| 11 | 11 | | |
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| 12 | 12 | | AN ACT CONCERNING IMMIGRATION SERVICES FRAUD. |
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| 13 | 13 | | |
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| 14 | 14 | | Be it enacted by the Senate and House of Representatives in General Assembly convened: |
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| 15 | 15 | | |
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| 16 | 16 | | Section 1. (NEW) (Effective July 1, 2013) (a) As used in this section: |
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| 17 | 17 | | |
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| 18 | 18 | | (1) "Immigration services" means services provided for a fee or other compensation to a person who has come or plans to come to the United States from a foreign country, or such person's representative, in relation to any proceeding, filing or action affecting the nonimmigrant, immigrant or citizenship status of a person which arises under an immigration and nationality law, executive order or presidential proclamation, or which arises under actions or regulations of the United States Bureau of Citizenship and Immigration Services, the United States Department of Labor or the United States Department of State; |
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| 19 | 19 | | |
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| 20 | 20 | | (2) "Provider" means any person, including, but not limited to, a corporation, partnership, limited liability company, sole proprietorship or natural person, that provides immigration services, but shall not include (A) any person duly admitted to practice law in this state and any person working directly under the supervision of such person duly admitted to practice law; (B) any not-for-profit tax exempt organization that provides immigrant assistance without a fee or other payment from individuals or at nominal fees, as defined by the federal Board of Immigration Appeals, and the employees of such organization, when acting within the scope of such employment; or (C) any organization recognized by the federal Board of Immigration Appeals that provides services via representatives accredited by such board to appear before the United States Bureau of Citizenship and Immigration Services or Executive Office for Immigration Review, that does not charge a fee or charges nominal fees, as defined by the federal Board of Immigration Appeals; |
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| 21 | 21 | | |
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| 22 | 22 | | (3) "Business day" means any day except a Sunday or a legal holiday; |
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| 23 | 23 | | |
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| 24 | 24 | | (4) "Immigration services contract" means an agreement by which a buyer is entitled to immigration services; and |
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| 25 | 25 | | |
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| 26 | 26 | | (5) "Buyer" means a person who enters into or receives the benefit of an immigration services contract. |
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| 27 | 27 | | |
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| 28 | 28 | | (b) A copy of the immigration services contract shall be delivered to the buyer at the time the contract is signed. Each immigration services contract shall (1) be in writing, (2) be signed by the provider and the buyer, (3) designate the date on which the buyer actually signs the contract, (4) identify the address of the location at which the buyer entered the contract, (5) be in English and every other language in which the provider provides or offers to provide immigration services, (6) provide that such contract may be cancelled not later than three business days after the date of receipt by the buyer of a copy of the contract, and (7) include a statement of buyer's rights which complies with the provisions of this subsection. The statement shall (A) appear in the contract under the conspicuous caption: "BUYER'S RIGHT TO CANCEL", and (B) read as follows: |
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| 29 | 29 | | |
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| 30 | 30 | | "If you wish to cancel this contract, you may cancel by mailing a written notice by certified or registered mail to the address specified below. The notice must say that you do not wish to be bound by this contract and must be delivered or mailed before midnight of the third business day after you sign this contract. After you cancel, the provider may request the return of all contracts and previously delivered documents. The notice shall be delivered or mailed to: |
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| 31 | 31 | | |
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| 32 | 32 | | .... |
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| 33 | 33 | | |
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| 34 | 34 | | .... |
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| 35 | 35 | | |
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| 36 | 36 | | (Insert name and mailing address for cancellation notice.)" |
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| 37 | 37 | | |
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| 38 | 38 | | The full text of this statement shall be in ten-point bold face type. |
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| 39 | 39 | | |
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| 40 | 40 | | (c) (1) If a buyer cancels an immigration services contract pursuant to subsection (b) of this section, the provider shall send the buyer a written confirmation of cancellation not later than fifteen days after receipt by the provider of the buyer's cancellation notice. If the provider fails to send such written notice to the buyer not later than fifteen days, the provider shall be deemed to have accepted the cancellation. |
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| 41 | 41 | | |
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| 42 | 42 | | (2) Cancellation shall be without liability on the part of the buyer and the buyer shall be entitled to a refund of the entire consideration paid for the contract not later than fifteen days. Such right of cancellation shall not be affected by the terms of the contract and may not be waived or otherwise surrendered. |
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| 43 | 43 | | |
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| 44 | 44 | | (3) Any refund to the buyer as a result of cancellation of the contract shall be delivered by the provider to the buyer not later than fifteen business days after receipt by the provider of the notice of cancellation. |
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| 45 | 45 | | |
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| 46 | 46 | | (d) Each immigration services contract entered into by a provider shall include the following statement and read as follows: |
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| 47 | 47 | | |
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| 48 | 48 | | "I AM NOT AN ATTORNEY LICENSED TO PRACTICE LAW AND MAY NOT GIVE LEGAL ADVICE OR ACCEPT FEES FOR LEGAL ADVICE. I AM NOT ACCREDITED TO REPRESENT YOU BEFORE THE UNITED STATES CITIZENSHIP AND IMMIGRATION SERVICES AND THE IMMIGRATION BOARD OF APPEALS." |
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| 49 | 49 | | |
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| 50 | 50 | | The statement shall be in capital letters and not less than twelve-point bold face type. |
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| 51 | 51 | | |
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| 52 | 52 | | (e) A buyer of an immigration services contract that is in material violation of this section shall have a right of action against the provider for recovery of triple the amount actually paid to the provider under the contract. In addition to any judgment awarded to the buyer, the court may allow reasonable attorney's fees. |
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| 53 | 53 | | |
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| 54 | 54 | | (f) No provider shall (1) offer guaranteed results, (2) make representations of having influence over government officials, agencies or courts, or (3) make representations of access to programs or legal remedies not available to the general public. |
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| 55 | 55 | | |
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| 56 | 56 | | (g) A buyer shall be able to terminate a contract for immigration services with a provider at will. Such right of termination shall not be affected by the terms of the contract and may not be waived or otherwise surrendered. |
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| 57 | 57 | | |
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| 58 | 58 | | (h) A violation of any of the provisions of this section shall be deemed an unfair or deceptive trade practice under subsection (a) of section 42-110b of the general statutes. |
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| 59 | 59 | | |
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| 60 | 60 | | |
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| 61 | 61 | | |
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| 62 | 62 | | |
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| 63 | 63 | | This act shall take effect as follows and shall amend the following sections: |
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| 64 | 64 | | Section 1 July 1, 2013 New section |
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| 65 | 65 | | |
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| 66 | 66 | | This act shall take effect as follows and shall amend the following sections: |
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| 67 | 67 | | |
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| 68 | 68 | | Section 1 |
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| 69 | 69 | | |
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| 70 | 70 | | July 1, 2013 |
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| 71 | 71 | | |
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| 72 | 72 | | New section |
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| 73 | 73 | | |
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