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| 1 | AN ACT concerning business. | ||||||
| 2 | Be it enacted by the People of the State of Illinois, | ||||||
| 3 | represented in the General Assembly: | ||||||
| 4 | Section 5. The Consumer Fraud and Deceptive Business | ||||||
| 5 | Practices Act is amended by changing Section 2YYY as follows: | ||||||
| 6 | (815 ILCS 505/2YYY) | ||||||
| 7 | Sec. 2YYY. Deceptive practices targeting veterans and | ||||||
| 8 | military members. | ||||||
| 9 | (a) As used in this Section: | ||||||
| 10 | "Veteran or military benefits services" means any services | ||||||
| 11 | offered or provided to a veteran, military member, or family | ||||||
| 12 | member who is entitled to receive benefits under federal, | ||||||
| 13 | State, or local law, policy, or practice as a result of, at | ||||||
| 14 | least in part, qualifying military service. Such services | ||||||
| 15 | include assistance, consulting or coaching in the preparation, | ||||||
| 16 | presentation, or prosecution of claims or other attempts to | ||||||
| 17 | obtain in obtaining benefits, increase increasing benefits, or | ||||||
| 18 | appeal appealing a decision related to obtaining or increasing | ||||||
| 19 | benefits. | ||||||
| 20 | "Veterans services disclosures Veteran's services | ||||||
| 21 | disclosure" means providing, in upper case type in size at | ||||||
| 22 | least as large as the type size of the written communication or | ||||||
| 23 | by voice-over, the following statements statement: | ||||||
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| 1 | "THIS BUSINESS IS NOT ENDORSED OR SPONSORED BY, OR | ||||||
| 2 | AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS | ||||||
| 3 | AFFAIRS OR THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, OR ANY | ||||||
| 4 | FEDERALLY CHARTERED VA ACCREDITED VETERAN SERVICE | ||||||
| 5 | ORGANIZATION. YOU MAY QUALIFY FOR OTHER VETERANS BENEFITS | ||||||
| 6 | BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES | ||||||
| 7 | HERE.". | ||||||
| 8 | "VETERAN AND MILITARY BENEFITS SERVICES ARE AVAILABLE FREE | ||||||
| 9 | OF CHARGE FROM VA ACCREDITED COUNTY VETERAN SERVICE OFFICERS, | ||||||
| 10 | REPRESENTATIVES OF THE ILLINOIS DEPARTMENT OF VETERANS | ||||||
| 11 | AFFAIRS, AND THE VETERAN SERVICE OFFICERS OF FEDERALLY | ||||||
| 12 | CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, | ||||||
| 13 | CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S | ||||||
| 14 | OFFICE AT 1-800-382-3000.". | ||||||
| 15 | (b) It is an unlawful practice within the meaning of this | ||||||
| 16 | Act for any person providing veteran or military benefits | ||||||
| 17 | services to: | ||||||
| 18 | (1) Fail in any advertising to conspicuously disclose | ||||||
| 19 | veterans services disclosures a veteran's services | ||||||
| 20 | disclosure when veteran or military benefits services are | ||||||
| 21 | provided in exchange for any financial compensation, a | ||||||
| 22 | benefit or thing of value. | ||||||
| 23 | (2) Fail at the outset of the business relationship to | ||||||
| 24 | clearly provide, both orally and in writing, veterans | ||||||
| 25 | services disclosures when veteran or military benefits | ||||||
| 26 | services are provided in exchange for any financial | ||||||
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| 1 | compensation, benefit or thing of value. | ||||||
| 2 | (3) (2) Fail to obtain, or to obtain a pending | ||||||
| 3 | application for, all veteran or military benefits services | ||||||
| 4 | qualifications, certifications, and accreditations | ||||||
| 5 | required under State or federal law. | ||||||
| 6 | (4) (3) Fail, when acting as a fiduciary for a veteran | ||||||
| 7 | receiving benefits, to meet the responsibilities of | ||||||
| 8 | fiduciaries under 38 CFR 13.140. | ||||||
| 9 | (5) (4) Fail, when providing representation before the | ||||||
| 10 | United States Department of Veterans Affairs, to meet the | ||||||
| 11 | standards of conduct under 38 CFR 14.632. | ||||||
| 12 | (6) (5) Charge fees or expenses in violation of 38 CFR | ||||||
| 13 | 14.636 or 14.637. | ||||||
| 14 | (Source: P.A. 102-386, eff. 1-1-22; 102-813, eff. 5-13-22.) | ||||||