RELATING TO CONSUMER PROTECTION.
HB1511 adds a new consumer protection provision to Hawaii law aimed at unsolicited mail and email that uses high-pressure tactics or is likely to mislead consumers into thinking the sender is affiliated with another entity. The bill focuses on solicitations involving vehicle warranties and service contracts, home warranties, and renewals of government-issued licenses or registrations. It prohibits these communications unless they include clear, conspicuous disclosures stating that the sender is not affiliated with the referenced entity and that the requested payment is optional.
The bill also specifies the required disclosure language and formatting, including boldface, 14-point type and placement designed to attract attention. If the required disclosure is missing, any resulting contract is voidable at the consumer’s option and any money paid must be refunded in full. The measure includes exceptions for legitimate communications by entities about their own goods or services, and for insurers, warranty providers, service contract providers, and their authorized representatives communicating with existing customers.
In practical terms, the bill amends Chapter 481B, Hawaii Revised Statutes, by creating a new section governing deceptive or misleading unsolicited mail and electronic mail. It defines key terms such as “affiliated,” “high pressure tactics,” and “unsolicited,” and ties several industry terms to existing statutory definitions. The law is intended to curb deceptive marketing practices while preserving ordinary business communications that are not misleading.
The overall sentiment reflected in the bill’s legislative history is strongly supportive and noncontroversial. The Senate Commerce and Consumer Protection Committee, Senate Judiciary Committee, and conference committees all passed the measure unanimously or without opposition, and the bill ultimately became Act 088 on June 5, 2026. The lack of recorded opposition suggests broad agreement that the bill addresses consumer deception without imposing undue burdens on legitimate businesses.
The main point of contention addressed by the bill is the risk of consumers being misled by mailers that appear to come from a vehicle dealer, insurer, mortgage-related entity, or government agency when they do not. The bill draws a line between deceptive solicitations and legitimate reminders or service communications, which helps protect consumers while limiting the reach of the prohibition. No significant opposition is reflected in the available committee or vote history.
HB1511 creates a new consumer protection offense within Chapter 481B, Hawaii Revised Statutes, regulating unsolicited mail and email that impersonates or appears affiliated with vehicle, mortgage, insurance, or government-related entities. It imposes disclosure requirements on certain solicitations and gives consumers a statutory remedy to void contracts and obtain refunds when the required disclosures are omitted. The bill affects businesses engaged in direct mail and email marketing, especially those offering warranties, service contracts, or license and registration renewal services, while preserving communications by legitimate providers and authorized representatives.
The bill appears to have received broad bipartisan and committee support throughout the legislative process. Recorded votes in the Senate Commerce and Consumer Protection Committee, Senate Judiciary Committee, and conference committees were unanimous, and the measure was enacted as Act 088. The available record suggests the bill was viewed as a straightforward consumer protection measure with limited controversy.
The central concern addressed by HB1511 is deceptive solicitation that may pressure consumers into paying for unnecessary or optional services by implying an affiliation with a trusted company or government agency. Supporters likely viewed the bill as necessary to stop misleading marketing practices, while the bill itself carefully preserves legitimate communications and existing customer relationships to avoid overbreadth. No formal opposition or major dispute is reflected in the available transcripts or vote history, indicating little recorded contention.