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2021 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. Within ten days after termination of the business, the registrant shall surrender the certificate of registration to the director. [L 1990, c 246, pt of §1]
- 443B-4.54 Notification of change. Every collection agency shall notify the director in writing of any material change at any time during the application process or the period of registration. [L 1990, c 246, pt of §1]
- 443B-4.55 Single act; evidence of practice. Evidence that a collection agency has committed any act which is prohibited by this chapter shall be sufficient to justify the remedies set forth in this chapter, without proof of a general course of conduct. [L 1990, c 246, pt of §1]
- 443B-4.56 Transfer of registration. No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by transfer of control of any collection agency, whether by change in ownership or otherwise, except upon written application to and approval by the director. The form of the application shall be prescribed by the director. [L 1990, c 246, pt of §1]
- 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. Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any employee or agent of the agency who engages in an unregistered activity, shall be subject to the sanctions provided in this chapter. Nothing in this chapter shall be deemed to limit or prohibit other available civil or criminal actions against an agency engaged in an unregistered activity or any employee or agent of the agency engaged in an unregistered activity. [L 1990, c 246, pt of §1]
- 443B-4.61 REPEALED.
- 443B-4.62 Audits.
- 443B-4.63 Furnishing deceptive forms. It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, compiled or furnished the form is a collection agency. [L 1990, c 246, pt of §1]
- 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. Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and with all applicable laws. [L 1990, c 246, pt of §1]
- 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.
Cross References
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.
Case Notes
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).
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