umoc claim in Hawaii

2018Cf. Davis , 122 Hawai'i at 439 , 228 P.3d at 319 (explaining in the context of a claim for unfair method of competition (UMOC) that "although the deeming language of HRS § 481B-4 eliminates the requirement that a plaintiff prove that a defendant's conduct that violates chapter 481B (including HRS § 481B-14 ) constitutes an unfair method of competition, it does not purport to modify the causation requirement of HRS § 480-13."); Gurrobat , 133 Hawai'i at 23 , 323 P.3d at 814 (interpreting the causation element for a UMOC claim based on a violation of HRS § 481B-4, and stating that "a plaintiff n

2018Cf. Davis , 122 Hawai'i at 439 , 228 P.3d at 319 (explaining in the context of a claim for unfair method of competition (UMOC) that "although the deeming language of HRS § 481B-4 eliminates the requirement that a plaintiff prove that a defendant's conduct that violates chapter 481B (including HRS § 481B-14 ) constitutes an unfair method of competition, it does not purport to modify the causation requirement of HRS § 480-13."); Gurrobat , 133 Hawai'i at 23 , 323 P.3d at 814 (interpreting the causation element for a UMOC claim based on a violation of HRS § 481B-4, and stating that "a plaintiff n

2018Cf. Davis , 122 Hawai'i at 439 , 228 P.3d at 319 (explaining in the context of a claim for unfair method of competition (UMOC) that "although the deeming language of HRS § 481B-4 eliminates the requirement that a plaintiff prove that a defendant's conduct that violates chapter 481B (including HRS § 481B-14 ) constitutes an unfair method of competition, it does not purport to modify the causation requirement of HRS § 480-13."); Gurrobat , 133 Hawai'i at 23 , 323 P.3d at 814 (interpreting the causation element for a UMOC claim based on a violation of HRS § 481B-4, and stating that "a plaintiff n

2018Cf. Davis , 122 Hawai'i at 439 , 228 P.3d at 319 (explaining in the context of a claim for unfair method of competition (UMOC) that "although the deeming language of HRS § 481B-4 eliminates the requirement that a plaintiff prove that a defendant's conduct that violates chapter 481B (including HRS § 481B-14 ) constitutes an unfair method of competition, it does not purport to modify the causation requirement of HRS § 480-13."); Gurrobat , 133 Hawai'i at 23 , 323 P.3d at 814 (interpreting the causation element for a UMOC claim based on a violation of HRS § 481B-4, and stating that "a plaintiff n

2018See Coon v. City & Cty. of Honolulu , 98 Hawai'i 233 , 261, 47 P.3d 348 , 376 (2002) ("To constitute a waiver, there must have existed a right claimed to have been waived and the waiving party must have had knowledge, actual or constructive, of the existence of such a right at the time of the purported waiver." (citations omitted) ).

2018See Coon v. City & Cty. of Honolulu , 98 Hawai'i 233 , 261, 47 P.3d 348 , 376 (2002) ("To constitute a waiver, there must have existed a right claimed to have been waived and the waiving party must have had knowledge, actual or constructive, of the existence of such a right at the time of the purported waiver." (citations omitted) ).

2013Id.

2013In HMA, the issue before this court was what must be alleged to “bring a claim of unfair methods of competition.” 113 Hawai'i at 113 , 148 P.3d at 1215 (emphasis added).

2010Furthermore, according to Ai, HRS § 443-47 established that HRS § 443-44(8) was a “per se” UMOC violation by stating that “[a] violation of this part by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2.” Id. at 615, 607 P.2d at 1310-11 (emphasis added).

2010Furthermore, according to Ai, HRS § 443-47 established that HRS § 443-44(8) was a "per se" UMOC violation by stating that "[a] violation of this part by a collection agency shall constitute unfair methods of competition and unfair or deceptive acts or practices in the conduct of any trade or commerce for the purpose of section 480-2." Id. at 615, 607 P.2d at 1310-11 (emphasis added).