Legal Definitions - Hawaii

In Hawaii, several laws protect consumers from deceptive business practices, unwanted solicitations, and electronic harassment, though the state's approach to commercial email differs from some other jurisdictions.

• Commercial Email and Spam

  Unlike many other states, Hawaii currently does not have specific state statutes directly addressing commercial email or spam. This means that while federal laws like the CAN-SPAM Act still apply to emails sent to Hawaii residents, there are no additional state-level regulations specific to unsolicited commercial electronic messages.

  • Example 1: A Hawaii resident receives numerous unsolicited marketing emails from an online retailer based in another state. While these emails might be subject to federal regulations regarding commercial email, Hawaii's state laws do not provide additional specific protections or remedies against this type of spam.

    Explanation: This illustrates that without specific state statutes, Hawaii residents must rely on broader federal laws for protection against commercial email spam, rather than state-specific rules.

• Telemarketing and Telephonic Anti-Solicitation

  Hawaii has laws designed to protect consumers from fraudulent and deceptive telemarketing practices. The Telemarketing Fraud Prevention Act allows individuals to take legal action against telemarketers who engage in deceptive practices. Additionally, Hawaii law specifically criminalizes certain forms of telemarketing fraud, providing a stronger deterrent against serious scams conducted over the phone.

  • Example 1 (Telemarketing Fraud Prevention Act): A telemarketer calls a Hawaii resident, promising a "free cruise" if they pay a small "processing fee." After the resident pays, they receive no cruise details, and the company becomes unreachable. The resident could potentially sue the telemarketer under the Telemarketing Fraud Prevention Act to recover their money.

    Explanation: This demonstrates how the Act provides a civil remedy for consumers who have been financially harmed by deceptive telemarketing schemes.

  • Example 2 (Criminal Telemarketing Fraud): An individual calls an elderly Hawaii resident, falsely claiming to be from the IRS and threatening immediate arrest if the resident doesn't pay a supposed tax debt using gift cards. This type of severe deception and intimidation constitutes criminal telemarketing fraud under Hawaii law.

    Explanation: This highlights the criminal aspect of Hawaii's telemarketing laws, targeting more egregious and harmful fraudulent schemes.

• Faxes, Texts, Other Media Anti-Solicitation, and Computer-related Crime

  Hawaii law criminalizes electronic forms of harassment, which includes harassment conducted through various digital means such as text messages, social media, and even fax messages. These provisions aim to protect individuals from unwanted, repeated, and distressing communications that cause annoyance or alarm.

  • Example 1 (Electronic Harassment via Texts/Social Media): After a disagreement, an individual repeatedly sends a Hawaii resident dozens of unwanted, threatening, and abusive text messages and private social media messages over several days, causing the resident significant distress. This behavior could be prosecuted as electronic harassment.

    Explanation: This illustrates how persistent and distressing digital communications, beyond simple unwanted solicitations, can fall under Hawaii's criminal harassment statutes.

  • Example 2 (Harassment by Fax): A disgruntled former employee repeatedly sends unsolicited, offensive, and disruptive fax messages to their old workplace in Hawaii, tying up their fax line and interfering with business operations. This could be considered harassment by means of fax messages.

    Explanation: This shows that even older technologies like fax machines are covered under Hawaii's laws against electronic harassment when used to cause annoyance or disruption.

• Unlawful Trade Practices

  Hawaii has adopted the Uniform Deceptive Trade Practices Act, which prohibits businesses from engaging in various misleading or unfair practices when selling goods or services. This law aims to ensure fair competition and protect consumers from false advertising, misrepresentations, and other deceptive tactics.

  • Example 1: A car dealership in Hawaii advertises a used car as having "only one previous owner and low mileage," but a background check reveals the car had multiple owners and its odometer was illegally rolled back. This misrepresentation would be an unlawful deceptive trade practice.

    Explanation: This demonstrates how false advertising and misrepresentation about a product's history or condition are prohibited under the Act.

  • Example 2: A tour company operating in Hawaii advertises a "private, exclusive snorkeling experience with gourmet lunch" for a premium price. However, customers find themselves on a crowded boat with many other tourists, receiving a basic sandwich for lunch. This discrepancy between the advertised service and the actual experience constitutes a deceptive trade practice.

    Explanation: This illustrates how misleading descriptions of services, particularly when they don't match the reality, are considered unlawful under the Uniform Deceptive Trade Practices Act.