HF1855

This Minnesota bill (H.F. No. 1855) seeks to regulate veterans benefits service providers by requiring federal accreditation, prohibiting misleading guarantees, and enforcing consumer protection measures. The bill amends Minnesota Statutes 2024, section 197.6091, and establishes the following key provisions:

1. Mandatory Accreditation: Individuals or entities providing veterans benefits services for compensation must be accredited by the U.S. Department of Veterans Affairs under federal law (38 U.S.C. Chapter 59). This requirement also extends to those who refer clients for compensation.

2. Fee Agreements: Any person providing veterans benefits services must adhere to federal regulations regarding fees (38 C.F.R. § 14.636) and provide a written fee agreement before performing services.

3. Advertising and Disclosure Requirements:

   • Advertisements for veterans benefits appeal services must clearly disclose that free services are available through county veterans service officers (as per Minnesota law).
   • Providers must give clients a written disclosure statement before any agreement is signed, and the client must acknowledge understanding it.

4. Prohibition Against Guarantees: Providers cannot explicitly or implicitly guarantee that clients will receive specific veterans benefits, including a particular percentage or amount.

5. Penalties and Enforcement:

   • Violators are subject to a civil penalty of up to $1,000 per offense, enforceable by the district court.
   • Each day of a continuing violation counts as a separate offense.
   • The Minnesota Attorney General can pursue legal actions and settlements for violations under the state's consumer fraud laws (section 325F.69).
   • Penalties collected will be deposited into the “Support Our Troops” account.

6. Exemptions: The law does not apply to media owners or personnel responsible for publishing advertisements.

This bill aims to protect veterans and their families from fraudulent or misleading services by enforcing transparency, ensuring provider qualifications, and imposing civil penalties for violations.