The GUARD VA Benefits Act would punish entities that charge veterans illegal fees for assistance in filing disability benefit claims.
Tallahassee, FL: Representative Anna V. Eskamani and Senator Victor Torres have filed legislation to crack down on entities that are illegally preying upon U.S. military veterans who are trying to file claims for disability benefits.
The GUARD VA Benefits Act – which stands for “Governing Unaccredited Representatives Defrauding VA Benefits” – would punish unaccredited entities that charge veterans unauthorized fees to assist in filing benefit claims, by exposing them to state enforcement actions under Florida’s Deceptive and Unfair Trade Practices Act.
Federal law already prohibits individuals and businesses who are not accredited by the U.S. Department of Veterans Affairs from charging a veteran a fee to assist in the filing a VA benefit claim. But Congress eliminated criminal penalties for violators in 2006, leading to the emergence of a cottage industry of for-profit, claims-assistance companies that are flouting federal law and charging veterans exorbitant fees.
Right now, there are more than 100 unaccredited claims companies preying on U.S. veterans, according to The American Legion.
Eskamani and Torres’ legislation (HB 1351 and SB 1452) comes as a bipartisan group of lawmakers in Congress are seeking to restore the federal criminal penalties that were eliminated nearly 20 years ago. In addition to adding state-level punishment, the Florida bills would also require anyone who receives compensation for helping a veteran file a benefit claim to adhere to the same ethical standards as a licensed attorney – and to abide by the same rules governing things like solicitation, advertising, confidentiality and duty of care.
“All of us owe a debt to our veterans for their service defending our country and our democracy,” said Representative Eskamani. “It is utterly sickening that some bad actors are preying upon our veterans for profit. We will put a stop to it in Florida while also supporting our accredited agencies in delivering critical benefits to our veterans.”
“As a Marine and Veteran I know the sacrifices and service our military personnel provide to our nation, “ said Senator Torres. “ I am proud to sponsor this bill that punishes those who would attempt to defraud our honorable Florida Veterans and take away much-needed financial resources for veterans services across our State.”
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