Haw. Rev. Stat. » Haw. Rev. Stat. / Chapter 443B
Hawaii Revised Statutes

Haw. Rev. Stat. § 443B-19 (2026)

] Unfair or unconscionable means

✓ current as of July 2026
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     [§443B-19]  Unfair or unconscionable means.  No collection agency shall use unfair or unconscionable means to collect or attempt to collect any claim in any of the following ways:

     (1)  The seeking or obtaining of any written statement or acknowledgment in any form that a debtor or alleged debtor's obligation is one incurred for necessities of life where the original obligation was not in fact incurred for these necessities;

     (2)  The seeking or obtaining of any written statement or acknowledgment in any form containing an affirmation of any obligation by a debtor or alleged debtor who has been declared bankrupt, without clearly disclosing the nature and consequences of the affirmation and the fact that the debtor or alleged debtor is not legally obligated to make the affirmation;

     (3)  The collection of or the attempt to collect from a debtor or alleged debtor all or any part of the collection agency's fees or charges for services rendered;

     (4)  The collection of or the attempt to collect any interest or other charge, fee, or expense incidental to the principal obligation unless the interest or incidental fee, charge, or expense is expressly authorized by the agreement creating the obligation and legally chargeable to the debtor or alleged debtor; or unless the interest or incidental fee, charge, or expense is expressly authorized by law; and

     (5)  Any communication with a debtor or alleged debtor whenever it appears that the debtor or alleged debtor is represented by an attorney and the attorney's name and address are known. [L 1987, c 191, pt of §1]

 

Notes of Decisions
Cited in 2 cases, 2009–2019 · leading case: Stover v. Fingerhut Direct Mktg., Inc., 709 F. Supp. 2d 473 (S.D.W. Va 2009).
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Stover v. Fingerhut Direct Mktg., Inc., 709 F. Supp. 2d 473 (S.D.W. Va 2009). “Code § 28-3814(g)(5), and Haw.Rev.Stat. § 443B-19. 6 . The WVCCPA’s civil, but not criminal, liability provisions are at issue in this case, which lessens the need for a clearly expressed scienter requirement.”
Maryann Sivongxay v. Medcah, Inc. (9th Cir. 2019). “§ 1692f(1); see also Haw. Rev. Stat. § 443B-19(4). Under Hawaii law, “[w]hen there is no express written contract fixing a different rate of interest, interest shall be allowed at the rate of ten per cent a year .”
— Haw. Rev. Stat. § 443B-19(4) — 1 case
Maryann Sivongxay v. Medcah, Inc. (9th Cir. 2019). “§ 1692f(1); see also Haw. Rev. Stat. § 443B-19(4). Under Hawaii law, “[w]hen there is no express written contract fixing a different rate of interest, interest shall be allowed at the rate of ten per cent a year .”
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