Title 26, Trade Regulation And Practice

[§481M-2] Lease-purchase agreement defined. A lease-purchase agreement is an agreement for the use of personal property by a natural person primarily for personal, family, or household purposes, for an initial period of four months or less that:

[§481M-3] Agreements exempt from other laws. (a) Lease-purchase agreements are not subject to: (b) This chapter does not apply to the following:

§481M-4 Provisions prohibited in agreements. A lease-purchase agreement may not contain:

[§481M-5] Limit on total lease payments. (a) No lessor shall offer a lease-purchase agreement in which the total lease payments necessary to acquire ownership exceed twice the cash price of the rented property. (b) When fifty per cent of all rental payments made by a lessee equal…

[§481M-6] Early termination. The lessee shall have the right to acquire ownership of the property at any time after the initial payment by tendering to the lessor all past due payments and fees and an amount equal to the cash price stated in the lease-purchase agreement multiplie…

§481M-7 Additional charges. (a) A lessor may contract for and receive an initial nonrefundable fee not to exceed $10 per lease-purchase agreement. If the lessor requires a security deposit, the amount of the deposit and the conditions under which it will be returned shall be disc…

[§481M-8] Assignee liability and notice of assignment. (a) With respect to a lease-purchase agreement, an assignee of the rights of the lessor is subject to all claims and defenses of the lessee against the lessor arising from the lease of property or services, notwithstanding th…

[§481M-9] Unfair or deceptive acts or practices. Any person who violates this chapter shall be deemed to have engaged in an unfair or deceptive act or practice within the meaning of section 480-2. [L 1997, c 248, pt of §1]

[§481N-1] Definitions. As used in this chapter: "340B covered entity" means an entity that participates in the federal 340B drug pricing program authorized by title 42 United States Code section 256b (section 340B of the Public Health Service Act). "340B drug" means a prescriptio…

[§481N-2] Drug manufacturers; discriminatory acts prohibited. (a) No manufacturer, or any agent or affiliate of a manufacturer, shall deny, restrict, or prohibit, either directly or indirectly, the acquisition of a 340B drug by, or shipping or delivery of a 340B drug to, a pharma…

[§481N-3] Suits by private entities; injunctive relief only. Any 340B covered entity that is injured in its business or property by a violation of section 481N-2 may bring a civil action to enjoin the violation. If a judgment is awarded in favor of the 340B covered entity, the 34…

[§481N-4] Attorney general enforcement; remedies. (a) The attorney general may bring a civil action to enjoin a violation of section 481N-2. (b) Any manufacturer, or any agent or affiliate of a manufacturer, that violates section 481N-2 shall be fined no less than $500 and no mor…

[§481N-5] Limitation of actions. Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within four years after the cause of action accrues. For the purposes of this section, a cause of action for a continuing violation is deemed to ac…

[§481N-6] Reporting. (a) Beginning on July 1, 2026, and no later than July 1 each year thereafter, each 340B covered entity shall report to the hospital trade association operating in the State the following information regarding the 340B covered entity's use of contract pharmaci…

[§481P-1] Definitions. Whenever used in this chapter, unless the context requires otherwise: "Consumer" or "purchaser" means a person who is, or may be, required to pay for goods or services offered by a seller or telephone solicitor through telemarketing and includes but is not …

§481P-2 Violations. (a) It is an unfair or deceptive act or practice and a violation of this chapter for any seller or telephone solicitor to: (b) It is a violation of this chapter for any person to assist, support, or provide substantial assistance to any seller or telephone sol…

§481P-3 Abusive telemarketing acts or practices. It is an abusive telemarketing act or practice and a violation of this chapter for any seller or telephone solicitor to engage in the following conduct:

[§481P-4] Recordkeeping. Every telephone solicitor shall keep true and accurate records of all telemarketing activities initiated in this State or directed to consumers located in this State. Upon demand, the records shall be made available to the department of commerce and consu…

§481P-5 Exemptions. This chapter shall not apply to:

§481P-6 Unfair or deceptive act or practice. 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 1999, c 170…

[§481P-7] Other relief available. The relief provided in this chapter is in addition to remedies otherwise available for the same conduct under the common law or other state or federal statutes or rules. [L 1999, c 170, pt of §1]

[§481P-8] Contracts voidable. A contract or agreement made as a result of telemarketing activity that violates this chapter is voidable by the consumer for any reason at any time and shall not be enforced against the consumer and any debt arising therefrom shall not be reported t…

[§481R-1] Definitions. As used in this chapter: "Commissioner" means the insurance commissioner. "Consumer" means a person in this State who purchases or otherwise possesses a vehicle protection product. "Department" means the department of commerce and consumer affairs. "Reimbur…

[§481R-10] Cancellation of warranty. (a) Each vehicle protection product warranty shall state the terms, restrictions, or conditions if any, governing cancellation of the warranty by the warrantor before the expiration date of the warranty. Cancellation may only occur under this …

[§481R-11] Limitations on use of warrantor's name. (a) A warrantor shall not use: (b) A warrantor may use the word "guaranty" or a similar word in the warrantor's name. [L 2002, c 237, pt of §1]

[§481R-12] Prohibited acts. (a) A warrantor or a warrantor's representative, in the warrantor's vehicle protection product warranty or in an advertisement or literature for the warranty, may not: (b) A warrantor may not require, as a condition of sale or financing, that a retail …

[§481R-13] Enforcement. (a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder, which is consistent with the provisions of this chapter. The commissioner may conduct investigations and examinati…

[§481R-2] Applicability of chapter. (a) This chapter shall apply only to vehicle protection products delivered to consumers in the State of Hawaii, the warranties of which require the warrantor, to the extent agreed on as part of the warranty, to pay expenses to the consumer for …

[§481R-3] Powers and duties of the commissioner. (a) The commissioner may adopt rules under chapter 91 as necessary to implement this chapter. (b) The commissioner may conduct investigations of warrantors or other persons as reasonably necessary to enforce this chapter and to pro…

§481R-4 Registration requirements; exemptions. (a) Before conducting business in this State or issuing any warranty, a warrantor shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7…

[§481R-5] Financial security requirements. (a) To ensure the adequate performance of a warrantor's obligations to a consumer, each warrantor shall comply with financial security requirements by insuring each vehicle protection product warranty issued by the warrantor under a reim…

[§481R-6] Reimbursement insurance policy. (a) In order for a warrantor to comply with section 481R-5(a), the warrantor's insurance policy shall state that: (b) An insurer who issues a reimbursement insurance policy under this chapter may not cancel the policy until the insurer de…

[§481R-7] General warrantor operation requirements. (a) A warrantor may appoint a designee to be responsible for any or all of the administration of vehicle protection products and for compliance with this chapter. The designee shall be liable to the extent the warrantor would be…

[§481R-8] Warrantor records. (a) Each warrantor shall maintain accurate accounts, books, and other records regarding transactions regulated under this chapter. The warrantor's records shall include: (b) Except as provided by subsection (d), each warrantor shall retain all records…

§481R-9 Required disclosures. (a) Each vehicle protection product warranty marketed, sold, offered for sale, issued, made, proposed to be made, or administered in this State shall be written, printed, or typed, in clear, understandable, and easy to read language, and shall disclo…

[§481T-1] Short title. This chapter may be cited as the Hawaii Truth in Music Advertising Act. [L 2020, c 15, pt of §2]

[§481T-2] Definitions. As used in this chapter, unless the context clearly requires otherwise: "Performing group" means a vocal or instrumental group of one or more members that intends to advertise or perform under the name of a recording group or a name substantially similar to…

[§481T-3] Prohibited acts. A person may not advertise or conduct a live musical performance or production in this State through the use of a false, deceptive or misleading affiliation, connection, or association between a performing group and a recording group. This section does …

[§481T-4] Enforcement. (a) Each performance or production in violation of section 481T-3 constitutes a separate violation and shall be treated as an unfair or deceptive act or practice under section 480-2. (b) If the attorney general has reason to believe that a person is adverti…

[§481T-5] Private right of action. Any party, or assignee, authorized agent, or licensee of that party, who is injured as a result of the person's violation of section 481T-3 may bring a civil action for appropriate legal and equitable relief, including injunctive relief, and for…

[§481X-1] Application. (a) This chapter shall not apply to: (b) The marketing, sale, offering for sale, issuance, making, proposing to make, and administration of service contracts by providers and related service contract sellers, administrators, and other persons shall be exemp…

[§481X-10] Prohibited acts. (a) No provider shall use in its name, the word "insurance", "casualty", "surety", "mutual", or any other word descriptive of the insurance, casualty, or surety business, or a name deceptively similar to the name or description of any insurance or sure…

[§481X-11] Rules. The commissioner may adopt rules pursuant to chapter 91 to implement this chapter. [L 2000, c 221, pt of §2]

[§481X-12] Enforcement. (a) The commissioner may take any action necessary or appropriate to enforce this chapter, and the rules adopted and orders issued hereunder. The commissioner may conduct investigations and examinations of providers, administrators, insurers, or other pers…

§481X-2 Definitions. As used in this chapter: "Administrator" means a person appointed or designated by a provider who administers service contracts and service contract plans on behalf of the provider and subject to the requirements of this chapter. "Commissioner" means the insu…

§481X-3 Registration. (a) Before conducting business in this State, a provider shall register with the commissioner, on a form prescribed by the commissioner, and shall pay to the commissioner a fee as provided under section 431:7-101. (b) Provider registration shall be updated a…