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GM 1188

Informing the Legislature that on June 5, 2026, the Governor signed the following bill into law: HB1511 HD2 SD1 CD1 (ACT 088).

2026 Regular Session

Hawaii bans unsolicited misrepresentations or high-pressure offers for vehicle/home warranties and government license renewals, making contracts voidable with full refunds.

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Bill Summary · GM 1188

Summary of GM 1188 (HB1511, HD2, SD1, CD1) — Hawaii, 2026

Purpose and intent

  • Enacted law: The bill was signed into law as Act 088 on June 5, 2026.
  • Core aim: Strengthen consumer protection by regulating unsolicited mail and electronic mail (spam) that uses high-pressure tactics or misleads recipients into thinking the sender is affiliated with another entity, in order to solicit payments for warranties, service contracts, or government license renewals.

Key provisions and changes

  • New statutory provision added to Hawaii Revised Statutes, Chapter 481B, Part I:
    • Section §481B- U n a ffilia tand u n so licitem a il a nd e le c t r o mail (new section):
    • Prohibition: No entity may send unsolicited mail or email that employs high-pressure tactics or that leads a consumer to believe the sender is affiliated with another entity it is not actually affiliated with, when the solicitation asks for payment for:
      • (1) Vehicle-related items: extending a vehicle warranty or purchasing a service contract, and misrepresenting affiliation with a vehicle manufacturer, new/used motor vehicle dealer, or an insurance company.
      • (2) Home-related items: mortgage loan originator/originator company/servicer or an insurance company asking for money to extend a home warranty.
      • (3) Government-related: a federal, state, or county government or agency asking for payment to renew a government-issued license or registration.
    • Remedies: If such a misrepresented unsolicited offer occurs, the resulting contract is voidable at the consumer’s option, and any money paid must be refunded in full.
    • Required clear and conspicuous statement (bold, 14-point type) in such solicitations, explaining:
    • Non-affiliation with the referenced entity.
    • Optional nature of the requested payment or renewal.
    • For vehicle warranties/services: explicitly state non-affiliation, optionality, and that consumer rights/benefits are unaffected by not contacting the offeror.
    • For home warranties: same three points (non-affiliation, optionality, and rights unchanged).
    • For government license/registration renewals: non-affiliation, optionality, and no impact on existing license/registration.
    • Timing and presentation: The required disclosure must be clearly visible in a location calculated to draw attention.
    • Exclusions and clarifications:
    • The law does not prohibit legitimate, non-high-pressure communications about goods/services or government-issuing matters, provided they do not create misperceived affiliation.
    • It does not prohibit insurers/warranty/service contract providers from communicating with existing customers about policies/warranties they issue or administer.
    • Definitions provided:
    • “Affiliated” means a person/entity expressly authorized by the insurer/warranty/service-contract issuer to act on its behalf for a specific policy/warranty/service contract; excludes relationships arising solely from common ownership, branding, marketing arrangements, or indirect connections.
    • “Unsolicited” means no prior business relationship or no consumer request/consent.
    • Key terms for scope: “Vehicle manufacturer,” “New/Used motor vehicle dealer,” “Mortgage loan originator/originator company/servicer,” “Affiliated,” “High pressure tactics,” etc., mirror existing Hawaii definitions with cross-references to relevant statutory sections.
  • Effective date: The act takes effect upon approval (i.e., immediately after signing into law).

Who/what is affected

  • Entities that send unsolicited mail or electronic mail (spam) to Hawaii consumers requesting payment for:
    • Vehicle warranties or service contracts.
    • Home warranties or extensions related to mortgage products.
    • Renewal of government-issued licenses/registrations.
  • Consumers in Hawaii are the primary protected party.
  • Insurers, warranty providers, service contract providers, mortgage originators, mortgage servicers, vehicle manufacturers, and motor vehicle dealers may be impacted in their solicitation practices to ensure compliance.

Procedural and timeline aspects

  • Legislative history: Passed both chambers and transmitted to the Governor, who signed on June 5, 2026 (Act 088).
  • Effective immediately upon the Governor’s approval.
  • Civil/contractual remedy: Contracts entered into as a result of prohibited solicitations are voidable at the consumer’s option, with full refunds mandated.

Practical implications

  • Businesses must review and revise marketing and renewal communications to avoid high-pressure tactics or misrepresenting affiliations.
  • Clear disclosures must be prominently displayed in any unsolicited offer related to warranties, service contracts, home warranties, or government license renewals.
  • Consumers gain a clearer path to void contracts and recover funds when they are targeted by misleading unsolicited solicitations.

Compiled from official sources — confirm details with the bill’s official record.

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