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Assembly Bill A7799

2017-2018 Legislative Session

Prohibits any person from charging a fee for providing assistance in seeking veterans benefits, except as authorized by federal law, rule or regulation

download bill text pdf

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Archive: Last Bill Status - In Senate Committee Veterans, Homeland Security And Military Affairs Committee

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2017-A7799 (ACTIVE) - Details

See Senate Version of this Bill:
S5310
Current Committee:
Senate Veterans, Homeland Security And Military Affairs
Law Section:
General Business Law
Laws Affected:
Add §349-f, Gen Bus L

2017-A7799 (ACTIVE) - Summary

Prohibits any person from charging a fee for providing assistance in seeking veterans benefits, except as authorized by federal law, rule or regulation; provides any violation of such provisions constitutes a deceptive business practice; requires full disclosure of the terms of any such assistance.

2017-A7799 (ACTIVE) - Bill Text download pdf 

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7799
 
                        2017-2018 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 15, 2017
                                ___________
 
 Introduced  by M. of A. MOSLEY, DenDEKKER -- (at request of the Division
   of Veterans Affairs) -- read once and referred  to  the  Committee  on
   Veterans' Affairs
 
 AN  ACT  to  amend  the  general business law, in relation to preventing
   financial deception and harmful practices affecting veterans and their
   family members

   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. The general business law is amended by adding a new section
 349-f to read as follows:
   §  349-F. PENSION POACHING PREVENTION ACT. 1. LEGISLATIVE FINDINGS AND
 INTENT. NATIONALLY, VETERANS AND THEIR FAMILY MEMBERS ARE OFTEN  SUBJECT
 TO  A  PRACTICE COMMONLY CALLED "PENSION POACHING". THIS TROUBLING PRAC-
 TICE, AS DESCRIBED IN RECENT REPORTS FROM THE FEDERAL TRADE  COMMISSION,
 THE  FEDERAL GOVERNMENT ACCOUNTABILITY OFFICE, THE UNITED STATES DEPART-
 MENT OF VETERANS AFFAIRS, AND SEVERAL OTHER ENTITIES,  GENERALLY  TARGET
 ELDERLY OR DISABLED VETERANS AND THEIR FAMILY MEMBERS.  PENSION POACHING
 INVOLVES  DISHONEST  FINANCIAL  PLANNERS,  INSURANCE  AGENTS,  AND OTHER
 PROFESSIONALS LURING VETERANS AND THEIR FAMILY MEMBERS TO  PAY  SUBSTAN-
 TIAL  FUNDS  FOR VETERANS' BENEFITS SERVICES THAT THE OFFERING ENTITY IS
 UNQUALIFIED TO PROVIDE AND THAT  CAN  DETRIMENTALLY  IMPACT  THE  FUTURE
 FINANCIAL SITUATIONS OF THE VETERAN AND HIS OR HER DEPENDENTS.
   ENTITIES  ENGAGING IN PENSION POACHING TEND TO USE HIGH-PRESSURE SALES
 TACTICS DIRECTED TOWARD POTENTIAL CUSTOMERS, FALSELY GUARANTEEING  BENE-
 FITS  FOR  VETERANS  AND THEIR FAMILIES EVEN WHEN THE ADVERTISING ENTITY
 LACKS THE FEDERAL ACCREDITATION REQUIRED BY LAW TO FILE SUCH CLAIMS  AND
 APPEALS  FOR  FEDERAL  VETERANS' BENEFITS. OFTEN, THEY PERSUADE VETERANS
 AND THEIR FAMILY MEMBERS TO ABRUPTLY MOVE MOST OR ALL OF THEIR ASSETS TO
 POTENTIALLY QUALIFY FOR CERTAIN FEDERAL VETERANS'  BENEFITS,  FREQUENTLY
 CAUSING  VETERANS  AND  THEIR FAMILY MEMBERS TO UNWITTINGLY LOSE CONTROL
 OVER THEIR ASSETS AND ADVERSELY AFFECTING THE ABILITY  OF  VETERANS  AND
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

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