2017 Hawaii Revised Statutes
TITLE 25. PROFESSIONS AND OCCUPATIONS
443B. Collection Agencies
- 443B-1 Definitions.
- 443B-2 Powers and duties of the director.
- 443B-3 Registration required.
- 443B-3.5 Designation as exempt out-of-state collection agency; limitations on business practices; fees; disciplinary action.
- 443B-4 Application for registration.
- 443B-4.51 Certificate of registration.
- 443B-4.52 Notice of termination of business.
- 443B-4.53 Termination of business and surrender of certificate of registration.
- 443B-4.54 Notification of change.
- 443B-4.55 Single act; evidence of practice.
- 443B-4.56 Transfer of registration.
- 443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.
- 443B-4.58 Biennial renewal requirement.
- 443B-4.59 Restoration of forfeited registration.
- 443B-4.60 Collecting without a registration.
- 443B-4.61 REPEALED.
- 443B-4.62 Audits.
- 443B-4.63 Furnishing deceptive forms.
- 443B-5 Bond.
- 443B-6 Place of business; principal collector.
- 443B-7 REPEALED.
- 443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.
- 443B-9 Collection, attorney's, or commission fees; exception.
- 443B-10 Reports and payments by agency.
- 443B-10.5 Fiduciary responsibility.
- 443B-11 Action on collection agency bond.
- 443B-12 Remedies not exclusive.
- 443B-13 Jurisdiction of courts.
- 443B-14 Penalties.
- 443B-15 Threats or coercion.
- 443B-16 Harassment and abuse.
- 443B-17 Unreasonable publication.
- 443B-18 Fraudulent, deceptive, or misleading representations.
- 443B-19 Unfair or unconscionable means.
- 443B-20 Unfair competition, unfair or deceptive acts or practices.
- 443B-21 Severability.
Sunset evaluations modified, see 26H-4 and 26H-5.
Collection practices, see chapter 480D.
Mortgage rescue fraud prevention act, see chapter 480E.
Secure and fair enforcement for mortgage licensing act, see chapter 454F.
Plaintiff not entitled to summary judgment on plaintiff's claim under 480-13, 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 (2002).
Designation of the director to enforce this chapter does not preclude standing to an individual to sue under chapter 480, provided the individual can satisfy the definition of "consumer"; circuit court's conclusion that plaintiffs had no standing to sue for a chapter 443B violation because director was charged with enforcement of the chapter, was error. 78 H. 213 (App.), 891 P.2d 300 (1995).
Because defendant was a bank, it was not a collection agency subject to this chapter's requirements. 901 F. Supp. 2d 1253 (2012).