Colorado 2025 2025 Regular Session

Colorado Senate Bill SB282 Engrossed / Bill

Filed 04/15/2025

                    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-