481P-1 Definitions
481P-2 Violations
481P-3 Abusive telemarketing acts or practices
481P-4 Recordkeeping
481P-5 Exemptions
481P-6 Unfair or deceptive act or practice
481P-7 Other relief available
481P-8 Contracts voidable

Terms Used In Hawaii Revised Statutes > Chapter 481P - Telemarketing Fraud Prevention Act

  • Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
  • Assistance allowance: means a single monthly public assistance grant, including funds received from the federal government, expressed in a dollar amount per recipient or per recipient family to be provided a recipient or recipient family for all usual recurring living and shelter expenses, including rent or mortgage payment and utilities, and excluding medical care. See Hawaii Revised Statutes 346-1
  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Contract: A legal written agreement that becomes binding when signed.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Credit report: A detailed report of an individual's credit history prepared by a credit bureau and used by a lender in determining a loan applicant's creditworthiness. Source: OCC
  • Critical access hospital: means a hospital located in the State that is included in Hawaii's rural health plan approved by the federal Centers for Medicare and Medicaid Services and approved as a critical access hospital by the department of health as provided in Hawaii's rural health plan and as defined in title 42 U. See Hawaii Revised Statutes 346-1
  • Department: means the department of human services. See Hawaii Revised Statutes 346-1
  • Dependent: A person dependent for support upon another.
  • Director: means the director of human services. See Hawaii Revised Statutes 346-1
  • Express verifiable authorization: means express written authorization by the consumer, including but not limited to the consumer's signature on a negotiable instrument, that specifically authorizes the seller or telephone solicitor to obtain payment from a consumer's checking, savings, or bank card account. See Hawaii Revised Statutes 481P-1
  • Fair Credit Reporting Act: A federal law, established in 1971 and revised in 1997, that gives consumers the right to see their credit records and correct any mistakes. Source: OCC
  • Financial assistance: means public assistance, except for payments for medical care, social service payments, transportation assistance, and emergency assistance under section 346-65, including funds received from the federal government. See Hawaii Revised Statutes 346-1
  • Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
  • Goods or services: means any real property or any tangible or intangible personal property or services of any kind provided or offered to a consumer. See Hawaii Revised Statutes 481P-1
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • Investment opportunity: means anything tangible or intangible, that is offered for sale, sold, or traded based wholly or in part on representations, either express or implied, about past, present, or future income, profit, or appreciation. See Hawaii Revised Statutes 481P-1
  • Material: means any factor likely to affect a person's choice of, or conduct regarding, goods or services. See Hawaii Revised Statutes 481P-1
  • National Credit Union Administration: The federal regulatory agency that charters and supervises federal credit unions. (NCUA also administers the National Credit Union Share Insurance Fund, which insures the deposits of federal credit unions.) Source: OCC
  • Outbound telephone call: means a telephone call initiated by a seller or telephone solicitor to induce the purchase of goods or services. See Hawaii Revised Statutes 481P-1
  • Payment: means anything of value, including any interest, benefit, privilege, claim, or right with respect to anything of value, whether real or personal, tangible or intangible. See Hawaii Revised Statutes 481P-1
  • Personal property: All property that is not real property.
  • Prize: means anything offered or purportedly offered and given or purportedly given to a consumer by chance. See Hawaii Revised Statutes 481P-1
  • Prize promotion: means a sweepstakes or other game of chance or an oral or written representation that a consumer has won, has been selected to receive, or is eligible to receive a prize or purported prize. See Hawaii Revised Statutes 481P-1
  • Public assistance: means financial assistance to or for the benefit of persons whom the department has determined to be without sufficient means of support to maintain a standard consistent with this chapter, payments to or on behalf of such persons for medical care, and social service payments as described under the Social Security Act. See Hawaii Revised Statutes 346-1
  • Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
  • Seller: means any person, who, in connection with a telemarketing transaction, solicits funds or contributions, or arranges for a telephone solicitor to solicit funds or contributions, or provides, offers to provide, or arranges for others to provide goods or services to the consumer in exchange for consideration. See Hawaii Revised Statutes 481P-1
  • Telemarketing: means a plan, program, or campaign, including a prize promotion or investment opportunity, that is conducted to induce the purchase of goods or services or to solicit funds or contributions by use of one or more telephones and that involves more than one telephone call. See Hawaii Revised Statutes 481P-1
  • Telephone solicitor: means any person who in connection with telemarketing, initiates or receives telephone calls to or from a consumer, where either or both parties to the telephone call are located in this State. See Hawaii Revised Statutes 481P-1
  • Temporary restraining order: Prohibits a person from an action that is likely to cause irreparable harm. This differs from an injunction in that it may be granted immediately, without notice to the opposing party, and without a hearing. It is intended to last only until a hearing can be held.