2023 New York Laws › GBS - General Business › Article 22-A - Consumer Protection From Deceptive Acts and Practices › 349-F - Pension Poaching Prevention.

§ 349-f. Pension poaching prevention. 1. For purposes of this section:
(a)  The  term  "veterans'  benefits  matter"  means  the preparation,
presentation, or prosecution of any claim affecting any person  who  has
filed  or  expressed an intent to file a claim for any benefit, program,
service, commodity, function, or status, entitlement which is determined
under the  laws  and  regulations  administered  by  the  United  States
department  of  veterans  affairs  or  the  New  York  state division of
veterans'  affairs  pertaining  to  veterans,  their  dependents,  their
survivors, and any other party eligible for such benefits.
(b) The term "compensation" means money, property, or anything else of
value.
(c)  The  term  "entity"  includes, but is not limited to, any natural
person, corporation, trust,  partnership,  alliance,  or  unincorporated
association.
2.  (a) No entity shall receive compensation for advising or assisting
any party with any veterans' benefits matter, except as permitted  under
title  38  of  the  United  States code and the corresponding provisions
within title 38 of the United States code of federal regulations.
(b) No entity shall receive compensation for referring  any  party  to
another  individual  to  advise  or assist this party with any veterans'
benefits matter.
(c) Any  entity  seeking  to  receive  compensation  for  advising  or
assisting  any  party  with  any veterans' benefits matter shall, before
rendering any services, memorialize  all  terms  regarding  the  party's
payment  of fees for services rendered in a written agreement, signed by
both parties, that adheres to all criteria specified  within  title  38,
section 14.636, of the United States code of federal regulations.
(d)  No entity shall receive any fees for any services rendered before
the date on which a notice of disagreement is filed with respect to  the
party's case.
(e) No entity shall guarantee, either directly or by implication, that
any  party is certain to receive specific veterans' benefits or that any
party is certain to receive a specific level, percentage, or  amount  of
veterans' benefits.
(f)  No  entity  shall  receive  excessive  or  unreasonable  fees  as
compensation for advising or assisting  any  party  with  any  veterans'
benefits matter. The factors articulated within title 38, section 14.636
of  the  code  of  federal  regulations  shall  govern determinations of
whether a fee is excessive or unreasonable.
3. (a) No entity shall advise or assist  for  compensation  any  party
with  any  veterans'  benefits  matter without clearly providing, at the
outset of this business relationship,  the  following  disclosure,  both
orally and in writing: "this business is not sponsored by, or affiliated
with,  the  United  States  department of veterans affairs, the New York
state division  of  veterans'  affairs,  or  any  other  congressionally
chartered  veterans service organization. Other organizations, including
but not limited to the New York state  division  of  veterans'  affairs,
your  local  county  veterans  service agency, and other congressionally
chartered veterans service organizations, may be  able  to  provide  you
with  this  service free of charge. Products or services offered by this
business are not necessarily endorsed by any of these organizations. You
may qualify for other veterans' benefits beyond the benefits  for  which
you  are receiving services here." The written disclosure must appear in
at least twelve-point font and must appear in a readily  noticeable  and
identifiable  place  in  the  entity's  agreement with the party seeking
services. The party must verbally acknowledge understanding of the  oral
disclosure   and   must  provide  his  or  her  signature  to  represent
understanding of these provisions on the document in which  the  written

disclosure  appears.  The entity offering services must retain a copy of
the written disclosure while providing veterans' benefits  services  for
compensation  to  the  party and for at least one year after the date on
which this service relationship terminates.
(b)  No  entity  shall advertise for-compensation services in veterans
benefits matters  without  including  the  following  disclosure:  "this
business  is  not  sponsored  by,  or affiliated with, the United States
department of veterans affairs, the New York state division of veterans'
affairs,  or  any  other  congressionally  chartered  veterans   service
organization.  Other organizations, including but not limited to the New
York state division of veterans' affairs,  your  local  county  veterans
service  agency,  and  other  congressionally chartered veterans service
organizations, may be able to provide you with these  services  free  of
charge.   Products   or  services  offered  by  this  business  are  not
necessarily endorsed by any of these organizations. You may qualify  for
other veterans' benefits beyond the services that this business offers."
If   the   advertisement  is  printed,  including  but  not  limited  to
advertisements visible to internet users, the disclosure must appear  in
a  readily  visible  place on the advertisement. If the advertisement is
verbal, the spoken  statement  of  the  disclosure  must  be  clear  and
intelligible.
4.  (a) Any violation of this section shall constitute a deceptive act
in the conduct of business, trade, or commerce, and shall be subject  to
the  provisions  of  section  three  hundred forty nine of this article,
including any right of  action  and  corresponding  penalties  described
within such section.
(b)  If  an entity's violation of this section concerns a party who is
sixty-five years of  age  or  older,  said  entity  may  be  liable  for
supplemental  civil  penalties as established within, and subject of the
terms of, section three hundred forty-nine-c of this article.
5. If any clause, sentence, paragraph or part of this section  or  the
application  thereof  shall  be  adjudged  by  any  court  of  competent
jurisdiction to be invalid, such judgment shall not affect,  impair,  or
invalidate the remainder thereof, but shall be confined in its operation
to  the clause, sentence, paragraph or part thereof directly involved in
the controversy in which such judgment shall have been rendered.