reglab/housing_qa huggingface dataset:
HI Rev Stat § 480-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-12 Contracts void.

  §480-12  Contracts void. Any contract or agreement in violation of this chapter is void and is not enforceable at law or in equity. L 1961, c 190, §10; Supp, §205A-10; HRS §480-12 Case Notes  Construing the evidence in plaintiff decedent's trustee's favor, there was sufficient evidence (decedent mortgagee's impairments, e.g., advanced age, inability to see or hear, and dementia, rendered decedent "incapable of reading, writing and understanding re-finance mortgage documents") that the mortgage between decedent and defendants was void under this section, such that plaintiff may continue to seek rescission under chapter 480. 848 F. Supp. 2d 1182 (2012).  Although a damage claim under §480-13 based on violations of §480-2 may only be asserted against the wrongdoer, a rescission claim under chapter 480 can stand against subsequent assignees if the contract is void; where plaintiff had alleged that defendant mortgage broker assigned or sold loans to other defendants, plaintiff could seek rescission against other defendants if mortgage broker violated chapter 480 and the loans were void; however, a plaintiff seeking affirmatively to void a mortgage transaction under this section must "place the parties in as close a position as they held prior to the transaction". 861 F. Supp. 2d 1153 (2012).  A partially illegal contract may be upheld by severing the illegal portion. 61 H. 607, 607 P.2d 1304.  Where plaintiff did not provide to homeowners the lien disclosure notices before or upon signing of the contract or prior to the commencement of the work as required by §444-25.5(a), plaintiff's conduct was an unfair or deceptive practice that rendered its contract void and unenforceable at law or in equity under this section; thus, plaintiff was not entitled to a lien upon homeowners' property under §507-42, and trial court did not err in dismissing its lien application. 111 H. 349, 141 P.3d 996.  As this section voided the contract between homeowner and contractor, §507-42 and this section precluded the imposition of a §507-42 lien upon the homeowner's property by contractor who failed to comply with the requirements of §444-25.5. 96 H. 365 (App.), 31 P.3d 222.  Section 444-25.5(d) and this section do not preclude some recovery in quantum meruit from a homeowner by a contractor who fails to comply with the requirements of §444-25.5; the amount cannot exceed the amount that would have been due the general contractor under the contract had the contract not been void, less the amount previously paid the contractor and the total of the amount paid and owed to all sub-contractors and materialmen. 96 H. 365 (App.), 31 P.3d 222.
HI Rev Stat § 480-15 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-15 Injunction by attorney general or the director of the office of consumer protection.

  §480-15 Injunction by attorney general or the director of the office of consumer protection. The attorney general may bring proceedings to enjoin any violation of this chapter; provided that the director of the office of consumer protection may also bring proceedings to enjoin any violation of section 480-2. [L 1961, c 190, §13; Supp, §205A-13; HRS §480-15; am L 1975, c 67, §1] Case Notes  Discussed: 907 F. Supp. 2d 1188 (2012).
HI Rev Stat § 480-15.1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-15.1 Penalty.

  §480-15.1 Penalty. Any person, firm, company, association, or corporation violating an injunctive order to cease and desist from violating any provisions of this chapter shall be fined by a sum not less than $500 nor more than $10,000, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State. Each separate violation of any such order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey a final order of the court, each day of continuance of such failure shall constitute a separate offense. [L 1968, c 10, §3; am L 1975, c 93, §1; am L 1976, c 33, §1]
HI Rev Stat § 480-16 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-16 Violation a felony.

  §480-16 Violation a felony. (a) Any person who violates section 480-4, 480-6, 480-9, or 480-17, including any principal, manager, director, officer, agent, servant, or employee, who had engaged in or has participated in the determination to engage in an activity that has been engaged in by any association, firm, partnership, trust or corporation, which activity is a violation of section 480-4, 480-6, 480-9, or 480-17, is punishable if a natural person by a fine not exceeding $100,000 or by imprisonment not exceeding three years, or by both such fine and imprisonment, in the discretion of the court; if the person is not a natural person then by a fine not exceeding $1,000,000.   (b) The actions authorized by this section and section 480-18 shall be brought in the circuit court of the circuit where the offense occurred. [L 1961, c 190, §14; Supp, §205A-14; HRS §480-16; am L 1975, c 94, §1]
HI Rev Stat § 480-17 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-17 Individual liability for corporate or company act.

  §480-17 Individual liability for corporate or company act. (a) Whenever a corporation violates any of the penal provisions of this chapter, the violation shall be deemed to be also that of the individual directors, officers, or agents of the corporation who have authorized, ordered, or done any of the acts constituting in whole or in part the violation.  (b) Whenever a limited liability company violates any of the penal provisions of this chapter, the violation shall be deemed to be also that of the individual members, managers, or agents of the limited liability company who have authorized, ordered, or done any of the acts constituting in whole or in part the violation. [L 1961, c 190, §15; Supp, §205A-15; HRS §480-17; am L 1997, c 224, §1] Case Notes  Does not limit liability of corporate officers, directors, or agents to criminal liability. 6 H. App. 125, 712 P.2d 1148.
HI Rev Stat § 480-19 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-19 Additional parties defendant.

  §480-19 Additional parties defendant. Whenever it appears to the court before which any civil proceeding under this chapter is pending that the ends of justice require that other parties be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside, engage in business, or have an agent, in the circuit where the action is pending. [L 1961, c 190, §17; Supp, §205A-17; HRS §480-19]
HI Rev Stat § 480-20 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-20 Duty of the attorney general; duty of county attorney, etc.

  §480-20 Duty of the attorney general; duty of county attorney, etc. (a) The attorney general shall enforce the criminal and civil provisions of this chapter. The county attorney, or prosecuting attorney of any county shall investigate and report suspected violations of this chapter to the attorney general.   (b) Whenever this chapter authorizes or requires the attorney general to commence any action or proceeding, including proceedings under section 480-18, the attorney general may require the county attorney, corporation counsel, or prosecuting attorney of any county, holding office in the circuit where the action or proceeding is to be commenced or maintained, to maintain the action or proceeding under the direction of the attorney general.   (c) The director of the office of consumer protection shall have concurrent jurisdiction with the attorney general to enforce the civil provisions of this chapter with regard to violations of section 480-2. [L 1961, c 190, §18; Supp, §205A-18; HRS §480-20; am L 1975, c 57, §2; am L 2008, c 19, §6]
HI Rev Stat § 480-21 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-21 Court and venue.

  §480-21 Court and venue. (a) Any criminal action or proceeding authorized by this chapter shall be brought in any appropriate court in the circuit in which the defendant resides, engages in business, or has an agent.  (b) Any civil action or proceeding authorized by this chapter may be brought in any appropriate court. [L 1961, c 190, §19; Supp, §205A-19; HRS §480-21; am L 1998, c 62, §1; am L 2011, c 66, §2] Case Notes  Plaintiffs' chapter 480 claims which were derived through chapter 443B could not have been "properly litigated" in district court for the court lacked jurisdiction; thus, such claims were not precluded by doctrine of res judicata. 78 H. 213 (App.), 891 P.2d 300.
HI Rev Stat § 480-22 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-22 Judgment in favor of the State as evidence in private action; suspension of limitation.

  §480-22 Judgment in favor of the State as evidence in private action; suspension of limitation. (a) A final judgment or decree rendered in any civil or criminal proceeding brought by the State under this chapter shall be prima facie evidence against the defendant in any action or proceeding brought by any other party under this chapter, or by the State, county, or any of its political subdivisions or governmental agencies, under section 480-14, against the defendant as to all matters respecting which the judgment or decree would be an estoppel between the parties thereto. This section shall not apply to consent judgments or decrees entered before any complaint has been filed; provided that when a consent judgment or decree is filed, the attorney general shall set forth at the same time the alleged violations and reasons for entering into the consent judgment or decree. No consent judgment or decree that is entered before any complaint has been filed shall become final until sixty days from the filing of the consent judgment or decree or until the final determination of any exceptions filed, as hereinafter provided, whichever is later. During the sixty-day period any interested party covered under section 480-13 may file verified exceptions to the form and substance of the consent judgment or decree, and the court, upon a full hearing thereon may approve, refuse to approve, or may modify the consent judgment or decree.   (b) A plea of nolo contendere and a final judgment or decree rendered pursuant to that plea in any criminal action under this chapter shall not be admissible against the defendant in any action or proceeding brought by any other party under this chapter, or by the State, county, or any of its political subdivisions or governmental agencies, under section 480-14 against the defendant.   (c) Whenever any civil or criminal proceeding is instituted by the State to prevent, restrain, or punish violations of this chapter, but not including an action under section 480-14, the running of the statute of limitations in respect of every private right of action arising under the laws and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof and for one year thereafter. [L 1961, c 190, §20; Supp, §205A-20; HRS §480-22; am L 1981, c 181, §1; am L 2001, c 79, §3; am L 2008, c 19, §7] Rules of Court  Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
HI Rev Stat § 480-23 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-23 Immunity from prosecution.

  §480-23 Immunity from prosecution. (a) If, in any investigation brought by the attorney general pursuant to section 480-18, a person refuses, on the basis of the person's privilege against self-incrimination, to attend, to testify or produce a record, document, or other object in an official proceeding conducted under this chapter, and that person is informed of an order issued under section 480-23.1, that person may not refuse to comply with the order on the basis of the person's privilege against self-incrimination.  (b) No individual shall be criminally prosecuted or subjected to any criminal penalty under this chapter for or on account of any transaction, matter, evidence, or thing concerning which the individual may so testify or produce in any investigation brought by the attorney general pursuant to section 480-18, or any county attorney, corporation counsel, or prosecuting attorney of any county, when the individual has done so pursuant to an order issued under section 480-23.1; provided that no individual so testifying shall be exempt from prosecution or punishment for perjury, for giving a false statement, or for an offense involving a failure to comply with the order. [L 1961, c 190, §21; Supp, §205A-21; HRS §480-23; am L 1980, c 173, §2; gen ch 1985; am L 2008, c 19, §8]
HI Rev Stat § 480-23.1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-23.1 Procedures.

  §480-23.1 Procedures. (a) If a person has been or may be subpoenaed to testify or to produce a record, document, or other object in an official proceeding under this chapter, the investigating officer shall, when the investigation reaches a stage when the posture of discovered evidence renders the witness a substantially probable suspect of criminal misconduct, notify such person of the person's constitutional rights.  (b) A judge of a circuit court or of a district court may, upon application by the attorney general or any county attorney, corporation counsel, or prosecuting attorney, of any county, issue an order requiring the person to testify or to produce a record, document, or other object, notwithstanding the person's refusal to do so on the basis of the person's privilege against self-incrimination. The application shall specify whether the immunity being sought is use immunity as set forth in section 480-23.2 or transactional immunity as set forth in section 480-23.3.  (c) The order may be issued prior to the assertion of the privilege against self-incrimination but shall not be effective until the witness asserts the witness' privilege against self-incrimination and the presiding officer communicates the order to the witness. The order shall specify the type of immunity being granted and contain appropriate explanation of the scope of protection from prosecution being afforded thereby. [L 1980, c 173, §3; gen ch 1985; am L 2008, c 19, §9]
HI Rev Stat § 480-23.2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-23.2 Use immunity.

  §480-23.2 Use immunity. The testimony or production that is compelled under the order, and any information directly or indirectly derived from the testimony or production, may not be used against the person in any manner in a criminal case, except in a prosecution for perjury, for giving a false statement, or for an offense involving a failure to comply with the order; provided that such person may be prosecuted or punished for any crime so long as testimony or production that is compelled under the order, and any information directly or indirectly derived from such testimony or production, is not used against such person in such prosecution. [L 1980, c 173, §4]
HI Rev Stat § 480-23.3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-23.3 Transactional immunity.

  §480-23.3 Transactional immunity. If a person is ordered to testify or produce a record, document, or other object under this chapter and the order specified that the person is granted transactional immunity pursuant to this section, such person shall not be prosecuted or punished in any criminal action or proceeding for or on account of any act, transaction, matter, or thing concerning which the person is so ordered to testify or produce a record, document, or other object, except that the person may be prosecuted for perjury, for giving a false statement, or for an offense involving a failure to comply with the order. [L 1980, c 173, §5; gen ch 1985]
HI Rev Stat § 480-23.4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-23.4 Penalty.

  §480-23.4 Penalty. Any witness granted immunity under section 480-23(b) who fails or refuses to testify or produce information may be punished by the court for contempt, provided that the witness may also be charged with and convicted of perjury, for giving a false statement, or for an offense involving a failure to comply with the order notwithstanding the fact that the witness has been punished by the court for contempt. [L 1980, c 173, §6; gen ch 1985]
HI Rev Stat § 480B-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480B. Media Publications Disclosure Act|480B-1 General definitions.

  §480B-1 General definitions. As used in this chapter:  "Media" means any printed publication of general distribution in the State issued once or more per year that is a party to the Mutual Publishing Plan Agreement as executed on May 31, 1962, and any subsequent amendments. [L 1995, c 243, pt of §2]
HI Rev Stat § 480B-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480B. Media Publications Disclosure Act|480B-2 Disclosure.

  §480B-2 Disclosure. (a) The media shall submit to the attorney general, no later than thirty days after December 31 of the reporting year, an income tax return filed pursuant to section 235-4.  (b) Any media filing an annual income tax return pursuant to subsection (a) shall also furnish to the attorney general, in forms and at times that the attorney general deems necessary or expedient in the interest of the general public, special or supplementary reports covering information disclosed in subsection (a).  (c) Any report submitted pursuant to subsection (a) or (b) shall be a public record for the purposes of chapter 92F. [L 1995, c 243, pt of §2]
HI Rev Stat § 480B-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480B. Media Publications Disclosure Act|480B-3 Annual report.

  §480B-3 Annual report. The attorney general shall submit an annual report to the United States Department of Justice with regard to the information provided in section 480B-2. [L 1995, c 243, pt of §2]
HI Rev Stat § 480D-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480D. Collection Practices|480D-1 Scope and purpose.

  §480D-1 Scope and purpose. This chapter is intended to ensure that consumers are not subjected to unfair, deceptive, coercive, abusive, or harassing conduct in collection activities that are covered by this chapter. This chapter is intended to cover collection activities by debt collectors in collecting consumer debts. [L 1987, c 191, pt of §2]
HI Rev Stat § 480D-2 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480D. Collection Practices|480D-2 Definitions.

  §480D-2 Definitions. 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]
HI Rev Stat § 480D-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480D. Collection Practices|480D-3 Prohibited practices.

  §480D-3 Prohibited practices. It shall be a prohibited practice for any debt collector to engage in any of the following practices while collecting a consumer debt:   (1) To threaten the use of violence or other criminal means to cause harm to the physical person, reputation, or property of any person;   (2) To falsely accuse or threaten to falsely accuse any person of fraud or any other criminal conduct;   (3) To make false accusations or threaten to make false accusations, to another person, including any credit reporting agency, that a debt has not been paid;   (4) To threaten that nonpayment of a debt will result in the arrest of any person;   (5) To threaten to turn over the collection of the debt to a person who will engage in practices prohibited by this section;   (6) To threaten to sell or assign the debt with statements that, or implying that, the sale or assignment will cause the debtor to lose a defense or legal right as a result of the sale or assignment;   (7) To use profane or obscene language that is intended to abuse the hearer or reader;   (8) To disclose, publish, or communicate any false and material information relating to the indebtedness;   (9) To represent that an existing obligation may be increased by attorney's fees, investigation fees, service fees, and other fees or charges when in fact the fees or charges may not legally be added to the existing obligations;   (10) To seek or obtain any statement or acknowledgment that the debt was incurred for necessities of life when in fact the debt was not so incurred; or   (11) To collect or attempt to collect any interest, charge, fee, or expense incidental to the debt unless the additions are authorized by the agreement or by law. [L 1987, c 191, pt of §2]
HI Rev Stat § 480D-4 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480D. Collection Practices|480D-4 Enforcement.

  §480D-4 Enforcement. (a) Except as provided in subsection (b), any person who engages in any practice prohibited by this chapter shall be deemed to have engaged in an unfair method of competition or unfair and deceptive acts or practices in the conduct of any trade or commerce within the meaning of section 480-2.   (b) In any case involving violations of section 480D-3(3) or (8), the debt collector shall not be subject to the provisions of subsection (a) if the debt collector can prove that the violation resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such error. Examples of bona fide error include, but are not limited to, clerical miscalculations, computer malfunction, printing errors, and computer programming errors. If bona fide error is proven, the debt collector shall:   (1) Correct the error as expeditiously as possible and make every reasonable effort to correct any consequences of that error; and   (2) Be liable for any actual damages suffered by the consumer including the time and expense required to correct the error.  A court may award reasonable attorney's fees and costs incurred by the consumer in insuring that the error and its consequences are corrected. [L 1987, c 191, pt of §2]
HI Rev Stat § 480D-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480D. Collection Practices|480D-5 Remedies not exclusive.

  §480D-5 Remedies not exclusive. The remedies provided for in this chapter are in addition to and not exclusive of any other remedies provided by law. [L 1987, c 191, pt of §2]