reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-4 Cooperation from state agencies.

§474-4 Cooperation from state agencies.
(a) The director may request and shall be entitled to receive from any state agency, such assistance, services, facilities, and data the director deems necessary to carry out the duties of the center.
(b) Each state agency with permit or license issuance functions covered under this chapter shall cooperate with the center by designating a staff person to coordinate the agency's efforts to provide information to the center on its permit or license process and, to the extent possible, by providing a prompt response to requests for expediting permit or license applications or for information.
(c) The director shall be entitled to obtain personnel on a loaned basis from those agencies that issue permits or licenses to businesses, including but not limited to the department of business, economic development, and tourism, department of taxation, and department of labor and industrial relations. The director may assign these loaned personnel to the center. [L 2005, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-5 Comprehensive permit and license information file.

§474-5 Comprehensive permit and license information file.
(a) Each state agency that is required to review, approve, or grant permits or licenses for business activities shall report to the center on a form prescribed by the center, each and every type of review, approval, license, and permit administered by that agency. Application forms, applicable agency rules, and the estimated time period necessary for application consideration based on experience and statutory or administrative rule requirements shall accompany each state agency report.
(b) Subsequent to the filing of the report, the state agency shall submit reports to the center on any new requirement or modifications to existing requirements together with applicable forms, rules, and other information required to be filed in the initial report. Upon receipt of those reports, the center shall establish and maintain a comprehensive information file that provides ready access to the most current information provided by the state agencies. [L 2005, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-6 Immunity from liability.

§474-6 Immunity from liability.
The opinions offered and the services rendered by the center under this chapter shall be considered facilitative in nature and the center shall not be liable for any consequences resulting from an applicant's failure to obtain a required permit or license. Any information provided by the center or any omission of information by the center shall not relieve any applicant from, or constitute a waiver of, the obligation to secure a required permit or license. [L 2005, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 25A. General Business Provisions › 474. Business Action Center › 474-7 Compilation of statistical data; annual report.

§474-7 Compilation of statistical data; annual report.
(a) The center shall obtain and keep, on an annual basis, appropriate statistical data regarding:
(1) The number of permits, licenses, and registrations issued by state agencies;
(2) The amount of time involved in processing the permits, licenses, and registrations;
(3) The types of activities for which permits and licenses have been issued;
(4) A geographic distribution of the permits and licenses issued; and
(5) Other pertinent data the director deems necessary for analysis for future planning purposes.
(b) The department shall submit an annual report to the governor and the legislature that shall include a description of the operations of the center, summaries and analyses of statistical data compiled, and recommendations for any administrative or statutory changes required to further the purposes of this chapter. [L 2005, c 62, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-2 Application when inconsistent with federal provisions or regulations.

§476-2 Application when inconsistent with federal provisions or regulations.
No contract, memorandum, or advertisement shall be required by this chapter to contain any disclosure which is inconsistent with the requirements of the federal Truth in Lending Act. [L 1969, c 126, §3; am L 1974, c 41, §1; am L 1975, c 59, §1; am and ren L 1984, c 86, pt of §1]
Law Journals and Reviews
For discussion of federal requirements, see A Summary of the Consumer Credit Protection Act with Special Emphasis on Truth-In-Lending and Regulation Z. 6 HBJ 101.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-4 Specific requirements of credit sale contracts.

§476-4 Specific requirements of credit sale contracts.
(a) Every credit sale contract which provides for the extension of open-end credit primarily for a personal, family, or household purpose shall disclose the annual percentage rate of the finance charge to be imposed under the contract, the circumstances under which the finance charge will be imposed, and an explanation of how the finance charge will be determined.
(b) Every credit sale contract which provides for the extension of closed-end credit primarily for a personal, family, or household purpose shall disclose the following items as applicable:
(1) The amount financed, which is the principal balance less any prepaid finance charge;
(2) A written itemization of the amount financed, or a statement that the buyer has the right to receive a written itemization of the amount financed, together with space for the buyer to indicate whether it is desired;
(3) The finance charge;
(4) The total of payments; and
(5) The total sale price.
Additional items may be included in the contract to explain the calculations involved in determining the stated total of payments to be paid by the buyer.
(c) Every credit sale contract which complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the contract is executed shall be deemed to comply with the disclosure provisions of this section. [L 1961, c 102, pt of §1; Supp, §201A-3; HRS §476-3; am and ren L 1984, c 86, pt of §1]
Revision Note
In subsection (c), "this section" substituted for "section 476-3".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-5 Balloon payments.

§476-5 Balloon payments.
With respect to any sale of goods, services, or both, purchased primarily for a personal, family, or household purpose, which is subject to 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. If the principal balance of the original contract is less than $10,000, and the finance charge either is stated as a dollar amount and added on or deducted in advance or is computed at a fixed rate, all the terms of the refinancing shall be no less favorable to the buyer than the terms of the original sale, except that the payment schedule may be modified so as to effect the amortization of the total amount refinanced over the period for which it is refinanced, which shall not be less than the term of the original contract, or that no scheduled payment required upon refinancing shall be greater than the amount of the average scheduled payment required by the original contract. These provisions do not apply to the extent that the payment schedule is adjusted to the seasonal or irregular income of the buyer. [L 1970, c 54, §2; am L 1981, c 20, §1; am and ren L 1984, c 86, pt of §1; am L 1985, c 157, §1]
Cross References
Balloon payments, see §481C-3.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-6 Deferred payments, interest, etc.

§476-6 Deferred payments, interest, etc.
Any payment on account of the principal balance of a contract which is due on a particular date may be extended or deferred to a later date by mutual agreement, and, upon the amount of the principal balance payment so extended or deferred, a finance charge not exceeding that permitted by section 476-28 upon an original contract in the amount of the principal balance payment, for the actual period of the extension or deferment, may be charged and may be collected in advance at the commencement of the period of extension or deferment or thereafter; provided that the term and conditions of the extension or deferment, including the amount of the principal balance so extended or deferred, and the period of, and the charge for the extension or deferment, shall be set forth in writing and signed in duplicate by the buyer and the seller or holder of the contract, one copy of the same to be given to the buyer and the other copy to be inserted in or attached to the seller's or holder's counterpart of this contract. [L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-7 Contract copy to buyer; acknowledgment.

§476-7 Contract copy to buyer; acknowledgment.
(a) Upon the execution of the contract, a copy thereof, signed by the parties, shall be delivered immediately to the buyer; provided that if the contract is signed only by one party, and the signing thereof by the other is postponed, a copy thereof, as signed by the party, shall be delivered immediately to the buyer.
(b) Until a copy of the contract signed by the parties is delivered to the buyer, a buyer who has not received delivery of the goods has the right to cancel the contract and to receive immediate refund of all payments made and redelivery of all goods traded in to the seller on account of or in contemplation of the contract. This subsection shall not apply when merchandise has been specifically ordered or custom made to specifications of the purchaser and evidence of the order is provided by the seller.
(c) Any acknowledgment by the buyer of delivery of a copy of the contract, if contained in the contract, shall appear on the same page of the contract and above the notice above the buyer's signature and the words "CREDIT SALE CONTRACT" required by section 476-3. [L 1961, c 102, pt of §1; Supp, §201A-4; HRS §476-4; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-8 Insurance provisions.

§476-8 Insurance provisions.
(a) The amount, if any, charged for insurance shall not exceed the premiums chargeable in accordance with rate filings made with the state insurance commissioner under chapter 431 for similar insurance.
The seller or holder, if dual interest insurance on the goods is included in a credit sale contract and a separate charge is made therefor, shall within thirty days after execution of the credit sale contract send or cause to be sent to the buyer a policy or policies or certificate of insurance, written by an insurance company authorized to do business in this State, clearly setting forth the amount of the premium, the kind or kinds of insurance, and the scope of the coverage and all the terms, exceptions, limitations, restrictions, and conditions of the contract or contracts of insurance.
The buyer of goods under a credit sale contract may purchase any required insurance from an insurance producer of the buyer's own selection, and in an insurance company of the buyer's own selection authorized to do business in this State; provided that the seller or holder shall have the right for reasonable cause to disapprove of the insurance company selected by the buyer to underwrite the insurance.
(b) In any credit sale contract for the sale of a motor vehicle where insurance is contracted for as a part of the sale, and the insurance does not include public liability insurance for bodily injury and property damage, the contract shall contain, on the same page as the disclosures therein concerning insurance, a notice substantially similar to the following:
"THIS DOES NOT INCLUDE INSURANCE ON YOUR LIABILITY FOR BODILY INJURY OR PROPERTY DAMAGE. IT DOES NOT MEET THE REQUIREMENTS FOR PROOF OF FINANCIAL RESPONSIBILITY UNDER HAWAII LAW."
(c) If any insurance policy or certificate is canceled, the unearned insurance premium refund received by the holder of the contract shall at the option of the holder either be credited to the final maturing installments of the credit sale contract or be paid to the buyer, except to the extent applied toward payment for similar insurance protecting the interests of the buyer and holder of the contract or either of them. [L 1961, c 102, pt of §1; Supp, §201A-5; am L 1967, c 285, §3; HRS §476-6; am and ren L 1984, c 86, pt of §1; gen ch 1985; am L 2003, c 212, §129; am L 2008, c 19, §2]
Cross References
Proof of financial responsibility, see chapter 287.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-9 Late charges; court costs; attorney's fees.

§476-9 Late charges; court costs; attorney's fees.
The holder of a credit sale contract, including any financial services loan company, may, if the contract so provides, collect a late charge on each installment in default for a period not less than ten days in an amount not in excess of $50 or five per cent of each delinquent installment, or portion thereof which remains unpaid on the due date agreed upon in the contract whichever is less, and the late charge shall not be assessed more than once for the same delinquent installment. The seller or other holder shall give the buyer written notice of the assessment of the late charges prior to the due date of the next contractual payment. No late charges shall be assessed after the acceleration of the maturity of the contract. In addition to the late charge, the contract may provide for the payment of costs of the action together with reasonable attorney's fees where the contract is referred for collection to an attorney or licensed collector who is not a salaried employee or officer of the holder of the contract. [L 1961, c 102, pt of §1; Supp, §201A-6; HRS §476-7; am and ren L 1984, c 86, pt of §1; am L 1989, c 266, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-10 Blank spaces in contract; assignee without knowledge.

§476-10 Blank spaces in contract; assignee without knowledge.
(a) When a paper whose contents at the time of signing shows that it is intended to become a credit sale contract is signed while still incomplete in any necessary respect it cannot be enforced until completed, but when it is completed in accordance with authority given it is effective as completed. The burden of establishing that any completion is unauthorized is on the party so asserting. If the completion is unauthorized, and it changes the obligations of either the buyer or the seller in any respect, it is a material alteration.
(b) An alteration by the holder of a contract which is both fraudulent and material discharges the buyer unless the buyer assents or is precluded from asserting the defense. No other alteration discharges the buyer, and the contract may be enforced according to its original tenor, or as to incomplete contracts according to authority given.
(c) The buyer's written acknowledgment, conforming to the requirements of section 476-7, of delivery of a copy of a contract shall be a rebuttable presumption of such delivery and of compliance with this section in any action or proceeding by or against an assignee of the contract without knowledge to the contrary when the buyer purchases the contract. [L 1961, c 102, pt of §1; Supp, §201A-7; am L 1967, c 285, §4; HRS §476-8; am and ren L 1984, c 86, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-11 Catalog mail order sales.

§476-11 Catalog mail order sales.
Credit sales negotiated and entered into by mail without personal solicitation by a salesperson or other representative of the seller, and if seller's cash price and other terms are clearly set forth in a catalog, or other printed solicitation of business, which is generally available to the public, may be made as provided in this section. This chapter shall apply to such sales except that the seller shall not be required to deliver a copy of the contract to the buyer as provided in section 476-7, and if, when the proposed credit sale contract is received by the seller from the buyer, there are blank spaces to be filled in, the seller may insert in the appropriate blank spaces the amounts of money and other terms which are set forth in the seller's catalog which is then in effect; and in lieu of the copy of the contract provided for in section 476-7, the seller shall, within fifteen days from date of shipment of goods, furnish to the buyer a written statement of the items, inserted in such blank spaces. [L 1961, c 102, pt of §1; Supp, §201A-8; HRS §476-9; am and ren L 1984, c 86, pt of §1; gen ch 1993]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-12 Payment without notice of assignment.

§476-12 Payment without notice of assignment.
Unless the buyer has notice of actual assignment of a credit sale contract, payment thereunder made by the buyer to the last known holder of the contract shall be binding upon all subsequent holders or assignees. The notice may be given by first class mail to the address of the buyer as shown in the contract or to the last known address of the buyer. [L 1961, c 102, pt of §1; Supp, §201A-9; HRS §476-10; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-13 Statement and receipt of payments.

§476-13 Statement and receipt of payments.
Upon written request from the buyer, the holder of a credit sale contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. A buyer shall be given a written receipt for any payment when made in cash. [L 1961, c 102, pt of §1; Supp, §201A-10; HRS §476-11; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-14 Acceleration of time payments.

§476-14 Acceleration of time payments.
No provision in a credit sale contract by which, in the absence of the buyer's default, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the payments shall be enforceable. [L 1961, c 102, pt of §1; Supp, §201A-11; HRS §476-12; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-15 Confession of judgment; power of attorney; wage assignment.

§476-15 Confession of judgment; power of attorney; wage assignment.
No provision in a credit sale contract for confession of judgment, power of attorney therefor, or wage assignment shall be enforceable in this State. [L 1961, c 102, pt of §1; Supp, §201A-12; am L 1967, c 285, §5; HRS §476-13; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-16 Waiver of illegal act; collection.

§476-16 Waiver of illegal act; collection.
No provision in a credit sale contract by which the buyer waives any of the requirements of this chapter or any right of action against the seller or holder of the contract, or other person acting on the seller's or holder's behalf, for any illegal act committed in the collection of payments under the contract or in the repossession of the goods shall be enforceable. [L 1961, c 102, pt of §1; Supp, §201A-14; HRS §476-15; am and ren L 1984, c 86, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-17 Subsequent inclusion of other security.

§476-17 Subsequent inclusion of other security.
In a contract for a sale primarily for a personal, family, or household purpose, no provision for the subsequent inclusion of title to or a subsequent lien upon or a subsequent security interest in any goods, other than the goods which are the subject matter of or original security for the credit sale, or accessories thereto, or special or auxiliary equipment used in connection therewith, or in substitution, in whole or in part, for any thereof, as security for payment of the time sale price, shall be enforceable. [L 1961, c 102, pt of §1; Supp, §201A-15; HRS §476-16; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-18 Appointment of agent; collection or repossession.

§476-18 Appointment of agent; collection or repossession.
No provision in a credit sale contract by which the buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting on the buyer's behalf, as the buyer's agent in collection of payments under the contract or in the repossession of the goods shall be enforceable. [L 1961, c 102, pt of §1; Supp, §201A-16; HRS §476-17; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-19 Preservation of buyer's rights; assignment.

§476-19 Preservation of buyer's rights; assignment.
(a) No contract shall contain any provision by which a buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense.
(b) No contract shall require or entail the execution of any note or series of notes by the buyer which when separately negotiated will cut off as to third parties any right of action or defense which the buyer may have against the seller.
(c) No rights of action or defense arising out of a credit sale which the buyer has against the seller shall be cut off by assignment; provided that any recovery thereon by the buyer shall not exceed amounts paid and to be paid by the buyer on the contract and may be set-off against such amount to be paid. If the buyer has a good cause of action or defense against the seller, the seller's assignee has recourse against the seller for any losses the assignee may incur as a result thereof.
(d) When an assignee asserts the assignee's rights against a buyer, the buyer may assert any available defense against the assignee as if the assignee were the seller. [L 1961, c 102, pt of §1; am L 1963, c 68, § §4, 5; Supp, §201A-17; am L 1967, c 285, §6; HRS §476-18; am and ren L 1984, c 86, pt of §1; am L 1992, c 178, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-20 Referral sales.

§476-20 Referral sales.
Any sale of goods, services, or both, subject to this chapter, in which part of the inducement offered by the seller is a rebate, discount, commission, or other consideration exceeding forty per cent of the total sale price to be given the buyer when the buyer either sells, or gives information leading to a sale by the seller, of the same or related goods, services, or both, whether the inducement was written or oral, may be canceled by the buyer within fifteen business days after the date the contract is signed by the parties.
Upon cancellation the buyer shall have the right to receive immediate refund of all payments made and redelivery of all goods traded in to the seller on account of or in contemplation of the contract.
When the seller or holder has returned all money or property given by the buyer in the transaction, the buyer shall tender the goods to the seller or, where the latter would be impracticable or inequitable or the seller has performed services for the buyer, the buyer shall tender to the seller the reasonable value of the goods or services. At the buyer's option, tender of goods may be made at the location of the goods or at the buyer's residence. Tender of money shall be made at the designated place of business of the seller or holder. If the seller or holder does not take possession of the money or property within twenty calendar days after the buyer's tender, the buyer may keep it without further obligation.
In the alternative, if the buyer does not exercise the right to cancel a referral sale, the buyer shall have with respect thereto the remedies provided in section 476-21. [L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-21 Failure to comply; remedy of buyer; penalty.

§476-21 Failure to comply; remedy of buyer; penalty.
In case of failure of the seller or holder to comply with the requirements of sections 476-3, 476-5 to 476-9, 476-11, 476-13, 476-19, 476-20 (if the buyer does not exercise the right to cancel the contract), 476-22 to 476-24, and 476-28 the buyer has the right to recover from the seller or holder, as the case may be, an amount equal to the finance charge or ten per cent of the cash price if no finance charge is specified in the contract or supplementary statement, and the seller is barred from recovery of any finance charge, late, or collection charge or refinancing charge on the credit sale contract involved.
Notwithstanding this section, the failure to comply with any provisions of this chapter may be corrected by the seller at any time after the execution of the credit sale contract, and before the institution of an action under this chapter or the seller is notified thereof in writing by the buyer, and if so corrected, neither the seller nor the holder is subject to any penalty under this or any other section of this chapter.
A seller or assignee may not be held liable in any action brought under this section if the seller or assignee shows by a preponderance of evidence that the failure to comply was not intentional and resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid any such error.
In any successful action under this section the buyer shall be entitled to the costs of the action, together with a reasonable attorney's fee as determined by court. [L 1961, c 102, pt of §1; Supp, §201A-18; HRS §476-19; am and ren L 1984, c 86, pt of §1]
Case Notes
Abuse of discretion in awarding fees. 4 H. App. 57, 659 P.2d 752.
Attorneys' fees not limited by §607-14. 4 H. App. 57, 659 P.2d 752.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-22 Cancellation of contract.

§476-22 Cancellation of contract.
After the payment of all sums for which the buyer is obligated under a credit sale contract, the holder of the contract shall mail to the buyer at the buyer's last known address, good and sufficient instruments to indicate payment in full and to release all security for the contract, and canceled negotiable instruments, if any, evidencing the indebtedness. [L 1961, c 102, pt of §1; Supp, §201A-19; HRS §476-20; am and ren L 1984, c 86, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-23 Credit upon anticipation of payments.

§476-23 Credit upon anticipation of payments.
Notwithstanding any provisions of a credit sale contract to the contrary, a buyer, upon five days' prior notice to the holder, may satisfy in full at any time before maturity the debt of the contract and in so satisfying the debt shall receive a refund credit thereon for such anticipation of payments, if the finance charge has been paid in advance. The amount of the refund shall represent at least as great a proportion of the total finance charge, less an acquisition cost of $10, as the sum of the periodical time balances, after the day of prepayment, bears to the sum of all the periodical time balances under the schedule of payments in the contract. When the amount of the credit for anticipation of payments is less than $1, no refund need be made. [L 1961, c 102, pt of §1; Supp, §201A-20; HRS §476-21; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-24 Additions to and consolidations of credit sale contracts.

§476-24 Additions to and consolidations of credit sale contracts.
Where a buyer makes any subsequent purchases of goods from a seller from whom the buyer has previously purchased goods under one or more credit sale contracts which provide for the extension of closed-end credit, and the amounts under the contract or contracts have not been fully paid, the previous purchases may be included in and consolidated with one or more of the subsequent contract or contracts, or the subsequent purchases may be included in and consolidated with one or more of the prior contract or contracts in which case a memorandum of such additional purchases shall be prepared by the seller and inserted in or attached to the seller's counterpart of the contract. The memorandum shall set forth:
(1) A description of the additional goods so purchased;
(2) The consolidated total indebtedness of the buyer;
(3) The finance charge which shall include any unearned portion of the old finance charge that is not credited to the prior contract or contracts;
(4) The annual percentage rate; and
(5) The revised installment payments.
A copy of the memorandum shall be furnished to the buyer prior to the due date of the first installment following the subsequent purchase.
Every memorandum which complies with the disclosure requirements of the federal Truth in Lending Act as of the date upon which the contract is executed shall be deemed to comply with the disclosure provisions of this section.
When such subsequent purchase is made, the entire amount of all payments made previous to the subsequent purchase shall be applied toward the payment of the previous purchase or purchases and each payment thereafter received shall be first applied to the payment of purchases first made. To the extent purchases are paid for according to this section, security interests in the goods which are the subject matter of the credit sale shall terminate as the payment with respect to each purchase is made.
Unless otherwise expressly stated in the contract, payments received by the seller upon a revolving charge account shall be applied first to the payment of finance charges, then to late charges, costs of action, and attorney's fees in the order of their entry to the account, and then to the payment of purchases in the order in which the entries to the account showing the purchases were made. [L 1961, c 102, pt of §1; Supp, §201A-28; am L 1967, c 285, §7; HRS §476-29; am L 1970, c 54, §1; am and ren L 1984, c 86, pt of §1]
Revision Note
In third paragraph, "this section" substituted for "section 476-24".
In fourth paragraph, "credit" substituted for "retail installment".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-25 Prohibition of removal or sale without notice.

§476-25 Prohibition of removal or sale without notice.
Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from the island in which the goods are first kept for use by the buyer after the sale and sell, mortgage, or otherwise dispose of the buyer's interest in the goods; but prior to full compliance by the buyer with the terms of the contract, the buyer shall not remove the goods from the island except for temporary use for a period of not more than thirty days unless the buyer not less than ten days before the removal gives the seller written notice, either personally or by registered or certified mail, of the place to which the goods are to be removed and the approximate time of the intended removal; and prior to full compliance by the buyer with the terms of the contract the buyer shall not sell, mortgage, or otherwise dispose of the buyer's interest in the goods, unless the person to whom the buyer is about to sell, mortgage, or otherwise transfer the goods notifies the seller in writing, either personally or by registered or certified mail, of the name and address of the person to whom the buyer's interest in the goods is about to be sold, mortgaged, or otherwise transferred. [L 1961, c 102, pt of §1; Supp, §201A-29; HRS §476-30; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-26 Removal; member of armed forces.

§476-26 Removal; member of armed forces.
Notwithstanding the provisions of section 476-25, a member of the armed forces of the United States on active duty who is a buyer of a motor vehicle under a contract, without the consent of the seller, may remove the motor vehicle from the island in which the motor vehicle was first kept for use by the buyer after sale if the buyer was a member of the armed forces of the United States on active duty at the time of execution of the contract and if such buyer has been reassigned to a different county, state, or country by competent government orders, unless the seller and buyer execute an agreement, separate and apart from the contract in respect of which it applies, stating that the motor vehicle may not be removed or stating the terms and conditions under which it may be removed. Notwithstanding the provisions of section 286-57, a member of the armed forces of the United States under contract with an out-of-state dealer or financial institution identified as the lien holder of record on a vehicle registration or vehicle title may remove said vehicle from the State without the consent of the seller. [L 1967, c 246, § §1, 2; HRS §476-31; am and ren L 1984, c 86, pt of §1; am L 2003, c 45, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-27 Fraudulent injury, concealment, removal, or sale; penalty.

§476-27 Fraudulent injury, concealment, removal, or sale; penalty.
When, in violation of the terms of the contract the buyer, maliciously or with intent to defraud, injures, destroys, or conceals the goods, or, without the consent of the seller, maliciously or with intent to defraud, removes the goods from the island in which the goods were first kept for use by the buyer after the sale, or to which with the consent of the seller the goods have been removed, or sells, mortgages, or otherwise disposes of the goods under claim of full ownership, the buyer shall be fined not more than $500 or imprisoned not more than one year, or both. [L 1961, c 102, pt of §1; Supp, §201A-30; HRS §476-32; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-28 Regulation of finance charges.

§476-28 Regulation of finance charges.
It shall be unlawful, directly or indirectly, to charge, contract for, collect, or receive any finance charge, on a credit sale contract except as is provided by this section.
(1) If the finance charge is stated as a dollar amount and is added on or deducted in advance, and the buyer promises to pay a fixed total of payments, the finance charge shall not exceed the amount of interest or discount which could lawfully be added on or deducted in advance by a financial services loan company under article 9 of chapter 412 on a loan to run for the same period as the credit sale contract, where the actual cash received by the borrower would be equal in amount to the principal balance of the credit sale contract, provided that a minimum finance charge of not more than $10 shall be allowable in a credit sale when the finance charge is stated in a dollar amount. Upon maturity of a contract, the rate of finance charge on the unpaid principal balance of the contract shall be eighteen per cent a year, unless a lesser rate for after maturity finance charge is specified in the contract.
(2) As an alternative to the finance charge authorized by paragraph (1), a seller may contract for and receive a finance charge at a rate not exceeding twenty-four per cent a year on the principal balance remaining unpaid from time to time under the contract, whether or not the rate of the finance charge under the contract is fixed or variable. Upon maturity of a contract, the rate of finance charge on the unpaid principal balance of the contract may be twelve per cent a year, the original contract rate of finance charge or, in the case of any extension or deferral, the rate of finance charge permitted by this chapter on the amount extended or deferred, whichever is greatest. [L 1961, c 102, pt of §1; Supp, §201A-31; HRS §476-33; am L 1979, c 212, §1; am and ren L 1984, c 86, pt of §1; am L 1989, c 266, §3; am L 1993, c 350, §23]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-29 Advertising in connection with credit sales.

§476-29 Advertising in connection with credit sales.
(a) Any person who advertises by television, radio, telephone, newspaper, magazine, other printed material, or in any other way, for the credit sale of goods or services primarily for person, family, or household purposes under an open-end credit plan and who in such advertising recites any of the terms required by section 476-4(a) to be disclosed in the same advertisement shall recite:
(1) Any minimum, fixed, transaction, activity, or similar charge that could be imposed;
(2) The annual percentage rate, and if the plan provides for a variable periodic rate, that fact; and
(3) Any membership or participation fee that will be imposed.
(b) Any person who advertises by television, radio, telephone, newspaper, magazine, other printed material, or in any other way, for the credit sale of goods or services primarily for personal, family, or household purposes, under a contract providing for the extension of closed-end credit, and who in that advertising recites the amount or percentage of any down payment, the number of payments, the period of payment, the amount of any payment, or the amount of any finance charge, shall in the same advertisement recite:
(1) The amount or percentage of the down payment;
(2) The terms of repayment; and
(3) The annual percentage rate and, if the rate may be increased after the buyer becomes contractually obligated on the contract, that fact.
(c) Every advertisement which complies with the requirement of the federal Truth in Lending Act as of the date upon which the advertisement is published shall be deemed to comply with the disclosure provisions of this section.
(d) This section shall not apply to catalog offers to sell which conform to the requirements of section 476-11. [L 1967, c 43, §2; HRS §476-35; am and ren L 1984, c 86, pt of §1; am L 1987, c 61, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-31 Attorney general, director of the office of consumer protection, or prosecutor to enforce chapter.

§476-31 Attorney general, director of the office of consumer protection, or prosecutor to enforce chapter.
The attorney general, the director of the office of consumer protection, or the prosecuting attorney may bring an action in the name of the State against any person to restrain and prevent any violation of this chapter. [L 1967, c 285, §10; HRS §476-37; am L 1976, c 32, §4; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 476. Credit Sales › 476-32 Short title.

§476-32 Short title.
This chapter may be cited as "The Credit Sales Act". [L 1961, c 102, pt of §1; Supp, §201A-33; HRS §476-38; am and ren L 1984, c 86, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 477E. Fair Credit Extension › 477E-2 Definitions.

§477E-2 Definitions.
As used in this chapter:
"Applicant" means any person who initially applies to a creditor directly for a loan or credit, or who directly applies to a creditor for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of an existing credit plan for an amount exceeding a previously established credit limit.
"Credit" means the loan of money, or the right granted by a creditor to a debtor to defer payment of debt, or to incur debts and defer payment therefor, or to purchase property or services and defer payment therefor.
"Creditor" means any bank; savings and loan association; trust company; financial services loan company; credit union; mortgage loan originator; mortgage loan originator company; pawnbroker; mutual benefit society or fraternal benefit society; debt adjuster; the issuer of a credit card as defined in section 708-800; any person who initiates, extends, renews, or continues loans of money or credit; any person who regularly arranges for the initiation, extension, renewal, or continuation of a loan of money or credit; or any assignee of an original creditor who participates in the decision to grant, extend, renew, or to continue a loan of money or credit.
"Person" means a natural person, a corporation, government or governmental subdivision or agency, a trust, estate, partnership, cooperative, or association. [L 1975, c 109, pt of §1; am L 1987, c 283, §39; am L 1989, c 266, §3; am L 2008, c 19, §3; am L Sp 2009, c 32, §6; am L 2010, c 84, §25]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 477E. Fair Credit Extension › 477E-3 Prohibited credit discrimination.

§477E-3 Prohibited credit discrimination.
(a) It shall be unlawful for any creditor to discriminate against any applicant on the basis of marital status with respect to any aspect of a credit transaction.
(b) An inquiry of marital status shall not constitute discrimination for the purposes of this chapter if such inquiry is for the purpose of ascertaining the creditor's rights and remedies applicable to the particular extension of credit, and not to discriminate in a determination of creditworthiness.
(c) A request for the signature of both parties to a marriage for the purpose of creating a valid lien, passing clear title, waiving inchoate rights to, or assigning the earnings and profits, in any transaction involving real property shall not be construed to be discrimination under this part; provided that this provision shall not be construed to permit a creditor to take marital status into account in connection with the evaluation of creditworthiness of any applicant.
(d) Consideration or application of the real property laws directly or indirectly affecting creditworthiness shall not constitute discrimination for any purpose of this chapter.
(e) Whenever either party to a marriage contracts separately for credit or a loan, the contracting party shall be solely responsible for the debt so contracted.
(f) Whenever each party to a marriage separately and voluntarily applies for, and obtains, separate credit accounts or loans with the same creditor, those accounts or loans shall not be aggregated, or otherwise combined, for purposes of determining permissible finance charges, or permissible loan ceilings. [L 1975, c 109, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 477E. Fair Credit Extension › 477E-4 Civil remedies.

§477E-4 Civil remedies.
(a) Any creditor who fails to comply with any requirement imposed under this chapter shall be liable to the aggrieved applicant in an amount equal to the sum of any actual damages sustained by such applicant.
(b) Any creditor who fails to comply with any requirement imposed under this chapter shall be liable to the aggrieved applicant for punitive damages in an amount not greater than $10,000, as determined by the court, in addition to any actual damages provided in subsection (a); provided that in pursuing the recovery allowed under this subsection, the applicant may proceed only in an individual capacity and not as a representative of a class.
(c) Whenever a creditor fails to comply with any requirement imposed under this chapter, an aggrieved applicant may institute a civil action for preventive relief, including an application for a permanent or temporary injunction, restraining order, or other action.
(d) In any successful action to enforce the foregoing liability or preventive action, the costs of the action, together with a reasonable attorney's fee, as determined by the court, shall be added to any damages awarded by the court under subsections (a), (b), and (c) of this section.
(e) Any action under this chapter shall be brought within one year from the last date of the occurrence of any violation, or within one year from the date on which the applicant learned, or should have learned, of the violation. [L 1975, c 109, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 477E. Fair Credit Extension › 477E-5 Unfair or deceptive act or practice.

§477E-5 Unfair or deceptive act or practice.
Any creditor 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 1975, c 109, pt of §1; am L 1996, c 59, §2; am L 2008, c 19, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 477E. Fair Credit Extension › 477E-6 Inconsistency with federal laws.

§477E-6 Inconsistency with federal laws.
No creditor shall be required to comply with any provisions of this chapter that are directly inconsistent with federal laws relating to discrimination in the advancement of credit. A provision of this chapter is not directly inconsistent with federal laws if it provides greater protection to an applicant. [L 1975, c 109, pt of §1]
2023 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]