Villon v. Marriott Hotel Services, Inc.

Concurring and Dissenting Opinion by

ACOBA, J.,

with whom Circuit Judge CHAN, joins.

I reaffirm that because a violation of Hawaii Revised Statutes (HRS) § 481B-14 (Supp.2000) 1 which requires that a hotel or restaurant service charge be distributed to employees as tip income or that the contrary be disclosed to consumers, is “deemed” to be an unfair method of competition (also UMOC herein) under HRS § 481B-4 (Supp.2008),2 and thus “unlawful” under HRS § 480-2 (Supp.2002),3 employees as injured “persons” and consumers may sue for damages pursuant to HRS § 480-13 (Supp.2005),4 without alleging…