| 15 | + | SYNOPSIS: |
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| 16 | + | Federal regulations set forth certain |
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| 17 | + | restrictions on agents and attorneys who charge fees |
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| 18 | + | for representing clients seeking certain veterans |
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| 19 | + | benefits. |
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| 20 | + | This bill would set certain parameters around |
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| 21 | + | the business practice of assisting or advising |
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| 22 | + | individuals wanting to make claims for veterans |
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| 23 | + | benefits, including disclosure requirements about the |
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| 24 | + | services provided, advertising services, and the amount |
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| 25 | + | of compensation that may be charged. |
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| 26 | + | This bill would also make violations a deceptive |
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| 27 | + | trade practice. |
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| 24 | | - | terms have the following meanings: |
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| 25 | | - | (1) COMPENSATION. Payment of any money, thing of value, |
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| 26 | | - | or financial benefit. |
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| 27 | | - | (2) PERSON. An individual; corporation; business; |
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| 28 | | - | estate; trust; partnership; limited liability company; |
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| 29 | | - | association; joint venture; or public corporation; a state, |
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| 30 | | - | county, or municipal governmental body or instrumentality |
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| 31 | | - | thereof; or any other commercial entity. |
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| 32 | | - | (3) VETERANS BENEFITS MATTER. The preparation, |
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| 33 | | - | presentation, or prosecution of any claim affecting any person |
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| 34 | | - | who has filed or expressed an intent to file a claim for any |
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| 35 | | - | benefit, program, service, commodity, function, or status |
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| 36 | | - | entitlement as determined under the laws, rules, and |
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| 37 | | - | regulations administered by the United States Department of |
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| 66 | + | Section 1. For purposes of this act, the following |
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| 67 | + | terms have the following meanings: |
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| 68 | + | (1) COMPENSATION. Payment of any money, thing of value, |
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| 69 | + | or financial benefit. |
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| 70 | + | (2) PERSON. An individual; corporation; business; |
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| 71 | + | estate; trust; partnership; limited liability company; |
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| 72 | + | association; joint venture; or public corporation; a state, |
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| 73 | + | county, or municipal governmental body or instrumentality |
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| 74 | + | thereof; or any other commercial entity. |
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| 75 | + | (3) VETERANS BENEFITS MATTER. The preparation, |
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| 76 | + | presentation, or prosecution of any claim affecting any person |
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| 77 | + | who has filed or expressed an intent to file a claim for any |
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| 78 | + | benefit, program, service, commodity, function, or status |
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| 79 | + | entitlement as determined under the laws, rules, and |
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| 67 | 80 | | regulations administered by the United States Department of |
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| 68 | 81 | | Veterans Affairs or the Alabama Department of Veterans Affairs |
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| 69 | 82 | | pertaining to veterans, their dependents, their survivors, and |
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| 70 | 83 | | any other individuals eligible for such benefits. |
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| 71 | 84 | | Section 2. No person shall receive compensation for |
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| 72 | 85 | | advising or assisting any individual with regard to any |
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| 73 | 86 | | veterans benefits matter, except as permitted under federal |
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| 74 | 87 | | law and pursuant to this section. |
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| 75 | 88 | | Section 3. A person seeking to receive compensation for |
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| 76 | 89 | | advising or assisting any individual with any veterans |
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| 77 | 90 | | benefits matter, before rendering any services, shall do both |
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| 78 | 91 | | of the following: |
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| 79 | 92 | | (1) Memorialize all terms regarding the individual's |
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| 80 | 93 | | payment of fees for services rendered in a written agreement, |
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| 81 | 94 | | signed by both parties, that adheres to all criteria specified |
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| 82 | | - | within 38 C.F.R. § 14.636. |
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| 83 | | - | (2)a. Provide the following disclosure, both orally and |
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| 84 | | - | in writing: |
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| 85 | | - | "This business is not sponsored by, or affiliated with, |
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| 86 | | - | the United States Department of Veterans Affairs or the |
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| 87 | | - | Alabama Department of Veterans Affairs, or any other federally |
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| 88 | | - | chartered veterans service organization. Other organizations, |
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| 89 | | - | including, but not limited to, the Alabama Department of |
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| 90 | | - | Veterans Affairs, your local county veterans service agency, |
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| 91 | | - | and other federally chartered veterans service organizations, |
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| 92 | | - | may be able to provide you with this service free of charge. |
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| 93 | | - | Products or services offered by this business are not |
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| 94 | | - | necessarily endorsed by any of these organizations. You may |
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| 95 | | - | qualify for other veterans benefits beyond the benefits for |
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| 124 | + | signed by both parties, that adheres to all criteria specified |
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| 125 | + | within 38 C.F.R. § 14.636. |
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| 126 | + | (2)a. Provide the following disclosure, both orally and |
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| 127 | + | in writing: |
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| 128 | + | "This business is not sponsored by, or affiliated with, |
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| 129 | + | the United States Department of Veterans Affairs or the |
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| 130 | + | Alabama Department of Veterans Affairs, or any other federally |
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| 131 | + | chartered veterans service organization. Other organizations, |
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| 132 | + | including, but not limited to, the Alabama Department of |
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| 133 | + | Veterans Affairs, your local county veterans service agency, |
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| 134 | + | and other federally chartered veterans service organizations, |
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| 135 | + | may be able to provide you with this service free of charge. |
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| 136 | + | Products or services offered by this business are not |
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| 137 | + | necessarily endorsed by any of these organizations. You may |
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| 125 | 138 | | qualify for other veterans benefits beyond the benefits for |
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| 126 | 139 | | which you are receiving services here." |
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| 127 | 140 | | b. The written disclosure shall appear in at least |
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| 128 | 141 | | 12-point font and shall appear in a readily noticeable and |
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| 129 | 142 | | identifiable place in the person's agreement with the |
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| 130 | 143 | | individual seeking services. |
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| 131 | 144 | | c. The individual must verbally acknowledge |
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| 132 | 145 | | understanding of the oral disclosure and must sign the |
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| 133 | 146 | | document in which the written disclosure appears. |
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| 134 | 147 | | d. The person offering services shall retain a copy of |
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| 135 | 148 | | the written disclosure while providing veterans benefits |
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| 136 | 149 | | services for compensation to the individual and for at least |
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| 137 | 150 | | one year after the date on which the service relationship |
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| 138 | 151 | | terminates. |
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| 139 | 152 | | Section 4. (a) A person advising or assisting |
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| 140 | | - | individuals pursuant to this act may not guarantee, either |
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| 141 | | - | directly or by implication, that any individual is certain to |
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| 142 | | - | receive specific veterans benefits or that any individual is |
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| 143 | | - | certain to receive a specific level, percentage, or amount of |
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| 144 | | - | veterans benefits. |
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| 145 | | - | (b) A person advising or assisting individuals pursuant |
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| 146 | | - | to this act may not receive excessive or unreasonable fees as |
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| 147 | | - | compensation. The factors articulated within 38 C.F.R. § |
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| 148 | | - | 14.636 shall govern determinations of whether a fee is |
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| 149 | | - | excessive or unreasonable. |
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| 150 | | - | Section 5. (a) A person may not advertise the person's |
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| 151 | | - | services of advising or assisting in veterans benefits matters |
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| 152 | | - | for compensation without including the following disclosure: |
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| 153 | | - | "This business is not sponsored by, or affiliated with, |
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| 182 | + | Section 4. (a) A person advising or assisting |
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| 183 | + | individuals pursuant to this act may not guarantee, either |
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| 184 | + | directly or by implication, that any individual is certain to |
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| 185 | + | receive specific veterans benefits or that any individual is |
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| 186 | + | certain to receive a specific level, percentage, or amount of |
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| 187 | + | veterans benefits. |
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| 188 | + | (b) A person advising or assisting individuals pursuant |
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| 189 | + | to this act may not receive excessive or unreasonable fees as |
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| 190 | + | compensation. The factors articulated within 38 C.F.R. § |
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| 191 | + | 14.636 shall govern determinations of whether a fee is |
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| 192 | + | excessive or unreasonable. |
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| 193 | + | Section 5. (a) A person may not advertise the person's |
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| 194 | + | services of advising or assisting in veterans benefits matters |
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| 195 | + | for compensation without including the following disclosure: |
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| 183 | 196 | | "This business is not sponsored by, or affiliated with, |
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| 184 | 197 | | the United States Department of Veterans Affairs, the Alabama |
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| 185 | 198 | | Department of Veterans Affairs, or any other federally |
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| 186 | 199 | | chartered veterans service organization. Other organizations, |
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| 187 | 200 | | including, but not limited to, the Alabama Department of |
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| 188 | 201 | | Veterans Affairs, your local county veterans service agency,· |
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| 189 | 202 | | and other federally chartered veterans service organizations, |
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| 190 | 203 | | may be able to provide you with these services free of charge. |
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| 191 | 204 | | Products or services offered by this business are not |
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| 192 | 205 | | necessarily endorsed by any of these organizations. You may |
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| 193 | 206 | | qualify for other veterans benefits beyond the services that |
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| 194 | 207 | | this business offers." |
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| 195 | 208 | | (b) If the advertisement is printed, including, but not |
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| 196 | 209 | | limited to, advertisements visible to Internet users, the |
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| 197 | 210 | | disclosure shall appear in a readily visible place on the |
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| 198 | | - | advertisement. If the advertisement is verbal, the spoken |
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| 199 | | - | statement of the disclosure shall be clear and intelligible. |
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| 200 | | - | Section 6. In no event may a person receive |
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| 201 | | - | compensation for referring an individual to another person to |
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| 202 | | - | advise or assist the individual with any veterans benefits |
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| 203 | | - | matter. |
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| 204 | | - | Section 7. A violation of this act shall be considered |
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| 205 | | - | a violation of the Deceptive Trade Practices Act under Chapter |
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| 206 | | - | 19 of Title 8, Code of Alabama 1975. |
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| 207 | | - | Section 8. The provisions of this act shall not apply |
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| 208 | | - | to an attorney accredited by the federal government pursuant |
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| 209 | | - | to 38 C.F.R. § 14.629. |
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| 210 | | - | Section 9. This act shall become effective on October |
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| 211 | | - | 1, 2025. |
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| 240 | + | disclosure shall appear in a readily visible place on the |
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| 241 | + | advertisement. If the advertisement is verbal, the spoken |
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| 242 | + | statement of the disclosure shall be clear and intelligible. |
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| 243 | + | Section 6. In no event may a person receive |
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| 244 | + | compensation for referring an individual to another person to |
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| 245 | + | advise or assist the individual with any veterans benefits |
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| 246 | + | matter. |
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| 247 | + | Section 7. A violation of this act shall be considered |
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| 248 | + | a violation of the Deceptive Trade Practices Act under Chapter |
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| 249 | + | 19 of Title 8, Code of Alabama 1975. |
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| 250 | + | Section 8. This act shall become effective on October |
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