|State||2013 Statute Number||2013 Statute Language|
|Hawaii||Haw. Rev. Stat. § 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.
|Hawaii||Haw. Rev. Stat. § 328-19.1 |
Consumer commodities; labeling; packaging.
|(a) All labels of consumer commodities, as defined by this part, shall conform with the requirements for the declaration of net quantity of contents of section 4 of the Fair Packaging and Labeling Act (15 U.S.C. 1451, et seq.) and the regulations promulgated pursuant thereto; provided that consumer commodities exempted from such requirements of section 4 of the Fair Packaging and Labeling Act shall also be exempt from this subsection. |
(b) The label of any package of a consumer commodity which bears a representation as to the number of servings of such commodity contained in such package shall bear a statement of the net quantity (in terms of weight, measure, or numerical count) of each such serving.
(c) No person shall distribute or cause to be distributed in commerce any packaged consumer commodity if any qualifying words or phrases appear in conjunction with the separate statement of the net quantity of contents required by subsection (a), but nothing in this section shall prohibit supplemental statements, at other places on the package, describing in nondeceptive terms the net quantity of contents; provided that such supplemental statements of net quantity of contents shall not include any term qualifying a unit of weight, measure, or count that tends to exaggerate the amount of the commodity contained in the package.
(d) Wherever the director determines that regulations containing prohibitions or requirements other than those prescribed by subsection (a) of this section are necessary to prevent the deception of consumers or to facilitate value comparisons as to any consumer commodity, the director shall promulgate with respect to that commodity regulations effective to:
(1) Establish and define standards for the characterization of the size of a package enclosing any consumer commodity, which may be used to supplement the label statement of net quantity of contents of packages containing such commodity but this paragraph shall not be construed as authorizing any limitation on the size, shape, weight, dimensions, or number of packages which may be used to enclose any commodity;
(2) Regulate the placement upon any package containing any commodity, or upon any label affixed to such commodity, of any printed matter stating or representing by implication that such commodity is offered for retail sale at a price lower than the ordinary and customary retail sale price or that a retail sale price advantage is accorded to purchasers thereof by reason of the size of that package or the quantity of its contents;
(3) Require that the label on each package of a consumer commodity bear (A) the common or usual name of such consumer commodity, if any, and (B) in case such consumer commodity consists of two or more ingredients, the common or usual name of each such ingredient listed in order of decreasing predominance, but nothing in this paragraph shall be deemed to require that any trade secret be divulged; or
(4) Prevent the nonfunctional slack-fill of packages containing consumer commodities.
For the purposes of clause (4) of this subsection, a package shall be deemed to be nonfunctionally slack-filled if it is filled to substantially less than its capacity for reasons other than (A) protection of the contents of such package or (B) the requirements of machines used for enclosing the contents in such packages.
|Hawaii||Haw. Rev. Stat. § 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 section for: |
(1) Nonpayment by the consumer for the vehicle protection product;
(2) A material misrepresentation by the consumer to the seller or warrantor;
(3) Fraud by the consumer; or
(4) A substantial breach of duties by the consumer relating to the warranty.
(b) A warrantor shall mail written notice of cancellation to the consumer at the last address of the consumer contained in the records of the warrantor at least thirty days prior to the effective date of the cancellation. The notice shall state the effective date of the cancellation and the reason for the cancellation.
|Hawaii||Haw. Rev. Stat. § 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 liable for violations of this chapter committed by the designee. |
(b) A vehicle protection product may not be issued, sold, or offered for sale in this State unless at the time of purchase the warrantor provides to the consumer:
(1) A copy of the vehicle protection product warranty; or
(2) A receipt for, or other written evidence of, the purchase of the vehicle protection product.
(c) A warrantor who complies with subsection (b)(2), within thirty days after the date of purchase, shall provide to the consumer a copy of the vehicle protection product warranty.
(d) A warrantor shall indemnify a seller who pays or is obligated to pay a consumer any money the warrantor is obligated to pay under the terms of the vehicle protection product warranty, including damages, reasonable attorney's fees, and costs.
|Hawaii||Haw. Rev. Stat. § 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 431:7-101. A person who sells or solicits a vehicle protection product, but who is not a warrantor, shall not be required to register with the commissioner as a warrantor.|
(b) Warrantor registration records shall be updated annually and shall contain the following information:
(1) The address of the principal office of the warrantor;
(2) The name and address of the warrantor's agent for the service of process in this State if other than the warrantor;
(3) The identities of the warrantor's executive officer or officers directly responsible for the warrantor's vehicle protection product business;
(4) The name, address, and telephone number of any administrators designated by the warrantor to be responsible for the administration of vehicle protection product warranties in this State;
(5) A copy of each warranty form the warrantor proposes to use in this State; and
(6) A statement that the warrantor is in compliance with the financial security requirements of section 481R-5 and that details how the warrantor intends to meet the requirements, and proof of compliance with the requirements.
(c) The marketing, selling, offering for sale, issuing, making, proposing to make, and administering of vehicle protection products shall be exempt from:
(1) Chapter 481X; and
(2) The insurance laws of this State.
(d) The following contracts and agreements shall be exempt from this chapter and shall only be subject to other statutes and laws that specifically apply to them:
(1) Warranties or guarantees, other than those provided as part of a vehicle protection product; and
(2) Service contracts regulated by chapter 481X.
(e) A seller shall not be deemed to be a warrantor unless, in addition to acting as a seller, the person is named under the terms of a vehicle protection product warranty as the contractual obligor to the consumer.
|Hawaii||Haw. Rev. Stat. § 328-6 |
|The following acts and the causing thereof within the State by any person are prohibited:|
(1) The manufacture, sale, delivery, holding, or offering for sale of any food, drug, device, or cosmetic that is adulterated or misbranded;
(2) The adulteration or misbranding of any food, drug, device, or cosmetic;
(3) The receipt in commerce of any food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery thereof for pay or otherwise;
(4) The sale, delivery for sale, holding for sale, or offering for sale of any article in violation of section 328-11, 328-12, or 328-17;
(5) The dissemination of any false advertisement;
(6) The refusal to permit entry or inspection, or to permit the taking of a sample, as authorized by sections 328-22 and 328-23 to 328-27, or to permit access to or copying of any record as authorized by section 328-23;
(7) The giving of a guaranty or undertaking which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the State from whom the person received in good faith the food, drug, device, or cosmetic;
(8) The removal or disposal of a detained or embargoed article in violation of sections 328-25 to 328-27;
(9) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the labeling of, or the doing of any other act with respect to a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article being adulterated or misbranded;
(10) Forging, counterfeiting, simulating, or falsely representing, or without proper authority using any mark, stamp, tag, label, or other identification device authorized or required by rules adopted under this part or regulations adopted under the Federal Act;
(11) The use, on the labeling of any drug or in any advertisement relating to the drug, of any representation or suggestion that an application with respect to the drug is effective under section 328-17, or that the drug complies with that section;
(12) The use by any person to the person's own advantage, or revealing other than to the department of health or to the courts when relevant in any judicial proceeding under this part, any information acquired under authority of section 328-11, 328-12, 328-17, or 328-23, concerning any method or process which as a trade secret is entitled to protection;
(13) In the case of a prescription drug distributed or offered for sale in this State, the failure of the manufacturer, packer, or distributor thereof to maintain for transmittal, or to transmit, to any practitioner who makes written request for information as to the drug, true and correct copies of all printed matter which is required to be included in any package in which that drug is distributed or sold, or such other printed matter as is approved under the Federal Act. Nothing in this paragraph shall be construed to exempt any person from any labeling requirement imposed by or under other provisions of this part;
(14) (A) Placing or causing to be placed upon any drug or device or container thereof, with intent to defraud, the trade name or other identifying mark, or imprint of another or any likeness of any of the foregoing; or
(B) Selling, dispensing, disposing of, or causing to be sold, dispensed, or disposed of, or concealing or keeping in possession, control, or custody, with intent to sell, dispense, or dispose of, any drug, device, or any container thereof, with knowledge that the trade name or other identifying mark or imprint of another or any likeness of any of the foregoing has been placed thereon in a manner prohibited by subparagraph (A); or
(C) Making, selling, disposing of, or causing to be made, sold, or disposed of, or keeping in possession, control, or custody, or concealing, with intent to defraud, any punch, die, plate, or other thing designed to print, imprint, or reproduce that trade name or other identifying mark or imprint of another or any likeness of any of the foregoing upon any drug, device, or container thereof;
(15) Except as provided in part VI and section 461-1, dispensing or causing to be dispensed a different drug or brand of drug in place of the drug or brand of drug ordered or prescribed without express permission in each case of the person ordering or prescribing;
(16) The distribution in commerce of a consumer commodity as defined in this part, if such commodity is contained in a package, or if there is affixed to that commodity a label, which does not conform to this part and of rules adopted under authority of this part; provided that this prohibition shall not apply to persons engaged in business as wholesale or retail distributors of consumer commodities except to the extent that such persons:
(A) Are engaged in the packaging or labeling of such commodities; or
(B) Prescribe or specify by any means the manner in which such commodities are packaged or labeled;
(17) The selling or dispensing in restaurants, soda fountains, drive-ins, lunch wagons, or similar public eating establishments of imitation milk and imitation milk products in place of fresh milk and fresh milk products respectively; of liquid or dry products which simulate cream but do not comply with content requirements for cream in place of cream; of non-dairy frozen desserts which do not comply with content requirements for dairy frozen desserts in place of dairy frozen desserts; and of any other imitation food or one made in semblance of a genuine food in place of such genuine food, unless the consumer is notified by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements informing of such substitution, to include but not limited to the substitution of imitation milk in milk shake and malted milk drinks;
(18) Wilfully and falsely representing or using any devices, substances, methods, or treatment as effective in the diagnosis, cure, mitigation, treatment, or alleviation of cancer. This paragraph shall not apply to any person who depends exclusively upon prayer for healing in accordance with teachings of a bona fide religious sect, denomination, or organization, nor to a person who practices such teachings;
(19) The selling or offering for sale at any food facility which serves or sells over the counter directly to the consumer an unlabeled or unpackaged food that is a confectionery which contains alcohol in excess of one-half of one per cent by weight unless the consumer is notified of that fact by either proper labeling or conspicuous posted signs or conspicuous notices on menu cards and advertisements;
(20) The sale to a person below the age of twenty-one years of any food which is a confectionery which contains alcohol in excess of one-half of one per cent by weight.
(21) The sale, delivery for sale, holding for sale, or offering for sale of any dietary supplement that does not conform to the federal good manufacturing practices for dietary supplements.
|Hawaii||Haw. Rev. Stat. § 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:|
(1) The insurer that issued the policy shall reimburse or pay on behalf of the warrantor any covered amounts the warrantor is legally obligated to pay or shall provide the service that the warrantor is legally obligated to perform according to the warrantor's obligations under the insured vehicle protection product issued or sold by the warrantor; and
(2) If the covered amounts are not paid or the covered service is not provided by the warrantor to a consumer before the sixty-first day after the date the consumer provides proof of loss, payment shall be made or the service shall be provided directly from the reimbursement insurer to the consumer.
(b) An insurer who issues a reimbursement insurance policy under this chapter may not cancel the policy until the insurer delivers to the warrantor a written notice of cancellation that complies with the requirements adopted for those notices under the insurance laws of this State.
The warrantor shall forward a copy of the cancellation notice to the commissioner not later than the fifteenth business day after the date the notice is delivered to the warrantor.
(c) The cancellation of a reimbursement insurance policy shall not reduce the insurer's responsibility for vehicle protection products issued by the warrantor and insured under the policy before the date of the cancellation.
(d) For purposes of this section, a warrantor shall be considered to be the representative of the insurer who issues the reimbursement insurance policy for purposes of obligating the insurer to consumers in accordance with the vehicle protection product and this chapter.
|Hawaii||Haw. Rev. Stat. § 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:|
(1) A copy of the warranty for each unique form of vehicle protection product sold;
(2) The name and address of each consumer;
(3) A list of the locations where the warrantor's vehicle protection products are marketed, sold, or offered for sale; and
(4) Files that contain at least the dates and descriptions of payments to consumers related to the vehicle protection product.
(b) Except as provided by subsection (d), each warrantor shall retain all records required under subsection (a) until at least the first anniversary of the expiration date of the obligations under the vehicle protection product warranty.
(c) The records required to be maintained under this section may be maintained in an electronic medium pursuant to section 489E-12. If a record is maintained in a format other than paper, the warrantor shall reformat the record into a legible paper copy at the request of the department.
(d) A warrantor who discontinues business in this State shall maintain the warrantor's records until ten years after the date of the last sale of a covered motor vehicle protection product.
|Hawaii||Haw. Rev. Stat. § 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 the loss of or damage to the vehicle.|
(b) A vehicle protection product which includes the application of a serial number or identification mark to a component or part of the vehicle shall include the vehicle identification number of the vehicle to which the product is applied. This chapter shall not apply to such a product if the product does not include the respective vehicle identification number.
(c) Loss of or damage to the vehicle under subsection (a) may also include unreimbursed incidental expenses that may be incurred by the consumer, including expenses for a replacement vehicle, temporary vehicle rental expenses, and registration expenses for replacement vehicles.
|Hawaii||Haw. Rev. Stat. § 487-1 |
|The public health, welfare and interest require a strong and effective consumer protection program to protect the interests of both the consumer public and the legitimate business person. Toward this end, a permanent office of consumer protection is created to coordinate the services offered to the consumer by various state and county agencies, together with private organizations, and to aid in the development of preventive and remedial programs affecting the interest of the consumer public.|
|Hawaii||Haw. Rev. Stat. § 487-2 |
Office of consumer protection; director
|There is created within the department of commerce and consumer affairs an office of consumer protection. The director of commerce and consumer affairs shall be the director of the office of consumer protection and may appoint an executive director of the office of consumer protection. The executive director shall have been admitted to practice law before the supreme court of this State and shall be exempt from chapter 76.|
|Hawaii||Haw. Rev. Stat. § 487-3|
|(a) The director may appoint as staff members persons who have been admitted to practice law before the supreme court of this State without regard to chapter 76. All other employees shall be appointed by the director in accordance with chapter 76.|
(b) The director may, by contract, retain the services of special consumer protection attorneys for the prosecution of consumer-related matters. The special consumer protection attorneys shall serve at the pleasure of the director. At the option of the director, special consumer protection attorneys may be compensated on a fixed-price basis, an hourly rate basis, with or without a fixed cap, or through a contingent fee arrangement to be specified in the contract and payable out of all sums the special consumer protection attorney recovers for the State by judgment, order, assurance of voluntary compliance, or settlement.
|Hawaii||Haw. Rev. Stat. § 487-5|
General functions, powers, and duties.
|The director of the office of consumer protection is designated the consumer counsel for the State and shall represent and protect the State, the respective counties, and the general public as consumers. The director of the office of consumer protection shall have the following functions, powers, and duties:|
(1) Coordinate the consumer protection activities of all departments, divisions, and branches of state government, and of branches of the county government concerned with consumer protection;
(2) Assist, advise, and cooperate with federal, state, and local agencies and officials to protect and promote the interests of the consumer public;
(3) Conduct investigations, research, studies, and analysis of matters and take appropriate action affecting the interests of consumers;
(4) Study the operation of laws affecting consumers and recommend to the governor and the legislature, new laws and amendments of laws in the consumers' interest;
(5) Adopt, amend, or repeal rules pursuant to chapter 91 necessary for the purposes of this chapter, including rules which define with specificity acts or practices which are unfair or deceptive acts or practices in the conduct of any trade or commerce;
(6) Investigate reported or suspected violations of laws enacted and rules adopted for the purpose of consumer protection and shall enforce such laws and rules by bringing civil actions or proceedings;
(7) Organize and hold conferences on problems affecting consumers; and undertake activities to encourage business and industry to maintain high standards of honesty, fair business practices, and public responsibility in the production, promotion, and sale of consumer goods and services;
(8) Provide a central clearinghouse of information by collecting and compiling all consumer complaints and inquiries and making the collections and compilations available to the general public; provided that consumer complaints may not be made available to the general public if the office of consumer protection is conducting an investigation or review of the complaints, or if the complaints are being used in connection with civil actions or proceedings initiated by the office of consumer protection, or if the complaints have been referred to another state agency;
(9) Appear before governmental commissions, departments, and agencies to represent and be heard on behalf of consumers' interest;
(10) Contract with other county, state, or federal governmental agencies, with nonprofit social services societies, or with private nonprofit trade, professional, or business organizations for the performance of any of the functions of the office not involving the enforcement of rules for the purpose of consumer protection under this section, within the budget limitations for any period not exceeding a budget year, provided that the purposes and policies of this chapter are in no way diluted, abridged, misdirected, or destroyed; and
(11) Perform such other acts as may be incidental to the exercise of the functions, powers, and duties set forth in this section, including but not limited to, compensation of witnesses in such amounts and for such purposes as shall be prescribed by rules.
|Hawaii||Haw. Rev. Stat. § 487-6|
Consumer advisory council.
|There shall be a consumer advisory council consisting of eleven members who shall be appointed by the governor and serve at the governor's pleasure. There shall be at least one member from each of the counties of the State. The chairperson of the council shall be selected by the members. Each member shall serve without pay and shall be reimbursed for necessary expenses incurred while attending meetings and while in the discharge of the member's responsibilities. The council shall assist the office of consumer protection and the director of commerce and consumer affairs in an advisory capacity in carrying out the duties and functions of the office.|
|Hawaii||Haw. Rev. Stat. § 487-13|
Unlicensed acts; penalties.
|(a) Any person who furnishes commodities or services for which a license, registration, or certificate is required from the department of commerce and consumer affairs or any board or commission thereunder without having such license, registration, or certificate is engaged in an unlawful act or practice and shall be subject to the penalty provided in subsection (b).|
(b) Any person who engages in an unlawful act or practice as provided in subsection (a) shall be fined by a sum not less than $500 nor more than $2,500 for each unlawful act or practice, which sum shall be collected in a civil suit brought by the office of consumer protection or the department of commerce and consumer affairs.
(c) Any contract for the furnishing of commodities or services by an unlicensed, unregistered, or uncertificated person shall be void and shall prevent such person from recovering the contract price or the reasonable value thereof.
|Hawaii||Haw. Rev. Stat. § 487-14|
|(a) In any action brought by the director of the office of consumer protection, the court may include in its orders or judgments such provisions as may be necessary to effect restitution. Any person in whose favor restitution is ordered need not accept restitution, but the person's acceptance and full performance of restitution shall bar recovery by the person of any other damages in any action on account of the same acts or practices against the person making restitution.|
(b) Whenever a corporation is ordered to pay restitution under subsection (a), the court hearing the action may include in its orders or judgments that the corporation and the individual directors, officers, or agents of the corporation who authorized, ordered, or had done, or participated in any of the unlawful acts and practices which caused, in whole or in part, injuries to any person, are jointly and severally liable for the payment of restitution.
(c) Whenever a domestic or foreign limited liability company is ordered to pay restitution under subsection (a), the court hearing the action may include in its orders or judgments that the limited liability company and the individual members, managers, or agents of the limited liability company who authorized, ordered, had done, or participated in any of the unlawful acts and practices that caused, in whole or in part, injuries to any person, are jointly and severally liable for the payment of restitution.
(d) The office of consumer protection may establish and maintain an account for purposes of holding and disbursing moneys received or recovered by it and which are due consumers as restitution.
(e) The director of the office of consumer protection may assign to a consumer for collection that portion of any judgment awarding restitution to that consumer.
(f) If a person commits a violation of section 480-2 which is directed toward, targets, or injures an elder, the court, in addition to the restitution authorized by [subsection] (a), may award the elder an additional sum up to but not to exceed the amount of restitution ordered in subsection (a). In determining the amount, if any, of an award under this subsection, the court shall consider the factors set forth in section 480-13.5.
|Hawaii||Haw. Rev. Stat. § 487-15|
|The director of commerce and consumer affairs or the office of consumer protection may bring civil proceedings to enjoin any violation of section 487-13(a) or any other unlawful act or practice affecting consumers, trade, or commerce.|
|Hawaii||Haw. Rev. Stat. § 487A-1|
Plain language in consumer transactions.
|(a) Every written agreement entered into on or after July 1, 1981:|
(1) To which a consumer is a party, which involves less than $25,000, and which is the subject of a transaction for personal, family, or household purpose; or
(2) Which is a lease of space to be occupied for residential purposes for a term not exceeding five years;
shall be written in a clear and coherent manner using words with common and everyday meanings, and appropriately divided and captioned by its various sections.
(b) Any creditor, seller, or lessor who fails to comply with this chapter shall be liable in an amount equal to any actual damages sustained by a suing party or a class in a class action, plus a penalty of $50. The total class action penalty against any creditor, seller, or lessor shall not exceed $10,000 in any class action or series of class actions arising out of the use by a creditor, seller, or lessor of an agreement which fails to comply with this chapter. No right of recovery shall exist for any class by way of a class action, pursuant to this section, on any written agreement executed prior to July 1, 1986.
(c) No action under this chapter may be brought after both parties to the agreement have fully performed their obligations under such agreement, nor shall any creditor, seller, or lessor who attempts in good faith to comply with this chapter be liable for such penalties.
(d) The provisions of this chapter shall not apply:
(1) To wills or trusts other than land trusts created under the Land Trust Act, chapter 558;
(2) To any document, which is not itself a written agreement subject to this chapter, by virtue of the document being referred to or incorporated within a written agreement which is subject to this chapter, provided that the document has an independent purpose of its own;
(3) To a legal description of real property; or
(4) To words or phrases or form of agreement required, authorized, or approved by state or federal law, rule, regulation, governmental agency, or instrumentality.
(e) A written agreement involves less than $25,000 if it provides for:
(1) The sale of property in which the full sales price including any debt assumed is less than $25,000;
(2) Services and the total payments are less than $25,000 over the term of the agreement, or if no term is specified, within one year from the date of the agreement;
(3) A loan or advance of credit which is of a principal amount less than $25,000;
(4) A lease for which the total rent to be paid during the term of the lease, not including any option or extension periods, is less than $25,000. In computing the total rent to be paid, the highest amount of fixed rent shall be assumed to apply during any period in the term for which the rent is not fixed; or
(5) Any two or more of the above transactions and the total amount of the price, payments, principal, and rent provided for in the agreement is less than $25,000.
|Hawaii||Haw. Rev. Stat. § 487D-2|
Retail merchant club cards; requirements.
|(a) No club card issuer shall request in a club card application, or require as a condition of obtaining a club card, that the applicant provide any personal information except name, address, and telephone number. If the club card issuer requires a unique identifier to confirm the identity of the applicant, the club card issuer may ask for the last four digits of the applicant's social security number.|
(b) No club card issuer may sell or share a cardholder’s name, address, telephone number, or any personal information to any unaffiliated third party except as permitted in this subsection. A club card issuer may share cardholder information for marketing purposes if the club card issuer complies with all the following:
(1) The club card issuer charges an annual fee for the club card and requires the cardholder to renew the club card annually;
(2) The club card issuer allows only cardholders to make purchases and not members of the general public;
(3) The club card issuer provides a written statement to the cardholder upon payment of the annual fee that notifies the cardholder that:
(A) The cardholder information may be shared with other businesses for purposes of marketing information;
(B) Payment of the annual fee means the cardholder has agreed to allow the club card issuer to share cardholder information; and
(C) The cardholder may choose to opt-out from the sharing of cardholder information; and
(4) The club card issuer obtains a written confidentiality agreement from the unaffiliated third party that the shared information will not be transferred to any other entity.
(c) The restrictions of subsection (a) shall not apply when the club card application form is used for the dual purpose of club card membership and establishing privileges for check cashing, check verification, or as a credit application; provided that no club card issuer shall require as a condition of obtaining a club card that the cardholder obtain the club card as an identification card for purposes of check cashing or credit.
(d) Nothing in this section prohibits a club card issuer from including on its club card application form a credit application to a designated credit card company and transmitting the credit application to the credit card company, provided that:
(1) The credit application form is separately identified as an option on the club card application form; and
(2) The credit application clearly discloses that the cardholder is applying for credit with the designated credit card company.
|Hawaii||Haw. Rev. Stat. § 487J-1|
|Definitions. As used in this chapter:|
"Affiliated" means businesses or persons who have contractual arrangements with, or are subject to the control of, the pharmacy benefit manager.
"Business" means a sole proprietorship, partnership, limited partnership, corporation, limited liability company, association, or any other form of business entity. The term also includes a financial institution organized, chartered, or holding a license or authorization certificate under the laws of this State, any other state, the United States, or any other country, or the parent or the subsidiary of any such financial institution. The term also includes an entity whose business is records destruction.
"Employee benefit plan" means any plan as defined in title 29 United States Code section 1002(3), as amended.
"Government agency" means any department, division, board, commission, public corporation, or other agency or instrumentality of the State or of any county.
"Health benefits plan" has the same meaning as in section 87A-1.
"Health information" has the same meaning as in 45 Code of Federal Regulations section 160.103, as may be amended.
"Managed care plan" has the same meaning as in section 432E-1.
"Marketing" means making a communication about a product or service that encourages a recipient of the communication to purchase or use the product or service.
"Personal information" has the same meaning as in section 487N-1.
"Redacted" means the rendering of data so that it is unreadable or is truncated so that no more than the last four digits of the identification number are accessible as part of the data.
"Pharmacy benefit manager" means any person, business, or entity that performs pharmacy benefit management, including but not limited to a person or entity under contract with a pharmacy benefit manager to perform pharmacy benefit management on behalf of a managed care company, nonprofit hospital or medical service organization, insurance company, third-party payor, or health program administered by the State.
"Scan" or "scanning" means to access the machine-readable zone of an individual's Hawaii identification card or driver's license with an electronic device capable of deciphering, in an electronically readable format, information electronically encoded on an individual's Hawaii identification card or driver's license.
|Hawaii||Haw. Rev. Stat. § 487J-2|
Social security number protection.
|(a) Except as otherwise provided in subsection (b), a business or government agency may not do any of the following:|
(1) Intentionally communicate or otherwise make available to the general public an individual's entire social security number;
(2) Intentionally print or imbed an individual's entire social security number on any card required for the individual to access products or services provided by the business or government agency;
(3) Require an individual to transmit the individual's entire social security number over the Internet, unless the connection is secure or the social security number is encrypted. For purposes of this paragraph, "encrypted" means that an algorithmic process has been used to transform data into a form in which the data is rendered unreadable or unusable without the use of a confidential process or key;
(4) Require an individual to use the individual's entire social security number to access an internet website, unless a password or unique personal identification number or other authentication device is also required to access the internet website; or
(5) Print an individual's entire social security number on any materials that are mailed to the individual, unless the materials are employer-to-employee communications, or where specifically requested by the individual.
(b) Subsection (a) shall not apply to:
(1) The inclusion of a social security number in documents that are mailed and:
(A) Are specifically requested by the individual identified by the social security number;
(B) Required by state or federal law to be on the document to be mailed;
(C) Required as part of an application or enrollment process;
(D) Used to establish, amend, or terminate an account, contract, or policy; or
(E) Used to confirm the accuracy of the social security number for the purpose of obtaining a credit report pursuant to 15 U.S.C. section 1681(b).
A social security number that is permitted to be mailed under this paragraph may not be printed, in whole or in part, on a postcard or other mailer not requiring an envelope, or visible on the envelope or without the envelope having been opened;
(2) The opening of an account or the provision of or payment for a product or service authorized by an individual;
(3) The collection, use, or release of a social security number to investigate or prevent fraud; conduct background checks; conduct social or scientific research; collect a debt; obtain a credit report from or furnish data to a consumer reporting agency pursuant to the Fair Credit Reporting Act, 15 U.S.C. sections 1681 to 1681x, as amended; undertake a permissible purpose enumerated under the federal Gramm Leach Bliley Act, 15 U.S.C. sections 6801 to 6809, as amended; locate an individual who is missing or due a benefit, such as a pension, insurance, or unclaimed property benefit; or locate a lost relative;
(4) A business or government agency acting pursuant to a court order, warrant, subpoena, or when otherwise required by law;
(5) A business or government agency providing the social security number to a federal, state, or local government entity including a law enforcement agency or court, or their agents or assigns;
(6) The collection, use, or release of a social security number in the course of administering a claim, benefit, or procedure relating to an individual's employment, including an individual's termination from employment, retirement from employment, injuries suffered during the course of employment, and other related claims, benefits, or procedures;
(7) The collection, use, or release of a social security number as required by state or federal law;
(8) The sharing of the social security number by business affiliates;
(9) The use of a social security number for internal verification or administrative purposes;
(10) A social security number that has been redacted; and
(11) Documents or records that are recorded or required to be open to the public pursuant to the constitution or laws of the State or court rule or order.
(c) A business or government agency covered by this section shall make reasonable efforts to cooperate, through systems testing and other means, to ensure that the requirements of this chapter are complied with.
|Hawaii||Haw. Rev. Stat. § 487J-3|
Penalties; civil action.
|(a) Any business that violates any provision of this chapter shall be subject to penalties of not more than $2,500 for each violation. The attorney general or the executive director of the office of consumer protection may bring an action pursuant to this section. No such action may be brought against a government agency.|
(b) In addition to any penalty provided for in subsection (a), any business that violates any provision of this chapter shall be liable to the injured party in an amount equal to the sum of any actual damages sustained by the injured party as a result of the violation. The court in any action brought under this section may award reasonable attorneys' fees to the prevailing party. No such action may be brought against a government agency.
(c) The penalties provided in this section shall be cumulative to the remedies or penalties available under all other laws of this State.
|Hawaii||Haw. Rev. Stat. § 487J-4|
|A government agency shall submit a written report to the legislature within twenty days after the discovery of a material occurrence of a social security number disclosure by the government agency that is prohibited by this chapter. The report shall contain information relating to the nature of the incident, the number of individuals affected by the incident, and any procedures that have been implemented to prevent the incident from reoccurring. In the event that a law enforcement agency informs the government agency that the report may impede a criminal investigation or jeopardize national security, the report to the legislature may be delayed until twenty days after the law enforcement agency has determined that the report will no longer impede the investigation or jeopardize national security.|
|Hawaii||Haw. Rev. Stat. § 487J-5|
Policy and oversight responsibility.
|(a) By September 1, 2009, each government agency shall designate an agency employee to have policy and oversight responsibilities for the protection of personal information.|
(b) The designated agency employee shall:
(1) Ensure and coordinate agency compliance with this chapter, chapter 487N, and chapter 487R;
(2) Assist individuals who have identity theft and other privacy-related concerns;
(3) Provide education and information to agency staff on privacy and security issues;
(4) Coordinate with state, county, and federal law enforcement agencies on identity theft investigations; and
(5) Recommend policies and practices to protect individual privacy rights relating to the individual's personal information.
|Hawaii||Haw. Rev. Stat. § 487J-6|
Unlawful use of identification card or driver's license.
|(a) No business may scan the machine-readable zone of an individual's identification card or driver's license, except for the following purposes:|
(1) To verify authenticity of the identification card or driver's license or to verify the identity of the individual if the individual pays for goods or services with a method other than cash, returns an item, or requests a refund or an exchange;
(2) To verify the individual's age when providing age-restricted goods or services to the individual if there is a reasonable doubt of the individual having reached the minimum age required for purchasing the age-restricted goods or services;
(3) To prevent fraud or other criminal activity if the individual returns an item or requests a refund or an exchange and the business uses a fraud prevention service company or system. Information collected by scanning an individual's identification card or driver's license pursuant to this subsection shall be limited to the following information from the individual:
(C) Date of birth; and
(D) Driver's license number or identification card number;
(4) To establish or maintain a contractual relationship. Information collected by scanning the individual's identification card or driver's license pursuant to this subsection shall be limited to the following information from the individual:
(C) Date of birth; and
(D) Driver's license number or identification card number;
(5) To record, retain, or transmit information as required by state or federal law;
(6) To transmit information to a consumer reporting agency, financial institution, or debt collector to be used as permitted by the federal Fair Credit Reporting Act, Gramm-Leach-Bliley Act, or the Fair Debt Collection Practices Act; and
(7) To record, retain, or transmit information by a covered entity governed by the medical privacy and security rules issued by the federal Department of Health and Human Services, parts 160 and 164 of title 45 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and Accountability Act of 1996.
(b) No business shall retain any information obtained pursuant to subsection (a), except as permitted in subsections (a)(3) through (7).
(c) No business shall sell or disseminate to a third party any information obtained under this section for any purpose, including marketing, advertising, or promotional activities, except as permitted in subsections (a)(3) through (7).
(d) A business covered under this section shall make reasonable efforts, through systems testing and other means, to ensure that the requirements of this chapter are met.
(e) Any waiver of a provision of this section is contrary to public policy and is void and unenforceable.
(f) For purposes of this section:
"Consumer reporting agency" shall have the same meaning as in the federal Fair Credit Reporting Act, title 15 United States Code section 1681a(f).
"Covered entity" shall have the same meaning as in the security rules issued by the federal Department of Health and Human Services, parts 160 and 164 of the Code of Federal Regulations, established pursuant to the Health Insurance Portability and [Accountability] Act of 1996.
"Debt collector" shall have the same meaning as in the federal Fair Debt Collection Practices Act, title 15 United States Code section 1692a.
"Financial institution" shall have the same meaning as in the federal Gramm-Leach-Bliley Act, title 15 United States Code section 6809.
|Hawaii||Haw. Rev. Stat. § 487J-7|
Pharmacy benefit managers; health information;
prohibited marketing practices.
|(a) A pharmacy benefit manager shall not:|
(1) Use an individual's health information, or share an individual's health information with any pharmacy affiliated with or owned, wholly or in part, by the pharmacy benefit manager, for the purpose of marketing, unless:
(A) Use of the individual's health information is medically necessary to the health and safety of the individual;
(B) Use of the individual's health information is consistent with regulations of the federal Centers for Medicare and Medicaid, if the plan is governed by those rules; or
(C) The individual has affirmatively opted in, in writing, to use of the information;
(2) Sell or disseminate such information unless the sale or dissemination complies with all federal and state laws and the pharmacy benefit manager has received written approval for such sale or dissemination from the employee benefit plan, health benefits plan, or managed care plan sponsor, and the individual; or
(3) Directly contact an individual by any means, including via electronic delivery, telephonic, SMS text, or direct mail, for the purposes of marketing pharmacy benefit manager-owned pharmacies without the express written permission of the employee benefit plan, health benefits plan, or managed care plan sponsor, and the individual, unless the employee benefit plan, health benefits plan, or managed care plan sponsor first determines that the contact is medically necessary to the health and safety of the individual.
(b) Nothing in this section shall prohibit the use of a patient's health information that is used in conjunction with an insurer-authorized program to more effectively use prescription drugs to improve the health and safety of the individual.
(c) A pharmacy benefit manager shall provide each individual with an opportunity to affirmatively opt in to the sale or dissemination of their health information prior to entering into any arrangement for the lease, rental, dissemination, or sale of such information to any other entity, or to any subsidiary owned, wholly or in part, by the pharmacy benefit manager; provided that an individual may freely revoke the affirmative opt in at any time.