reglab/housing_qa huggingface dataset:
HI Rev Stat § 478-1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-1 Definitions.

  §478-1 Definitions. As used in this chapter and unless a different meaning appears from the context:   "Annual percentage rate" shall have the meaning given the term in the Truth in Lending Act.   "Consumer credit" means credit extended to a natural person primarily for a personal, family, or household purpose:   (1) In which the principal amount does not exceed $250,000 or in which there is an express written commitment to extend credit in a principal amount not exceeding $250,000; or  (2) Such credit is secured by real property or by personal property used or expected to be used as the borrower's principal dwelling.  "Credit" means the right to defer payment of debt or to incur debt and defer its payment.  "Credit card" means any card, plate, coupon book, or other single credit device issued with or without fee by an issuer for the use of the cardholder in obtaining money, goods, services, or anything else of value, from time to time, on credit.  "Credit card agreement" means any agreement that provides primarily for the extension of credit pursuant to the cardholder's use of a credit card. Neither an agreement providing for an overdraft line of credit nor an agreement for a line of credit secured by equity in real property becomes a credit card agreement for the purposes of this chapter because a cardholder can access it through the use of a credit card.  "Finance charge" has the same meaning given such term by the Truth in Lending Act.  "Home business loan" means a credit transaction (1) in which the principal amount does not exceed $250,000 or in which there is an express written commitment to extend credit in a principal amount not exceeding $250,000; (2) which is not a consumer credit transaction; and (3) which is secured by a mortgage of the principal dwelling of any natural person who is a mortgagor named in the mortgage given as security in connection with the credit transaction.  "Real property" includes stock in a cooperative housing corporation and personal property used or intended to be used as a consumer's residence.  "Truth in Lending Act" means the federal Truth in Lending Act (15 U.S.C. 1601, et seq.), Regulation Z of the Board of Governors of the Federal Reserve System, and the Official Staff Commentary to Regulation Z prepared by the staff of the Federal Reserve Board, and amendments of the Act, Regulation Z, and such Commentary. [L 1986, c 137, pt of §1; am L 1989, c 269, §1]
HI Rev Stat § 478-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-5 OLD REPEALED. §478-5 Usury not recoverable.

  §478-5 OLD REPEALED. L 1986, c 137, pt of §1.   §478-5 Usury not recoverable. If a greater rate of interest than that permitted by law is contracted for with respect to any consumer credit transaction, any home business loan or any credit card agreement, the contract shall not, by reason thereof, be void. But if in any action on the contract proof is made that a greater rate of interest than that permitted by law has been directly or indirectly contracted for, the creditor shall only recover the principal and the debtor shall recover costs. If interest has been paid, judgment shall be for the principal less the amount of interest paid. This section shall not be held to apply to:  (1) Loans made by financial services loan companies and credit unions at the rates authorized under and pursuant to articles 9 and 10 of chapter 412; or  (2) Any installment loan regulated under chapter 480J. [CC 1859, §1483; am L 1898, c 4, §4; RL 1925, §3588; am L 1931, c 137, §1; RL 1935, §7053; am L 1939, c 75, pt of §1(6782 W); RL 1945, §8734; RL 1955, §191-4; am L 1957, c 95, §1; HRS §478-4; am L 1984, c 253, §10; ren and am L 1986, c 137, pt of §1; am L 1989, c 266, §3; am L 1993, c 350, §26; am L 2021, c 56, §4] Rules of Court  Costs, see HRCP rule 54(d). Case Notes  Recovery of principal may be had where principal and usurious interest are separable even though they are lumped together in note sued on; payments made on account of such note should be applied on principal. 11 H. 747.  Statute applied and payments made under usurious contract applied on principal. 34 H. 639, modified 34 H. 685.  Usury voluntarily paid not recoverable. 36 H. 107; 37 H. 295.  This section docks interest in action brought by lender, but does not render contract entirely void as to interest. 49 H. 160, 183-86, 413 P.2d 221, reh'g den. 49 H. 255, 413 P.2d 221.
HI Rev Stat § 478-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-6 Usury; penalty.

  §478-6 Usury; penalty. Any person who directly or indirectly receives any interest or finance charge at a rate greater than that permitted by law or who, by any method or device whatsoever, receives or arranges for the receipt of interest or finance charge at a greater rate than that permitted by law on any credit transaction shall be guilty of usury and shall be fined not more than $250, unless a greater amount is allowed by law, or imprisoned not more than one year, or both. [L 1905, c 38, §1; RL 1925, §3589; am L 1933, c 72, §1; RL 1935, §7055; am L 1937, c 222, §1; RL 1945, §8736; RL 1955, §191-6; HRS §478-6; gen ch 1985; am L 1986, c 137, pt of §1; am L 2021, c 56, §5] Law Journals and Reviews  The Corporate Usury Exemption Statute in Hawaii: An Invitation to Litigation. 9 HBJ 5.  Administering Justice or Just Administration: The Hawaii Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271. Case Notes  This section considered with § §1-6 and 478-4 in determining whether usurious contract void as to interest. 49 H. 160, 185, 413 P.2d 221, reh'g den. 49 H. 255, 413 P.2d 221.  Elements of usury. 62 H. 583, 618 P.2d 276.  Attorney has a duty when drawing a promissory note to see that it is not usurious and the attorney can be held liable for damages if the attorney does not. 1 H. App. 331, 618 P.2d 1157.  Cited: 36 H. 107, 109; 37 H. 295, 298.
HI Rev Stat § 478-7 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-7 Compound, not recoverable.

  §478-7 Compound, not recoverable. No action shall be maintainable in any court of the State to recover compound interest upon any consumer credit transaction or upon any credit card agreement whatever. [CC 1859, §1484; RL 1925, §3590; RL 1935, §7056; RL 1945, §8737; RL 1955, §191-7; HRS §478-7; am L 1986, c 137, pt of §1] Case Notes  Notes given to cover accumulated compound interest held to be not void. 8 H. 614.  Interest upon interest may be contracted for. 8 H. 742; 30 H. 359, 379. See 31 H. 958; 36 H. 571, 596.  This section states common law rule. 8 H. 742.  Effect of express promise to pay interest at a specified time. 36 H. 571, 598.
HI Rev Stat § 478-8.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-8.5 REPEALED.

  §478-8.5 REPEALED. L 1986, c 137, pt of §1.
HI Rev Stat § 478-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-9 OLD REPEALED. §478-9 Rejection of federal law.

  §478-9 OLD REPEALED. 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]
HI Rev Stat § 478-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-10 REPEALED.

  §478-10 REPEALED. L 1980, c 188, §4.
HI Rev Stat § 478-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-11 REPEALED.

  §478-11 REPEALED. L 1986, c 137, pt of §1.
HI Rev Stat § 478-11.5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-11.5 Credit cards.

  §478-11.5 Credit cards. (a) With regard to every credit card issuer wherever located and a customer who is a resident of this State and who is given the opportunity to enter into a credit card plan, every solicitation and application for the credit card plan shall set forth all of the following:  (1) The initial simple interest numerical periodic rate and any fee or charge payable by the cardholder, directly or indirectly, as an incident to or a condition of the extension of credit, or if the rate or fee may vary, a statement that it may do so and the circumstances under which it may increase and the effects of the increase;  (2) The date or occasion upon which the interest begins to accrue;  (3) Whether any annual fee is charged and the amount of the fee;  (4) Any minimum, fixed, transaction, activity, or similar charge that could be imposed; and  (5) That charges incurred by the use of a charge card are due and payable upon receipt of a periodic statement of charges, if applicable. For purposes of this paragraph, the term "charge card" means any card, plate, or other device pursuant to which the charge card issuer extends credit that is not subject to a finance charge and where the charge cardholder cannot automatically access credit that is repayable in installments.  (b) With respect to any credit card agreement, in no case shall it be deemed unlawful to stipulate by written contract for any amount of interest, except that the simple interest numerical periodic rate shall not exceed eighteen per cent per year. Prior to charging any fee or charge, the credit card issuer shall disclose the fee or charge to the credit cardholder in the credit card agreement or in an amendment to the credit card agreement.  As used in this subsection, "interest" means the simple interest numerical periodic rate and any other fee, charge, or payment, directly or indirectly charged or received as an incident to or a condition of an extension of credit under a credit card agreement, including but not limited to:  (1) A currency exchange conversion fee;  (2) A late fee;  (3) A creditor-imposed "not sufficient funds" fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds;  (4) An over-the-credit limit fee;  (5) An annual fee or other periodic membership fee;  (6) A balance transfer fee;  (7) A cash advance fee; or  (8) A minimum finance charge. [L 1987, c 206, §1; am L 2006, c 307, §2]
HI Rev Stat § 478-12 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-12 Renumbered as §478-9.

  §478-12 Renumbered as §478-9.
HI Rev Stat § 478-13 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|478. Interest and Usury|478-13 REPEALED.

  §478-13 REPEALED. L 1986, c 137, pt of §1.
HI Rev Stat § 480-3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-3 Interpretation.

  §480-3 Interpretation. This chapter shall be construed in accordance with judicial interpretations of similar federal antitrust statutes, except that lawsuits by indirect purchasers may be brought as provided in this chapter. [L 1965, c 129, pt of §1; Supp, §205A-1.2; HRS §480-3; am L 1981, c 91, §1; am L 1987, c 274, §3] Law Journals and Reviews  Hawaii's Section Five of the FTC Act: The Ubiquitous Antitrust Law. 6 HBJ 5.  Misrepresentation and Deception Under Section 480-2 of the Hawaii Revised Statutes. 10 HBJ 69. Case Notes  Substantive standards intended to be same as §16 of Clayton Act. 518 F.2d 913.  Courts must refer to judicial interpretation of §5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. §45(a)(1) before applying §480-2. 849 F.2d 388.  Relation of federal regulation and possible antitrust exemption to state laws construed. 460 F. Supp. 1359.  Legislative history clearly indicates that state laws are to be interpreted and construed in harmony with analogous federal antitrust laws. 513 F. Supp. 726.  Federal statutes and decisions are to be used as guides. 63 H. 289, 627 P.2d 260.  Cited: 332 F.3d 600; 168 F. Supp. 2d 1180.
HI Rev Stat § 480-3.1 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-3.1 Civil penalty.

  §480-3.1 Civil penalty. Any person, firm, company, association, or corporation violating any of the provisions of section 480-2 shall be fined a sum of not less than $500 nor more than $10,000 for each violation, 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. The penalties provided in this section are cumulative to the remedies or penalties available under all other laws of this State. Each day that a violation of section 480-2 occurs shall be a separate violation. [L 1968, c 10, §2; am L 1975, c 92, §1 and c 156, §1; am L 1986, c 9, §1] Case Notes  Divestiture is not available remedy in private action. 518 F.2d 913.  Where the State brought an action against several pharmaceutical companies for allegedly deceptive drug marketing, and the pharmaceutical companies sought an injunction against the state court litigation on the basis that it violated their First Amendment rights, the appellate court found that: (1) although the state proceeding was being litigated by private counsel, it was still an action brought by the State; (2) the State's action had been brought under this section, which punishes those who engage in deceptive acts in commerce; and (3) the state court litigation was a quasi-criminal enforcement proceeding and, therefore, the Younger abstention barred a federal court from interfering. 979 F.3d 732 (2020).  Upon determination that person, while acting on behalf of corporation owned and operated by that person, violated §480-2, court must order person and corporation to each bear separate liability for separate civil fines rather than imposing joint and several liability for one civil fine. 9 H. App. 106, 826 P.2d 879.  Discussed: 907 F. Supp. 2d 1188 (2012).
HI Rev Stat § 480-3.3 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-3.3 Endless chain schemes.

  §480-3.3 Endless chain schemes. A person engages in an unfair method of competition and an unfair or deceptive act or practice within the meaning of section 480-2 when, in the conduct of any trade or commerce, the person contrives, prepares, sets up, proposes, or operates any endless chain scheme. As used in this section, an endless chain scheme means any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme, or for the chance to receive compensation when a person introduced by the participant introduces a new participant. Compensation, as used in this section, does not mean or include payments based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme. [L 1970, c 28, §1; gen ch 1985]
HI Rev Stat § 480-5 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-5 Requirements and output contracts; tying agreements.

  §480-5 Requirements and output contracts; tying agreements. No person shall sell or buy any commodity, or fix a price or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the other person or persons shall not deal in the commodity of a competitor of the seller, or shall not deal with the competitor of the purchaser, as the case may be, when the effect of the sale or purchase or the condition, agreement, or understanding, may be to substantially lessen competition or tend to create a monopoly in any line of commerce in any section of the State. [L 1961, c 190, §3; Supp, §205A-3; HRS §480-5] Case Notes  Large landowner not engaged in tying arrangement by requiring that house be built and bought before house lot leased. 594 F. Supp. 1480.
HI Rev Stat § 480-6 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-6 Refusal to deal.

  §480-6 Refusal to deal. No person shall refuse to sell any commodity to, or to buy any commodity from, any other person or persons, when the refusal is for the purpose of compelling or inducing the other person or persons to agree to or engage in acts which, if acceded to, are prohibited by other sections of this chapter. [L 1961, c 190, §4; Supp, §205A-4; HRS §480-6] Case Notes  Preempted by federal labor regulations. 687 F. Supp. 1453.
HI Rev Stat § 480-9 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-9 Monopolization.

  §480-9 Monopolization. No person shall monopolize, or attempt to monopolize, or combine or conspire with any other person to monopolize any part of the trade or commerce in any commodity in any section of the State. [L 1961, c 190, §7; Supp, §205A-7; HRS §480-9] Case Notes  Mentioned in discussing availability of estoppel as defense in private antitrust action. 296 F. Supp. 920.  One element of conspiracy to monopolize is specific intent to control prices or destroy competition in any line of trade or commerce. Test for specific intent is the same, whether applied to conspiracy or attempt to monopolize. 491 F. Supp. 1199.   Defendants lacked necessary market share and hence monopoly power in service jobbing of all tobacco products in Hawaii. 513 F. Supp. 726.  Mere formality of separate incorporation is not, without more, sufficient to provide the capability for conspiracy. Parent corporation controlled subsidiary to such a degree that the two entities in substance constitute a single entity incapable of conspiring with itself. 513 F. Supp. 726.   Action by shopping center tenant against shopping center owner. 530 F. Supp. 499.  Large landowner's monopoly power over own lands not illegal where not used to injure competitors. 594 F. Supp. 1480.  Mentioned, where plaintiff alleged that defendants' practice of imposing maximum price restrictions in rebate program for the installation of solar water heaters violated state and federal antitrust law, and summary judgment granted for defendants on plaintiffs' claims based on Sections 1 and 2 of the Sherman Act and state antitrust claims. 409 F. Supp. 2d 1206.  Elements of offense of monopoly. 63 H. 289, 627 P.2d 260.  Federal statutes and decisions are to be used as guides. 63 H. 289, 627 P.2d 260.  Where appellants failed to adduce evidence of a causal connection between appellees' "anticompetitive" conduct and appellees' alleged monopoly power, trial court properly concluded that there was insufficient evidence to sustain appellants' attempt to monopolize claim under this section; thus, as appellants failed to prove a violation of chapter 480, appellants had no standing to bring claim for relief under §480-13(a). 91 H. 224, 982 P.2d 853.  Where economic interest of corporation's officer/majority shareholder's was the same as that of corporation's two wholly-owned subsidiaries, officer/majority shareholder could not conspire with the corporation for purposes of §480-4 or this section. 91 H. 224, 982 P.2d 853.  Where the two companies were wholly-owned subsidiaries of the same parent corporation and shared a singular economic interest, they could not constitute a plurality of actors for purposes of a conspiracy under §480-4 or this section. 91 H. 224, 982 P.2d 853.
HI Rev Stat § 480-10 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-10 Exemption of labor organizations.

  §480-10 Exemption of labor organizations. The labor of a human being is not a commodity or article of commerce. Nothing in this chapter shall be construed to forbid the existence and operation of labor organizations, instituted for the purpose of mutual help, and not having capital stock or conducted for profits, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, lawfully carrying out the legitimate objects thereof be held or construed to be illegal combinations or conspiracies in restraint of trade under this chapter.   This chapter shall not apply to the conduct or activities of labor organizations or their members which conduct or activities are regulated by federal or state legislation or over which the National Labor Relations Board or the Hawaii labor relations board has jurisdiction. [L 1961, c 190, §8; Supp, §205A-8; HRS §480-10; am L 1986, c 339, §77] Cross References  Hawaii labor relations board, see §26-20.
HI Rev Stat § 480-11 (2021)
2021 Hawaii Revised Statutes|Title 26. Trade Regulation and Practice|480. Monopolies; Restraint of Trade|480-11 Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies.

  §480-11 Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies. (a) Nothing in this chapter shall be construed to forbid the existence and operation of fishery, agricultural, or consumer cooperative organizations or associations instituted for the purpose of mutual help that are organized and operated under chapter 421 or 421C, or that conform and continue to conform to the requirements of the Capper-Volstead Act (7 U.S.C. 291 and 292); provided that if any organization or association monopolizes or restrains trade or commerce in any section of this State to an extent that the price of any fishery, agricultural, or consumer product is unduly enhanced by reason thereof, this chapter shall apply to those acts.  (b) This chapter shall not apply to any transaction in the business of insurance that is in violation of any section of this chapter if the transaction is expressly permitted by the insurance laws of this State; provided that nothing in this section shall render this chapter inapplicable to any agreement to boycott, coerce, or intimidate or any act of boycott, coercion, or intimidation.  (c) This chapter shall not apply to mergers of companies where the mergers are approved by the federal regulatory agency that has jurisdiction and control over the mergers.  (d) This chapter shall not apply to:  (1) Any provider agencies or donors under part XVII of chapter 346;  (2) Any provider agency or donor method or act that complies with part XVII of chapter 346; or  (3) Any cooperation or agreement authorized pursuant to rule under part XVII of chapter 346. [L 1961, c 190, §9; Supp, §205A-9; HRS §480-11; am L 1982, c 97, §3; am L 1991, c 212, §7; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §23; am L 2010, c 89, §7]