Hawaii Revised Statutes
443B. Collection Agencies
443B-15 Threats or coercion.

§443B-15 Threats or coercion. No collection agency shall collect or attempt to collect any money or other forms of indebtedness alleged to be due and owing by means of any threat, coercion, or attempt to coerce, including any conduct which is described as follows:
(1) The use, or express or implicit threat of use, of violence or other criminal means to cause harm to the person, reputation, or property of any person;
(2) The accusation or threat to falsely accuse any person of fraud or any crime or any conduct which, if true, would tend to disgrace the other person or in any way subject a person to ridicule or any conduct which, if true, would tend to disgrace the other person or in any way subject a person to the ridicule or contempt of society;
(3) False accusations made to another person, including any credit reporting agency that a debtor or an alleged debtor has not paid a just debt, or threat to so make false accusations;
(4) The threat to sell or assign to another the obligation of a debtor or an alleged debtor with an attending representation or implication that the result of the sale or assignment would be that the debtor or alleged debtor would lose any defense to the claim or would be subjected to harsh, vindictive, or abusive collection attempts; and
(5) The threat that nonpayment of an alleged claim will result in the arrest of any person. [L 1987, c 191, pt of §1; am L 1990, c 246, §11]

Structure Hawaii Revised Statutes

Hawaii Revised Statutes

Title 25. Professions and Occupations

443B. Collection Agencies

443B-1 Definitions.

443B-2 Powers and duties of the director.

443B-3 Registration required.

443B-3.5 Designation as exempt out-of-state collection agency; limitations on business practices; fees; disciplinary action.

443B-4 Application for registration.

443B-4.51 Certificate of registration.

443B-4.52 Notice of termination of business.

443B-4.53 Termination of business and surrender of certificate of registration. Within ten days after termination of the business, the registrant shall surrender the certificate of registration to the director. [L 1990, c 246, pt of §1]

443B-4.54 Notification of change. Every collection agency shall notify the director in writing of any material change at any time during the application process or the period of registration. [L 1990, c 246, pt of §1]

443B-4.55 Single act; evidence of practice. Evidence that a collection agency has committed any act which is prohibited by this chapter shall be sufficient to justify the remedies set forth in this chapter, without proof of a general course of conduc...

443B-4.56 Transfer of registration. No registration, including the rights, privileges, and obligations thereof, shall be assigned, sold, leased, encumbered, or otherwise transferred, voluntarily or involuntarily, directly or indirectly, including by...

443B-4.57 Fine, revocation, suspension, termination, denial of registration, renewal of registration, or restoration of registration.

443B-4.58 Biennial renewal requirement.

443B-4.59 Restoration of forfeited registration.

443B-4.60 Collecting without a registration. Any collection agency whose registration has been terminated but continues to conduct business as a collection agency shall be engaging in an unregistered activity, and any agency so engaged, and any emplo...

443B-4.61 REPEALED.

443B-4.62 Audits.

443B-4.63 Furnishing deceptive forms. It is unlawful for any person who is not a registered collection agency to design, compile, or furnish any form knowing that the form could be used to create a belief in a debtor that the person who designed, com...

443B-5 Bond.

443B-6 Place of business; principal collector.

443B-7 REPEALED.

443B-8 Manner in which records, funds, and other forms of indebtedness are to be kept by collection agencies.

443B-9 Collection, attorney's, or commission fees; exception.

443B-10 Reports and payments by agency.

443B-10.5 Fiduciary responsibility. Each collection agency shall be considered a fiduciary with respect to its clients and shall keep and disburse funds collected on its client's behalf in strict compliance with any agreement made with a client and w...

443B-11 Action on collection agency bond.

443B-12 Remedies not exclusive.

443B-13 Jurisdiction of courts.

443B-14 Penalties.

443B-15 Threats or coercion.

443B-16 Harassment and abuse.

443B-17 Unreasonable publication.

443B-18 Fraudulent, deceptive, or misleading representations.

443B-19 Unfair or unconscionable means.

443B-20 Unfair competition, unfair or deceptive acts or practices.

443B-21 Severability.