Hawaii Telemarketing and Robocall Laws: Statutes, Rules, and How They Differ from the TCPA

Overview

Hawaii regulates telemarketing through the Telemarketing Fraud Prevention Act, Hawaii Revised Statutes (HRS) chapter 481P, enacted by Act 170 of 1999. The chapter:

• requires opening disclosures within the first minute of an outbound call;
• regulates payment authorization;
• defines deceptive and abusive telemarketing practices, including calls outside 8:00 a.m. to 9:00 p.m., letting a phone ring more than ten times, and calls to persons who asked not to be called;
• makes a call to a number on the National Do Not Call Registry, made in violation of the federal rules, a violation of state law;
• requires two years of recordkeeping;
• makes contracts resulting from violations voidable.

A violation of chapter 481P is an unfair or deceptive act or practice under HRS § 480-2. That brings in the remedies of HRS chapter 480: a consumer private action with a minimum recovery of 1,000 dollars or treble damages and mandatory attorney's fees, civil penalties of 500 to 10,000 dollars per violation, and a four-year limitations period.

Hawaii does not maintain its own do-not-call list or require telemarketer registration, and no Hawaii statute regulating automatic dialers or prerecorded messages was identified. The Department of Commerce and Consumer Affairs (DCCA), through its Office of Consumer Protection (OCP), and the Attorney General enforce the chapter.

Key statutes table

Detailed provisions

Do-not-call

National registry. It is a violation of chapter 481P for any seller or telephone solicitor to:

Initiate or cause to be initiated, a telephone solicitation call to a telephone number that is listed on the national Do-Not-Call registry administered by the Federal Trade Commission and the Federal Communications Commission pursuant to and in violation of the Telemarketing Sales Rule, 16 C.F.R. part 310, and the Telephone Consumer Protection Act, 47 C.F.R. parts 64 and 68.

HRS § 481P-2(a)(11). This paragraph was added by Act 8 of 2004. The stated purpose was to "harmonize Hawaii's telemarketing law with the new Do-Not-Call provisions of the Telemarketing Sales Rule and the Telephone Consumer Protection Act." 2004 Haw. Sess. Laws Act 8, § 1. Act 8 took effect "upon its approval," and it was "Approved April 19, 2004." Id. § 4.

The Federal Trade Commission (FTC) and Federal Communications Commission (FCC) rules therefore define the violation. Federal exemptions, such as the established business relationship and the safe harbor, are built into the state violation by the phrase "pursuant to and in violation of."

Company-specific do-not-call. It is an abusive telemarketing act or practice to:

Initiate an outbound telephone call to a consumer, when the person has stated previously that the consumer does not wish to receive telephone calls from that seller or telephone solicitor

HRS § 481P-3(7). A safe harbor applies if the seller or telephone solicitor meets all four of these conditions:

• it "has established and implemented written procedures to comply with this paragraph, which procedures shall meet the minimum standards set forth in 47 C.F.R. section 64.1200(e)(2)";
• it "has trained its personnel in the procedures";
• it "has maintained and recorded lists of persons who may not be contacted in compliance with this paragraph"; and
• "The call is the result of error." Id.

The cross-reference to 47 C.F.R. § 64.1200(e)(2) is outdated. In the current rule, the FCC's minimum standards for company-specific do-not-call procedures appear in 47 C.F.R. § 64.1200(d), and § 64.1200(e) extends paragraphs (c) and (d) to wireless numbers. The statute does not say whether its reference should be read to the current § 64.1200(d).

Hawaii's company-specific rule has no stated duration. The federal rule requires that "A do-not-call request must be honored for 5 years from the time the request is made." 47 C.F.R. § 64.1200(d)(6).

Registration and bond

Hawaii has no telemarketer registration or bond requirement in chapter 481P. It is a deceptive practice to "Represent that the telephone solicitor or seller is registered as a telephone solicitor in the State or has in any way received an endorsement or approval by any governmental agency of the State." HRS § 481P-2(a)(4).

Calling hours

It is an abusive telemarketing act or practice 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." HRS § 481P-3(8).

The rule is limited to calls to a "consumer's residence." Whether it reaches calls to a mobile number of a Hawaii consumer is not addressed in the text. The federal rule applies the same window to "Any residential telephone subscriber." 47 C.F.R. § 64.1200(c)(1).

Call frequency and ring time

Hawaii has two provisions with no federal counterpart. It is abusive to "Cause the telephone to ring more than ten times in an outbound telephone call." HRS § 481P-3(5). It is also abusive to "Engage any consumer repeatedly or continuously with behavior a reasonable person would deem to be annoying, abusive, or harassing." HRS § 481P-3(6).

The federal ring rule requires ringing for at least 15 seconds or four rings before disconnecting an unanswered call. Hawaii's rule sets a maximum of ten rings. Both can be satisfied together.

Automated dialing compared with Facebook v. Duguid

Chapter 481P does not regulate automatic dialers or prerecorded messages, and no Hawaii statute adopting an autodialer definition was identified. Federal law therefore governs. Under Facebook, Inc. v. Duguid, 592 U.S. 395 (2021), the federal autodialer definition is limited to equipment using a random or sequential number generator. The federal prerecorded voice rules apply regardless of dialing equipment.

Chapter 481P's general rules still apply to automated calls that are "telemarketing." These include the opening disclosures, calling hours, the ring limit, and the company-specific do-not-call rule. The chapter defines "Telemarketing" as "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." HRS § 481P-1.

Text messages

Chapter 481P speaks of telephone calls. An "Outbound telephone call" "means a telephone call initiated by a seller or telephone solicitor to induce the purchase of goods or services." HRS § 481P-1. No Hawaii authority was located addressing whether a marketing text is a "telephone call" under chapter 481P.

Because § 481P-2(a)(11) incorporates the federal do-not-call rules, its reach to texts may follow federal law. The federal do-not-call rules apply to telemarketing text messages to wireless numbers. 47 C.F.R. § 64.1200(e). On the federal private action, the Seventh Circuit held in July 2026 that 47 U.S.C. § 227(c)(5) does not permit suits for unwanted text messages. Steidinger v. Blackstone Medical Services, No. 25-2398 (7th Cir. July 14, 2026).

Caller ID

No Hawaii caller ID rule for telemarketers was identified. The federal Truth in Caller ID Act, 47 U.S.C. § 227(e), and the caller ID transmission rule in 47 C.F.R. § 64.1601(e) apply.

Disclosures and opt-out

Opening disclosures. It is a violation to:

Fail to commence, within the first minute of an outbound telephone call, and complete within the first three minutes of the outbound call, and before payment is requested and prior to any solicitation, disclosure of the following

HRS § 481P-2(a)(1). The required disclosures are:

• "The true purpose of the telephone call";
• "The telephone solicitor's name and the company or entity on whose behalf the solicitation is being made"; and
• "The goods or services being offered." Id.

The federal rule requires similar disclosures "promptly." 16 C.F.R. § 310.4(d). Hawaii sets specific time limits.

Before payment. The telemarketer may not misrepresent or fail to disclose, "in a clear, conspicuous, and intelligible manner and before payment is received from the consumer," the following:

• "Total purchase costs to the consumer of the goods or services to be received";
• restrictions and conditions;
• "Any material term or condition of the seller's refund, cancellation, or exchange policy, including, if applicable, that no such policies exist";
• prize promotion terms, including the odds of winning;
• material aspects of investment opportunities; and
• quantity and quality of the goods or services. HRS § 481P-2(a)(2).

Misrepresentations. It is a violation to "Make a false or misleading statement with the purpose of inducing a consumer to pay for any goods or services." HRS § 481P-2(a)(5). It is also a violation to engage "in any other unfair or deceptive conduct that will create a likelihood of confusion or misunderstanding." HRS § 481P-2(c).

Contracts, payment, and cancellation

Express verifiable authorization. "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." HRS § 481P-1. Two related rules apply:

• A seller or telephone solicitor may not request or accept payment, or charge a consumer's credit or bank account, "before the telephone solicitor or seller receives from the consumer an express verifiable authorization." HRS § 481P-2(a)(6).
• The authorization must include, clearly and conspicuously: "YOU ARE NOT OBLIGATED TO MAKE ANY PAYMENT UNLESS YOU SIGN THIS CONFIRMATION AND RETURN IT TO THE SELLER." HRS § 481P-2(a)(7).

Hawaii's authorization must be written and covers credit and bank card accounts. The federal rule requires express verifiable authorization only for payment methods other than credit and debit cards, and it accepts recorded oral authorization. 16 C.F.R. § 310.3(a)(3).

Return policy alternative. No express verifiable authorization is required if the seller adopts and complies with a policy that "Affords the consumer at least seven days after the receipt of goods or services to review goods or services and return undamaged or unused goods or submit a cancellation of services notice." HRS § 481P-2(a)(6)(A). The policy must also process "the full refund within thirty days after receipt of returned merchandise or the cancellation of services notice." HRS § 481P-2(a)(6)(B). The seller must disclose the policy "orally by telephone, and in writing with any advertising or promotional material, and with delivery of the goods or services." HRS § 481P-2(a)(6)(C).

Voidable contracts. "A contract or agreement made as a result of telemarketing activity that violates this chapter is voidable by the consumer for any reason at any time and shall not be enforced against the consumer and any debt arising therefrom shall not be reported to a credit reporting agency." HRS § 481P-8.

Other prohibited practices. It is a violation to:

• "Procure the services of any professional delivery, courier, or other pick-up service to obtain immediate receipt or possession of a consumer's payment." HRS § 481P-2(a)(8).
• "Offer to consumers in the State any prize promotion, in which a purchase or payment is necessary to obtain the prize." HRS § 481P-2(a)(9).

Abusive practices include threats or profane language, credit repair fees before results are documented, recovery service fees before the money is returned, and advance fees for loans where "a high likelihood of success has been represented." HRS § 481P-3(1) to (4).

Recordkeeping

"Every telephone solicitor shall keep true and accurate records of all telemarketing activities initiated in this State or directed to consumers located in this State." HRS § 481P-4. "These records shall be retained for a period of two years after the date of any outbound telephone call initiated from, directed into, or within this State." Id. Required records include:

• calling locations;
• prior enforcement orders;
• solicitor identities;
• scripts;
• endorsements;
• substantiation for health claims;
• refund policies;
• confirmations and authorizations;
• training materials;
• do-not-call procedures and lists;
• seller and telephone solicitor contracts. Id.

"Fail to comply with the recordkeeping requirements of this chapter" is itself a violation. HRS § 481P-2(a)(10). The federal Telemarketing Sales Rule (TSR) requires recordkeeping for five years under 16 C.F.R. § 310.5.

Exemptions

Chapter 481P "shall not apply to":

• "A person who initiates telephone calls to a residence for the sole purpose of polling or soliciting the expression of ideas, opinions, or votes, or a person soliciting solely for a political or religious cause or purpose";
• registered securities professionals within the scope of registration;
• insured depository institutions, licensed nondepository loan companies, and their affiliates;
• insurance licensees selling insurance;
• accredited colleges and universities;
• qualifying catalog publishers;
• governmental entities;
• telecommunications and video providers regulated by the Public Utilities Commission (PUC) or the FCC, or under chapter 440G, though "Nothing herein shall be construed to preclude or preempt actions brought under any other laws including chapter 480";
• licensed real estate brokers and salespersons within the scope of the license;
• registered travel agencies. HRS § 481P-5.

Hawaii's chapter covers charitable solicitations. "Telemarketing" includes campaigns "to solicit funds or contributions." HRS § 481P-1. Charitable callers are not among the § 481P-5 exemptions, though calls solely for a "religious cause or purpose" are exempt.

Substantial assistance

"It is a violation of this chapter for any person to assist, support, or provide substantial assistance to any seller or telephone solicitor, where that person knows or should have known that the seller or telephone solicitor is engaged in any unlawful or deceptive practice defined within this chapter." HRS § 481P-2(b). This "should have known" standard is broader than the TSR's "knows or consciously avoids knowing" standard. 16 C.F.R. § 310.3(b).

Private right of action

"Any person who violates this chapter shall be deemed to have engaged in an unfair method of competition and unfair or deceptive act or practice in the conduct of any trade or commerce within the meaning of section 480-2." HRS § 481P-6.

Only certain persons may sue: "No person other than a consumer, the attorney general or the director of the office of consumer protection may bring an action based upon unfair or deceptive acts or practices declared unlawful by this section." HRS § 480-2(d).

"Any consumer who is injured by any unfair or deceptive act or practice forbidden or declared unlawful by section 480-2" may sue for damages and may seek an injunction. HRS § 480-13(b). "The relief provided in this chapter is in addition to remedies otherwise available for the same conduct under the common law or other state or federal statutes or rules." HRS § 481P-7.

Damages

A prevailing consumer "shall be awarded a sum not less than $1,000 or threefold damages by the plaintiff sustained, whichever sum is the greater, and reasonable attorney's fees together with the costs of suit." HRS § 480-13(b)(1).

For elders, the plaintiff "may be awarded a sum not less than $5,000 or threefold any damages sustained by the plaintiff, whichever sum is the greater." Id. The court considers the factors in § 480-13.5 in deciding whether to adopt the 5,000-dollar alternative. Id. An "elder" means "a consumer who is sixty-two years of age or older." HRS § 480-13.5(c).

The statute requires that the consumer be "injured" by the violation. No Hawaii decision was located addressing whether receipt of an unwanted telemarketing call alone is a sufficient injury under § 480-13(b).

Attorney fees

Fees are mandatory for a prevailing consumer: the plaintiff "shall be awarded" reasonable attorney's fees and costs. This applies both to damages actions and to injunction proceedings. HRS § 480-13(b)(1), (2).

Class action limits

Chapter 480 remedies apply in class actions, with limits. "The minimum $1,000 recovery provided in subsections (a) and (b) shall not apply in a class action or a de facto class action lawsuit." HRS § 480-13(c)(1). "That portion of threefold damages in excess of compensatory damages shall be apportioned and allocated by the court in its exercise of discretion so as to promote effective enforcement of this chapter and deterrence from violation of its provisions." HRS § 480-13(c)(3).

As a result, class members recover no statutory minimum. Threefold damages remain available, and the court allocates the portion in excess of compensatory damages. HRS § 480-13(c)(1), (3).

Statute of limitations

"Any action to enforce a cause of action arising under this chapter shall be barred unless commenced within four years after the cause of action accrues, except as otherwise provided in section 480-22." HRS § 480-24. "For the purpose of this section, a cause of action for a continuing violation is deemed to accrue at any time during the period of the violation." Id. Section 480-24 refers to causes of action arising under chapter 480. Because § 481P-6 makes a chapter 481P violation a § 480-2 violation, the four-year period likely applies, but no decision was located confirming that application.

Attorney General and OCP enforcement

"Any person, firm, company, association, or corporation violating any of the provisions of section 480-2 shall be fined a sum of not less than $500 nor more than $10,000 for each violation, which sum shall be collected in a civil action brought by the attorney general or the director of the office of consumer protection on behalf of the State." HRS § 480-3.1. "Each day that a violation of section 480-2 occurs shall be a separate violation." Id.

For violations directed at elders, a court "may impose a civil penalty not to exceed $10,000 for each violation" in addition to other penalties. HRS § 480-13.5(a).

Records must be made available on demand "to the department of commerce and consumer affairs, the attorney general, and any other governmental entity with authority to enforce this chapter." HRS § 481P-4.

Federal comparison

Hawaii's main additions to federal law are:

• the one-minute and three-minute disclosure deadlines;
• the ten-ring limit;
• the written payment authorization legend;
• voidable contracts;
• mandatory attorney's fees.

The TCPA has no fee shifting, so Hawaii's mandatory fee provision is a significant difference when state claims are asserted with federal claims. The 1,000-dollar minimum is stated per judgment for the plaintiff, not per call, and does not apply in class actions. In class litigation, the federal per-violation statutory damages are generally the larger exposure.

The National Registry violation in § 481P-2(a)(11) depends on a federal violation. A defense that defeats the federal do-not-call claim, such as an established business relationship, consent, or the safe harbor, would ordinarily also defeat the Hawaii claim under that paragraph. The company-specific rule in § 481P-3(7) and the hours rule in § 481P-3(8) stand on their own state-law text.

Case law

No published decision construing chapter 481P was located in govinfo searches for "481P," "481P-2," "481P-3," and "481P-6." No case law PDF is included.

Recent amendments

The chapter was enacted by Act 170 of 1999. Act 8 of 2004 added the National Do Not Call Registry violation in § 481P-2(a)(11). Act 19 of 2008 was a housekeeping act that corrected errors and references and clarified language in Volume 11 of the HRS; it touched §§ 481P-2, 481P-3, 481P-5, and 481P-6. The Legislative Reference Bureau's lists of bills enacted in the 2025 and 2026 regular sessions show no act amending chapter 481P. The four 2026 acts titled "Relating to Consumer Protection" (Acts 88, 224, 253, and 254) add new sections to chapter 481B and do not amend chapter 481P or §§ 480-2, 480-13, or 480-24.

Compliance checklist

• Begin required disclosures within the first minute of every outbound call to Hawaii and finish them within three minutes, before any solicitation: true purpose, caller and company names, and the goods or services offered.
• Call Hawaii residences only between 8:00 a.m. and 9:00 p.m. Hawaii time.
• Set dialers to stop ringing after no more than ten rings, while still meeting the federal minimum of 15 seconds or four rings.
• Scrub against the National Do Not Call Registry, and keep an internal do-not-call list with written procedures, staff training, and recorded lists to preserve the § 481P-3(7) error defense.
• Before charging a credit, debit, or bank account, obtain written express verifiable authorization bearing the statutory legend in capital letters, or adopt and disclose a 7-day review and 30-day refund policy.
• Do not use couriers to collect payment, and do not require any payment to obtain a prize.
• Retain scripts, authorizations, confirmations, do-not-call lists, training materials, and seller and telephone solicitor contracts for at least two years (five years under federal law).
• Vet sellers and lead sources, because liability for assisting violators attaches if you "should have known" of the violation.
• Treat charitable calling campaigns to Hawaii as covered by chapter 481P.

References

• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0001.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0002.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0003.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0004.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0005.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0006.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0007.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0481P/HRS_0481P-0008.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0480/HRS_0480-0002.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0480/HRS_0480-0003_0001.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0480/HRS_0480-0013.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0480/HRS_0480-0013_0005.htm
• https://data.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0480/HRS_0480-0024.htm
• https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH1999/SLH1999_Act170.pdf
• https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2004/SLH2004_Act8.pdf
• https://data.capitol.hawaii.gov/sessions/sessionlaws/Years/SLH2008/SLH2008_Act19.pdf
• https://lrb.hawaii.gov/wp-content/uploads/2025_Acts.pdf
• https://lrb.hawaii.gov/wp-content/uploads/2026_Acts.pdf
• https://www.ecfr.gov/current/title-47/chapter-I/subchapter-B/part-64/subpart-L/section-64.1200
• https://www.ecfr.gov/current/title-16/chapter-I/subchapter-C/part-310

This page summarizes state law for general informational purposes and is not legal advice. Statutes change; confirm current text with the official source before relying on it.