reglab/housing_qa huggingface dataset:
HI Rev Stat § 481A-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481A. Uniform Deceptive Trade Practice Act|481A-4 Remedies.

  §481A-4 Remedies. (a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.  (b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which the party knew to be groundless, or (2) the party charged with a deceptive trade practice has wilfully engaged in the trade practice knowing it to be deceptive.  (c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. [L 1969, c 187, pt of §1; gen ch 1985] Case Notes  Where there was no evidence in the record that plaintiffs knew that their claim under this chapter was "groundless", as required for an award of attorneys' fees under subsection (b), trial court did not err in denying defendant's motion for attorneys' fees and costs under this section. 98 H. 309, 47 P.3d 1222.  Where plaintiffs' claims were based on a common core of facts, occurred roughly within the same two-month span of time, and were based on similar legal theories, such that it appeared that counsels' time was devoted largely to the litigation as a whole and not divisible into discrete slivers neatly matching each claim advanced, and the trial judge was in the best position to assess the reasonableness of counsels' actions, trial court did not abuse its discretion in awarding fifty per cent of the attorneys' fees requested by plaintiffs. 116 H. 42 (App.), 169 P.3d 994.
HI Rev Stat § 481A-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481A. Uniform Deceptive Trade Practice Act|481A-5 Application.

  §481A-5 Application. (a) This chapter does not apply to:   (1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;   (2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or   (3) Actions or appeals pending on July 14, 1969.   (b) Sections 481A-3(a)(2) and 481A-3(a)(3) do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before July 14, 1969 if the use was in good faith and is otherwise lawful except for this chapter. [L 1969, c 187, pt of §1] Revision Note  "July 14, 1969" substituted for "the effective date of this Act" and "the effective date of this chapter".
HI Rev Stat § 481B-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-1 Unsolicited goods, etc., unconditional gift.

Note Part I designation added by L 2001, c 281, §2.  §481B-1 Unsolicited goods, etc., unconditional gift. No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, property, or merchandise, where the offer includes the voluntary and unsolicited sending of goods, property, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, property, or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner the recipient sees fit without any obligation on the recipient's part to the sender. [L 1969, c 84, §1; gen ch 1985; am L 1996, c 59, §3]
HI Rev Stat § 481B-1.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-1.5 Same, commercial mail order buying clubs.

  §481B-1.5 Same, commercial mail order buying clubs. (a) Any person who is regularly engaged in the business of selling or offering for sale goods, property, or merchandise through a mail order scheme whereby the purchaser contracts or promises to buy a certain quantity of such goods, property, or merchandise periodically over a certain period of time with an option to make certain purchases or to choose alternative goods, property, or merchandise shall, for each separate order and before delivery of any item, supply the purchaser with an order form stating the various options available to the purchaser. No such person shall send to any purchaser such goods, property, or merchandise except pursuant to an order duly made by the purchaser on such an order form.   (b) The receipt of any goods, property, or merchandise sent in violation of subsection (a) shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner the recipient sees fit without any obligation on the recipient's part to the sender. Violation of subsection (a) is unlawful and shall be subject to the penalty provided in section 481B-4. [L 1974, c 255, §1; gen ch 1985]
HI Rev Stat § 481B-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-2 Aid to handicapped, misrepresentation as to.

  §481B-2 Aid to handicapped, misrepresentation as to. (a) It shall be unlawful for any person engaging in business for profit or the person's agents to represent that proceeds from the sale or services by such person or the person's agent are for the benefit of individuals on account of their being disabled or handicapped when, in fact, the proceeds will not be so used.   (b) A disabled or handicapped person who solicits sales of goods or services by telephone and who represents that the person is a disabled or handicapped person shall disclose:   (1) The person's name and vocational rehabilitation certificate number.   (2) Who the person's employer is.   (3) The amount of remuneration or commission the person will receive from the sale of the goods or services.   (4) That the person represents a business for profit which is owned by persons who are not disabled or handicapped if such is the fact. [L 1969, c 213, pt of §1; gen ch 1985]
HI Rev Stat § 481B-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-3 Certificate.

  §481B-3 Certificate. The vocational rehabilitation section of the department of human services shall issue a numbered certificate to a disabled or handicapped person who will engage in the solicitation of goods or services by telephone.   The certificate shall certify that the applicant is a handicapped or disabled person, with a handicap or disability which constitutes a substantial permanent or semi-permanent handicap to employment. The certificate shall be good for one year and may be renewed.   No person in soliciting the sale of goods or services by telephone shall represent that the person is a disabled or handicapped person if the person does not have a certificate from the vocational rehabilitation section of the department of human services. [L 1969, c 213, pt of §1; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]
HI Rev Stat § 481B-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-4 Remedies.

  §481B-4 Remedies. Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2. L 1969, c 213, §4; am L 1974, c 255, §2; am L 1996, c 59, §4; am L 2008, c 19, §13 Case Notes  Plaintiff hotel employees' claim, brought pursuant to § §480-2 and 481B-14 and this section, was not preempted by §301 of the Labor Management Relations Act, 29 U.S.C. §185(a), because plaintiffs were not enforcing a right conferred only by the collective bargaining agreement (agreement) but rather an independent right conferred by state law; resolution of plaintiffs' state law claim was not dependent on any provision contained in the agreement and did not require interpretation of the agreement. 835 F. Supp. 2d 914 (2011).  Plaintiffs' claim pursuant to § §481B-14 and 480-2 and this section dismissed because (1) they had not alleged harm to competition; (2) merely alleging competition between hotels that result in lower prices did not give rise to antitrust injury; (3) no authority to support plaintiffs "competing" with defendant for tips, that there was a competitive market that defendant was a part of for tips, or that defendant's actions regarding service charges had a negative effect on that market; and (4) statements that their injuries were "inextricably intertwined" with defendant's acts did not establish that defendant caused any negative effect on competition. 835 F. Supp. 2d 914 (2011).  Where employees asserted an unfair method of competition claim based on a violation of §481B-14, circuit court erred in granting employers' motion for summary judgment because employees sufficiently proved that: (1) employers' conduct negatively affected competition; and (2) the unlawful conduct injured employees in their business or property by depriving employees of tip income to which they were entitled. 133 H. 1, 323 P.3d 792 (2014).
HI Rev Stat § 481B-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-5 REPEALED

  §481B-5 REPEALED. L 1997, c 79, §2.
HI Rev Stat § 481B-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-6 Sale of solar energy devices; disclosure requirements.

  §481B-6 Sale of solar energy devices; disclosure requirements. (a) No person shall advertise, offer to sell, or sell a solar energy device unless the person clearly discloses separately the following information concerning the sale price of the solar energy device to the consumer:  (1) The cost of the solar energy device and accessories related to the operation of the solar energy device and for their installation; and  (2) The cost of items unrelated to the operation of the solar energy device, including but not limited to, "free gifts", offers to pay electric bills, rebates, and other incentives designed to promote the sale of the solar device.  (b) As used in this section, "solar energy device" means any new identifiable facility, equipment, apparatus, or the like which makes use of solar energy for heating, cooling, or reducing the use of other types of energy dependent upon fossil fuel for its generation. [L 1980, c 177, §1; am L 1996, c 59, §5; am L 2008, c 19, §15]
HI Rev Stat § 481B-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-7 Sale of computers; disclosure requirements.

  §481B-7 Sale of computers; disclosure requirements. No person shall advertise, offer to sell, or sell a computer, if the person has removed or replaced or had removed or replaced any computer part or component from the computer as received from the manufacturer, unless the person conspicuously discloses in type of no less than eight point size, all parts removed or replaced in writing to the consumer.   As used in this section "computer" has the same meaning as defined in section 708-890. [L 1987, c 74, §1]
HI Rev Stat § 481B-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-11 Sensitivity-awareness group seminars.

  §481B-11 Sensitivity-awareness group seminars. Any person who deposits any money to attend a sensitivity-awareness group seminar and before the first day of the seminar, requests to cancel his or her right to attend and requests a refund of moneys deposited or paid, shall be refunded in full less identifiable nonrecoverable costs not to exceed the lesser of $50 or twenty per cent of the price of the course, by the sensitivity-awareness group. Any person who while attending or after completing a sensitivity-awareness seminar, deposits any money to attend subsequent seminars of a sensitivity-awareness group and within five days of making the deposit or before the first day of the subsequent seminar, whichever occurs later, requests to cancel his or her right to attend and requests a refund of moneys deposited or paid, shall be refunded in full less identifiable nonrecoverable costs not to exceed the lesser of $50 or twenty per cent of the price of the course, by the sensitivity-awareness group. Any offering of a sensitivity-awareness group seminar by a representative of the sensitivity-awareness group sponsoring the sensitivity-awareness group seminar shall disclose to the offeree these rights of refund.  For purposes of this section, "sensitivity-awareness groups" includes any individual, associated group of persons, or organizations which advertise or assert that attendance by persons at seminars, meetings, training sessions, therapy sessions, or the like sponsored by the individual, group, or organization, will help the persons attending have greater self-awareness or awareness of others, greater self-understanding or understanding of others, or greater capacity for life adjustment or success in life; provided that psychological or psychotherapeutic techniques are used as part of the individual's, group's, or organization's methodology at the seminars, meetings, training sessions, therapy sessions, or the like. The term "sensitivity-awareness groups" does not include licensed psychologists, or psychologists with a temporary permit, in accordance with chapter 465, or a psychiatrist licensed in accordance with chapter 453, who teach, direct, administer, conduct, preside over, or are similarly involved in seminars, meetings, training sessions, therapy sessions, or the like.  "Sensitivity-awareness group seminars" means any seminar, meeting, training session, therapy session, or the like sponsored by a sensitivity-awareness group for which monetary compensation is required from persons to attend. [L 1982, c 150, §2; am L 1985, c 115, §17; am L 1996, c 59, §6; am L 2008, c 19, §16]
HI Rev Stat § 481B-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-12 Credit repair organizations.

  §481B-12 Credit repair organizations. (a) No person shall:  (1) Solicit or induce a consumer to pay money or other valuable consideration based on false representations that the person can erase, correct, repair, alter, or otherwise modify an accurately reported consumer credit history;  (2) Solicit or induce a consumer to pay money or other valuable consideration for the referral of a consumer to a credit granting entity, if that person knows or has reason to know that the consumer will be granted credit, if at all, by the entity on substantially the same terms as those available to the general public;  (3) Make or counsel or advise a consumer to make any statement which is untrue or misleading or that the person should know by the exercise of reasonable care to be untrue or misleading, to a credit reporting agency or to any credit granting entity with respect to that customer's creditworthiness, credit standing, or credit capacity; or  (4) Provide advice or assistance with regard to any of the foregoing activities.  (b) For the purposes of this section, "consumer" means a natural person acting in his or her own personal capacity.  (c) Any violation of this section shall constitute an unfair or deceptive act or practice in the conduct of trade or commerce under section 480-2. [L 1989, c 152, §1]
HI Rev Stat § 481B-15 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-15 Ticket brokers; fees; cancellation.

 §481B-15 Ticket brokers; fees; cancellation.  (a) No ticket broker shall charge a fee for the use of a credit card to purchase tickets without first disclosing that a fee will be charged.  (b) A ticket broker shall refund any and all service fees charged for the purchase of a ticket when the public exhibition, game, contest, or performance for which the ticket was purchased is canceled.  (c) For the purposes of this section, "ticket broker" means any person engaged in the business of selling tickets of admission or any other evidence of right of entry to a theater, place of amusement or entertainment, or other place where public exhibitions, games, contests, or performances are held, at a price greater than the price printed on the ticket. [L 2007, c 185, §1]
HI Rev Stat § 481B-16 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-16 Protection of military; lending practices.

  §481B-16 Protection of military; lending practices. (a)  The director of commerce and consumer affairs may enforce title 10 United States Code section 987, (section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law No. 109-364), and federal regulations promulgated thereunder, including but not limited to title 32 Code of Federal Regulations part 232.  (b) The director of commerce and consumer affairs may enter into an agreement with the United States Federal Trade Commission to allow the director to access the Military Sentinel Network maintained by the Federal Trade Commission for the purpose of enforcing subsection (a). [L 2012, c 249, §2]
HI Rev Stat § 481B-21 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-21 Definitions.

  §481B-21 Definitions. As used in this part, unless the context otherwise requires:  "Claimant" means the person alleging a violation of this part.  "Domain name" means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an electronic address on the Internet.  "Mark" includes "trademarks", "trade names", and "service marks" as defined in [section] 481A-2.  "Person" means an individual, corporation, government, governmental subdivision or agency, business trust, estate, trust, partnership, limited liability company, association, joint venture, public corporation, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.  "Traffics in" refers to transactions that include, but are not limited to, sales, purchases, loans, pledges, licenses, exchanges of currency, or any other transfer for consideration or receipt in exchange for consideration. [L 2001, c 281, pt of §1]
HI Rev Stat § 481B-22 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-22 Cybersquatting and cyber piracy prohibited.

  §481B-22 Cybersquatting and cyber piracy prohibited. (a) A person shall be liable in a civil action by the owner of any distinctive mark registered and used in Hawaii, without regard to the goods or services of the parties, if that person in bad faith: registers, traffics in, or uses a domain name that is identical or confusingly similar to that mark.  (b) Any person who in bad faith registers a domain name that consists of the name of another living person, or a name substantially and confusingly similar thereto, without that person's consent, shall be liable in a civil action by the person.  (c) A person shall be liable for using a domain name under [subsection (a)] only if that person is the domain name registrant or the registrant's authorized licensee. [L 2001, c 281, pt of §1]
HI Rev Stat § 481B-23 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|481B. Unfair and Deceptive Practices|481B-23 Determining bad faith intent.

  §481B-23 Determining bad faith intent. (a) In any action brought pursuant to this part, it shall be the claimant €™s burden to prove by a preponderance of the evidence the person €™s bad faith intent. In determining whether there is bad faith intent pursuant to section 481B-22, a court may consider factors, including, but not limited to, the following:  (1) The trademark or other intellectual property rights of the person, if any, in the domain name;  (2) The person €™s prior use, if any, of the domain name in connection with the bona fide offering of any goods or services;  (3) The person €™s bona fide noncommercial or fair use of the mark in a site accessible under the domain name;  (4) The person €™s intent to divert users from the mark owner €™s online location to a site accessible under the domain name that could harm the goodwill represented by the mark, either for commercial gain or to tarnish or disparage the mark, by creating a likelihood of confusion as to the source, sponsorship, affiliation, or endorsement of the site;  (5) The extent to which the domain name consists of the legal name of the person or a name that is otherwise commonly used to identify the person;  (6) The person €™s offer to transfer, sell, or otherwise assign the domain name for financial gain without having used or having an intent to use, the domain name in the bona fide offering of any goods or services or the person €™s prior conduct indicating a pattern of such conduct;  (7) The person €™s provision of material and misleading false contact information when applying for the registration of the domain name, the person €™s intentional failure to maintain accurate contact information, or the person €™s prior conduct indicating a pattern of such conduct;  (8) The person €™s registration or acquisition of multiple domain names that the person knew were identical or confusingly similar to marks of others that were distinctive at the time of registration of the domain names, without regard to the goods or services of the parties;  (9) The person €™s registration or acquisition of multiple domain names that the person knew were identical or confusingly similar to the name of another living person, without the person €™s consent; and  (10) The person sought or obtained consent from the rightful owner to register, traffic in, or use the domain name.  (b) Bad faith intent described in subsection (a) shall not be found in any case in which the court determines that the person alleged to be in violation of this part believed and had reasonable grounds to believe that the use of the domain name was a fair use or otherwise lawful. [L 2001, c 281, pt of §1]