Haw. Rev. Stat. § 482-33 — HI Code / Division 2 / Title 26 / Chapter 482 / Section 482-33
Remedies.
Status: in_force

(a) The owner of a mark registered under this part may proceed by suit to enjoin the manufacture, use, display, or sale of any counterfeits or imitations of the mark, and any court of competent jurisdiction may grant injunctions to restrain such manufacture, use, display, or sale as the court deems just and reasonable, and may require the defendants to pay the owner all profits derived from and all damages suffered by reason of such wrongful manufacture, use, display, or sale; and the court may also order that any counterfeits or imitations in the possession or under the control of any defendant in the case be delivered to an officer of the court, or to the owner, to be destroyed. The court, in its discretion, may enter judgment for an amount not to exceed three times the lost profits and damages incurred by the owner, and award reasonable attorneys' fees to the owner when the court finds that the defendants committed the wrongful acts knowingly or in bad faith.

(b) The enumeration of any right or remedy under this part shall not adversely affect a registrant's right to pursue criminal penalties under other laws of this State. [L 2001, c 15, pt of §1]
Haw. Rev. Stat. § 486-80 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-80
Impoundment of evidence.
Status: in_force

The administrator may, for a period not to exceed ninety-six hours, impound as evidence any passenger car in which an inaccurate or incorrect or inoperable odometer system is installed or exists. Such period may be extended by order of the court.
Haw. Rev. Stat. § 486-120 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-120
"Island fresh" milk.
Status: in_force

(a) No person shall keep, offer, display, expose for sale, or solicit for the sale of any processed milk or milk product which is labeled with the term "island fresh", or like terms, or which by any other means misrepresents the origin of the item as being from any place within the State unless the processed milk or milk product has been at least ninety per cent, by weight, produced in the State.

(b) It shall be unlawful for any person to sell or offer to sell to a consumer, or expose for sale to a consumer, any processed milk or milk product for human consumption which has been at least ninety per cent produced within the State, without providing notice to the consumer that the processed milk or milk product has been locally produced. The notice shall be made by displaying on a conspicuous area on the principal display panels of the carton or container a label or sign printed in bold face or other distinctive type stating that the product is "island fresh" or using another similar term.

(c) For the purpose of this section:

"Carton" or "container" means a package containing processed milk or milk products.

"Consumer" means any person who purchases processed milk or milk products.

"Processed milk or milk product" means processed fresh milk and fresh milk products. [L 1991, c 153, pt of §6]
Haw. Rev. Stat. § 478-9 — HI Code / Division 2 / Title 26 / Chapter 478 / Section 478-9
[OLD] REPEALED.
Status: in_force

L 1980, c 188, §4.

§478-9 Rejection of federal law. It is hereby explicitly stated by the terms of this section that the provisions of Title V, Part A-Mortgage Usury Laws, Mortgages, section 501(a)(1) and of Part B-Business and Agricultural Loans, of the Depository Institutions Deregulation and Monetary Control Act of 1980 shall not apply with respect to loans, mortgages, credit sales, and advances made in this State, and that this State does not want the provisions of Title V, Part A-Mortgage Usury Laws, Mortgages, section 501(a)(1) and of Part B-Business and Agricultural Loans, of the Depository Institutions Deregulation and Monetary Control Act of 1980 to apply with respect to loans, mortgages, credit sales, and advances made in this State. [L 1980, c 188, §1; ren and am L 1986, c 137, pt of §1; am L 1988, c 141, §51]
Haw. Rev. Stat. § 486-29 — HI Code / Division 2 / Title 26 / Chapter 486 / Section 486-29
Hindering or obstructing an officer or inspector; bribery; penalties.
Status: in_force

Any person who shall hinder or obstruct in any way an inspector or any other officer or employee of this State in the performance of the inspector's, officer's, or employee's official duties prescribed by this chapter or any rule adopted under this chapter, shall be guilty of a misdemeanor.

Any person who shall give, pay, or offer, directly or indirectly, to any inspector or any other officer or employee of this State authorized to perform any of the duties prescribed by this chapter or any rule or order adopted or issued pursuant to this chapter, any money or other thing of value, with intent to influence the inspector, or other officer or employee of this State, in the discharge of any duty herein provided for, shall be guilty of a misdemeanor.

Any inspector or other officer or employee of the State authorized to perform any of the duties prescribed by this chapter or any rule adopted under it who shall accept any money, gift, or other thing of value from any person, given with intent to influence the inspector's, officer's, or employee's official action, shall be summarily discharged from the inspector's, officer's, or employee's employment and shall be guilty of a misdemeanor. [L 1988, c 156, pt of §3; am L 1991, c 153, §15]
Haw. Rev. Stat. § 481G-3 — HI Code / Division 2 / Title 26 / Chapter 481G / Section 481G-3
Distribution of products; dealership required.
Status: in_force

No distributor shall sell, consign, exchange, or otherwise transfer any product to any dealer for sale or resale in this State except by way of a dealership.
Haw. Rev. Stat. § 476-9 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-9
Late charges; court costs; attorney's fees.
Status: in_force

The holder of a credit sale contract, including any financial services loan company, may, if the contract so provides, collect a late charge on each installment in default for a period not less than ten days in an amount not in excess of $50 or five per cent of each delinquent installment, or portion thereof which remains unpaid on the due date agreed upon in the contract whichever is less, and the late charge shall not be assessed more than once for the same delinquent installment. The seller or other holder shall give the buyer written notice of the assessment of the late charges prior to the due date of the next contractual payment. No late charges shall be assessed after the acceleration of the maturity of the contract. In addition to the late charge, the contract may provide for the payment of costs of the action together with reasonable attorney's fees where the contract is referred for collection to an attorney or licensed collector who is not a salaried employee or officer of the holder of the contract.
Haw. Rev. Stat. § 476-17 — HI Code / Division 2 / Title 26 / Chapter 476 / Section 476-17
Subsequent inclusion of other security.
Status: in_force

In a contract for a sale primarily for a personal, family, or household purpose, no provision for the subsequent inclusion of title to or a subsequent lien upon or a subsequent security interest in any goods, other than the goods which are the subject matter of or original security for the credit sale, or accessories thereto, or special or auxiliary equipment used in connection therewith, or in substitution, in whole or in part, for any thereof, as security for payment of the time sale price, shall be enforceable.
Haw. Rev. Stat. § 484-19 — HI Code / Division 2 / Title 26 / Chapter 484 / Section 484-19
Service of process.
Status: in_force

(a) In addition to the methods of service provided for in the Hawaii rules of civil procedure, service may be made by delivering a copy of the process to the office of the director of commerce and consumer affairs, but it is not effective unless the plaintiff (which may be the director in a proceeding instituted by it):

(1) Forthwith sends a copy of the process and of the pleading by certified mail to the defendant or respondent at the defendant's or respondent's last known address; and

(2) The plaintiff's affidavit of compliance with this section is filed in the case on or before the return day of the process, if any or within such further time as the court allows.

(b) If any person, including any nonresident of this State, engages in conduct prohibited by this chapter or any rule or order hereunder, and has not filed a consent to service of process and personal jurisdiction over the person cannot otherwise be obtained in this State, that conduct authorizes the director to receive service of process in any noncriminal proceeding against the person or the person's successor which grows out of that conduct and which is brought under this chapter or any rule or order hereunder, with the same force and validity as if served on the person personally. Notice shall be given as provided in subsection (a). [L 1967, c 223, §19; HRS §484-19; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985]
Haw. Rev. Stat. § 480D-2 — HI Code / Division 2 / Title 26 / Chapter 480D / Section 480D-2
Definitions.
Status: in_force

As used in this chapter:

"Consumer debt" means any debt of a natural person incurred primarily for personal, family, or household purposes.

"Debt" means any obligation or alleged obligation of a person to pay money arising out of any transaction, whether or not the obligation has been reduced to judgment.

"Debt collector" means any person, who is not a collection agency regulated pursuant to chapter 443B, and who in the regular course of business collects or attempts to collect consumer debts owed or due or asserted to be owed or due to the collector.

"Person" means an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons, or any combination thereof. [ L 1987, c 191, pt of §2; am L 2008, c 19, §10]
Haw. Rev. Stat. § 485A-804 — HI Code / Division 2 / Title 26 / Chapter 485A / Section 485A-804
Third-party disclosures.
Status: in_force

If a qualified person reasonably believes that financial exploitation of an elder or a vulnerable adult may have occurred, may have been attempted, or is being attempted, a qualified person may notify a reasonably associated individual or any third party previously designated by the elder or vulnerable adult. Disclosure shall not be made to any reasonably associated individual or previously designated third party who is suspected of financial exploitation or other abuse of the elder or vulnerable adult.
Haw. Rev. Stat. § 486P-2 — HI Code / Division 2 / Title 26 / Chapter 486P / Section 486P-2
Reports to attorney general.
Status: in_force

(a) Except as provided in subsection (b), any tobacco product manufacturer selling cigarettes to consumers within this State (whether directly or through a distributor, retailer or similar intermediary or intermediaries) shall file a report with the attorney general setting forth:

(1) Its name and trade name (if any);

(2) The address of its principal place of business;

(3) A memorandum or a copy of the invoice covering each and every shipment of cigarettes made during the previous calendar quarter into this State; and

(4) Other information as may be required by the attorney general.

The memorandum or copy of the invoice shall include the name and address of the person to whom the shipment was made, the brand, and the quantity of cigarettes shipped. The attorney general may prescribe the format the report shall take. The report shall be filed with the attorney general not later than the thirtieth day of each calendar quarter covering the previous calendar quarter.

(b) In lieu of the reports required to be provided in subsection (a), any tobacco product manufacturer that is a signatory to the Master Settlement Agreement, as defined in section 675-2, and whose cigarettes are sold to consumers within this State (whether directly by the manufacturer or through a distributor, retailer, or similar intermediary or intermediaries), may file with the attorney general copies of reports that the tobacco product manufacturer submits to the department of taxation regarding its sales activities in this State.

(c) Information provided to the attorney general pursuant to this section that tends to identify customers of tobacco product manufacturers, terms of sale (including price), and non-aggregated sales volume data shall be exempt from disclosure under section 92F-11.

(d) Notwithstanding any law to the contrary, the department of taxation shall provide to the attorney general any information necessary for the proper administration and enforcement of this chapter and chapter 675, including: access to inspect, examine, and use the tax returns and records that are required to be filed pursuant to this chapter, chapter 245, chapter 675, or Title 15 United States Code section 376 by any entity engaged in the business of manufacturing, wholesaling, distributing, or dealing in cigarettes or tobacco products on file with the department of taxation. For purposes of this chapter "entity" means one or more individuals, a company, corporation, a partnership, an association, or any other type of legal entity.

(e) Any entity that is required to file a return or report pursuant to this chapter, chapter 245, chapter 675, or Title 15 United States Code section 376 shall also provide any information that the department of the attorney general may deem necessary, for the proper administration of this chapter or chapter 675. [L 2000, c 170, pt of §1; am L 2001, c 270, §12]
Haw. Rev. Stat. § 481R-13 — HI Code / Division 2 / Title 26 / Chapter 481R / Section 481R-13
Enforcement.
Status: in_force

(a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder, which is consistent with the provisions of this chapter. The commissioner may conduct investigations and examinations of warrantors, administrators, insurers, or other persons. If a warrantor has violated this chapter, or rules or orders under this chapter, the commissioner may issue an order:

(1) Requiring a person to cease and desist from violating this chapter or rules or orders under this chapter;

(2) Prohibiting a person from selling or offering for sale vehicle protection product warranties in violation of this chapter;

(3) Imposing a civil penalty on a person, in addition to attorneys' fees and costs incurred in the investigation and prosecution of a violation of this chapter, as follows:

(A) For persons acting negligently or recklessly, not more than $5,000 per violation; or

(B) For persons acting intentionally or knowingly, not more than $10,000 per violation.

The terms "negligently", "recklessly", "knowingly", and "intentionally" shall have the meanings provided in section 702-206; or

(4) Any combination of the foregoing, as deemed appropriate by the commissioner.

(b) A person aggrieved by an order under this section may request a hearing before the commissioner, conducted subject to chapter 91. The hearing request shall be filed with the commissioner within twenty days of the effective date of the commissioner's order. Upon filing of a hearing request, the order shall be suspended from its effective date, until completion of the hearing and final decision of the commissioner. At the hearing, the commissioner shall have the burden of proof to show that the order is justified.

(c) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to remedy threatened or existing violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter, rules established pursuant to this chapter, or orders of the commissioner. [L 2002, c 237, pt of §1]
Haw. Rev. Stat. § 489D-11 — HI Code / Division 2 / Title 26 / Chapter 489D / Section 489D-11
Issuance of license; grounds for denial.
Status: in_force

(a) Upon the filing of a complete application, the commissioner shall investigate the financial condition and responsibility, financial and business experience, character, and general fitness of the applicant. The commissioner may conduct an on-site investigation of the applicant, the reasonable cost of which shall be borne by the applicant.

(b) If the commissioner finds that:

(1) The applicant's business will be conducted honestly, fairly, and in a manner commanding the confidence and trust of the community;

(2) The applicant has fulfilled the requirements imposed by this chapter; and

(3) The applicant has paid the required license fee,

the commissioner shall issue a license to the applicant authorizing the applicant to engage in the licensed activities in the State for a term expiring on December 31 of the calendar year in which the license is issued.

(c) If the commissioner is not satisfied that the applicant meets all the criteria set forth for approval, the commissioner shall issue a written decision denying the application.

(d) Any applicant aggrieved by a denial issued by the commissioner under this chapter may submit a request for a contested case hearing in accordance with chapter 91. [L 2006, c 153, pt of §1; am L 2008, c 195, §7]