Enrolled Copy H.B. 248
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Veteran Protections Amendments
2025 GENERAL SESSION
STATE OF UTAH
Chief Sponsor: Verona Mauga
Senate Sponsor: Jerry W. Stevenson
Cosponsor: Doug Fiefia Grant Amjad Miller
Cheryl K. Acton Jake Fitisemanu Carol S. Moss
Gay Lynn Bennion Sahara Hayes Hoang Nguyen
Jefferson S. Burton Sandra Hollins Doug Owens
Tyler Clancy Jason B. Kyle Angela Romero
Jennifer Dailey-Provost Anthony E. Loubet Raymond P. Ward
Rosalba Dominguez Ashlee Matthews
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LONG TITLE
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General Description:
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This bill addresses protections for veterans.
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Highlighted Provisions:
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This bill:
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▸ provides that the Division of Consumer Protection is responsible for enforcing civil
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penalties for individuals who unlawfully provide veterans with assistance in obtaining
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VA benefits;
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▸ clarifies what conduct is not permitted when providing veterans with assistance in
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obtaining VA benefits; and
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▸ makes technical and conforming changes.
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Money Appropriated in this Bill:
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None
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Other Special Clauses:
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None
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Utah Code Sections Affected: H.B. 248 Enrolled Copy
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AMENDS:
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13-11-4, as last amended by Laws of Utah 2024, Chapters 102, 186
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71A-4-101, as renumbered and amended by Laws of Utah 2023, Chapter 44
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71A-4-102, as renumbered and amended by Laws of Utah 2023, Chapter 44
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71A-4-103, as renumbered and amended by Laws of Utah 2023, Chapter 44
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71A-4-104, as renumbered and amended by Laws of Utah 2023, Chapter 44
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71A-4-105, as renumbered and amended by Laws of Utah 2023, Chapter 44
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Be it enacted by the Legislature of the state of Utah:
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Section 1. Section 13-11-4 is amended to read:
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13-11-4 . Deceptive act or practice by supplier.
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(1) A deceptive act or practice by a supplier in connection with a consumer transaction
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violates this chapter whether it occurs before, during, or after the transaction.
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(2) Without limiting the scope of Subsection (1), a supplier commits a deceptive act or
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practice if the supplier knowingly or intentionally:
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(a) indicates that the subject of a consumer transaction has sponsorship, approval,
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performance characteristics, accessories, uses, or benefits, if it has not;
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(b) indicates that the subject of a consumer transaction is of a particular standard,
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quality, grade, style, or model, if it is not;
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(c) indicates that the subject of a consumer transaction is new, or unused, if it is not, or
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has been used to an extent that is materially different from the fact;
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(d) indicates that the subject of a consumer transaction is available to the consumer for a
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reason that does not exist, including any of the following reasons falsely used in an
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advertisement:
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(i) "going out of business";
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(ii) "bankruptcy sale";
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(iii) "lost our lease";
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(iv) "building coming down";
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(v) "forced out of business";
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(vi) "final days";
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(vii) "liquidation sale";
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(viii) "fire sale";
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(ix) "quitting business"; or
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(x) an expression similar to any of the expressions in Subsections (2)(d)(i) through
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(ix);
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(e) indicates that the subject of a consumer transaction has been supplied in accordance
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with a previous representation, if it has not;
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(f) indicates that the subject of a consumer transaction will be supplied in greater
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quantity than the supplier intends;
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(g) indicates that replacement or repair is needed, if it is not;
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(h) indicates that a specific price advantage exists, if it does not;
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(i) indicates that the supplier has a sponsorship, approval, license, certification, or
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affiliation the supplier does not have;
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(j)(i) indicates that a consumer transaction involves or does not involve a warranty, a
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disclaimer of warranties, particular warranty terms, or other rights, remedies, or
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obligations, if the representation is false; or
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(ii) fails to honor a warranty or a particular warranty term;
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(k) indicates that the consumer will receive a rebate, discount, or other benefit as an
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inducement for entering into a consumer transaction in return for giving the supplier
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the names of prospective consumers or otherwise helping the supplier to enter into
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other consumer transactions, if receipt of the benefit is contingent on an event
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occurring after the consumer enters into the transaction;
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(l) after receipt of payment for goods or services, fails to ship the goods or furnish the
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services within the time advertised or otherwise represented or, if no specific time is
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advertised or represented, fails to ship the goods or furnish the services within 30
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days, unless within the applicable time period the supplier provides the buyer with
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the option to:
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(i) cancel the sales agreement and receive a refund of all previous payments to the
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supplier if the refund is mailed or delivered to the buyer within 10 business days
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after the day on which the seller receives written notification from the buyer of the
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buyer's intent to cancel the sales agreement and receive the refund; or
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(ii) extend the shipping date to a specific date proposed by the supplier;
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(m) except as provided in Subsection (3)(b), fails to furnish a notice meeting the
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requirements of Subsection (3)(a) of the purchaser's right to cancel a direct
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solicitation sale within three business days of the time of purchase if:
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(i) the sale is made other than at the supplier's established place of business pursuant
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to the supplier's personal contact, whether through mail, electronic mail, facsimile
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transmission, telephone, or any other form of direct solicitation; and
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(ii) the sale price exceeds $25;
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(n) promotes, offers, or grants participation in a pyramid scheme as defined under Title
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76, Chapter 6a, Pyramid Scheme Act;
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(o) in connection with a charitable solicitation:
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(i) falsely indicates that:
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(A) the supplier is affiliated with a charitable organization;
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(B) the supplier is an employee, officer, or representative of a public safety
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agency;
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(C) the supplier has sponsorship or approval of a given charitable organization;
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(D) a charitable contribution will be provided to a given charitable organization;
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(E) providing a charitable contribution has an additional benefit, including a tax
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benefit; or
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(F) the recipient of the solicitation has previously contributed to a given charitable
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organization;
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(ii) uses a fictitious name or a name the supplier is not authorized to use; or
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(iii) with intent to deceive:
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(A) uses a name that is substantially similar to that of another charitable
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organization; or
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(B) falsely indicates that a charitable contribution will be used for a particular
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purpose;
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(p) if a consumer indicates the consumer's intention of making a claim for a motor
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vehicle repair against the consumer's motor vehicle insurance policy:
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(i) commences the repair without first giving the consumer oral and written notice of:
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(A) the total estimated cost of the repair; and
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(B) the total dollar amount the consumer is responsible to pay for the repair,
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which dollar amount may not exceed the applicable deductible or other copay
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arrangement in the consumer's insurance policy; or
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(ii) requests or collects from a consumer an amount that exceeds the dollar amount a
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consumer was initially told the consumer was responsible to pay as an insurance
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deductible or other copay arrangement for a motor vehicle repair under Subsection
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(2)(p)(i), even if that amount is less than the full amount the motor vehicle
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insurance policy requires the insured to pay as a deductible or other copay
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arrangement, unless:
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(A) the consumer's insurance company denies that coverage exists for the repair,
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in which case, the full amount of the repair may be charged and collected from
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the consumer; or
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(B) the consumer misstates, before the repair is commenced, the amount of money
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the insurance policy requires the consumer to pay as a deductible or other
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copay arrangement, in which case, the supplier may charge and collect from
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the consumer an amount that does not exceed the amount the insurance policy
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requires the consumer to pay as a deductible or other copay arrangement;
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(q) includes in any contract, receipt, or other written documentation of a consumer
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transaction, or any addendum to any contract, receipt, or other written documentation
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of a consumer transaction, any confession of judgment or any waiver of any of the
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rights to which a consumer is entitled under this chapter;
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(r) charges a consumer for a consumer transaction or a portion of a consumer transaction
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that has not previously been agreed to by the consumer;
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(s) solicits or enters into a consumer transaction with a person who lacks the mental
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ability to comprehend the nature and consequences of:
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(i) the consumer transaction; or
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(ii) the person's ability to benefit from the consumer transaction;
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(t) solicits for the sale of a product or service by providing a consumer with an
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unsolicited check or negotiable instrument the presentment or negotiation of which
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obligates the consumer to purchase a product or service, unless the supplier is:
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(i) a depository institution under Section 7-1-103;
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(ii) an affiliate of a depository institution; or
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(iii) an entity regulated under Title 7, Financial Institutions Act;
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(u) sends an unsolicited mailing to a person that appears to be a billing, statement, or
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request for payment for a product or service the person has not ordered or used, or
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that implies that the mailing requests payment for an ongoing product or service the
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person has not received or requested;
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(v) issues a gift certificate, instrument, or other record in exchange for payment to
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provide the bearer, upon presentation, goods or services in a specified amount
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without printing in a readable manner on the gift certificate, instrument, packaging,
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or record any expiration date or information concerning a fee to be charged and
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deducted from the balance of the gift certificate, instrument, or other record;
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(w) misrepresents the geographical origin or location of the supplier's business;
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(x) fails to comply with the restrictions of Section 15-10-201 on automatic renewal
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provisions;
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(y) violates Section 13-59-201;
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(z) fails to comply with the restrictions of Subsection 13-54-202(2);[ or]
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(aa) states or implies that a registration or application administered or enforced by the
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division is an endorsement, sanction, or approval by the division or a governmental
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agency or office[.] ; or
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(bb) fails to comply with the requirements of Section 71A-4-102 regarding assistance to
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veterans for benefits.
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(3)(a) The notice required by Subsection (2)(m) shall:
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(i) be a conspicuous statement written in dark bold with at least 12-point type on the
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first page of the purchase documentation; and
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(ii) read as follows: "YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT
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ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or time
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period reflecting the supplier's cancellation policy but not less than three business
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days) AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE
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PRODUCT, WHICHEVER IS LATER."
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(b) A supplier is exempt from the requirements of Subsection (2)(m) if the supplier's
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cancellation policy:
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(i) is communicated to the buyer; and
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(ii) offers greater rights to the buyer than Subsection (2)(m).
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(4)(a) A gift certificate, instrument, or other record that does not print an expiration date
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in accordance with Subsection (2)(v) does not expire.
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(b) A gift certificate, instrument, or other record that does not include printed
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information concerning a fee to be charged and deducted from the balance of the gift
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certificate, instrument, or other record is not subject to the charging and deduction of
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the fee.
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(c) Subsections (2)(v) and (4)(b) do not apply to a gift certificate, instrument, or other
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record useable at multiple, unaffiliated sellers of goods or services if an expiration
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date is printed on the gift certificate, instrument, or other record.
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Section 2. Section 71A-4-101 is amended to read:
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CHAPTER 4. VETERANS BENEFITS APPLICATION ASSISTANCE
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REQUIREMENTS AND PROHIBITIONS
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71A-4-101 . Definitions.
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(1) As used in this chapter:
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(a) "Accredited" means a veterans service organization, representative, agent, or attorney
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to whom authority has been granted by the VA to provide assistance to claimants in
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the preparation, presentation, and prosecution of claims for VA benefits.
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[(b) "Assistance" means an accredited individual providing claimant-specific
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recommendations or preparing or submitting an application for VA benefits on behalf
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of a claimant.]
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(b) "Assistance" means an act performed by a person on behalf of a claimant to:
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(i) provide claimant-specific recommendations for VA benefits; or
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(ii) prepare or submit an application for VA benefits on behalf of a claimant.
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(c) "Certify" means to submit in writing to a veteran or the veteran's dependents certain
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disclosure forms provided by the department.
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(d) "Claimant" means [a person] an individual who has filed or has expressed to [a
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service organization representative, agent, or attorney] an accredited person an
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intention to file a written application for determination of entitlement to benefits
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provided under United States Code, Title 38, and implementing directives.
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(e) "Compensation" means payment of money, a thing of financial value, or a financial
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benefit.
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(f) "Division" means the Division of Consumer Protection created within the
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Department of Commerce in Section 13-2-1.
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[(e)] (g) "Non-compliant referral" means referring a veteran's or a veteran's dependent's
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original claim for veteran benefits for assistance to [an individual] a person who is in
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violation of the provisions of this chapter.
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[(f) "Referring entity" means an individual, business, or organization licensed in this
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state who refers or assists a veteran or a veteran's dependents for assistance with an
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original claim for veteran benefits.]
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[(g)] (h) "VA benefits" means any payment, service, commodity, function, or status
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entitlement [which] that is determined under laws administered by the VA pertaining
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to veterans, dependents, and survivors, as well as other potential beneficiaries under
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United States Code[,] Title 38.
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[(h)] (i) "Veteran" includes all eligible dependents.
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(2) Terms defined in Section 71A-1-101 apply to this chapter.
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Section 3. Section 71A-4-102 is amended to read:
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71A-4-102 . Requirements and prohibitions regarding assisting a claimant.
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(1) Each [individual] person offering to assist veterans in applying for VA benefits shall:
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(a) be accredited, in compliance with the provisions of C.F.R., Title 38, Pensions,
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Bonuses, and Veterans' Relief, or, if under the supervision of an accredited attorney,
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meet the provisions of C.F.R., Title 38, pertaining to authorized claim representation
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under an attorney; and
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(b) disclose in writing, in a format approved by the department that the claimant can
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retain, the federal laws, regulations, and rules governing assistance for VA benefits.
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(2) The disclosure required by Subsection (1)(b) shall specifically include:
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(a) the [individual's] person's:
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(i) name;
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(ii) business address;
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(iii) business phone number; and
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(iv) the registration number from the VA;
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(b) a statement of the claimant's rights regarding the assistance for VA benefits,
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including that there is no charge to the claimant or a member of the claimant's family
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for assistance with the initial benefits application; and
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(c) a statement that if, as a result of the [individual] person providing assistance for a
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claim, income is accrued to the assisting [individual] person from the sale of a product
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or other services to the claimant, the income is both justified and reasonable as
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compared with income from similar products and services available in the state.
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(3) No provisions of the form may be struck out or designated as nonapplicable.
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(4) Disclosure forms, when completed, shall be:
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(a) signed by both the [individual ] person providing assistance and the claimant; and
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(b) retained for three years by the assisting [individual] person.
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(5) Copies of the disclosure form shall be provided to:
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(a) the veteran on the day the form is completed and signed; and
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(b) the department within five working days.
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(6) A person seeking to receive compensation for preparation, presentation or prosecution
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of, or advising, consulting or assisting an individual with a VA benefits matter that is
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allowed by federal law, regulation, and rule governing the assistance for VA benefits
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shall, before rendering any services, document in a written agreement the terms of the
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compensation signed by both parties that complies with 38 C.F.R. 14.636.
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(7) A person may not:
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(a) receive compensation for preparation, presentation, or prosecution of, or advising,
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consulting or assisting an individual with, a VA benefits matter, except as permitted
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under federal law or regulation governing the assistance for VA benefits;
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(b) receive compensation for referring an individual to another person to prepare, present
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or prosecute, or advise, consult or assist the individual with, a VA benefits matter;
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(c) receive, with respect to an individual's VA benefits matter, compensation for services
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rendered before the date on which a notice of disagreement, decision review, or
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appeal is filed, whichever comes first;
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(d) guarantee, either directly or by implication, that any individual will receive specific
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VA benefits or that any individual will receive a specific level, percentage, or amount
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of VA benefits; or
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(e) receive excessive or unreasonable fees as compensation for preparation, presentation
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or prosecution of, or advising, consulting or assisting an individual with, a VA
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benefits matter as described in 38 C.F.R. 14.636.
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(8) The division may:
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(a) accept complaints alleging violations of this section; and
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(b) bring an enforcement action under Title 13, Chapter 11, Utah Consumer Sales
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Practices Act, against a person who violates this section.
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Section 4. Section 71A-4-103 is amended to read:
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71A-4-103 . Education requirements.
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(1) [All individuals and attorneys ] Every person providing assistance to a veteran shall
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complete three hours of qualifying education as specified in 38 C.F.R. 14.629(b) during
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the first 12 month period following the date of the person's initial accreditation.
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(2) An additional three hours of qualifying continuing education shall be completed by the
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person described in Subsection (1) every two years following the initial 12-month period.
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Section 5. Section 71A-4-104 is amended to read:
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71A-4-104 . Department responsibilities -- Notification -- Assistance --
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Complaints -- Claimant responsibilities.
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(1) The department shall notify in writing each veteran for whom the department has
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contact information that any [individual or business ] person offering to assist veterans in
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applying for benefits shall disclose in writing to the veteran the following:
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(a) 38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that any [individual] person providing
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assistance be accredited by the VA;
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(b) federal law restricts charging a veteran a fee for assisting in the initial application for
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VA benefits; and
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(c) the department's website has a list with contact information of VA accredited claim
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representatives.
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(2) Beginning July 1, 2015, and every three years after the department shall:
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(a) notify the Insurance Department regarding the federal law governing assistance for
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VA benefits, and the Insurance Department shall notify all individual producers and
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consultants licensed by the Insurance Department at the time of initial licensing and
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upon license renewal of those same federal laws governing assistance for VA
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benefits;
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(b) contact the Utah State Bar regarding federal law governing legal assistance for
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claimants applying for benefits and request that the association provide continuing
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legal education on federal laws governing assistance; and
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(c) notify the Department of Health and Human Services regarding federal law
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governing the assistance for claimants applying for benefits, and require the
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Department of Health and Human Services to notify all assisted living and nursing
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care facilities of those federal laws.
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(3) The executive director may establish procedures for processing complaints related to
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assistance regarding a claim for VA benefits.
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(4) For violations by accredited or non-accredited [individuals] persons who offer assistance
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with VA benefits, the executive director may [audit] evaluate selected assisting [
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individuals and referring entities] persons for compliance with this chapter and federal
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laws which govern the provision of assistance to claimants.
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Section 6. Section 71A-4-105 is amended to read:
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71A-4-105 . Veterans Benefits Application Assistance Act -- Exempt
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organizations.
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Accredited representatives of the following organizations are exempt from the
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provisions of this chapter:
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(1) the department;
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[(1)] (2) American Legion;
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[(2)] (3) Veterans of Foreign Wars;
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[(3)] (4) Disabled American Veterans;
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[(4)] (5) Vietnam Veterans of America;
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[(5)] (6) American Veterans (AMVET);
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[(6)] (7) Military Order of the Purple Heart; and
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[(7)] (8) other VA recognized service organizations or individuals as determined by the
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executive director.
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Section 7. Effective Date.
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This bill takes effect on May 7, 2025.
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