Unfair and Deceptive Acts and Practices: 12.2.3 Private Cause of Action Issues in Hawaii
In 1999, the Hawaii Supreme Court interpreted its UDAP statute as allowing a private cause of action for consumer claims of unfair and deceptive practices, but not for anti-competitive conduct.50 A 2002 legislative amendment overruled this decision, allowing consumers to bring UDAP claims for violation of both prohibitions.51 A consumer can base a UDAP claim on violation of another statute even if enforcement of that statute is committed to a state official.52