OhioHB 105136th General Assembly (2025-2026)HouseWALLET

Revise non-recourse litigation funding agreement regulations

Sponsored By: Jim Thomas (Republican), Meredith Craig (Republican)

Signed by Governor

CommerceInsuranceCourts and Civil Law

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Bill Overview

Analyzed Economic Effects

9 provisions identified: 4 benefits, 1 costs, 4 mixed.

Clearer funding contracts for Ohio consumers

These protections cover Ohio residents with pending civil claims who receive cash advances under $400,000 against possible case proceeds. Contracts must be fully completed, with space for your initials on every page. Front-page disclosures must show the advance, all charges and how they grow, and maximum repayment amounts for one or multiple agreements. You can cancel without penalty within 10 business days after funding by returning all money received. Returns must use the specified in-person or insured-mail methods, including an uncashed check or a repayment check. Payment comes only from available case proceeds; you owe nothing without proceeds unless you breached the contract or committed fraud. Your lawyer must certify reviewing the terms with you, having a contingency fee, handling proceeds through a trust account or settlement fund, helping fulfill the agreement, and receiving no referral payment. Contracts must explain cancellation and the funder's lack of control, warn against blank spaces, recommend consulting your lawyer, and disclose limits on tax or financial advice. A willful violation, including a missing required lawyer acknowledgment, makes the agreement unenforceable; injured consumers can also seek state consumer-protection remedies.

Fee limits for consumer lawsuit advances

Consumer legal funding companies cannot charge a prepayment fee or penalty. A one-time service fee cannot exceed 7% of the initial cash advance. Prohibited fees and charges above the maximum disclosed in the agreement cannot be enforced. The 7% limit applies to the one-time service fee, not all charges combined.

Consumers keep control of funded lawsuits

Consumer funding companies cannot steer lawsuit decisions, pay court costs or lawyer fees, or seek waivers of consumer remedies. They cannot use misleading ads, withhold complete contract copies, or pay or accept referral rewards involving lawyers or health providers. Companies cannot steer consumers to specific lawyers or medical providers; unrepresented consumers can receive referrals to permitted lawyer-referral services or legal aid. Before knowingly funding a claim with an earlier assignment of proceeds, the company must ensure that assignment is paid off. Repayment includes the earlier advance and contracted fees, unless the consumer and all prior parties agree in writing to less. Multiple companies can fund the same claim at the same time only with written consent from all companies, the consumer, and the lawyer. Agreements based on collusion to create fabricated or bad-faith claims, or induce a represented consumer to switch to funding-linked counsel, are void from the start.

Lawyer safeguards for funded consumers

A company cannot fund your claim if your retained lawyer or law firm has a financial or ownership interest in it. Lawyers and firms with those interests face bans on representing funded consumers, directly funding represented consumers, and making covered referrals. The lawyer restrictions also apply when a lawyer's family member has a financial interest in the company. Your lawyer needs your prior written consent before sharing confidential or legally protected information with a consumer funding company. Even with consent, sharing cannot violate court rules, court orders, or professional conduct rules.

Commercial funders cannot steer legal cases

Commercial litigation funders cannot make, influence, or direct decisions about a legal claim. This includes choosing lawyers or experts, setting strategy, settling, or otherwise resolving the claim. Claimants, their lawyers, and affiliated lawyers or firms cannot share court-sealed or court-protected information with those funders. The parties and their legal representatives keep control of case decisions.

Foreign lawsuit funding faces new bans

Consumer funding companies and commercial litigation funders cannot knowingly enter covered agreements with people or entities domiciled outside the United States. Consumers and other entities also cannot enter those agreements with foreign-domiciled people or entities. The ban also covers claims financed directly or indirectly by a foreign-domiciled person or entity. These rules restrict which funding relationships are allowed.

Funding liens shape consumers' lawsuit payouts

A consumer funding agreement creates a lien, giving the company a claim to money from the lawsuit. It takes priority over liens completed later. It does not override claim-related liens expressly authorized by law, including specified lawyer-fee, Medicaid, Medicare, and workers' compensation liens. These priorities determine which claims are paid before the consumer receives the remaining proceeds.

Lawsuit funding terms become more public

Lawyers for parties to covered consumer or commercial funding agreements must report their existence and contents to the Ohio Attorney General. Reports are due within 14 days after a settlement of a previously filed court claim, a final appealable order, or an order marking the trial court's final stage. The Attorney General must promptly post the contents online, removing legally confidential information, including details that could identify the consumer or plaintiff. Consumer and commercial contracts cannot block or limit court discovery of the agreement or its parties. That discovery rule applies to agreements made, amended, or renewed on or after the relevant section's effective date.

State oversight grows for litigation funders

Ohio replaces its prior funding rules with a new framework for consumer legal funding and commercial litigation financing. Beginning 90 days after the relevant section's effective date, both types of funders must register before doing business in Ohio. Registration includes company names and home addresses, leadership and affiliated-company details, and acknowledgment that their financiers have read the law. The commercial financier definition excludes qualifying tax-exempt nonprofits and related pro bono funders. After a court finds a violation, the Attorney General can seek court remedies, including banning a funder from that business in Ohio.

Sponsors & Cosponsors

Sponsors

  • Jim Thomas

    Republican • House

  • Meredith Craig

    Republican • House

Cosponsors

  • Angela N. King

    Republican • House

  • Bernard Willis

    Republican • House

  • Bill Roemer

    Republican • House

  • Bob Peterson

    Republican • House

  • Brian Lampton

    Republican • House

  • Brian Lorenz

    Republican • House

  • David Thomas

    Republican • House

  • Derrick Hall

    Democratic • House

  • Haraz N. Ghanbari

    Republican • House

  • Jack K. Daniels

    Republican • House

  • Josh Williams

    Republican • House

  • Kellie Deeter

    Republican • House

  • Marilyn John

    Republican • House

  • Mark Sigrist

    Democratic • House

  • Mike Odioso

    Republican • House

  • Nathan H. Manning

    Republican • Senate

  • Riordan T. McClain

    Republican • House

  • Sean P. Brennan

    Democratic • House

  • Sharon A. Ray

    Republican • House

  • Tim Barhorst

    Republican • House

Roll Call Votes

All Roll Calls

Yes: 207 • No: 28

Senate vote • 6/10/2026

Passed

Yes: 31 • No: 2

House vote • 6/10/2026

Concurred in Senate amendments

Yes: 82 • No: 12

Senate vote • 6/10/2026

Judiciary: Reported

Yes: 6 • No: 0

House vote • 11/19/2025

Passed

Yes: 76 • No: 14

House vote • 11/18/2025

Insurance: Reported

Yes: 12 • No: 0

Actions Timeline

  1. Signed by Governor

    7/7/2026Governor
  2. Sent to Governor

    7/1/2026Governor
  3. Concurred in Senate amendments

    6/10/2026House
  4. Passed

    6/10/2026Senate
  5. Reported

    6/10/2026Senate
  6. Refer to Committee

    3/24/2026Senate
  7. Introduced

    11/25/2025Senate
  8. Passed

    11/19/2025House
  9. Reported

    11/18/2025House
  10. Refer to Committee

    2/26/2025House
  11. Introduced

    2/18/2025House

Bill Text

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