[CHAPTER 481A]

UNIFORM DECEPTIVE TRADE PRACTICE ACT

Section

   481A-1 Title

   481A-2 Definitions

   481A-3 Deceptive trade practices

   481A-4 Remedies

   481A-5 Application

Law Journals and Reviews

  On relationship of this chapter to §480-2, see Misrepresentation and Deception Under Section 480-2 of the Hawaii Revised Statutes.  10 HBJ 69.

  What Can the Abolition of Slavery Teach Us About Climate Change?  Local Action in the Liquefied Natural Gas Controversy.  35 UH L. Rev. 687 (2013).

Case Notes

  Plaintiffs' unfair or deceptive acts and practices claim, in violation of this section, based on the recording of an allegedly false assignment failed where plaintiffs failed to establish that the assignment was false; moreover, contrary to plaintiffs' contention, the express terms of the mortgage and the assignment in question suggest that one named defendant only transferred to other named defendant its "'right to foreclose and sell the [p]roperty'".  823 F. Supp. 2d 1061.

  Under the filed-rate doctrine, telephone customers' claims failed as a matter of law where customers could not demonstrate that telephone company's allegedly inadequate disclosures constituted an unfair or deceptive trade practice because (1) company's tariffs on file with the public utilities commission disclosed that fees should be assessed against customers receiving touch calling services; (2) knowledge of these disclosures contained in the tariff was imputed to the customers, and, thus, (3) customers could prove neither the injury nor the likelihood of damage that is required under §480-2 or this chapter.  109 H. 69, 123 P.3d 194.