reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-6 Door-to-door sales.

§481H-6
Door-to-door sales.
No door-to-door sales of water treatment units shall be permitted unless a copy of data, claims, and information on water quality and health effects, as used in the sales presentation, are made a part of the contract. As used in this section, "data, claims, and information" includes but is not limited to, graphs, charts, news clippings, and other supporting information. [L 1991, c 260, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-7 Exchanges.

§481H-7 Exchanges.
Any person in the business of offering water treatment units for sale at retail who accepts the return of goods for exchange only, shall post conspicuous signs in the person's place of business bearing the words "Exchanges only", or words or phrases of similar import, to inform customers that only exchanges will be given. [L 1991, c 260, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481H. Water Treatment Units › 481H-8 Remedies.

§481H-8 Remedies.
(a) Any violation of the provisions of this chapter shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce under section 480-2.
(b) The penalty provided in subsection (a) is in addition to remedies otherwise available against the same conduct under the common law or other statutes of this State. [L 1991, c 260, pt of §1; am L 2008, c 19, §22]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481I. Motor Vehicle Express Warranty Enforcement (Lemon Law) › 481I-1 Legislative intent.

§481I-1
Legislative intent.
The legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer. The legislature further recognizes that a duly franchised motor vehicle dealer is an authorized service agent of the manufacturer. It is the intent of the legislature that a good faith motor vehicle warranty complaint by a consumer be resolved by the manufacturer within a specified period of time. It is further the intent of the legislature to provide statutory procedures whereby a consumer may receive a replacement motor vehicle, or a full refund, for a motor vehicle which is not brought into conformity with the applicable express warranties, as provided in this chapter. Finally, it is the intent of the legislature to ensure that consumers are made aware of their rights under this chapter and are not refused the information, documents, or service necessary to exercise their rights.
Nothing in this chapter shall in any way limit or expand the rights or remedies which are otherwise available to a consumer under any other law. [L 1992, c 314, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481J. Used Motor Vehicle Sales and Warranties › 481J-1 Definitions.

§481J-1
Definitions.
When used in this chapter unless the context otherwise requires:
"Consumer" means the purchaser, other than for purposes of resale, of a used motor vehicle primarily used for personal, family, or household purposes and subject to a warranty, and the spouse or child of the purchaser if the motor vehicle is transferred to the spouse or child during the duration of any warranty applicable to such motor vehicle, and any other person entitled by the terms of such warranty to enforce the obligations of the warranty.
"Dealer" is defined in section 437-1.1.
"Used motor vehicle" means a motor vehicle as that term is defined in section 481I-2, which has been purchased or transferred either after one year from the date of original delivery, or after twelve thousand miles of operation, whichever occurs first.
"Warranty" means any undertaking in connection with the sale by a dealer of a used motor vehicle to refund, repair, replace, maintain, or take other action with respect to that used motor vehicle and provided at no extra charge beyond the price of the used motor vehicle. [L 1994, c 224, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481J. Used Motor Vehicle Sales and Warranties › 481J-4 Disclosure of damages or defects in used motor vehicles.

§481J-4 Disclosure of damages or defects in used motor vehicles.
(a) No dealer may offer for sale any used motor vehicle without first providing:
(1) Written notice to the prospective consumer of any material mechanical defect in the motor vehicle and any damage sustained by the motor vehicle due to fire, water, collision, or other causes for which the cost of repairs exceeds $1,000 for parts and labor, when the defect or damage is known to the dealer; and
(2) Written notice to the prospective consumer whether the dealer has conducted any inspection of the motor vehicle to determine known defects or damage.
(b) If a dealer promises that any repairs will be made or any conditions corrected in connection with the purchase of a used motor vehicle, such promises shall be provided in writing and either attached or incorporated into the sales contract.
(c) For purposes of this section:
"Known" means that a dealer or the dealer's agent or employee has obtained facts or information about the condition of a motor vehicle which would lead a reasonable person in similar circumstances to believe that the motor vehicle contained one or more material mechanical defects. The term "known" encompasses knowledge obtained through an inspection, from a previous owner, from the salesperson at an auction or another dealer, or through other means.
"Material mechanical defect" means any defect or malfunction which renders the motor vehicle mechanically unsound or inoperable. [L 1994, c 224, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481J. Used Motor Vehicle Sales and Warranties › 481J-5 Notices.

§481J-5 Notices.
(a) The written warranty provided for in section 481J-2 and the written notices provided for in sections 481J-3 and 481J-4 shall be delivered to the consumer at or before the time the consumer signs the sales contract for the used motor vehicle. The warranty and the notice may be set forth on one sheet or on separate sheets. They may be separate from, attached to, or a part of the sales contract. If they are part of the sales contract, they shall be separated from the other contract provisions and each headed by a conspicuous title.
(b) The director of commerce and consumer affairs may adopt rules pursuant to chapter 91 necessary to implement the notice provisions of this chapter. The rules may include the establishment of wording, format, placement, and distribution requirement for all notices specified in this chapter.
(c) The failure of a dealer to provide the warranty or notices required by this chapter or the provision of false or misleading notices or warranties shall constitute prima facie evidence of an unfair or deceptive act under chapter 480. [L 1994, c 224, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481J. Used Motor Vehicle Sales and Warranties › 481J-7 Civil and administrative actions for violations.

§481J-7
Civil and administrative actions for violations.
(a)
A consumer of a used motor vehicle shall have a private right of action against a dealer to enforce this chapter and recover costs, including reasonable attorney's fees, incurred in the civil action.
(b) It shall be an affirmative defense to any claim under this section that:
(1) The alleged malfunction or defect does not substantially impair the use or safety of the used motor vehicle;
(2) The alleged malfunction or defect is the result of abuse, neglect, or unreasonable modifications or alterations of the used motor vehicle; or
(3) The alleged malfunction or defect was covered or warranted under an express warranty issued by the manufacturer of the used motor vehicle, and that such warranty issued by the manufacturer of the used motor vehicle was in effect during the warranty period established by this chapter.
(c) Any private civil action brought pursuant to this section shall be commenced within one year of the date of original delivery of the used motor vehicle to the consumer.
(d) Nothing in this chapter shall in any way limit the rights or remedies which are otherwise available to a consumer under any other law.
(e) A dealer's failure to comply with any of the provisions of this chapter may result in disciplinary action pursuant to chapter 437, which may result in sanctions, including but not limited to suspension or revocation of license, and the imposition of fines or restitution. [L 1994, c 224, pt of §1; am L 2008, c 19, §26]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481K. Assistive Technology Warranty Act › 481K-4 Nonconformity disclosure requirement.

§481K-4 Nonconformity disclosure requirement.
No assistive device returned by a consumer or assistive device lessor in this State or another state shall be sold or leased in this State unless the nature of the defect experienced by the original buyer or lessee is clearly and conspicuously disclosed on a separate document that must be signed by the manufacturer and the purchaser or lessor and must be in ten-point, capitalized type, in substantially the following form:
"IMPORTANT: THIS DEVICE WAS RETURNED TO THE MANUFACTURER BECAUSE A DEFECT(S) COVERED BY A MANUFACTURER'S WARRANTY WAS NOT REPAIRED AFTER A REASONABLE OPPORTUNITY FOR REPAIR AS PROVIDED BY HAWAII LAW."
[L 1997, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481K. Assistive Technology Warranty Act › 481K-5 Other remedies.

§481K-5 Other remedies.
(a) Nothing in this chapter shall in any way limit the rights or remedies available to consumers, or to the State under any other law.
(b) Any agreement entered into by a consumer for the purchase or lease of an assistive device that waives, limits, or disclaims any of the rights set forth in this chapter shall be void as contrary to public policy.
(c) In addition to pursuing other remedies, a consumer may bring an action to recover damages caused by a violation of this chapter. The court shall award a consumer who prevails in the action twice the amount of any pecuniary loss, together with costs, disbursements, and reasonable attorney fees, and any equitable relief that the court may determine is appropriate. A failure by a manufacturer to provide the warranty required by section 481K-2 or the notice provided by section 481K-4 shall constitute prima facie evidence of an unfair or deceptive act or practice under chapter 480. Any action brought under this chapter by a consumer must be initiated within one year following the expiration of the warranty period. [L 1997, c 282, pt of §1]
Case Notes
Where plaintiff ultimately prevailed on the principal issues on appeal concerning the definition of "nonconformity" in §481K-1 and whether defendant was given a reasonable opportunity to repair the nonconformity, plaintiff was the "prevailing party" for purposes of awarding appellate costs and attorney fees; as subsection (c) allows a court to award "reasonable attorney fees" stemming from proceedings at both the trial and appellate levels, and plaintiff provided a list of requested fees in accordance with HRAP rule 39(d)(1) which were not objected to by defendant, plaintiff's request for attorney's fees was granted. 120 H. 257, 204 P.3d 476 (2009).
Notwithstanding seller's failure to provide buyer with the required written warranty of fitness for ordinary purposes under §481K-2(a), where buyer failed to establish that buyer suffered any damages caused by that violation, the violation did not support the trial court's award of damages in the case. 118 H. 285 (App.), 188 P.3d 799 (2008).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481K. Assistive Technology Warranty Act › 481K-6 Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties.

§481K-6 Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties.
Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the manufacturer, its agent, representative, assistive device dealer, assistive device lessor, or repair agency dealer from whom it was purchased or exchanged for the purpose of repairing a nonconformity, the manufacturer shall provide directly to the consumer for the duration of the repair period a replacement assistive device or reimbursement for the cost incurred by the consumer to rent a replacement assistive device, if at least one of the following conditions exists:
(1) The repair period exceeds or is expected to exceed ten working days, including the day on which the device is tendered for repair; or
(2) The repair is of the same nonconformity for which the assistive device has been tendered for repair on at least two previous occasions. [L 1997, c 282, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481L. Motor Vehicle Lease Disclosure Act › 481L-2 Disclosures.

§481L-2 Disclosures.
A retail lessor shall:
(1) Disclose in the lease agreement provided to the lessee, in a clear and conspicuous manner, any and all material terms, conditions, and limitations that apply to the lease agreement, including but not limited to the consumer lease disclosures required by the federal Truth in Lending Act and rules adopted under that Act;
(2) Disclose to the retail lessee in the lease agreement in a separate blocked section, in capital letters of at least ten-point bold type, as follows:
THIS IS A LEASE AGREEMENT. THIS IS NOT A PURCHASE AGREEMENT. PLEASE REVIEW THESE MATTERS CAREFULLY AND SEEK INDEPENDENT PROFESSIONAL ADVICE IF YOU HAVE ANY QUESTIONS CONCERNING THIS TRANSACTION. YOU ARE ENTITLED TO AN EXACT COPY OF THE AGREEMENT YOU SIGN. GET ALL PROMISES IN WRITING. ORAL PROMISES ARE DIFFICULT TO ENFORCE. IF YOU REQUEST IT, YOU CAN RECEIVE A COPY OF YOUR LESSOR'S LEASE CALCULATION WORKSHEET BEFORE YOU SIGN OR WITHIN SIX MONTHS AFTER SIGNING. YOU CAN ALSO RECEIVE UPON REQUEST A COPY OF ANY OF THE DOCUMENTS YOU REVIEWED DURING THE LEASE TRANSACTION.;
(3) Disclose to the retail lessee in the lease agreement in capital letters of at least ten-point bold type, with the appropriate amounts specified, the following:
(A) THE GROSS CAPITALIZED COST $____________________
(B) THE CAPITALIZED COST REDUCTION $________________
(C) THE ADJUSTED CAPITALIZED COST $_________________;
(4) Provide the retail lessee with a copy of each document that is signed by the retail lessee during the course of the lease transaction and any document that is referenced or incorporated into the lease agreement. Also, provide the retail lessee with a copy of each document requested by the retail lessee that is presented during the course of the lease transaction;
(5) Prepare all disclosures made pursuant to this section and section 481L-3 and all documents executed in a lease transaction in the language principally used in negotiating the lease transaction; and
(6) Upon request by the retail lessee at any time during the lease transaction and at any time during the first six months of the term of the lease agreement, provide to the retail lessee at no cost to the retail lessee a copy of the retail lessor's worksheets used to calculate the periodic lease payment. Worksheets that are stored on computer media shall be reduced to printed form for the lessee. The worksheets shall be maintained by the retail lessor or its agents during the first six months of the term of the lease agreement. The retail lessor shall not be required to provide those portions of any worksheets that contain dealer markup information or lease assignment settlement amounts. [L 1997, c 82, pt of §1; am L 1998, c 201, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481L. Motor Vehicle Lease Disclosure Act › 481L-3 Trade-in vehicle.

§481L-3 Trade-in vehicle.
A trade-in vehicle used to reduce the gross capitalized cost shall be identified as a trade-in vehicle in the lease agreement and identified by year, make, and model. The lease agreement shall also state, in an amount distinct from the capitalized cost reduction, the total credit value of the trade-in vehicle, including a good-faith estimate of any liability against the trade-in vehicle to be discharged by the retail lessor. [L 1997, c 82, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481L. Motor Vehicle Lease Disclosure Act › 481L-4 Civil remedies.

§481L-4 Civil remedies.
A retail lessor who fails to comply with the requirements 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 1997, c 82, pt of §1; am L 2008, c 19, §28]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-1 Definitions.

§481M-1 Definitions.
As used in this chapter, unless the context otherwise requires:
"Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement.
"Cash price" means the price at which retail sellers are selling and retail buyers are buying the same or similar property for cash in the same trade area in which the lessor's place of business is located. Cash price may be evidenced by an amount no greater than twice the documented actual cost, including freight charges and applicable taxes, of the lease-purchase property from an unaffiliated wholesaler, distributor, or manufacturer. A lessor shall maintain records that establish that the price disclosed as the cash price in a lease-purchase agreement is the cash price as defined.
"Consummation" means the time a lessee becomes contractually obligated on a lease-purchase agreement.
"Lessee" means a natural person who rents personal property under a lease-purchase agreement.
"Lessor" means a person who regularly provides the use of property through lease-purchase agreements and to whom lease payments are initially payable on the face of the lease-purchase agreement. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-2 Lease-purchase agreement defined.

§481M-2 Lease-purchase agreement defined.
A lease-purchase agreement is an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four months or less that:
(1) Is automatically renewable with each payment after the initial period;
(2) Does not obligate or require the lessee to continue leasing or using the property beyond the initial period; and
(3) Permits the lessee to become the owner of the property. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-3 Agreements exempt from other laws.

§481M-3 Agreements exempt from other laws.
(a) Lease-purchase agreements are not subject to:
(1) Chapter 476; and
(2) Article 2A or 9 of chapter 490.
(b) This chapter does not apply to the following:
(1) Lease-purchase agreements primarily for business, commercial, or agricultural purposes, or those made with governmental agencies or instrumentalities or with organizations;
(2) A lease of a safe deposit box;
(3) A lease or bailment of personal property which is incidental to the lease of real property, and which provides that the lessee has no option to purchase the leased property; or
(4) A lease of a motor vehicle. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-4 Provisions prohibited in agreements.

§481M-4 Provisions prohibited in agreements.
A lease-purchase agreement may not contain:
(1) A confession of judgment;
(2) A negotiable instrument;
(3) A security interest or any other claim of a property interest in any goods except those goods delivered by the lessor pursuant to the lease-purchase agreement;
(4) A wage assignment;
(5) A waiver by the lessee of claims or defenses; or
(6) A provision authorizing the lessor or a person acting on the lessor's behalf to enter upon the lessee's premises or to commit any breach of the peace in the repossession of goods.
[L 1997, c 248, pt of §1; am L 2008, c 19, §29]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-5 Limit on total lease payments.

§481M-5 Limit on total lease payments.
(a) No lessor shall offer a lease-purchase agreement in which the total lease payments necessary to acquire ownership exceed twice the cash price of the rented property.
(b) When fifty per cent of all rental payments made by a lessee equals the cash price of the property disclosed to the lessee in the lease-purchase agreement, the lessee shall own the rented property and the lease-purchase agreement shall terminate. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-6 Early termination.

§481M-6 Early termination.
The lessee shall have the right to acquire ownership of the property at any time after the initial payment by tendering to the lessor all past due payments and fees and an amount equal to the cash price stated in the lease-purchase agreement multiplied by a fraction that has as its numerator the number of periodic payments remaining under the agreement and that has as its denominator the total number of periodic payments. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-7 Additional charges.

§481M-7 Additional charges.
(a) A lessor may contract for and receive an initial nonrefundable fee not to exceed $10 per lease-purchase agreement. If the lessor requires a security deposit, the amount of the deposit and the conditions under which it will be returned shall be disclosed pursuant to section 481M-13.
(b) A lessor may contract for and receive an initial delivery charge per lease-purchase agreement that shall not exceed $15 in the case of an agreement covering five or fewer items if the lessor actually delivers the items to the lessee's dwelling and the delivery charge is disclosed pursuant to section 481M-14. The delivery charge shall be assessed in lieu of and not in addition to the initial fee in subsection (a). A lessor may not contract for or receive a delivery charge on property redelivered after repair or maintenance.
(c) A lessor may contract for and receive a charge for picking up late payments from the lessee if the lessor is required to do so pursuant to the lease-purchase agreement or is requested to visit the lessee to pick up a payment. In a lease-purchase agreement with payment or renewal dates that are on a monthly basis, this charge may not be assessed more than three times in any six-month period. In lease-purchase agreements with payments or renewal options on a weekly or biweekly basis, this charge may not be assessed more than six times in any six-month period. No charge assessed pursuant to this subsection may exceed $10. A pickup fee may be assessed pursuant to this subsection only in lieu of and not in addition to any late charge assessed pursuant to subsection (d).
(d) The parties may contract for late charges as follows:
(1) For lease-purchase agreements with monthly renewal dates, a late charge not exceeding $5 may be assessed on any payment not made within five days after payment is due, or return of the property is required; or
(2) For lease-purchase agreements with weekly or biweekly renewal dates, a late charge not exceeding $3 may be assessed on any payment not made within three days after payment is due, or return of the property is required.
A late charge on lease-purchase agreements may be collected only once on any accrued payment, no matter how long it remains unpaid. A late charge may be collected at the time it accrues or at any time thereafter. A lessor may elect to waive imposition of a late charge due on an accrued payment in accordance with the terms of the lease-purchase agreement; provided that the waiver shall be in writing and, once a late charge is waived for a specific payment, the lessor may not seek to impose a late charge for the accrued payment in question. No late charge shall be assessed against a payment that is timely, even though an earlier late charge has not been paid in full. [L 1997, c 248, pt of §1; am L 2008, c 19, §30]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-8 Assignee liability and notice of assignment.

§481M-8 Assignee liability and notice of assignment.
(a) With respect to a lease-purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services, notwithstanding that the assignee is the holder in due course of a negotiable instrument issued in violation of the provisions prohibiting certain negotiable instruments.
(b) A claim or defense of a lessee specified in subsection (a) may be asserted against the assignee under this section only to the extent of the amount owing and paid to the assignee and assignor.
(c) An agreement may not limit or waive the claims or defenses of a lessee under this section.
(d) The lessee is authorized to pay the original lessor until the lessee receives written notification that the rights to payment pursuant to a lease-purchase agreement have been assigned to an assignee and that payment is to be made to the assignee. A notification that does not reasonably identify the rights assigned shall be ineffective. If requested by the lessee, the assignee shall furnish reasonable proof that the assignment has been made, and unless the assignee does so, the lessee may pay the lessor. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-9 Unfair or deceptive acts or practices.

§481M-9 Unfair or deceptive acts or practices.
Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice within the meaning of section 480-2. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-10 Remedies of lessee.

§481M-10 Remedies of lessee.
(a) In case of a violation by a lessor of any provision of this chapter with respect to any lease-purchase agreement, the lessee may bring a suit in any court of competent jurisdiction to recover actual damages from the lessor, or may set off or counterclaim in any action by the lessor. If the court finds that any violation by the lessor has occurred, the court shall award to the lessee a minimum recovery of $250 or twenty-five per cent of the total cost to acquire ownership under the lease-purchase agreement, whichever is greater.
(b) The remedies specified in subsection (a) shall be in addition to any other remedies provided by law.
(c) In any action brought pursuant to this section, the court shall award the prevailing party the costs of the action and reasonable attorney fees. [L 1997, c 248, pt of §1; am L 2008, c 19, §31]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-11 Unconscionability.

§481M-11 Unconscionability.
(a) With respect to a lease-purchase transaction, if the court as a matter of law finds the transaction, agreement, or any clause of the agreement to have been unconscionable at the time it was made, the court may:
(1) Refuse to enforce the agreement;
(2) Enforce the remainder of the agreement without the unconscionable clause; or
(3) Limit the application of any unconscionable clause to avoid any unconscionable result.
(b) If it is claimed or appears to the court that the transaction, agreement, or clause may be unconscionable, the parties shall be afforded a reasonable opportunity to present evidence as to its setting, purpose, and effect to aid the court in making a determination related to unconscionability.
(c) If, in an action in which unconscionability is claimed, the court finds unconscionability pursuant to this section, the court may award the costs of the action and reasonable attorney fees to the lessee. If the court does not find unconscionability and does find that the lessee claiming unconscionability brought or maintained an action that the lessee knew to be groundless, the court may award the costs of the action and reasonable attorney fees to the party against whom the claim was made. In determining attorney fees, the amount of recovery claimed on behalf of the lessee shall not be controlling.
(d) The remedies of this section shall be in addition to remedies otherwise available for the same conduct authorized under law other than in this chapter, but double recovery of actual damages shall be prohibited.
(e) For the purpose of this section, a charge or practice expressly permitted by this chapter shall not be unconscionable. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-12 Waivers.

§481M-12 Waivers.
A lessor shall not require a lessee to waive:
(1) Service of process;
(2) Any defense;
(3) Any counterclaim; or
(4) Right of action against the lessor or a person acting on the lessor's behalf as the lessor's agent;
in collection of payments under the lease-purchase agreement or in repossession of the leased property.
[L 1997, c 248, pt of §1; am L 2008, c 19, §32]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-13 Disclosure of information.

§481M-13 Disclosure of information.
(a) The lessor shall disclose to the lessee the information required by this chapter. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by these disclosures. The disclosures shall be made before consummation of the lease-purchase agreement.
(b) The disclosures shall be made clearly and conspicuously in writing and in not less than ten-point standard type. A copy of the disclosures shall be included with the lease-purchase agreement provided to the lessee. All disclosures required by this chapter shall be printed or typed in a color or shade that clearly contrasts with the background. The disclosures required under section 481M-14 shall be made on the face of the lease-purchase agreement above the line for the lessee's signature. Before any payment is due, the lessor shall furnish the lessee with an exact copy of the lease-purchase agreement, which shall be signed by the lessee and which shall evidence the lessee's agreement.
(c) If a disclosure becomes inaccurate as the result of any act, occurrence, or agreement by the lessee after delivery of the required disclosures, the resulting inaccuracy shall not be a violation of this chapter. [L 1997, c 248, pt of §1; am L 2008, c 19, §33]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-15 Reinstatement of agreement and repossession.

§481M-15 Reinstatement of agreement and repossession.
(a) A lessee who breaches any lease-purchase agreement, including but not limited to the failure to make timely lease payments, shall have the right to reinstate the original lease-purchase agreement without losing any rights or options previously acquired under the lease-purchase agreement if both of the following apply:
(1) Subsequent to having failed to make a timely lease payment, the lessee has promptly surrendered the property to the lessor, in the manner as set forth in the lease-purchase agreement, and if and when requested by lessor; and
(2) Not more than thirty days have passed since the lessee returned the property; provided that if the lessee has made more than sixty per cent of the total number of payments required under the lease-purchase agreement to acquire ownership, the thirty-day period shall be extended to a sixty-day period.
(b) As a condition precedent to reinstatement of the lease-purchase agreement, a lessor may collect a reinstatement fee as set forth in subsection (d).
(c) If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of equivalent quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all the information required by section 481M-14.
(d) A reinstatement fee as provided for in this section shall equal the outstanding balance of any accrued missed payments and late charges plus an additional fee not to exceed $5. [L 1997, c 248, pt of §1; am L 2008, c 19, §35]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-16 Written receipts for cash or money order.

§481M-16 Written receipts for cash or money order.
A lessor shall provide the lessee a written receipt for each payment made by cash or money order. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-17 Renegotiation for new agreement and extensions.

§481M-17 Renegotiation for new agreement and extensions.
(a) A renegotiation shall occur when an existing lease-purchase agreement is satisfied and replaced by a new agreement undertaken by the same lessor and lessee. A renegotiation shall be considered a new agreement requiring new disclosures.
(b) The following events shall not be treated as renegotiations:
(1) The addition or return of property in a multiple-item agreement or in the substitution of the leased property, if in either case the average payment allocable to a payment period is not changed by more than twenty-five per cent;
(2) A deferral or extension of one or more periodic payments, or portions of a periodic payment;
(3) A reduction in charges in the lease or agreement; or
(4) A lease or agreement involved in a court proceeding.
(c) No disclosures are required for any extension of a lease-purchase agreement. [L 1997, c 248, pt of §1; am L 2008, c 19, §36]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481M. Lease-Purchase Agreements for Personal Property › 481M-18 Advertisement of lease-purchase agreement.

§481M-18 Advertisement of lease-purchase agreement.
If an advertisement for a lease-purchase agreement refers to or states the dollar amount of any payment and the right to acquire ownership of any one specific item, the advertisement shall also clearly and conspicuously state the following items, as applicable:
(1) That the transaction advertised is a lease-purchase agreement;
(2) The total of payments necessary to acquire ownership; and
(3) That the lessee acquires no ownership rights if the total amount necessary to acquire ownership is not paid.
Any owner or personnel of any medium in which an advertisement appears or through which it is disseminated is not liable under this section.
This section shall not apply to an advertisement which does not refer to or state the amount of any payment, or which is published in the yellow pages of a telephone directory or in any similar directory of business. [L 1997, c 248, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481P. Telemarketing Fraud Prevention Act › 481P-1 Definitions.

§481P-1 Definitions.
Whenever used in this chapter, unless the context requires otherwise:
"Consumer" or "purchaser" means a person who is, or may be, required to pay for goods or services offered by a seller or telephone solicitor through telemarketing and includes but is not limited to a consumer as defined in section 480-1.
"Express verifiable authorization" means express written authorization by the consumer, including but not limited to the consumer's signature on a negotiable instrument, that specifically authorizes the seller or telephone solicitor to obtain payment from a consumer's checking, savings, or bank card account.
"Goods or services" means any real property or any tangible or intangible personal property or services of any kind provided or offered to a consumer.
"Investment opportunity" means anything tangible or intangible, that is offered for sale, sold, or traded based wholly or in part on representations, either express or implied, about past, present, or future income, profit, or appreciation.
"Material" means any factor likely to affect a person's choice of, or conduct regarding, goods or services.
"Outbound telephone call" means a telephone call initiated by a seller or telephone solicitor to induce the purchase of goods or services.
"Payment" means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible.
"Prize" means anything offered or purportedly offered and given or purportedly given to a consumer by chance.
"Prize promotion" means a sweepstakes or other game of chance or an oral or written representation that a consumer has won, has been selected to receive, or is eligible to receive a prize or purported prize.
"Recovery service" means any business or other practice in which a person represents or implies that, for a fee, any amount a consumer has paid out to a seller or telephone solicitor may be recovered.
"Seller" means any person, who, in connection with a telemarketing transaction, solicits funds or contributions, or arranges for a telephone solicitor to solicit funds or contributions, or provides, offers to provide, or arranges for others to provide goods or services to the consumer in exchange for consideration.
"Telemarketing" means a plan, program, or campaign, including a prize promotion or investment opportunity, that is conducted to induce the purchase of goods or services or to solicit funds or contributions by use of one or more telephones and that involves more than one telephone call.
"Telephone solicitor" means any person who in connection with telemarketing, initiates or receives telephone calls to or from a consumer, where either or both parties to the telephone call are located in this State. [L 1999, c 170, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481P. Telemarketing Fraud Prevention Act › 481P-3 Abusive telemarketing acts or practices.

§481P-3 Abusive telemarketing acts or practices.
It is an abusive telemarketing act or practice and a violation of this chapter for any seller or telephone solicitor to engage in the following conduct:
(1) Threaten, intimidate, or use profane or obscene language;
(2) Request a fee to remove derogatory information from or to improve a consumer's credit history or credit record until:
(A) The time frame in which the seller or telephone solicitor has represented that all of the goods or services will be provided to that consumer has expired; and
(B) The seller or telephone solicitor has provided the consumer with documentation in the form of a credit report from a credit reporting agency demonstrating that the promised results have been achieved, the report having been issued more than six months after the results were achieved. Nothing in this chapter shall be construed to affect the requirement of section 604 of the Fair Credit Reporting Act, 15 U.S.C. section 1681b, that a consumer report may only be obtained for a specified permissible purpose;
(3) Request or receive payment from a consumer to recover or otherwise aid in the return of money or any other item lost by the consumer in a telemarketing transaction, until seven business days after the money or other item is delivered to the consumer;
(4) Request or actually receive payment of any fee in advance of obtaining a loan or other extension of credit when a high likelihood of success has been represented to the consumer by the seller or telephone solicitor;
(5) Cause the telephone to ring more than ten times in an outbound telephone call;
(6) Engage any consumer repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive, or harassing;
(7) Initiate an outbound telephone call to a consumer, when the person has stated previously that the consumer does not wish to receive telephone calls from that seller or telephone solicitor; provided that the seller or telephone solicitor will not be liable for violating this paragraph if:
(A) It has established and implemented written procedures to comply with this paragraph, which procedures shall meet the minimum standards set forth in 47 C.F.R. section 64.1200(e)(2);
(B) It has trained its personnel in the procedures established pursuant to subparagraph (A);
(C) The seller, or telephone solicitor acting on behalf of the seller, has maintained and recorded lists of persons who may not be contacted in compliance with this paragraph; and
(D) The call is the result of error; or
(8) Initiate an outbound telephone call to a consumer's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the location of the consumer called. [L 1999, c 170, pt of §1; am L 2008, c 19, §38]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481P. Telemarketing Fraud Prevention Act › 481P-5 Exemptions.

§481P-5 Exemptions.
This chapter shall not apply to:
(1) A person who initiates telephone calls to a residence for the sole purpose of polling or soliciting the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause or purpose;
(2) A securities broker-dealer, salesperson, investment adviser, or investment adviser representative who is registered with this State to sell securities or who is authorized to sell securities in this State pursuant to federal securities laws, when soliciting over the telephone within the scope of the person's registration;
(3) A financial institution that is authorized to accept deposits under its chartering or licensing authority where such deposits are insured by the Federal Deposit Insurance Corporation or the National Credit Union Administration, including but not limited to a bank, savings bank, savings and loan association, depository financial services loan company, or credit union, or a nondepository financial services loan company that is licensed or authorized to conduct business in this State by the commissioner of financial institutions, or an affiliate or subsidiary of a financial institution as defined in chapter 412;
(4) A person or organization that is licensed or authorized to conduct business in this State by the insurance commissioner including but not limited to an insurance company and its employees, while engaged in the business of selling or advertising the sale of insurance products or services;
(5) A college or university accredited by an accrediting organization recognized by the United States Department of Education;
(6) A person who publishes a catalog of at least fifteen pages, four times a year, with a circulation of at least one hundred thousand, where the catalog includes clear disclosure of sale prices, shipping, handling, and other charges;
(7) A political subdivision or instrumentality of the United States, or any state of the United States;
(8) The sale of goods or services by telecommunications or landline (i.e., cable) or wireless video service providers, for which the terms and conditions of the offering, production, or sale are regulated by the public utilities commission or the Federal Communications Commission, or pursuant to chapter 440G, including the sale of goods or services by affiliates of these telecommunications or video service providers. Nothing herein shall be construed to preclude or preempt actions brought under any other laws including chapter 480;
(9) A real estate broker or salesperson who is licensed by this State to sell real estate, when soliciting within the scope of the license; or
(10) A travel agency that is registered with this State, when engaging in the business of selling or advertising the sale of travel services. [L 1999, c 170, pt of §1; am L 2008, c 19, §39]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481P. Telemarketing Fraud Prevention Act › 481P-6 Unfair or deceptive act or practice.

§481P-6 Unfair or deceptive act or practice.
Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2. [L 1999, c 170, pt of §1; am L 2008, c 19, §40]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481P. Telemarketing Fraud Prevention Act › 481P-7 Other relief available.

§481P-7 Other relief available.
The relief provided in this chapter is in addition to remedies otherwise available for the same conduct under the common law or other state or federal statutes or rules. [L 1999, c 170, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481P. Telemarketing Fraud Prevention Act › 481P-8 Contracts voidable.

§481P-8 Contracts voidable.
A contract or agreement made as a result of telemarketing activity that violates this chapter is voidable by the consumer for any reason at any time and shall not be enforced against the consumer and any debt arising therefrom shall not be reported to a credit reporting agency. [L 1999, c 170, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-1 Definitions.

§481R-1 Definitions.
As used in this chapter:
"Commissioner"
means the insurance commissioner.
"Consumer" means a person in this State who purchases or otherwise possesses a vehicle protection product.
"Department" means the department of commerce and consumer affairs.
"Reimbursement insurance policy" means a policy of insurance issued to a warrantor to:
(1) Provide reimbursement to the warrantor under the terms of the insured vehicle protection product issued or sold by the warrantor; and
(2) Pay on behalf of the warrantor, in the event of the warrantor's nonperformance, all covered obligations incurred by the warrantor under the terms of the insured vehicle protection product issued or sold by the warrantor.
"Seller" means a person engaged in the business of offering a vehicle protection product for sale to a consumer.
"Vehicle identification number" means a serial number or identification mark of any vehicle established by the manufacturer for the purpose of identifying the vehicle.
"Vehicle protection product" means a product or system, which includes a written warranty, that is:
(1) Installed or applied to a vehicle; and
(2) Designed to prevent loss or damage to a vehicle from a specific cause.
"Warrantor" means a person named under the terms of a vehicle protection product warranty as the contractual obligor to the consumer. [L 2002, c 237, pt of §1]