program; barring providers with criminal records or whose facilities have been cited repeatedly for deficiencies in major quality-of-care requirements; improving the facility inspection program, including requiring surveyors to interview residents in private; requiring all nursing home facilities to create an independent advisory body to review operations; employing a full range of sanctions for quality-of-care deficiencies, including civil money penalties, a ban on all new admissions, monitors, directed plans of correction, denial of Medicaid payment for new admissions and appointment of temporary managers and receivers, and imposing remedies swiftly, with harsher sanctions for recurring, serious or widespread deficiencies.

Issue	Yes	No	Unclear
Supports more frequent and thorough facility inspections and stronger sanctions
Supports Medicaid reimbursement system that rewards demonstrated quality of care

Candidate Response: Leigh Herington

In the Ohio Senate, I have worked to ensure nursing homes provide quality care. I opposed House Bill 412, a bill that stripped constitutional rights from nursing home residents and emphasized circumvention of the nursing home industry’s looming liability insurance crisis instead. I passed an amendment maintaining the rights of residents to file claims of negligence for two years. This bill still did not ensure safety of the residents as a priority, and did not allow the results from inspections or investigations to be used as evidence in any action against a nursing home, except in actions by state agencies.

As Attorney General, I would be aggressive in pursuing sanctions and criminal charges against those who intentionally harm or injure through negligence.

Candidate Response: Jim Petro

I strongly support nursing home patients’ rights as outlined in the Revised Code. Every current and future nursing home resident should expect and each deserves the right to: the highest quality of service; a safe living environment; and, the right to be free from physical and emotional abuse. The Attorney General is statutorily required to perform exhaustive background checks of all employee applicants and investigate any violations of nursing home rules and regulations. If elected, I will vigorously investigate the industry to ensure that Ohio’s nursing homes are the best in the nation. Furthermore, I will work with county prosecutors to prosecute any violations of such laws. I am dedicated to protecting Ohio’s vulnerable, especially the elderly living in Ohio’s nursing homes.