Hawaii TCPA and telemarketing law
Hawaii has its own telemarketing statute with a private right of action.
| Statute | HRS ch. 481P (§§ 481P-1 to 481P-8) | ↗ |
| Consent standard | No state-specific consent standard | ↗ |
| Stricter than federal | No | ↗ |
| Private right of action | Yes | ↗ |
| Statutory damages | Not yet verified | |
| Covers text messages | Not yet verified | |
| Cure period | Not yet verified |
Hawaii regulates telemarketing through HRS chapter 481P. A seller or telephone solicitor must disclose the purpose of the call, its name and the goods or services offered within the first minute of an outbound call, may not call numbers on the national Do-Not-Call registry in violation of federal rules, and may not call a consumer who has asked not to be called. Calls to a residence are limited to 8 a.m. to 9 p.m. local time. Payment generally requires the consumer's express written authorization.
The chapter sets no consent requirement for placing calls. Every violation is treated as an unfair or deceptive practice under HRS 480-2, so an injured consumer may sue under HRS 480-13 for at least $1,000 or three times actual damages, and class actions are allowed. The state may seek civil penalties of $500 to $10,000 per violation. Contracts that result from a violation are voidable by the consumer.