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Public Act 103-0783 | ||||
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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.) |