[ 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.