This bill establishes a new chapter titled "Veterans' Protection" within the existing "Deceptive Trade Practices" law, aimed at safeguarding veterans seeking disability benefits from unethical conduct and the collection of fees by individuals advising or assisting them in filing claims with the Department of Veterans Affairs.
The bill introduces definitions for key terms, including "compensation," which refers to any payment or financial benefit, and "veterans benefits matter," which encompasses the preparation, presentation, or prosecution of claims related to veterans' benefits. It prohibits any person from receiving compensation for assisting veterans with these matters unless authorized under Title 38 of the United States Code. Additionally, it prohibits compensation for referring veterans to others for assistance with their claims.
The bill also outlines ethical standards that individuals providing assistance must follow, including guidelines on advertising, client solicitation, confidentiality, duty of care, duty of honesty, and the obligation to act in the best interest of the client. Violations of these provisions are classified as unfair or deceptive acts, subjecting violators to civil penalties as defined in the existing deceptive trade practices law. Furthermore, any contract or agreement that violates these prohibitions will be considered void and unenforceable.
The act is set to take effect on March 31, 2026.
Statutes affected: 5043: 6-13.1-1
5043 SUB A: 6-13.1-1