(a) If a person commits a violation under section 480-2 which is directed toward, targets, or injures an elder, a court, in addition to any other civil penalty, may impose a civil penalty not to exceed $10,000 for each violation.
Terms Used In Hawaii Revised Statutes 480-13.5
Consumer: means a natural person who, primarily for personal, family, or household purposes, purchases, attempts to purchase, or is solicited to purchase goods or services or who commits money, property, or services in a personal investment. See Hawaii Revised Statutes 480-1
Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
(b) In determining the amount, if any, of civil penalty under subsection (a), the court shall consider the following:
(1) Whether the person’s conduct was in wilful disregard of the rights of the elder;(2) Whether the person knew or should have known that the person’s conduct was directed toward or targeted an elder;(3) Whether the elder was more vulnerable to the person’s conduct than other consumers because of age, poor health, infirmity, impaired understanding, restricted mobility, or disability;(4) The extent of injury, loss, or damages suffered by the elder; and(5) Any other factors the court deems appropriate.(c) As used in this chapter, “elder” means a consumer who is sixty-two years of age or older.
