Hawaii

• Pages: 159-163

159

CHAPTER 13

HAWAII

A. Scope of the Statute and Elements of a Cause of Action

Hawaii’s Unfair and Deceptive Practices Act (UDAP) prohibits

“[u]nfair methods of competition and unfair or deceptive acts or practices

in the conduct of any trade or commerce.”1It also states that local courts

and the Office of Consumer Protection “shall give due consideration” to

the rules, regulations and decisions of the Federal Trade Commission in

their interpretations of the Federal Trade Commission Act.2 No showing

of a public harm is required for a private cause of action.3

Violations of other Hawaii statutes have been designated as per se

violations of the UDAP.4Section 481A-3 of the Hawaii Revised Statutes

further sets out twelve specific “deceptive trade practices,” which include

passing off goods or services as those of another; causing likelihood of

confusion as to source or affiliation of goods or services; misrepresenting

the origin, sponsorship, characteristics, ingredients, uses, benefits,

quantities, new status, grade or style of goods or services; falsely

disparaging the goods or services of another; advertising with no intent to

sell or to supply reasonably expectable public demand; misrepresenting

the reason for price reductions; and “any other conduct which similarly

creates a likelihood of confusion or of misunderstanding.”5

Conduct that constitutes a deceptive act or practice under section 480-

2(a) may also constitute unfair competition under section 480-2(a) or a

deceptive trade practice under section 481A-3, and vice versa.6

1. HAW.REV.STAT. § 480-2.

2. Id. § 480-2(a).

3. Id. § 480-2(c); see also Field, Tr. of Est. of Aloha Sports Inc. v. Nat’l

Collegiate Athletic Ass’n, 431 P.3d 735, 749 (Haw. 2018)

(“[D]emonstrating actual negative effects on or harm to fair competition in

the relevant market is not required.”) (citing Gurrobat v. HTH Corp., 323

P.3d 792, 813 (Haw. 2014)).

4. See, e.g., HAW.REV.STAT. § 443B-20 (collection agencies practices);

id. § 441.22.7 (mortuary, cemetery, pre-need funeral services; id. § 437D-

5, -15, -19 (motor vehicle rental services); § 667-60 (wrongful

foreclosure).

5. Id. § 481A-3.

6. Star Mkts. v. Texaco, Inc., 94 5 F. Supp. 1344, 1346-48 (D. Haw. 1996);

see also Kukui Nuts of Haw., Inc. v. R. Baird & Co., 611, 789 P.2d 501,