2025 -- H 5419

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2025

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A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

SAFEGUARDING AMERICAN VETERAN EMPOWERMENT ACT ("SAVE ACT")

     Introduced By: Representatives O'Brien, and Craven

     Date Introduced: February 12, 2025

     Referred To: House Corporations

     It is enacted by the General Assembly as follows:

     SECTION 1. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL

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

CHAPTER 61

SAFEGUARDING AMERICAN VETERAN EMPOWERMENT ACT ("SAVE ACT")

     6-61-1. Definitions.

     For the purposes of this section:

     (1) "Compensation" means any money, thing of value, or economic benefit conferred on,

or received by, any person in return for services rendered, or to be rendered, by that person or

another.

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

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

program, service, commodity, function, status, or entitlement for which veterans, their dependents,

their survivors, or any other individual are eligible under the laws and regulations administered by

the United States Department of Veterans Affairs or the Rhode Island office of veterans services.

     (3) "Person" means any natural person, corporation, trust, partnership, incorporated or

unincorporated association, or any other legal entity.

     6-61-2. Representation and assistance rendered to veterans -- Fees.

     (a) No person shall receive compensation for referring any individual to another person to

advise or assist the individual with any veterans' benefits matter.

     (b) No person shall receive any compensation for any services rendered in connection with

any claim filed within the one year presumptive period of active-duty release, unless the veteran

acknowledges by signing a waiver that they are within this period and choosing to deny free

services available to them.

     (c) A person seeking to receive compensation for advising, assisting, or consulting with

any individual in connection with any veterans' benefits matter shall, 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. Compensation shall be purely contingent upon an increase in

benefits awarded, and if successful, compensation shall not exceed five (5) times the amount of the

monthly increase in benefits awarded based on the claim. No initial or non-refundable fee may be

charged by a person advising, assisting, or consulting an individual on a veteran's benefit matter.

     (d) No person shall guarantee, whether directly or by implication, a successful outcome or

that any individual is certain to receive specific veterans' benefits or that any individual is certain

to receive a specific level, percentage, or amount of veterans' benefit.

     6-61-3. Disclosure required.

     (a) Any person advising, assisting, or consulting on veterans' benefits matters for

compensation shall provide the following disclosure at the outset of the business relationship:

     "This business is not sponsored by, or affiliated with, the United States Department of

Veterans Affairs or the Rhode Island office of veterans services, or any other federally chartered

veterans' service organization, and other federally chartered veterans' service organizations may be

able to provide you with this service free of charge. Products or services offered by this business

are not necessarily endorsed by any of these organizations. You may qualify for other veterans'

benefits beyond the benefits for which you are receiving services here."

     (b) The written disclosure shall appear in at least twelve (12) point font in an easily

identifiable place in the person's agreement with the individual seeking services. The individual

shall sign the document in which the written disclosure appears to represent understanding of these

provisions. The person offering services shall 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 relations terminate.

     6-61-4. Prohibited activities.

     Businesses advising, assisting, or consulting on veterans' benefits matters for a fee shall

abide by the following:

     (1) Shall not utilize international call centers or data centers for processing a veteran's

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personal information;

     (2) Shall not use a veteran's personal log-in, username, or password information to access

that veteran's medical, financial, or government benefits information; and

     (3) Shall ensure that any individual who has access to veterans' medical or financial

information undergoes a background check prior to having access to that information. The

background check shall be conducted by a reputable source, include identity verification and a

criminal records check.

     6-61-5. Penalties.

     (a) A violation of the provisions of this chapter shall constitute an unfair, false, misleading,

or deceptive act or practice in the conduct of trade or commerce under chapter 13.1 of title 6.

     (b) Civil penalties shall be in an amount ordered by the superior court in an action brought

by the Rhode Island attorney general's office.

     (c) Every day a violation continues shall be considered a separate violation.

     (d) Any civil penalty collected shall be deposited in the Rhode Island military family relief

fund.

     6-61-6. Applicability.

     Nothing in this section shall be construed as limiting or expanding the requirements

imposed on agents, attorneys, or other representatives accredited and regulated by the United States

Department of Veterans Affairs.

     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COMMERCIAL LAW -- GENERAL REGULATORY PROVISIONS --

SAFEGUARDING AMERICAN VETERAN EMPOWERMENT ACT ("SAVE ACT")

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     This act would protect veterans dealing with businesses regarding claims for any type of

veterans' benefits not sponsored or affiliated with the U.S. Department of Veterans Affairs or the

state office of veterans' services and which seek compensation or fees for their services.

     This act would take effect upon passage.

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