Hawaii · statute · Haw. Rev. Stat. ch. 481B · 21 active provisions
No person, firm, partnership, association, or corporation, or agent or employee thereof, shall, in any manner, or by any means, offer for sale goods, property, or merchandise, where the offer includes the voluntary and unsolicited sending of goods, property, or merchandise not actually ordered or requested by the recip…
(a) Any person who is regularly engaged in the business of selling or offering for sale goods, property, or merchandise through a mail order scheme whereby the purchaser contracts or promises to buy a certain quantity of such goods, property, or merchandise periodically over a certain period of time with an option to m…
(a) It shall be an unlawful practice under this chapter for any person to enforce or attempt to enforce an agreement to purchase, lease, or rent a consumer product if the offer to sell, lease, or rent was conducted in a manner not in compliance with the requirements of this chapter. (b) It shall be an unlawful practice…
(a) It shall be unlawful for any person engaging in business for profit or the person's agents to represent that proceeds from the sale or services by such person or the person's agent are for the benefit of individuals on account of their being disabled or handicapped when, in fact, the proceeds will not be so used. (…
The vocational rehabilitation section of the department of human services shall issue a numbered certificate to a disabled or handicapped person who will engage in the solicitation of goods or services by telephone. The certificate shall certify that the applicant is a handicapped or disabled person, with a handicap or…
Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2.
(a) As used in this section, unless the context otherwise requires: "Ancillary charges" includes all charges paid to the merchant that are necessary for the use of the goods for their purchased purpose and all sums paid for agreements for service, warranty, or replacement. "Conspicuous sign" means a sign posted in the…
(a) No person shall advertise, offer to sell, or sell a solar energy device unless the person clearly discloses separately the following information concerning the sale price of the solar energy device to the consumer: (1) The cost of the solar energy device and accessories related to the operation of the solar energy…
No person shall advertise, offer to sell, or sell a computer, if the person has removed or replaced or had removed or replaced any computer part or component from the computer as received from the manufacturer, unless the person conspicuously discloses in type of no less than eight point size, all parts removed or repl…
Any person who deposits any money to attend a sensitivity-awareness group seminar and before the first day of the seminar, requests to cancel his or her right to attend and requests a refund of moneys deposited or paid, shall be refunded in full less identifiable nonrecoverable costs not to exceed the lesser of $50 or…
(a) No person shall: (1) Solicit or induce a consumer to pay money or other valuable consideration based on false representations that the person can erase, correct, repair, alter, or otherwise modify an accurately reported consumer credit history; (2) Solicit or induce a consumer to pay money or other valuable conside…
(a) Any restaurant or person engaged in the business of offering services or goods for sale at retail may allow customers to purchase gift certificates. A certificate issuer shall not charge a service fee, including but not limited to a service fee for dormancy or inactivity. Any activation or issuance fee charged shal…
(a) Any: (1) Hotel or restaurant that applies a service charge for the sale of food or beverage services; or (2) Hotel that applies a service charge for porterage services; shall distribute the service charge directly to its employees as tip income or clearly disclose to the purchaser of the services that the service c…
(a) No ticket broker shall charge a fee for the use of a credit card to purchase tickets without first disclosing that a fee will be charged. (b) A ticket broker shall refund any and all service fees charged for the purchase of a ticket when the public exhibition, game, contest, or performance for which the ticket was…
(a) The director of commerce and consumer affairs may enforce title 10 United States Code section 987, (section 670 of the John Warner National Defense Authorization Act for Fiscal Year 2007, Public Law No. 109-364), and federal regulations promulgated thereunder, including but not limited to title 32 Code of Federal R…
(a) An exclusive listing agreement shall be void and unenforceable under this chapter if the agreement: (1) Lasts longer than twelve months from the date the agreement was made; (2) Purports to run with the land or be binding on future owners of interests in the real property; (3) Allows for assignment of the right to…
As used in this part, unless the context otherwise requires: "Claimant" means the person alleging a violation of this part. "Domain name" means any alphanumeric designation that is registered with or assigned by any domain name registrar, domain name registry, or other domain name registration authority as part of an e…
(a) A person shall be liable in a civil action by the owner of any distinctive mark registered and used in Hawaii, without regard to the goods or services of the parties, if that person in bad faith: registers, traffics in, or uses a domain name that is identical or confusingly similar to that mark. (b) Any person who…
(a) In any action brought pursuant to this part, it shall be the claimant’s burden to prove by a preponderance of the evidence the person’s bad faith intent. In determining whether there is bad faith intent pursuant to section 481B-22, a court may consider factors, including, but not limited to, the following: (1) The…
(a) A person who in good faith registers a domain name consisting of the name of another living person, or a name substantially and confusingly similar thereto, shall not be liable under section 481B-22 if the name is used in, affiliated with, or related to a work of authorship protected under Title 17, United States C…
(a) Any persons whose rights under section 481B-22 have been violated may bring a civil action against the person responsible for the violation. (b) In any civil action brought under this part, if the court finds a violation of section 481B-22, the court may award: (1) Injunctive relief, including the forfeiture or can…