2024 -- S 2700 | |
======== | |
LC004903 | |
======== | |
STATE OF RHODE ISLAND | |
IN GENERAL ASSEMBLY | |
JANUARY SESSION, A.D. 2024 | |
____________ | |
A N A C T | |
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- | |
DECEPTIVE TRADE PRACTICES | |
| |
Introduced By: Senators Felag, Raptakis, Bissaillon, Acosta, and Euer | |
Date Introduced: March 01, 2024 | |
Referred To: Senate Special Legislation and Veterans Affairs | |
It is enacted by the General Assembly as follows: | |
1 | SECTION 1. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled "Deceptive |
2 | Trade Practices" is hereby amended to read as follows: |
3 | 6-13.1-1. Definitions. |
4 | As used in this chapter: |
5 | (1) “Documentary material” means the original or a copy of any book, record, report, |
6 | memorandum, paper, communication, tabulation, map, chart, photograph, mechanical |
7 | transcription, or other tangible document or recording wherever situated. |
8 | (2) “Examination” of documentary material includes the inspection, study, or copying of |
9 | any documentary material, and the taking of testimony under oath or acknowledgment in respect |
10 | of any documentary material or copy of any documentary material. |
11 | (3) “Person” means natural persons, corporations, trusts, partnerships, incorporated or |
12 | unincorporated associations, and any other legal entity. |
13 | (4) “Rebate” means the return of a payment or a partial payment that serves as a discount |
14 | or reduction in price. |
15 | (5) “Trade” and “commerce” mean the advertising, offering for sale, sale, or distribution |
16 | of any services and any property, tangible or intangible, real, personal, or mixed, and any other |
17 | article, commodity, or thing of value wherever situate, and include any trade or commerce directly |
18 | or indirectly affecting the people of this state. |
| |
1 | (6) “Unfair methods of competition and unfair or deceptive acts or practices” means any |
2 | one or more of the following: |
3 | (i) Passing off goods or services as those of another; |
4 | (ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, |
5 | approval, or certification of goods or services; |
6 | (iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, |
7 | or association with, or certification by, another; |
8 | (iv) Using deceptive representations or designations of geographic origin in connection |
9 | with goods or services; |
10 | (v) Representing that goods or services have sponsorship, approval, characteristics, |
11 | ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, |
12 | approval, status, affiliation, or connection that he or she does not have; |
13 | (vi) Representing that goods are original or new if they are deteriorated, altered, |
14 | reconditioned, reclaimed, used, or secondhand; and if household goods have been repaired or |
15 | reconditioned, without conspicuously noting the defect that necessitated the repair on the tag that |
16 | contains the cost to the consumer of the goods; |
17 | (vii) Representing that goods or services are of a particular standard, quality, or grade, or |
18 | that goods are of a particular style or model, if they are of another; |
19 | (viii) Disparaging the goods, services, or business of another by false or misleading |
20 | representation of fact; |
21 | (ix) Advertising goods or services with intent not to sell them as advertised; |
22 | (x) Advertising goods or services with intent not to supply reasonably expectable public |
23 | demand, unless the advertisement discloses a limitation of quantity; |
24 | (xi) Making false or misleading statements of fact concerning the reasons for, existence of, |
25 | or amounts of price reductions; |
26 | (xii) Engaging in any other conduct that similarly creates a likelihood of confusion or of |
27 | misunderstanding; |
28 | (xiii) Engaging in any act or practice that is unfair or deceptive to the consumer; |
29 | (xiv) Using any other methods, acts, or practices that mislead or deceive members of the |
30 | public in a material respect; |
31 | (xv) Advertising any brand name goods for sale and then selling substituted brand names |
32 | in their place; |
33 | (xvi) Failure to include the brand name and or manufacturer of goods in any advertisement |
34 | of the goods for sale, and, if the goods are used or secondhand, failure to include the information |
| LC004903 - Page 2 of 5 |
1 | in the advertisement; |
2 | (xvii) Advertising claims concerning safety, performance, and comparative price unless |
3 | the advertiser, upon request by any person, the consumer council, or the attorney general, makes |
4 | available documentation substantiating the validity of the claim; |
5 | (xviii) Representing that work has been performed on or parts replaced in goods when the |
6 | work was not in fact performed or the parts not in fact replaced; or |
7 | (xix) Failing to separately state the amount charged for labor and the amount charged for |
8 | services when requested by the purchaser as provided for in § 44-18-12(b)(3).; |
9 | (xx) Advertising for sale at a retail establishment the availability of a manufacturer’s rebate |
10 | by displaying the net price of the advertised item (the price of the item after the rebate has been |
11 | deducted from the item’s price) in the advertisement, unless the amount of the manufacturer’s |
12 | rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item. |
13 | It shall be the retailer’s burden to redeem the rebate offered to the consumer by the manufacturer.; |
14 | or |
15 | (xxi) Engaging in any act or practice that is unfair or deceptive by a person advising or |
16 | assisting any veteran filing a claim for disability benefits with the Department of Veterans Affairs. |
17 | SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL |
18 | REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: |
19 | CHAPTER 60 |
20 | VETERANS' PROTECTION |
21 | 6-60-1. Purpose. |
22 | The purpose of this chapter is to provide protection and a cause of action under Rhode |
23 | Island general laws to prevent unethical and improper conduct and collection of fees by a person |
24 | advising or assisting any veteran filing a claim for disability benefits with the Department of |
25 | Veterans Affairs. |
26 | 6-60-2. Definitions. |
27 | As used in this chapter: |
28 | (1) "Compensation" means payment of any money, thing of value, or financial benefit. |
29 | (2) "Person" means an individual, corporation, business trust, estate, trust, partnership, |
30 | limited liability company, association, joint venture, public corporation, government or |
31 | governmental subdivision, agency, or instrumentality, or any other validly organized entity. |
32 | (3) "Veterans benefits matter" means the preparation, presentation, or prosecution of any |
33 | claim affecting any veteran who has filed or expressed an intent to file a claim for any benefit, |
34 | program, service, commodity, function, or status, entitlement to which is determined under the laws |
| LC004903 - Page 3 of 5 |
1 | and regulations as administered by the United States Department of Veterans Affairs or the United |
2 | States Department of Defense, pertaining to veterans, their dependents, survivors, and any other |
3 | individual eligible for such benefits. |
4 | 6-60-3. Prohibitions. |
5 | (a) No person shall receive compensation for preparation, presentation, prosecution, |
6 | advising, consulting, or assisting any veteran with regard to any veterans' benefits matter before the |
7 | Department of Veterans Affairs, except as permitted under Title 38 of the U.S. Code. |
8 | (b) No person shall receive compensation for referring any veteran to another person to |
9 | prepare, present, prosecute, advise, consult, or assist the veteran with any veterans' benefits matter |
10 | before the Department of Veterans Affairs. |
11 | (1) Notwithstanding the subsection (a) or (b) of this section, nothing set forth herein shall |
12 | be construed as prohibiting a division of fees between attorneys which is allowed pursuant to Model |
13 | Rules of Professional Conduct, Rule 1.5(e), of the American Bar Association. |
14 | 6-60-4. Ethical considerations. |
15 | (a) Any person that receives compensation for preparation, presentation, prosecution, |
16 | advising, consulting, or assisting a veteran with regard to any veterans' benefits matter before the |
17 | Department of Veterans Affairs, shall be held to the same ethical standards as an attorney licensed |
18 | to practice law in the State of Rhode Island regarding the following: |
19 | (1) Advertising; |
20 | (2) Solicitation of new clients; |
21 | (3) Confidentiality; |
22 | (4) Duty of care; |
23 | (5) Duty of honesty; and |
24 | (6) Duty to zealously pursue what is in the best interest of the client. |
25 | 6-60-5. Penalty. |
26 | A violation of the provisions of this chapter shall be an unfair or deceptive act or practice |
27 | as defined in § 6-13.1-1, and the violator shall be subject to the civil penalties provided pursuant to |
28 | the provisions of § 6-13.1-8. |
29 | 6-60-6. Contracts violating prohibitions. |
30 | Any contract or agreement entered in violation of the provisions of this chapter shall be |
31 | void and unenforceable as violating the public policy of this state. |
32 | SECTION 3. This act shall take effect upon passage. |
======== | |
LC004903 | |
======== | |
| LC004903 - Page 4 of 5 |
EXPLANATION | |
BY THE LEGISLATIVE COUNCIL | |
OF | |
A N A C T | |
RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS -- | |
DECEPTIVE TRADE PRACTICES | |
*** | |
1 | This act would provide protection and prevent the unethical, improper conduct and the |
2 | collection of fees, by anyone advising or assisting a veteran filing a claim for disability benefits |
3 | with the Department of Veterans Affairs, except as authorized by federal law. |
4 | This act would take effect upon passage. |
======== | |
LC004903 | |
======== | |
| LC004903 - Page 5 of 5 |