Legislation

* § 29-e. Protecting veterans from fraud and unaccredited
representatives.

1. For the purposes of this section, the following terms shall have
the following meanings:

(a) "Unaccredited representative" shall mean any person lacking the
authority granted by the VA to representatives, agents, and attorneys to
assist claimants in the preparation, presentation, and prosecution of
claims for VA benefits under title 38 of the United States code and
title 38 of the code of federal regulations.

(b) "Veterans' benefits matter" shall have the same meaning as defined
by section three hundred forty-nine-f of the general business law.

(c) "Veterans' benefits matter frauds" shall mean any type of consumer
fraud, scam, or deceptive business practice, including but not limited
to those using mail, television, internet, telemarketing, recorded
message telephone calls commonly known as robocalls, solicitations and
marketing that target or adversely affect intended recipients including
but not limited to any violation of chapter 59 of title 38 of the United
States code or section three hundred forty-nine-f of the general
business law.

(d) "Intended recipients" shall include veterans, service members, and
the family members and caregivers of such individuals.

(e) "Entity" shall have the same meaning as defined by section three
hundred forty-nine-f of the general business law.

(f) "Claimant" means any individual applying for, or submitting a
claim for, any benefit under the laws administered by the U.S. secretary
of veterans affairs.

(g) "VA" means the United States department of veterans affairs.

2. The commissioner shall establish an informational outreach program
to raise awareness of veterans' benefits matter frauds. Such program
shall disseminate to intended recipients:

(a) general information on veterans' benefits matter frauds, including
descriptions of the most common types of fraud, scams and other
deceptive business practices, and measures intended recipients can take
to protect against such veterans' benefits matter frauds;

(b) information on how to report veterans' benefits matter frauds to
the division of consumer protection, the attorney general and other
appropriate federal, state, and local authorities;

(c) general information on seeking representation in a veterans'
benefits matter, including how to verify VA accreditation and identify
unaccredited representatives and best practices for seeking
representation or assistance with a veterans' benefits matter;

(d) information on when an entity may lawfully seek reasonable
compensation or fees in connection with a veterans' benefits matter;

(e) publicly available information about enforcement actions taken
against unaccredited representatives and entities engaging in veterans'
benefits matter frauds targeting or adversely affecting intended
recipients; and

(f) information on the rights and remedies available to victims of
veterans' benefits matter frauds targeting or adversely affecting
intended recipients.

3. The program shall include the following elements:

(a) public service announcements;

(b) establishment of a toll-free telephone hotline and email address
to receive complaints regarding veterans' benefits matter frauds
targeting or adversely affecting intended recipients;

(c) maintaining a page on the department's website to serve as a
resource for information regarding veterans' benefits matter frauds that
target or adversely affect intended recipients, which shall include but
not be limited to:

(i) warnings about potential predatory practices including a warning
about individuals who seek to act in violation of chapter 59 of title 38
of the United States code or section three hundred forty-nine-f of the
general business law;

(ii) a link to the online tool of the VA through which a claimant may
report an individual acting in violation of chapter 59 of title 38 of
the United States code or section three hundred forty-nine-f of the
general business law;

(iii) a link to the online tool of the VA through which a claimant may
search for a recognized agent, attorney, or other entity recognized by
the VA for the preparation, presentation, or prosecution of any claim
under laws administered by the U.S. secretary of veterans affairs; and

(iv) a link to a website or an online tool of the VA providing final
decisions on discipline of agents, attorneys, and entities, described in
subparagraph (iii) of this paragraph, by the U.S. secretary of veterans
affairs for violations of chapter 59 of title 38 of the United States
code; and

(d) providing seminars three times per year at locations throughout
the state to advise intended recipients of the information under
subdivision two of this section.

4. The commissioner shall collaborate with relevant state agencies and
officials including the division of consumer protection, the secretary
of state, the attorney general, local directors and veterans' service
organizations to monitor the market for veterans' benefits matter
frauds, and shall coordinate and consult with other relevant agencies as
appropriate regarding the requirements of this section and to ensure the
latest information regarding veterans' benefits matter fraud is
disseminated to intended recipients.

5. The commissioner, in consultation with the secretary of state and
the attorney general, shall establish standard protocols and procedures
for employees of the department and local veterans' service agencies for
handling any complaints of veterans' benefits matter fraud that may be
reported to such employees.

6. A description of the program's activities and the commissioner's
recommendations to the legislature regarding such program shall be
included in the annual report required under subdivision seventeen of
section four of this article.

* NB Effective May 4, 2026