2025 -- H 5043
========
LC000040
========
S T A T E O F R H O D E I S L A N D
IN GENERAL ASSEMBLY
JANUARY SESSION, A.D. 2025
____________
A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISION S --
DECEPTIVE TRADE PRACTICES
Introduced By: Representatives Azzinaro, Fellela, Serpa, Casimiro, Kennedy, and
Corvese
Date Introduced: January 15, 2025
Referred To: House Corporations
It is enacted by the General Assembly as follows:
SECTION 1. Section 6-13.1-1 of the General Laws in Chapter 6-13.1 entitled "Deceptive 1
Trade Practices" is hereby amended to read as follows: 2
6-13.1-1. Definitions. 3
As used in this chapter: 4
(1) “Documentary material” means the original or a copy of any book, record, report, 5
memorandum, paper, communication, tabulation, map, chart, photograph, mechanical 6
transcription, or other tangible document or recording wherever situated. 7
(2) “Examination” of documentary material includes the inspection, study, or copying of 8
any documentary material, and the taking of testimony under oath or acknowledgment in respect 9
of any documentary material or copy of any documentary material. 10
(3) “Person” means natural persons, corporations, trusts, partnerships, incorporated or 11
unincorporated associations, and any other legal entity. 12
(4) “Rebate” means the return of a payment or a partial payment that serves as a discount 13
or reduction in price. 14
(5) “Trade” and “commerce” mean the advertising, offering for sale, sale, or distribution 15
of any services and any property, tangible or intangible, real, personal, or mixed, and any other 16
article, commodity, or thing of value wherever situate, and include any trade or commerce directly 17
or indirectly affecting the people of this state. 18
LC000040 - Page 2 of 5
(6) “Unfair methods of competition and unfair or deceptive acts or practices” means any 1
one or more of the following: 2
(i) Passing off goods or services as those of another; 3
(ii) Causing likelihood of confusion or of misunderstanding as to the source, sponsorship, 4
approval, or certification of goods or services; 5
(iii) Causing likelihood of confusion or of misunderstanding as to affiliation, connection, 6
or association with, or certification by, another; 7
(iv) Using deceptive representations or designations of geographic origin in connection 8
with goods or services; 9
(v) Representing that goods or services have sponsorship, approval, characteristics, 10
ingredients, uses, benefits, or quantities that they do not have or that a person has a sponsorship, 11
approval, status, affiliation, or connection that he or she does not have; 12
(vi) Representing that goods are original or new if they are deteriorated, altered, 13
reconditioned, reclaimed, used, or secondhand; and if household goods have been repaired or 14
reconditioned, without conspicuously noting the defect that necessitated the repair on the tag that 15
contains the cost to the consumer of the goods; 16
(vii) Representing that goods or services are of a particular standard, quality, or grade, or 17
that goods are of a particular style or model, if they are of another; 18
(viii) Disparaging the goods, services, or business of another by false or misleading 19
representation of fact; 20
(ix) Advertising goods or services with intent not to sell them as advertised; 21
(x) Advertising goods or services with intent not to supply reasonably expectable public 22
demand, unless the advertisement discloses a limitation of quantity; 23
(xi) Making false or misleading statements of fact concerning the reasons for, existence of, 24
or amounts of price reductions; 25
(xii) Engaging in any other conduct that similarly creates a likelihood of confusion or of 26
misunderstanding; 27
(xiii) Engaging in any act or practice that is unfair or deceptive to the consumer; 28
(xiv) Using any other methods, acts, or practices that mislead or deceive members of the 29
public in a material respect; 30
(xv) Advertising any brand name goods for sale and then selling substituted brand names 31
in their place; 32
(xvi) Failure to include the brand name and or manufacturer of goods in any advertisement 33
of the goods for sale, and, if the goods are used or secondhand, failure to include the information 34
LC000040 - Page 3 of 5
in the advertisement; 1
(xvii) Advertising claims concerning safety, performance, and comparative price unless 2
the advertiser, upon request by any person, the consumer council, or the attorney general, makes 3
available documentation substantiating the validity of the claim; 4
(xviii) Representing that work has been performed on or parts replaced in goods when the 5
work was not in fact performed or the parts not in fact replaced; or 6
(xix) Failing to separately state the amount charged for labor and the amount charged for 7
services when requested by the purchaser as provided for in § 44-18-12(b)(3).; 8
(xx) Advertising for sale at a retail establishment the availability of a manufacturer’s rebate 9
by displaying the net price of the advertised item (the price of the item after the rebate has been 10
deducted from the item’s price) in the advertisement, unless the amount of the manufacturer’s 11
rebate is provided to the consumer by the retailer at the time of the purchase of the advertised item. 12
It shall be the retailer’s burden to redeem the rebate offered to the consumer by the manufacturer.; 13
or 14
(xxi) Engaging in any act or practice that is unfair or deceptive by a person advising or 15
assisting any veteran filing a claim for disability benefits with the Department of Veterans Affairs. 16
SECTION 2. Title 6 of the General Laws entitled "COMMERCIAL LAW — GENERAL 17
REGULATORY PROVISIONS" is hereby amended by adding thereto the following chapter: 18
CHAPTER 61 19
VETERANS' PROTECTION 20
6-61-1. Purpose. 21
The purpose of this chapter is to provide protection and a cause of action under Rhode 22
Island general laws to prevent unethical and improper conduct and collection of fees by a person 23
advising or assisting any veteran filing a claim for disability benefits with the Department of 24
Veterans Affairs. 25
6-61-2. Definitions. 26
As used in this chapter: 27
(1) "Compensation" means payment of any money, thing of value, or financial benefit. 28
(2) "Person" means an individual, corporation, business trust, estate, trust, partnership, 29
limited liability company, association, joint venture, public corporation, government or 30
governmental subdivision, agency, or instrumentality, or any other validly organized entity. 31
(3) "Veterans’ benefits matter" means the preparation, presentation, or prosecution of any 32
claim affecting any veteran who has filed or expressed an intent to file a claim for any benefit, 33
program, service, commodity, function, or status, entitlement to which is determined under the laws 34
LC000040 - Page 4 of 5
and regulations as administered by the United States Department of Veterans Affairs or the United 1
States Department of Defense, pertaining to veterans, their dependents, survivors, and any other 2
individual eligible for such benefits. 3
6-61-3. Prohibitions. 4
(a) No person shall receive compensation for preparation, presentation, prosecution, 5
advising, consulting, or assisting any veteran with regard to any veterans' benefits matter before the 6
Department of Veterans Affairs, except as permitted under Title 38 of the U.S. Code. 7
(b) No person shall receive compensation for referring any veteran to another person to 8
prepare, present, prosecute, advise, consult, or assist the veteran with any veterans' benefits matter 9
before the Department of Veterans Affairs. 10
(c) Notwithstanding subsections (a) or (b) of this section, nothing set forth herein shall be 11
construed as prohibiting a division of fees between attorneys which is allowed pursuant to Model 12
Rules of Professional Conduct, Rule 1.5(e), of the American Bar Association. 13
6-61-4. Ethical considerations. 14
Any person that receives compensation for preparation, presentation, prosecution, 15
advising, consulting, or assisting a veteran with regard to any veterans' benefits matter before the 16
Department of Veterans Affairs, shall be held to the same ethical standards as an attorney licensed 17
to practice law in the State of Rhode Island regarding the following: 18
(1) Advertising; 19
(2) Solicitation of new clients; 20
(3) Confidentiality; 21
(4) Duty of care; 22
(5) Duty of honesty; and 23
(6) Duty to zealously pursue what is in the best interest of the client. 24
6-61-5. Penalty. 25
A violation of the provisions of this chapter shall be an unfair or deceptive act or practice 26
as defined in § 6-13.1-1, and the violator shall be subject to the civil penalties provided pursuant to 27
the provisions of § 6-13.1-8. 28
6-61-6. Contracts violating prohibitions. 29
Any contract or agreement entered in violation of the provisions of this chapter shall be 30
void and unenforceable as violating the public policy of this state. 31
SECTION 3. This act shall take effect upon passage. 32
========
LC000040
========
LC000040 - Page 5 of 5
EXPLANATION
BY THE LEGISLATIVE COUNCIL
OF
A N A C T
RELATING TO COMMERCI AL LAW -- GENERAL REGULATORY PROVISIONS --
DECEPTIVE TRADE PRACTICES
***
This act would provide protection from and prevent the unethical, improper conduct and 1
the collection of fees by, anyone advising or assisting a veteran filing a claim for disability benefits 2
with the Department of Veterans Affairs, except as authorized by federal law. 3
This act would take effect upon passage. 4
========
LC000040
========