REPORT TITLE:
Unfair or Deceptive Practices


DESCRIPTION:
Clarifies that consumer suits for unfair or deceptive acts or
practices also extend to unfair methods of competition.

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
                                                        2956
HOUSE OF REPRESENTATIVES                H.B. NO.           
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                   A  BILL  FOR  AN  ACT

RELATING TO UNFAIR OR DECEPTIVE ACTS OR PRACTICES.



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 (b) to read as follows:
 
 3      "(b)  Any consumer who is injured by any unfair or deceptive
 
 4 act or practice or any unfair method of competition forbidden or
 
 5 declared unlawful by section 480-2:
 
 6      (1)  May sue for damages sustained by the consumer and, if
 
 7           the judgment is for the plaintiff, the plaintiff shall
 
 8           be awarded a sum not less than $1,000 or threefold
 
 9           damages by the plaintiff sustained, whichever sum is
 
10           the greater, and reasonable attorneys' fees together
 
11           with the costs of suit; provided that where the
 
12           plaintiff is an elder, the plaintiff, in the
 
13           alternative, may be awarded a sum not less than $5,000
 
14           or threefold any damages sustained by the plaintiff,
 
15           whichever sum is the greater, and reasonable attorneys'
 
16           fees together with the costs of suit.  In determining
 
17           whether to adopt the $5,000 alternative amount in an
 
18           award to an elder, the court shall consider the factors
 
19           set forth in section 480-13.5; and
 

 
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                                     H.B. NO.           
                                                        
                                                        

 
 1      (2)  May bring proceedings to enjoin the unlawful practices,
 
 2           and if the decree is for the plaintiff, the plaintiff
 
 3           shall be awarded reasonable attorneys' fees together
 
 4           with the cost of suit."
 
 5      SECTION 2.  New statutory material is underscored.
 
 6      SECTION 3.  This Act shall take effect upon its approval.
 
 7 
 
 8                       INTRODUCED BY:  ___________________________