[ 480-13.5]  Additional civil penalties for consumer frauds committed against elders.  (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.
  • elder: means a consumer who is sixty-two years of age or older. See Hawaii Revised Statutes 480-13.5

     (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.