HI-Hawaii

Hawaii

HI ST § 481B-12

§ 481B-12 Credit repair organizations.

HAWAII REVISED STATUTES ANNOTATED

DIVISION 2. BUSINESS.

TITLE 26. TRADE REGULATION AND PRACTICE.

CHAPTER 481B. UNFAIR AND DECEPTIVE PRACTICES.

PART I. MISCELLANEOUS PROVISIONS.

§ 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

HI ST § 480-2

§ 480-2 Unfair competition, practices, declared unlawful.

HRS § 480-2

HAWAII REVISED STATUTES ANNOTATED

DIVISION 2. BUSINESS.

TITLE 26. TRADE REGULATION AND PRACTICE.

CHAPTER 480. MONOPOLIES; RESTRAINT OF TRADE.

PART I. ANTITRUST PROVISIONS.

§ 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)