Title 26, Trade Regulation And Practice

[§481F-8] Action for injunction and civil penalties. (a) Civil actions to enjoin violations of this chapter may be prosecuted in circuit court by the attorney general, the office of consumer protection, any county prosecuting attorney, or any person acting in the person's own int…

[§481F-9] Construction. The rights, liabilities, and remedies created by this chapter shall be construed to be in addition to and not in substitution, exclusion or displacement of other rights, liabilities, remedies provided by law. [L 1986, c 194, pt of §2]

[§481G-1] Definitions. As used in this chapter: "Dealer" means any person, corporation, partnership, association, association of dealers, or other form of business enterprise engaged in the business of selling products. "Dealership" means any agreement, written or verbal, between…

[§481G-2] Exemption. This chapter shall not apply to franchises as defined in section 482E-2. [L 1983, c 285, pt of §1]

[§481G-3] Distribution of products; dealership required. No distributor shall sell, consign, exchange, or otherwise transfer any product to any dealer for sale or resale in this State except by way of a dealership. [L 1983, c 285, pt of §1]

[§481G-4] Wrongful or illegal termination; unreasonable nonrenewal; damages; defenses. (a) Except as provided in section 481G-5, a distributor shall be liable to a dealer who sells the products of the distributor under a dealership from the distributor for damages and such equita…

[§481G-5] Notice of termination, cancellation, or nonrenewal. A distributor shall not terminate, cancel, or refuse to renew a dealership with a dealer without first giving written notice by certified mail at least ninety days in advance of the effective date of such action as set…

§481G-6 Exceptions. No action may be brought under section 481G-4 in connection with the termination, cancellation, or nonrenewal of a dealership if the dealership provides for the binding arbitration of disputes arising thereunder, including disputes related to the termination, …

[§481G-7] Disposition of inventory. Upon termination of a dealership by either the distributor or the dealer, whether or not for cause, the distributor shall at the request of the dealer, take back any inventory from the dealer which was supplied by the distributor and which has …

[§481G-8] Antitrust laws. No provision of this chapter shall repeal, modify, or supersede, directly or indirectly, any provision of chapter 480. [L 1983, c 285, pt of §1]

[§481H-1] Short title. This chapter shall be known and may be cited as the Hawaii Water Treatment Units Act. [L 1991, c 260, pt of §1]

[§481H-2] Definitions. As used in this chapter: "Contaminant" shall be defined as provided in chapter 340E. "Water treatment unit" means a product, device, or system designed for personal, family, or household use and for which a claim or claims are made stating that it will impr…

[§481H-3] Requirement for sale, lease or distribution. No water treatment unit that claims to reduce or eliminate the concentration of one or more health related contaminants in water supplies intended for human consumption may be sold or leased, offered for sale or lease, distri…

[§481H-4] Disclosure. No person shall sell, offer for sale, rent, lease, or distribute any water treatment unit for use in this State unless written material which provides the following information is included with each unit:

[§481H-5] Prohibited practices. (a) It shall be unlawful for any person to print or disseminate any false advertising or to use or employ any deceptive act or practice as described in subsection (b) in the conduct of any trade or commerce for the purpose of inducing the sale, lea…

[§481H-6] Door-to-door sales. No door-to-door sales of water treatment units shall be permitted unless a copy of data, claims, and information on water quality and health effects, as used in the sales presentation, are made a part of the contract. As used in this section, "data, …

[§481H-7] Exchanges. Any person in the business of offering water treatment units for sale at retail who accepts the return of goods for exchange only, shall post conspicuous signs in the person's place of business bearing the words "Exchanges only", or words or phrases of simila…

§481H-8 Remedies. (a) Any violation of the provisions of this chapter shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce under section 480-2. (b) The penalty provided in subsection (a) is in addition to…

[§481I-1] Legislative intent. The legislature recognizes that a motor vehicle is a major consumer purchase and that a defective motor vehicle creates a hardship for the consumer. The legislature further recognizes that a duly franchised motor vehicle dealer is an authorized servi…

§481I-2 Definitions. When used in this chapter unless the context otherwise requires: "Business day" means any day during which the service departments of authorized dealers of the manufacturer of the motor vehicle are normally open for business. "Collateral charges" means those …

§481I-3 Motor vehicle: express warranties, return. (a) If a motor vehicle does not conform to all applicable express warranties, and the consumer reports the nonconformity in writing to the manufacturer, its agent, distributor, or its authorized dealer during the term of the lemo…

§481I-4 Arbitration mechanism. (a) The department of commerce and consumer affairs shall establish and monitor a state certified arbitration program which is in substantial compliance with Title 16, Code of Federal Regulations, part 703, as may be modified by this section, and sh…

[§481J-1] Definitions. When used in this chapter unless the context otherwise requires: "Consumer" means the purchaser, other than for purposes of resale, of a used motor vehicle primarily used for personal, family, or household purposes and subject to a warranty, and the spouse …

§481J-2 Used motor vehicles: written warranty required, terms. (a) No used motor vehicle shall be sold in this State by a dealer to a consumer unless accompanied by a written warranty covering the full cost of both parts and labor necessary to repair any defect or malfunction in …

[§481J-3] Disclaimers void; authorized waivers; exemptions; "as is" sales. (a) Any agreement entered into by a consumer for the purchase of a used motor vehicle that waives, limits, or disclaims any of the rights set forth in section 481J-2 shall be void as contrary to public pol…

[§481J-4] Disclosure of damages or defects in used motor vehicles. (a) No dealer may offer for sale any used motor vehicle without first providing: (b) If a dealer promises that any repairs will be made or any conditions corrected in connection with the purchase of a used motor v…

[§481J-5] Notices. (a) The written warranty provided for in section 481J-2 and the written notices provided for in sections 481J-3 and 481J-4 shall be delivered to the consumer at or before the time the consumer signs the sales contract for the used motor vehicle. The warranty an…

§481J-6 Failure to honor warranty. (a) If the dealer or its agent fails to correct a defect or malfunction as required by the warranty specified in section 481J-2 after a reasonable period of time, the dealer shall accept return of the used motor vehicle from the consumer and ref…

§481J-7 Civil and administrative actions for violations. (a) A consumer of a used motor vehicle shall have a private right of action against a dealer to enforce this chapter and recover costs, including reasonable attorney's fees, incurred in the civil action. (b) It shall be an …

[§481K-1] Definitions. When used in this chapter unless the context otherwise requires: "Assistive device" means any device, including a demonstrator, that a consumer purchases or accepts transfer of in this State which is used to assist a person with a disability (as defined in …

[§481K-2] Warranties; repair. (a) No assistive device shall be sold, leased, or delivered in this State to a consumer unless accompanied by a written warranty under which the manufacturer warrants that the assistive device is fit for the ordinary purposes for which the device is …

§481K-3 Assistive device replacement or refund. (a) If the manufacturer or its agents fail to correct a nonconformity as required by a warranty after a reasonable opportunity to repair, the manufacturer shall accept return of the assistive device from the consumer and refund the …

[§481K-4] Nonconformity disclosure requirement. No assistive device returned by a consumer or assistive device lessor in this State or another state shall be sold or leased in this State unless the nature of the defect experienced by the original buyer or lessee is clearly and co…

[§481K-5] Other remedies. (a) Nothing in this chapter shall in any way limit the rights or remedies available to consumers, or to the State under any other law. (b) Any agreement entered into by a consumer for the purchase or lease of an assistive device that waives, limits, or d…

[§481K-6] Manufacturer's duty to provide reimbursement for temporary replacement of assistive devices; penalties. Whenever an assistive device covered by a manufacturer's express warranty is tendered by a consumer to the manufacturer, its agent, representative, assistive device d…

[§481L-1] Definitions. Whenever used in this chapter, unless the context otherwise requires: "Adjusted capitalized cost" means the gross capitalized cost, less the capitalized cost reduction, and is the amount used by the retail lessor in calculating the base periodic payment in …

§481L-2 Disclosures. A retail lessor shall:

[§481L-3] Trade-in vehicle. A trade-in vehicle used to reduce the gross capitalized cost shall be identified as a trade-in vehicle in the lease agreement and identified by year, make, and model. The lease agreement shall also state, in an amount distinct from the capitalized cost…

§481L-4 Civil remedies. A retail lessor who fails to comply with the requirements of this chapter shall be deemed to have engaged in an unfair or deceptive act or practice in the conduct of trade or commerce within the meaning of section 480-2. [L 1997, c 82, pt of §1; am L 2008,…

[§481M-1] Definitions. As used in this chapter, unless the context otherwise requires: "Advertisement" means a commercial message in any medium that aids, promotes, or assists, directly or indirectly, a lease-purchase agreement. "Cash price" means the price at which retail seller…

§481M-10 Remedies of lessee. (a) In case of a violation by a lessor of any provision of this chapter with respect to any lease-purchase agreement, the lessee may bring a suit in any court of competent jurisdiction to recover actual damages from the lessor, or may set off or count…

[§481M-11] Unconscionability. (a) With respect to a lease-purchase transaction, if the court as a matter of law finds the transaction, agreement, or any clause of the agreement to have been unconscionable at the time it was made, the court may: (b) If it is claimed or appears to …

§481M-12 Waivers. A lessor shall not require a lessee to waive: in collection of payments under the lease-purchase agreement or in repossession of the leased property. [L 1997, c 248, pt of §1; am L 2008, c 19, §32]

§481M-13 Disclosure of information. (a) The lessor shall disclose to the lessee the information required by this chapter. In a transaction involving more than one lessor, only one lessor need make the disclosures, but all lessors shall be bound by these disclosures. The disclosur…

§481M-14 Information required in disclosure. (a) For each lease-purchase agreement, the lessor shall disclose in the agreement the following items, as applicable: (b) In addition to the disclosures required pursuant to this section, the lessor shall also make the following disclo…