(a) An installment lender shall comply with all applicable state and federal laws when collecting a delinquent installment loan. A lender may take civil action to collect principal, interest, fees, and costs allowed under this chapter. A lender shall not threaten criminal prosecution as a method of collecting a delinquent installment loan or threaten to take any legal action against the consumer that is not otherwise permitted by law.
Consumer: means a natural person who is the buyer, lessee, or debtor to whom credit is granted in a transaction that is primarily for that natural person's personal, family, or household purposes. See Hawaii Revised Statutes 480J-1
Fair Debt Collection Practices Act: The Fair Debt Collection Practices Act is a set of United States statutes added as Title VIII of the Consumer Credit Protection Act. Its purpose is to ensure ethical practices in the collection of consumer debts and to provide consumers with an avenue for disputing and obtaining validation of debt information in order to ensure the information's accuracy. It is often used in conjunction with the Fair Credit Reporting Act. Source: OCC
Interest: means all charges payable directly or indirectly by a borrower to a licensee as a condition to a loan or an application for a loan, however denominated. See Hawaii Revised Statutes 480J-1
lender: means any person who is in the business of offering or making a consumer loan, who arranges a consumer loan for a third party, or who acts as an agent for a third party, regardless of whether the third party is exempt from licensure under this chapter or whether approval, acceptance, or ratification by the third party is necessary to create a legal obligation for the third party, through any method including mail, telephone, the Internet, or any electronic means. See Hawaii Revised Statutes 480J-1
Person: means an individual, sole proprietorship, partnership, corporation, limited liability company, limited liability partnership, or other association of individuals, however organized. See Hawaii Revised Statutes 480J-1
Place of business: means a location where installment loans are offered or made and includes each website through which a consumer may apply for an installment loan from an installment lender. See Hawaii Revised Statutes 480J-1
(b) Unless invited by the consumer, a lender shall not visit a consumer’s residence or place of employment for the purpose of collecting a delinquent installment loan. A lender shall not impersonate a law enforcement officer or make any statements that might be construed as indicating an official connection with any federal, state, or county law enforcement agency or any other governmental agency while engaged in collecting an installment loan.(c) A lender shall not communicate with a consumer in a manner intended to harass, intimidate, abuse, or embarrass a consumer, including communication at an unreasonable hour, with unreasonable frequency, by threats of force or violence, or by use of offensive language. A communication shall be presumed to have been made for the purposes of harassment if it is initiated by the lender for the purposes of collection and the communication is made:
(1) With the consumer’s spouse or the consumer’s domestic partner in any form, manner, or place, on more than one occasion, except when:
(A) Calling a shared phone number and asking to speak to the consumer;(B) Sending a text message to a shared phone number;(C) Sending an electronic mail to a shared electronic mail address; or(D) Sending any other electronic writing to a shared electronic account;(2) With a consumer at the consumer’s place of employment on more than one occasion;(3) With the consumer, the consumer’s spouse, or the consumer’s domestic partner at the consumer’s place of residence between the hours of 9:00 p.m. and 8:00 a.m., Hawaii-Aleutian Standard Time; or(4) To a party other than the consumer, the consumer’s attorney, the lender’s attorney, or a consumer credit reporting agency if otherwise permitted by law, except for the purposes of acquiring location or contact information about the consumer.(d) A lender shall maintain, in accordance with applicable law, an accurate and complete communication log of all telephone and written communications with a consumer initiated by the lender regarding any collection efforts, including date, time, and the nature of each communication.(e) For purposes of collecting a dishonored check, this section shall apply to any employee, arranger, or third-party assignee of a lender.(f) For purposes of this section, “communication” includes any contact with a consumer initiated by a lender in person, by telephone, or in writing, including via electronic mail, text message, or other electronic writing; provided that:
(1) “Communication” includes the time the lender initiates contact with a consumer, regardless of whether the communication is received or accessed by the consumer; and(2) “Communication” does not include:
(A) Verbal communication with the consumer while the consumer is physically present in the lender’s place of business;(B) An unanswered telephone call in which no message, other than a caller identification, is left, unless the telephone call is in violation of subsection (c)(3); or(C) An initial letter to the consumer that includes disclosures under the federal Fair Debt Collection Practices Act.
