Indiana 2025 Regular Session

Indiana House Bill HB1504 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	HOUSE BILL No. 1504
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 10-17-17; IC 24-5-0.5-3.
7	7	Synopsis: Assistance for obtaining veterans' benefits. Provides that a
8	8	person may not receive compensation for assisting a person to obtain
9	9	veterans' benefits unless authorized by federal law. Establishes
10	10	disclosure statement requirements for a person to provide assistance for
11	11	compensation under federal law. Provides that a violation constitutes
12	12	a prohibited consumer sale.
13	13	Effective: July 1, 2025.
14	14	Lawson
15	15	January 21, 2025, read first time and referred to Committee on Veterans Affairs and Public
16	16	Safety.
17	17	2025 IN 1504—LS 6802/DI 116 Introduced
18	18	First Regular Session of the 124th General Assembly (2025)
19	19	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
20	20	Constitution) is being amended, the text of the existing provision will appear in this style type,
21	21	additions will appear in this style type, and deletions will appear in this style type.
22	22	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
23	23	provision adopted), the text of the new provision will appear in this style type. Also, the
24	24	word NEW will appear in that style type in the introductory clause of each SECTION that adds
25	25	a new provision to the Indiana Code or the Indiana Constitution.
26	26	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
27	27	between statutes enacted by the 2024 Regular Session of the General Assembly.
28	28	HOUSE BILL No. 1504
29	29	A BILL FOR AN ACT to amend the Indiana Code concerning
30	30	veterans affairs.
31	31	Be it enacted by the General Assembly of the State of Indiana:
32	32	1 SECTION 1. IC 10-17-17 IS ADDED TO THE INDIANA CODE
33	33	2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
34	34	3 JULY 1, 2025]:
35	35	4 Chapter 17. Prohibition Against Receiving Compensation for
36	36	5 Assisting a Person to Obtain Veterans' Benefits
37	37	6 Sec. 1. This chapter does not apply to:
38	38	7 (1) a representative of a recognized organization;
39	39	8 (2) an accredited agent; or
40	40	9 (3) an attorney;
41	41	10 accredited under 38 CFR 14.629 (as in effect July 1, 2025).
42	42	11 Sec. 2. As used in this chapter, "compensation" means payment
43	43	12 of money, a thing of value, or a financial benefit.
44	44	13 Sec. 3. As used in this chapter, "person" means:
45	45	14 (1) an individual;
46	46	15 (2) a corporation;
47	47	16 (3) a business trust;
48	48	17 (4) an estate;
49	49	2025 IN 1504—LS 6802/DI 116 2
50	50	1 (5) a trust;
51	51	2 (6) a partnership;
52	52	3 (7) a limited liability company;
53	53	4 (8) an association;
54	54	5 (9) a joint venture;
55	55	6 (10) a public corporation;
56	56	7 (11) a government or governmental subdivision, agency, or
57	57	8 instrumentality; or
58	58	9 (12) any other legal or commercial entity.
59	59	10 Sec. 4. As used in this chapter, "veterans' benefits matter"
60	60	11 means the preparation, presentation, or prosecution of a claim
61	61	12 affecting an individual who has filed or expressed an intent to file
62	62	13 a claim for a benefit, program, service, commodity, function, or
63	63	14 status, entitlement to which is determined under the laws and
64	64	15 regulations administered by the United States Department of
65	65	16 Veterans Affairs or the United States Department of Defense
66	66	17 pertaining to veterans, their dependents, their survivors, and any
67	67	18 other individual eligible for such benefits.
68	68	19 Sec. 5. A person may not do the following:
69	69	20 (1) Receive compensation for the:
70	70	21 (A) preparation, presentation, or prosecution of; or
71	71	22 (B) advising, consulting, or assisting an individual
72	72	23 regarding;
73	73	24 a veterans' benefits matter, except as permitted under federal
74	74	25 law.
75	75	26 (2) Receive compensation for referring an individual to
76	76	27 another person to:
77	77	28 (A) prepare;
78	78	29 (B) present or prosecute, or advise on; or
79	79	30 (C) consult or assist the individual regarding;
80	80	31 a veterans' benefits matter.
81	81	32 (3) Receive, with respect to an individual's veterans' benefits
82	82	33 matter, compensation for services rendered before the date on
83	83	34 which a notice of disagreement, decision review, or appeal is
84	84	35 filed, whichever occurs first.
85	85	36 (4) Guarantee, either directly or by implication, that any
86	86	37 individual is certain to receive specific veterans' benefits or
87	87	38 that any individual is certain to receive a specific level,
88	88	39 percentage, or amount of veterans' benefits.
89	89	40 (5) Receive excessive or unreasonable fees as compensation
90	90	41 for preparation, presentation or prosecution of, or advising,
91	91	42 consulting, or assisting an individual regarding, a veterans'
92	92	2025 IN 1504—LS 6802/DI 116 3
93	93	1 benefits matter. The factors articulated in 38 CFR 14.636 (as
94	94	2 in effect July 1, 2025) govern determinations of whether a fee
95	95	3 is excessive or unreasonable.
96	96	4 Sec. 6. A person seeking to receive compensation for:
97	97	5 (1) preparation, presentation, or prosecution of; or
98	98	6 (2) advising, consulting, or assisting an individual regarding;
99	99	7 a veterans' benefits matter shall, before rendering any services,
100	100	8 memorialize in a written agreement signed by both parties that
101	101	9 adheres to all criteria specified in 38 CFR 14.636 (as in effect July
102	102	10 1, 2025) all terms regarding the individual's payment of fees for
103	103	11 services rendered.
104	104	12 Sec. 7. (a) A person may not advise or assist for compensation
105	105	13 any individual concerning any veterans' benefits matter without
106	106	14 clearly providing, at the outset of the business relationship, the
107	107	15 following disclosure, both orally and in writing:
108	108	16 "This business is not sponsored by, or affiliated with, the
109	109	17 United States Department of Veterans Affairs or the Indiana
110	110	18 Department of Veterans' Affairs, or any other federally
111	111	19 chartered veterans service organization. Other organizations,
112	112	20 including the Indiana Department of Veterans' Affairs, your
113	113	21 local county veterans service officer, and other federally
114	114	22 chartered veterans service organizations, may be able to
115	115	23 provide you with this service free of charge. Products or
116	116	24 services offered by this business are not necessarily endorsed
117	117	25 by any of these organizations. You may qualify for other
118	118	26 veterans benefits beyond the benefits for which you are
119	119	27 receiving services here.".
120	120	28 The written disclosure shall appear in at least 12 point font and
121	121	29 shall appear in a readily noticeable and identifiable place in the
122	122	30 person's agreement with the individual seeking services. The
123	123	31 individual shall verbally acknowledge understanding of the oral
124	124	32 disclosure and shall sign the document in which the written
125	125	33 disclosure appears to represent understanding of these provisions.
126	126	34 The person offering services shall retain a copy of the written
127	127	35 disclosure while providing veterans' benefits services for
128	128	36 compensation to the individual and for at least one (1) year after
129	129	37 the date on which the service relationship terminates.
130	130	38 (b) A person may not advertise for compensation services in
131	131	39 veterans' benefits matters without including the following
132	132	40 disclosure:
133	133	41 "This business is not sponsored by, or affiliated with, the
134	134	42 United States Department of Veterans Affairs or the Indiana
135	135	2025 IN 1504—LS 6802/DI 116 4
136	136	1 Department of Veterans' Affairs, or any other federally
137	137	2 chartered veterans service organization. Other organizations,
138	138	3 including the Indiana Department of Veterans' Affairs, your
139	139	4 local county veterans service officer, and other federally
140	140	5 chartered veterans service organizations, may be able to
141	141	6 provide you with these services free of charge. Products or
142	142	7 services offered by this business are not necessarily endorsed
143	143	8 by any of these organizations. You may qualify for other
144	144	9 veterans benefits beyond the benefits that this business offers
145	145	10 through its services.".
146	146	11 If the advertisement is printed, including advertisements visible on
147	147	12 the Internet, the disclosure shall appear in a readily visible place
148	148	13 on the advertisement. If the advertisement is verbal, the spoken
149	149	14 statement of the disclosure shall be clear and intelligible.
150	150	15 Sec. 8. A violation of this chapter constitutes a violation under
151	151	16 IC 24-5-0.5.
152	152	17 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
153	153	18 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
154	154	19 JULY 1, 2025]: Sec. 3. (a) A supplier may not commit an unfair,
155	155	20 abusive, or deceptive act, omission, or practice in connection with a
156	156	21 consumer transaction. Such an act, omission, or practice by a supplier
157	157	22 is a violation of this chapter whether it occurs before, during, or after
158	158	23 the transaction. An act, omission, or practice prohibited by this section
159	159	24 includes both implicit and explicit misrepresentations.
160	160	25 (b) Without limiting the scope of subsection (a), the following acts,
161	161	26 and the following representations as to the subject matter of a
162	162	27 consumer transaction, made orally, in writing, or by electronic
163	163	28 communication, by a supplier, are deceptive acts:
164	164	29 (1) That such subject of a consumer transaction has sponsorship,
165	165	30 approval, performance, characteristics, accessories, uses, or
166	166	31 benefits it does not have which the supplier knows or should
167	167	32 reasonably know it does not have.
168	168	33 (2) That such subject of a consumer transaction is of a particular
169	169	34 standard, quality, grade, style, or model, if it is not and if the
170	170	35 supplier knows or should reasonably know that it is not.
171	171	36 (3) That such subject of a consumer transaction is new or unused,
172	172	37 if it is not and if the supplier knows or should reasonably know
173	173	38 that it is not.
174	174	39 (4) That such subject of a consumer transaction will be supplied
175	175	40 to the public in greater quantity than the supplier intends or
176	176	41 reasonably expects.
177	177	42 (5) That replacement or repair constituting the subject of a
178	178	2025 IN 1504—LS 6802/DI 116 5
179	179	1 consumer transaction is needed, if it is not and if the supplier
180	180	2 knows or should reasonably know that it is not.
181	181	3 (6) That a specific price advantage exists as to such subject of a
182	182	4 consumer transaction, if it does not and if the supplier knows or
183	183	5 should reasonably know that it does not.
184	184	6 (7) That the supplier has a sponsorship, approval, or affiliation in
185	185	7 such consumer transaction the supplier does not have, and which
186	186	8 the supplier knows or should reasonably know that the supplier
187	187	9 does not have.
188	188	10 (8) That such consumer transaction involves or does not involve
189	189	11 a warranty, a disclaimer of warranties, or other rights, remedies,
190	190	12 or obligations, if the representation is false and if the supplier
191	191	13 knows or should reasonably know that the representation is false.
192	192	14 (9) That the consumer will receive a rebate, discount, or other
193	193	15 benefit as an inducement for entering into a sale or lease in return
194	194	16 for giving the supplier the names of prospective consumers or
195	195	17 otherwise helping the supplier to enter into other consumer
196	196	18 transactions, if earning the benefit, rebate, or discount is
197	197	19 contingent upon the occurrence of an event subsequent to the time
198	198	20 the consumer agrees to the purchase or lease.
199	199	21 (10) That the supplier is able to deliver or complete the subject of
200	200	22 the consumer transaction within a stated period of time, when the
201	201	23 supplier knows or should reasonably know the supplier could not.
202	202	24 If no time period has been stated by the supplier, there is a
203	203	25 presumption that the supplier has represented that the supplier
204	204	26 will deliver or complete the subject of the consumer transaction
205	205	27 within a reasonable time, according to the course of dealing or the
206	206	28 usage of the trade.
207	207	29 (11) That the consumer will be able to purchase the subject of the
208	208	30 consumer transaction as advertised by the supplier, if the supplier
209	209	31 does not intend to sell it.
210	210	32 (12) That the replacement or repair constituting the subject of a
211	211	33 consumer transaction can be made by the supplier for the estimate
212	212	34 the supplier gives a customer for the replacement or repair, if the
213	213	35 specified work is completed and:
214	214	36 (A) the cost exceeds the estimate by an amount equal to or
215	215	37 greater than ten percent (10%) of the estimate;
216	216	38 (B) the supplier did not obtain written permission from the
217	217	39 customer to authorize the supplier to complete the work even
218	218	40 if the cost would exceed the amounts specified in clause (A);
219	219	41 (C) the total cost for services and parts for a single transaction
220	220	42 is more than seven hundred fifty dollars ($750); and
221	221	2025 IN 1504—LS 6802/DI 116 6
222	222	1 (D) the supplier knew or reasonably should have known that
223	223	2 the cost would exceed the estimate in the amounts specified in
224	224	3 clause (A).
225	225	4 (13) That the replacement or repair constituting the subject of a
226	226	5 consumer transaction is needed, and that the supplier disposes of
227	227	6 the part repaired or replaced earlier than seventy-two (72) hours
228	228	7 after both:
229	229	8 (A) the customer has been notified that the work has been
230	230	9 completed; and
231	231	10 (B) the part repaired or replaced has been made available for
232	232	11 examination upon the request of the customer.
233	233	12 (14) Engaging in the replacement or repair of the subject of a
234	234	13 consumer transaction if the consumer has not authorized the
235	235	14 replacement or repair, and if the supplier knows or should
236	236	15 reasonably know that it is not authorized.
237	237	16 (15) The act of misrepresenting the geographic location of the
238	238	17 supplier by listing an alternate business name or an assumed
239	239	18 business name (as described in IC 23-0.5-3-4) in a local telephone
240	240	19 directory if:
241	241	20 (A) the name misrepresents the supplier's geographic location;
242	242	21 (B) the listing fails to identify the locality and state of the
243	243	22 supplier's business;
244	244	23 (C) calls to the local telephone number are routinely forwarded
245	245	24 or otherwise transferred to a supplier's business location that
246	246	25 is outside the calling area covered by the local telephone
247	247	26 directory; and
248	248	27 (D) the supplier's business location is located in a county that
249	249	28 is not contiguous to a county in the calling area covered by the
250	250	29 local telephone directory.
251	251	30 (16) The act of listing an alternate business name or assumed
252	252	31 business name (as described in IC 23-0.5-3-4) in a directory
253	253	32 assistance data base if:
254	254	33 (A) the name misrepresents the supplier's geographic location;
255	255	34 (B) calls to the local telephone number are routinely forwarded
256	256	35 or otherwise transferred to a supplier's business location that
257	257	36 is outside the local calling area; and
258	258	37 (C) the supplier's business location is located in a county that
259	259	38 is not contiguous to a county in the local calling area.
260	260	39 (17) The violation by a supplier of IC 24-3-4 concerning
261	261	40 cigarettes for import or export.
262	262	41 (18) The act of a supplier in knowingly selling or reselling a
263	263	42 product to a consumer if the product has been recalled, whether
264	264	2025 IN 1504—LS 6802/DI 116 7
265	265	1 by the order of a court or a regulatory body, or voluntarily by the
266	266	2 manufacturer, distributor, or retailer, unless the product has been
267	267	3 repaired or modified to correct the defect that was the subject of
268	268	4 the recall.
269	269	5 (19) The violation by a supplier of 47 U.S.C. 227, including any
270	270	6 rules or regulations issued under 47 U.S.C. 227.
271	271	7 (20) The violation by a supplier of the federal Fair Debt
272	272	8 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
273	273	9 rules or regulations issued under the federal Fair Debt Collection
274	274	10 Practices Act (15 U.S.C. 1692 et seq.).
275	275	11 (21) A violation of IC 24-5-7 (concerning health spa services), as
276	276	12 set forth in IC 24-5-7-17.
277	277	13 (22) A violation of IC 24-5-8 (concerning business opportunity
278	278	14 transactions), as set forth in IC 24-5-8-20.
279	279	15 (23) A violation of IC 24-5-10 (concerning home consumer
280	280	16 transactions), as set forth in IC 24-5-10-18.
281	281	17 (24) A violation of IC 24-5-11 (concerning real property
282	282	18 improvement contracts), as set forth in IC 24-5-11-14.
283	283	19 (25) A violation of IC 24-5-12 (concerning telephone
284	284	20 solicitations), as set forth in IC 24-5-12-23.
285	285	21 (26) A violation of IC 24-5-13.5 (concerning buyback motor
286	286	22 vehicles), as set forth in IC 24-5-13.5-14.
287	287	23 (27) A violation of IC 24-5-14 (concerning automatic
288	288	24 dialing-announcing devices), as set forth in IC 24-5-14-13.
289	289	25 (28) A violation of IC 24-5-15 (concerning credit services
290	290	26 organizations), as set forth in IC 24-5-15-11.
291	291	27 (29) A violation of IC 24-5-16 (concerning unlawful motor
292	292	28 vehicle subleasing), as set forth in IC 24-5-16-18.
293	293	29 (30) A violation of IC 24-5-17 (concerning environmental
294	294	30 marketing claims), as set forth in IC 24-5-17-14.
295	295	31 (31) A violation of IC 24-5-19 (concerning deceptive commercial
296	296	32 solicitation), as set forth in IC 24-5-19-11.
297	297	33 (32) A violation of IC 24-5-21 (concerning prescription drug
298	298	34 discount cards), as set forth in IC 24-5-21-7.
299	299	35 (33) A violation of IC 24-5-23.5-7 (concerning real estate
300	300	36 appraisals), as set forth in IC 24-5-23.5-9.
301	301	37 (34) A violation of IC 24-5-26 (concerning identity theft), as set
302	302	38 forth in IC 24-5-26-3.
303	303	39 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
304	304	40 as set forth in IC 24-5.5-6-1.
305	305	41 (36) A violation of IC 24-8 (concerning promotional gifts and
306	306	42 contests), as set forth in IC 24-8-6-3.
307	307	2025 IN 1504—LS 6802/DI 116 8
308	308	1 (37) A violation of IC 21-18.5-6 (concerning representations
309	309	2 made by a postsecondary credit bearing proprietary educational
310	310	3 institution), as set forth in IC 21-18.5-6-22.5.
311	311	4 (38) A violation of IC 24-5-15.5 (concerning collection actions of
312	312	5 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
313	313	6 (39) A violation of IC 24-14 (concerning towing services), as set
314	314	7 forth in IC 24-14-10-1.
315	315	8 (40) A violation of IC 24-5-14.5 (concerning misleading or
316	316	9 inaccurate caller identification information), as set forth in
317	317	10 IC 24-5-14.5-12.
318	318	11 (41) A violation of IC 24-5-27 (concerning intrastate inmate
319	319	12 calling services), as set forth in IC 24-5-27-27.
320	320	13 (42) A violation of IC 15-21 (concerning sales of dogs by retail
321	321	14 pet stores), as set forth in IC 15-21-7-4.
322	322	15 (43) A violation of IC 24-4-23 (concerning the security of
323	323	16 information collected and transmitted by an adult oriented website
324	324	17 operator), as set forth in IC 24-4-23-14.
325	325	18 (44) A violation of IC 10-17-17 (concerning the prohibition
326	326	19 against receiving compensation for assisting a person to
327	327	20 obtain veterans' benefits).
328	328	21 (c) Any representations on or within a product or its packaging or
329	329	22 in advertising or promotional materials which would constitute a
330	330	23 deceptive act shall be the deceptive act both of the supplier who places
331	331	24 such representation thereon or therein, or who authored such materials,
332	332	25 and such other suppliers who shall state orally or in writing that such
333	333	26 representation is true if such other supplier shall know or have reason
334	334	27 to know that such representation was false.
335	335	28 (d) If a supplier shows by a preponderance of the evidence that an
336	336	29 act resulted from a bona fide error notwithstanding the maintenance of
337	337	30 procedures reasonably adopted to avoid the error, such act shall not be
338	338	31 deceptive within the meaning of this chapter.
339	339	32 (e) It shall be a defense to any action brought under this chapter that
340	340	33 the representation constituting an alleged deceptive act was one made
341	341	34 in good faith by the supplier without knowledge of its falsity and in
342	342	35 reliance upon the oral or written representations of the manufacturer,
343	343	36 the person from whom the supplier acquired the product, any testing
344	344	37 organization, or any other person provided that the source thereof is
345	345	38 disclosed to the consumer.
346	346	39 (f) For purposes of subsection (b)(12), a supplier that provides
347	347	40 estimates before performing repair or replacement work for a customer
348	348	41 shall give the customer a written estimate itemizing as closely as
349	349	42 possible the price for labor and parts necessary for the specific job
350	350	2025 IN 1504—LS 6802/DI 116 9
351	351	1 before commencing the work.
352	352	2 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
353	353	3 company or other provider of a telephone directory or directory
354	354	4 assistance service or its officer or agent is immune from liability for
355	355	5 publishing the listing of an alternate business name or assumed
356	356	6 business name of a supplier in its directory or directory assistance data
357	357	7 base unless the telephone company or other provider of a telephone
358	358	8 directory or directory assistance service is the same person as the
359	359	9 supplier who has committed the deceptive act.
360	360	10 (h) For purposes of subsection (b)(18), it is an affirmative defense
361	361	11 to any action brought under this chapter that the product has been
362	362	12 altered by a person other than the defendant to render the product
363	363	13 completely incapable of serving its original purpose.
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