Hawaii AG / DCCA OCP and CFPB Complaint Pack

HAWAII DCCA OFFICE OF CONSUMER PROTECTION AND CFPB COMPLAINT PACK

TABLE OF CONTENTS

1. Pre-Filing Checklist
2. Part A — Hawaii DCCA / OCP Complaint
3. Part B — CFPB Complaint
4. Part C — Master Exhibit List
5. Part D — Cover Letter to the Company
6. Hawaii Practice Notes
7. Sources and References

1. PRE-FILING CHECKLIST

• ☐ Identify the precise legal entity (corporation / LLC / trade name) that committed the violation; pull the DCCA Business Registration record at https://hbe.ehawaii.gov/.
• ☐ Confirm professional licensure (collection agency, mortgage servicer, money transmitter) on https://pvl.ehawaii.gov/pvlsearch/ and note the license number.
• ☐ Gather all exhibits (contracts, statements, dunning letters, ads, emails, screenshots, voicemails, call logs).
• ☐ Redact full Social Security numbers and full account numbers (last 4 only).
• ☐ Calculate the amount in controversy (out-of-pocket loss, fees, interest, lost time at hourly rate, and emotional-distress narrative).
• ☐ Decide forum strategy: (1) DCCA OCP only; (2) CFPB only; (3) both in parallel (recommended for debt collection / credit reporting / mortgage).
• ☐ Preserve the FCRA / FDCPA / HRS § 480-2 / HRS ch. 443B claims by sending dispute letters BEFORE the regulatory complaint.
• ☐ Calendar response deadlines (CFPB typically gives the company 15 days for an initial response and 60 days for a final response).
• ☐ Save certified-mail receipts and online confirmation numbers; the regulatory file becomes evidence in any later HRS § 480-13 lawsuit.

2. PART A — HAWAII DCCA / OCP COMPLAINT

2.1 Complaint Header

STATE OF HAWAII

DEPARTMENT OF COMMERCE AND CONSUMER AFFAIRS

OFFICE OF CONSUMER PROTECTION

Leiopapa A Kamehameha Building, 235 S. Beretania Street, Suite 801, Honolulu, HI 96813

Date: [DATE]

2.2 Statement of Facts

I, [CONSUMER NAME], hereby file this complaint with the Hawaii DCCA Office of Consumer Protection regarding unfair or deceptive acts or practices committed by the above-named business in violation of Haw. Rev. Stat. § 480-2 and related statutes.

The facts are as follows:

2.2.1. Transaction. On [DATE], I [engaged in / was solicited for / received a communication regarding] [describe transaction or interaction] with the subject business. [Describe how the transaction was initiated — in person, online, by phone, by mail, in response to advertising.]

2.2.2. Representations. The business represented that [describe the express or implied representations made — quality, price, identity of goods or services, payment terms, delivery, refund policy, professional licensure]. [Quote or attach the relevant advertisement, contract, or communication as Exhibit __.]

2.2.3. What Actually Happened. Contrary to those representations, [describe what occurred — failure to deliver, defective goods, undisclosed fees, misleading terms, unauthorized charges, refusal to refund, harassment, threats, etc.].

2.2.4. Communications Attempted. I attempted to resolve this directly with the business on [DATES] by [in person / phone / certified mail / email]. The business [refused / failed to respond / responded inadequately as follows: …].

2.2.5. Harm. As a result, I have suffered economic damages of approximately $[AMOUNT], comprising [itemize: amounts paid, fees, interest, replacement costs, lost wages, postage], plus non-economic damages including [anxiety, time lost, embarrassment, credit-report harm, etc.].

2.3 Statutes Implicated

• ☐ Haw. Rev. Stat. § 480-2 — Unfair or deceptive acts or practices in trade or commerce.
• ☐ Haw. Rev. Stat. ch. 443B — Collection Agencies (if debt collector unlicensed or abusive).
• ☐ Haw. Rev. Stat. ch. 480D — Debt Collection Practices.
• ☐ Haw. Rev. Stat. ch. 481B — Unfair and Deceptive Practices (false advertising / pyramid / chain referral / out-of-state-listed firms).
• ☐ Haw. Rev. Stat. ch. 481A — Uniform Deceptive Trade Practices Act.
• ☐ Haw. Rev. Stat. ch. 487N — Security Breach of Personal Information.
• ☐ Haw. Rev. Stat. ch. 487J — Social Security Number Protection.
• ☐ [Other — specify].

2.4 Relief Requested from OCP

• ☐ Investigation of the business's practices;
• ☐ Mediation or informal resolution to obtain refund / cancellation / cure;
• ☐ Administrative or civil enforcement action under HRS § 487-13 / § 480-3.1, including civil penalties and restitution;
• ☐ Referral to the Regulated Industries Complaints Office (RICO) if the business is licensed by DCCA;
• ☐ Coordination with criminal authorities if facts warrant under HRS ch. 708 (theft, identity theft, or fraud).

2.5 Sworn Statement

I declare under penalty of perjury under the laws of the State of Hawaii (HRS § 710-1062) that the foregoing is true and correct to the best of my knowledge.

[________________________________]

[CONSUMER NAME] | Date: [__/__/____]

3. PART B — CFPB COMPLAINT

3.1 Complaint Header

CONSUMER FINANCIAL PROTECTION BUREAU

P.O. Box 27170, Washington, DC 20038

(855) 411-2372 | https://www.consumerfinance.gov/complaint/

Date: [DATE]

3.2 Narrative (Online "What Happened" Field — 4,000-Character Limit)

On [DATE], [describe the financial product or service at issue and the company's role]. The company engaged in the following conduct that I believe violates federal consumer financial law:

3.2.1. [Specific act 1 — e.g., calling repeatedly after written cease-and-desist; date(s); witness if any];

3.2.2. [Specific act 2 — e.g., furnishing inaccurate information to credit bureaus despite written dispute under 15 U.S.C. § 1681s-2(b)];

3.2.3. [Specific act 3 — e.g., charging undisclosed fees in violation of TILA].

I have already (☐ contacted the company in writing on [DATE]; ☐ disputed with the credit bureaus on [DATE]; ☐ filed a complaint with the Hawaii Office of Consumer Protection on [DATE]). The company's response, if any, was [summarize].

I request that the CFPB:

• ☐ Forward the complaint to the company and require a substantive written response;
• ☐ Investigate any pattern or practice;
• ☐ Coordinate with state regulators (DCCA OCP) and, if appropriate, the Federal Trade Commission;
• ☐ Provide me with a copy of the company's response.

I authorize the CFPB to share my complaint and supporting documents with the company and with relevant state and federal agencies.

3.3 Federal Statutes Implicated

• ☐ Fair Debt Collection Practices Act, 15 U.S.C. §§ 1692-1692p;
• ☐ Fair Credit Reporting Act, 15 U.S.C. §§ 1681-1681x;
• ☐ Truth in Lending Act, 15 U.S.C. §§ 1601-1667f;
• ☐ Real Estate Settlement Procedures Act, 12 U.S.C. §§ 2601-2617;
• ☐ Equal Credit Opportunity Act, 15 U.S.C. §§ 1691-1691f;
• ☐ Electronic Fund Transfer Act, 15 U.S.C. §§ 1693-1693r;
• ☐ Consumer Financial Protection Act, 12 U.S.C. § 5536 (UDAAP);
• ☐ Reg. F (Debt Collection), 12 C.F.R. Part 1006;
• ☐ Reg. V (FCRA), 12 C.F.R. Part 1022;
• ☐ Reg. Z (TILA), 12 C.F.R. Part 1026.

3.4 Sworn Statement

I declare under penalty of perjury under the laws of the United States of America (28 U.S.C. § 1746) that the foregoing is true and correct.

Executed on [DATE] at [CITY], Hawaii.

[________________________________]

[CONSUMER NAME]

CFPB Confirmation Number (assigned): [________________________________]

4. PART C — MASTER EXHIBIT LIST

5. PART D — COVER LETTER TO THE COMPANY

To: [COMPANY LEGAL NAME]

Attn: General Counsel / Compliance / Consumer Affairs

[STREET ADDRESS]

Date: [DATE]

Sent via U.S.P.S. Certified Mail, Return Receipt Requested. Tracking No. [____]

RE: Notice of Regulatory Complaints — Hawaii DCCA Office of Consumer Protection (filed [DATE]) and U.S. Consumer Financial Protection Bureau (Confirmation No. [____])

This letter provides notice that I have filed parallel complaints concerning your business practices with:

• (1) Hawaii DCCA Office of Consumer Protection — File No. [] (assigned upon intake); and
• (2) U.S. Consumer Financial Protection Bureau — Confirmation No. [].

I demand cure of the conduct described in the attached complaints within thirty (30) days of receipt of this letter, including:

• ☐ Refund of $[AMOUNT];
• ☐ Cancellation of the disputed account / charges;
• ☐ Deletion of inaccurate credit-bureau reporting;
• ☐ Cessation of all collection or other unfair conduct;
• ☐ Written confirmation of the foregoing.

If the matter is not resolved within thirty (30) days, I intend to pursue all available legal remedies, including a private civil action under Haw. Rev. Stat. § 480-13 for the greater of $1,000 or treble actual damages plus attorney's fees and costs, and any applicable federal claims under the FDCPA, FCRA, TILA, RESPA, ECOA, or EFTA.

Respectfully,

[________________________________]

[CONSUMER NAME]

Address: [STREET, CITY, HI ZIP]

Phone / Email: [NUMBER / EMAIL]

cc: Hawaii DCCA Office of Consumer Protection; CFPB

6. HAWAII PRACTICE NOTES

• OCP, not the AG. Hawaii's "AG consumer protection" function is the DCCA Office of Consumer Protection, established under HRS ch. 487. Most consumer UDAP complaints should go to OCP (235 S. Beretania St., Suite 801, Honolulu; (808) 587-4272). The Department of the Attorney General handles charitable-trust, antitrust, and criminal-fraud matters; OCP handles individual consumer cases.
• RICO vs. OCP. If the target is a DCCA-licensed professional (real-estate broker, contractor, mortgage originator, etc.), the matter may be referred to the Regulated Industries Complaints Office (RICO), 235 S. Beretania St., 9th Floor, Honolulu. Filing with OCP first does not preclude RICO involvement.
• OCP enforcement powers. OCP can mediate, sue under HRS § 487-14, seek civil penalties of up to $10,000 per violation under HRS § 480-3.1, and recover restitution and injunctive relief. The OCP file becomes valuable evidence and can be subpoenaed in subsequent HRS § 480-13 civil litigation.
• Statute of limitations. HRS § 480-13 actions: four years from accrual under HRS § 480-24. Filing the OCP complaint does NOT toll private SOLs; preserve all civil claims separately.
• CFPB strategy. CFPB complaints are forwarded to the company within 15 days; companies typically respond within 60 days. CFPB's Consumer Complaint Database is public and discoverable; many regulated entities settle to avoid pattern-and-practice scrutiny.
• Treble damages. HRS § 480-13(b)(1) provides the greater of $1,000 or threefold actual damages plus attorney's fees and costs to consumers — not 3x compensatory + 1x compensatory.
• Coordination with FTC. Where conduct involves interstate marketing, also consider FTC ReportFraud.ftc.gov; FTC and OCP routinely share data.
• Class-action coordination. If the conduct affects many Hawaii consumers, alert the OCP — it may decline to mediate individual cases but pursue a multi-defendant action.
• Neighbor-island filings. OCP maintains satellite offices in Hilo (Hawaii Island) and Wailuku (Maui). Filings can be initiated at any office; intake is centralized.
• Confidentiality. OCP investigative files are generally confidential under HRS § 92F (Uniform Information Practices Act) but become discoverable through subpoena once litigation is filed.

7. SOURCES AND REFERENCES

• DCCA Office of Consumer Protection — https://cca.hawaii.gov/ocp/
• OCP file-a-complaint portal — https://web2.dcca.hawaii.gov/ocpcomplaint/
• DCCA Regulated Industries Complaints Office (RICO) — https://cca.hawaii.gov/rico/
• Haw. Rev. Stat. ch. 487 (Office of Consumer Protection) — https://www.capitol.hawaii.gov/hrscurrent/Vol11_Ch0476-0490/HRS0487/
• Haw. Rev. Stat. § 480-2 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0002.htm
• Haw. Rev. Stat. § 480-13 — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480/hrs_0480-0013.htm
• Haw. Rev. Stat. ch. 443B (Collection Agencies) — https://www.capitol.hawaii.gov/hrscurrent/Vol10_Ch0436-0474/HRS0443B/HRS_0443B-.htm
• Haw. Rev. Stat. ch. 480D (Debt Collection) — https://www.capitol.hawaii.gov/hrscurrent/vol11_ch0476-0490/hrs0480d/
• Hawaii Department of the Attorney General — https://ag.hawaii.gov/
• Consumer Financial Protection Bureau complaint portal — https://www.consumerfinance.gov/complaint/
• CFPB Consumer Complaint Database — https://www.consumerfinance.gov/data-research/consumer-complaints/
• 12 U.S.C. § 5536 (UDAAP) — https://www.law.cornell.edu/uscode/text/12/5536
• FTC ReportFraud — https://reportfraud.ftc.gov/

Disclaimer: This template is provided for informational purposes only and does not constitute legal advice. An attorney licensed in Hawaii must review and customize this package before submission to ensure that it preserves all civil claims and complies with current agency procedures. Laws, citations, and intake procedures change frequently; verify all authorities before filing.