First Regular Session Seventy-fifth General Assembly STATE OF COLORADO REENGROSSED This Version Includes All Amendments Adopted in the House of Introduction LLS NO. 25-1035.01 Anna Petrini x5497 SENATE BILL 25-282 Senate Committees House Committees State, Veterans, & Military Affairs A BILL FOR AN ACT C ONCERNING PERSONS WHO PROVIDE SERVICES RELATED TO101 VETERANS' BENEFITS CLAIMS, AND, IN CONNECTION THEREWITH,102 ESTABLISHING THAT CERTAIN ACT IONS BY SUCH PERSONS ARE103 DECEPTIVE TRADE PRACTICES UNDER THE "COLORADO104 C ONSUMER PROTECTION ACT".105 Bill Summary (Note: This summary applies to this bill as introduced and does not reflect any amendments that may be subsequently adopted. If this bill passes third reading in the house of introduction, a bill summary that applies to the reengrossed version of this bill will be available at http://leg.colorado.gov .) The bill makes it a deceptive trade practice under the "Colorado Consumer Protection Act" for a person who consults with, advises, or SENATE 3rd Reading Unamended April 15, 2025 SENATE Amended 2nd Reading April 14, 2025 SENATE SPONSORSHIP Ball and Pelton B., Cutter, Exum, Gonzales J., Jodeh, Kirkmeyer, Kolker, Mullica, Pelton R., Rodriguez, Wallace, Weissman HOUSE SPONSORSHIP Feret and Armagost, Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment. Capital letters or bold & italic numbers indicate new material to be added to existing law. Dashes through the words or numbers indicate deletions from existing law. assists a veteran, in connection with a claim for veterans' benefits (veterans' benefits matter), to: ! Receive compensation in excess of the lesser of $9,000 or 20% of the amount of any past-due benefits the veteran actually receives after the person procures an increase in the veteran's monthly benefits; ! Receive compensation in connection with a claim filed within the one-year period following a veteran's release from active duty; ! Guarantee a successful outcome in a veterans' benefits matter; ! Fail to memorialize the payment terms and certain disclosures in a written, signed contract; ! Omit certain disclosures from advertising or make false representations about accreditation; ! Fail to take various security measures related to veterans' personal information; or ! Provide services in connection with an appeal or review of the veterans administration's initial decision in a veterans' benefits matter. The bill requires the attorney general or district attorney to transmit any civil penalty collected for a violation of the veterans' benefits matter provisions to the state treasurer for deposit in the Colorado state veterans trust fund. Be it enacted by the General Assembly of the State of Colorado:1 SECTION 1. In Colorado Revised Statutes, 6-1-112, amend2 (1)(a), (1)(b), and (1)(c); and add (4) as follows:3 6-1-112. Civil penalties - definition. (1) The attorney general or4 a district attorney may bring a civil action on behalf of the state to seek5 the imposition of civil penalties as follows:6 (a) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)7 of this section, any person who violates or causes another to violate any8 provision of this article 1 shall forfeit and pay to the general fund of this9 state a civil penalty of not more than twenty thousand dollars for each10 such violation. For purposes of this subsection (1)(a), a violation of any11 282-2- provision shall constitute CONSTITUTES a separate violation with respect1 to each consumer or transaction involved.2 (b) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)3 of this section, any person who violates or causes another to violate any4 court order or injunction issued pursuant to this article 1 shall forfeit and5 pay to the general fund of this state a civil penalty of not more than ten6 thousand dollars for each such violation. For the purposes of this section,7 the court issuing the order or injunction shall retain RETAINS jurisdiction,8 and the cause shall be IS continued. Upon violation, the attorney general9 or a district attorney may petition the court for the recovery of the civil10 penalty. Such THE civil penalty shall be IS in addition to any other penalty11 or remedy available for the enforcement of the provisions of this article12 1 and any court order or injunction.13 (c) Except as provided in subsection (3) SUBSECTIONS (3) AND (4)14 of this section, any person who violates or causes another to violate any15 provision of this article 1, where IN WHICH such THE violation was16 committed against an elderly person, shall forfeit and pay to the general17 fund of the state a civil penalty of not more than fifty thousand dollars for18 each such violation. For purposes of this subsection (1)(c), a violation of19 any provision of this article 1 is a separate violation with respect to each20 elderly person involved.21 (4) T HE ATTORNEY GENERAL OR DISTRICT ATTORNEY SHALL22 TRANSMIT ANY CIVIL PENALTY COLLECTED IN ACCORDANCE WITH THIS23 SECTION FOR A VIOLATION DESCRIBED IN SECTION 6-1-105 (1)(iiii) TO THE24 STATE TREASURER FOR DEPOSIT IN THE COLORADO STATE VETERANS25 TRUST FUND CREATED IN SECTION 28-5-709.26 SECTION 2. In Colorado Revised Statutes, add 6-1-737 as27 282 -3- follows:1 6-1-737. Veterans' benefits matters - compensation for2 services - written agreements - advertising - disclosures - deceptive3 trade practice - definitions. (1) A S USED IN THIS SECTION, UNLESS THE4 CONTEXT OTHERWISE REQUIRES :5 (a) "C OMPENSATION" MEANS ANY MONEY, THING OF VALUE, OR6 ECONOMIC BENEFIT CONFERRED ON OR RECEIVED BY A PERSON IN RETURN7 FOR SERVICES RENDERED OR TO BE RENDERED BY THE PERSON OR8 ANOTHER.9 (b) "P ERSON" HAS THE SAME MEANING AS SET FORTH IN SECTION10 6-1-102.11 (c) "V ETERAN" MEANS A PERSON WHO SERVED ON ACTIVE DUTY IN 12 THE ARMED FORCES OF THE UNITED STATES AND WHO WAS DISCHARGED13 OR RELEASED UNDER CONDITIONS OTHER THAN DISHONORABLE , IN14 ACCORDANCE WITH U.S.C. TITLE 38. "VETERAN" INCLUDES AN ELIGIBLE15 MEMBER OF THE RESERVES OR NATIONAL GUARD , A VETERAN'S16 DEPENDENT, A VETERAN'S SURVIVOR, OR ANOTHER INDIVIDUAL ELIGIBLE17 FOR A BENEFIT PURSUANT TO THE LAWS AND REGULATIONS ADMINISTERED18 BY THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE19 C OLORADO DEPARTMENT OF MILITARY AND VETERANS AFFAIRS .20 (d) "V ETERANS' BENEFITS MATTER" MEANS THE PREPARATION ,21 PRESENTATION, OR PROSECUTION OF A CLAIM AFFECTING A VETERAN WHO22 HAS FILED OR EXPRESSED AN INTENT TO FILE A CLAIM FOR A BENEFIT ,23 PROGRAM, SERVICE, COMMODITY, FUNCTION, STATUS, OR ENTITLEMENT24 FOR WHICH THE VETERAN MAY BE ELIGIBLE PURSUANT TO THE LAWS AND25 REGULATIONS ADMINISTERED BY THE UNITED STATES DEPARTMENT OF26 VETERANS AFFAIRS OR THE COLORADO DEPARTMENT OF MILITARY AND27 282 -4- VETERANS AFFAIRS.1 (2) (a) A PERSON MAY ONLY BE COMPENSATED FOR CONSULTING2 WITH, ADVISING, OR ASSISTING A VETERAN ON A VETERANS ' BENEFITS3 MATTER IF THE PERSON SECURES AN INCREASE IN THE BENEFITS AWARDED .4 C OMPENSATION FOR CONSULTING WITH , ADVISING, OR ASSISTING A5 VETERAN ON A VETERANS ' BENEFITS MATTER MUST NOT EXCEED THE6 LESSER OF NINE THOUSAND TWO HUNDRED DOLLARS OR TWENTY FIVE 7 PERCENT OF ANY PAST-DUE BENEFITS A VETERAN ACTUALLY RECEIVES8 AFTER AN INCREASE IN MONTHLY BENEFITS IS AWARDED AS A RESULT OF9 THE PERSON'S CONSULTATION, ADVICE, OR ASSISTANCE.10 (b) A PERSON SHALL NOT RECEIVE ANY COMPENSATION FOR11 CONSULTING WITH, ADVISING, OR ASSISTING A VETERAN ON A VETERANS'12 BENEFITS MATTER BEYOND THE COMPENSATION CALCULATED PURSUANT13 TO SUBSECTION (2)(a) OF THIS SECTION. THE PROHIBITION ON ADDITIONAL14 COMPENSATION EXTENDS TO , BUT IS NOT LIMITED TO, AN INITIAL OR15 NONREFUNDABLE FEE.16 (3) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A17 VETERANS' BENEFITS MATTER SHALL NOT RECEIVE COMPENSATION IN18 CONNECTION WITH A CLAIM FILED PRIOR TO A VETERAN 'S RELEASE FROM 19 ACTIVE DUTY OR WITHIN THE ONE-YEAR PERIOD FOLLOWING A VETERAN 'S20 RELEASE FROM ACTIVE DUTY DURING WHICH THE UNITED STATES21 DEPARTMENT OF VETERANS AFFAIRS PRESUMES CERTAIN DISABLING22 CONDITIONS ARE SERVICE-CONNECTED.23 (4) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A24 VETERANS' BENEFITS MATTER SHALL NOT GUARANTEE , EITHER DIRECTLY25 OR BY IMPLICATION, A SUCCESSFUL OR SPECIFIC OUTCOME IN A VETERANS'26 BENEFITS MATTER, INCLUDING THAT A VETERAN IS CERTAIN TO RECEIVE27 282 -5- SPECIFIC VETERANS' BENEFITS OR THAT A VETERAN IS CERTAIN TO RECEIVE1 A SPECIFIC LEVEL, PERCENTAGE, OR AMOUNT OF VETERANS' BENEFITS.2 (5) A PERSON SEEKING COMPENSATION FOR CONSULTING ,3 ADVISING, OR ASSISTING ON A VETERANS ' BENEFITS MATTER SHALL ,4 BEFORE RENDERING ANY SERVICES , MEMORIALIZE IN READABLE, CLEAR,5 AND UNAMBIGUOUS LANGUAGE IN A WRITTEN CONTRACT SIGNED BY BOTH6 PARTIES THE TERMS AND CONDITIONS OF THE AGREEMENT FOR SERVICES ,7 INCLUDING A DESCRIPTION OF THE SERVICES; THE DISCLOSURES REQUIRED8 PURSUANT TO SUBSECTION (6)(a) OF THIS SECTION; AND HOW THE AMOUNT9 OF COMPENSATION IS DETERMINED AND PAID .10 (6) (a) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A11 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL PROVIDE THE12 FOLLOWING DISCLOSURE IN THE CONTRACT REQUIRED PURSUANT TO13 SUBSECTION (5) OF THIS SECTION AND IN ALL ADVERTISING:14 T HIS BUSINESS IS NOT SPONSORED BY OR AFFILIATED WITH15 THE UNITED STATES DEPARTMENT OF VETERANS AFFAIRS16 OR THE COLORADO DEPARTMENT OF MILITARY AND17 V ETERANS AFFAIRS, OR ANY OTHER FEDERALLY CHARTERED18 VETERANS' SERVICE ORGANIZATION . OTHER19 ORGANIZATIONS, INCLUDING, BUT NOT LIMITED TO, THE20 C OLORADO DEPARTMENT OF MILITARY AND VETERANS21 A FFAIRS, A LOCAL VETERANS' SERVICE ORGANIZATION AND22 OTHER FEDERALLY CHARTERED VETERANS ' SERVICE23 ORGANIZATIONS, PROVIDE THIS SERVICE FREE OF24 CHARGE. YOU MAY QUALIFY FO R OTHER VETERANS '25 BENEFITS SERVICES OUTSIDE THE SCOPE OF WHAT THIS26 BUSINESS OFFERS. ALL DISABILITY CLAIMS FOR INCREASED27 282 -6- RATINGS ARE PROCESSED BY THE UNITED STATES1 DEPARTMENT OF VETERANS AFFAIRS . THIS BUSINESS2 CANNOT EXPEDITE THE PROCESSING OF YOUR CLAIM BY THE3 U NITED STATES DEPARTMENT OF VETERANS AFFAIRS .4 (b) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A5 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL ENSURE THAT6 THE DISCLOSURE REQUIRED PURSUANT TO SUBSECTION (6)(a) OF THIS7 SECTION IS CLEARLY AND CONSPICUOUSLY DISPLAYED IN ANY PRINT OR8 VISUAL ADVERTISING MEDIUM , COMMUNICATED AT A VOLUME AND9 CADENCE SUFFICIENT TO BE READILY AUDIBLE AND UNDERSTANDABLE IN10 ANY AUDIO ADVERTISING MEDIUM , OR OTHERWISE INTELLIGIBLE AS11 APPROPRIATE TO THE ADVERTISING MEDIUM .12 (7) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A13 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL NOT MAKE A14 FALSE REPRESENTATION THAT THE PERSON IS A REPRESENTATIVE OF A15 VETERANS' SERVICE ORGANIZATION, A CLAIMS AGENT, OR AN ATTORNEY,16 WHO IS ACCREDITED BY THE UNITED STATES VETERANS ADMINISTRATION17 TO ASSIST VETERANS IN THE PREPARATION , PRESENTATION, OR18 PROSECUTION OF BENEFIT CLAIMS.19 (8) (a) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A20 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL NOT :21 (I) U SE A VETERAN'S PERSONAL LOG-IN CREDENTIALS TO ACCESS22 THE VETERAN'S MEDICAL, FINANCIAL, OR GOVERNMENT BENEFITS23 INFORMATION; OR24 (II) D ISCLOSE PERSONAL DATA OBTAINED IN CONNECTION WITH A25 VETERANS' BENEFITS MATTER TO A THIRD PERSON , UNLESS THE26 DISCLOSURE IS MADE PURSUANT TO A COURT ORDER .27 282 -7- (b) A PERSON CONSULTING, ADVISING, OR ASSISTING ON A1 VETERANS' BENEFITS MATTER FOR COMPENSATION SHALL SAFEGUARD A2 VETERAN'S PERSONAL, FINANCIAL, AND MEDICAL INFORMATION IN3 COMPLIANCE WITH FEDERAL AND STATE PRIVACY LAWS , INCLUDING THE4 FEDERAL "HEALTH INSURANCE PORTABILITY AND ACCOUNTABILITY ACT5 OF 1996", 42 U.S.C. SEC. 1320d TO 1320d-9.6 (9) I F A VETERAN DIES BEFORE A CLAIM IS PROCESSED BY THE7 U NITED STATES DEPARTMENT OF VETERANS AFFAIRS OR THE COLORADO8 DEPARTMENT OF MILITARY AND VETERANS AFFAIRS , A PERSON9 CONSULTING, ADVISING, OR ASSISTING ON THE VETERANS ' BENEFITS10 MATTER SHALL NOT COLLECT COMPENSATION IN CONNECTION WITH THE11 VETERANS' BENEFITS MATTER. THE DEATH OF THE VETERAN IMMEDIATELY12 TERMINATES A CONTRACT OR PAYMENT PLAN FOR SERVICES THE PERSON13 PERFORMS IN CONNECTION WITH THE VETERANS ' BENEFITS MATTER.14 (10) F OLLOWING AN INITIAL DECISION BY THE UNITED STATES15 DEPARTMENT OF VETERANS AFFAIRS IN A VETERANS ' BENEFITS MATTER, A16 PERSON WHO IS NOT ACCREDITED BY THE UNITED STATES DEPARTMENT OF17 VETERANS AFFAIRS SHALL NOT CONSULT , ADVISE, ASSIST, OR OFFER OTHER18 SERVICES IN CONNECTION WITH AN APPEAL OR REVIEW OF THE DECISION .19 (11) A PERSON WHO VIOLATES A PROVISION OF THIS SECTION20 ENGAGES IN A DECEPTIVE TRADE PRACTICE .21 (12) T HIS SECTION DOES NOT APPLY TO AGENTS , ATTORNEYS, OR22 OTHER REPRESENTATIVES ACCREDITED BY THE UNITED STATES23 DEPARTMENT OF VETERANS AFFAIRS AND REGULATED BY THAT AGENCY .24 SECTION 3. In Colorado Revised Statutes, 6-1-105, add (1)(iiii)25 as follows:26 6-1-105. Unfair or deceptive trade practices - definitions. (1) A27 282 -8- person engages in a deceptive trade practice when, in the course of the1 person's business, vocation, or occupation, the person:2 (iiii) V IOLATES A PROVISION OF SECTION 6-1-737.3 SECTION 4. Act subject to petition - effective date. This act4 takes effect at 12:01 a.m. on the day following the expiration of the5 ninety-day period after final adjournment of the general assembly; except6 that, if a referendum petition is filed pursuant to section 1 (3) of article V7 of the state constitution against this act or an item, section, or part of this8 act within such period, then the act, item, section, or part will not take9 effect unless approved by the people at the general election to be held in10 November 2026 and, in such case, will take effect on the date of the11 official declaration of the vote thereon by the governor.12 282 -9-