RELATING TO CONSUMER PROTECTION.

SB2214

THE SENATE

S.B. NO.

2214

THIRTY-THIRD LEGISLATURE, 2026

STATE OF HAWAII

A BILL FOR AN ACT

relating
to consumer protection
.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF HAWAII:

����
SECTION
1
.
�
Section 481A-3, Hawaii Revised Statutes, is
amended by amending subsection (a) to read as follows:

����
"(a)
�
A person engages in a deceptive trade
practice when, in the course of the person's business, vocation, or occupation,
the person:

����
(1)
�
Passes off goods or services as those
of another;

����
(2)
�
Causes likelihood of confusion or of
misunderstanding as to the source, sponsorship, approval, or certification of
goods or services;

����
(3)
�
Causes likelihood of confusion or of
misunderstanding as to affiliation, connection, or association with, or
certification by, another;

����
(4)
�
Uses deceptive representations or
designations of geographic origin in connection with goods or services;

����
(5)
�
Represents that goods or services have
sponsorship, approval, characteristics, ingredients, uses, benefits, or
quantities that they do not have or that a person has a sponsorship, approval,
status, affiliation, or connection that the person does not have;

����
(6)
�
Represents that goods are original or
new if they are deteriorated, altered, reconditioned, reclaimed, used, or
secondhand;

����
(7)
�
Represents that goods or services are
of a particular standard, quality, or grade, or that goods are of a particular
style or model, if they are of another;

����
(8)
�
Disparages the goods, services, or
business of another by false or misleading representation of fact;

����
(9)
�
Advertises goods or services with
intent not to sell them as advertised;

���
(10)
�
Advertises goods or services with
intent not to supply reasonably expectable public demand, unless the
advertisement discloses a limitation of quantity;

���
(11)
�
Makes false or misleading statements of
fact concerning the reasons for, existence of, or amounts of price reductions; [
or
]

���
(12)
�
Advertises, displays, or offers a
price for goods or services that does not include all mandatory fees or
charges, other than the following:

���������
(A)
�
Taxes or fees imposed by a
government on the transaction; or

���������
(B)
�
Postage or carriage charges that
will be reasonably and actually incurred to ship the physical good to the
customer; or

��
[
(12)
]

(13)

�
Engages in any other conduct [
which
]

that
similarly creates a likelihood of confusion or of misunderstanding."

����
SECTION

2
.
�
Section 481A-5,
Hawaii Revised Statutes, is amended to read as follows:

����
"
[
[
]�481A-5[
]
]
�
Application.
�
(a)
�

This chapter does not apply to:

����
(1)
�
Conduct in compliance with the orders
or rules of, or a statute administered by, a federal, state, or local
governmental agency;

����
(2)
�
Publishers, broadcasters, printers, or
other persons engaged in the dissemination of information or reproduction of
printed or pictorial matters who publish, broadcast, or reproduce material
without knowledge of its deceptive character; or

����
(3)
�
Actions or appeals pending on July 14,
1969.

����
(b)
�
Sections 481A-3(a)(2) and 481A-3(a)(3) do not
apply to the use of a service mark, trademark, certification mark, collective
mark, trade name, or other trade identification that was used and not abandoned
before July 14, 1969 if the use was in good faith and is otherwise lawful
except for this chapter.

����
(c)
�
Section 481A-3(a)(12) does not apply to
persons providing broadband internet access service on its own or as part of a
bundle of services in compliance with the broadband consumer label requirements
of title 47 Code of Federal Regulations section 8.2.

����
For
the purposes of this subsection, "broadband internet access service"
shall have the same meaning as defined in title 47 Code of Federal
Regulations section 8.1(b).
"

����
SECTION
3.
�
This Act does not affect rights and
duties that matured, penalties that were incurred, and proceedings that were
begun before its effective date.

����
SECTION
4.
�
Statutory material to be repealed is
bracketed and stricken.
�
New statutory
material is underscored.

����
SECTION
5.
�
This Act shall take effect upon its
approval.

INTRODUCED BY:

_____________________________

Report Title:

Consumer
Protection; Deceptive Trade Practices; Pricing

Description:

Establishes
as a deceptive trade practice the advertising, displaying, or offering of a
price for goods or services that does not include all mandatory fees or
charges, with certain exceptions.

The summary description
of legislation appearing on this page is for informational purposes only and is
not legislation or evidence of legislative intent.