Hawaii Revised Statutes
443B. Collection Agencies
443B-3 Registration required.

§443B-3 Registration required. (a) No collection agency shall collect or attempt to collect any money or any other forms of indebtedness alleged to be due and owing from any person who resides or does business in this State without first registering under this chapter.
(b) Registration shall include:
(1) Submission of a complete application for registration;
(2) Submission of a certificate of good standing or a certificate of authority from the business registration division;
(3) Payment of appropriate fees;
(4) Filing and maintenance of a bond in the amount prescribed in section 443B-5;
(5) Maintenance of a regular active business office in the State; and
(6) Designation of a principal collector, as prescribed in section 443B-6.
(c) Any collection agency which has filed a bond with the director and maintained that bond in full force and effect, and which has not filed an application and paid the registration fee within ninety days of June 6, 1987, shall submit an application in the same manner as a new applicant subject to the provisions of sections 443B-4 and 443B-6. L 1987, c 191, pt of §1; am L 1990, c 246, §5; am L 1996, c 13, §12
Case Notes
Although plaintiffs were "consumers" within the meaning of § §480-1 and 480-13, plaintiffs' payment of their Hawaii medical services association (HMSA) lien to the Kentucky-based company that contracted with HMSA to provide subrogation and "claims recovery services", but which had violated this section, did not constitute an injury for which plaintiffs could bring suit under §480-13(b). 117 H. 153, 177 P.3d 341 (2008).
Kentucky-based company that contracted with the Hawaii medical services association (HMSA) to provide subrogation and "claims recovery services" was a "collection agency" within the meaning of §443B-1, and subject to the registration requirements of this section, where company was collecting "claims" that HMSA had against plaintiffs--money that company alleged was "due and owing". 117 H. 153, 177 P.3d 341 (2008).

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.