Tennessee House of Representatives bill in Session 114.
Status: failed. Latest action: January 27, 2025.
AN ACT to amend Tennessee Code Annotated, Title 47, Chapter 18 and Title 58, Chapter 3, relative to veterans.
This bill prohibits all of the following conduct by a person or legal entity with relation to a potential or actual claim for a benefit, program, service, commodit y, function, status, or entitlement for which veterans, their dependents, their survivors, or other individuals are eligible under the laws and regulations administered by the United States department of veterans affairs or the department of veterans serv i ces : R eceiving compensation for services rendered in connection with a claim filed within the one-year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that the veteran is within this period and chooses to forgo the free services available. S eeking to receive compensation for advising, assisting, or consulting with an individual in connection with a veterans' benefits matter until the person or legal entity , before rendering the services, memorialize s the specific terms under which the amount to be paid will be determined in a written agreement signed by both parties. The agreement must specify that (i) compensation is wholly contingent upon an increase in benefits awarded; and (ii) if successful in obtaining an increase in benefits, the compensation does not exceed five times the amount of the monthly increase in benefits awarded based on the claim. Charging an initial or nonrefundable fee for advising, assisting, or consulting an individual on a veterans' benefits matter. G uaranteeing, either directly or by implication, a successful outcome, 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. A dvising, assisting, or consulting on veterans' benefits matters for compensation by (i) utilizing international call centers or data centers for processing veterans' personal information; or (ii) using an individual's personal log-in, username, or password information to access that individual's medical, financial, or government benefits information. This bill requires a person or legal entity to ensure that any person who has access to veterans' medical, financial, or government benefits information undergoes a background check prior to having access to that information. The background check must be conducted by a reputable source and include identity verification and a criminal records check. R eceiving compensation for referring an individual to another person to advise or assist the individual with a veterans' benefits matter. WRITTEN DISCLOSURE This bill requires a person or legal entity advising, assisting, or consulting on veterans' benefits matters for compensation to provide a disclos ure , as described in the bill, prior to providing any services . The written disclosure must appear in at least 12 -point font in an 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 these provisions. The person or legal entity 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 agreement terminates. VIOLATIONS This bill provides that a violation of the bill constitutes an unfair or deceptive act or practice affecting trade or commerce and is subject to the penalties and remedies as provided in the Tennessee Consumer Protection Act of 1977. Each day a violation continues is a separate violation. APPLICABILITY This bill 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 a gency.
| Date | Event | Detail |
|---|---|---|
| 2024-12-30 | Introduced | Bill introduced |
| 2025-01-27 | Status | failed |
| 2025-01-27 | Latest Action | Withdrawn. |