If enacted, Delaware would limit payments to advisers without federal veterans’ agency approval, require client notices, and let people harmed by violations sue.
Advisers without federal veterans’ agency approval could charge for benefits claims only when federal law and the bill allow it and they have a signed fee agreement. Paid referrals and unreasonable fees would be barred.
Paid advisers without federal veterans’ agency approval would have to tell clients aloud and in writing that they are not tied to government or veterans’ service groups and that free help may be available. Ads would need similar notices.
People harmed by violations could sue without waiting for the state. Courts could add up to $10,000 per violation when the person harmed is 65 or older or has a disability.
Advisers without federal veterans’ agency approval would face limits on charging for help with benefits claims. The rules cover help with federal or Delaware veterans’ benefits claims for people who have filed or plan to file, including veterans and eligible family members. They could charge only when federal law and the bill allow it, and only under a signed fee agreement that meets federal standards. They could not accept payment for referrals or charge excessive or unreasonable fees. These rules would begin 18 months after the bill becomes law.
Paid advisers without federal veterans’ agency approval would have to give clients and potential clients clear notices. The notices would apply to advisers without federal veterans’ agency approval who charge for help with veterans’ benefits claims. Advisers would have to give clients the notice aloud and in writing at the start of the business relationship. Clients would have to acknowledge the spoken notice and sign the written one. Advertisements for paid services would need a similar notice. Client notices would be due at the start of the business relationship. These rules would begin 18 months after the bill becomes law.
People harmed by violations could sue, and courts could impose an extra penalty in certain cases. The lawsuit rule covers people harmed by violations of the bill’s rules for advisers without federal veterans’ agency approval. A person harmed by a violation could sue without waiting for the Delaware attorney general to act. A court could impose the extra penalty only if it finds a violation against a person who is 65 or older or has a disability. These rules would begin 18 months after the bill becomes law.
No hearings or votes scheduled.