Hawaii Enacts New Law Targeting Misleading Unsolicited Mail and Email

The State of Hawaii has enacted House Bill 1511 (HB 1511) to curb deceptive, high-pressure marketing tactics. Signed by Governor Josh Green and effective immediately, the law prohibits businesses from distributing unsolicited mail or email designed to mislead consumers into believing the sender is affiliated with an unrelated third party—such as a government entity, mortgage servicer, or auto manufacturer.

Under HB 1511, any unsolicited marketing that might suggest such an affiliation and seeking payment for goods or services must include a clear and conspicuous notice printed in boldface, 14-point type stating that the sender has no affiliation with the third party and that any requested payment is entirely optional.

Any consumer contract entered into as a direct result of non-compliant marketing is legally voidable at the consumer’s discretion, requiring the business to issue a full refund of all funds collected.