law25306

Chapter 306

2025 -- S 0071 SUBSTITUTE A AS AMENDED
Enacted 06/30/2025

A N A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- DECEPTIVE TRADE PRACTICES

Introduced By: Senators Felag, Ciccone, Tikoian, Britto, and Lauria

Date Introduced: January 23, 2025

It is enacted by the General Assembly as follows:

SECTION 1. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled "Deceptive

Trade Practices" is hereby amended to read as follows:

6-13.1-1. Definitions.

As used in this chapter:

(1) “Documentary material” means the original or a copy of any book, record, report,

memorandum, paper, communication, tabulation, map, chart, photograph, mechanical

transcription, or other tangible document or recording wherever situated.

(2) “Examination” of documentary material includes the inspection, study, or copying of

any documentary material, and the taking of testimony under oath or acknowledgment in respect

of any documentary material or copy of any documentary material.

(3) “Person” means natural persons, corporations, trusts, partnerships, incorporated or

unincorporated associations, and any other legal entity.

(4) “Rebate” means the return of a payment or a partial payment that serves as a discount

or reduction in price.

(5) “Trade” and “commerce” mean the advertising, offering for sale, sale, or distribution

of any services and any property, tangible or intangible, real, personal, or mixed, and any other

article, commodity, or thing of value wherever situate, and include any trade or commerce directly

or indirectly affecting the people of this state.

(6) “Unfair methods of competition and unfair or deceptive acts or practices” means any

one or more of the following:

(i) Passing off goods or services as those of another;

(ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship,

approval, or certification of goods or services;

(iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection,

or association with, or certification by, another;

(iv) Using deceptive representations or designations of geographic origin in connection

with goods or services;

(v) Representing that goods or services have sponsorship, approval, characteristics,

ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship,

approval, status, affiliation, or connection that he or shethe person does not have;

(vi) Representing that goods are original or new if they are deteriorated, altered,

reconditioned, reclaimed, used, or secondhand; and if household goods have been repaired or

reconditioned, without conspicuously noting the defect that necessitated the repair on the tag that

contains the cost to the consumer of the goods;

(vii) Representing that goods or services are of a particular standard, quality, or grade, or

that goods are of a particular style or model, if they are of another;

(viii) Disparaging the goods, services, or business of another by false or misleading

representation of fact;

(ix) Advertising goods or services with intent not to sell them as advertised;

(x) Advertising goods or services with intent not to supply reasonably expectable public

demand, unless the advertisement discloses a limitation of quantity;

(xi) Making false or misleading statements of fact concerning the reasons for, existence of,

or amounts of price reductions;

(xii) Engaging in any other conduct that similarly creates a likelihood of confusion or of

misunderstanding;

(xiii) Engaging in any act or practice that is unfair or deceptive to the consumer;

(xiv) Using any other methods, acts, or practices that mislead or deceive members of the

public in a material respect;

(xv) Advertising any brand name goods for sale and then selling substituted brand names

in their place;

(xvi) Failure to include the brand name and or manufacturer of goods in any advertisement

of the goods for sale, and, if the goods are used or secondhand, failure to include the information

in the advertisement;

(xvii) Advertising claims concerning safety, performance, and comparative price unless

the advertiser, upon request by any person, the consumer council, or the attorney general, makes

available documentation substantiating the validity of the claim;

(xviii) Representing that work has been performed on or parts replaced in goods when the

work was not in fact performed or the parts not in fact replaced; or

(xix) Failing to separately state the amount charged for labor and the amount charged for

services when requested by the purchaser as provided for in § 44-18-12(b)(3).;

(xx) Advertising for sale at a retail establishment the availability of a manufacturer’s rebate

by displaying the net price of the advertised item (the price of the item after the rebate has been

deducted from the item’s price) in the advertisement, unless the amount of the manufacturer’s

rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item.

It shall be the retailer’s burden to redeem the rebate offered to the consumer by the manufacturer;

(xxi) Engaging in any act or practice that is unfair or deceptive by a person advising or

assisting any veteran filing a claim for disability benefits with the Department of Veterans Affairs.

SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL

REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter:

CHAPTER 61

VETERANS' PROTECTION

6-61-1. Purpose.

The purpose of this chapter is to provide protection and a cause of action under Rhode

Island general laws to prevent unethical and improper conduct and collection of fees by a person

advising or assisting any veteran filing a claim for disability benefits with the Department of

Veterans Affairs.

6-61-2. Definitions.

As used in this chapter:

(1) "Compensation" means payment of any money, thing of value, or financial benefit.

(2) "Person" means an individual, corporation, business trust, estate, trust, partnership,

limited liability company, association, joint venture, public corporation, government or

governmental subdivision, agency, or instrumentality, or any other validly organized entity.

(3) "Veterans benefits matter" means the preparation, presentation, or prosecution of any

claim affecting any veteran who has filed or expressed an intent to file a claim for any benefit,

program, service, commodity, function, or status entitlement to which is determined under the laws

and regulations as administered by the United States Department of Veterans Affairs or the United

States Department of Defense, pertaining to veterans, their dependents, survivors, and any other

individual eligible for such benefits.

6-61-3. Prohibitions.

(a) No person shall receive compensation for preparation, presentation, prosecution,

advising, consulting, or assisting any veteran with regard to any veterans' benefits matter before the

Department of Veterans Affairs, except as permitted under Title 38 of the United States Code.

(b) No person shall receive compensation for referring any veteran to another person to

prepare, present, prosecute, advise, consult, or assist the veteran with any veterans' benefits matter

before the Department of Veterans Affairs.

shall be construed as prohibiting a division of fees between attorneys which is allowed pursuant to

Model Rules of Professional Conduct, Rule 1.5(e), of the American Bar Association.

6-61-4. Ethical considerations.

Any person who or that receives compensation for preparation, presentation, prosecution,

advising, consulting, or assisting a veteran with regard to any veterans' benefits matter before the

Department of Veterans Affairs, shall be held to the same ethical standards under the Rhode Island

Rules of Professional Conduct regarding the following:

(1) Advertising;

(2) Solicitation of new clients;

(3) Confidentiality;

(4) Duty of care;

(5) Duty of honesty; and

(6) Duty to zealously pursue what is in the best interest of the client.

6-61-5. Penalty.

A violation of the provisions of this chapter shall be an unfair or deceptive act or practice

as defined in § 6-13.1-1, the violator shall be subject to the civil penalties provided pursuant to the

provisions of § 6-13.1-8.

6-61-6. Contracts violating prohibitions.

Any contract or agreement entered in violation of the provisions of this chapter shall be

void and unenforceable as violating the public policy of this state.

SECTION 3. This act shall take effect on March 31, 2026.

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LC000238/SUB A

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