Title 26, Trade Regulation And Practice

[§481B-12] Credit repair organizations. (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 …

§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: (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 …

[§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: (1) Lasts longer than twelve months from the date the agreement was made; (2) Purports to run with the land or be binding o…

[§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…