§480-14 Suits by the State; amount of
recovery. (a) Whenever the State or any of its political subdivisions or
governmental agencies is injured, directly or indirectly, in its business or
property by reason of anything forbidden or declared unlawful by this chapter,
it may sue to recover threefold the actual damages sustained by it, whether
directly or indirectly. The attorney general may bring an action on behalf of
the State or any of its political subdivisions or governmental agencies to
recover the damages provided for by this section, or by any comparable
provisions of federal law.
(b) The attorney general of the State shall be
authorized to bring a class action for indirect purchasers asserting claims
under this chapter. The attorney general or the director of the office of
consumer protection may bring a class action on behalf of consumers based on
unfair or deceptive acts or practices declared unlawful by section 480-2.
Actions brought under this subsection shall be brought as parens patriae on
behalf of natural persons residing in the State to secure threefold damages for
injuries sustained by the natural persons to their property by reason of any
violation of this chapter.
(c) If judgment is in favor of the State or
any of its political subdivisions or governmental agencies under any provision
of this chapter, the attorney general or the director of the office of consumer
protection shall be awarded reasonable attorney's fees together with the cost
of suit; provided that in any class action lawsuit brought by the attorney
general on behalf of indirect purchasers, the attorney general shall in
addition be awarded an amount commensurate with expenses reasonably expected to
be expended in distribution of damages to the indirect purchasers. [L 1961, c
190, §12; Supp, §205A-12; HRS §480-14; am L 1980, c 69, §2; am L 1981, c 22,
§1; am L 1987, c 274, §5; am L 1988, c 60, §2 and c 141, §§52, 53; am L 2001, c
79, §2; am L 2002, c 229, §4; am L 2003, c 13, §1; am L 2008, c 19, §5; am L
2011, c 66, §1]
Case Notes
Defendants contended that under subsection (b), any action
brought by the attorney general on behalf of consumers was perforce a class
action; however, because the complaints unambiguously disclaimed class status,
the actions could not be removed under the Class Action Fairness Act of 2005.
761 F.3d 1027 (2014).
District court rejected the attorney general's interpretation
of subsection (b) as authorizing the attorney general to bring parens patriae
suits regarding violations of §480-2 as either a class action or a non-class
action. If the attorney general brings an action to recover damages on behalf
of Hawaii consumers pursuant to subsection (b), the attorney general can only
do so in a parens patriae class action. 907 F. Supp. 2d 1188 (2012).
The statement in subsection (b) that the attorney general
"may bring a class action" is merely a recognition that the attorney
general has the discretion, as opposed to a statutory obligation, to bring a
parens patriae class action in response to violations of §480-2. 907 F. Supp.
2d 1188 (2012).
Notes of Decisions
Hawaii ex rel. Louie v. JP Morgan Chase & Co., 907 F. Supp. 2d 1188 (D. Haw. 2012).
· cites it 33× “Defendants assert that the applicable authority is § 480-14(b), which provides that such actions are class actions, and Defendants point out that the Complaints specifically cite § 480-14 as the source of the Attorney General’s authority to bring these cases.”
State v. LG Elec., Inc., 375 P.3d 636 (Wash. 2016).
· cites it 2× “22 (2); Haw. Rev. Stat. § 480-14 (b); Idaho Code § 48-108 (2); 740 Ill.”
Davis v. Four Seasons Hotel Ltd., 228 P.3d 303 (Haw. 2010).
· cites it 2× “e awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney's fees together with the costs of suit; provided that indirect purchasers injured by an illegal overcharge shall recover only compensatory…”
Luke v. Gentry Realty, Ltd., 96 P.3d 261 (Haw. 2004).
“(c) The remedies provided in subsections (a) and (b) shall be applied in class action and de facto class action lawsuits or proceedings including actions brought in behalf of direct purchasers, and actions brought in behalf of indirect purchasers by the attorney general under…”
Pac. Radiation Oncology, LLC v. Queen's Med. Ctr., 861 F. Supp. 2d 1170 (D. Haw. 2012).
“e awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of suit; provided that indirect purchasers injured by an illegal overcharge shall recover only compensatory…”
State of Hawai'i v. CaremarkPCS Health, L.L.C., No. 1:23-cv-00464 (D. Haw. Oct. 30, 2024).
· cites it 3× “] The State brings the following claims: a deceptive acts and practices claim under Section 480-2 (“Count I”); an unfair acts and practices claim under Section 480-2 (“Count II”); a UMOC claim under Section 480-2 (“Count III”); and a claim, pursuant to Section 480-2 and Hawai`i…”
State of Hawai'i v. CaremarkPCS Health, L.L.C., No. 1:23-cv-00464 (D. Haw. May 1, 2024).
· cites it 2× “] The State brings the following claims: a deceptive acts and practices claim under Section 480-2 (“Count I”); an unfair acts and practices claim under Section 480-2 (“Count II”); a UMOC claim under Section 480-2 (“Count III”); and a claim for treble damages pursuant to Section…”
Na Po'e Kokua v. Bank of Am. Corp., No. 1:22-cv-00238 (D. Haw. Feb. 16, 2023).
“§ 480-14. A non-government entity may also bring suit on behalf of another through the doctrine of associational standing.”
Haw. Rev. Stat. § 480-14(a): 1 case
State of Hawai'i v. CaremarkPCS Health, L.L.C., No. 1:23-cv-00464 (D. Haw. Oct. 30, 2024).
“] The State brings the following claims: a deceptive acts and practices claim under Section 480-2 (“Count I”); an unfair acts and practices claim under Section 480-2 (“Count II”); a UMOC claim under Section 480-2 (“Count III”); and a claim, pursuant to Section 480-2 and Hawai`i…”
Haw. Rev. Stat. § 480-14(b): 2 cases
Hawaii ex rel. Louie v. JP Morgan Chase & Co., 907 F. Supp. 2d 1188 (D. Haw. 2012).
“Defendants assert that the applicable authority is § 480-14(b), which provides that such actions are class actions, and Defendants point out that the Complaints specifically cite § 480-14 as the source of the Attorney General’s authority to bring these cases.”
Haw. Rev. Stat. § 480-14(c): 4 cases
Davis v. Four Seasons Hotel Ltd., 228 P.3d 303 (Haw. 2010).
“e awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney's fees together with the costs of suit; provided that indirect purchasers injured by an illegal overcharge shall recover only compensatory…”
Pac. Radiation Oncology, LLC v. Queen's Med. Ctr., 861 F. Supp. 2d 1170 (D. Haw. 2012).
“e awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney’s fees together with the costs of suit; provided that indirect purchasers injured by an illegal overcharge shall recover only compensatory…”
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