Hawaii telemarketing rules

Calling hours

It is an abusive telemarketing act or practice for a seller or telephone solicitor to initiate an outbound telephone call to a consumer's residence at any time other than between 8:00 a.m. and 9:00 p.m. local time at the location of the consumer called. The chapter defines an outbound telephone call as a call initiated by a seller or telephone solicitor to induce the purchase of goods or services. The statute sets a single window for every day of the week.

Do not call rules

It is a violation of Hawaii's telemarketing law for a seller or telephone solicitor to initiate a telephone solicitation call to a number on the national Do Not Call registry in violation of the federal Telemarketing Sales Rule and the federal Telephone Consumer Protection Act rules. It is also an abusive practice to call a consumer who previously said they do not want calls from that seller or telephone solicitor. A caller is not liable for that practice when the call results from error and the caller has written procedures meeting the federal minimum standards the statute cites, has trained its staff on them, and has kept its do not call lists. The Department of Commerce and Consumer Affairs points consumers to the nationwide registry.

Required disclosures and payment authorization

Within the first minute of an outbound call, and before any solicitation or request for payment, the caller must begin disclosing the true purpose of the call, the telephone solicitor's name and the company it calls for, and the goods or services offered, and it must finish within the first three minutes. Before payment, the caller must clearly disclose the total cost, material restrictions, and the material terms of any refund or cancellation policy. A seller may not take payment without the consumer's express verifiable authorization unless it follows a policy giving at least seven days after receipt to review and return goods or cancel services, with full refunds processed within 30 days and the policy disclosed.

Who the chapter covers

The chapter defines a consumer as a person who is, or may be, required to pay for goods or services offered through telemarketing, and says the term includes, but is not limited to, a consumer as defined in chapter 480. Its exemptions cover, among others, polling and political or religious calls, registered securities professionals, insured financial institutions, insurance licensees, accredited colleges, large catalog sellers, regulated telecommunications and video providers, licensed real estate brokers and salespersons acting within their licenses, and registered travel agencies. The chapter's exemption list does not include a general exemption for calls to businesses. The calling hours rule applies to outbound calls to a consumer's residence.

Recording calls

Hawaii's interception statute says it is not unlawful for a person not acting under color of law to intercept a wire, oral, or electronic communication when the person is a party to it or one of the parties has given prior consent, unless the purpose is a criminal or tortious act. The case notes in the Hawaii Revised Statutes cite a Hawaii Supreme Court decision holding that the statute allows interception of a wire or oral communication if one party consents.