N.Y. Veterans' Services Law § 29-e: Protecting veterans from fraud and unaccredited representatives

§ 29-e. Protecting veterans from fraud and unaccredited

representatives.

1. For the purposes of this section, the following terms shall have

the following meanings:

(a) "Unaccredited representative" shall mean any person lacking the

authority granted by the VA to representatives, agents, and attorneys to

assist claimants in the preparation, presentation, and prosecution of

claims for VA benefits under title 38 of the United States code and

title 38 of the code of federal regulations.

(b) "Veterans' benefits matter" shall have the same meaning as defined

by section three hundred forty-nine-f of the general business law.

(c) "Veterans' benefits matter frauds" shall mean any type of consumer

fraud, scam, or deceptive business practice, including but not limited

to those using mail, television, internet, telemarketing, recorded

message telephone calls commonly known as robocalls, solicitations and

marketing that target or adversely affect intended recipients including

but not limited to any violation of chapter 59 of title 38 of the United

States code or section three hundred forty-nine-f of the general

business law.

(d) "Intended recipients" shall include veterans, service members, and

the family members and caregivers of such individuals.

(e) "Entity" shall have the same meaning as defined by section three

hundred forty-nine-f of the general business law.

(f) "Claimant" means any individual applying for, or submitting a

claim for, any benefit under the laws administered by the U.S. secretary

of veterans affairs.

(g) "VA" means the United States department of veterans affairs.

2. The commissioner shall establish an informational outreach program

to raise awareness of veterans' benefits matter frauds. Such program

shall disseminate to intended recipients:

(a) general information on veterans' benefits matter frauds, including

descriptions of the most common types of fraud, scams and other

deceptive business practices, and measures intended recipients can take

to protect against such veterans' benefits matter frauds;

(b) information on how to report veterans' benefits matter frauds to

the division of consumer protection, the attorney general and other

appropriate federal, state, and local authorities;

(c) general information on seeking representation in a veterans'

benefits matter, including how to verify VA accreditation and identify

unaccredited representatives and best practices for seeking

representation or assistance with a veterans' benefits matter;

(d) information on when an entity may lawfully seek reasonable

compensation or fees in connection with a veterans' benefits matter;

(e) publicly available information about enforcement actions taken

against unaccredited representatives and entities engaging in veterans'

benefits matter frauds targeting or adversely affecting intended

recipients; and

(f) information on the rights and remedies available to victims of

veterans' benefits matter frauds targeting or adversely affecting

intended recipients.

3. The program shall include the following elements:

(a) public service announcements;

(b) establishment of a toll-free telephone hotline and email address

to receive complaints regarding veterans' benefits matter frauds

targeting or adversely affecting intended recipients;

(c) maintaining a page on the department's website to serve as a

resource for information regarding veterans' benefits matter frauds that

target or adversely affect intended recipients, which shall include but

not be limited to:

(i) warnings about potential predatory practices including a warning

about individuals who seek to act in violation of chapter 59 of title 38

of the United States code or section three hundred forty-nine-f of the

general business law;

(ii) a link to the online tool of the VA through which a claimant may

report an individual acting in violation of chapter 59 of title 38 of

the United States code or section three hundred forty-nine-f of the

general business law;

(iii) a link to the online tool of the VA through which a claimant may

search for a recognized agent, attorney, or other entity recognized by

the VA for the preparation, presentation, or prosecution of any claim

under laws administered by the U.S. secretary of veterans affairs; and

(iv) a link to a website or an online tool of the VA providing final

decisions on discipline of agents, attorneys, and entities, described in

subparagraph (iii) of this paragraph, by the U.S. secretary of veterans

affairs for violations of chapter 59 of title 38 of the United States

code; and

(d) providing seminars three times per year at locations throughout

the state to advise intended recipients of the information under

subdivision two of this section.

4. The commissioner shall collaborate with relevant state agencies and

officials including the division of consumer protection, the secretary

of state, the attorney general, local directors and veterans' service

organizations to monitor the market for veterans' benefits matter

frauds, and shall coordinate and consult with other relevant agencies as

appropriate regarding the requirements of this section and to ensure the

latest information regarding veterans' benefits matter fraud is

disseminated to intended recipients.

5. The commissioner, in consultation with the secretary of state and

the attorney general, shall establish standard protocols and procedures

for employees of the department and local veterans' service agencies for

handling any complaints of veterans' benefits matter fraud that may be

reported to such employees.

6. A description of the program's activities and the commissioner's

recommendations to the legislature regarding such program shall be

included in the annual report required under subdivision seventeen of

section four of this article.