reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-7 Right to cancel a distressed property conveyance contract.

§480E-7
Right to cancel a distressed property conveyance contract.
(a) A distressed property conveyance contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property conveyance contract in a type size no smaller than fourteen-point boldface type, completed with the correct date and time of day on which the cancellation right ends:
"YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOUSE, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE (Date and time of day). SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT."
(b) A distressed property conveyance contract shall be accompanied by the following notice of cancellation form, in duplicate, attached to the contract and easily detachable, in a type size no smaller than fourteen-point boldface type, completed with the date the contract was last signed, the name of the distressed property purchaser, the address where notice of cancellation is to be delivered, and the correct date and time of day on which the cancellation right ends:
"NOTICE OF CANCELLATION
(Enter date contract last signed)
(Date)
YOU MAY CANCEL THIS CONTRACT FOR THE SALE OF YOUR HOME, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE THE LATER OF MIDNIGHT OF THE FIFTEENTH BUSINESS DAY FOLLOWING THE DAY ON WHICH THE LAST PARTY TO A DISTRESSED PROPERTY CONVEYANCE CONTRACT SIGNS THE DISTRESSED PROPERTY CONVEYANCE CONTRACT OR 5:00 P.M. ON THE LAST DAY OF THE PERIOD DURING WHICH ANY OWNER OF A DISTRESSED PROPERTY HAS THE RIGHT TO CURE THE DEFAULT UNDER HAWAII LAW.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION, OR ANY OTHER WRITTEN NOTICE OF CANCELLATION, TO (Name of distressed property purchaser) AT (Address where notice of cancellation is to be delivered) NOT LATER THAN (Enter date and time of day).
I HEREBY CANCEL THIS TRANSACTION.
_________________________
(DATE)
_____________________________
(Seller's signature)"
[L 2008, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-8 Cancellation of a distressed property conveyance contract.

§480E-8 Cancellation of a distressed property conveyance contract.
(a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property conveyance contract, without any penalty or obligation, at any time before the later of midnight of the fifteenth business day following the day on which the last party to a distressed property conveyance contract signs the distressed property conveyance contract or 5:00 p.m. on the last day of the period during which any distressed property owner has the right to cure a default under state law.
(b) The period of fifteen business days following the day on which the last party to a distressed property conveyance contract signs the contract during which any distressed property owner may cancel the contract shall not begin to run until all parties to the distressed property conveyance contract have executed the distressed property conveyance contract and the distressed property purchaser has complied with all the requirements of sections 480E-6, 480E-7, and this section.
(c) Cancellation occurs when any distressed property owner delivers, by any means, and within the time specified under subsection (a), written notice of cancellation to the address specified in the distressed property conveyance contract.
(d) Notice of cancellation, if given by mail, is effective when deposited in the mail with postage prepaid. Notice by certified mail, return receipt requested, addressed to the address specified in the distressed property conveyance contract, shall be conclusive proof of notice of cancellation.
(e) Notice of cancellation given by any distressed property owner need not take the particular form as provided with the distressed property conveyance contract and, however expressed, is effective if it indicates the intention of a distressed property owner not to be bound by the contract.
(f) Within fifteen days following receipt of a notice of cancellation given in accordance with this section, the distressed property purchaser shall return, without condition, any and all original contracts and documents signed by any distressed property owner. [L 2008, c 137, pt of §2; am L 2016, c 142, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-9 Distressed property lease.

§480E-9 Distressed property lease.
(a) A distressed property lease shall be in writing and shall fully disclose:
(1) All rights and obligations of the distressed property lessor and distressed property lessee;
(2) The exact terms of the agreement between the distressed property lessor and distressed property lessee;
(3) The exact period of time the distressed property lease is to be in effect; and
(4) The total amount and terms of compensation to be directly or indirectly received by the distressed property lessor.
(b) Distressed property lessees shall be afforded all rights under the landlord-tenant law of the State. No distressed property lease shall provide a distressed property lessee with rights less than those provided by the State's landlord-tenant law as set forth in chapters 521 and 666.
(c) The first page of a distressed property lease shall contain in a type size no smaller than fourteen-point boldface type:
(1) A description of the distressed property;
(2) The name, street address, and telephone number of the distressed property lessor; and
(3) The name and address of the distressed property lessor to which lease or rental payments, correspondence, and notices are to be mailed.
(d) A distressed property lease shall be dated and signed by the distressed property lessor. If the distressed property lessor is a person other than an individual, the individual executing the distressed property lease on behalf of the distressed property lessor shall identify the title and office held by the individual.
(e) A distressed property lease shall be dated and signed by all lessees of the distressed property.
(f) The distressed property lessor shall provide each distressed property lessee with a copy of the distressed property lease immediately upon execution by all parties to the distressed property lease. A distressed property lease shall not be effective until all parties to the distressed property lease have signed the lease. [L 2008, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-9.5 Recordkeeping and compliance requirements.

§480E-9.5 Recordkeeping and compliance requirements.
(a) Any distressed property consultant shall keep, for a period of twenty-four months from the date the record is created, the following records:
(1) All contracts or other agreements between the distressed property consultant and any consumer for any mortgage assistance relief service;
(2) Copies of all written communications between the distressed property consultant and the distressed property owner or owners occurring prior to the date on which the property owner or owners entered into an agreement with the distressed property consultant for any mortgage assistance relief service;
(3) Copies of all documents or telephone recordings created in connection with compliance with subsection (b);
(4) All files containing the distressed property owner's or owners' names and phone numbers, dollar amounts paid, and descriptions of mortgage assistance relief services purchased, to the extent the distressed property consultant keeps such information in the ordinary course of business;
(5) Copies of all materially different sales scripts, training materials, commercial communications, or other marketing materials, including websites and weblogs, for any mortgage assistance relief service; and
(6) Copies of the documentation provided to the consumer as specified in section 480E-3.
(b) A distressed property consultant shall also:
(1) Take reasonable steps sufficient to monitor and ensure that all employees and independent contractors comply with this chapter. Such steps shall include the monitoring of communications directed at specific consumers and shall also include, at a minimum, the following:
(A) If the distressed property consultant is engaged in the telemarketing of mortgage assistance relief services, performing random, blind recording and testing of the oral representations made by individuals engaged in sales or other customer service functions;
(B) Establishing a procedure for receiving and responding to any and all complaints regarding or relating to the distressed property consultant or mortgage assistance relief service, or both; and
(C) Ascertaining the number and nature of any complaints regarding transactions in which any employee or independent contractor, or both, is involved;
(2) Investigate promptly and fully each consumer complaint received;
(3) Take corrective action with respect to any employee or independent contractor whom the distressed property consultant determines is not complying with this chapter, which action may include training, disciplining, or terminating the individual; and
(4) Maintain any information and material necessary to demonstrate the distressed property consultant's compliance with this subsection.
(c) A distressed property consultant may keep the records required by this section in any form, and in the same manner, format, or place as it keeps such records in the ordinary course of business. [L 2016, c 142, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-11 Unfair or deceptive act or practice; penalties.

§480E-11
Unfair or deceptive act or practice; penalties.
(a)
Any person who violates any provision of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
(b) Any person who violates any provision of title 12 Code of Federal Regulations part 1015, pertaining to mortgage assistance relief services, shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
(c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State. [L 2008, c 137, pt of §2; am L 2012, c 183, §2; am L 2016, c 142, §10]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-12 Criminal penalties.

§480E-12 Criminal penalties.
Any person who violates section 480E-10 is guilty of a class C felony and, in addition to any other penalties, shall be fined $10,000. [L 2012, c 183, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-13 Requirements for attorneys licensed in Hawaii.

§480E-13 Requirements for attorneys licensed in Hawaii.
An attorney licensed in the State engaged in the practice of law who performs or provides, or attempts to perform or provide, or who arranges for others to perform or provide, or who assists others to perform or provide, or who makes any solicitation, representation, or offer to perform or provide, any mortgage assistance relief service shall:
(1) Execute a written contract that identifies each mortgage assistance relief service to be provided;
(2) Maintain a client trust account that complies with all applicable state laws and rules;
(3) Deposit into the attorney's client trust account all moneys received by or on behalf of the consumer to be provided with any mortgage assistance relief service; and
(4) Keep and maintain all moneys received in deposit in the client trust account until such time as the attorney has fully performed each service the attorney contracted to perform or represented would be performed. [L 2016, c 142, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-14 Enforcement authority.

§480E-14 Enforcement authority.
The attorney general or the executive director of the office of consumer protection is authorized to investigate reported or suspected violations of the federal mortgage assistance relief services rules, set forth in title 12 Code of Federal Regulations part 1015, and to enforce such rules by bringing civil actions or proceedings. [L 2016, c 142, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480F. Check Cashing › 480F-1 Definitions.

§480F-1 Definitions.
As used in this chapter, unless the context requires otherwise:
"Check" means any check, draft, money order, or other instrument for the transmission or payment of money. "Check" does not include a traveler's check or foreign denomination or foreign drawn payment instrument.
"Check casher" means a person or entity that engages in the business of cashing checks for a fee.
"Fee" includes any payment of cash or other consideration paid or given by a customer to a check casher in exchange for the cashing of a check, including an exchange of value for the purchase of catalog items, which is in excess of regular retail value, or for coupons, which may be redeemed for goods or services. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2021, c 56, §7]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480F. Check Cashing › 480F-2 Posting and notice of fees charged.

§480F-2 Posting and notice of fees charged.
Any person who cashes one or more checks for a fee shall:
(1) Post in a conspicuous place in every location at which the person does business a notice that sets forth:
(A) The fees charged for cashing a check, for selling or issuing a money order, and for the initial issuance of any membership or identification cards; and
(B) That consumer complaints about the check cashing business may be filed with the department of commerce and consumer affairs, and includes and identifies the telephone number of the consumer information service of the department of commerce and consumer affairs;
(2) Provide written notice to each customer of the fees charged for cashing checks that is separate from and in addition to any posted notice;
(3) Obtain a written acknowledgment from the customer that written notice of the fees charged for cashing checks was provided; and
(4) Provide each customer a receipt documenting any and all fees charged. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480F. Check Cashing › 480F-3 Authorized fees.

§480F-3 Authorized fees.
No check casher shall charge fees in excess of the following amounts:
(1) Five per cent of the face amount of the check or $5, whichever is greater;
(2) Three per cent of the face amount of the check or $5, whichever is greater, if the check is the payment of any kind of state public assistance or federal social security benefit payable to the bearer of the check;
(3) Ten per cent of the face amount of a personal check or money order, or $5, whichever is greater; or
(4) No more than $10 to set up an initial account and issue an optional membership or identification card, and no more than $5 for a replacement optional identification card. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2021, c 56, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480F. Check Cashing › 480F-5 Exemptions.

§480F-5 Exemptions.
This chapter shall not apply to:
(1) Any person who is principally engaged in the bona fide retail sale of goods or services, and who, either as incident to or independent of the retail sale or service, from time to time cashes items for a fee or other consideration, where not more than $2, or two per cent of the amount of the check, whichever is greater, is charged for the service; or
(2) Any person authorized to engage in business as a bank, trust company, savings bank, savings and loan association, financial services loan company, or credit union under the laws of the United States, any state or territory of the United States, or the District of Columbia. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480F. Check Cashing › 480F-6 Penalties.

§480F-6 Penalties.
(a) Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a). Aggrieved consumers may seek those remedies set forth in section 480-13(b).
(b) Any person who is not a consumer and is injured by a wilful violation of this chapter may bring an action for the recovery of damages, a proceeding to restrain and enjoin those violations, or both. If judgment is for the plaintiff, the plaintiff shall be awarded a sum not less than $1,000 or threefold damages, whichever sum is greater, and reasonable attorneys' fees together with the costs of suit.
(c) A wilful violation of this chapter shall be punishable by a fine of up to $500 and up to thirty days imprisonment. [L 1999, c 146, pt of §1; am L 2001, c 20, §1; am L 2008, c 19, §11; am L 2021, c 56, §9]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480F. Check Cashing › 480F-7 Other relief available.

§480F-7 Other relief available.
The penalties provided in this chapter are in addition to penalties and remedies otherwise available against the same conduct under the common law or other state or federal statutes or rules. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-1 Unlawful practices.

§481-1 Unlawful practices.
It shall be unlawful for any person, firm, or corporation, doing business in the State and engaged in the production, manufacture, distribution, or sale of any commodity, or product, or service, or output of a service trade, of general use or consumption, or the product or service of any public utility, with the intent to destroy the competition of any regular established dealer in the commodity, product, or service, or to prevent the competition of any person, firm, private corporation, or municipal or other public corporation, who or which in good faith, intends and attempts to become such dealer, to discriminate between different sections, communities, or cities or portions thereof, or between different locations in such sections, communities, cities, or portions thereof in this State, by selling or furnishing the commodity, product, or services at a lower rate in one section, community, or city, or any portion thereof, or in one location in such section, community, or city or any portion thereof, than in another after making allowance for difference, if any, in the grade or quality, quantity and in the actual cost of transportation from the point of production, if a raw product or a commodity, or from the point of manufacture if a manufactured product or commodity, and in the overhead cost.
Motion picture films when delivered under a lease to motion picture houses shall not be deemed to be a commodity or product of general use, or consumption, under this part. This part shall not be construed to prohibit the meeting in good faith of the rates of a competitor as herein defined, selling the same article or product, or service or output of a service trade in the same locality or trade area, or to prevent a reasonable classification of service by public utilities for the purpose of establishing rates.
The inhibition hereof against locality discrimination embraces any scheme of special rebates, collateral contracts, or any device of any nature whereby such discrimination is, in substance or fact, effected in violation of the spirit and intent of this part. [L 1937, c 223, §1; am L 1941, c 175, §1; RL 1945, §9321; RL 1955, §205-2; HRS §481-1]
Cross References
Unfair trade practices in insurance business, see chapter 431, article 13.
Case Notes
Relation of federal regulation and possible antitrust exemption to state laws construed. 460 F. Supp. 1359.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-2 Officers and agents.

§481-2 Officers and agents.
Any person who, either as director, officer, or agent of any firm or corporation, or as agent of any person, violating this part, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm, or corporation for whom or which the person acts. [L 1937, c 223, §2; RL 1945, §9322; RL 1955, §205-3; HRS §481-2; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-3 Sales at less than cost.

§481-3 Sales at less than cost.
No person, partnership, firm, corporation, joint stock company, or other association engaged in business within the State shall sell, offer for sale, or advertise for sale any article, or product, or service or output of a service trade, at less than the cost thereof to such vendor, or give, offer to give, or advertise with the intent to give away any article or product, or service or output of a service trade, with the intent to destroy competition.
The term "cost" as applied to production includes the cost of raw materials, labor, and all overhead expenses of the producer; and as applied to distribution "cost" means and includes the invoice cost of the merchandise to a distributor or the replacement cost of the merchandise to a distributor, whichever is lower; less all trade discounts except customary discounts for cash; to which shall be added (1) freight charges not otherwise included in the invoice cost or the replacement cost of the merchandise as herein set forth, and (2) cartage to the distributor outlet if done or paid for by the distributor, and (3) a markup to cover a proportionate part of the cost of doing business, which markup, in the absence of proof of a lesser cost, shall be six per cent of the cost to the distributor as herein set forth after adding thereto freight charges and cartage but before adding thereto a markup; provided that in the case where a person, partnership, corporation, or association is engaged in the business or makes sales both at retail and wholesale, the "invoice cost" includes all elements recognized by good accounting practice as proper elements of the cost; provided further that taxes passed on to a purchaser as a separate item from the price of merchandise shall be included in the advertised price or offer of sale of the merchandise if such taxes are used to compute the markup of six per cent as provided herein.
The "cost of doing business" or "overhead expense" means all costs of doing business incurred in the conduct of the business and includes without limitation the following items of expense: labor (including salaries of executive officers), rent, interest on borrowed capital, depreciation, selling cost, maintenance of equipment, delivery costs, credit losses, all types of licenses, taxes, insurance, and advertising. [L 1937, c 223, §3; RL 1945, §9323; am L 1955, c 241, §1(a); RL 1955, §205-4; am L 1961, c 95, §1; HRS §481-3]
Case Notes
Purpose is to protect competitors as well as competition. 63 H. 289, 627 P.2d 260.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-4 Purchase at forced or bankrupt sales.

§481-4 Purchase at forced or bankrupt sales.
In establishing the cost of a given article or product to the distributor and vendor, the invoice cost of the article or product purchased at a forced, bankrupt, closeout sale or other sale outside of the ordinary channels of trade may not be used as a basis for justifying a price lower than one based upon the replacement costs as of date of the sale of the article or product replaced through the ordinary channels of trade, unless the article or product is kept separate from goods purchased in the ordinary channels of trade and unless the article or product is advertised and sold as merchandise purchased at a forced, bankrupt, closeout sale, or by means other than through the ordinary channels of trade, and the advertising shall state the conditions under which the goods were so purchased, and the quantity of the merchandise to be sold or offered for sale. [L 1937, c 223, §4; RL 1945, §9324; RL 1955, §205-5; HRS §481-4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-5 Proof of intent; cost surveys.

§481-5 Proof of intent; cost surveys.
In any injunction proceeding against any person as officer, director, or agent, it shall be sufficient to allege and prove the unlawful intent of the person, firm, or corporation for whom or which the person acts. Where an injunction is sought for a violation of section 481-3 the proof of the unlawful act or acts and of the injurious effects thereof shall be prima facie evidence of the intent to destroy competition; provided that such a rule of evidence applies only to injunction proceedings brought under section 481-3. Where a particular trade or industry, of which the person, firm, or corporation complained against is a member, has an established cost survey for the locality and vicinity in which the offense is committed, the cost survey shall be deemed competent evidence to be used in proving the costs of the person, firm, or corporation complained against within this part. [L 1937, c 223, §5; RL 1945, §9325; am L 1955, c 241, §1(b); RL 1955, §205-6; HRS §481-5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-6 When sale at less than cost permitted.

§481-6 When sale at less than cost permitted.
Sections 481-3 to 481-5 shall not apply to any sale made:
(1) In closing out in good faith the owner's stock or any part thereof for the purpose of discontinuing the owner's trade in any such stock or commodity, and in the case of the sale of seasonal goods, or to the bona fide sale of perishable goods to prevent loss to the vendor by spoilage or depreciation, provided notice is given to the public thereof;
(2) When the goods are damaged or deteriorated in quality, and notice is given to the public thereof;
(3) By an officer acting under the orders of any court;
(4) In an endeavor made in good faith to meet the lawful prices of a competitor, as herein defined, selling the same article or product, or service or output of a service trade, in the same locality or trade area;
(5) By the government or any agency thereof, of the United States, the State, or any county, or by post exchanges or ships' service stores operating under and in accordance with United States army or naval regulations.
In case of any sale at less than cost which does not fall within (1) to (5) of this section, the burden of proof shall be on the defendant to show that the sale was not made for the purpose of injuring competitors and destroying competition within the meaning of this part.
Any person, firm, or corporation who performs work upon, renovates, alters, or improves any personal property belonging to another person, firm, or corporation, shall be construed to be a vendor within the meaning of this part. [L 1937, c 223, §6; am L 1941, c 175, §2; RL 1945, §9326; am L 1955, c 241, §1(c); RL 1955, §205-7; HRS §481-6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-7 Rebates, refunds, etc.

§481-7 Rebates, refunds, etc.
The payment or allowance of rebates, refunds, commissions, or unearned discounts whether in the form of money or otherwise or extending to certain purchasers, special services, or privileges not extended to all purchasers purchasing upon like terms and conditions, to the injury of a competitor and where the payment or allowance tends to destroy competition, is an unfair practice and any person, firm, or corporation resorting to such trade practice shall be subject to injunction or suit for damages as provided in this chapter; provided that this section shall not apply to dealings between a principal and agent under the terms of a bona fide agency contract, nor to sales by an employer to the employer's bona fide employees of any articles which are part of the stock. [L 1937, c 223, §7; am L 1941, c 175, §3; RL 1945, §9327; am L 1955, c 241, §1(d); RL 1955, §205-8; HRS §481-7; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-8 Duty of attorney general to prosecute.

§481-8 Duty of attorney general to prosecute.
Upon the third violation of any of the provisions of sections 481-1 to 481-7 by any corporation, each of such violations having been proved in a separate court action, the attorney general shall institute proper action in a court of competent jurisdiction to forfeit the charter, rights, franchises, or privileges and powers exercised by the corporation, and to permanently enjoin it from transacting business in the State. If in such action the court finds that the corporation is violating or has violated any of the provisions of sections 481-1 to 481-7, it shall enjoin the corporation from doing business in the State permanently or for such time as the court shall order, or annul the charter, or revoke the franchise of the corporation. [L 1937, c 223, §8; RL 1945, §9328; am L 1955, c 241, §1(e); RL 1955, §205-9; HRS §481-8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-9 Illegal contracts.

§481-9 Illegal contracts.
Any contract, express or implied, made by any person, firm, or corporation in violation of any of the provisions of sections 481-1 to 481-7 is declared to be an illegal contract and no recovery thereon shall be had. [L 1937, c 223, §9; RL 1945, §9329; RL 1955, §205-10; HRS §481-9]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-10 Actions to enjoin violation.

§481-10 Actions to enjoin violation.
Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of sections 481-1 to 481-7 and, if injured thereby, for the recovery of damages. If, in the action, the court finds that the defendant is violating or has violated any of the provisions of sections 481-1 to 481-7, it shall enjoin the defendant from a continuance thereof. It shall not be necessary that actual damages to the plaintiff be alleged or proved. In addition to such injunctive relief, the plaintiff shall be entitled to recover from the defendant three times the amount of any actual damages sustained.
Any defendant in an action brought under this section may be compelled to testify by deposition under chapter 624, or in person before the court in which the action is brought, and may be examined by the plaintiff, as if on cross-examination, and the plaintiff shall not be bound by the defendant's testimony; and in addition the books and records of any such defendant may be brought into court and introduced, by reference, into evidence.
The defendant may in like manner and subject to like conditions and with like privileges compel the plaintiff to testify by deposition or otherwise. [L 1937, c 223, §10; RL 1945, §9330; am L 1955, c 241, §1(f); RL 1955, §205-11; HRS §481-10; gen ch 1985]
Rules of Court
Depositions, see Hawaii Rules of Civil Procedure, part V.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-11 Remedies cumulative.

§481-11 Remedies cumulative.
The remedies prescribed in this part are cumulative and in addition to the remedies prescribed in chapter 269 for discriminations by public utilities. If any conflict arises between this part and chapter 269, the latter prevails. [L 1937, c 223, pt of §12; RL 1945, §9332; am L 1955, c 241, §1(g); RL 1955, §205-13; HRS §481-11]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-21 Findings and declaration of public policy.

§481-21 Findings and declaration of public policy.
The legislature of the State of Hawaii finds that the sale and distribution at retail of goods manufactured by or for or sold by the government of the United States, or any agency or department thereof, is peculiarly susceptible to fraud and misrepresentation. The public interest requires that goods offered for sale in connection with representations of any form in which the government of the United States or any agency or department thereof is involved should be accurately identified and correctly described. The commingling of goods in such a way as might create a misapprehension on the part of any purchaser that the purchaser is buying goods sold by the government of the United States or any agency or department thereof, or that the goods were manufactured pursuant to government specifications, or that the goods in fact are at the time of sale in accordance with such specifications, or that the goods are new or in perfect condition, when not true in fact, is hereby declared inimical to public interest and an unfair trade practice. [L 1945, c 214, §1; RL 1955, §205-40; HRS §481-21; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-22 Unauthorized use of certain trade names prohibited.

§481-22 Unauthorized use of certain trade names prohibited.
No person shall use any trade name which includes the word "Army", "Navy", "Marine", "Coast Guard", "Government", "G.I.", or any other term which denotes an agency or department of the government of the United States, without being lawfully authorized so to do by the government of the United States or an agency or agencies thereof. [L 1945, c 214, §2; RL 1955, §205-41; HRS §481-22]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-23 Fraudulent representation of origin of goods.

§481-23 Fraudulent representation of origin of goods.
No person shall sell or offer for sale at retail any goods incorrectly purporting to be manufactured by or for or sold by the government of the United States. [L 1945, c 214, §3; RL 1955, §205-42; HRS §481-23]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-24 Advertising or display requirements.

§481-24 Advertising or display requirements.
Any person who represents by sign, window display, label, advertising, or any other means that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, shall, with equal prominence and in the same manner, make known by appropriate descriptive term the merchandising class of such goods. Without prejudice to the generality of the foregoing, the person shall use the terms "Used", "Rejects", "Reclaimed", "Reconditioned", "Seconds", "Irregulars", "Damaged", or the like, where any such term may be applicable. [L 1945, c 214, §4; RL 1955, §205-43; HRS §481-24; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-25 Additional display requirements.

§481-25 Additional display requirements.
Any person who represents by sign, window display, label, advertising, or by any other means, that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, and who also sells other goods, shall specifically distinguish the two classes of merchandise by individual label on item of goods displayed for sale or by segregation into labeled bins, compartments, or areas. [L 1945, c 214, §5; RL 1955, §205-44; HRS §481-25; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-26 Penalty.

§481-26 Penalty.
Any person who sells goods in violation of this part shall be fined not more than $50, and each such sale shall constitute a separate offense. [L 1945, c 214, §6; RL 1955, §205-45; HRS §481-26]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481. Fair Trade Regulations › 481-27 Injunctions.

§481-27 Injunctions.
Any person violating or neglecting or failing in any particular to conform to or comply with this part may be enjoined by the circuit court of the State by mandatory or restraining order necessary or proper to effectuate the purposes of this part in a suit brought by the attorney general in the name of the State or by any private person in the person's own name. [L 1945, c 214, §7; RL 1955, §205-46; HRS §481-27; gen ch 1985]
Rules of Court
Injunctions, see HRCP rule 65.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481A. Uniform Deceptive Trade Practice Act › 481A-2 Definitions.

§481A-2 Definitions.
As used in this chapter, unless the context otherwise requires:
"Article" means a product as distinguished from its trademark, label, or distinctive dress in packaging.
"Certification mark" means a mark used in connection with the goods or services of a person other than the certifier to indicate geographic origin, material, mode of manufacture, quality, accuracy, or other characteristics of the goods or services or to indicate that the work or labor on the goods or services was performed by members of a union or other organization.
"Collective mark" means a mark used by members of a cooperative, association, or other collective group or organization to identify goods or services and distinguish them from those of others, or to indicate membership in the collective group or organization.
"Mark" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement.
"Person" means an individual, corporation, government, or governmental subdivision or agency, business trust, estate, trust, partnership, unincorporated association, two or more of any of the foregoing having a joint or common interest, or any other legal or commercial entity.
"Service mark" means a mark used by a person to identify services and to distinguish them from the services of others.
"Trademark" means a mark used by a person to identify goods and to distinguish them from the goods of others.
"Trade name" means a word, name, symbol, device, or any combination of the foregoing in any form or arrangement used by a person to identify the person's business, vocation, or occupation and distinguish it from the business, vocation, or occupation of others. [L 1969, c 187, pt of §1; gen ch 1985]
Revision Note
Numeric designations deleted and definitions rearranged.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481A. Uniform Deceptive Trade Practice Act › 481A-4 Remedies.

§481A-4 Remedies.
(a) A person likely to be damaged by a deceptive trade practice of another may be granted an injunction against it under the principles of equity and on terms that the court considers reasonable. Proof of monetary damage, loss of profits, or intent to deceive is not required. Relief granted for the copying of an article shall be limited to the prevention of confusion or misunderstanding as to source.
(b) Costs shall be allowed to the prevailing party unless the court otherwise directs. The court may award attorneys' fees to the prevailing party if (1) the party complaining of a deceptive trade practice has brought an action which the party knew to be groundless, or (2) the party charged with a deceptive trade practice has wilfully engaged in the trade practice knowing it to be deceptive.
(c) The relief provided in this section is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. [L 1969, c 187, pt of §1; gen ch 1985]
Case Notes
Plaintiffs alleged that by packaging and marketing defendant's snack as originating from Hawaii, defendant, a snack food manufacturer, violated the uniform deceptive trade practices act (UDTPA) because the snacks were, in fact, manufactured on the mainland. In addition, plaintiffs sought injunctive relief pursuant to this section in order to prevent defendant from continuing to engage in wrongful acts and business practices. However, the court was unconvinced that plaintiffs adequately pled a UDTPA claim. 407 F. Supp. 3d 953 (2019).
Where there was no evidence in the record that plaintiffs knew that their claim under this chapter was "groundless", as required for an award of attorneys' fees under subsection (b), trial court did not err in denying defendant's motion for attorneys' fees and costs under this section. 98 H. 309, 47 P.3d 1222.
Where plaintiffs' claims were based on a common core of facts, occurred roughly within the same two-month span of time, and were based on similar legal theories, such that it appeared that counsels' time was devoted largely to the litigation as a whole and not divisible into discrete slivers neatly matching each claim advanced, and the trial judge was in the best position to assess the reasonableness of counsels' actions, trial court did not abuse its discretion in awarding fifty per cent of the attorneys' fees requested by plaintiffs. 116 H. 42 (App.), 169 P.3d 994.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481A. Uniform Deceptive Trade Practice Act › 481A-5 Application.

§481A-5 Application.
(a) This chapter does not apply to:
(1) Conduct in compliance with the orders or rules of, or a statute administered by, a federal, state, or local governmental agency;
(2) Publishers, broadcasters, printers, or other persons engaged in the dissemination of information or reproduction of printed or pictorial matters who publish, broadcast, or reproduce material without knowledge of its deceptive character; or
(3) Actions or appeals pending on July 14, 1969.
(b) Sections 481A-3(a)(2) and 481A-3(a)(3) do not apply to the use of a service mark, trademark, certification mark, collective mark, trade name, or other trade identification that was used and not abandoned before July 14, 1969 if the use was in good faith and is otherwise lawful except for this chapter. [L 1969, c 187, pt of §1]
Revision Note
"July 14, 1969" substituted for "the effective date of this Act" and "the effective date of this chapter".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481B. Unfair and Deceptive Practices › 481B-1 Unsolicited goods, etc., unconditional gift.

Note
Part I designation added by L 2001, c 281, §2.
§481B-1 Unsolicited goods, etc., unconditional gift.
No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, property, or merchandise, where the offer includes the voluntary and unsolicited sending of goods, property, or merchandise not actually ordered or requested by the recipient, either orally or in writing. The receipt of any such unsolicited goods, property, or merchandise shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner the recipient sees fit without any obligation on the recipient's part to the sender. [L 1969, c 84, §1; gen ch 1985; am L 1996, c 59, §3]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481B. Unfair and Deceptive Practices › 481B-1.5 Same, commercial mail order buying clubs.

§481B-1.5 Same, commercial mail order buying clubs.
(a) Any person who is regularly engaged in the business of selling or offering for sale goods, property, or merchandise through a mail order scheme whereby the purchaser contracts or promises to buy a certain quantity of such goods, property, or merchandise periodically over a certain period of time with an option to make certain purchases or to choose alternative goods, property, or merchandise shall, for each separate order and before delivery of any item, supply the purchaser with an order form stating the various options available to the purchaser. No such person shall send to any purchaser such goods, property, or merchandise except pursuant to an order duly made by the purchaser on such an order form.
(b) The receipt of any goods, property, or merchandise sent in violation of subsection (a) shall for all purposes be deemed an unconditional gift to the recipient who may use or dispose of the same in any manner the recipient sees fit without any obligation on the recipient's part to the sender. Violation of subsection (a) is unlawful and shall be subject to the penalty provided in section 481B-4. [L 1974, c 255, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481B. Unfair and Deceptive Practices › 481B-2 Aid to handicapped, misrepresentation as to.

§481B-2 Aid to handicapped, misrepresentation as to.
(a) It shall be unlawful for any person engaging in business for profit or the person's agents to represent that proceeds from the sale or services by such person or the person's agent are for the benefit of individuals on account of their being disabled or handicapped when, in fact, the proceeds will not be so used.
(b) A disabled or handicapped person who solicits sales of goods or services by telephone and who represents that the person is a disabled or handicapped person shall disclose:
(1) The person's name and vocational rehabilitation certificate number.
(2) Who the person's employer is.
(3) The amount of remuneration or commission the person will receive from the sale of the goods or services.
(4) That the person represents a business for profit which is owned by persons who are not disabled or handicapped if such is the fact. [L 1969, c 213, pt of §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481B. Unfair and Deceptive Practices › 481B-3 Certificate.

§481B-3 Certificate.
The vocational rehabilitation section of the department of human services shall issue a numbered certificate to a disabled or handicapped person who will engage in the solicitation of goods or services by telephone.
The certificate shall certify that the applicant is a handicapped or disabled person, with a handicap or disability which constitutes a substantial permanent or semi-permanent handicap to employment. The certificate shall be good for one year and may be renewed.
No person in soliciting the sale of goods or services by telephone shall represent that the person is a disabled or handicapped person if the person does not have a certificate from the vocational rehabilitation section of the department of human services. [L 1969, c 213, pt of §1; am L 1970, c 105, §5; gen ch 1985; am L 1987, c 339, §4]