EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
Underlining indicates amendments to bill.
Strike out indicates matter stricken from the bill by amendment or deleted from the law by
amendment.
*hb0267*
HOUSE BILL 267
P1, I3 5lr1199
(PRE–FILED) CF SB 928
By: Delegates Allen and Rogers
Requested: October 15, 2024
Introduced and read first time: January 8, 2025
Assigned to: Economic Matters
Committee Report: Favorable
House action: Adopted
Read second time: March 6, 2025
CHAPTER ______
AN ACT concerning 1
Veterans Benefits Matters – Claim Servicers – Prohibitions and Requirements 2
FOR the purpose of establishing prohibitions and requirements regarding compensation 3
for certain services related to veterans benefits matters; prohibiting a person that is 4
not V.A. accredited from making certain guarantees; providing for the enforcement 5
of this Act under the Maryland Consumer Protection Act; repealing certain 6
advertising and disclosure requirements for veterans benefits services and veterans 7
benefits appeals services; and generally relating to veterans benefits matters. 8
BY repealing and reenacting, with amendments, 9
Article – Commercial Law 10
Section 13–301(14)(xliv) 11
Annotated Code of Maryland 12
(2013 Replacement Volume and 2024 Supplement) 13
(As enacted by Chapters 262, 454, 455, 460, 461, 463, and 962 of the Acts of the 14
General Assembly of 2024) 15
BY repealing and reenacting, without amendments, 16
Article – Commercial Law 17
Section 13–301(14)(xlv) and (15) 18
Annotated Code of Maryland 19
(2013 Replacement Volume and 2024 Supplement) 20
BY adding to 21 2 HOUSE BILL 267
Article – Commercial Law 1
Section 13–301(14)(xlvi) 2
Annotated Code of Maryland 3
(2013 Replacement Volume and 2024 Supplement) 4
BY repealing 5
Article – State Government 6
Section 9–905.1 7
Annotated Code of Maryland 8
(2021 Replacement Volume and 2024 Supplement) 9
BY adding to 10
Article – State Government 11
Section 9–905.1 12
Annotated Code of Maryland 13
(2021 Replacement Volume and 2024 Supplement) 14
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 15
That the Laws of Maryland read as follows: 16
Article – Commercial Law 17
13–301. 18
Unfair, abusive, or deceptive trade practices include any: 19
(14) Violation of a provision of: 20
(xliv) Title 14, Subtitle 49 of this article; [or] 21
(xlv) Section 12–6C–09.1 of the Health Occupations Article; or 22
(XLVI) SECTION 9–905.1 OF THE STATE GOVERNMENT 23
ARTICLE; OR 24
(15) Act or omission that relates to a residential building and that is 25
chargeable as a misdemeanor under or otherwise violates a provision of the Energy 26
Conservation Building Standards Act, Title 7, Subtitle 4 of the Public Utilities Article. 27
Article – State Government 28
[9–905.1. 29
(a) (1) In this section the following words have the meanings indicated. 30
(2) “Advertisement” means: 31
HOUSE BILL 267 3
(i) a written or printed communication made for the purpose of 1
soliciting business for veterans benefits appeals services; 2
(ii) a directory listing for a person that is offering veterans benefits 3
appeals services; or 4
(iii) a radio, television, computer network or airwave, or electronic 5
transmission that solicits business for or promotes a person offering veterans benefits 6
appeals services. 7
(3) “Veterans benefits appeals services” means any services that a veteran 8
might reasonably require in order to appeal a denial of federal, state, or local veterans 9
benefits, including denials of disability, limited income, home loan, insurance, education 10
and training, health care, burial and memorial, and dependent and survivor benefits. 11
(4) “Veterans benefits services” means any services a veteran or a family 12
member of a veteran might reasonably use in order to obtain federal, state, or local veterans 13
benefits. 14
(b) (1) Before entering into an agreement with an individual for the provision 15
of veterans benefits services or veterans benefits appeals services, a person who charges a 16
fee for those services shall: 17
(i) provide a written disclosure statement to each individual; and 18
(ii) obtain the individual’s signature on the written disclosure 19
statement acknowledging that the individual understands the disclosure statement. 20
(2) The written disclosure statement shall: 21
(i) be on a form approved by the Secretary; and 22
(ii) state that veterans benefits services and veterans benefits 23
appeals services are offered at no cost by the Department and other veterans services 24
organizations accredited by the U.S. Department of Veterans Affairs. 25
(c) A person who charges a fee for providing veterans benefits appeals services 26
shall provide in any advertisement for appeals services notice that appeals services are also 27
offered at no cost by the Department and other veterans services organizations accredited 28
by the U.S. Department of Veterans Affairs. 29
(d) (1) A person who violates the provisions of this section is subject to a civil 30
penalty of not more than $1,000 for each violation. 31
(2) Civil penalties shall be in an amount ordered by the District Court in 32
an action brought by the Attorney General. 33
4 HOUSE BILL 267
(3) Each day a violation continues is a separate violation. 1
(4) Any civil penalty collected shall be deposited in the Maryland Veterans 2
Trust Fund.] 3
9–905.1. 4
(A) (1) IN THIS SECTION THE F OLLOWING WORDS HAVE THE MEANINGS 5
INDICATED. 6
(2) “COMPENSATION ” MEANS PAYMENT OF MON EY, A THING OF 7
VALUE, OR A FINANCIAL BENEF IT. 8
(3) “V.A. ACCREDITED” MEANS AUTHORIZED BY THE U.S. 9
DEPARTMENT OF VETERANS AFFAIRS TO PROVIDE SE RVICES IN ACCORDANCE WITH 10
38 C.F.R. § 14.629. 11
(4) “VETERANS BENEFITS MAT TER” MEANS A CLAIM OR APP EAL 12
AFFECTING AN INDIVID UAL WHO HAS FILED OR EXPRESSED AN INTENT TO FILE A 13
CLAIM FOR ANY BENEFI T, PROGRAM, SERVICE, COMMODITY , FUNCTION, OR STATUS, 14
TO WHICH ENTITLEMENT IS DETERMINED UNDER THE LAWS AND REGULAT IONS 15
ADMINISTERED BY THE U.S. DEPARTMENT OF VETERANS AFFAIRS OR THE U.S. 16
DEPARTMENT OF DEFENSE PERTAINING TO VETERANS, THEIR DEPENDENTS , THEIR 17
SURVIVORS, AND ANY OTHER INDIVI DUAL ELIGIBLE FOR SU CH BENEFITS. 18
(B) A PERSON THAT IS NOT V.A. ACCREDITED MAY NOT : 19
(1) EXCEPT AS AUTHORIZED UNDER FEDERAL LAW , RECEIVE 20
COMPENSATION FOR : 21
(I) PREPARING, PRESENTING, OR PROSECUTING A VETERAN S 22
BENEFITS MATTER ; OR 23
(II) ADVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL 24
WITH REGARD TO A VET ERANS BENEFITS MATTE R; 25
(2) RECEIVE COMPENSATION FOR REFERRING AN IND IVIDUAL TO 26
ANOTHER PERSON FOR T HE PREPARATION , PRESENTATION , OR PROSECUTION OF A 27
VETERANS BENEFITS MA TTER OR ADVICE , CONSULTATION , OR ASSISTANCE WITH A 28
VETERANS BENEFITS MA TTER; OR 29
(3) GUARANTEE , EITHER DIRECTLY OR B Y IMPLICATION , THAT AN 30
INDIVIDUAL IS CERTAI N TO RECEIVE: 31
HOUSE BILL 267 5
(I) SPECIFIC VETERANS BE NEFITS; OR 1
(II) A SPECIFIC LEVEL , PERCENTAGE , OR AMOUNT OF 2
VETERANS BENEFITS . 3
(C) (1) A PERSON MAY NOT RECEI VE EXCESSIVE OR UNRE ASONABLE 4
FEES, AS DETERMINED IN ACC ORDANCE WITH 38 C.F.R. § 14.636(E), AS 5
COMPENSATION FOR PRE PARING, PRESENTING, OR PROSECUTING A VET ERANS 6
BENEFITS MATTER OR A DVISING, CONSULTING , OR ASSISTING AN INDI VIDUAL WITH 7
A VETERANS BENEFITS MATTER. 8
(2) A PERSON SEEKING TO RE CEIVE COMPENSATION F OR 9
PREPARING, PRESENTING, OR PROSECUTING A VET ERANS BENEFITS MATTE R OR 10
ADVISING, CONSULTING, OR ASSISTING AN INDIVIDUAL WIT H A VETERANS BENEFIT S 11
MATTER SHALL , BEFORE RENDERING ANY SERVICES, ENTER INTO A WRITTEN FEE 12
AGREEMENT , SIGNED BY BOTH PARTI ES, THAT ADHERES TO ALL CRITERIA 13
SPECIFIED IN 38 C.F.R. § 14.636. 14
(D) (1) A VIOLATION OF THIS SE CTION: 15
(I) IS AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE 16
WITHIN THE MEANING O F TITLE 13 OF THE COMMERCIAL LAW ARTICLE; AND 17
(II) IS SUBJECT TO THE EN FORCEMENT AND PENALT Y 18
PROVISIONS CONTAINED IN TITLE 13 OF THE COMMERCIAL LAW ARTICLE. 19
(2) ANY CIVIL OR AD MINISTRATIVE PENALTY COLLECTED BY THE 20
ATTORNEY GENERAL IN AN ACTION UNDER THIS SECTION S HALL BE DEPOSITED IN 21
THE MARYLAND VETERANS TRUST FUND. 22
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 23
October 1, 2025. 24
Approved:
________________________________________________________________________________
Governor.
________________________________________________________________________________
Speaker of the House of Delegates.
________________________________________________________________________________
President of the Senate.