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2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-2 Applicability of chapter.

§481R-2 Applicability of chapter.
(a) This chapter shall apply only to vehicle protection products delivered to consumers in the State of Hawaii, the warranties of which require the warrantor, to the extent agreed on as part of the warranty, to pay expenses to the consumer for the loss of or damage to the vehicle.
(b) A vehicle protection product which includes the application of a serial number or identification mark to a component or part of the vehicle shall include the vehicle identification number of the vehicle to which the product is applied. This chapter shall not apply to such a product if the product does not include the respective vehicle identification number.
(c) Loss of or damage to the vehicle under subsection (a) may also include unreimbursed incidental expenses that may be incurred by the consumer, including expenses for a replacement vehicle, temporary vehicle rental expenses, and registration expenses for replacement vehicles. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-3 Powers and duties of the commissioner.

§481R-3 Powers and duties of the commissioner.
(a) The commissioner may adopt rules under chapter 91 as necessary to implement this chapter.
(b) The commissioner may conduct investigations of warrantors or other persons as reasonably necessary to enforce this chapter and to protect consumers in this State. On request of the commissioner, a warrantor shall make the warrantor's records maintained under section 481R-8 regarding vehicle protection products sold by the warrantor available to the department as necessary to enable the department to reasonably determine compliance with this chapter. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-4 Registration requirements; exemptions.

§481R-4 Registration requirements; exemptions.
(a) Before conducting business in this State or issuing any warranty, a warrantor shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101. A person who sells or solicits a vehicle protection product, but who is not a warrantor, shall not be required to register with the commissioner as a warrantor.
(b) Warrantor registration records shall be updated annually and shall contain the following information:
(1) The address of the principal office of the warrantor;
(2) The name and address of the warrantor's agent for the service of process in this State, if other than the warrantor;
(3) The identities of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business;
(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this State; and
(5) A statement that the warrantor is in compliance with the financial security requirements of section 481R-5 and that details how the warrantor intends to meet the requirements, and proof of compliance with the requirements.
(c) The marketing, selling, offering for sale, issuing, making, proposing to make, and administering of vehicle protection products shall be exempt from:
(1) Chapter 481X; and
(2) The insurance laws of this State.
(d) The following contracts and agreements shall be exempt from this chapter and shall only be subject to other statutes and laws that specifically apply to them:
(1) Warranties or guarantees, other than those provided as part of a vehicle protection product; and
(2) Service contracts regulated by chapter 481X.
(e) A seller shall not be deemed to be a warrantor unless, in addition to acting as a seller, the person is named under the terms of a vehicle protection product warranty as the contractual obligor to the consumer. [L 2002, c 237, pt of §1; am L 2008, c 19, §41; am L 2019, c 16, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-5 Financial security requirements.

§481R-5 Financial security requirements.
(a) To ensure the adequate performance of a warrantor's obligations to a consumer, each warrantor shall comply with financial security requirements by insuring each vehicle protection product warranty issued by the warrantor under a reimbursement insurance policy issued by an insurer authorized to engage in the business of insurance in this State or under a surplus lines insurance policy issued by an insurer eligible to place coverage in this State as regulated under the insurance laws of this State.
(b) The department may not require any other financial security requirements or financial standards for warrantors. Warrantors shall not be subject to any other financial security requirements under state law. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-6 Reimbursement insurance policy.

§481R-6 Reimbursement insurance policy.
(a) In order for a warrantor to comply with section 481R-5(a), the warrantor's insurance policy shall state that:
(1) The insurer that issued the policy shall reimburse or pay on behalf of the warrantor any covered amounts the warrantor is legally obligated to pay or shall provide the service that the warrantor is legally obligated to perform according to the warrantor's obligations under the insured vehicle protection product issued or sold by the warrantor; and
(2) If the covered amounts are not paid or the covered service is not provided by the warrantor to a consumer before the sixty-first day after the date the consumer provides proof of loss, payment shall be made or the service shall be provided directly from the reimbursement insurer to the consumer.
(b) An insurer who issues a reimbursement insurance policy under this chapter may not cancel the policy until the insurer delivers to the warrantor a written notice of cancellation that complies with the requirements adopted for those notices under the insurance laws of this State.
The warrantor shall forward a copy of the cancellation notice to the commissioner not later than the fifteenth business day after the date the notice is delivered to the warrantor.
(c) The cancellation of a reimbursement insurance policy shall not reduce the insurer's responsibility for vehicle protection products issued by the warrantor and insured under the policy before the date of the cancellation.
(d) For purposes of this section, a warrantor shall be considered to be the representative of the insurer who issues the reimbursement insurance policy for purposes of obligating the insurer to consumers in accordance with the vehicle protection product and this chapter. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-7 General warrantor operation requirements.

§481R-7 General warrantor operation requirements.
(a) A warrantor may appoint a designee to be responsible for any or all of the administration of vehicle protection products and for compliance with this chapter. The designee shall be liable to the extent the warrantor would be liable for violations of this chapter committed by the designee.
(b) A vehicle protection product may not be issued, sold, or offered for sale in this State unless at the time of purchase the warrantor provides to the consumer:
(1) A copy of the vehicle protection product warranty; or
(2) A receipt for, or other written evidence of, the purchase of the vehicle protection product.
(c) A warrantor who complies with subsection (b)(2), within thirty days after the date of purchase, shall provide to the consumer a copy of the vehicle protection product warranty.
(d) A warrantor shall indemnify a seller who pays or is obligated to pay a consumer any money the warrantor is obligated to pay under the terms of the vehicle protection product warranty, including damages, reasonable attorney's fees, and costs. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-8 Warrantor records.

§481R-8 Warrantor records.
(a) Each warrantor shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The warrantor's records shall include:
(1) A copy of the warranty for each unique form of vehicle protection product sold;
(2) The name and address of each consumer;
(3) A list of the locations where the warrantor's vehicle protection products are marketed, sold, or offered for sale; and
(4) Files that contain at least the dates and descriptions of payments to consumers related to the vehicle protection product.
(b) Except as provided by subsection (d), each warrantor shall retain all records required under subsection (a) until at least the first anniversary of the expiration date of the obligations under the vehicle protection product warranty.
(c) The records required to be maintained under this section may be maintained in an electronic medium pursuant to section 489E-12. If a record is maintained in a format other than paper, the warrantor shall reformat the record into a legible paper copy at the request of the department.
(d) A warrantor who discontinues business in this State shall maintain the warrantor's records until ten years after the date of the last sale of a covered motor vehicle protection product. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-9 Required disclosures.

§481R-9 Required disclosures.
(a) Each vehicle protection product warranty marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this State shall be written, printed, or typed, in clear, understandable, and easy to read language, and shall disclose the applicable requirements set forth in this section.
(b) The obligations of a vehicle protection product warranty that are insured under a reimbursement insurance policy shall contain a statement substantially similar to the following:
"Obligations of the warrantor under this vehicle protection product are insured under a reimbursement insurance policy."
(c) The vehicle protection product warranty shall state the name and address of the insurer and state that if a covered service is not provided by the warrantor before the sixty-first day after the date the consumer provides proof of loss, the consumer may apply for reimbursement directly to the vehicle protection product warrantor's reimbursement insurance company.
(d) Each vehicle protection product warranty shall state the name, address, and phone number of the warrantor. All warrantors shall report to the department before the thirty-first day after the date of any change in the information required to be provided in this subsection.
(e) Each vehicle protection product warranty shall identify any administrator, if different from the warrantor, the vehicle protection product seller, and the consumer, if the name of the consumer has been provided by the consumer. The identities of those persons shall not be required to be preprinted on the warranty and may be added to the warranty at the time of sale.
(f) Each vehicle protection product warranty shall state the product's purchase price, or the warrantor's suggested purchase price, and the terms under which the product is sold. The purchase price shall not be required to be preprinted on the vehicle protection product warranty and may be negotiated with the consumer at the time of sale.
(g) Each vehicle protection product warranty shall:
(1)
Specify the products and services to be provided and any limitations, exceptions, or exclusions;
(2) Specify any restrictions governing the transferability of the vehicle protection product;
(3) State the duties of the consumer, including any duty to protect against any further damage and any requirement to follow the warranty's instructions;
(4) State the name, mailing address, and telephone number of the department; and
(5) Include a statement that unresolved complaints concerning a registered warrantor or questions concerning the regulation of a warrantor may be addressed to the department.
(h) The requirements of subsection (g)(4) and (5) may be stamped on the vehicle protection product warranty. [L 2002, c 237, pt of §1; am L 2008, c 19, §42]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-10 Cancellation of warranty.

§481R-10 Cancellation of warranty.
(a) Each vehicle protection product warranty shall state the terms, restrictions, or conditions if any, governing cancellation of the warranty by the warrantor before the expiration date of the warranty. Cancellation may only occur under this section for:
(1) Nonpayment by the consumer for the vehicle protection product;
(2) A material misrepresentation by the consumer to the seller or warrantor;
(3) Fraud by the consumer; or
(4) A substantial breach of duties by the consumer relating to the warranty.
(b) A warrantor shall mail written notice of cancellation to the consumer at the last address of the consumer contained in the records of the warrantor at least thirty days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-11 Limitations on use of warrantor's name.

§481R-11 Limitations on use of warrantor's name.
(a) A warrantor shall not use:
(1) In its name, the word "casualty", "surety", "insurance", or "mutual" or any other word descriptive of the casualty, insurance, or surety business; or
(2) A name deceptively similar to the name or description of any insurance company, surety corporation, or other warrantor.
(b) A warrantor may use the word "guaranty" or a similar word in the warrantor's name. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-12 Prohibited acts.

§481R-12 Prohibited acts.
(a) A warrantor or a warrantor's representative, in the warrantor's vehicle protection product warranty or in an advertisement or literature for the warranty, may not:
(1) Make, permit, or cause to be made any false or misleading statement; or
(2) Deliberately omit a material statement that would be considered misleading if omitted.
(b) A warrantor may not require, as a condition of sale or financing, that a retail purchaser of a motor vehicle purchase a vehicle protection product that is not installed on the motor vehicle at the time of sale. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481R. Vehicle Protection Product Warrantors › 481R-13 Enforcement.

§481R-13 Enforcement.
(a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder, which is consistent with the provisions of this chapter. The commissioner may conduct investigations and examinations of warrantors, administrators, insurers, or other persons. If a warrantor has violated this chapter, or rules or orders under this chapter, the commissioner may issue an order:
(1) Requiring a person to cease and desist from violating this chapter or rules or orders under this chapter;
(2) Prohibiting a person from selling or offering for sale vehicle protection product warranties in violation of this chapter;
(3) Imposing a civil penalty on a person, in addition to attorneys' fees and costs incurred in the investigation and prosecution of a violation of this chapter, as follows:
(A) For persons acting negligently or recklessly, not more than $5,000 per violation; or
(B) For persons acting intentionally or knowingly, not more than $10,000 per violation.
The terms "negligently", "recklessly", "knowingly", and "intentionally" shall have the meanings provided in section 702-206; or
(4) Any combination of the foregoing, as deemed appropriate by the commissioner.
(b) A person aggrieved by an order under this section may request a hearing before the commissioner, conducted subject to chapter 91. The hearing request shall be filed with the commissioner within twenty days of the effective date of the commissioner's order. Upon filing of a hearing request, the order shall be suspended from its effective date, until completion of the hearing and final decision of the commissioner. At the hearing, the commissioner shall have the burden of proof to show that the order is justified.
(c) The commissioner may bring an action in any court of competent jurisdiction for an injunction or other appropriate relief to remedy threatened or existing violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter, rules established pursuant to this chapter, or orders of the commissioner. [L 2002, c 237, pt of §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-1 Application.

§481X-1 Application.
(a) This chapter shall not apply to:
(1) Express or implied warranties;
(2) Maintenance agreements; and
(3) Warranties, service contracts, and maintenance agreements offered by public utilities on their transmission devices to the extent they are regulated by the public utilities commission or the department of commerce and consumer affairs.
(b) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts by providers and related service contract sellers, administrators, and other persons shall be exempt from regulation under the insurance laws of this State other than laws included in this chapter. [L 2000, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-3 Registration.

§481X-3 Registration.
(a) Before conducting business in this State, a provider shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101.
(b) Provider registration shall be updated annually and shall contain the following information:
(1) The address of the principal office of the provider;
(2) The name and address of the provider's agent for the service of process in this State, if other than the provider;
(3) The identities of the provider's executive officer or officers directly responsible for the provider's service contract business;
(4) The name, address, and telephone number of any administrators designated by the provider to be responsible for the administration of service contracts in this State; and
(5) A statement that the provider is in compliance with the financial responsibility requirements of section 481X-4 and that details how the provider intends to meet the requirements, and proof of compliance with the requirements. [L 2000, c 221, pt of §2; am L 2019, c 16, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-4 Financial responsibility.

§481X-4
Financial responsibility.
A provider shall comply with the requirements under any one of the following paragraphs, and shall not be subject to any other financial security requirements under state law:
(1) The provider shall insure all service contracts under a contractual liability insurance policy issued by an insurer authorized to transact insurance in this State or issued pursuant to part III of article 8 of chapter 431;
(2) The provider shall:
(A) Maintain a funded reserve account for all obligations under service contracts issued and in force in this State. The reserves shall not be less than forty per cent of the gross consideration received from the sale of the service contract, less claims paid, for all in force contracts. The reserve account shall be subject to examination by the commissioner; and
(B) Place in trust with the commissioner, for all service contracts issued and in force in this State, a financial security deposit having a value that is the larger of $25,000 or five per cent of the gross consideration received, less claims paid for the sale of the service contracts. The financial security deposit shall consist of one of the following:
(i) A surety bond issued by an authorized surety;
(ii) Securities of the type eligible for deposit by authorized insurers in this State;
(iii) Cash;
(iv) A letter of credit issued by a qualified financial institution; or
(v) Another form of security authorized by the commissioner by rule; or
(3) The provider or its parent company shall:
(A) Maintain a net worth or stockholders' equity of at least $100,000,000; and
(B) Upon request, provide the commissioner with a copy of the provider's or the provider's parent company's most recent Form 10-K or Form 20-F filed with the Securities and Exchange Commission within the last calendar year, or if the company does not file with the Securities and Exchange Commission, a copy of the provider's or the provider's parent company's audited financial statements.
If the financial responsibility requirement under this paragraph is to be maintained by the provider's parent company, the parent company shall guarantee the provider's obligations under service contracts sold by the provider in this State. [L 2000, c 221, pt of §2; am L 2006, c 154, §45]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-5 Recordkeeping.

§481X-5 Recordkeeping.
(a) The provider or provider's administrator shall keep accurate accounts, books, and records of all transactions regulated under this chapter.
(b) Accounts, books, and records maintained as required by this section shall include the following:
(1) Copies of each type of service contract sold;
(2) The name and address of each contract holder, to the extent that the name and address have been furnished by the contract holder;
(3) A list of the locations where the provider's service contracts are marketed, sold, or offered for sale; and
(4) Recorded claims files which at a minimum shall contain the date and description of each claim under the provider's service contracts.
(c) The provider for each service contract shall retain records required under this section for at least one year after coverage under the contract has expired. A provider discontinuing business in this State shall maintain records required under this section until it provides the commissioner with satisfactory proof that the provider has discharged all contractual obligations to contract holders in this State.
(d) The records required under this section may be, but are not required to be, maintained on a computer disk or other recordkeeping technology. If records are maintained in a form other than hard copy, the records shall be in a form allowing duplication as legible hard copy at the request of the commissioner.
(e) Upon request of the commissioner, the provider shall make available to the commissioner all accounts, books, and records concerning service contracts sold by the provider reasonably necessary to enable the commissioner to determine compliance or noncompliance with this chapter. [L 2000, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-6 Service contracts; receipt; disclosures.

§481X-6 Service contracts; receipt; disclosures.
(a) Providers shall provide purchasers of a service contract with:
(1) A receipt for or other written evidence of the purchase of the service contract that shall be provided to the service contract holder;
(2) A copy of the service contract that shall be provided within a reasonable period of time from the date of purchase; and
(3) Except for offers or sales of service contracts by telephone, mail, or electronic means, a written copy of the basic terms and conditions of the service contract to be made available to the purchaser where the purchaser is physically present at the point of sale.
(b) Service contracts shall be written in clear, understandable language, and shall be printed or typed in a typeface and format that is easy to read.
(c) All service contracts shall:
(1) State the name and address of:
(A) The provider; and
(B) The administrator of the contract, if different from the provider;
(2) Identify:
(A) The service contract seller; and
(B) The contract holder, to the extent that the contract holder has furnished the contract seller, administrator, or provider with that information;
(3) The terms of the sale, including the purchase price;
(4) The procedure the contract holder must follow to obtain service;
(5) Any deductible amount that applies;
(6) The specific merchandise and services to be provided, and any limitations, exceptions, or exclusions;
(7) Where the contract covers a motor vehicle, whether the use of nonoriginal manufacturer's parts is allowed;
(8) Any restrictions governing the transferability of the service contract that apply;
(9) The terms, restrictions, or conditions governing the return or cancellation of the service contract by either the provider or contract holder prior to the contract's termination or expiration date;
(10) The obligations and duties of the contract holder, such as the duty to protect against any further damage, or to follow owner's manual instructions; and
(11) Any provision for, or exclusion of consequential damages or preexisting conditions that applies.
The information under paragraphs (1) and (2) shall not be required to be preprinted on the service contract and may be added to the service contract at the time of sale. The purchase price under paragraph (3) shall not be required to be preprinted on the service contract and may be negotiated with the contract holder at the time of sale.
(d) Service contracts insured under a contractual liability insurance policy shall include the name and address of the insurer and contain a statement substantially similar to the following:
"Obligations of the provider under this service contract are insured under a service contract contractual liability insurance policy."
(e) Service contracts not insured under a contractual liability insurance policy shall contain a statement substantially similar to the following:
"Obligations of the provider under this service contract are backed by the full faith and credit of the provider."
[L 2000, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-7 Service contract returns and refunds.

§481X-7 Service contract returns and refunds.
(a) Service contracts shall state that the contract holder may return the contract within:
(1) Thirty days of the date that the contract was mailed to the contract holder;
(2) Twenty days of the date the contract was delivered to the contract holder, if the contract was delivered at the time of sale; or
(3) A longer time period as specified in the service contract.
(b) Upon return of the service contract to the provider within the applicable time period, and if no claim has been made under the service contract prior to its return to the provider, the service contract shall be void and the provider shall refund to, or credit the account of, the contract holder with the full purchase price of the service contract. A ten per cent penalty per month shall be added to a refund that is not paid or credited within forty-five days after the return of the service contract to the provider.
(c) The right to void a service contract under subsection (b) shall not be transferred and shall apply only to the original service contract purchaser upon the terms and conditions provided in the contract and consistent with this chapter.
(d) Upon cancellation of a service contract by the provider, the provider, at least five days prior to cancellation, shall mail to the contract holder at the contract holder's last known address, a written prior notice of cancellation that states the effective date of the cancellation; provided that prior notice under this subsection shall not be required if cancellation is for:
(1) Nonpayment of the provider's fee for the service provided under the service contract;
(2) A material misrepresentation by the contract holder to the provider; or
(3) A substantial breach of duties of the contract holder under the service contract, relating to a covered product or its use. [L 2000, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-8 Contractual liability insurance policies.

§481X-8 Contractual liability insurance policies.
(a) Contractual liability insurance policies in this State shall provide that if covered service is not provided by the service contract provider or administrator within sixty days of proof of loss by the contract holder, the contract holder is entitled to apply directly to the contractual liability insurance company for services under the service contract that are covered under the policy.
(b) A contractual liability insurance policy insurer shall not terminate the policy until it has issued a notice of termination required by the commissioner under the insurance laws of this State. The termination of a contractual liability insurance policy shall not reduce the insurer's responsibility for service contracts issued by providers prior to the date of termination.
(c) A provider covered by a contractual liability insurance policy shall be considered the agent of the contractual liability insurance policy insurer, for purposes of determining duties owed by the insurer to contract holders in accordance with the service contract and this chapter.
(d) Insurers issuing reimbursement insurance to providers are deemed to have received the premiums for the insurance upon the payment of provider fees by consumers for service contracts issued by the insured provider. [L 2000, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-10 Prohibited acts.

§481X-10 Prohibited acts.
(a) No provider shall use in its name, the word "insurance", "casualty", "surety", "mutual", or any other word descriptive of the insurance, casualty, or surety business, or a name deceptively similar to the name or description of any insurance or surety corporation, or to the name of any other provider; provided that the word "guaranty" or similar word may be used by a provider. This section shall not apply to a provider using any language prohibited by this section in its name prior to July 1, 2000.
(b) A provider or its representative shall not in its service contracts or literature make, permit, or cause to be made, any false or misleading statement, or deliberately omit any material statement that would be considered misleading if omitted.
(c) No person shall condition a loan or the sale of any property on the purchase of a service contract. [L 2000, c 221, pt of §2]
Revision Note
"July 1, 2000" substituted for "the effective date of this Act".
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 481X. Service Contracts › 481X-12 Enforcement.

§481X-12 Enforcement.
(a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder. The commissioner may conduct investigations and examinations of providers, administrators, insurers, or other persons. If a provider has violated this chapter, or rules or orders under this chapter, the commissioner may issue an order:
(1) Requiring a person to cease and desist from violating this chapter or rules or orders under this chapter;
(2) Prohibiting a person from selling or offering for sale service contracts in violation of this chapter; or
(3) Imposing a civil penalty on a person or any combination of the foregoing, as applicable.
(b) A person aggrieved by an order under this section may request a hearing before the commissioner, conducted subject to chapter 91. The hearing request shall be filed with the commissioner within twenty days of the effective date of the commissioner's order. Upon filing of a hearing request, the order shall be suspended from its effective date, until completion of the hearing and final decision of the commissioner. At the hearing, the commissioner shall have the burden of proof to show that the order is justified.
(c) The commissioner may bring an action in any court of competent jurisdiction, for an injunction or other appropriate relief to remedy threatened or existing violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner. An action filed under this section may also seek restitution on behalf of persons aggrieved by a violation of this chapter, rules established pursuant to this chapter, or orders of the commissioner.
(d) Violations of this chapter, rules established pursuant to this chapter, or orders of the commissioner shall be considered unfair or deceptive acts or practices in the conduct of trade or commerce under section 480-2. [L 2000, c 221, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-2 OLD REPEALED. §482-2 Certificate.

Note
Part II reconstituted by L 2008, c 108, §3 and amended by L 2008, c 108, §6.
§482-2 OLD REPEALED.
L 1980, c 26, §3.
§482-2 Certificate.
(a) Any person desiring to register any trade name may obtain a certificate of registration of the trade name in the manner hereinafter provided.
(b) Before any person may receive a certificate of registration of a trade name, the person shall file in the office of the director an application for the registration thereof, with a certified declaration stating that the person is the sole and original proprietor of the trade name or the assign of the proprietor and setting forth the nature of business in which the trade name is used.
(c) Upon filing the application, the applicant shall pay to the director a fee of $50. A special handling fee of $20 for expediting registration of a trade name shall be assessed by the director. All special handling fees shall be credited to the compliance resolution fund established under section 26-9(o). [L 1888, c 4, §1; RL 1925, §3573; am L 1925, c 174, pt of §1; RL 1935, §7450; RL 1945, §9285; RL 1955, §204-1; HRS §482-1; am and ren L 1980, c 26, §2; am L 1983, c 153, §3; am L 1984, c 118, §6; am L 1985, c 189, §8; gen ch 1985; am L 1987, c 22, §3; am L 1996, c 181, §6; am L 1999, c 129, §19; am L 2001, c 15, §4; am L 2002, c 130, § §110, 111; am L 2003, c 124, §83]
Cross References
Modification of fees, see §92-28.
Attorney General Opinions
Regarding requirements for registration of exclusive trade name. Att. Gen. Op. 66-17.
Case Notes
Trade names may be established without registration under statute; common law right. 37 H. 382.
The Hawaii Uniform Trade Secrets Act preempts non-contract civil claims based upon the alleged acquisition, disclosure, or use of confidential information that does not rise to the level of a statutorily-defined trade secret. 123 H. 314, 235 P.3d 310 (2010).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-3 Record, issuance and effect of certificate.

§482-3 Record, issuance and effect of certificate.
(a) Upon receiving the application accompanied by the fee, the director shall cause the trade name to be recorded and shall issue a certificate of registration to the applicant; provided that the director shall not register any trade name that is substantially identical with any registered trade name, the name of any entity registered or authorized to transact business in accordance with the laws of the State, or any mark registered in the State, except as ordered by the director in accordance to section 482-8.5 or unless the registered owner of the registered trade name, entity name, or mark consents in writing. The certificate of registration shall be constructive notice to all persons of the applicant's claim of the use of the trade name throughout the State, for the term of five years from the date thereof; provided that the trade name is continued in actual use by the applicant in this State. The acceptance of an application and issuance of a certificate of registration by the director shall not abrogate or limit any common law or other right of any person claiming to be the legal owner of a trade name.
(b) The registration of a trade name may be renewed at any time during the period of its registration for additional five year periods by filing a renewal application within six months prior to the expiration of the current term and complying with the renewal requirements prescribed by the director. Upon filing the application for renewal, the applicant shall pay the director a fee of $50.
(c) The director may make, amend, and repeal such rules as may be necessary to carry out the purposes of this section. [L 1888, c 4, §4; RL 1925, §3576; am L 1925, c 174, pt of §1; am L Sp 1933, c 29, §1; RL 1935, §7452; RL 1945, §9287; RL 1955, §204-3; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; am L 1965, c 109, §1; HRS §482-3; am L 1980, c 26, §4; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 1984, c 118, §7; am L 1987, c 22, §4; am L 1988, c 141, §54; am L 1992, c 6, §8; am L 1996, c 181, §7; am L 2001, c 15, §5; am L 2002, c 40, § §76, 78; am L 2003, c 124, §84 and c 210, §12; am L 2004, c 121, §50; am L 2008, c 108, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-4 Certain trade names not to be adopted or used.

§482-4 Certain trade names not to be adopted or used.
(a) It shall be unlawful for any person to adopt or use a trade name or entity name that infringes on any person's ownership rights to any registered trade name, mark, or the name of any entity registered or authorized to transact business in accordance with the laws of this State, or a name the exclusive right to which is, at the time, reserved in this State. In addition to the revocation of a trade name registration or administrative order of abatement provisions in sections 482-8 and 482-8.5, respectively, any person whose ownership rights to a trade name, mark, or entity name are infringed upon by the adoption or use of a confusingly similar trade name or entity name may seek injunctive relief in a court of competent jurisdiction or the imposition of a fine that shall not exceed $2,000, or both.
(b) When a bona fide labor union, or association of employees has adopted a device in the form of a label, brand, mark, name, or other character for the purpose of designating the products of the members of the union or association and the device has been registered pursuant to sections 482-2 and 482-3, then it shall be unlawful for any person to adopt, print, distribute, or otherwise use the device or one so similar as to be confused therewith. Any person, except the director, found to be in violation of this subsection may, in addition to any other penalty assessed or otherwise imposed by law, be required to pay all costs and attorney's fees incurred in seeking enforcement of this subsection, and may be ordered by the court to pay damages to the bona fide labor union or association of employees involved in such amount as may be determined by the court; provided that the damages ordered shall not be less than $250 nor more than $5,000. [L 1925, c 174, pt of §1; am L 1931, c 18, §1; RL 1935, §7453; RL 1945, §9288; am L 1951, c 135, §1; RL 1955, §204-4; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-4; am L 1971, c 164, §1; am L 1979, c 102, §1; am L 1980, c 26, §5; am L 1982, c 204, §8; am L 1983, c 124, §17 and c 167, §16; am L 1984, c 118, §8; am L 1985, c 270, §4; am L 1996, c 92, §17; am L 1999, c 249, §34; am L 2000, c 219, §83; am L 2001, c 15, §6; am L 2003, c 124, §85; am L 2008, c 108, §9]
Case Notes
No likelihood of confusion found. 5 H. App. 194, 683 P.2d 1220.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-6 Revocation of certificate; nonuse.

§482-6 Revocation of certificate; nonuse.
(a) If any trade name is not used by the registrant in accordance with the declaration in this State for a period of three hundred sixty-five consecutive days, the certificate of registration shall be subject to revocation.
(b) Any person desiring such revocation shall file a verified petition in the office of the director, setting forth facts indicating such nonuse for a period of three hundred sixty-five consecutive days immediately preceding the date of the filing of the petition. The petitioner, at the petitioner's expense, shall notify the registrant of the hearing in the manner prescribed by the director and section 91-9.5, and the registrant shall be given the opportunity of a full hearing in accordance with chapter 91.
(c) After granting an opportunity for hearing to the petitioner and the registrant, the director shall grant or deny the petition for revocation, as the facts shall warrant. [L Sp 1933, c 29, pt of §2; RL 1935, §7455; RL 1945, §9290; am L 1947, c 163, pt of §1; RL 1955, §204-6; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-6; am L 1980, c 26, §7; am L 1982, c 204, §8; am L 1983, c 124, §17; gen ch 1985; am L 2001, c 15, §8; am L 2003, c 124, §87]
Case Notes
Nonuse of trade name. 399 F. Supp. 604.
Trademark lost by abandonment. 10 H. 162.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-7 Application of law; reissue on nonuser.

§482-7 Application of law; reissue on nonuser.
(a) Sections 482-1 to 482-9 are applicable to all registrations filed in the office of the director; the intent being that all trade names not used by the applicant in this State may be immediately reissued to such applicant who is actually using the same.
(b) The fact that a trade name has not been used in this State for a period of one year shall be prima facie proof of the fact that the same has not been used elsewhere for such period. [L Sp 1933, c 29, pt of §2; RL 1935, §7456; RL 1945, §9291; RL 1955, §204-7; am L Sp 1959 2d, c 1, §15; am L 1963, c 114, §3; HRS §482-7; am L 1980, c 26, §8; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2001, c 15, §9; am L 2003, c 124, §88; am L 2004, c 121, §51]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-9 Appeal.

§482-9 Appeal.
Any person aggrieved by any action of the director under this chapter in issuing or revoking a certificate of registration of a trade name or in denying an application, within thirty days after the action by the director, or if no order has been entered either granting or denying the application within four months after the filing of the application, may commence proceedings to obtain judicial review thereof by the circuit court of the first circuit by filing in the court a notice of appeal. Proceedings for review by the intermediate appellate court, subject to chapter 602, may be had and taken in the same manner as is provided for a review of a judgment of a circuit court. [L 1941, c 75, §1(7456-B); RL 1945, §9293; RL 1955, §204-9; am L 1965, c 96, §132; HRS §482-9; am L 1980, c 26, §10; am L 1982, c 204, §8; am L 1983, c 124, §17; am L 2001, c 15, §11; am L 2003, c 124, §91; am L 2004, c 202, §51; am L 2006, c 94, §1; am L 2010, c 109, §1]
Rules of Court
Appeal to circuit court, see HRCP rule 72; appeals, see Hawaii Rules of Appellate Procedure.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 482. Trademarks, Service Marks, and Trade Names, Registration and Protection of › 482-21 Registrability.

Note
Part III designated by L 2008, c 108, §4.
§482-21 Registrability.
A mark by which the goods or services of any applicant for registration may be distinguished from the goods or services of others shall not be registered if it:
(1) Consists of or comprises immoral, deceptive, or scandalous matter;
(2) Consists of or comprises matter which may disparage or falsely suggest a connection with persons, living or dead, institutions, beliefs, or national symbols, or bring them into contempt, or disrepute;
(3) Consists of or comprises the flag or coat of arms or other insignia of the United States, or of any state or municipality, or of any foreign nation, or any simulation thereof;
(4) Consists of or comprises the name, signature, or portrait identifying a particular living individual, except by the individual's written consent;
(5) Consists of a mark that:
(A) When used on or in connection with the goods or services of the applicant, is merely descriptive or deceptively misdescriptive of them;
(B) When used on or in connection with the goods or services of the applicant is primarily geographically descriptive or deceptively misdescriptive of them; or
(C) Is primarily a surname;
provided that nothing in this paragraph shall prevent the registration of a mark used by the applicant which has become distinctive of the applicant's goods or services. The director may accept as evidence that the mark has become distinctive as used on or in connection with the applicant's goods or services, proof of continuous use thereof as a mark by the applicant in this State for the five years before the date on which the claim of distinctiveness is made;
(6) Consists of a mark which so resembles a mark registered in this State or a mark or trade name previously used by another and not abandoned, as to be likely, when used on or in connection with the goods or services of the applicant, to cause confusion or mistake or to deceive; or
(7) Consists of a mark that is substantially identical with any registered trade name or the name of any entity registered or authorized to transact business in accordance with the laws of this State. [L 2001, c 15, pt of §1; am L 2003, c 124, §92; am L 2008, c 108, §12]