THE SENATE	S.B. NO.	2020
THIRTY-SECOND LEGISLATURE, 2024
STATE OF HAWAII

A BILL FOR AN ACT

 

 

relating to deceptive trade practices.

 

 

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

 

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

     "[[]§481A-3[]]  Deceptive trade practices.  (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 either of 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 consumer.

   [(12)] (13)  Engages in any other conduct [which] that similarly creates a likelihood of confusion or of misunderstanding."

     SECTION 2.  Statutory material to be repealed is bracketed and stricken.  New statutory material is underscored.

 

     SECTION 3.  This Act shall take effect upon its approval.

 

INTRODUCED BY:	_____________________________

 

 

 

Report Title:

Deceptive Trade Practices; Hidden Fees; False Advertising

 

Description:

Makes it a deceptive practice to advertise, display, or offer a price for goods or services that does not include all mandatory fees or charges, with certain exceptions.

 

 

 

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