Haw. Rev. Stat. § 445-134.13

Current through the 2024 Legislative Session

Section 445-134.13 - Prohibited practices

(a) No pawnbroker shall:

(1) Charge or receive any pawn finance charge exceeding twenty per cent a month;

(2) Contract for or receive any amounts other than the pawn finance charge in connection with a pawn transaction;

(3) Accept a pledge or purchase of property from a person under the age of eighteen years;

(4) Accept any waiver, in writing or otherwise, of any right or protection accorded a customer under this part;

(5) Fail to exercise reasonable care to protect pledged goods from loss or damage;

(6) Fail to return pledged goods to a customer within three business days of payment of the full amount due the pawnbroker on the pawn transaction;

(7) Make any charge for insurance, storage, or handling in connection with a pawn transaction;

(8) Enter into a pawn transaction which has a maturity date more than one month after the date the pawn transaction agreement is signed;

(9) Accept pledged goods or buy merchandise from a person unable to supply verification of identity by photo identification card, a state-issued identification card, driver's license, or federal government-issued identification card; provided that in addition to such verification, the pawnbroker shall take the person's thumbprint, and retain the thumbprint on file;

(10) Make any agreement requiring the personal liability of a customer in connection with a pawn transaction or creating any obligation on the part of the customer to redeem pledged goods or make any payment on a pawn transaction;

(11) Allow a customer's pawn account to exceed $10,000. For purposes of this paragraph, "pawn account" means the total accumulation of unpaid pawn finance charges for any single customer; or

(12) Accept vehicles, vessels, or negotiable instruments as pledged goods, or certificates of title or registration of vehicles or vessels as evidence of possession of pledged goods.

(b) Any person who violates this section shall be penalized pursuant to section 445-136.

HRS § 445-134.13

L 1992, c 192, pt of §2; am L 1993, c 44, §1; am L 1997, c 121, §2; am L 1998, c 255, §1