reglab/statecodes huggingface dataset:
2023 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).
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 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]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481B. Unfair and Deceptive Practices › 481B-24 Exceptions.

§481B-24 Exceptions.
(a) A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under section 481B-22 if the name is used in, affiliated with, or related to a work of authorship protected under Title 17, United States Code, including a work made for hire as defined in section 101 of Title 17, United States Code, and if the person registering the domain name is the copyright owner or licensee of the work, the person intends to sell the domain name in conjunction with the lawful exploitation of the work, and the registration is not prohibited by a contract between the registrant and the named person. The exception under this subsection shall apply only to a civil action brought under this part and shall in no manner limit the protections afforded under the Trademark Act of 1946 (15 U.S.C. 1051 et seq.) or other federal or state law.
(b) The domain name registrar or registry or other domain name authority shall not be liable for damages or other remedies under section 481B-25 for the registration or maintenance of a domain name for another, regardless of whether the domain name is finally determined to infringe the mark. [L 2001, c 281, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481B. Unfair and Deceptive Practices › 481B-25 Damages and remedies.

§481B-25 Damages and remedies.
(a) Any persons whose rights under section 481B-22 have been violated may bring a civil action against the person responsible for the violation.
(b) In any civil action brought under this part, if the court finds a violation of section 481B-22, the court may award:
(1) Injunctive relief, including the forfeiture or cancellation of the domain name or the transfer of the domain name to the owner of the mark;
(2) Equitable relief;
(3) Compensatory damages;
(4) Punitive damages;
(5) Costs of the action; and
(6) Reasonable attorney €™s fees.
(c) A claimant who files suit under this part, prior to the commencement of trial, may elect to recover, instead of compensatory and punitive damages, an award of statutory damages in an amount of not less than $1,000 or threefold damages by the claimant sustained, whichever sum is the greater, and reasonable attorney €™s fees together with the costs of the suit. [L 2001, c 281, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481C. Door-to-Door Sale › 481C-2.5 Unlicensed contracting. If the contract referred to in section 481C-1 is for activities subject to chapter 444 and the seller does not possess the license required by that chapter, the cancellation period to be provided in section 481C-2 shall be extended to thirty calendar days. [L 1992, c 269, §1]

§481C-2.5
Unlicensed contracting.
If the contract referred to in section 481C-1 is for activities subject to chapter 444 and the seller does not possess the license required by that chapter, the cancellation period to be provided in section 481C-2 shall be extended to thirty calendar days. [L 1992, c 269, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481C. Door-to-Door Sale › 481C-3 Balloon payments.

§481C-3 Balloon payments.
With respect to any sale of goods purchased primarily for a personal, family or household purpose, which is subject to the provisions of this chapter, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, the buyer has the right to refinance the amount of that payment at the time it is due without penalty. The terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer. [L 1976, c 32, pt of §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481C. Door-to-Door Sale › 481C-4 Penalties.

§481C-4 Penalties.
(a) Any seller who engages in an unfair or deceptive act or practice in violation of this chapter, shall be fined by a sum of not less than $500 nor more than $2,500 for each unfair or deceptive act or practice, which sum shall be collected in a civil suit brought by the office of consumer protection.
(b) If a seller engages in an unfair or deceptive act in violation of this chapter, the contract referred to in section 481C-1 shall be unenforceable by the seller. [L 1976, c 32, pt of §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481C. Door-to-Door Sale › 481C-5 Inconsistencies with federal laws.

§481C-5 Inconsistencies with federal laws.
No contract shall be required by this chapter to contain provisions which are directly inconsistent with the federal laws relating to door-to-door sales. A provision under this chapter is not directly inconsistent with the federal laws relating to door-to-door sales, if it provides greater protection to the consumer. [L 1976, c 32, pt of §5]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481C. Door-to-Door Sale › 481C-6 Compliance with credit sale contract law.

§481C-6 Compliance with credit sale contract law.
If the contract referred to in section 481C-1 is a credit sale contract, the seller must also comply with the requirements of chapter 476. [L 1976, c 32, pt of §5; am L 1985, c 68, §16]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481D. Going Out of Business Sales › 481D-1 Definitions.

§481D-1 Definitions.
As used in this chapter:
"Going out of business sale" means any sale, whether described by that name or any other name including but not limited to "closing out sale", "lost our lease sale", "forced to vacate sale", and "inventory close out sale", held in a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and that otherwise complies with all applicable laws and rules relating to sales and conduct of sales.
"Goods" includes all goods, wares, merchandise, and other personal property, excepting choses in action and money.
"Person" includes a person, firm, corporation, partnership, association, or two or more persons having a joint or common interest.
"Removal sale" means any sale held in such a manner as to induce a belief that upon disposal of the stock of goods on hand, the business will cease and be discontinued at the premises where the sale is conducted, and thereafter will be moved to occupy another location. [L 1994, c 98, pt of §1; am L 1996, c 271, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481D. Going Out of Business Sales › 481D-2 Insurance, salvage, removal, going out of business, creditor's, and other special sales; sale of damaged goods; notice required; exceptions.

§481D-2 Insurance, salvage, removal, going out of business, creditor's, and other special sales; sale of damaged goods; notice required; exceptions.
No person shall directly or indirectly advertise or cause to be advertised, represent or cause to be represented, or hold out to the public in any manner that any sale of goods is an insurance, salvage, removal, going out of business, insolvent's, assignee's, or creditor's sale of goods, or that it is a sale of goods which have been damaged by fire, smoke, water, or otherwise, without first posting a notice as provided in this chapter, if that person:
(1) Has inventory which includes one hundred or more items, each costing $100 or more; or
(2) Has placed advertising having a list or fair market value of $10,000 or more.
This section shall not apply to any sales made under the direction of any court or trustee in bankruptcy, or to any person acting under the direction and supervision of state or federal courts in the course of their official duties. This section shall not apply to any sales by a person regularly engaged in insurance or salvage of goods, or sale of goods which have been damaged by fire, smoke, water, or otherwise, who acquired the goods for the account of others as a result of fire or other casualty. [L 1994, c 98, pt of §1; am L 1996, c 271, § §2(2), 3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481D. Going Out of Business Sales › 481D-4 Time limit.

§481D-4 Time limit.
No person shall advertise merchandise for sale as a going out of business sale for a period in excess of sixty days nor advertise more than one going out of business sale in three hundred sixty days. The three hundred sixty-day period shall commence on the first day of the sale. [L 1996, c 271, §2(1)]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481D. Going Out of Business Sales › 481D-5 Violations.

§481D-5 Violations.
Any person who violates or attempts to violate any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2. [L 1994, c 98, pt of §1; am and ren L 1996, c 271, § §2(3), 3; am L 2008, c 19, §20]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-1 Definitions.

§481F-1 Definitions.
Whenever used in this chapter, unless the context otherwise requires:
"Artist" means the person who created the image upon the master or created the image which served as a model for the image which appears on the master.
"Edition" means the aggregate of prints produced from a single master.
"Hors de Commerce" or words of similar import means prints in the edition which are so designated by the artist or printer with the intent of withholding the prints from sale in commerce at the time the edition is produced.
"Limited edition" means print multiples produced from a master, all of which include the same image and bear numbers or other markings to denote the limited production thereof to a stated maximum number of prints, or are otherwise held out as limited to a maximum number of prints.
"Master" is used in lieu of and has the same meaning as a printing plate, stone, block, screen, or similar matrix which contains an image used to produce a print multiple.
"Print multiple" or "print" means any print produced in more than one copy by means of engraving, etching, woodcutting, lithography, serigraphy, or other similar processes or any combination thereof.
"Proof" means a print in an edition which contains substantially the same image and which is produced from the same master as the prints in the related limited edition, but is set aside from and is in addition to the limited edition, whether or not it is designated as a proof.
"Seller of print multiples" or "seller" means a person who is in the business of selling, exclusively or nonexclusively, print multiples, or a person offering prints for sale who by the person's occupation holds the person's self out as having knowledge or skill peculiar to these works, or to whom that knowledge or skill may be attributed by the employment of an agent or other intermediary who by occupation represents as having that knowledge or skill. The term "seller of print multiples" includes an auctioneer who sells such works at public auction.
"Signed" means the artist signed the print multiple by hand to signify the artist's examination and approval of the print. "Signed" does not mean the act of leaving an impression of the artist's name upon the print by any mechanical process.
"Written instrument" means a written agreement, certificate of authenticity, catalogue, prospectus, advertisement, circular or any other written memorandum describing a print offered for sale by the seller. [L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-3 Prohibited acts.

§481F-3 Prohibited acts.
(a) Any written instrument which solicits a direct sale of print multiples in, into, or from this State published or distributed by any seller of print multiples shall clearly and conspicuously disclose the informational detail required by section 481F-4. This requirement is not applicable to general written material or advertising which does not constitute an offer to effect a specific sale.
(b) If the seller who publishes or distributes a written instrument which solicits a direct sale of prints in, into, or from this State disclaims knowledge as to any informational detail required by section 481F-4, the seller shall so state specifically and categorically with regard to each such detail to the end that the purchaser is enabled to judge the degree of uniqueness or scarcity of the prints offered for sale.
(c) No print multiple shall be offered for sale or sold in, into, or from this State by any seller, at wholesale or retail, unless the seller furnishes the purchaser a written instrument which clearly and conspicuously discloses the informational detail required by section 481F-4 prior to receiving any payment from the purchaser.
(d) If the seller of print multiples disclaims knowledge as to any informational detail required by section 481F-4, the seller shall so state specifically and categorically with regard to each such detail to the end that the purchaser is enabled to judge the degree of uniqueness or scarcity of the prints.
(e) A seller of print multiples may sell or offer to sell prints described in section 481F-2 without furnishing the informational details required by section 481F-4, unless the prints purport to be signed, numbered, approved by the artist, or to comprise a limited edition, in which case all of the informational details required by section 481F-4 shall be furnished. [L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-4 Informational detail.

§481F-4 Informational detail.
The following informational details shall be disclosed:
(1) The name of the artist and the artist's participation in creating the print as follows:
(A) The name of the artist;
(B) Whether or not the image upon the master exists in another medium and if so, state which medium;
(C) Name the person, persons or workshop who created the image upon the master;
(D) Whether or not the artist approved the master itself or the proofs therefrom;
(E) Whether or not the artist approved the techniques utilized in the production of the print; and
(F) Whether or not the artist approved the print.
(2) Signature. If the name of the artist appears on the print, state whether the print was signed by the artist to signify approval of the print. If the print was not signed by the artist, state the manner in which the artist's name was placed on the print.
(3) The year in which the print was produced.
(4) A description of the medium or process such as whether the print was produced by means of etching, engraving, woodcutting, lithography, serigraphy, or other similar processes. If an established term, in accordance with the usage of the trade, cannot be employed accurately to describe the medium or process, a brief, clear description of the medium or process shall be given.
(5) Whether the edition is being offered as limited edition, and if so:
(A) The authorized number of signed or numbered prints, or other, in the edition;
(B) The authorized number of unsigned or unnumbered prints, or both, in the edition;
(C) The authorized number of proofs, if any, in the edition;
(D) The authorized number of prints designated "Hors de Commerce" or by words of similar import; and
(E) The total size of the edition.
(6) Whether or not the master has been destroyed, effaced, altered, defaced, or canceled after producing the edition.
(7) If there were any prior prints of the same image which were produced by a different process or media or utilized different colors or color schemes, the total number of such prints and an explanation of the difference in process, media, color, or color scheme.
(8) If there were any prior or later editions produced from the same master, the series number or designation of the subject edition and the total size of all other editions.
(9) Whether the edition is a posthumous edition or restrike and, if so, whether the master was reworked. If the edition is a restrike, state that restrike is a print multiple made from the master after the edition is produced.
(10) The name of the printer or workshop, if any, where the edition was produced. [L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-5 Express warranties.

§481F-5 Express warranties.
(a) Notwithstanding any provision in any other law to the contrary, whenever the seller of print multiples furnishes a purchaser informational details required by section 481F-4, such information shall be presumed to be part of the basis of the bargain and shall create an express warranty as to the information furnished.
(b) The express warranty shall not be negated or limited because the seller did not have a specific intention or authorization to make a warranty or because any information furnished to the purchaser purports to be merely the seller's opinion.
(c) The existence of a factual basis for the information furnished to the purchaser shall not be a defense against the purchaser in an action to enforce the express warranty. [L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-6 Sign required.

§481F-6 Sign required.
In each place of business in the State where a seller of print multiples is regularly engaged in the sale of prints, the seller shall post a conspicuous sign in a location reasonably calculated to bring the sign to the attention of purchasers. The sign shall contain the following passage in a legible format:
"Hawaii law requires written disclosure of specific information concerning print multiples. This information is intended to assist you in judging the degree of uniqueness or scarcity of the prints and in understanding the means by which the prints were created. The seller will furnish the written disclosure to you at your request or in any event before purchase."
[L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-7 Action for damages by purchasers.

§481F-7 Action for damages by purchasers.
(a) For information required by section 481F-4, any seller of print multiples who fails to disclose such information or discloses false information shall be liable to the purchaser of the print in an amount equal to the purchase price of the print plus the interest accrued from the date of purchase at the rate provided for in section 478-3.
(b) For information required by section 481F-4, any seller of print multiples who intentionally fails to disclose or intentionally discloses false information shall be liable to the purchaser of the print in the amount of $1,000 or in an amount equal to three times the purchase price of the print, whichever is greater, plus the interest accrued from the date of purchase at the rate provided for in section 478-3.
(c) No action shall be maintained under this section unless the purchaser of the print tenders the print in the condition in which received by the purchaser to the seller for a refund and the seller fails to refund the full purchase price of the print plus the interest accrued from the date of purchase at the rate provided for in section 478-3. [L 1986, c 194, pt of §2]
Revision Note
Section "478-3" substituted for "478-2".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-8 Action for injunction and civil penalties.

§481F-8 Action for injunction and civil penalties.
(a) Civil actions to enjoin violations of this chapter may be prosecuted in circuit court by the attorney general, the office of consumer protection, any county prosecuting attorney, or any person acting in the person's own interest, or in the interest of the members of a corporation or association, or in the interest of the general public.
(b) Any seller of print multiples who violates section 481F-7(a) may be liable for a civil penalty of not less than $500 nor more than $2,500 for each violation, or any seller of print multiples who violates section 481F-7(b) may be liable for a civil penalty of not less than $500 nor more than $10,000 for each violation, which may be recovered in a civil action prosecuted by the attorney general, the office of consumer protection, or any county prosecuting attorney.
(c) In civil actions brought under this section by the attorney general, the office of consumer protection, or any county prosecuting attorney, the court may include in its orders or judgments such provisions as may be necessary to effect restitution in accordance with section 487-14.
(d) Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within one year after discovery of the violation upon which it is based and in no event more than three years after the print was sold. [L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481F. Sale of Prints › 481F-9 Construction.

§481F-9 Construction.
The rights, liabilities, and remedies created by this chapter shall be construed to be in addition to and not in substitution, exclusion or displacement of other rights, liabilities, remedies provided by law. [L 1986, c 194, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481G. Office Machine Products Dealerships › 481G-1 Definitions.

§481G-1 Definitions.
As used in this chapter:
"Dealer" means any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of selling products.
"Dealership" means any agreement, written or verbal, between a distributor and a dealer under which the dealer is granted the right, for a definite or indefinite period of time, to sell products on behalf of a distributor to consumers and other end-users.
"Distributor" means any person, corporation, partnership, or other form of business enterprise engaged in the sale, consignment, exchange, or any other form of transfer of a product which it manufactures, assembles, constructs, creates, or obtains in any manner from a manufacturer.
"Products" includes, but is not limited to: typewriters, copiers, electronic cash registers, dictating equipment, calculators, offset printers, letter openers, computers, or word processing equipment, but does not include such items as pencils, erasers, stationery, paper clips, or other such miscellaneous material normally used in an office. [L 1983, c 285, pt of §1]
Revision Note
Numeric designations deleted.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481G. Office Machine Products Dealerships › 481G-3 Distribution of products; dealership required.

§481G-3 Distribution of products; dealership required.
No distributor shall sell, consign, exchange, or otherwise transfer any product to any dealer for sale or resale in this State except by way of a dealership. [L 1983, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481G. Office Machine Products Dealerships › 481G-4 Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.

§481G-4 Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses.
(a) Except as provided in section 481G-5, a distributor shall be liable to a dealer who sells the products of the distributor under a dealership from the distributor for damages and such equitable relief as the court deems proper resulting from the wrongful or illegal termination or cancellation of the dealership during its term or the distributor's unreasonable refusal to renew the dealership.
(b) A dealer suffering damages as a result of the termination or cancellation of, or failure to renew, the dealership may bring an action under this section against the distributor who wrongfully or illegally terminated, canceled, or unreasonably refused to renew the dealership in the court of general jurisdiction of the dealer's principal place of business. The action may be brought without regard to the amount in controversy. If the dealer prevails in the action, the dealer may recover actual damages sustained, the costs of the suit, including reasonable attorney's fees, and such equitable relief as the court deems proper.
The court may also grant such temporary relief as it may deem necessary and proper.
(c) It shall be a defense to any action brought under this section that the dealership was terminated, canceled, or not renewed because:
(1) The dealer failed to comply substantially with essential and reasonable requirements of the dealership;
(2) The dealer failed to act in good faith in carrying out the terms and provisions of the dealership; or
(3) Of any of the reasons enumerated in section 481G-5; or
(4) Of other legitimate business reasons; provided that a termination, cancellation, or failure to renew a dealership for the purpose of enabling the distributor to assume operation of the dealer's business shall not be considered to be a legitimate business reason unless the dealer is paid reasonable compensation for the value of the dealership, including good will.
(d) No action may be brought under this section for a cause of action which arose more than two years prior to the date on which the action is brought. [L 1983, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481G. Office Machine Products Dealerships › 481G-5 Notice of termination, cancellation, or nonrenewal.

§481G-5 Notice of termination, cancellation, or nonrenewal.
A distributor shall not terminate, cancel, or refuse to renew a dealership with a dealer without first giving written notice by certified mail at least ninety days in advance of the effective date of such action as set forth in the notice. Notwithstanding any provision to the contrary contained in this section, a distributor may terminate, cancel, or refuse to renew a dealership with a dealer effective five days after the posting of written notice by certified mail to the dealer at the dealer's last known address, if such action is based on any of the following reasons:
(1) Voluntary abandonment of the dealership relationship by the dealer;
(2) Conviction of the dealer of a crime involving the business conducted pursuant to the dealership; or
(3) Adjudication of bankruptcy of the dealer, or the dealer becoming insolvent in the sense that the dealer cannot meet financial obligations when due. [L 1983, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481G. Office Machine Products Dealerships › 481G-6 Exceptions.

§481G-6 Exceptions.
No action may be brought under section 481G-4 in connection with the termination, cancellation, or nonrenewal of a dealership if the dealership provides for the binding arbitration of disputes arising thereunder, including disputes related to the termination, cancellation, or nonrenewal of the dealership, in accordance with chapter 658A or the rules of the American Arbitration Association. [L 1983, c 285, pt of §1; am L 2008, c 19, §21]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481G. Office Machine Products Dealerships › 481G-7 Disposition of inventory.

§481G-7 Disposition of inventory.
Upon termination of a dealership by either the distributor or the dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by the distributor and which has not diminished substantially in value and is of similar quality as when originally supplied. The distributor shall reimburse the dealer for not less than ninety per cent of the cost paid by the dealer or shall cancel not less than ninety per cent of any debts owed on account of the inventory. [L 1983, c 285, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-2 Definitions.

§481H-2 Definitions.
As used in this chapter:
"Contaminant" shall be defined as provided in chapter 340E.
"Water treatment unit" means a product, device, or system designed for personal, family, or household use and for which a claim or claims are made stating that it will improve the quality of water by reducing one or more contaminants through mechanical, physical, chemical, or biological processes or combinations thereof. [L 1991, c 260, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-3 Requirement for sale, lease or distribution.

§481H-3 Requirement for sale, lease or distribution.
No water treatment unit that claims to reduce or eliminate the concentration of one or more health related contaminants in water supplies intended for human consumption may be sold or leased, offered for sale or lease, distributed, or installed in the State unless the unit has been tested using industry accepted product testing protocols or protocols that utilize technically valid methodology using United States Environmental Protection Agency analytical testing methods for drinking water quality and maximum contaminant levels, or their equivalent. [L 1991, c 260, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-4 Disclosure.

§481H-4 Disclosure.
No person shall sell, offer for sale, rent, lease, or distribute any water treatment unit for use in this State unless written material which provides the following information is included with each unit:
(1) The name and mailing address of the manufacturer or distributor;
(2) The name, brand, or trademark under which the unit is sold, and its model number;
(3) A statement listing all contaminants the unit is capable of reducing from the water;
(4) The specifications of the unit, including:
(A) The filter life, if applicable;
(B) The approximate capacity of the unit, expressed in gallons or period of time, if applicable;
(C) A summary of recommended operational procedures and requirements necessary for the proper operation of the unit, including, but not limited to:
(i) Electrical requirements;
(ii) Maximum and minimum operation pressure;
(iii) Maximum operating temperature;
(iv) Flow rate;
(v) Maintenance requirements;
(vi) Replacement frequencies; and
(vii) An explanation of any performance indicator, if available;
(5) Installation instructions;
(6) The manufacturer's warranty and guarantee, if applicable;
(7) A statement that performance of the water treatment unit may vary based on local water conditions;
(8) A statement that the unit is only intended for use with potable water, if true; and
(9) A statement that all the contaminants reduced by the unit are not necessarily in the user's water supply, if true. [L 1991, c 260, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-5 Prohibited practices.

§481H-5 Prohibited practices.
(a) It shall be unlawful for any person to print or disseminate any false advertising or to use or employ any deceptive act or practice as described in subsection (b) in the conduct of any trade or commerce for the purpose of inducing the sale, lease, rental, or distribution of water treatment units.
(b) No person shall use:
(1) Materially false or misleading claims concerning the quality of a prospective purchaser's public water supply or private well water;
(2) Materially false or misleading claims concerning the kind and degree of problems caused by water from a public water supply;
(3) Materially false or misleading claims of scientific certainty regarding the relationship between acute or chronic illnesses and water quality;
(4) Product performance claims and product benefit claims unless such claims are based on factual data obtained from tests conducted by a testing facility following scientifically valid test procedures, which data is in existence at the time such claims are made;
(5) Materially false or misleading pictures, exhibits, graphs, charts, or other graphic portrayals in advertisements;
(6) Materially false or misleading claims that serious harm may or will occur if the product is not purchased;
(7) Statements that the water flowing from a water treatment unit is "pure" unless such words are reasonably defined;
(8) Claims that a water treatment unit would provide a health benefit or diminish a health risk unless reasonably based on factual data;
(9) Materially false or misleading statements that the contaminants reduced by a water treatment unit are present in excess of permitted levels in the drinking water of the consumer;
(10) Endorsements or testimonials, unless such endorsements or testimonials state the opinion and qualifications of the person giving them, are not materially false or misleading, and accurately reflect the context in which they were made or given;
(11) Tests or test results of a consumer's drinking water to state or demonstrate the presence of contaminants in a prospective purchaser's drinking water for the purpose of inducing a person to purchase a water treatment unit unless those test results have either been obtained from a certified laboratory or were performed in accordance with the United States Environmental Protection Agency approved test methods or guidelines, where applicable, and the results of the tests are not used in a materially false or misleading manner; and
(12) Tests or test results of a consumer's drinking water without providing maximum contaminant level information. [L 1991, c 260, pt of §1]