| 1 | 1 | | SENATE BILL NO. 215 A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3k (MCL 445.903k), as added by 2018 PA 211. the people of the state of michigan enact: Sec. 3k. (1) A person that is engaged in trade or commerce shall not engage in any of the following acts or practices: (a) Providing, or offering to provide, a veterans' benefit service to a veteran or family member of a veteran unless the person is any of the following: (i) Employed by a government agency that is authorized to provide the veterans' benefit service. (ii) An Except as otherwise provided in this subparagraph, an accredited individual under the federal laws and regulations applicable to the administration of veterans' benefits. If an individual is unaccredited, that individual may provide only those veterans' benefit services that do not include representing a veteran or a family member of a veteran as an agent or attorney. (iii) An employee or authorized representative of a recognized veterans' services organization. (b) Receiving compensation for providing or offering to provide a veterans' benefit service to a veteran or family member of a veteran unless all of the following are met: (i) The person is permitted to receive compensation for providing or offering to provide that service to the veteran or family member under the federal laws and regulations applicable to the administration of veterans' benefits. (ii) Except as otherwise provided in subsection (2), if the person is seeking to receive compensation for a veterans' benefit service in connection with an initial claim for disability benefits, the person shall do all of the following: (A) Memorialize the specific terms under which the amount to be paid must be determined in a written agreement signed by both parties. (B) Receive only compensation that is purely contingent upon an increase in benefits awarded, and does not exceed 5 times the amount of one month's increase in benefits awarded based on the claim. An initial fee must not be charged. (C) Receive no compensation for any services rendered in connection with any claim filed within the 1-year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that the veteran is within this period and is choosing to deny free services that are available to that veteran. (D) Ensure that no international call centers or data centers are utilized for processing veterans' personal information. (E) Ensure that a veteran's personal log-in, username, or password information is not used to access that veteran's medical, financial, or government benefits information. (F) Ensure that any individual who has access to veterans' medical or financial information undergoes a background check prior to having access to that information. The background check must be conducted by a reputable source and include identity verification and a criminal records check. (iii) (ii) Before providing or offering to provide that veterans' benefit service, the person discloses shall disclose all of the following to the veteran or family member: (A) That the person is not affiliated with a government agency or recognized veterans' services organization. (B) If applicable, that the veterans' benefit service is available free of charge from a government agency or recognized veterans' services organization. (C) That the veteran may qualify for benefits other than or in addition to the benefits the veteran or family member may obtain if the person is engaged to provide the veterans' benefit service. (D) That receipt of a certain level of veterans' benefits is not guaranteed if the person is engaged to provide the veterans' benefit service. (c) Using financial or other personal information gathered for insurance or other purposes in providing or offering to provide a veterans' benefit service, unless the requirements of this section are met. (d) Receiving compensation for referring a veteran or a family member of a veteran to an individual who is accredited by the United States Department of Veterans Affairs. (e) Representing, either directly or by implication, either orally or in writing, that the receipt of a certain level of veterans' benefits is guaranteed. (2) Subsection (1)(b)(ii) does not apply to agents or attorneys who are accredited by the United States Department of Veterans Affairs and are regulated by that agency. (3) (2) A person engaged in trade or commerce shall not advertise or promote any event, presentation, seminar, workshop, or other public gathering regarding veterans' pension or medical benefits or entitlements that does not include the following disclosure: "This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Michigan Department of Military and Veterans Affairs, the Michigan Veterans Affairs Agency, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries. Products or services that may be discussed at this event are not necessarily endorsed by those organizations. You may qualify for benefits other than or in addition to the benefits discussed at this event.". (4) (3) All of the following apply to the disclosure required under subsection (2):(3): (a) The disclosure must be in the same type size and font as the term "veteran" or any variation of that term as used in the event advertisement or promotional materials. (b) The disclosure must be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements. (c) The disclosure does not apply if the United States Department of Veterans Affairs, the department of military and veterans affairs, the Michigan veterans affairs agency, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote events, presentations, seminars, workshops, or other public gatherings described in this subsection. The disclosure also does not apply if the event, presentation, seminar, workshop, or gathering is part of an accredited continuing legal education course. (5) (4) This section does not apply to officers, employees, or volunteers of this state, of any county, city, or other political subdivision of this state, or of a federal agency of the United States, who are acting in their official capacity. (6) (5) As used in this section: (a) "Compensation" means money, property, or anything else of value, including, but not limited to, exclusive arrangements or agreements for the provision of services or the purchase of products. (b) Except as otherwise provided in subsection (2), "person" means any individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. (c) (b) "Recognized veterans' services organization" means a veterans' services organization that is recognized under the federal laws and regulations applicable to the administration of veterans' benefits. (d) (c) "Veterans' benefit service" means any of the following: (i) The preparation, presentation, or prosecution of a claim affecting an individual who has filed or has expressed an intention to file an application for veteran, dependent, or survivor pension, or medical, or disability benefits under laws administered by the United States Department of Veterans Affairs or the department of military and veterans affairs pertaining to veterans, dependents, and survivors. (ii) Advice or representation concerning the preparation, presentation, or prosecution of a claim described in subparagraph (i). |
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| 2 | 2 | | |
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| 3 | 3 | | SENATE BILL NO. 215 |
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| 4 | 4 | | |
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| 5 | 5 | | A bill to amend 1976 PA 331, entitled |
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| 6 | 6 | | |
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| 7 | 7 | | "Michigan consumer protection act," |
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| 8 | 8 | | |
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| 9 | 9 | | by amending section 3k (MCL 445.903k), as added by 2018 PA 211. |
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| 10 | 10 | | |
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| 11 | 11 | | the people of the state of michigan enact: |
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| 12 | 12 | | |
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| 13 | 13 | | Sec. 3k. (1) A person that is engaged in trade or commerce shall not engage in any of the following acts or practices: |
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| 14 | 14 | | |
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| 15 | 15 | | (a) Providing, or offering to provide, a veterans' benefit service to a veteran or family member of a veteran unless the person is any of the following: |
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| 16 | 16 | | |
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| 17 | 17 | | (i) Employed by a government agency that is authorized to provide the veterans' benefit service. |
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| 18 | 18 | | |
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| 19 | 19 | | (ii) An Except as otherwise provided in this subparagraph, an accredited individual under the federal laws and regulations applicable to the administration of veterans' benefits. If an individual is unaccredited, that individual may provide only those veterans' benefit services that do not include representing a veteran or a family member of a veteran as an agent or attorney. |
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| 20 | 20 | | |
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| 21 | 21 | | (iii) An employee or authorized representative of a recognized veterans' services organization. |
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| 22 | 22 | | |
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| 23 | 23 | | (b) Receiving compensation for providing or offering to provide a veterans' benefit service to a veteran or family member of a veteran unless all of the following are met: |
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| 24 | 24 | | |
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| 25 | 25 | | (i) The person is permitted to receive compensation for providing or offering to provide that service to the veteran or family member under the federal laws and regulations applicable to the administration of veterans' benefits. |
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| 26 | 26 | | |
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| 27 | 27 | | (ii) Except as otherwise provided in subsection (2), if the person is seeking to receive compensation for a veterans' benefit service in connection with an initial claim for disability benefits, the person shall do all of the following: |
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| 28 | 28 | | |
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| 29 | 29 | | (A) Memorialize the specific terms under which the amount to be paid must be determined in a written agreement signed by both parties. |
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| 30 | 30 | | |
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| 31 | 31 | | (B) Receive only compensation that is purely contingent upon an increase in benefits awarded, and does not exceed 5 times the amount of one month's increase in benefits awarded based on the claim. An initial fee must not be charged. |
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| 32 | 32 | | |
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| 33 | 33 | | (C) Receive no compensation for any services rendered in connection with any claim filed within the 1-year presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that the veteran is within this period and is choosing to deny free services that are available to that veteran. |
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| 34 | 34 | | |
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| 35 | 35 | | (D) Ensure that no international call centers or data centers are utilized for processing veterans' personal information. |
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| 36 | 36 | | |
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| 37 | 37 | | (E) Ensure that a veteran's personal log-in, username, or password information is not used to access that veteran's medical, financial, or government benefits information. |
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| 38 | 38 | | |
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| 39 | 39 | | (F) Ensure that any individual who has access to veterans' medical or financial information undergoes a background check prior to having access to that information. The background check must be conducted by a reputable source and include identity verification and a criminal records check. |
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| 40 | 40 | | |
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| 41 | 41 | | (iii) (ii) Before providing or offering to provide that veterans' benefit service, the person discloses shall disclose all of the following to the veteran or family member: |
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| 42 | 42 | | |
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| 43 | 43 | | (A) That the person is not affiliated with a government agency or recognized veterans' services organization. |
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| 44 | 44 | | |
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| 45 | 45 | | (B) If applicable, that the veterans' benefit service is available free of charge from a government agency or recognized veterans' services organization. |
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| 46 | 46 | | |
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| 47 | 47 | | (C) That the veteran may qualify for benefits other than or in addition to the benefits the veteran or family member may obtain if the person is engaged to provide the veterans' benefit service. |
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| 48 | 48 | | |
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| 49 | 49 | | (D) That receipt of a certain level of veterans' benefits is not guaranteed if the person is engaged to provide the veterans' benefit service. |
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| 50 | 50 | | |
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| 51 | 51 | | (c) Using financial or other personal information gathered for insurance or other purposes in providing or offering to provide a veterans' benefit service, unless the requirements of this section are met. |
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| 52 | 52 | | |
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| 53 | 53 | | (d) Receiving compensation for referring a veteran or a family member of a veteran to an individual who is accredited by the United States Department of Veterans Affairs. |
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| 54 | 54 | | |
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| 55 | 55 | | (e) Representing, either directly or by implication, either orally or in writing, that the receipt of a certain level of veterans' benefits is guaranteed. |
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| 56 | 56 | | |
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| 57 | 57 | | (2) Subsection (1)(b)(ii) does not apply to agents or attorneys who are accredited by the United States Department of Veterans Affairs and are regulated by that agency. |
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| 58 | 58 | | |
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| 59 | 59 | | (3) (2) A person engaged in trade or commerce shall not advertise or promote any event, presentation, seminar, workshop, or other public gathering regarding veterans' pension or medical benefits or entitlements that does not include the following disclosure: "This event is not sponsored by, or affiliated with, the United States Department of Veterans Affairs, the Michigan Department of Military and Veterans Affairs, the Michigan Veterans Affairs Agency, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries. Products or services that may be discussed at this event are not necessarily endorsed by those organizations. You may qualify for benefits other than or in addition to the benefits discussed at this event.". |
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| 60 | 60 | | |
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| 61 | 61 | | (4) (3) All of the following apply to the disclosure required under subsection (2):(3): |
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| 62 | 62 | | |
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| 63 | 63 | | (a) The disclosure must be in the same type size and font as the term "veteran" or any variation of that term as used in the event advertisement or promotional materials. |
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| 64 | 64 | | |
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| 65 | 65 | | (b) The disclosure must be disseminated, both orally and in writing, at the beginning of any event, presentation, seminar, workshop, or other public gathering regarding veterans' benefits or entitlements. |
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| 66 | 66 | | |
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| 67 | 67 | | (c) The disclosure does not apply if the United States Department of Veterans Affairs, the department of military and veterans affairs, the Michigan veterans affairs agency, or any other congressionally chartered or recognized organization of honorably discharged members of the Armed Forces of the United States or any of their auxiliaries have granted written permission to the advertiser or promoter for the use of its name, symbol, or insignia to advertise or promote events, presentations, seminars, workshops, or other public gatherings described in this subsection. The disclosure also does not apply if the event, presentation, seminar, workshop, or gathering is part of an accredited continuing legal education course. |
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| 68 | 68 | | |
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| 69 | 69 | | (5) (4) This section does not apply to officers, employees, or volunteers of this state, of any county, city, or other political subdivision of this state, or of a federal agency of the United States, who are acting in their official capacity. |
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| 70 | 70 | | |
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| 71 | 71 | | (6) (5) As used in this section: |
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| 72 | 72 | | |
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| 73 | 73 | | (a) "Compensation" means money, property, or anything else of value, including, but not limited to, exclusive arrangements or agreements for the provision of services or the purchase of products. |
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| 74 | 74 | | |
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| 75 | 75 | | (b) Except as otherwise provided in subsection (2), "person" means any individual, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity. |
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| 76 | 76 | | |
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| 77 | 77 | | (c) (b) "Recognized veterans' services organization" means a veterans' services organization that is recognized under the federal laws and regulations applicable to the administration of veterans' benefits. |
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| 78 | 78 | | |
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| 79 | 79 | | (d) (c) "Veterans' benefit service" means any of the following: |
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| 80 | 80 | | |
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| 81 | 81 | | (i) The preparation, presentation, or prosecution of a claim affecting an individual who has filed or has expressed an intention to file an application for veteran, dependent, or survivor pension, or medical, or disability benefits under laws administered by the United States Department of Veterans Affairs or the department of military and veterans affairs pertaining to veterans, dependents, and survivors. |
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| 82 | 82 | | |
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| 83 | 83 | | (ii) Advice or representation concerning the preparation, presentation, or prosecution of a claim described in subparagraph (i). |
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