§ 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.