Title 26, Trade Regulation And Practice

[§480E-9.5] Recordkeeping and compliance requirements. (a) Any distressed property consultant shall keep, for a period of twenty-four months from the date the record is created, the following records: (b) A distressed property consultant shall also: (c) A distressed property cons…

§480F-1 Definitions. As used in this chapter, unless the context requires otherwise: "Check" means any check, draft, money order, or other instrument for the transmission or payment of money. "Check" does not include a traveler's check or foreign denomination or foreign drawn pay…

[§480F-2] Posting and notice of fees charged. Any person who cashes one or more checks for a fee shall:

§480F-3 Authorized fees. No check casher shall charge fees in excess of the following amounts:

[§480F-5] Exemptions. This chapter shall not apply to:

§480F-6 Penalties. (a) Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2(a). Aggrieved consumers may seek those remedies set forth in section 4…

[§480F-7] Other relief available. The penalties provided in this chapter are in addition to penalties and remedies otherwise available against the same conduct under the common law or other state or federal statutes or rules. [L 1999, c 146, pt of §1; am L 2001, c 20, §1]

PArt I. GEneral provisions §480J-1 Definitions. As used in this chapter, unless the context otherwise requires: "Annual percentage rate" means an annual percentage rate as determined pursuant to section 107 of the Truth in Lending Act, title 15 United States Code section 1606. Fo…

[§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, inte…

[§480J-11] Authorized insufficient funds charge. (a) Regardless of the number of instances where a consumer's payment is rejected due to insufficient funds, an installment lender may contract for and collect one insufficient funds charge for each payment due on an installment loa…

[§480J-12] Posting of license and loan charges. Any installment lender offering an installment loan shall conspicuously and continuously post, at any place of business where installment loans are made, the license required pursuant to this chapter and a notice of the loan charges…

[§480J-13] Internet lending. (a) An installment lender may advertise and accept applications for installment loans by any lawful medium, including the Internet, and shall provide all required notices and disclosures via the Internet, and the consumer may provide a valid electroni…

[§480J-14] Notice on assignment or sale of contract. (a) No licensee shall pledge, negotiate, sell, or assign a current and performing installment loan, except to another licensee or to a bank, savings bank, trust company, financial services loan company, or credit union organize…

[§480J-15] Maintenance of books and records. (a) Every installment lender shall keep in a safe and secure place those books and records that directly relate to any installment loan made within the State, and other books and records as may be necessary for the commissioner to ensu…

§480J-2 Installment loans; requirements; payments. (a) [Repeal and reenactment on June 30, 2030. L 2025, c 116, §5.] Each installment loan transaction and renewal shall meet the following requirements: (b) In an installment loan, a lender may contract for a once-every-two-weeks, …

[§480J-3] Written agreement; requirements; disclosure. (a) Each installment loan transaction and renewal shall be documented by a written agreement signed by the installment lender and consumer. The written agreement shall contain the following information: (b) The written agreem…

PArt II. LICENSING [§480J-31] License required. (a) No person, except those exempt under this chapter, shall act as an installment lender in this State unless licensed to do so by the commissioner. (b) Any loan made in violation of this section is void, and no person shall have t…

[§480J-32] Exemptions; relation to other laws. (a) This chapter shall not apply to the following: (b) Persons licensed under this chapter shall not be subject to chapter 443B. [L 2021, c 56, pt of §2]

[§480J-33] License; application; issuance. (a) The commissioner shall require all licensees to register with NMLS. (b) Applicants for a license shall apply in a form prescribed by NMLS or by the commissioner. The application shall contain, at a minimum, the following information:…

[§480J-34] License; grounds for denial. (a) The commissioner shall conduct an investigation of every applicant to determine the applicant's financial responsibility, character, and general fitness. The commissioner shall issue the applicant a license to engage in the business of …

[§480J-35] Fees; bond. (a) An installment lender shall pay the following fees to the division to obtain and maintain a valid license under this chapter: provided that the application fee and annual license renewal fee shall not apply to a nonprofit organization acting as an insta…

[§480J-36] License renewal; annual report. (a) On or before December 31 of each year, each licensee shall pay a renewal fee pursuant to section 480J-35. (b) The annual license renewal fee shall be accompanied by a report, in a form prescribed by the commissioner, that shall inclu…

[§480J-37] Enforcement; violations; penalties. (a) To ensure the effective supervision and enforcement of this chapter, the commissioner, pursuant to chapter 91, may take any disciplinary action specified in subsection (b) against an applicant or licensee if the commissioner find…

[§480J-38] Voluntary surrender of license. (a) A licensee may voluntarily cease business and surrender its license by giving written notice to the commissioner of its intent to surrender its license. Prior to the surrender date, the licensee shall have either completed all pendin…

[§480J-39] Sale or transfer of license; change of control. (a) No installment lender license shall be transferred, except as provided in this section. (b) A person or group of persons requesting approval of a proposed change of control of a licensee shall submit to the commission…

[§480J-4] Authorized interest rate. (a) Subject to section 480J-2(a)(3), an installment lender may contract for and receive interest at a rate not exceeding thirty-six per cent per year on that portion of the unpaid principal balance of the installment loan. Loans shall be precom…

[§480J-40] Authorized places of business; principal office; branch offices; relocation; closure. (a) Every installment lender licensed under this chapter shall have and maintain a principal place of business in the State, regardless of whether the installment lender maintains its…

[§480J-41] Payment of fees. All fees collected pursuant to section 480J-35, administrative fines, and other charges collected pursuant to this chapter shall be deposited into the compliance resolution fund established pursuant to section 26-9(o) and shall be payable through NMLS,…

[§480J-42] Commissioner; general powers. (a) The commissioner may adopt rules pursuant to chapter 91 that the commissioner deems necessary for the administration of this chapter. (b) In addition to any other powers provided by law, the commissioner may:

[§480J-43] Commissioner; investigation and examination authority. (a) In addition to the authority granted under section 480J-42(b), the commissioner shall have the authority to conduct investigations and examinations in accordance with this section. The commissioner may access, …

[§480J-44] Confidentiality. (a) Except as otherwise provided in title 12 United States Code section 5111, the requirements under any federal or state law regarding the privacy or confidentiality of any information or material provided to NMLS and any privilege arising under feder…

[§480J-45] Prohibited practices. (a) It shall be a violation of this chapter for a licensee; its control persons, executive officers, directors, general partners, managing members, employees, or independent contractors; or any other person subject to this chapter to: (b) In addit…

§480J-5 Maximum loan amount; prohibition against multiple loans. [Repeal and reenactment on June 30, 2030. L 2025, c 116, §5.] (a) A lender shall not lend an amount greater than $1,500 nor shall the amount financed exceed $1,500 by any one lender at any time to a consumer. (b) Ex…

[§480J-6] Right of rescission. (a) A consumer shall have the right to rescind an installment loan, at or before 5:00 p.m., Hawaii-Aleutian Standard Time, on the third business day after the date the loan was originated and at the location where the loan was originated, by returni…

[§480J-7] Notice to consumers; general requirements; right to prepay; loan limits; right to rescind. An installment lender shall provide the following notice on each written agreement for an installment loan. The notice shall be in a prominent place and in at least twelve-point t…

[§480J-8] Renewal; new loan requirements; consecutive loans; payment plan. (a) An installment loan may be renewed only once. After one renewal, the consumer shall pay the debt in cash or its equivalent. (b) Upon renewal of an installment loan, the lender may renew up to $1,500 of…

[§480J-9] Form of loan proceeds; endorsement of instrument; redemption of instrument. (a) An installment lender may pay the proceeds from or otherwise fund an installment loan to the consumer in the form of a monetary instrument, prepaid debit card, Automated Clearing House trans…

PART I. UNFAIR PRACTICES ACT §481-1 Unlawful practices. It shall be unlawful for any person, firm, or corporation, doing business in the State and engaged in the production, manufacture, distribution, or sale of any commodity, or product, or service, or output of a service trade,…

§481-10 Actions to enjoin violation. Any person, firm, private corporation, or municipal or other public corporation, or trade association, may maintain an action to enjoin a continuance of any act or acts in violation of sections 481-1 to 481-7 and, if injured thereby, for the r…

§481-11 Remedies cumulative. The remedies prescribed in this part are cumulative and in addition to the remedies prescribed in chapter 269 for discriminations by public utilities. If any conflict arises between this part and chapter 269, the latter prevails. [L 1937, c 223, pt of…

§481-2 Officers and agents. Any person who, either as director, officer, or agent of any firm or corporation, or as agent of any person, violating this part, assists or aids, directly or indirectly, in such violation shall be responsible therefor equally with the person, firm, or…

PART II. SALE OF UNITED STATES SURPLUS GOODS §481-21 Findings and declaration of public policy. The legislature of the State of Hawaii finds that the sale and distribution at retail of goods manufactured by or for or sold by the government of the United States, or any agency or d…

§481-22 Unauthorized use of certain trade names prohibited. No person shall use any trade name which includes the word "Army", "Navy", "Marine", "Coast Guard", "Government", "G.I.", or any other term which denotes an agency or department of the government of the United States, wi…

§481-23 Fraudulent representation of origin of goods. No person shall sell or offer for sale at retail any goods incorrectly purporting to be manufactured by or for or sold by the government of the United States. [L 1945, c 214, §3; RL 1955, §205-42; HRS §481-23]

§481-24 Advertising or display requirements. Any person who represents by sign, window display, label, advertising, or any other means that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, shall, with equa…

§481-25 Additional display requirements. Any person who represents by sign, window display, label, advertising, or by any other means, that the person sells goods sold by or manufactured for the government of the United States or any agency or department thereof, and who also sel…