N.Y. VET Law § 29-E — New York Code / Act VET / Article 1 / Section 29-E
Protecting veterans from fraud and unaccredited representatives
Status: in_force

§ 29-e. Protecting veterans from fraud and unaccredited\nrepresentatives.\n  1. For the purposes of this section, the following terms shall have\nthe following meanings:\n  (a) "Unaccredited representative" shall mean any person lacking the\nauthority granted by the VA to representatives, agents, and attorneys to\nassist claimants in the preparation, presentation, and prosecution of\nclaims for VA benefits under title 38 of the United States code and\ntitle 38 of the code of federal regulations.\n  (b) "Veterans' benefits matter" shall have the same meaning as defined\nby section three hundred forty-nine-f of the general business law.\n  (c) "Veterans' benefits matter frauds" shall mean any type of consumer\nfraud, scam, or deceptive business practice, including but not limited\nto those using mail, television, internet, telemarketing, recorded\nmessage telephone calls commonly known as robocalls, solicitations and\nmarketing that target or adversely affect intended recipients including\nbut not limited to any violation of chapter 59 of title 38 of the United\nStates code or section three hundred forty-nine-f of the general\nbusiness law.\n  (d) "Intended recipients" shall include veterans, service members, and\nthe family members and caregivers of such individuals.\n  (e) "Entity" shall have the same meaning as defined by section three\nhundred forty-nine-f of the general business law.\n  (f) "Claimant" means any individual applying for, or submitting a\nclaim for, any benefit under the laws administered by the U.S. secretary\nof veterans affairs.\n  (g) "VA" means the United States department of veterans affairs.\n  2. The commissioner shall establish an informational outreach program\nto raise awareness of veterans' benefits matter frauds. Such program\nshall disseminate to intended recipients:\n  (a) general information on veterans' benefits matter frauds, including\ndescriptions of the most common types of fraud, scams and other\ndeceptive business practices, and measures intended recipients can take\nto protect against such veterans' benefits matter frauds;\n  (b) information on how to report veterans' benefits matter frauds to\nthe division of consumer protection, the attorney general and other\nappropriate federal, state, and local authorities;\n  (c) general information on seeking representation in a veterans'\nbenefits matter, including how to verify VA accreditation and identify\nunaccredited representatives and best practices for seeking\nrepresentation or assistance with a veterans' benefits matter;\n  (d) information on when an entity may lawfully seek reasonable\ncompensation or fees in connection with a veterans' benefits matter;\n  (e) publicly available information about enforcement actions taken\nagainst unaccredited representatives and entities engaging in veterans'\nbenefits matter frauds targeting or adversely affecting intended\nrecipients; and\n  (f) information on the rights and remedies available to victims of\nveterans' benefits matter frauds targeting or adversely affecting\nintended recipients.\n  3. The program shall include the following elements:\n  (a) public service announcements;\n  (b) establishment of a toll-free telephone hotline and email address\nto receive complaints regarding veterans' benefits matter frauds\ntargeting or adversely affecting intended recipients;\n  (c) maintaining a page on the department's website to serve as a\nresource for information regarding veterans' benefits matter frauds that\ntarget or adversely affect intended recipients, which shall include but\nnot be limited to:\n  (i) warnings about potential predatory practices including a warning\nabout individuals who seek to act in violation of chapter 59 of title 38\nof the United States code or section three hundred forty-nine-f of the\ngeneral business law;\n  (ii) a link to the online tool of the VA through which a claimant may\nreport an individual acting in violation of chapter 59 of title 38 of\nthe United States code or section three hundred forty-nine-f of the\ngeneral business law;\n  (iii) a link to the online tool of the VA through which a claimant may\nsearch for a recognized agent, attorney, or other entity recognized by\nthe VA for the preparation, presentation, or prosecution of any claim\nunder laws administered by the U.S. secretary of veterans affairs; and\n  (iv) a link to a website or an online tool of the VA providing final\ndecisions on discipline of agents, attorneys, and entities, described in\nsubparagraph (iii) of this paragraph, by the U.S. secretary of veterans\naffairs for violations of chapter 59 of title 38 of the United States\ncode; and\n  (d) providing seminars three times per year at locations throughout\nthe state to advise intended recipients of the information under\nsubdivision two of this section.\n  4. The commissioner shall collaborate with relevant state agencies and\nofficials including the division of consumer protection, the secretary\nof state, the attorney general, local directors and veterans' service\norganizations to monitor the market for veterans' benefits matter\nfrauds, and shall coordinate and consult with other relevant agencies as\nappropriate regarding the requirements of this section and to ensure the\nlatest information regarding veterans' benefits matter fraud is\ndisseminated to intended recipients.\n  5. The commissioner, in consultation with the secretary of state and\nthe attorney general, shall establish standard protocols and procedures\nfor employees of the department and local veterans' service agencies for\nhandling any complaints of veterans' benefits matter fraud that may be\nreported to such employees.\n  6. A description of the program's activities and the commissioner's\nrecommendations to the legislature regarding such program shall be\nincluded in the annual report required under subdivision seventeen of\nsection four of this article.\n