Delinquent installment loans; restrictions on collection by lender or third party

HRS §480J-10, under Chapter 480J.

HRS §480J-10

[§480J-10] Delinquent installment loans; restrictions on collection by lender or third party. (a) An installment lender shall comply with all applicable state and federal laws when collecting a delinquent installment loan. A lender may take civil action to collect principal, interest, fees, and costs allowed under this chapter. A lender shall not threaten criminal prosecution as a method of collecting a delinquent installment loan or threaten to take any legal action against the consumer that is not otherwise permitted by law.

(b) Unless invited by the consumer, a lender shall not visit a consumer's residence or place of employment for the purpose of collecting a delinquent installment loan. A lender shall not impersonate a law enforcement officer or make any statements that might be construed as indicating an official connection with any federal, state, or county law enforcement agency or any other governmental agency while engaged in collecting an installment loan.

(c) A lender shall not communicate with a consumer in a manner intended to harass, intimidate, abuse, or embarrass a consumer, including communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, or by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if it is initiated by the lender for the purposes of collection and the communication is made:

(d) A lender shall maintain, in accordance with applicable law, an accurate and complete communication log of all telephone and written communications with a consumer initiated by the lender regarding any collection efforts, including date, time, and the nature of each communication.

(e) For purposes of collecting a dishonored check, this section shall apply to any employee, arranger, or third-party assignee of a lender.

(f) For purposes of this section, "communication" includes any contact with a consumer initiated by a lender in person, by telephone, or in writing, including via electronic mail, text message, or other electronic writing; provided that: