103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB3479
 
Introduced 2/8/2024, by Sen. Mike Porfirio
 
SYNOPSIS AS INTRODUCED:
 
815 ILCS 505/2YYY
    Amends provisions of the Consumer Fraud and Deceptive Business Practices Act concerning deceptive practices targeting veterans and military members. Changes the definition of "veteran or military benefits services" to any services offered or provided to a veteran, military member, or family member who is entitled to receive benefits under federal, State, or local law, policy, or practice as a result of, at least in part, qualifying military service. Such services include assistance, consulting or coaching in the preparation, presentation, or prosecution of claims or other attempts to obtain benefits, increase benefits, or appeal a decision related to obtaining or increasing benefits. Adds a veterans services disclosure to be made by any person providing veteran or military benefits services. Makes it an unlawful practice for any person providing veteran or military benefits services to fail at the outset of the business relationship to clearly provide, both orally and in writing, veterans services disclosures when veteran or military benefits services are provided in exchange for any financial compensation, benefit or thing of value. Makes other changes.


LRB103 37037 JRC 67152 b

 
 
A BILL FOR
 
SB3479LRB103 37037 JRC 67152 b

1    AN ACT concerning business.
 
2    Be it enacted by the People of the State of Illinois, 
3represented in the General Assembly:
 
4    Section 5. The Consumer Fraud and Deceptive Business 
5Practices Act is amended by changing Section 2YYY as follows:
 
6    (815 ILCS 505/2YYY)
7    Sec. 2YYY. Deceptive practices targeting veterans and 
8military members.
9    (a) As used in this Section:
10    "Veteran or military benefits services" means any services 
11offered or provided to a veteran, military member, or family 
12member who is entitled to receive benefits under federal, 
13State, or local law, policy, or practice as a result of, at 
14least in part, qualifying military service. Such services 
15include assistance, consulting or coaching in the preparation, 
16presentation, or prosecution of claims or other attempts to 
17obtain in obtaining benefits, increase increasing benefits, or 
18appeal appealing a decision related to obtaining or increasing 
19benefits.
20    "Veterans services disclosures Veteran's services 
21disclosure" means providing, in upper case type in size at 
22least as large as the type size of the written communication or 
23by voice-over, the following statements statement: 
 
 
SB3479- 2 -LRB103 37037 JRC 67152 b

1    "THIS BUSINESS IS NOT ENDORSED OR SPONSORED BY, OR 
2AFFILIATED WITH, THE UNITED STATES DEPARTMENT OF VETERANS 
3AFFAIRS OR THE ILLINOIS DEPARTMENT OF VETERANS AFFAIRS, OR ANY 
4FEDERALLY CHARTERED VA ACCREDITED VETERAN SERVICE 
5ORGANIZATION. YOU MAY QUALIFY FOR OTHER VETERANS BENEFITS 
6BEYOND THE BENEFITS FOR WHICH YOU ARE RECEIVING SERVICES 
7HERE.". 
8    "VETERAN AND MILITARY BENEFITS SERVICES ARE AVAILABLE FREE 
9OF CHARGE FROM VA ACCREDITED COUNTY VETERAN SERVICE OFFICERS, 
10REPRESENTATIVES OF THE ILLINOIS DEPARTMENT OF VETERANS 
11AFFAIRS, AND THE VETERAN SERVICE OFFICERS OF FEDERALLY 
12CHARTERED VETERAN SERVICE ORGANIZATIONS. TO LEARN MORE, 
13CONTACT THESE ORGANIZATIONS OR THE ILLINOIS ATTORNEY GENERAL'S 
14OFFICE AT 1-800-382-3000.".
15    (b) It is an unlawful practice within the meaning of this 
16Act for any person providing veteran or military benefits 
17services to:
18        (1) Fail in any advertising to conspicuously disclose 
19    veterans services disclosures a veteran's services 
20    disclosure when veteran or military benefits services are 
21    provided in exchange for any financial compensation, a 
22    benefit or thing of value.
23        (2) Fail at the outset of the business relationship to 
24    clearly provide, both orally and in writing, veterans 
25    services disclosures when veteran or military benefits 
26    services are provided in exchange for any financial 
 
 
SB3479- 3 -LRB103 37037 JRC 67152 b

1    compensation, benefit or thing of value. 
2        (3) (2) Fail to obtain, or to obtain a pending 
3    application for, all veteran or military benefits services 
4    qualifications, certifications, and accreditations 
5    required under State or federal law.
6        (4) (3) Fail, when acting as a fiduciary for a veteran 
7    receiving benefits, to meet the responsibilities of 
8    fiduciaries under 38 CFR 13.140.
9        (5) (4) Fail, when providing representation before the 
10    United States Department of Veterans Affairs, to meet the 
11    standards of conduct under 38 CFR 14.632.
12        (6) (5) Charge fees or expenses in violation of 38 CFR 
13    14.636 or 14.637.
14(Source: P.A. 102-386, eff. 1-1-22; 102-813, eff. 5-13-22.)