reglab/statecodes huggingface dataset:
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 478. Interest and Usury › 478-5 OLD REPEALED. §478-5 Usury not recoverable.

§478-5 OLD REPEALED.
L 1986, c 137, pt of §1.
§478-5 Usury not recoverable.
If a greater rate of interest than that permitted by law is contracted for with respect to any consumer credit transaction, any home business loan or any credit card agreement, the contract shall not, by reason thereof, be void. But if in any action on the contract proof is made that a greater rate of interest than that permitted by law has been directly or indirectly contracted for, the creditor shall only recover the principal and the debtor shall recover costs. If interest has been paid, judgment shall be for the principal less the amount of interest paid. This section shall not be held to apply to:
(1) Loans made by financial services loan companies and credit unions at the rates authorized under and pursuant to articles 9 and 10 of chapter 412; or
(2) Any installment loan regulated under chapter 480J. [CC 1859, §1483; am L 1898, c 4, §4; RL 1925, §3588; am L 1931, c 137, §1; RL 1935, §7053; am L 1939, c 75, pt of §1(6782 W); RL 1945, §8734; RL 1955, §191-4; am L 1957, c 95, §1; HRS §478-4; am L 1984, c 253, §10; ren and am L 1986, c 137, pt of §1; am L 1989, c 266, §3; am L 1993, c 350, §26; am L 2021, c 56, §4]
Rules of Court
Costs, see HRCP rule 54(d).
Case Notes
Recovery of principal may be had where principal and usurious interest are separable even though they are lumped together in note sued on; payments made on account of such note should be applied on principal. 11 H. 747.
Statute applied and payments made under usurious contract applied on principal. 34 H. 639, modified 34 H. 685.
Usury voluntarily paid not recoverable. 36 H. 107; 37 H. 295.
This section docks interest in action brought by lender, but does not render contract entirely void as to interest. 49 H. 160, 183-86, 413 P.2d 221, reh'g den. 49 H. 255, 413 P.2d 221.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 478. Interest and Usury › 478-6 Usury; penalty.

§478-6 Usury; penalty.
Any person who directly or indirectly receives any interest or finance charge at a rate greater than that permitted by law or who, by any method or device whatsoever, receives or arranges for the receipt of interest or finance charge at a greater rate than that permitted by law on any credit transaction shall be guilty of usury and shall be fined not more than $250, unless a greater amount is allowed by law, or imprisoned not more than one year, or both. [L 1905, c 38, §1; RL 1925, §3589; am L 1933, c 72, §1; RL 1935, §7055; am L 1937, c 222, §1; RL 1945, §8736; RL 1955, §191-6; HRS §478-6; gen ch 1985; am L 1986, c 137, pt of §1; am L 2021, c 56, §5]
Law Journals and Reviews
The Corporate Usury Exemption Statute in Hawaii: An Invitation to Litigation. 9 HBJ 5.
Administering Justice or Just Administration: The Hawaii Supreme Court and the Intermediate Court of Appeals. 14 UH L. Rev. 271.
Case Notes
This section considered with § §1-6 and 478-4 in determining whether usurious contract void as to interest. 49 H. 160, 185, 413 P.2d 221, reh'g den. 49 H. 255, 413 P.2d 221.
Elements of usury. 62 H. 583, 618 P.2d 276.
Attorney has a duty when drawing a promissory note to see that it is not usurious and the attorney can be held liable for damages if the attorney does not. 1 H. App. 331, 618 P.2d 1157.
Cited: 36 H. 107, 109; 37 H. 295, 298.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 478. Interest and Usury › 478-7 Compound, not recoverable.

§478-7 Compound, not recoverable.
No action shall be maintainable in any court of the State to recover compound interest upon any consumer credit transaction or upon any credit card agreement whatever. [CC 1859, §1484; RL 1925, §3590; RL 1935, §7056; RL 1945, §8737; RL 1955, §191-7; HRS §478-7; am L 1986, c 137, pt of §1]
Case Notes
Notes given to cover accumulated compound interest held to be not void. 8 H. 614.
Interest upon interest may be contracted for. 8 H. 742; 30 H. 359, 379. See 31 H. 958; 36 H. 571, 596.
This section states common law rule. 8 H. 742.
Effect of express promise to pay interest at a specified time. 36 H. 571, 598.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 478. Interest and Usury › 478-9 OLD REPEALED. §478-9 Rejection of federal law.

§478-9 OLD REPEALED.
L 1980, c 188, §4.
§478-9 Rejection of federal law.
It is hereby explicitly stated by the terms of this section that the provisions of Title V, Part A-Mortgage Usury Laws, Mortgages, section 501(a)(1) and of Part B-Business and Agricultural Loans, of the Depository Institutions Deregulation and Monetary Control Act of 1980 shall not apply with respect to loans, mortgages, credit sales, and advances made in this State, and that this State does not want the provisions of Title V, Part A-Mortgage Usury Laws, Mortgages, section 501(a)(1) and of Part B-Business and Agricultural Loans, of the Depository Institutions Deregulation and Monetary Control Act of 1980 to apply with respect to loans, mortgages, credit sales, and advances made in this State. [L 1980, c 188, §1; ren and am L 1986, c 137, pt of §1; am L 1988, c 141, §51]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 478. Interest and Usury › 478-11.5 Credit cards.

§478-11.5 Credit cards.
(a) With regard to every credit card issuer wherever located and a customer who is a resident of this State and who is given the opportunity to enter into a credit card plan, every solicitation and application for the credit card plan shall set forth all of the following:
(1) The initial simple interest numerical periodic rate and any fee or charge payable by the cardholder, directly or indirectly, as an incident to or a condition of the extension of credit, or if the rate or fee may vary, a statement that it may do so and the circumstances under which it may increase and the effects of the increase;
(2) The date or occasion upon which the interest begins to accrue;
(3) Whether any annual fee is charged and the amount of the fee;
(4) Any minimum, fixed, transaction, activity, or similar charge that could be imposed; and
(5) That charges incurred by the use of a charge card are due and payable upon receipt of a periodic statement of charges, if applicable. For purposes of this paragraph, the term "charge card" means any card, plate, or other device pursuant to which the charge card issuer extends credit that is not subject to a finance charge and where the charge cardholder cannot automatically access credit that is repayable in installments.
(b) With respect to any credit card agreement, in no case shall it be deemed unlawful to stipulate by written contract for any amount of interest, except that the simple interest numerical periodic rate shall not exceed eighteen per cent per year. Prior to charging any fee or charge, the credit card issuer shall disclose the fee or charge to the credit cardholder in the credit card agreement or in an amendment to the credit card agreement.
As used in this subsection, "interest" means the simple interest numerical periodic rate and any other fee, charge, or payment, directly or indirectly charged or received as an incident to or a condition of an extension of credit under a credit card agreement, including but not limited to:
(1) A currency exchange conversion fee;
(2) A late fee;
(3) A creditor-imposed "not sufficient funds" fee charged when a borrower tenders payment on a debt with a check drawn on insufficient funds;
(4) An over-the-credit limit fee;
(5) An annual fee or other periodic membership fee;
(6) A balance transfer fee;
(7) A cash advance fee; or
(8) A minimum finance charge. [L 1987, c 206, §1; am L 2006, c 307, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-3 Interpretation.

§480-3 Interpretation.
This chapter shall be construed in accordance with judicial interpretations of similar federal antitrust statutes, except that lawsuits by indirect purchasers may be brought as provided in this chapter. [L 1965, c 129, pt of §1; Supp, §205A-1.2; HRS §480-3; am L 1981, c 91, §1; am L 1987, c 274, §3]
Law Journals and Reviews
Hawaii's Section Five of the FTC Act: The Ubiquitous Antitrust Law. 6 HBJ 5.
Misrepresentation and Deception Under Section 480-2 of the Hawaii Revised Statutes. 10 HBJ 69.
Case Notes
Substantive standards intended to be same as §16 of Clayton Act. 518 F.2d 913.
Courts must refer to judicial interpretation of §5(a)(1) of the Federal Trade Commission Act, 15 U.S.C. §45(a)(1) before applying §480-2. 849 F.2d 388.
Relation of federal regulation and possible antitrust exemption to state laws construed. 460 F. Supp. 1359.
Legislative history clearly indicates that state laws are to be interpreted and construed in harmony with analogous federal antitrust laws. 513 F. Supp. 726.
Federal statutes and decisions are to be used as guides. 63 H. 289, 627 P.2d 260.
Cited: 332 F.3d 600; 168 F. Supp. 2d 1180.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-3.1 Civil penalty.

§480-3.1 Civil penalty.
Any person, firm, company, association, or corporation violating any of the provisions of section 480-2 shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State. The penalties provided in this section are cumulative to the remedies or penalties available under all other laws of this State. Each day that a violation of section 480-2 occurs shall be a separate violation. [L 1968, c 10, §2; am L 1975, c 92, §1 and c 156, §1; am L 1986, c 9, §1]
Case Notes
Divestiture is not available remedy in private action. 518 F.2d 913.
Where the State brought an action against several pharmaceutical companies for allegedly deceptive drug marketing, and the pharmaceutical companies sought an injunction against the state court litigation on the basis that it violated their First Amendment rights, the appellate court found that: (1) although the state proceeding was being litigated by private counsel, it was still an action brought by the State; (2) the State's action had been brought under this section, which punishes those who engage in deceptive acts in commerce; and (3) the state court litigation was a quasi-criminal enforcement proceeding and, therefore, the
Younger
abstention barred a federal court from interfering. 979 F.3d 732 (2020).
Where the State brought an action against pharmaceutical companies for allegedly false and deceptive drug marketing and labeling, and the pharmaceutical companies sought to dismiss the state court litigation on the basis that it violated their First Amendment rights, the district court found that abstaining under
Younger
was necessary because: (1) the state court litigation was a quasi-criminal enforcement proceeding; (2) state actions to enforce consumer protection laws against unfair and deceptive business practices were sufficiently important for
Younger
purposes; and (3) despite plaintiffs' argument that their First Amendment claim constitutes an extraordinary circumstance that may cause irreparable harm due to the state action possibly chilling their speech, the state court could resolve these concerns and provide appropriate remedies. 444 F. Supp. 3d 1231 (2020).
Upon determination that person, while acting on behalf of corporation owned and operated by that person, violated §480-2, court must order person and corporation to each bear separate liability for separate civil fines rather than imposing joint and several liability for one civil fine. 9 H. App. 106, 826 P.2d 879.
Discussed: 907 F. Supp. 2d 1188 (2012).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-3.3 Endless chain schemes.

§480-3.3 Endless chain schemes.
A person engages in an unfair method of competition and an unfair or deceptive act or practice within the meaning of section 480-2 when, in the conduct of any trade or commerce, the person contrives, prepares, sets up, proposes, or operates any endless chain scheme. As used in this section, an endless chain scheme means any scheme for the disposal or distribution of property whereby a participant pays a valuable consideration for the chance to receive compensation for introducing one or more additional persons into participation in the scheme, or for the chance to receive compensation when a person introduced by the participant introduces a new participant. Compensation, as used in this section, does not mean or include payments based upon sales made to persons who are not participants in the scheme and who are not purchasing in order to participate in the scheme. [L 1970, c 28, §1; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-5 Requirements and output contracts; tying agreements.

§480-5 Requirements and output contracts; tying agreements.
No person shall sell or buy any commodity, or fix a price or discount from, or rebate upon, such price, on the condition, agreement, or understanding that the other person or persons shall not deal in the commodity of a competitor of the seller, or shall not deal with the competitor of the purchaser, as the case may be, when the effect of the sale or purchase or the condition, agreement, or understanding, may be to substantially lessen competition or tend to create a monopoly in any line of commerce in any section of the State. [L 1961, c 190, §3; Supp, §205A-3; HRS §480-5]
Case Notes
Large landowner not engaged in tying arrangement by requiring that house be built and bought before house lot leased. 594 F. Supp. 1480.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-6 Refusal to deal.

§480-6 Refusal to deal.
No person shall refuse to sell any commodity to, or to buy any commodity from, any other person or persons, when the refusal is for the purpose of compelling or inducing the other person or persons to agree to or engage in acts which, if acceded to, are prohibited by other sections of this chapter. [L 1961, c 190, §4; Supp, §205A-4; HRS §480-6]
Case Notes
Preempted by federal labor regulations. 687 F. Supp. 1453.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-9 Monopolization.

§480-9 Monopolization.
No person shall monopolize, or attempt to monopolize, or combine or conspire with any other person to monopolize any part of the trade or commerce in any commodity in any section of the State. [L 1961, c 190, §7; Supp, §205A-7; HRS §480-9]
Case Notes
Mentioned in discussing availability of estoppel as defense in private antitrust action. 296 F. Supp. 920.
One element of conspiracy to monopolize is specific intent to control prices or destroy competition in any line of trade or commerce. Test for specific intent is the same, whether applied to conspiracy or attempt to monopolize. 491 F. Supp. 1199.
Defendants lacked necessary market share and hence monopoly power in service jobbing of all tobacco products in Hawaii. 513 F. Supp. 726.
Mere formality of separate incorporation is not, without more, sufficient to provide the capability for conspiracy. Parent corporation controlled subsidiary to such a degree that the two entities in substance constitute a single entity incapable of conspiring with itself. 513 F. Supp. 726.
Action by shopping center tenant against shopping center owner. 530 F. Supp. 499.
Large landowner's monopoly power over own lands not illegal where not used to injure competitors. 594 F. Supp. 1480.
Mentioned, where plaintiff alleged that defendants' practice of imposing maximum price restrictions in rebate program for the installation of solar water heaters violated state and federal antitrust law, and summary judgment granted for defendants on plaintiffs' claims based on Sections 1 and 2 of the Sherman Act and state antitrust claims. 409 F. Supp. 2d 1206.
Elements of offense of monopoly. 63 H. 289, 627 P.2d 260.
Federal statutes and decisions are to be used as guides. 63 H. 289, 627 P.2d 260.
Where appellants failed to adduce evidence of a causal connection between appellees' "anticompetitive" conduct and appellees' alleged monopoly power, trial court properly concluded that there was insufficient evidence to sustain appellants' attempt to monopolize claim under this section; thus, as appellants failed to prove a violation of chapter 480, appellants had no standing to bring claim for relief under §480-13(a). 91 H. 224, 982 P.2d 853.
Where economic interest of corporation's officer/majority shareholder's was the same as that of corporation's two wholly-owned subsidiaries, officer/majority shareholder could not conspire with the corporation for purposes of §480-4 or this section. 91 H. 224, 982 P.2d 853.
Where the two companies were wholly-owned subsidiaries of the same parent corporation and shared a singular economic interest, they could not constitute a plurality of actors for purposes of a conspiracy under §480-4 or this section. 91 H. 224, 982 P.2d 853.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-10 Exemption of labor organizations.

§480-10 Exemption of labor organizations.
The labor of a human being is not a commodity or article of commerce. Nothing in this chapter shall be construed to forbid the existence and operation of labor organizations, instituted for the purpose of mutual help, and not having capital stock or conducted for profits, or to forbid or restrain individual members of such organizations from lawfully carrying out the legitimate objects thereof; nor shall such organizations, or the members thereof, lawfully carrying out the legitimate objects thereof be held or construed to be illegal combinations or conspiracies in restraint of trade under this chapter.
This chapter shall not apply to the conduct or activities of labor organizations or their members which conduct or activities are regulated by federal or state legislation or over which the National Labor Relations Board or the Hawaii labor relations board has jurisdiction. [L 1961, c 190, §8; Supp, §205A-8; HRS §480-10; am L 1986, c 339, §77]
Cross References
Hawaii labor relations board, see §26-20.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-11 Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies.

§480-11 Exemption of certain cooperative organizations; insurance transactions; approved mergers of federally regulated companies; homeless facility and program donors and provider agencies.
(a) Nothing in this chapter shall be construed to forbid the existence and operation of fishery, agricultural, or consumer cooperative organizations or associations instituted for the purpose of mutual help that are organized and operated under chapter 421 or 421C, or that conform and continue to conform to the requirements of the Capper-Volstead Act (7 U.S.C. 291 and 292); provided that if any organization or association monopolizes or restrains trade or commerce in any section of this State to an extent that the price of any fishery, agricultural, or consumer product is unduly enhanced by reason thereof, this chapter shall apply to those acts.
(b) This chapter shall not apply to any transaction in the business of insurance that is in violation of any section of this chapter if the transaction is expressly permitted by the insurance laws of this State; provided that nothing in this section shall render this chapter inapplicable to any agreement to boycott, coerce, or intimidate or any act of boycott, coercion, or intimidation.
(c) This chapter shall not apply to mergers of companies where the mergers are approved by the federal regulatory agency that has jurisdiction and control over the mergers.
(d) This chapter shall not apply to:
(1) Any provider agencies or donors under part XVII of chapter 346;
(2) Any provider agency or donor method or act that complies with part XVII of chapter 346; or
(3) Any cooperation or agreement authorized pursuant to rule under part XVII of chapter 346. [L 1961, c 190, §9; Supp, §205A-9; HRS §480-11; am L 1982, c 97, §3; am L 1991, c 212, §7; am L 1997, c 350, §17; am L 1998, c 212, §3; am L 2007, c 249, §23; am L 2010, c 89, §7]
Case Notes
Discussed: 406 F. Supp. 3d 884 (2019); 407 F. Supp. 3d 978 (2019); 407 F. Supp. 3d 1016 (2019); and 407 F. Supp. 3d 1051 (2019).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-15 Injunction by attorney general or the director of the office of consumer protection.

§480-15 Injunction by attorney general or the director of the office of consumer protection.
The attorney general may bring proceedings to enjoin any violation of this chapter; provided that the director of the office of consumer protection may also bring proceedings to enjoin any violation of section 480-2. [L 1961, c 190, §13; Supp, §205A-13; HRS §480-15; am L 1975, c 67, §1]
Case Notes
Discussed: 907 F. Supp. 2d 1188 (2012).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-15.1 Penalty.

§480-15.1 Penalty.
Any person, firm, company, association, or corporation violating an injunctive order to cease and desist from violating any provisions of this chapter shall be fined by a sum not less than $500 nor more than $10,000, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State. Each separate violation of any such order shall be a separate offense, except that in the case of a violation through continuing failure or neglect to obey a final order of the court, each day of continuance of such failure shall constitute a separate offense. [L 1968, c 10, §3; am L 1975, c 93, §1; am L 1976, c 33, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-16 Violation a felony.

§480-16 Violation a felony.
(a) Any person who violates section 480-4, 480-6, 480-9, or 480-17, including any principal, manager, director, officer, agent, servant, or employee, who had engaged in or has participated in the determination to engage in an activity that has been engaged in by any association, firm, partnership, trust or corporation, which activity is a violation of section 480-4, 480-6, 480-9, or 480-17, is punishable if a natural person by a fine not exceeding $100,000 or by imprisonment not exceeding three years, or by both such fine and imprisonment, in the discretion of the court; if the person is not a natural person then by a fine not exceeding $1,000,000.
(b) The actions authorized by this section and section 480-18 shall be brought in the circuit court of the circuit where the offense occurred. [L 1961, c 190, §14; Supp, §205A-14; HRS §480-16; am L 1975, c 94, §1]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-17 Individual liability for corporate or company act.

§480-17 Individual liability for corporate or company act.
(a) Whenever a corporation violates any of the penal provisions of this chapter, the violation shall be deemed to be also that of the individual directors, officers, or agents of the corporation who have authorized, ordered, or done any of the acts constituting in whole or in part the violation.
(b) Whenever a limited liability company violates any of the penal provisions of this chapter, the violation shall be deemed to be also that of the individual members, managers, or agents of the limited liability company who have authorized, ordered, or done any of the acts constituting in whole or in part the violation. [L 1961, c 190, §15; Supp, §205A-15; HRS §480-17; am L 1997, c 224, §1]
Case Notes
Does not limit liability of corporate officers, directors, or agents to criminal liability. 6 H. App. 125, 712 P.2d 1148.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-19 Additional parties defendant.

§480-19 Additional parties defendant.
Whenever it appears to the court before which any civil proceeding under this chapter is pending that the ends of justice require that other parties be brought before the court, the court may cause them to be made parties defendant and summoned, whether or not they reside, engage in business, or have an agent, in the circuit where the action is pending. [L 1961, c 190, §17; Supp, §205A-17; HRS §480-19]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-20 Duty of the attorney general; duty of county attorney, etc.

§480-20 Duty of the attorney general; duty of county attorney, etc.
(a) The attorney general shall enforce the criminal and civil provisions of this chapter. The county attorney, or prosecuting attorney of any county shall investigate and report suspected violations of this chapter to the attorney general.
(b) Whenever this chapter authorizes or requires the attorney general to commence any action or proceeding, including proceedings under section 480-18, the attorney general may require the county attorney, corporation counsel, or prosecuting attorney of any county, holding office in the circuit where the action or proceeding is to be commenced or maintained, to maintain the action or proceeding under the direction of the attorney general.
(c) The director of the office of consumer protection shall have concurrent jurisdiction with the attorney general to enforce the civil provisions of this chapter with regard to violations of section 480-2. [L 1961, c 190, §18; Supp, §205A-18; HRS §480-20; am L 1975, c 57, §2; am L 2008, c 19, §6]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-21 Court and venue.

§480-21 Court and venue.
(a) Any criminal action or proceeding authorized by this chapter shall be brought in any appropriate court in the circuit in which the defendant resides, engages in business, or has an agent.
(b) Any civil action or proceeding authorized by this chapter may be brought in any appropriate court. [L 1961, c 190, §19; Supp, §205A-19; HRS §480-21; am L 1998, c 62, §1; am L 2011, c 66, §2]
Case Notes
Plaintiffs' chapter 480 claims which were derived through chapter 443B could not have been "properly litigated" in district court for the court lacked jurisdiction; thus, such claims were not precluded by doctrine of res judicata. 78 H. 213 (App.), 891 P.2d 300.
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-22 Judgment in favor of the State as evidence in private action; suspension of limitation.

§480-22 Judgment in favor of the State as evidence in private action; suspension of limitation.
(a) A final judgment or decree rendered in any civil or criminal proceeding brought by the State under this chapter shall be prima facie evidence against the defendant in any action or proceeding brought by any other party under this chapter, or by the State, county, or any of its political subdivisions or governmental agencies, under section 480-14, against the defendant as to all matters respecting which the judgment or decree would be an estoppel between the parties thereto. This section shall not apply to consent judgments or decrees entered before any complaint has been filed; provided that when a consent judgment or decree is filed, the attorney general shall set forth at the same time the alleged violations and reasons for entering into the consent judgment or decree. No consent judgment or decree that is entered before any complaint has been filed shall become final until sixty days from the filing of the consent judgment or decree or until the final determination of any exceptions filed, as hereinafter provided, whichever is later. During the sixty-day period any interested party covered under section 480-13 may file verified exceptions to the form and substance of the consent judgment or decree, and the court, upon a full hearing thereon may approve, refuse to approve, or may modify the consent judgment or decree.
(b) A plea of nolo contendere and a final judgment or decree rendered pursuant to that plea in any criminal action under this chapter shall not be admissible against the defendant in any action or proceeding brought by any other party under this chapter, or by the State, county, or any of its political subdivisions or governmental agencies, under section 480-14 against the defendant.
(c) Whenever any civil or criminal proceeding is instituted by the State to prevent, restrain, or punish violations of this chapter, but not including an action under section 480-14, the running of the statute of limitations in respect of every private right of action arising under the laws and based in whole or in part on any matter complained of in the proceeding shall be suspended during the pendency thereof and for one year thereafter. [L 1961, c 190, §20; Supp, §205A-20; HRS §480-22; am L 1981, c 181, §1; am L 2001, c 79, §3; am L 2008, c 19, §7]
Rules of Court
Applicability of Hawaii Rules of Civil Procedure, see HRCP rule 81(b)(12).
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-23 Immunity from prosecution.

§480-23 Immunity from prosecution.
(a) If, in any investigation brought by the attorney general pursuant to section 480-18, a person refuses, on the basis of the person's privilege against self-incrimination, to attend, to testify or produce a record, document, or other object in an official proceeding conducted under this chapter, and that person is informed of an order issued under section 480-23.1, that person may not refuse to comply with the order on the basis of the person's privilege against self-incrimination.
(b) No individual shall be criminally prosecuted or subjected to any criminal penalty under this chapter for or on account of any transaction, matter, evidence, or thing concerning which the individual may so testify or produce in any investigation brought by the attorney general pursuant to section 480-18, or any county attorney, corporation counsel, or prosecuting attorney of any county, when the individual has done so pursuant to an order issued under section 480-23.1; provided that no individual so testifying shall be exempt from prosecution or punishment for perjury, for giving a false statement, or for an offense involving a failure to comply with the order. [L 1961, c 190, §21; Supp, §205A-21; HRS §480-23; am L 1980, c 173, §2; gen ch 1985; am L 2008, c 19, §8]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-23.1 Procedures.

§480-23.1 Procedures.
(a) If a person has been or may be subpoenaed to testify or to produce a record, document, or other object in an official proceeding under this chapter, the investigating officer shall, when the investigation reaches a stage when the posture of discovered evidence renders the witness a substantially probable suspect of criminal misconduct, notify such person of the person's constitutional rights.
(b) A judge of a circuit court or of a district court may, upon application by the attorney general or any county attorney, corporation counsel, or prosecuting attorney, of any county, issue an order requiring the person to testify or to produce a record, document, or other object, notwithstanding the person's refusal to do so on the basis of the person's privilege against self-incrimination. The application shall specify whether the immunity being sought is use immunity as set forth in section 480-23.2 or transactional immunity as set forth in section 480-23.3.
(c) The order may be issued prior to the assertion of the privilege against self-incrimination but shall not be effective until the witness asserts the witness' privilege against self-incrimination and the presiding officer communicates the order to the witness. The order shall specify the type of immunity being granted and contain appropriate explanation of the scope of protection from prosecution being afforded thereby. [L 1980, c 173, §3; gen ch 1985; am L 2008, c 19, §9]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-23.2 Use immunity.

§480-23.2 Use immunity.
The testimony or production that is compelled under the order, and any information directly or indirectly derived from the testimony or production, may not be used against the person in any manner in a criminal case, except in a prosecution for perjury, for giving a false statement, or for an offense involving a failure to comply with the order; provided that such person may be prosecuted or punished for any crime so long as testimony or production that is compelled under the order, and any information directly or indirectly derived from such testimony or production, is not used against such person in such prosecution. [L 1980, c 173, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-23.3 Transactional immunity.

§480-23.3 Transactional immunity.
If a person is ordered to testify or produce a record, document, or other object under this chapter and the order specified that the person is granted transactional immunity pursuant to this section, such person shall not be prosecuted or punished in any criminal action or proceeding for or on account of any act, transaction, matter, or thing concerning which the person is so ordered to testify or produce a record, document, or other object, except that the person may be prosecuted for perjury, for giving a false statement, or for an offense involving a failure to comply with the order. [L 1980, c 173, §5; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480. Monopolies; Restraint of Trade › 480-23.4 Penalty.

§480-23.4 Penalty.
Any witness granted immunity under section 480-23(b) who fails or refuses to testify or produce information may be punished by the court for contempt, provided that the witness may also be charged with and convicted of perjury, for giving a false statement, or for an offense involving a failure to comply with the order notwithstanding the fact that the witness has been punished by the court for contempt. [L 1980, c 173, §6; gen ch 1985]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480B. Media Publications Disclosure Act › 480B-1 General definitions.

§480B-1 General definitions.
As used in this chapter:
"Media" means any printed publication of general distribution in the State issued once or more per year that is a party to the Mutual Publishing Plan Agreement as executed on May 31, 1962, and any subsequent amendments. [L 1995, c 243, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480B. Media Publications Disclosure Act › 480B-2 Disclosure.

§480B-2 Disclosure.
(a) The media shall submit to the attorney general, no later than thirty days after December 31 of the reporting year, an income tax return filed pursuant to section 235-4.
(b) Any media filing an annual income tax return pursuant to subsection (a) shall also furnish to the attorney general, in forms and at times that the attorney general deems necessary or expedient in the interest of the general public, special or supplementary reports covering information disclosed in subsection (a).
(c) Any report submitted pursuant to subsection (a) or (b) shall be a public record for the purposes of chapter 92F. [L 1995, c 243, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480D. Collection Practices › 480D-1 Scope and purpose.

§480D-1 Scope and purpose.
This chapter is intended to ensure that consumers are not subjected to unfair, deceptive, coercive, abusive, or harassing conduct in collection activities that are covered by this chapter. This chapter is intended to cover collection activities by debt collectors in collecting consumer debts. [L 1987, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480D. Collection Practices › 480D-2 Definitions.

§480D-2 Definitions.
As used in this chapter:
"Consumer debt" means any debt of a natural person incurred primarily for personal, family, or household purposes.
"Debt" means any obligation or alleged obligation of a person to pay money arising out of any transaction, whether or not the obligation has been reduced to judgment.
"Debt collector" means any person, who is not a collection agency regulated pursuant to chapter 443B, and who in the regular course of business collects or attempts to collect consumer debts owed or due or asserted to be owed or due to the collector.
"Person" means an individual, partnership, joint venture, corporation, association, business, trust, or any organized group of persons, or any combination thereof. [ L 1987, c 191, pt of §2; am L 2008, c 19, §10]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480D. Collection Practices › 480D-3 Prohibited practices.

§480D-3 Prohibited practices.
It shall be a prohibited practice for any debt collector to engage in any of the following practices while collecting a consumer debt:
(1) To threaten the use of violence or other criminal means to cause harm to the physical person, reputation, or property of any person;
(2) To falsely accuse or threaten to falsely accuse any person of fraud or any other criminal conduct;
(3) To make false accusations or threaten to make false accusations, to another person, including any credit reporting agency, that a debt has not been paid;
(4) To threaten that nonpayment of a debt will result in the arrest of any person;
(5) To threaten to turn over the collection of the debt to a person who will engage in practices prohibited by this section;
(6) To threaten to sell or assign the debt with statements that, or implying that, the sale or assignment will cause the debtor to lose a defense or legal right as a result of the sale or assignment;
(7) To use profane or obscene language that is intended to abuse the hearer or reader;
(8) To disclose, publish, or communicate any false and material information relating to the indebtedness;
(9) To represent that an existing obligation may be increased by attorney's fees, investigation fees, service fees, and other fees or charges when in fact the fees or charges may not legally be added to the existing obligations;
(10) To seek or obtain any statement or acknowledgment that the debt was incurred for necessities of life when in fact the debt was not so incurred; or
(11) To collect or attempt to collect any interest, charge, fee, or expense incidental to the debt unless the additions are authorized by the agreement or by law. [L 1987, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480D. Collection Practices › 480D-4 Enforcement.

§480D-4 Enforcement.
(a) Except as provided in subsection (b), any person who engages in any practice prohibited by this chapter shall be deemed to have engaged in an unfair method of competition or unfair and deceptive acts or practices in the conduct of any trade or commerce within the meaning of section 480-2.
(b) In any case involving violations of section 480D-3(3) or (8), the debt collector shall not be subject to the provisions of subsection (a) if the debt collector can prove that the violation resulted from a bona fide error, notwithstanding the maintenance of procedures reasonably adopted to avoid such error. Examples of bona fide error include, but are not limited to, clerical miscalculations, computer malfunction, printing errors, and computer programming errors. If bona fide error is proven, the debt collector shall:
(1) Correct the error as expeditiously as possible and make every reasonable effort to correct any consequences of that error; and
(2) Be liable for any actual damages suffered by the consumer including the time and expense required to correct the error.
A court may award reasonable attorney's fees and costs incurred by the consumer in insuring that the error and its consequences are corrected. [L 1987, c 191, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-1 Purpose.

§480E-1
Purpose.
The purpose of this chapter is to protect Hawaii consumers from persons who prey on consumers by offering services that purport to provide relief from consumers' mortgage loan obligations or from other filed or threatened liens or encumbrances against their properties. Consumers who face foreclosures, liens, or encumbrances are often in desperate financial situations that can have severe adverse consequences for individuals and families even if the consumers have significant equity in their residential real property. The consumers' desperation makes them vulnerable to persons who claim they can stop, prevent, or delay foreclosures, liens, or encumbrances, or claim they can reduce, modify, or eliminate mortgage loan obligations or other filed or threatened liens or encumbrances. Persons who make these claims often use the consumers' desperation to foster unequal bargaining positions and withhold or misrepresent vital information and details. As a result, consumers may be convinced to give up their real property interests and valuable equity to these persons while receiving little in return. Requiring full and complete disclosure of vital information will better enable consumers to make informed decisions when dealing with persons claiming to be able to stop foreclosures, liens, or encumbrances. This chapter addresses possible misrepresentations by compelling persons who offer assistance to fully and completely describe their services in written contracts and gives consumers the right to cancel at any time before a distressed property consultant has performed all services called for in a contract. [L 2008, c 137, pt of §2; am L 2016, c 142, §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-2.5 Mortgage rescue fraud; consumer education.

§480E-2.5 Mortgage rescue fraud; consumer education.
The office of consumer protection shall educate consumers about abusive practices that may be committed against consumers who may be offered mortgage assistance relief services or who face property foreclosures, liens, or encumbrances, as appropriate. [L 2012, c 183, pt of §1; am L 2016, c 142, §4]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-4 Right to cancel a distressed property consultant contract.

§480E-4 Right to cancel a distressed property consultant contract.
(a) A distressed property consultant contract shall contain, immediately before the space reserved for all the distressed property owners' signatures, the following notice of right to cancel a distressed property consultant contract in a type size no smaller than fourteen-point boldface type, completed with the name of the distressed property consultant:
"YOU, THE OWNER, MAY CANCEL THIS TRANSACTION AT ANY TIME BEFORE THE DISTRESSED PROPERTY CONSULTANT HAS FULLY PERFORMED EACH AND EVERY SERVICE THE DISTRESSED PROPERTY CONSULTANT CONTRACTED TO PERFORM OR REPRESENTED WOULD BE PERFORMED. SEE THE ATTACHED NOTICE OF CANCELLATION FORM FOR AN EXPLANATION OF THIS RIGHT.
(Name of the distressed property consultant) (or anyone working for or with the distressed property consultant) CANNOT:
(1) Take any money from you or ask you for money until (Name of the distressed property consultant) has completely finished doing everything (Name of the distressed property consultant) said he or she would do; or
(2) Ask you to sign or have you sign any lien, encumbrance, mortgage, assignment, or deed unless the lien, encumbrance, mortgage, assignment, or deed is fully described including all disclosures required by law."
(b) A distressed property consultant contract shall be accompanied by the following notice of cancellation form, in duplicate, attached to the contract and easily detachable, in a type size no smaller than fourteen-point boldface type, completed with the date the contract was last signed, the name of the distressed property consultant, and the address where the notice of cancellation is to be delivered:
"NOTICE OF CANCELLATION
(Enter date contract last signed)
(Date)
YOU MAY CANCEL THIS TRANSACTION, WITHOUT ANY PENALTY OR OBLIGATION, AT ANY TIME BEFORE THE DISTRESSED PROPERTY CONSULTANT HAS FULLY PERFORMED EACH AND EVERY SERVICE THE DISTRESSED PROPERTY CONSULTANT CONTRACTED TO PERFORM OR REPRESENTED WOULD BE PERFORMED.
TO CANCEL THIS TRANSACTION, MAIL OR DELIVER A SIGNED AND DATED COPY OF THIS NOTICE OF CANCELLATION, OR ANY OTHER WRITTEN NOTICE OF CANCELLATION TO (Name of distressed property consultant) AT (Address where notice of cancellation is to be delivered).
I HEREBY CANCEL THIS TRANSACTION.
________________________________
(Date)
_____________________________
(Owner's signature)"
[L 2008, c 137, pt of §2]
2023 Hawaii Revised Statutes › Title 26. Trade Regulation and Practice › 480E. Mortgage Rescue Fraud Prevention Act › 480E-5 Cancellation of a distressed property consultant contract.

§480E-5
Cancellation of a distressed property consultant contract.
(a) In addition to any other legal right to rescind a contract, any distressed property owner has the right to cancel a distressed property consultant contract, without any penalty or obligation, at any time before the distressed property consultant has fully performed each and every service the distressed property consultant contracted to perform or represented would be performed.
(b) Cancellation occurs when any distressed property owner delivers, by any means, written notice of cancellation to the address specified in the distressed property consultant contract.
(c) Notice of cancellation, if given by mail, is effective when deposited in the mail with postage prepaid. Notice by certified mail, return receipt requested, addressed to the address specified in the distressed property consultant contract, shall be conclusive proof of notice of cancellation.
(d) Notice of cancellation given by any distressed property owner need not take the particular form as provided with the distressed property consultant contract and, however expressed, is effective if it indicates the intention of the distressed property owner not to be bound by the contract. [L 2008, c 137, pt of §2; am L 2016, c 142, §6]