reglab/housing_qa huggingface dataset:
HI Rev Stat § 486P-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486P. Tobacco Products Reporting|486P-6 Directory; updates; information to be maintained and provided.

  §486P-6 Directory; updates; information to be maintained and provided. (a) Not later than November 1, 2003, the attorney general shall develop and make available for public inspection, a directory that includes a list of all tobacco product manufacturers that have provided a current and accurate certification conforming to the requirements of section 486P-5, and a list of all brand families that are listed in the certification; provided that:  (1) The attorney general shall not include or retain in the directory the name or brand families of any nonparticipating manufacturer that fails to provide the required certification or whose certification the attorney general determines is not in compliance with section 486P-5 unless the attorney general has determined that such violation has been cured to the satisfaction of the attorney general;  (2) Neither a tobacco product manufacturer nor a brand family shall be included or retained in the directory if the attorney general concludes, in the case of a nonparticipating manufacturer, that:  (A) Any escrow payment required pursuant to section 675-3(b)(1) for any period for any brand family, whether or not listed by the nonparticipating manufacturer, has not been fully paid into a qualified escrow fund governed by a qualified escrow agreement that has been approved by the attorney general; or  (B) Any outstanding final judgment, including interest thereon, for a violation of section 675-3(b) has not been fully satisfied by the manufacturer or brand family.  (b) The attorney general shall update the directory as necessary to correct mistakes and to add or remove a tobacco product manufacturer or brand family to keep the directory in conformity with the requirements of this chapter.  (c) Every entity licensed under chapter 245 shall:  (1) Provide to the attorney general and update as necessary an electronic mail address for the purpose of receiving any notifications hereunder; and  (2) Not later than thirty days after the end of each month, and more frequently if so directed by the attorney general, submit to the attorney general such information as the attorney general requires to facilitate compliance with this chapter, including but not limited to:  (A) A list by brand family of the total number of cigarettes, or in the case of roll-your-own, the equivalent stick count for which the licensee affixed stamps during the previous calendar month or otherwise paid the tax due for such cigarettes; and  (B) Samples of each brand family, as may be necessary to enable the attorney general to determine whether a tobacco product manufacturer or licensed entity is in compliance with this chapter.  (3) Maintain, and make available to the attorney general, all invoices and documentation of sales of all nonparticipating manufacturer cigarettes and any other information relied upon in reporting to the attorney general for a period of five years. [L 2003, c 77, pt of §2]
HI Rev Stat § 486P-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|486P. Tobacco Products Reporting|486P-7 Use and disclosure of information.

 §486P-7 Use and disclosure of information. The information received by the attorney general under this chapter shall be used only for purposes of enforcement of this chapter, chapter 245, and chapter 675; provided that the attorney general may share any information with authorities of other states or the federal government for the purpose of enforcement of similar state statutes upon receipt of adequate assurance from those authorities that the information will be used only for that purpose.  Information received by the attorney general under this chapter that tends to identify customers of tobacco product manufacturers, terms of sale, including price, and nonaggregated sales volume data, shall be exempt from disclosure under section 92F-11. [L 2003, c 77, pt of §2]
HI Rev Stat § 487-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-1 Legislative intent.

  §487-1 Legislative intent. The public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the consumer public and the legitimate business person. Toward this end, a permanent office of consumer protection is created to coordinate the services offered to the consumer by various state and county agencies, together with private organizations, and to aid in the development of preventive and remedial programs affecting the interest of the consumer public. [L 1969, c 175, §1; gen ch 1993] Case Notes  A duty of care may be established by statute if a legislative enactment lays down requirements of conduct, and provides expressly or by implication that a violation shall entail civil liability in tort; as this section states the purpose behind the creation of an office of consumer protection but does not provide any standard governing conduct or any provision which prescribes a duty, this section does not create nor is indicative of a standard of care in a claim for negligence. 128 H. 423, 290 P.3d 493 (2012).
HI Rev Stat § 487-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-2 Office of consumer protection; director.

  §487-2 Office of consumer protection; director. There is created within the department of commerce and consumer affairs an office of consumer protection. The director of commerce and consumer affairs shall be the director of the office of consumer protection and may appoint an executive director of the office of consumer protection. The executive director shall have been admitted to practice law before the supreme court of this State and shall be exempt from chapter 76. [L 1969, c 175, §2; am L 1980, c 302, pt of §2; am L 1982, c 204, §2; gen ch 1985; am L 1988, c 60, §3; am L 2000, c 253, §150]
HI Rev Stat § 487-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-3 Personnel.

  §487-3 Personnel. (a) The director may appoint as staff members persons who have been admitted to practice law before the supreme court of this State without regard to chapter 76. All other employees shall be appointed by the director in accordance with chapter 76.  (b) The director may, by contract, retain the services of special consumer protection attorneys for the prosecution of consumer-related matters. The special consumer protection attorneys shall serve at the pleasure of the director. At the option of the director, special consumer protection attorneys may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or through a contingent fee arrangement to be specified in the contract and payable out of all sums the special consumer protection attorney recovers for the State by judgment, order, assurance of voluntary compliance, or settlement. [L 1969, c 175, §3; am L 1995, c 73, §3; am L 2000, c 253, §150]
HI Rev Stat § 487-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-4 Salary and duties of executive director; benefits.

  §487-4 Salary and duties of executive director; benefits. The director may define the executive director's powers and duties and fix the executive director's compensation. The executive director and attorney staff members shall be entitled to participate in any employee benefit plan. [L 1969, c 175, §4; am L 1975, c 58, §21; am L 1982, c 129, §18; am L 1986, c 128, §16; am L 1988, c 60, §4]
HI Rev Stat § 487-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-6 Consumer advisory council.

  §487-6 Consumer advisory council. There shall be a consumer advisory council consisting of eleven members who shall be appointed by the governor and serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the council shall be selected by the members. Each member shall serve without pay and shall be reimbursed for necessary expenses incurred while attending meetings and while in the discharge of the member's responsibilities. The council shall assist the office of consumer protection and the director of commerce and consumer affairs in an advisory capacity in carrying out the duties and functions of the office. [L 1969, c 175, §7; am L 1982, c 204, §3; gen ch 1985, 1993]
HI Rev Stat § 487-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-7 Cooperation with office of consumer protection.

  §487-7 Cooperation with office of consumer protection. Each department, agency, officer and employee of the State and of the counties shall cooperate with and assist the office of consumer protection in the performance of the functions, powers and duties of the office. [L 1969, c 175, §7]
HI Rev Stat § 487-8 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-8 Powers and duties of other departments and agencies.

  §487-8 Powers and duties of other departments and agencies. Nothing contained in this chapter shall be deemed to delegate or detract in any way from the functions, powers and duties prescribed by law for any other department or agency of the State, nor to interrupt or preclude the direct relationships of any such department or agency or units of county government in the performance of such functions, powers and duties. [L 1969, c 175, §8]
HI Rev Stat § 487-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-9 Investigations.

  §487-9 Investigations. The director in the course of the director's investigations may subpoena witnesses, examine them under oath, and require the production of books, papers, documents, or objects which the director deems relevant to the investigation. Service of the subpoena may be made personally within this State, but if personal service cannot be obtained, substituted service may be made on any witness over whom the courts can exercise jurisdiction pursuant to chapter 634, in the following manner:  (1) Personal service outside the State;  (2) Mailing by registered or certified mail to the last known place of business, residence, or abode within or without this State of the person to be served;  (3) As to any person other than a natural person, in the manner provided in the Hawaii rules of civil procedure as if a complaint had been filed; or  (4) Such service as the circuit court may direct in lieu of personal service within this State. Upon application by the director, obedience to the subpoena may be enforced by the circuit courts of this State in the county where the person subpoenaed resides or is found in the same manner as a subpoena issued by the clerk of a circuit court. If the person is a nonresident or has no principal place of business within this State, obedience to the subpoena may also be enforced by a circuit court of this State in the county where the subpoena was issued. The director may conduct hearings in aid of any investigation or inquiry, and may prescribe forms and adopt rules as may be necessary in the interest of the consumer public. [L 1969, c 175, §9; am L 1976, c 94, §1; gen ch 1985; am L 1998, c 200, §1] Cross References  Hearings, see chapter 91. Rules of Court  Service of process, see HRCP rule 4.
HI Rev Stat § 487-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-10 Investigators, appointment and powers.

  §487-10 Investigators, appointment and powers. The director shall appoint and commission one or more investigators as the exigencies of the public service may require. Persons appointed and commissioned under this section shall have and may exercise all the powers and authority of a police officer or of a deputy sheriff in the service of process or in the service of subpoenas. [L 1969, c 175, §10; am L 1989, c 211, §10; am L 1990, c 281, §11; am L 2016, c 5, §1]
HI Rev Stat § 487-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-11 REPEALED.

  §487-11 REPEALED. L 1988, c 60, §6.
HI Rev Stat § 487-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-12 Assurance of voluntary compliance.

  §487-12 Assurance of voluntary compliance. In lieu of instituting or continuing an investigation or action pursuant to section 487-5(6), the director may accept written assurance of voluntary compliance from the person or persons suspected of violation. The director will obtain the agreement of the affected consumers where possible. In no event shall the fact that a person who enters into an assurance of voluntary compliance be considered an admission of violation, nor shall such written assurance constitute prima facie evidence of any violation. The assurance may include a stipulation for reimbursement to some or all consumers who have been damaged by an alleged unlawful act or practice and payment of costs of investigation. All assurances of voluntary compliance may be made a matter of public record. A consumer need not accept restitution pursuant to the stipulation, but the consumer's stipulated agreement to the assurance or the consumer's acceptance and full performance of restitution shall bar recovery of any other damages in any action on account of the same acts or practices by the consumer against the person or persons making restitution. [L 1974, c 61, §1; gen ch 1985] Revision Note  Section "487-5(6)" substituted for "487-5(5)".
HI Rev Stat § 487-13 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-13 Unlicensed acts; penalties.

  §487-13 Unlicensed acts; penalties. (a) Any person who furnishes commodities or services for which a license, registration, or certificate is required from the department of commerce and consumer affairs or any board or commission thereunder without having such license, registration, or certificate is engaged in an unlawful act or practice and shall be subject to the penalty provided in subsection (b).  (b) Any person who engages in an unlawful act or practice as provided in subsection (a) shall be fined by a sum not less than $500 nor more than $2,500 for each unlawful act or practice, which sum shall be collected in a civil suit brought by the office of consumer protection or the department of commerce and consumer affairs.  (c) Any contract for the furnishing of commodities or services by an unlicensed, unregistered, or uncertificated person shall be void and shall prevent such person from recovering the contract price or the reasonable value thereof. [L 1974, c 120, §1; am L 1977, c 18, §1; am L 1982, c 204, §4; am L 1988, c 101, §1; am L 2008, c 19, §67]
HI Rev Stat § 487-15 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-15 Injunction.

  §487-15 Injunction. The director of commerce and consumer affairs or the office of consumer protection may bring civil proceedings to enjoin any violation of section 487-13(a) or any other unlawful act or practice affecting consumers, trade, or commerce. [L 1979, c 198, §1; am L 1982, c 204, §5; am L 1989, c 230, §4] Rules of Court  Injunctions, see HRCP rule 65.
HI Rev Stat § 487-16 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487. Consumer Protection|487-16 Appointment of receiver; powers; limitation.

  §487-16 Appointment of receiver; powers; limitation. (a) If the director initiates any action in circuit court under this chapter against a person for allegedly engaging in unfair or deceptive acts or practices in violation of section 480-2, the court may appoint a receiver for the assets of such person upon application by the director and proof submitted at a hearing on the application which is sufficient to establish that:   (1) The person previously engaged in a pattern of unfair or deceptive acts or practices which resulted in substantial actual damages to consumers;   (2) The person is outside the State or is actually removing or about to remove self or property outside the State or is concealing self or property; or   (3) The appointment of a receiver is necessary to preserve the assets of the person for the benefit of consumers allegedly damaged by the person's unfair or deceptive acts or practices.   (b) Subject to the limitation in subsection (c), a receiver appointed by the court pursuant to subsection (a) may sue for, collect, receive, and take into possession all the goods and chattels, rights, credits, moneys, effects, lands, tenements, books, records, documents, papers, choses in action, bills, notes, and property of every description, including property with which such property has been commingled, which is owned by or owing to the defendant. The receiver may sell, convey, or assign the property and hold or dispose of the proceeds thereof subject to the approval of the court.   (c) Prior to the judgment, the receiver shall exercise such powers enumerated in subsection (b) as may be necessary to preserve the assets of the defendant pending the judgment. [L 1983, c 35, §1] Rules of Court  Receivers, see HRCP rule 66.
HI Rev Stat § 487A-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487A. Language of Consumer Transactions|487A-2 Effect of noncompliance.

  §487A-2 Effect of noncompliance. Failure to comply with any requirement imposed by this chapter shall not render any agreement void or voidable nor shall it constitute a defense to any action to enforce such agreement or any action for breach of such agreement. [L 1980, c 36, pt of §1]
HI Rev Stat § 487A-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487A. Language of Consumer Transactions|487A-3 Attorney general or director of the office of consumer protection to enforce chapter.

 [ §487A-3] Attorney general or director of the office of consumer protection to enforce chapter. The attorney general or the director of the office of consumer protection may bring an action in the name of the State against any person to restrain and prevent any violation of this chapter. [L 1980, c 36, pt of §1]
HI Rev Stat § 487A-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487A. Language of Consumer Transactions|487A-4 Exempt transactions.

  §487A-4 Exempt transactions. This chapter shall not apply to any contract of insurance issued in this State. [L 1981, c 89, §3]
HI Rev Stat § 487D-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487D. Retail Merchant Club Cards|487D-1 Definitions.

  §487D-1 Definitions. For purposes of this chapter:  "Cardholder" means any consumer to whom a retail merchant club card is issued, and may include all persons holding the club card under the same account.  "Cardholder information" means the cardholder's name, mailing address, electronic mail address, and any unique membership identifiers assigned by the club card issuer to the cardholder for purposes of targeting marketing activities.  "Club card" means any card or device used for the purpose of obtaining access to purchase retail products through membership, for price discounts, or to receive other no-cost benefits provided by the retail merchant. A "club card" is not a credit card, charge card, or check cashing card.  "Club card issuer" means a retail merchant that provides club cards to consumers, and includes a contract information services provider of the retail merchant.  "Marketing purposes" means the categorization of cardholders based on the cardholder €™s shopping patterns, spending history, or behavioral characteristics derived from account activity that is provided to an unaffiliated third party for consideration.  "Personal information" means information associated with an actual person that is a name, an address, a telephone number, an electronic mail address, a driver's license number, a social security number, an employer, a place of employment, information related to employment, an employee identification number, a mother's maiden name, an identifying number of a depository account, a bank account number, a password used for accessing information, a taxpayer identification number, health insurance identification number, date of birth, a personal identification number (PIN), a government passport number, credit card number, or any other name, number, or code that is used to access personal financial information about the actual person.  "Retail merchant" means any retailer that sells food, products, or merchandise.  "Unaffiliated third party" means a business that is not under the corporate control or common ownership of the club card issuer or is not a contract information services provider of the retail merchant. [L 2004, c 92, pt of §2]
HI Rev Stat § 487D-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|487D. Retail Merchant Club Cards|487D-2 Retail merchant club cards; requirements.

  §487D-2 Retail merchant club cards; requirements. (a) No club card issuer shall request in a club card application, or require as a condition of obtaining a club card, that the applicant provide any personal information except name, address, and telephone number. If the club card issuer requires a unique identifier to confirm the identity of the applicant, the club card issuer may ask for the last four digits of the applicant's social security number.  (b) No club card issuer may sell or share a cardholder €™s name, address, telephone number, or any personal information to any unaffiliated third party except as permitted in this subsection. A club card issuer may share cardholder information for marketing purposes if the club card issuer complies with all the following:  (1) The club card issuer charges an annual fee for the club card and requires the cardholder to renew the club card annually;  (2) The club card issuer allows only cardholders to make purchases and not members of the general public;  (3) The club card issuer provides a written statement to the cardholder upon payment of the annual fee that notifies the cardholder that:  (A) The cardholder information may be shared with other businesses for purposes of marketing information;   (B) Payment of the annual fee means the cardholder has agreed to allow the club card issuer to share cardholder information; and  (C) The cardholder may choose to opt-out from the sharing of cardholder information; and  (4) The club card issuer obtains a written confidentiality agreement from the unaffiliated third party that the shared information will not be transferred to any other entity.  (c) The restrictions of subsection (a) shall not apply when the club card application form is used for the dual purpose of club card membership and establishing privileges for check cashing, check verification, or as a credit application; provided that no club card issuer shall require as a condition of obtaining a club card that the cardholder obtain the club card as an identification card for purposes of check cashing or credit.  (d) Nothing in this section prohibits a club card issuer from including on its club card application form a credit application to a designated credit card company and transmitting the credit application to the credit card company, provided that:  (1) The credit application form is separately identified as an option on the club card application form; and   (2) The credit application clearly discloses that the cardholder is applying for credit with the designated credit card company. [L 2004, c 92, pt of §2]