Haw. Rev. Stat. § 480-13
HRS § 480-13
Rules of Court
Injunctions, see HRCP rule 65.
Law Journals and Reviews
Updating Unfair or Deceptive Acts and Practices Under Chapter 480-2. 10 HBJ No. 13, at pg. 109.
Divestiture is not available remedy in private action.518 F.2d 913. Requires showing that suit in public interest; may be proven by knowledge of illegality.732 F.2d 1403. In action by physician relating to termination of hospital staff privileges, public interest favors hospital. 754 F.2d 1420. Public interest requirement not met by employer's negligent misrepresentation that it guaranteed employees full payment of their pensions.804 F.2d 1418. Section creates private right of action for violations of § 480-2.809 F.2d 626. Availability of laches, estoppel, and unclean hands as defenses in private antitrust action discussed. 296 F. Supp. 920. Past or impending anticompetitive behavior justifying injunctive relief was not shown. 491 F. Supp. 1199. Section 480-13 creates private right of action for violations of § 480-2. 491 F. Supp. 1199. Real estate transaction not a sale of goods or services, therefore defendants were not "merchants" within meaning of statute; there is insufficient public interest to bring a suit under this section where there is merely a sale of a hotel from one private party to another. 680 F. Supp. 1438. Plaintiffs' unfair or deceptive acts or practices claims dismissed; this section and § 480-2 do not provide a cause of action for personal injury claims. 100 F. Supp. 2d 1265. Plaintiff not entitled to summary judgment on plaintiff's claim under this section, as plaintiff failed to establish that plaintiff was actually damaged by defendant's failure to register as a debt collector. 183 F. Supp. 2d 1234. A municipality may be held liable under this chapter if its act is done "in the conduct of any trade or commerce", but is not subject to a treble damage penalty. 215 F. Supp. 2d 1098. Requisites of allegations for standing purposes.61 Haw. 607,607 P.2d 1304. Policy is to foster private actions even where acts do not culminate in injury to competition.63 Haw. 289,627 P.2d 260. As between common law fraud claim and chapter 480 claim, where election of remedies was not unequivocal and knowledgeable, plaintiff not estopped from recovering under statutory claim.80 Haw. 54,905 P.2d 29. Real estate or residences did not qualify as "goods" under § 480-1, but did qualify as "personal investments"; homebuyer thus had standing as "consumer" to bring claim under this section.80 Haw. 54,905 P.2d 29. Under subsection (b)(1), award of attorneys' fees are mandatory and comprise portion of the statutory recovery for purposes of calculating the "greater amount" of recovery.80 Haw. 54,905 P.2d 29. Where employee was not a "consumer" as defined under § 480-1, employee lacked standing to maintain private cause of action under this section against workers' compensation insurer based on alleged violation of § 480-2.83 Haw. 457,927 P.2d 858. Where employer was not a "consumer" as defined under § 480-1, employee could not maintain action under this section, based on employee's third party beneficiary status, against workers' compensation insurer for alleged violation of § 480-2.83 Haw. 457,927 P.2d 858. There is no private claim for relief under this section for unfair methods of competition in violation of § 480-2; private remedy is restricted to claims of unfair or deceptive acts or practices.91 Haw. 224,982 P.2d 853. Where appellants failed to adduce evidence of a causal connection between appellees' "anticompetitive" conduct and appellees' alleged monopoly power, trial court properly concluded that there was insufficient evidence to sustain appellants' attempt to monopolize claim under § 480-9; thus, as appellants failed to prove a violation of chapter 480, appellants had no standing to bring claim for relief under subsection (a).91 Haw. 224,982 P.2d 853. As subsection (b) enumerates the specific damages that a consumer may recover under this chapter and makes no provision for punitive damages, plaintiffs were precluded from seeking punitive damages under this chapter.98 Haw. 309,47 P.3d 1222. By the plain language of this chapter, no actual purchase is necessary as a prerequisite to a consumer recovering damages under this section, based on injuries stemming from violations of § 480-2.98 Haw. 309,47 P.3d 1222. Where plaintiff alleged that, as a result of defendant's unfair or deceptive practices, plaintiff was required to divert substantial resources and time to deal with its members' problems created by defendant's conduct--"resources that otherwise would go to support its principal mission in service of its members", plaintiff sufficiently alleged the "injury to business or property" element essential to recovery under this section.113 Haw. 77,148 P.3d 1179. Although plaintiffs were "consumers" within the meaning of § 480-1 and this section, plaintiffs' payment of their Hawaii medical services association (HMSA) lien to the Kentucky-based company that contracted with HMSA to provide subrogation and "claims recovery services", but which had violated § 443B-3 (collection agency registration requirements), did not constitute an injury for which plaintiffs could bring suit under subsection (b).117 Haw. 153,177 P.3d 341. Liability under section not limited to injuries to business; does not extend to personal injury actions. 1 H. App. 111, 615 P.2d 749. Damages for mental distress and suffering are not recoverable. 2 H. App. 301,632 P.2d 1071. Lender of domestic currency is not a "merchant". 2 H. App. 301,632 P.2d 1071. Essential elements for cause of action under this section. 2 H. App. 435, 634 P.2d 111. Legislature was aware that damages might be de minimus in a consumer action and specifically provided for the $1,000 award or triple damages to cover that possibility. 2 H. App. 435,634 P.2d 111. Does not supersede remedy for common law fraud; corporation's president was "merchant". 6 H. App. 125,712 P.2d 1148. Plaintiff suing store's commercial general liability insurer for injuries received in slip and fall was not "consumer" as defined in § 480-1, and therefore lacked standing to maintain private cause of action under this section.82 Haw. 363 (App.),922 P.2d 976. When litigant is entitled to treble damages under this section, trial court shall not award three times compensatory damages plus compensatory damages; proper measurement of treble damages is simply three times compensatory damages. 84 H. 162 (App.), 931 P.2d 604. In action by consumer under § 480-2, "unclean hands" of consumer not a defense to claim for damages under subsection (b)(1).86 Haw. 405 (App.),949 P.2d 1026. Though section does not provide for setoff in unfair and deceptive trade practice cases, under certain circumstances, such setoff allowable; court properly awarded defendant car dealer car's ten-day rental value and cost of repairs for damage to car inflicted by plaintiff.86 Haw. 405 (App.),949 P.2d 1026. Trebling of damages under subsection (b)(1) should be calculated before setoff award to defendant is applied.86 Haw. 405 (App.),949 P.2d 1026.