REPORT TITLE:
Relating to Consumer
Protection


DESCRIPTION:
Amends ambiguous sections in Chapter 480, Hawaii Revised
Statutes, relating to damages in antitrust actions, including
actions involving the State as parens patriae, and relating to
consent decrees.


 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        365
THE SENATE                              S.B. NO.           S.D. 1
TWENTIETH LEGISLATURE, 1999                                H.D. 1
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO CONSUMER PROTECTION.



BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

 1      SECTION 1.  Section 480-13, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (a) to read as follows:
 
 3      "(a)  Except as provided in subsections (b) and (c), any
 
 4 person who is injured in the person's business or property by
 
 5 reason of anything forbidden or declared unlawful by this
 
 6 chapter:
 
 7      (1)  May sue for damages sustained by the person, and, if
 
 8           the judgment is for the plaintiff, the plaintiff shall
 
 9           be awarded a sum not less than $1,000 or threefold
 
10           damages by the plaintiff sustained, whichever sum is
 
11           the greater, and reasonable attorneys fees together
 
12           with the costs of suit; provided that indirect
 
13           purchasers injured by an illegal overcharge shall
 
14           recover only threefold compensatory damages, and
 
15           reasonable attorneys fees together with the costs of
 
16           suit; and
 
17      (2)  May bring proceedings to enjoin the unlawful practices,
 
18           and if the decree is for the plaintiff, the plaintiff
 
19           shall be awarded reasonable attorneys fees together
 
20           with the cost of suit."
 

 
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 1      SECTION 2.  Section 480-14, Hawaii Revised Statutes, is
 
 2 amended by amending subsection (c) to read as follows:
 
 3      "(c)  No person other than the attorney general of the State
 
 4 shall be authorized to bring a class action for indirect
 
 5 purchasers asserting claims under this chapter.  The attorney
 
 6 general or the director of the office of consumer protection may
 
 7 bring a class action on behalf of consumers based on unfair or
 
 8 deceptive acts or practices declared unlawful by section 480-2.
 
 9 Actions brought under this section shall be brought as parens
 
10 patriae on behalf of natural persons residing in the State, to
 
11 secure threefold compensatory damages for injuries sustained by
 
12 such natural persons to their property by reason of any violation
 
13 of this chapter."
 
14      SECTION 3.  Section 480-22, Hawaii Revised Statutes, is
 
15 amended by amending subsection (a) to read as follows:
 
16      "(a)  A final judgment or decree rendered in any civil or
 
17 criminal proceeding brought by the State under this chapter shall
 
18 be prima facie evidence against the defendant in any action or
 
19 proceeding brought by any other party under this chapter, or by
 
20 the State, county, or city and county, under section 480-14,
 
21 against the defendant as to all matters respecting which the
 
22 judgment or decree would be an estoppel between the parties
 
23 thereto.  This section shall not apply to consent judgments or
 

 
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 1 decrees entered before any complaint has been filed; provided
 
 2 that when such a consent judgment or decree is filed, the
 
 3 attorney general shall set forth at the same time the alleged
 
 4 violations and reasons for entering into the consent judgment or
 
 5 decree.  No such consent judgment or decree which is entered
 
 6 before any complaint has been filed shall become final until
 
 7 sixty days from the filing of the consent judgment or decree or
 
 8 until the final determination of any exceptions filed, as
 
 9 hereinafter provided, whichever is later.  During the sixty-day
 
10 period any interested party covered under section 480-13 may file
 
11 verified exceptions to the form and substance of the consent
 
12 judgment or decree, and the court, upon a full hearing thereon
 
13 may approve, refuse to [enter,] approve, or may modify the
 
14 consent judgment or decree."
 
15      SECTION 4.  Statutory material to be repealed is bracketed.
 
16 New statutory material is underscored.
 
17      SECTION 5.  This Act shall take effect                    .