Title 26, Trade Regulation And Practice

PART I. MISCELLANEOUS PROVISIONS §481B-1 Unsolicited goods, etc., unconditional gift. 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 in…

§481B-1.5 Same, commercial mail order buying clubs. (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 go…

§481B-1.6 Offers of gifts or prizes; unlawful. (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…

§481B-11 Sensitivity-awareness group seminars. 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 refu…

[§481B-12] Credit repair organizations. (a) No person shall: (b) For the purposes of this section, "consumer" means a natural person acting in his or her own personal capacity. (c) Any violation of this section shall constitute an unfair or deceptive act or practice in the conduc…

§481B-13 Gift certificates. (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…

§481B-14 Hotel or restaurant service charge; hotel porterage service charge; disposition. (a) Any: shall distribute the service charge directly to its employees as tip income or clearly disclose to the purchaser of the services that the service charge is being used to pay for cos…

[§481B-15] Ticket brokers; fees; cancellation. (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 tic…

[§481B-16] Protection of military; lending practices. (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 feder…

[§481B-17] Exclusive listing agreements; prohibited. (a) An exclusive listing agreement shall be void and unenforceable under this chapter if the agreement: (b) It shall be unlawful to present for recording or filing, or otherwise attempt to record to file, with the bureau of con…

[§481B-2] Aid to handicapped, misrepresentation as to. (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 ac…

[PART II.] CYBERSQUATTING [§481B-21] Definitions. 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 re…

[§481B-22] Cybersquatting and cyber piracy prohibited. (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, o…

[§481B-23] Determining bad faith intent. (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 c…

[§481B-24] Exceptions. (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…

[§481B-25] Damages and remedies. (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, th…

§481B-3 Certificate. 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 appl…

§481B-4 Remedies. Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2. [L 1969, c 213, §4; am L 1974, c 255, §2;…

§481B-5.5 Returns for refunds, merchandise credits, and exchanges. (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 sum…

§481B-6 Sale of solar energy devices; disclosure requirements. (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…

§481B-7 Sale of computers; disclosure requirements. 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…