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NY A07799

Bill

Status

Engrossed

6/14/2017

Primary Sponsor

Walter Mosley

Click for details

Origin

Assembly

2017-2018 General Assembly

AI Summary

  • Prohibits entities from receiving compensation for advising or assisting with veterans' benefits matters, except as permitted under federal law (Title 38 of the U.S. Code).

  • Requires written fee agreements complying with federal regulations (38 U.S.C. § 14.636) before any services are rendered, and prohibits any fees before a notice of disagreement is filed.

  • Prohibits entities from guaranteeing specific veterans' benefits outcomes or charging excessive/unreasonable fees, with excessiveness determined by federal regulatory factors.

  • Mandates clear oral and written disclosures at the outset of business relationships stating the entity is not affiliated with the U.S. Department of Veterans Affairs or New York State Division of Veterans' Affairs, and that similar services may be available free of charge.

  • Establishes violations as deceptive business practices under General Business Law § 349, with supplemental civil penalties available when violations involve persons age 65 or older.

Legislative Description

Prohibits any person from charging a fee for providing assistance in seeking veterans benefits, except as authorized by federal law, rule or regulation; provides any violation of such provisions constitutes a deceptive business practice; requires full disclosure of the terms of any such assistance.

Last Action

REFERRED TO VETERANS, HOMELAND SECURITY AND MILITARY AFFAIRS

3/26/2018

Committee Referrals

Veterans, Homeland Security and Military Affairs3/26/2018
Rules6/14/2017
Rules6/7/2017
Codes5/23/2017
Veterans' Affairs5/15/2017

Full Bill Text

No bill text available