In addition to any other actions authorized by law, the director may fine any agency, revoke or terminate any registration, suspend the right of the registrant to use the registration, or refuse to renew or restore a registration for any cause authorized by law, including but not limited to the following:

(1) Dishonesty, deceit, fraud, or gross negligence in conducting business as a collection agency;

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Terms Used In Hawaii Revised Statutes 443B-4.57

  • Collection agency: includes :

    (1) Any person using any name other than the person's own in collecting the person's own claims with the intention of conveying, or which tends to convey the impression that a third party has been employed;

    (2) Any person who, in the conduct of the person's business for a fee, regularly repossesses any merchandise or chattels for another; and

    (3) Any person who regularly accepts the assignment of claims or money due on accounts or other forms of indebtedness and brings suits upon the assigned claims or money due on accounts or other forms of indebtedness in the person's own name; provided that any suits shall be initiated and prosecuted by an attorney who shall have been appointed by the assignee. See Hawaii Revised Statutes 443B-1

  • Director: means the director of commerce and consumer affairs. See Hawaii Revised Statutes 443B-1
  • Fiduciary: A trustee, executor, or administrator.
  • Fraud: Intentional deception resulting in injury to another.
  • Material change: means any change of circumstance which might affect a collection agency's registration, including the assigning, selling, leasing, encumbering, or other transfer of the rights, privileges, and obligations of a collection agency, whether voluntarily or involuntarily or directly or indirectly, including by transfer of fifty-one per cent of control of any collection agency, whether by change in ownership or otherwise. See Hawaii Revised Statutes 443B-1
(2) Advertising by means of false and deceptive statements or by statements which tend to deceive or defraud;
(3) Advertising or acting as a collection agency without a current and active certificate of registration issued under this chapter;
(4) Violation of any provision of this chapter or the rules adopted pursuant thereto;
(5) Commingling of clients’ funds or other property;
(6) Breach of fiduciary duty;
(7) Failure to notify the director in writing of any material change in information; and
(8) Providing false or misleading information at the time of application or during the time of registration.