2012 Ohio 3926
Ohio Ct. App.2012Background
- Pillar owned Red Hill Crane & Equipment Rental in Dover; dispute with Weaver over payment for equipment.
- Weaver’s business incurred repeated invoices from Red Hill; Weaver did not respond.
- Pillar called Weaver on Aug 7 and Aug 10, 2009; Weaver told him not to call.
- On Aug 11, 2009, Pillar called again; Weaver filed a police complaint; officer told Pillar to stop.
- Pillar was charged with three counts of telecommunications harassment under R.C. 2917.21(A)(5); bench trial October 12, 2009; magistrate found him guilty and sentenced.
- Trial court adopted the magistrate’s decision on December 29, 2011; Pillar appeals raising overbreadth/FDCPA concerns; appellate court affirms.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2917.21(A)(5) is unconstitutionally overbroad or conflicts with the FDCPA. | Pillar argues overbreadth and FDCPA conflict. | State argues statute is not overbroad and FDCPA does not apply in business debt collection. | Not unconstitutionally overbroad; no FDCPA conflict; statute upheld. |
Key Cases Cited
- State v. Gibbs, 134 Ohio App.3d 247 (Ohio 1999) (not overbroad; permissible for creditor to collect commercial debts)
- Central Hudson Gas & Elec. Corp. v. Pub. Serv. Comm. of New York, 447 U.S. 557 (U.S. 1980) (four-part test for restricting commercial speech)
- United States v. Edge Broadcasting Co., 509 U.S. 418 (U.S. 1993) (commercial speech protections vary; government interests)