§ 480-2 Unfair competition, practices, declared unlawful.
§ 481B-12 Credit repair organizations.
DIVISION 2. BUSINESS.
TITLE 26. TRADE REGULATION AND PRACTICE.
CHAPTER 481B. UNFAIR AND DECEPTIVE PRACTICES.
§ 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 history;
(2) Solicit or induce a consumer to pay money or other valuable
consideration for the referral of a consumer to a credit granting entity, if
that person knows or has reason to know that the consumer will be granted
credit, if at all, by the entity on substantially the same terms as those
available to the general public;
(3) Make or counsel or advise a consumer to make any statement
which is untrue or misleading or that the person should know by the exercise of
reasonable care to be untrue or misleading, to a credit reporting agency or to
any credit granting entity with respect to that customer's credit worthiness,
credit standing, or credit capacity; or
(4) Provide advice or assistance with regard to any of the
foregoing activities.
(b) For the purposes of this section, 'consumer' means a natural
person acting in his or her own personal capacity.
(c) Any violation of this section shall constitute an unfair or
deceptive act or practice in the conduct of trade or commerce under section 480-2.
(History. L 1989, c 152, § 1)
END OF DOCUMENT
§ 480-2 Unfair competition, practices,
declared unlawful.
HRS § 480-2
DIVISION 2. BUSINESS.
TITLE 26. TRADE REGULATION AND PRACTICE.
CHAPTER 480. MONOPOLIES; RESTRAINT OF TRADE.
§ 480-2 Unfair competition, practices, declared unlawful.
(a) Unfair methods of competition and unfair or deceptive acts or
practices in the conduct of any trade or commerce are unlawful.
(b) In construing this section, the courts and the office of
consumer protection shall give due consideration to the rules, regulations, and
decisions of the Federal Trade Commission and the federal courts interpreting
section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)), as from time to time amended.
(c) No showing that the proceeding or suit would be in the public
interest (as these terms are interpreted under section 5(b) of the Federal
Trade Commission Act) is necessary in any action brought under this section.
(d) No person other than a consumer, the attorney general or the
director of the office of consumer protection may bring an action based upon
unfair or deceptive acts or practices declared unlawful by this section.
(e) Any person may bring an action based on unfair methods of
competition declared unlawful by this section.
(History. L 1965, c 129, pt of § 1; Supp, § 205A-1.1; HRS § 480-2;
am L 1987, c 274, § 2; am L 1988, c 51, § 1; am L 2002, c 229, § 2)
Case Law
I identified no significant cases construing the act.