Rep. Norm Thurston — Voting Record

Bill

Number

H.B. 248 (2025GS)

Sponsor

Rep. Mauga, Verona

Final action

Governor Signed 3/25/2025

Outcome

Became law — signed by Gov. Spencer J. Cox

Summary

What it does

• This bill:
• provides that the Division of Consumer Protection is responsible for enforcing civil penalties for individuals who unlawfully provide veterans with assistance in obtaining VA benefits;
• clarifies what conduct is not permitted when providing veterans with assistance in obtaining VA benefits; and
• makes technical and conforming changes.

Every vote on this bill

Bill text

22
13-11-4
71A-4-101
71A-4-102
71A-4-103
71A-4-104
71A-4-105
0
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
LONG TITLE
General Description:
This bill addresses protections for veterans.
Highlighted Provisions:
This bill:
provides that the Division of Consumer Protection is responsible for enforcing civil 
penalties for individuals who unlawfully provide veterans with assistance in obtaining 
VA benefits;
clarifies what conduct is not permitted when providing veterans with assistance in 
obtaining VA benefits; and
makes technical and conforming changes.
Money Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
AMENDS:
13-11-4
, as last amended by Laws of Utah 2024, Chapters 102, 186
71A-4-101
, as renumbered and amended by Laws of Utah 2023, Chapter 44
71A-4-102
, as renumbered and amended by Laws of Utah 2023, Chapter 44
71A-4-103
, as renumbered and amended by Laws of Utah 2023, Chapter 44
71A-4-104
, as renumbered and amended by Laws of Utah 2023, Chapter 44
71A-4-105
, as renumbered and amended by Laws of Utah 2023, Chapter 44
Be it enacted by the Legislature of the state of Utah:
Section 1, Section 
13-11-4
 is amended to read:
13-11-4
. Deceptive act or practice by supplier.
(1)
A deceptive act or practice by a supplier in connection with a consumer transaction 
violates this chapter whether it occurs before, during, or after the transaction.
(2)
Without limiting the scope of Subsection (1), a supplier commits a deceptive act or 
practice if the supplier knowingly or intentionally:
(a)
indicates that the subject of a consumer transaction has sponsorship, approval, 
performance characteristics, accessories, uses, or benefits, if it has not;
(b)
indicates that the subject of a consumer transaction is of a particular standard, 
quality, grade, style, or model, if it is not;
(c)
indicates that the subject of a consumer transaction is new, or unused, if it is not, or 
has been used to an extent that is materially different from the fact;
(d)
indicates that the subject of a consumer transaction is available to the consumer for a 
reason that does not exist, including any of the following reasons falsely used in an 
advertisement:
(i)
"going out of business";
(ii)
"bankruptcy sale";
(iii)
"lost our lease";
(iv)
"building coming down";
(v)
"forced out of business";
(vi)
"final days";
(vii)
"liquidation sale";
(viii)
"fire sale";
(ix)
"quitting business"; or
(x)
an expression similar to any of the expressions in Subsections (2)(d)(i) through 
(ix);
(e)
indicates that the subject of a consumer transaction has been supplied in accordance 
with a previous representation, if it has not;
(f)
indicates that the subject of a consumer transaction will be supplied in greater 
quantity than the supplier intends;
(g)
indicates that replacement or repair is needed, if it is not;
(h)
indicates that a specific price advantage exists, if it does not;
(i)
indicates that the supplier has a sponsorship, approval, license, certification, or 
affiliation the supplier does not have;
(j)
(i)
indicates that a consumer transaction involves or does not involve a warranty, a 
disclaimer of warranties, particular warranty terms, or other rights, remedies, or 
obligations, if the representation is false; or
(ii)
fails to honor a warranty or a particular warranty term;
(k)
indicates that the consumer will receive a rebate, discount, or other benefit as an 
inducement for entering into a consumer transaction in return for giving the supplier 
the names of prospective consumers or otherwise helping the supplier to enter into 
other consumer transactions, if receipt of the benefit is contingent on an event 
occurring after the consumer enters into the transaction;
(l)
after receipt of payment for goods or services, fails to ship the goods or furnish the 
services within the time advertised or otherwise represented or, if no specific time is 
advertised or represented, fails to ship the goods or furnish the services within 30 
days, unless within the applicable time period the supplier provides the buyer with 
the option to:
(i)
cancel the sales agreement and receive a refund of all previous payments to the 
supplier if the refund is mailed or delivered to the buyer within 10 business days 
after the day on which the seller receives written notification from the buyer of the 
buyer's intent to cancel the sales agreement and receive the refund; or
(ii)
extend the shipping date to a specific date proposed by the supplier;
(m)
except as provided in Subsection (3)(b), fails to furnish a notice meeting the 
requirements of Subsection (3)(a) of the purchaser's right to cancel a direct 
solicitation sale within three business days of the time of purchase if:
(i)
the sale is made other than at the supplier's established place of business pursuant 
to the supplier's personal contact, whether through mail, electronic mail, facsimile 
transmission, telephone, or any other form of direct solicitation; and
(ii)
the sale price exceeds $25;
(n)
promotes, offers, or grants participation in a pyramid scheme as defined under Title 
76, Chapter 6a, Pyramid Scheme Act;
(o)
in connection with a charitable solicitation:
(i)
falsely indicates that:
(A)
the supplier is affiliated with a charitable organization;
(B)
the supplier is an employee, officer, or representative of a public safety 
agency;
(C)
the supplier has sponsorship or approval of a given charitable organization;
(D)
a charitable contribution will be provided to a given charitable organization;
(E)
providing a charitable contribution has an additional benefit, including a tax 
benefit; or
(F)
the recipient of the solicitation has previously contributed to a given charitable 
organization;
(ii)
uses a fictitious name or a name the supplier is not authorized to use; or
(iii)
with intent to deceive:
(A)
uses a name that is substantially similar to that of another charitable 
organization; or
(B)
falsely indicates that a charitable contribution will be used for a particular 
purpose;
(p)
if a consumer indicates the consumer's intention of making a claim for a motor 
vehicle repair against the consumer's motor vehicle insurance policy:
(i)
commences the repair without first giving the consumer oral and written notice of:
(A)
the total estimated cost of the repair; and
(B)
the total dollar amount the consumer is responsible to pay for the repair, 
which dollar amount may not exceed the applicable deductible or other copay 
arrangement in the consumer's insurance policy; or
(ii)
requests or collects from a consumer an amount that exceeds the dollar amount a 
consumer was initially told the consumer was responsible to pay as an insurance 
deductible or other copay arrangement for a motor vehicle repair under Subsection 
(2)(p)(i), even if that amount is less than the full amount the motor vehicle 
insurance policy requires the insured to pay as a deductible or other copay 
arrangement, unless:
(A)
the consumer's insurance company denies that coverage exists for the repair, 
in which case, the full amount of the repair may be charged and collected from 
the consumer; or
(B)
the consumer misstates, before the repair is commenced, the amount of money 
the insurance policy requires the consumer to pay as a deductible or other 
copay arrangement, in which case, the supplier may charge and collect from 
the consumer an amount that does not exceed the amount the insurance policy 
requires the consumer to pay as a deductible or other copay arrangement;
(q)
includes in any contract, receipt, or other written documentation of a consumer 
transaction, or any addendum to any contract, receipt, or other written documentation 
of a consumer transaction, any confession of judgment or any waiver of any of the 
rights to which a consumer is entitled under this chapter;
(r)
charges a consumer for a consumer transaction or a portion of a consumer transaction 
that has not previously been agreed to by the consumer;
(s)
solicits or enters into a consumer transaction with a person who lacks the mental 
ability to comprehend the nature and consequences of:
(i)
the consumer transaction; or
(ii)
the person's ability to benefit from the consumer transaction;
(t)
solicits for the sale of a product or service by providing a consumer with an 
unsolicited check or negotiable instrument the presentment or negotiation of which 
obligates the consumer to purchase a product or service, unless the supplier is:
(i)
a depository institution under Section 
7-1-103
;
(ii)
an affiliate of a depository institution; or
(iii)
an entity regulated under Title 7, Financial Institutions Act;
(u)
sends an unsolicited mailing to a person that appears to be a billing, statement, or 
request for payment for a product or service the person has not ordered or used, or 
that implies that the mailing requests payment for an ongoing product or service the 
person has not received or requested;
(v)
issues a gift certificate, instrument, or other record in exchange for payment to 
provide the bearer, upon presentation, goods or services in a specified amount 
without printing in a readable manner on the gift certificate, instrument, packaging, 
or record any expiration date or information concerning a fee to be charged and 
deducted from the balance of the gift certificate, instrument, or other record;
(w)
misrepresents the geographical origin or location of the supplier's business;
(x)
fails to comply with the restrictions of Section 
15-10-201
 on automatic renewal 
provisions;
(y)
violates Section 
13-59-201
; 
(z)
fails to comply with the restrictions of Subsection 
13-54-202
(2);
 or
(aa)
states or implies that a registration or application administered or enforced by the 
division is an endorsement, sanction, or approval by the division or a governmental 
agency or office
.
; or
(bb)
fails to comply with the requirements of Section 
71A-4-102
 regarding assistance to 
veterans for benefits.
(3)
(a)
The notice required by Subsection (2)(m) shall:
(i)
be a conspicuous statement written in dark bold with at least 12-point type on the 
first page of the purchase documentation; and
(ii)
read as follows: "YOU, THE BUYER, MAY CANCEL THIS CONTRACT AT 
ANY TIME PRIOR TO MIDNIGHT OF THE THIRD BUSINESS DAY (or time 
period reflecting the supplier's cancellation policy but not less than three business 
days) AFTER THE DATE OF THE TRANSACTION OR RECEIPT OF THE 
PRODUCT, WHICHEVER IS LATER."
(b)
A supplier is exempt from the requirements of Subsection (2)(m) if the supplier's 
cancellation policy:
(i)
is communicated to the buyer; and
(ii)
offers greater rights to the buyer than Subsection (2)(m).
(4)
(a)
A gift certificate, instrument, or other record that does not print an expiration date 
in accordance with Subsection (2)(v) does not expire.
(b)
A gift certificate, instrument, or other record that does not include printed 
information concerning a fee to be charged and deducted from the balance of the gift 
certificate, instrument, or other record is not subject to the charging and deduction of 
the fee.
(c)
Subsections (2)(v) and (4)(b) do not apply to a gift certificate, instrument, or other 
record useable at multiple, unaffiliated sellers of goods or services if an expiration 
date is printed on the gift certificate, instrument, or other record.
Section 2, Section 
71A-4-101
 is amended to read:
4. VETERANS BENEFITS APPLICATION ASSISTANCE 
REQUIREMENTS AND PROHIBITIONS
71A-4-101
. Definitions.
(1)
As used in this chapter:
(a)
"Accredited" means a veterans service organization
,
 representative, agent, or attorney 
to whom authority has been granted by the VA to provide assistance to claimants in 
the preparation, presentation, and prosecution of claims for VA benefits.
(b)
"Assistance" means an accredited individual providing claimant-specific 
recommendations or preparing or submitting an application for VA benefits on behalf 
of a claimant.
(b)
"Assistance" means an act performed by a person on behalf of a claimant to:
(i)
provide claimant-specific recommendations for VA benefits; or
(ii)
prepare or submit an application for VA benefits on behalf of a claimant.
(c)
"Certify" means to submit in writing to a veteran or the veteran's dependents certain 
disclosure forms provided by the department.
(d)
"Claimant" means 
a person
an individual
 who has filed or has expressed to 
a 
service organization representative, agent, or attorney
an accredited person
 an 
intention to file a written application for determination of entitlement to benefits 
provided under United States Code, 
Title 38
, and implementing directives.
(e)
"Compensation" means payment of money, a thing of financial value, or a financial 
benefit.
(f)
"Division" means the Division of Consumer Protection created within the 
Department of Commerce in Section 
13-2-1
.
(e)
(g)
"Non-compliant referral" means referring a veteran's or a veteran's dependent's 
original claim for veteran benefits for assistance to 
an individual
a person
 who is in 
violation of the provisions of this chapter.
(f)
"Referring entity" means an individual, business, or organization licensed in this 
state who refers or assists a veteran or a veteran's dependents for assistance with an 
original claim for veteran benefits.
(g)
(h)
"VA benefits" means any payment, service, commodity, function, or status 
entitlement 
which
that
 is determined under laws administered by the VA pertaining 
to veterans, dependents, and survivors
,
 as well as other potential beneficiaries under 
United States Code
,
Title 38
.
(h)
(i)
"Veteran" includes all eligible dependents.
(2)
Terms defined in Section 
71A-1-101
 apply to this chapter.
Section 3, Section 
71A-4-102
 is amended to read:
71A-4-102
. Requirements and prohibitions regarding assisting a claimant.
(1)
Each 
individual
person
 offering to assist veterans in applying for 
VA 
benefits shall:
(a)
be accredited, in compliance with the provisions of C.F.R., 
Title 38
, Pensions, 
Bonuses, and Veterans' Relief, or, if under the supervision of an accredited attorney
,
meet the provisions of C.F.R., 
Title 38
, pertaining to authorized claim representation 
under an attorney; and
(b)
disclose in writing, in a format approved by the department that the claimant can 
retain, the federal laws, regulations, and rules governing assistance for VA benefits.
(2)
The disclosure required by Subsection 
(1)(b)
 shall specifically include:
(a)
the 
individual's
person's
:
(i)
name;
(ii)
business address;
(iii)
business phone number; and
(iv)
the registration number from the VA;
(b)
a statement of the claimant's rights regarding the assistance for VA benefits, 
including that there is no charge to the claimant or a member of the claimant's family 
for assistance with the initial benefits application; and
(c)
a statement that if, as a result of the 
individual
person
 providing assistance for a 
claim, income is accrued to the assisting 
individual
person
 from the sale of a product 
or other services to the claimant, the income is both justified and reasonable as 
compared with income from similar products and services available in the state.
(3)
No provisions of the form may be struck out or designated as nonapplicable.
(4)
Disclosure forms, when completed, shall be:
(a)
signed by both the 
individual 
person 
providing assistance and the claimant; and
(b)
retained for three years by the assisting 
individual
person
.
(5)
Copies of the disclosure form shall be provided to:
(a)
the veteran on the day the form is completed and signed; and
(b)
the department within five working days.
(6)
A person seeking to receive compensation for preparation, presentation or prosecution 
of, or advising, consulting or assisting an individual with a VA benefits matter that is 
allowed by federal law, regulation, and rule governing the assistance for VA benefits 
shall, before rendering any services, document in a written agreement the terms of the 
compensation signed by both parties that complies with 38 C.F.R. 14.636.
(7)
A person may not:
(a)
receive compensation for preparation, presentation, or prosecution of, or advising, 
consulting or assisting an individual with, a VA benefits matter, except as permitted 
under federal law or regulation governing the assistance for VA benefits;
(b)
receive compensation for referring an individual to another person to prepare, present 
or prosecute, or advise, consult or assist the individual with, a VA benefits matter;
(c)
receive, with respect to an individual's VA benefits matter, compensation for services 
rendered before the date on which a notice of disagreement, decision review, or 
appeal is filed, whichever comes first;
(d)
guarantee, either directly or by implication, that any individual will receive specific 
VA benefits or that any individual will receive a specific level, percentage, or amount 
of VA benefits; or
(e)
receive excessive or unreasonable fees as compensation for preparation, presentation 
or prosecution of, or advising, consulting or assisting an individual with, a VA 
benefits matter as described in 38 C.F.R. 14.636.
(8)
The division may:
(a)
accept complaints alleging violations of this section; and
(b)
bring an enforcement action under Title 13, Chapter 11, Utah Consumer Sales 
Practices Act, against a person who violates this section.
Section 4, Section 
71A-4-103
 is amended to read:
71A-4-103
. Education requirements.
(1)
All individuals and attorneys 
Every person 
providing assistance to a veteran shall 
complete three hours of qualifying education as specified in 38 C.F.R. 14.629(b) during 
the first 12 month period following the date of
 the person's
 initial accreditation.
(2)
An additional three hours of qualifying continuing education shall be completed 
by the 
person described in Subsection 
(1)
every two years following the initial 12-month period.
Section 5, Section 
71A-4-104
 is amended to read:
71A-4-104
. Department responsibilities -- Notification -- Assistance -- 
Complaints -- Claimant responsibilities.
(1)
The department shall notify in writing each veteran for whom the department has 
contact information that any 
individual or business 
person 
offering to assist veterans in 
applying for benefits shall disclose in writing to the veteran the following:
(a)
38 C.F.R. 14.629 and 38 C.F.R. 14.630 require that any 
individual
person
 providing 
assistance be accredited by the VA;
(b)
federal law restricts charging a veteran a fee for assisting in the initial application for 
VA benefits; and
(c)
the department's website has a list with contact information of VA accredited claim 
representatives.
(2)
Beginning July 1, 2015, and every three years after the department shall:
(a)
notify the Insurance Department regarding the federal law governing assistance for 
VA benefits, and the Insurance Department shall notify all individual producers and 
consultants licensed by the Insurance Department at the time of initial licensing and 
upon license renewal of those same federal laws governing assistance for VA 
benefits;
(b)
contact the Utah State Bar regarding federal law governing legal assistance for 
claimants applying for benefits and request that the association provide continuing 
legal education on federal laws governing assistance; and
(c)
notify the Department of Health and Human Services regarding federal law 
governing the assistance for claimants applying for benefits, and require the 
Department of Health and Human Services to notify all assisted living and nursing 
care facilities of those federal laws.
(3)
The executive director may establish procedures for processing complaints related to 
assistance regarding a claim for VA benefits.
(4)
For violations by accredited or non-accredited 
individuals
persons
 who offer assistance 
with VA benefits, the executive director may 
audit
evaluate
 selected assisting 
individuals and referring entities
persons
 for compliance with this chapter and federal 
laws which govern the provision of assistance to claimants.
Section 6, Section 
71A-4-105
 is amended to read:
71A-4-105
. Veterans Benefits Application Assistance Act -- Exempt 
organizations.
Accredited representatives of the following organizations are exempt from the 
provisions of this chapter:
(1)
the department;
(1)
(2)
American Legion;
(2)
(3)
Veterans of Foreign Wars;
(3)
(4)
Disabled American Veterans;
(4)
(5)
Vietnam Veterans of America;
(5)
(6)
American Veterans (AMVET);
(6)
(7)
Military Order of the Purple Heart; and
(7)
(8)
other VA recognized service organizations or individuals as determined by the 
executive director.
Section 7. 
Effective Date.
This bill takes effect on 
May 7, 2025
.
3-14-25 10:06 AM