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Hawaii · Topic Updated May 26, 2026

The Law: Hawaii Lemon Law and the UDAP (HRS § 480)

The statutes behind a Hawaii lemon-law claim — the Motor Vehicle Express Warranty Enforcement Act (HRS § 481I), the State Certified Arbitration Program, the HRS § 480 UDAP, and Magnuson-Moss.

Hawaii’s lemon law — formally the Motor Vehicle Express Warranty Enforcement Act, HRS § 481I — is built around a state-administered arbitration program (SCAP) run by the Department of Commerce and Consumer Affairs (DCCA). Combined with Hawaii’s unusually strong UDAP (HRS § 480) and federal Magnuson-Moss, it gives consumers fast, low-cost arbitration plus a powerful automatic-treble damages backstop.

The three pillars

  1. Hawaii Lemon Law — HRS § 481I-1 to § 481I-4. Refund or replacement, with the manufacturer electing between them under § 481I-3(b); a 3-attempt / 1-attempt-safety / 30-business-day presumption; a 2-year / 24,000-mile Rights Period; and resolution through the State Certified Arbitration Program (SCAP) — a fast (45-day) DCCA-run program.
  2. Hawaii UDAP — HRS § 480-2 (unfair or deceptive acts or practices), private action under § 480-13. A prevailing consumer recovers $1,000 or treble damages, whichever is greater — automatically — plus mandatory attorney fees and costs, with a $5,000 (or treble) elder enhancement.
  3. Federal Magnuson-Moss Warranty Act — 15 U.S.C. § 2301 et seq. Civil court; § 2310(d)(2) attorney fees; federal-court access (D. Haw., Honolulu).

Hawaii pairs a consumer-favorable, state-run arbitration program with one of the stronger UDAP remedies in the country (automatic treble + mandatory fees).

Topics in this section

Why three statutes instead of one

The Lemon Law delivers refund or replacement through SCAP — but its own attorney-fee provision is discretionary (and limited to arbitration). The UDAP adds:

  • $1,000 or treble damages, whichever is greater (§ 480-13) — automatic for a prevailing consumer.
  • Mandatory attorney fees and costs.
  • A $5,000 (or treble) elder enhancement for consumers 62 and older.

Magnuson-Moss adds federal-court access (D. Haw.), § 2310(d)(2) fees, and a 4-year runway.

How they interact procedurally

  1. Written report during the Rights Period + opportunity to repair — the lemon-law presumption applies only if the consumer reported the nonconformity in writing during the Rights Period and the manufacturer had a reasonable chance to repair (§ 481I-3).
  2. State Certified Arbitration Program (SCAP) — the consumer can elect DCCA-administered arbitration; it is not a mandatory prerequisite to court, and the consumer can choose nonbinding arbitration with a trial de novo right. See state arbitration board.
  3. Civil action — Hawaii circuit court or federal court (D. Haw.), typically anchoring the UDAP § 480-13 treble and mandatory fees.

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