Introduced Version
HOUSE BILL No. 1504
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 10-17-17; IC 24-5-0.5-3.
Synopsis: Assistance for obtaining veterans' benefits. Provides that a
person may not receive compensation for assisting a person to obtain
veterans' benefits unless authorized by federal law. Establishes
disclosure statement requirements for a person to provide assistance for
compensation under federal law. Provides that a violation constitutes
a prohibited consumer sale.
Effective: July 1, 2025.
Lawson
January 21, 2025, read first time and referred to Committee on Veterans Affairs and Public
Safety.
2025 IN 1504—LS 6802/DI 116 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1504
A BILL FOR AN ACT to amend the Indiana Code concerning
veterans affairs.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 10-17-17 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 17. Prohibition Against Receiving Compensation for
5 Assisting a Person to Obtain Veterans' Benefits
6 Sec. 1. This chapter does not apply to:
7 (1) a representative of a recognized organization;
8 (2) an accredited agent; or
9 (3) an attorney;
10 accredited under 38 CFR 14.629 (as in effect July 1, 2025).
11 Sec. 2. As used in this chapter, "compensation" means payment
12 of money, a thing of value, or a financial benefit.
13 Sec. 3. As used in this chapter, "person" means:
14 (1) an individual;
15 (2) a corporation;
16 (3) a business trust;
17 (4) an estate;
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1 (5) a trust;
2 (6) a partnership;
3 (7) a limited liability company;
4 (8) an association;
5 (9) a joint venture;
6 (10) a public corporation;
7 (11) a government or governmental subdivision, agency, or
8 instrumentality; or
9 (12) any other legal or commercial entity.
10 Sec. 4. As used in this chapter, "veterans' benefits matter"
11 means the preparation, presentation, or prosecution of a claim
12 affecting an individual who has filed or expressed an intent to file
13 a claim for a benefit, program, service, commodity, function, or
14 status, entitlement to which is determined under the laws and
15 regulations administered by the United States Department of
16 Veterans Affairs or the United States Department of Defense
17 pertaining to veterans, their dependents, their survivors, and any
18 other individual eligible for such benefits.
19 Sec. 5. A person may not do the following:
20 (1) Receive compensation for the:
21 (A) preparation, presentation, or prosecution of; or
22 (B) advising, consulting, or assisting an individual
23 regarding;
24 a veterans' benefits matter, except as permitted under federal
25 law.
26 (2) Receive compensation for referring an individual to
27 another person to:
28 (A) prepare;
29 (B) present or prosecute, or advise on; or
30 (C) consult or assist the individual regarding;
31 a veterans' benefits matter.
32 (3) Receive, with respect to an individual's veterans' benefits
33 matter, compensation for services rendered before the date on
34 which a notice of disagreement, decision review, or appeal is
35 filed, whichever occurs first.
36 (4) Guarantee, either directly or by implication, that any
37 individual is certain to receive specific veterans' benefits or
38 that any individual is certain to receive a specific level,
39 percentage, or amount of veterans' benefits.
40 (5) Receive excessive or unreasonable fees as compensation
41 for preparation, presentation or prosecution of, or advising,
42 consulting, or assisting an individual regarding, a veterans'
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1 benefits matter. The factors articulated in 38 CFR 14.636 (as
2 in effect July 1, 2025) govern determinations of whether a fee
3 is excessive or unreasonable.
4 Sec. 6. A person seeking to receive compensation for:
5 (1) preparation, presentation, or prosecution of; or
6 (2) advising, consulting, or assisting an individual regarding;
7 a veterans' benefits matter shall, before rendering any services,
8 memorialize in a written agreement signed by both parties that
9 adheres to all criteria specified in 38 CFR 14.636 (as in effect July
10 1, 2025) all terms regarding the individual's payment of fees for
11 services rendered.
12 Sec. 7. (a) A person may not advise or assist for compensation
13 any individual concerning any veterans' benefits matter without
14 clearly providing, at the outset of the business relationship, the
15 following disclosure, both orally and in writing:
16 "This business is not sponsored by, or affiliated with, the
17 United States Department of Veterans Affairs or the Indiana
18 Department of Veterans' Affairs, or any other federally
19 chartered veterans service organization. Other organizations,
20 including the Indiana Department of Veterans' Affairs, your
21 local county veterans service officer, and other federally
22 chartered veterans service organizations, may be able to
23 provide you with this service free of charge. Products or
24 services offered by this business are not necessarily endorsed
25 by any of these organizations. You may qualify for other
26 veterans benefits beyond the benefits for which you are
27 receiving services here.".
28 The written disclosure shall appear in at least 12 point font and
29 shall appear in a readily noticeable and identifiable place in the
30 person's agreement with the individual seeking services. The
31 individual shall verbally acknowledge understanding of the oral
32 disclosure and shall sign the document in which the written
33 disclosure appears to represent understanding of these provisions.
34 The person offering services shall retain a copy of the written
35 disclosure while providing veterans' benefits services for
36 compensation to the individual and for at least one (1) year after
37 the date on which the service relationship terminates.
38 (b) A person may not advertise for compensation services in
39 veterans' benefits matters without including the following
40 disclosure:
41 "This business is not sponsored by, or affiliated with, the
42 United States Department of Veterans Affairs or the Indiana
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1 Department of Veterans' Affairs, or any other federally
2 chartered veterans service organization. Other organizations,
3 including the Indiana Department of Veterans' Affairs, your
4 local county veterans service officer, and other federally
5 chartered veterans service organizations, may be able to
6 provide you with these services free of charge. Products or
7 services offered by this business are not necessarily endorsed
8 by any of these organizations. You may qualify for other
9 veterans benefits beyond the benefits that this business offers
10 through its services.".
11 If the advertisement is printed, including advertisements visible on
12 the Internet, the disclosure shall appear in a readily visible place
13 on the advertisement. If the advertisement is verbal, the spoken
14 statement of the disclosure shall be clear and intelligible.
15 Sec. 8. A violation of this chapter constitutes a violation under
16 IC 24-5-0.5.
17 SECTION 2. IC 24-5-0.5-3, AS AMENDED BY P.L.104-2024,
18 SECTION 42, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
19 JULY 1, 2025]: Sec. 3. (a) A supplier may not commit an unfair,
20 abusive, or deceptive act, omission, or practice in connection with a
21 consumer transaction. Such an act, omission, or practice by a supplier
22 is a violation of this chapter whether it occurs before, during, or after
23 the transaction. An act, omission, or practice prohibited by this section
24 includes both implicit and explicit misrepresentations.
25 (b) Without limiting the scope of subsection (a), the following acts,
26 and the following representations as to the subject matter of a
27 consumer transaction, made orally, in writing, or by electronic
28 communication, by a supplier, are deceptive acts:
29 (1) That such subject of a consumer transaction has sponsorship,
30 approval, performance, characteristics, accessories, uses, or
31 benefits it does not have which the supplier knows or should
32 reasonably know it does not have.
33 (2) That such subject of a consumer transaction is of a particular
34 standard, quality, grade, style, or model, if it is not and if the
35 supplier knows or should reasonably know that it is not.
36 (3) That such subject of a consumer transaction is new or unused,
37 if it is not and if the supplier knows or should reasonably know
38 that it is not.
39 (4) That such subject of a consumer transaction will be supplied
40 to the public in greater quantity than the supplier intends or
41 reasonably expects.
42 (5) That replacement or repair constituting the subject of a
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1 consumer transaction is needed, if it is not and if the supplier
2 knows or should reasonably know that it is not.
3 (6) That a specific price advantage exists as to such subject of a
4 consumer transaction, if it does not and if the supplier knows or
5 should reasonably know that it does not.
6 (7) That the supplier has a sponsorship, approval, or affiliation in
7 such consumer transaction the supplier does not have, and which
8 the supplier knows or should reasonably know that the supplier
9 does not have.
10 (8) That such consumer transaction involves or does not involve
11 a warranty, a disclaimer of warranties, or other rights, remedies,
12 or obligations, if the representation is false and if the supplier
13 knows or should reasonably know that the representation is false.
14 (9) That the consumer will receive a rebate, discount, or other
15 benefit as an inducement for entering into a sale or lease in return
16 for giving the supplier the names of prospective consumers or
17 otherwise helping the supplier to enter into other consumer
18 transactions, if earning the benefit, rebate, or discount is
19 contingent upon the occurrence of an event subsequent to the time
20 the consumer agrees to the purchase or lease.
21 (10) That the supplier is able to deliver or complete the subject of
22 the consumer transaction within a stated period of time, when the
23 supplier knows or should reasonably know the supplier could not.
24 If no time period has been stated by the supplier, there is a
25 presumption that the supplier has represented that the supplier
26 will deliver or complete the subject of the consumer transaction
27 within a reasonable time, according to the course of dealing or the
28 usage of the trade.
29 (11) That the consumer will be able to purchase the subject of the
30 consumer transaction as advertised by the supplier, if the supplier
31 does not intend to sell it.
32 (12) That the replacement or repair constituting the subject of a
33 consumer transaction can be made by the supplier for the estimate
34 the supplier gives a customer for the replacement or repair, if the
35 specified work is completed and:
36 (A) the cost exceeds the estimate by an amount equal to or
37 greater than ten percent (10%) of the estimate;
38 (B) the supplier did not obtain written permission from the
39 customer to authorize the supplier to complete the work even
40 if the cost would exceed the amounts specified in clause (A);
41 (C) the total cost for services and parts for a single transaction
42 is more than seven hundred fifty dollars ($750); and
2025 IN 1504—LS 6802/DI 116 6
1 (D) the supplier knew or reasonably should have known that
2 the cost would exceed the estimate in the amounts specified in
3 clause (A).
4 (13) That the replacement or repair constituting the subject of a
5 consumer transaction is needed, and that the supplier disposes of
6 the part repaired or replaced earlier than seventy-two (72) hours
7 after both:
8 (A) the customer has been notified that the work has been
9 completed; and
10 (B) the part repaired or replaced has been made available for
11 examination upon the request of the customer.
12 (14) Engaging in the replacement or repair of the subject of a
13 consumer transaction if the consumer has not authorized the
14 replacement or repair, and if the supplier knows or should
15 reasonably know that it is not authorized.
16 (15) The act of misrepresenting the geographic location of the
17 supplier by listing an alternate business name or an assumed
18 business name (as described in IC 23-0.5-3-4) in a local telephone
19 directory if:
20 (A) the name misrepresents the supplier's geographic location;
21 (B) the listing fails to identify the locality and state of the
22 supplier's business;
23 (C) calls to the local telephone number are routinely forwarded
24 or otherwise transferred to a supplier's business location that
25 is outside the calling area covered by the local telephone
26 directory; and
27 (D) the supplier's business location is located in a county that
28 is not contiguous to a county in the calling area covered by the
29 local telephone directory.
30 (16) The act of listing an alternate business name or assumed
31 business name (as described in IC 23-0.5-3-4) in a directory
32 assistance data base if:
33 (A) the name misrepresents the supplier's geographic location;
34 (B) calls to the local telephone number are routinely forwarded
35 or otherwise transferred to a supplier's business location that
36 is outside the local calling area; and
37 (C) the supplier's business location is located in a county that
38 is not contiguous to a county in the local calling area.
39 (17) The violation by a supplier of IC 24-3-4 concerning
40 cigarettes for import or export.
41 (18) The act of a supplier in knowingly selling or reselling a
42 product to a consumer if the product has been recalled, whether
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1 by the order of a court or a regulatory body, or voluntarily by the
2 manufacturer, distributor, or retailer, unless the product has been
3 repaired or modified to correct the defect that was the subject of
4 the recall.
5 (19) The violation by a supplier of 47 U.S.C. 227, including any
6 rules or regulations issued under 47 U.S.C. 227.
7 (20) The violation by a supplier of the federal Fair Debt
8 Collection Practices Act (15 U.S.C. 1692 et seq.), including any
9 rules or regulations issued under the federal Fair Debt Collection
10 Practices Act (15 U.S.C. 1692 et seq.).
11 (21) A violation of IC 24-5-7 (concerning health spa services), as
12 set forth in IC 24-5-7-17.
13 (22) A violation of IC 24-5-8 (concerning business opportunity
14 transactions), as set forth in IC 24-5-8-20.
15 (23) A violation of IC 24-5-10 (concerning home consumer
16 transactions), as set forth in IC 24-5-10-18.
17 (24) A violation of IC 24-5-11 (concerning real property
18 improvement contracts), as set forth in IC 24-5-11-14.
19 (25) A violation of IC 24-5-12 (concerning telephone
20 solicitations), as set forth in IC 24-5-12-23.
21 (26) A violation of IC 24-5-13.5 (concerning buyback motor
22 vehicles), as set forth in IC 24-5-13.5-14.
23 (27) A violation of IC 24-5-14 (concerning automatic
24 dialing-announcing devices), as set forth in IC 24-5-14-13.
25 (28) A violation of IC 24-5-15 (concerning credit services
26 organizations), as set forth in IC 24-5-15-11.
27 (29) A violation of IC 24-5-16 (concerning unlawful motor
28 vehicle subleasing), as set forth in IC 24-5-16-18.
29 (30) A violation of IC 24-5-17 (concerning environmental
30 marketing claims), as set forth in IC 24-5-17-14.
31 (31) A violation of IC 24-5-19 (concerning deceptive commercial
32 solicitation), as set forth in IC 24-5-19-11.
33 (32) A violation of IC 24-5-21 (concerning prescription drug
34 discount cards), as set forth in IC 24-5-21-7.
35 (33) A violation of IC 24-5-23.5-7 (concerning real estate
36 appraisals), as set forth in IC 24-5-23.5-9.
37 (34) A violation of IC 24-5-26 (concerning identity theft), as set
38 forth in IC 24-5-26-3.
39 (35) A violation of IC 24-5.5 (concerning mortgage rescue fraud),
40 as set forth in IC 24-5.5-6-1.
41 (36) A violation of IC 24-8 (concerning promotional gifts and
42 contests), as set forth in IC 24-8-6-3.
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1 (37) A violation of IC 21-18.5-6 (concerning representations
2 made by a postsecondary credit bearing proprietary educational
3 institution), as set forth in IC 21-18.5-6-22.5.
4 (38) A violation of IC 24-5-15.5 (concerning collection actions of
5 a plaintiff debt buyer), as set forth in IC 24-5-15.5-6.
6 (39) A violation of IC 24-14 (concerning towing services), as set
7 forth in IC 24-14-10-1.
8 (40) A violation of IC 24-5-14.5 (concerning misleading or
9 inaccurate caller identification information), as set forth in
10 IC 24-5-14.5-12.
11 (41) A violation of IC 24-5-27 (concerning intrastate inmate
12 calling services), as set forth in IC 24-5-27-27.
13 (42) A violation of IC 15-21 (concerning sales of dogs by retail
14 pet stores), as set forth in IC 15-21-7-4.
15 (43) A violation of IC 24-4-23 (concerning the security of
16 information collected and transmitted by an adult oriented website
17 operator), as set forth in IC 24-4-23-14.
18 (44) A violation of IC 10-17-17 (concerning the prohibition
19 against receiving compensation for assisting a person to
20 obtain veterans' benefits).
21 (c) Any representations on or within a product or its packaging or
22 in advertising or promotional materials which would constitute a
23 deceptive act shall be the deceptive act both of the supplier who places
24 such representation thereon or therein, or who authored such materials,
25 and such other suppliers who shall state orally or in writing that such
26 representation is true if such other supplier shall know or have reason
27 to know that such representation was false.
28 (d) If a supplier shows by a preponderance of the evidence that an
29 act resulted from a bona fide error notwithstanding the maintenance of
30 procedures reasonably adopted to avoid the error, such act shall not be
31 deceptive within the meaning of this chapter.
32 (e) It shall be a defense to any action brought under this chapter that
33 the representation constituting an alleged deceptive act was one made
34 in good faith by the supplier without knowledge of its falsity and in
35 reliance upon the oral or written representations of the manufacturer,
36 the person from whom the supplier acquired the product, any testing
37 organization, or any other person provided that the source thereof is
38 disclosed to the consumer.
39 (f) For purposes of subsection (b)(12), a supplier that provides
40 estimates before performing repair or replacement work for a customer
41 shall give the customer a written estimate itemizing as closely as
42 possible the price for labor and parts necessary for the specific job
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1 before commencing the work.
2 (g) For purposes of subsection (b)(15) and (b)(16), a telephone
3 company or other provider of a telephone directory or directory
4 assistance service or its officer or agent is immune from liability for
5 publishing the listing of an alternate business name or assumed
6 business name of a supplier in its directory or directory assistance data
7 base unless the telephone company or other provider of a telephone
8 directory or directory assistance service is the same person as the
9 supplier who has committed the deceptive act.
10 (h) For purposes of subsection (b)(18), it is an affirmative defense
11 to any action brought under this chapter that the product has been
12 altered by a person other than the defendant to render the product
13 completely incapable of serving its original purpose.
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