Hawaii: consumer-protection statute

Private right of action

Whether a person may bring a civil action under the statute.

Yes - a consumer injured by an unfair or deceptive act or practice may sue for damages and injunctive relief

§480-13

Any consumer who is injured by any unfair or deceptive act or practice forbidden or declared unlawful by section 480-2: (1) May sue for damages sustained by the consumer

Actual damages

Recovery for the loss a person actually suffered.

Damages sustained by the consumer; compensatory damages

§480-13

May sue for damages sustained by the consumer

Statutory minimum damages

A stated minimum or fixed amount of damages.

$1,000 (or $5,000 alternative for elder plaintiffs)

§480-13

the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater

Multiple or punitive damages

Damages multiplied or increased to punish unlawful conduct.

the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater

§480-13

the plaintiff shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater

Attorney fees

Rules for recovering the cost of legal representation.

Reasonable attorney's fees together with costs of suit awarded to prevailing plaintiff

§480-13

and reasonable attorney's fees together with the costs of suit

Notice or demand before suit

Notice or a demand that must be sent before bringing an action.

Not found in the statute text reviewed

Class action limits

Restrictions on bringing claims on behalf of a class.

Minimum $1,000 recovery does not apply in class actions; apportionment and anti-duplication provisions apply

§480-13

The minimum $1,000 recovery provided in subsections (a) and (b) shall not apply in a class action or a de facto class action lawsuit

FTC interpretation clause

Directions to consider FTC or federal interpretations when applying the statute.

Courts and office of consumer protection shall give due consideration to FTC rules, regulations, and decisions and federal court interpretations of FTC Act §5(a)(1)

§480-2

the courts and the office of consumer protection shall give due consideration to the rules, regulations, and decisions of the Federal Trade Commission

Time limit for a claim

The period in which an action must be brought.

may be tolled under equitable tolling doctrine of fraudulent concealment

480-24

Statute of limitations on a claim under this chapter may be tolled under the equitable tolling doctrine of fraudulent concealment.

Injunctive relief

Court orders requiring conduct to stop or change.

Consumer may bring proceedings to enjoin the unlawful practices

§480-13

May bring proceedings to enjoin the unlawful practices

Attorney general civil penalties

Civil monetary penalties sought by the attorney general.

up to $10,000 for each violation

480-3.1

attorney general sought penalties of up to $10,000 for each violation of the unfair or deceptive acts or practices law