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HB573
HOUSE OF REPRESENTATIVES
H.B. NO.
573
THIRTY-THIRD LEGISLATURE, 2025
STATE OF HAWAII
A BILL FOR AN ACT
RELATING
TO CONSUMER PROTECTION
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:
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SECTION
1
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Section 487-14,
Hawaii Revised Statutes, is amended to read as follows:
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�487-14
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Restitution.
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(a)
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In any action brought by the director of the
office of consumer protection, the court may include in its orders or judgments
such provisions as may be necessary to effect restitution.
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Any person in whose favor restitution is
ordered need not accept restitution, but the person's acceptance and full
performance of restitution shall bar recovery by the person of any other
damages in any action on account of the same acts or practices against the
person making restitution.
This section shall not apply to bar actions
brought against parties engaged in unfair or deceptive acts or practices in the
conduct of any trade or commerce within the meaning of section 480-2 and
subject to penalties and remedies under chapter 480.
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(b)
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Whenever a corporation is ordered to pay restitution under subsection
(a), the court hearing the action may include in its orders or judgments that
the corporation and the individual directors, officers, or agents of the
corporation who authorized, ordered, or had done, or participated in any of the
unlawful acts and practices which caused, in whole or in part, injuries to any
person, are jointly and severally liable for the payment of restitution.
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(c)
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Whenever a domestic or foreign limited liability company is ordered to
pay restitution under subsection (a), the court hearing the action may include
in its orders or judgments that the limited liability company and the
individual members, managers, or agents of the limited liability company who
authorized, ordered, had done, or participated in any of the unlawful acts and
practices that caused, in whole or in part, injuries to any person, are jointly
and severally liable for the payment of restitution.
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(d)
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The office of consumer protection may establish and maintain an account
for purposes of holding and disbursing moneys received or recovered by it and
which are due consumers as restitution.
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(e)
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The director of the office of consumer protection may assign to a
consumer for collection that portion of any judgment awarding restitution to
that consumer.
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(f)
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If a person commits a violation of section 480-2 which is directed
toward, targets, or injures an elder, the court, in addition to the restitution
authorized by [subsection] (a), may award the elder an additional sum up to but
not to exceed the amount of restitution ordered in subsection (a).
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In determining the amount, if any, of an
award under this subsection, the court shall consider the factors set forth in
section 480-13.5."
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SECTION 2.
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New statutory material is underscored.
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SECTION 3.
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This Act shall take effect upon its approval.
INTRODUCED BY:
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Report Title:
Consumer Protection; Remedies; Penalties; Recovery; Civil Suit
Description:
Creates
an exemption within the existing limits on recovery to ensure that accepting
restitution under chapter 487 does not prohibit an individual from a separate
recovery from an action brought under chapter 480 for unfair and deceptive
practices.
The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.