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Stephen Levins, executive director of the state Office of Consumer Protection (OCP), has recently graduated into the class of people especially protected by Hawaii’s laws against unfair or deceptive trade practices. Enhanced penalties are in place for violations affecting those age 62 and up.
But he generally doesn’t feel particularly vulnerable, in any case.
“I’m cynical, because that’s my job,” said Levins, now in the midst of his second stint in this position. “So if someone tells me they’re going to give me a free trip, or they want my personal information, I’m thinking, ‘No that doesn’t sound right to me.’ … People don’t necessarily think that, as adults, that someone has an ill motive, but a lot of people do.”
Levins’ most recent high-profile case is a lawsuit filed in state Circuit Court against manufacturers of Toyotas, Nissans and Fords, and against Takata Corp., makers of the air bags installed in those cars. But the complaints he and his staff field run the gamut of problems consumers encounter, most of which don’t lead to the courtroom.
Hawaii’s penalties are fairly stiff, he said, so most businesses facing complaints end up in a settlement to avoid that outcome.
The Rhode Island-born Levins got his law degree at Temple University. He and his wife took to Hawaii while on vacation and moved here; the couple has a grown son and daughter. Levins’ work has included private litigation but mostly is in the public sector, also ranging from the city Office of Corporation Counsel to the Office of the Attorney General (his son now is an attorney there).
Even with the vulnerability of “elders” in the era of internet scams, Levins finds the tech-savvy younger consumers at-risk, too — mostly because they are unconcerned about giving over their private information.
The best protection against a scam is an informed consumer, he said, and encourages calls to the Consumer Resource Center, 587-4272, and visits to the website (cca.hawaii.gov/ocp/complaint).
“There’s only so much you can do as a protector, as an enforcement authority — people really have to look out for themselves.”
QUESTION: On the most recent high-profile case: What was the genesis of the lawsuits over airbags? Did it start with the earlier case that included Honda?
ANSWER: In May 2016, Hawaii was the first state to file a separate lawsuit against Takata and Honda for unlawful practices in connection with the marketing and sales of vehicles with dangerous Takata airbags to Hawaii consumers. As a result of our ongoing investigation, the office believes that additional automakers —Toyota, Nissan and Ford — have also violated Hawaii law in the same manner, and as such, a second separate suit was filed against these companies last month.
OCP has been particularly focused on this alleged misconduct because Hawaii residents are at greater risk of injury and even death from the dangerous airbags because the chemical propellant in the airbags is more likely to break down and explode in hot and humid climates like Hawaii’s.
We strongly encourage consumers to check www.safercar.gov or to contact their car dealer to determine whether their car has been recalled. If it has, consumers should contact their dealer as soon as possible to make an appointment to get their car fixed for free.
Q: Do cases involving international companies present complications? Does the office ordinarily focus on companies based in Hawaii?
A: OCP is committed to protecting Hawaii consumers from alleged illegal conduct whether the conduct emanates locally or anywhere in the country or the world. … Our office regularly joins with other state authorities in bringing enforcement actions which has resulted in Hawaii receiving millions of dollars for consumers from alleged perpetrators of unlawful conduct.
Q: Is the work of your office generally driven by consumer complaints, or do you investigate problems independently?
A: OCP carefully examines every consumer complaint that is submitted to the office. …
OCP investigators also proactively go on site visits to monitor compliance with Hawaii’s consumer protection laws. Additionally, OCP often becomes aware of consumer protection concerns through its confidential working relationships with other state and federal law enforcement authorities.
Q: What is the agency’s workload like in terms of consumer complaints that come in? And what staffing or other resources do you have for handling all this?
A: The number of consumer complaints received by OCP directly correlates with the frequency of unlawful business activity affecting Hawaii consumers. Improper commercial conduct of one business can result in hundreds or even thousands of consumer complaints.
For example, over the past few years we have received scores of consumer complaints in matters relating to misrepresentations in advertising, unredeemed gift cards, security breaches, credit card fraud, mortgage rescue fraud, and telemarketing fraud.
OCP has a team of investigators and enforcement attorneys who review complaints and prosecute violators of Hawaii’s consumer protection laws. The office annually receives thousands of inquiries and complaints. In addition to its enforcement duties, OCP manages the Hawaii Residential-Landlord Tenant Information Center, which provides information on Hawaii’s landlord code to callers.
Q: In the typical consumer complaint, what needs to happen before an investigation is warranted? Is there a way complainants could better prepare, something they should know before they call?
A: If the face of a consumer complaint reveals a possible violation of a consumer protection law that OCP enforces, it will be investigated. Matters that are within the realm of other law enforcement agencies will be referred to the appropriate office. It is very helpful if a complainant has all of the appropriate documentation substantiating their complaint at the time that they initiate contact with the office.
Q: In addition to responding to complaints, is there outreach to consumers and businesses, or anything proactive the office does to anticipate problems?
A: The office issues press releases on a variety of consumer topics, distributes written material, and regularly conducts media interviews to highlight issues as they arise.
The office also provides consumer information through its website and its Consumer Dial Information Service, in which interested persons may call 24 hours a day and receive information on a variety of topics. …
Most recently, OCP has focused on the growing problems of identity theft, data breaches and mortgage rescue fraud by providing important information to Hawaii residents on what they can do to avoid becoming victim of identity theft or mortgage rescue schemes.
Q: How has the nature of your work changed over time? Has technology, for example, made scams much more pervasive?
A: I’ve been doing consumer protection work for almost three decades, during which, the nature of the work has changed considerably. When I started, everyone shopped at brick-and-mortar stores and the internet was in its infancy.
Since that time, ecommerce has grown exponentially, and unfortunately, so have opportunities for fraudsters. Scammers learned early on that the internet was a gold mine for swindling people. People are victimized every day with phony emails, identity-theft schemes, apartment rental scams, bogus offers to fix your computer, and IRS scams.
Because of this, now more than ever, consumers need to be the first line of defense. They should guard their privacy and if something doesn’t sound quite right, refrain from dealing with shady sales people, whether it’s online, in person, over the phone, or through the mail.
Remember, there is nothing wrong with telling someone you need to take some time to think about it before parting with your money. The old adage that “if it sounds too good to be true, it probably is,” is often correct.
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