Hawaii's UDAP: Unfair or Deceptive Acts or Practices (HRS § 480)

Hawaii’s consumer-fraud statute — unfair or deceptive acts or practices under HRS § 480-2, with the private right of action at § 480-13 — is the muscle behind a Hawaii vehicle-defect claim. It is one of the stronger UDAPs in the country: a prevailing consumer recovers $1,000 or treble damages, whichever is greater, automatically, plus mandatory attorney fees.

What the UDAP adds beyond the lemon law

Element	Lemon law alone	Lemon law + UDAP
Refund / replacement (via SCAP)	Yes	Yes
Arbitration fees (discretionary)	Yes	Yes
$1,000 floor or treble, whichever greater	No	Yes (§ 480-13)
Automatic treble (no willfulness required)	No	Yes
Mandatory attorney fees + costs	No	Yes
Elder enhancement	No	Yes — $5,000 or treble, whichever greater

$1,000 or treble — whichever is greater

Section 480-13 provides that a consumer injured by an unfair or deceptive act or practice “shall be awarded a sum not less than $1,000 or threefold the damages sustained, whichever is greater, and reasonable attorney’s fees together with the costs of suit.” Critically, the treble is automatic for a prevailing § 480-2 plaintiff — no separate willfulness finding is required, unlike the discretionary-treble UDAPs of Idaho, Ohio, or New Mexico. This places Hawaii in the automatic-treble tier with North Carolina and New Jersey.

(Hawaii courts measure treble as three times compensatory damages — not 3× plus the compensatory amount.)

Mandatory attorney fees

Section 480-13 makes attorney fees and costs mandatory for a prevailing plaintiff. Because the Lemon Law’s own fee provision is discretionary and limited to arbitration, § 480-13 is the reliable fee engine in court. See attorney fees.

The elder enhancement

Distinctively, where the plaintiff is an elder (62 or older), the award is $5,000 or treble damages, whichever is greater, plus mandatory fees and costs — a meaningful additional lever for older consumers, uncommon among state UDAPs (compare Idaho’s $15,000 elderly/disabled penalty).

What the UDAP reaches

Section 480-2 broadly prohibits unfair or deceptive acts in trade or commerce. In the vehicle context:

• Misrepresenting a vehicle’s condition, history, or warranty coverage.
• Failing to disclose prior damage, defects, or branded-title status.
• Odometer misrepresentation.
• Deceptive financing or add-on practices.

Note: § 480-13’s private damages action is for unfair or deceptive acts or practices — not for “unfair methods of competition,” which is reserved to other enforcement.

How the UDAP changes case value

A lemon-law refund or replacement, plus:

• Automatic treble (or the $1,000 floor) on proven UDAP damages.
• Mandatory fees and costs.
• The $5,000 elder enhancement where applicable.

Bottom line

HRS § 480-13 is the engine of a Hawaii vehicle claim in court: automatic treble or a $1,000 floor, mandatory fees, and a $5,000 elder enhancement. Pair it with the Lemon Law and Magnuson-Moss. See UDAP damages.

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