Title 26, Trade Regulation And Practice

§476-1 Definitions. In this chapter, unless the context or subject matter otherwise requires: "Annual percentage rate" means the annual percentage rate of finance charge determined in accordance with the federal Truth in Lending Act. "Cash price" means the price at which the sell…

§476-10 Blank spaces in contract; assignee without knowledge. (a) When a paper whose contents at the time of signing shows that it is intended to become a credit sale contract is signed while still incomplete in any necessary respect it cannot be enforced until completed, but whe…

§476-11 Catalog mail order sales. Credit sales negotiated and entered into by mail without personal solicitation by a salesperson or other representative of the seller, and if seller's cash price and other terms are clearly set forth in a catalog, or other printed solicitation of…

§476-12 Payment without notice of assignment. Unless the buyer has notice of actual assignment of a credit sale contract, payment thereunder made by the buyer to the last known holder of the contract shall be binding upon all subsequent holders or assignees. The notice may be giv…

§476-13 Statement and receipt of payments. Upon written request from the buyer, the holder of a credit sale contract shall give or forward to the buyer a written statement of the dates and amounts of payments and the total amount unpaid under the contract. A buyer shall be given …

§476-14 Acceleration of time payments. No provision in a credit sale contract by which, in the absence of the buyer's default, the holder may, arbitrarily and without reasonable cause, accelerate the maturity of any part or all of the payments shall be enforceable. [L 1961, c 102…

§476-15 Confession of judgment; power of attorney; wage assignment. No provision in a credit sale contract for confession of judgment, power of attorney therefor, or wage assignment shall be enforceable in this State. [L 1961, c 102, pt of §1; Supp, §201A-12; am L 1967, c 285, §5…

§476-16 Waiver of illegal act; collection. No provision in a credit sale contract by which the buyer waives any of the requirements of this chapter or any right of action against the seller or holder of the contract, or other person acting on the seller's or holder's behalf, for …

§476-17 Subsequent inclusion of other security. In a contract for a sale primarily for a personal, family, or household purpose, no provision for the subsequent inclusion of title to or a subsequent lien upon or a subsequent security interest in any goods, other than the goods wh…

§476-18 Appointment of agent; collection or repossession. No provision in a credit sale contract by which the buyer executes a power of attorney appointing the seller or holder of the contract, or other person acting on the buyer's behalf, as the buyer's agent in collection of pa…

§476-19 Preservation of buyer's rights; assignment. (a) No contract shall contain any provision by which a buyer agrees not to assert against a seller a claim or defense arising out of the sale or agrees not to assert against an assignee such a claim or defense. (b) No contract s…

§476-2 Application when inconsistent with federal provisions or regulations. No contract, memorandum, or advertisement shall be required by this chapter to contain any disclosure which is inconsistent with the requirements of the federal Truth in Lending Act. [L 1969, c 126, §3; …

§476-20 Referral sales. Any sale of goods, services, or both, subject to this chapter, in which part of the inducement offered by the seller is a rebate, discount, commission, or other consideration exceeding forty per cent of the total sale price to be given the buyer when the b…

§476-21 Failure to comply; remedy of buyer; penalty. In case of failure of the seller or holder to comply with the requirements of sections 476-3, 476-5 to 476-9, 476-11, 476-13, 476-19, 476-20 (if the buyer does not exercise the right to cancel the contract), 476-22 to 476-24, a…

§476-22 Cancellation of contract. After the payment of all sums for which the buyer is obligated under a credit sale contract, the holder of the contract shall mail to the buyer at the buyer's last known address, good and sufficient instruments to indicate payment in full and to …

§476-23 Credit upon anticipation of payments. Notwithstanding any provisions of a credit sale contract to the contrary, a buyer, upon five days' prior notice to the holder, may satisfy in full at any time before maturity the debt of the contract and in so satisfying the debt shal…

§476-24 Additions to and consolidations of credit sale contracts. Where a buyer makes any subsequent purchases of goods from a seller from whom the buyer has previously purchased goods under one or more credit sale contracts which provide for the extension of closed-end credit, a…

§476-25 Prohibition of removal or sale without notice. Unless the contract otherwise provides, the buyer may, without the consent of the seller, remove the goods from the island in which the goods are first kept for use by the buyer after the sale and sell, mortgage, or otherwise…

§476-26 Removal; member of armed forces. Notwithstanding the provisions of section 476-25, a member of the armed forces of the United States on active duty who is a buyer of a motor vehicle under a contract, without the consent of the seller, may remove the motor vehicle from the…

§476-27 Fraudulent injury, concealment, removal, or sale; penalty. When, in violation of the terms of the contract the buyer, maliciously or with intent to defraud, injures, destroys, or conceals the goods, or, without the consent of the seller, maliciously or with intent to defr…

§476-28 Regulation of finance charges. It shall be unlawful, directly or indirectly, to charge, contract for, collect, or receive any finance charge, on a credit sale contract except as is provided by this section.

§476-29 Advertising in connection with credit sales. (a) Any person who advertises by television, radio, telephone, newspaper, magazine, other printed material, or in any other way, for the credit sale of goods or services primarily for person, family, or household purposes under…

§476-3 General requirements of credit sale contracts. (a) Every credit sale contract shall: (b) The contract may provide for purchases to be made by the buyer from time to time and shall be effective as to such purchases. If the contract provides for purchases to be made from tim…

§476-30 Territorial application. (a) Except as otherwise provided in this section, this chapter applies to a credit sale entered into in this State. For the purposes of this chapter a credit sale is entered into in this State if: (b) A credit sale to which this chapter does not a…

§476-31 Attorney general, director of [the office of] consumer protection, or prosecutor to enforce chapter. The attorney general, the director of the office of consumer protection, or the prosecuting attorney may bring an action in the name of the State against any person to res…

§476-32 Short title. This chapter may be cited as "The Credit Sales Act". [L 1961, c 102, pt of §1; Supp, §201A-33; HRS §476-38; am and ren L 1984, c 86, pt of §1]

§476-4 Specific requirements of credit sale contracts. (a) Every credit sale contract which provides for the extension of open-end credit primarily for a personal, family, or household purpose shall disclose the annual percentage rate of the finance charge to be imposed under the…

§476-5 Balloon payments. With respect to any sale of goods, services, or both, purchased primarily for a personal, family, or household purpose, which is subject to this chapter, if any scheduled payment is more than twice as large as the average of earlier scheduled payments, th…

§476-6 Deferred payments, interest, etc. Any payment on account of the principal balance of a contract which is due on a particular date may be extended or deferred to a later date by mutual agreement, and, upon the amount of the principal balance payment so extended or deferred,…

§476-7 Contract copy to buyer; acknowledgment. (a) Upon the execution of the contract, a copy thereof, signed by the parties, shall be delivered immediately to the buyer; provided that if the contract is signed only by one party, and the signing thereof by the other is postponed,…

§476-8 Insurance provisions. (a) The amount, if any, charged for insurance shall not exceed the premiums chargeable in accordance with rate filings made with the state insurance commissioner under chapter 431 for similar insurance. The seller or holder, if dual interest insurance…

§476-9 Late charges; court costs; attorney's fees. The holder of a credit sale contract, including any financial services loan company, may, if the contract so provides, collect a late charge on each installment in default for a period not less than ten days in an amount not in e…

[§477E-1] Short title. This chapter may be cited as the Hawaii Fair Credit Extension Act of 1975. [L 1975, c 109, pt of §1]

§477E-2 Definitions. As used in this chapter: "Applicant" means any person who initially applies to a creditor directly for a loan or credit, or who directly applies to a creditor for an extension, renewal, or continuation of credit, or applies to a creditor indirectly by use of …

[§477E-3] Prohibited credit discrimination. (a) It shall be unlawful for any creditor to discriminate against any applicant on the basis of marital status with respect to any aspect of a credit transaction. (b) An inquiry of marital status shall not constitute discrimination for …

[§477E-4] Civil remedies. (a) Any creditor who fails to comply with any requirement imposed under this chapter shall be liable to the aggrieved applicant in an amount equal to the sum of any actual damages sustained by such applicant. (b) Any creditor who fails to comply with any…

§477E-5 Unfair or deceptive act or practice. Any creditor who violates or attempts to violate any provision 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 1975, …

[§477E-6] Inconsistency with federal laws. No creditor shall be required to comply with any provisions of this chapter that are directly inconsistent with federal laws relating to discrimination in the advancement of credit. A provision of this chapter is not directly inconsisten…

§478-1 Definitions. As used in this chapter and unless a different meaning appears from the context: "Annual percentage rate" shall have the meaning given the term in the Truth in Lending Act. "Consumer credit" means credit extended to a natural person primarily for a personal, f…

§478-11.5 Credit cards. (a) With regard to every credit card issuer wherever located and a customer who is a resident of this State and who is given the opportunity to enter into a credit card plan, every solicitation and application for the credit card plan shall set forth all o…

§478-2 Legal rate; computation. When there is no express written contract fixing a different rate of interest, interest shall be allowed at the rate of ten per cent a year, except that, with respect to obligations of the State, interest shall be allowed at the prime rate for each…

§478-3 On judgment. Interest at the rate of ten per cent a year, and no more, shall be allowed on any judgment recovered before any court in the State, in any civil suit. [CC 1859, §1481; am L 1868, p 9; am L 1898, c 4, §2; RL 1925, §3586; RL 1935, §7051; am L 1935, c 18, §1; RL …

§478-4 Rate by written contract. (a) It shall in no case be deemed unlawful, with respect to any consumer credit transaction (except a credit card agreement) and any home business loan to stipulate by written contract, for any rate of simple interest not exceeding one per cent pe…

§478-5 Usury not recoverable. If a greater rate of interest than that permitted by law is contracted for with respect to any consumer credit transaction, any home business loan or any credit card agreement, the contract shall not, by reason thereof, be void. But if in any action …

§478-6 Usury; penalty. Any person who directly or indirectly receives any interest or finance charge at a rate greater than that permitted by law or who, by any method or device whatsoever, receives or arranges for the receipt of interest or finance charge at a greater rate than …

§478-7 Compound, not recoverable. No action shall be maintainable in any court of the State to recover compound interest upon any consumer credit transaction or upon any credit card agreement whatever. [CC 1859, §1484; RL 1925, §3590; RL 1935, §7056; RL 1945, §8737; RL 1955, §191…

§478-8 Exemptions from usury. (a) This chapter (except for this section and section 478-3) shall not apply to any mortgage loan transaction wholly or partially secured by a guarantee or insurance or a commitment to insure issued under the provisions of the National Housing Act, C…

§478-9 Rejection of federal law. It is hereby explicitly stated by the terms of this section that the provisions of Title V, Part A-Mortgage Usury Laws, Mortgages, section 501(a)(1) and of Part B-Business and Agricultural Loans, of the Depository Institutions Deregulation and Mon…

[PART I. ANTITRUST PROVISIONS] §480-1 Definitions. As used in this chapter: "Class action" includes the definition as provided in rule 23 of the Hawaii rules of civil procedure. "Commodity" includes, but is not restricted to, goods, merchandise, produce, choses in action, and any…

§480-10 Exemption of labor organizations. The labor of a human being is not a commodity or article of commerce. Nothing in this chapter shall be construed to forbid the existence and operation of labor organizations, instituted for the purpose of mutual help, and not having capit…