FAQ's

The Office of Consumer Protection is a division of the State of Hawaii Department of Commerce and Consumer Affairs, created in 1969 to protect the interests of consumers and legitimate businesses. The primary purpose of the office is to promote fair and honest business practices by investigating alleged violations of consumer protection laws, by taking legal action to stop unfair or deceptive practices in the marketplace, and by educating the consumer public and businesses regarding their respective rights and obligations.

OCP handles a wide variety of complaints, including:

• Unfair or deceptive acts or practices
• Deceptive advertising
• Door to door sales
• Mail order purchases
• Health clubs
• Refunds and exchanges
• Motor vehicle rental

OCP’s staff includes attorneys, investigators, and other support personnel, and is headed by its Executive Director

OCP knows that an informed consumer is his or her own best protection against being victimized. To this end, OCP assists in organizing, promoting, and conducting consumer education programs within the state.

OCP also collects and compiles information on consumer complaints and inquiries, and makes those records available for public review upon request.  Summary information for complaints is also available over the phone 1-844-808-DCCA (3222) or online .

OCP also maintains the Landlord-Tenant Information Center, which is staffed by investigators and volunteers. Interested parties can call the center to obtain information on Hawaii’s Residential Landlord-Tenant Code.

Complaints are reviewed to determine whether investigation or legal action is appropriate based upon a possible violation of law. Specific cases are then investigated by OCP staff to determine whether violations have in fact occurred. An OCP investigator may speak to you, the business and other relevant witnesses in order to get a complete understanding of the situation. If the investigation provides evidence that a violation of law has occurred, the complaint may be referred to OCP’s legal section for review and possible legal action.

No. As a state agency, OCP does not charge a fee for its services; however there are nominal fees to obtain photocopies of documents.

Yes. There are various federal, state and county agencies which are charged with specific consumer protection responsibilities. If your complaint or inquiry falls within the jurisdiction of one of these agencies, OCP will assist in directing your complaint or inquiry to the proper enforcement agency.

No. As a government agency, OCP cannot recommend particular businesses to consumers. However, OCP does maintain records of consumer complaints against businesses for five years after the case is closed. OCP’s closed complaint files are available for public review and may help consumers make more informed decisions. If you wish to review complaint records on a particular business, call first to determine whether complaints have been filed and make an appointment to review the records. OCP also provides a summary of complaint records over the telephone (587-4272) and online . Complaints under investigation or litigation are not available for inspection until the investigation or litigation is completed.

OCP initiates legal actions on behalf of consumers generally, but does not represent individual complainants as their private counsel. OCP does not have criminal prosecutorial powers. OCP cannot arrest alleged wrongdoers or seize their property based upon your complaint or upon any lawsuit filed by the office.

In an appropriate case, the office may file a civil lawsuit to stop specific unfair or deceptive acts or practices based on your complaint. OCP’s primary goal will be to obtain a court order to prevent or stop illegal conduct on behalf of the consumer public. Secondarily, OCP will also seek to obtain restitution for complainants and civil penalties.

In 2023, the Legislature considered a bill to impose a cap on the costs of a tenant screening fee. During the session, the Legislature removed the cap on costs. The law addresses the problem of landlords charging applicants more than the actual cost of a tenant screening fee to obtain information about the applicant. Under the new law, charges that exceed the costs of obtaining information about the applicant must be returned to the applicant.

The provision authorizing landlords and their agents to charge a tenant screening fee to cover the costs of obtaining information about an applicant takes effect on May 1, 2024.

“Landlord’ means the owner, lessor, sublessor, assigns or successors in interest of the dwelling unit or the building of which it is a part and in addition means any agent of the landlord.” HRS § 521-8.

No, the new law does not require a landlord to charge a tenant screening fee to any person who is applying to rent their residential property. Many landlords consider the costs of tenant screening to be costs that will be paid for out of the rent collected on the property. If you are a landlord and are considering renting out your property, you may wish to review the rental application forms used by your real estate licensee. If any provision of a contract between you and your real estate licensee requires you to charge a tenant screening fee, that provision may be unenforceable or void as a matter of public policy.

The new law allows tenant screening fees to be charged to an applicant who is eighteen years of age or older or an emancipated minor.

The law does not define who is, and who is not, an applicant. One commonly cited legal reference defines an applicant as “someone who requests something; a petitioner, such as a person who applies for letters of administration.” Applicant, Black’s Law Dictionary (11th ed. 2019). Relying on that definition, an applicant for rental housing may be an individual who submits an application for rental housing.

State law provides two different definitions for the term emancipated minor. The first is “a person under eighteen years of age who is totally self-supporting.” HRS § 327E-2. The second is “an individual less than eighteen years of age who is deemed to be emancipated pursuant to section 577-25,” which provides that a minor who has been lawfully married “shall be deemed to be emancipated.” HRS § 327G-2. One commonly cited legal reference defines an emancipated minor as “a minor who is self-supporting and independent of parental control, usu. as a result of a court order.”