Public Act 0783 103RD GENERAL ASSEMBLY

 


 
Public Act 103-0783
 
SB3479 EnrolledLRB103 37037 JRC 67152 b

    AN ACT concerning business.
 
    Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
 
    Section 5. The Consumer Fraud and Deceptive Business
Practices Act is amended by changing Section 2YYY as follows:
 
    (815 ILCS 505/2YYY)
    Sec. 2YYY. Deceptive practices targeting veterans and
military members.
    (a) As used in this Section:
    "Veteran or military benefits services" means any services
offered or provided to a veteran, military member, or family
member who is entitled to receive benefits under federal,
State, or local law, policy, or practice as a result of, at
least in part, qualifying military service. Such services
include assistance, consulting or coaching in the preparation,
presentation, or prosecution of claims or other attempts to
obtain in obtaining benefits, increase increasing benefits, or
appeal appealing a decision related to obtaining or increasing
benefits.
    "Veterans services disclosures Veteran's services
disclosure" means providing, in upper case type in size at
least as large as the type size of the written communication or
by voice-over, the following statements statement:
    "THIS BUSINESS IS NOT ENDORSED OR SPONSORED BY, OR
AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS
AFFAIRS OR THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, OR ANY
FEDERALLY CHARTERED VA ACCREDITED VETERAN SERVICE
ORGANIZATION. YOU MAY QUALIFY FOR OTHER VETERANS BENEFITS
BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES
HERE.".
    "VETERAN AND MILITARY BENEFITS SERVICES ARE AVAILABLE FREE
OF CHARGE FROM VA ACCREDITED COUNTY VETERAN SERVICE OFFICERS,
REPRESENTATIVES OF THE ILLINOIS DEPARTMENT OF VETERANS
AFFAIRS, AND THE VETERAN SERVICE OFFICERS OF FEDERALLY
CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE,
CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S
OFFICE AT 1-800-382-3000.".
    (b) It is an unlawful practice within the meaning of this
Act for any person providing veteran or military benefits
services to:
        (1) Fail in any advertising to conspicuously disclose
    veterans services disclosures a veteran's services
    disclosure when veteran or military benefits services are
    provided in exchange for any financial compensation, a
    benefit or thing of value.
        (2) Fail at the outset of the business relationship to
    clearly provide, both orally and in writing, veterans
    services disclosures when veteran or military benefits
    services are provided in exchange for any financial
    compensation, benefit or thing of value.
        (3) (2) Fail to obtain, or to obtain a pending
    application for, all veteran or military benefits services
    qualifications, certifications, and accreditations
    required under State or federal law.
        (4) (3) Fail, when acting as a fiduciary for a veteran
    receiving benefits, to meet the responsibilities of
    fiduciaries under 38 CFR 13.140.
        (5) (4) Fail, when providing representation before the
    United States Department of Veterans Affairs, to meet the
    standards of conduct under 38 CFR 14.632.
        (6) (5) Charge fees or expenses in violation of 38 CFR
    14.636 or 14.637.
(Source: P.A. 102-386, eff. 1-1-22; 102-813, eff. 5-13-22.)