Debt collector laws in Hawaii

Hawaii regulates collectors through the Hawaii Collection Agencies law (HRS ch. 443B) and Collection Practices by Debt Collectors law (HRS ch. 480D). Here are its extra protections, licensing, complaints and medical debt rules.

Short answer

Hawaii has its own debt collection law: the Hawaii Collection Agencies law (HRS ch. 443B) and Collection Practices by Debt Collectors law (HRS ch. 480D). It also covers original creditors collecting their own debts. Debt collectors need a state license in Hawaii; the licensing agency is Hawaii Department of Commerce and Consumer Affairs (DCCA), Professional and Vocational Licensing Division, Collection Agency Program (registration). You can complain to DCCA Regulated Industries Complaints Office (RICO), for collection agencies; DCCA Office of Consumer Protection for other businesses. The CFPB also takes complaints.

State law
Yes
Covers original creditors
Yes
License required
Yes
Extra protections listed
4

The Hawaii debt collection law

State law
Hawaii Collection Agencies law (HRS ch. 443B) and Collection Practices by Debt Collectors law (HRS ch. 480D)
Law
Haw. Rev. Stat. ch. 443B; ch. 480D
Covers original creditors
Yes
Official text
Read the law

Hawaii's law reaches original creditors as well, as in 22 of the 48 states we cover.

Protections Hawaii adds to federal law

  • Chapter 480D also covers businesses collecting their own consumer debts (not just collection agencies). They may not threaten arrest or violence, falsely accuse you of fraud, or add fees the law or your contract does not allow. (HRS §§ 480D-2, 480D-3)
  • A collection agency may not contact you once it knows you have a lawyer and knows the lawyer's name and address. (HRS § 443B-19(5))
  • A collection agency may not try to make you pay its own collection fees, or interest and fees not allowed by your agreement or by law. (HRS § 443B-19(3), (4))
  • A collection agency must register with the state before collecting from people in Hawaii. (HRS § 443B-3)

Your right to sue in Hawaii

Yes, through Hawaii's consumer protection law. A violation of ch. 443B or ch. 480D counts as an unfair or deceptive practice under HRS § 480-2. A consumer who is harmed can sue for $1,000 or three times actual damages, whichever is more, plus lawyer fees and costs ($5,000 minimum option for elders). (HRS §§ 443B-20, 480D-4, 480-13(b))

Federal law (15 U.S.C. 1692k) also lets you sue within 1 year for actual damages, up to $1,000 extra and attorney's fees.

Collector licensing in Hawaii

License required
Yes
Who licenses
Hawaii Department of Commerce and Consumer Affairs (DCCA), Professional and Vocational Licensing Division, Collection Agency Program (registration)
Check a license
Official license lookup

28 of our 48 state guides, Hawaii included, require a collector license.

In nearby states

Complaints about collectors in Hawaii

Steps against an abusive collector in Hawaii

  1. Keep a record

    Keep letters, voicemails, emails and texts, and a log of every call.

  2. Identify the collector

    Hawaii requires a license, so check the collector's: Official license lookup.

  3. Put your request in writing

    Write to dispute a debt or to stop collector calls, and keep a copy with proof of mailing.

  4. Report the collector

    Complain to DCCA Regulated Industries Complaints Office (RICO), for collection agencies; DCCA Office of Consumer Protection for other businesses. You can also complain to the CFPB at consumerfinance.gov/complaint.

  5. Know your right to sue in Hawaii

    Under Hawaii law: Yes, through Hawaii's consumer protection law. A violation of ch. 443B or ch. 480D counts as an unfair or deceptive practice under HRS § 480-2.

Questions about collector laws in Hawaii

Does Hawaii license debt collectors?

Yes. Hawaii Department of Commerce and Consumer Affairs (DCCA), Professional and Vocational Licensing Division, Collection Agency Program (registration)

Does Hawaii have its own debt collection law?

Yes: the Hawaii Collection Agencies law (HRS ch. 443B) and Collection Practices by Debt Collectors law (HRS ch. 480D) (Haw. Rev. Stat. ch. 443B; ch. 480D). It also covers original creditors collecting their own debts.

Who takes complaints about collectors in Hawaii?

DCCA Regulated Industries Complaints Office (RICO), for collection agencies; DCCA Office of Consumer Protection for other businesses: https://cca.hawaii.gov/file-a-complaint/

Can I take a collector to court under Hawaii law?

Yes, through Hawaii's consumer protection law. A violation of ch. 443B or ch. 480D counts as an unfair or deceptive practice under HRS § 480-2. A consumer who is harmed can sue for $1,000 or three times actual damages, whichever is more, plus lawyer fees and costs ($5,000 minimum option for elders). (HRS §§ 443B-20, 480D-4, 480-13(b))

How do I verify a collection agency in Hawaii?

Use Hawaii's official license lookup: https://mypvl.dcca.hawaii.gov/public-license-search/.

What protections does Hawaii add to federal debt collection law?

Chapter 480D also covers businesses collecting their own consumer debts (not just collection agencies). They may not threaten arrest or violence, falsely accuse you of fraud, or add fees the law or your contract does not allow. (HRS §§ 480D-2, 480D-3) A collection agency may not contact you once it knows you have a lawyer and knows the lawyer's name and address. (HRS § 443B-19(5)) A collection agency may not try to make you pay its own collection fees, or interest and fees not allowed by your agreement or by law. (HRS § 443B-19(3), (4))

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