For actions taken and agreements entered into on or after July 1, 2025, this bill, which enacts the "Safeguarding American Veteran Empowerment (SAVE) Act," applies all of the following:  Prohibits a person from receiving compensation for referring an individual to a person to advise or assist the individual with a veteran benefit matter.  Prohibits a person from receiving compensation for a service rendered in connection with a claim filed within the one year of a veteran's presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that the veteran is within such period and choosing to deny free services that are available to the veteran.  Requires a person who seeks to receive compensation for advising, assisting, or consulting with an individual in connection with a veteran benefit matter to, before rendering any services, memorialize the specific terms under which the amount to be paid will be determined in a written agreement signed by both parties.  Requires compensation to be contingent solely upon an increase in benefits awarded, and if successful, compensation must not exceed five times the amount of the monthly increase in benefits awarded based on the claim.  Prohibits a person from charging an initial or nonrefundable fee for advising, assisting, or consulting with an individual on a veteran benefit matter.  Prohibits a person from guaranteeing, either directly or by implication, a successful outcome or that an individual is certain to receive specific veteran benefits or a specific level, percentage, or amount of veteran benefits.  Requires a person advising, assisting, or consulting on veteran benefit matters for compensation to provide to each prospective veteran benefit matter client a specific disclosure, as described in this bill, at the outset of the business relationship, prior to entering into a written agreement.  Requires the written disclosure to appear in at least 12-point font in a conspicuous, easily identifiable place in the person's agreement with the individual seeking services. The individual must sign the document in which the written disclosure appears to represent understanding of the provisions. The person offering services must retain a copy of the written disclosure while providing veterans' benefits services for compensation to the individual and for at least one year after the date on which the service relationship terminates.  Requires a business that advises, assists, or consults on veteran benefit matters for compensation to (i) not utilize international call centers or data centers to process a veteran's personal information; (ii) not use a veteran's personal log-in, username, or password information to access the veteran's medical, financial, or government benefits information; and (iii) ensure that any individual who has access to a veteran's medical or financial information undergoes a background check prior to having access to such information. The background check must be conducted by a reputable source and include identity verification and a criminal record check. This bill provides that a violation of the provisions above constitutes a violation of the Tennessee Consumer Protection Act of 1977, and subjects such offender to the penalties and remedies as provided in that Act. Each day a violation continues constitutes a separate violation. However, this bill clarifies that it does not apply to, limit, or expand the requirements imposed on agents, attorneys, or other representatives accredited by the United States department of veterans affairs and regulated by that agency. ON MARCH 3, 2025, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 362, AS AMENDED. AMENDMENT #1 adds that the bill does not apply to public or nonprofit institutions of higher education in this state or any person receiving compensation from such institutions for advising, assisting, or consulting on veteran's benefits matters in the scope of the person's employment. ON MARCH 31, 2025, THE HOUSE SUBSTITUTED SENATE BILL 362 FOR HOUSE BILL 342, ADOPTED AMENDMENT #1, AND PASSED SENATE BILL 362, AS AMENDED. AMENDMENT #1 makes the following revisions:  Removes the provision prohibiting, if successful, compensation from exceeding five times the amount of the monthly increase in benefits awarded based on the claim.  Requires, if a court finds that a violation of the bill was willful or knowing, the court to award three times the actual damages sustained as a result of such violation.  Revises the provision describing what happens to funds collected as penalties for a violation of the bill to, instead, require such funds to be deposited into a special account earmarked solely for veteran suicide prevention. The department of mental health and substance abuse services must administer the fund. Unexpended funds in the account do not revert to the general fund and must be held in the account for use in accordance with the bill.  Adds a severability clause to the bill. ON APRIL 3, 2025, THE SENATE NON-CONCURRED IN HOUSE AMENDMENT #1.

Statutes affected:
Introduced: 47-18-104(b), 47-18-104