TITLE 48

MONOPOLIES AND TRADE PRACTICES

CHAPTER 6

CONSUMER PROTECTION ACT

48-603H.  veterans benefits consumer protections. (1) As used in this section:

(a)  "Compensation" means a payment of any money, thing of value, or financial benefit.

(b)  "Veterans benefits matter" means the preparation, presentation, or prosecution of, or advertising or consulting for, any claim affecting any person who has filed or expressed an intent to file a claim for any benefit, program, service, commodity, function, or status to which entitlement is determined under the laws and regulations administered by the United States department of veterans affairs, the United States department of war, or the Idaho division of veterans services pertaining to veterans, veterans’ dependents or survivors, or any other individual eligible for such benefit, program, service, commodity, function, or status.

(2)(a)  Except as permitted under federal law, no individual shall receive compensation for a veterans benefits matter before the United States department of veterans affairs, the United States department of war, or the Idaho division of veterans services.

(b)  No person shall receive compensation for referring any individual to another person for a veterans benefits matter before the United States department of veterans affairs, the United States department of war, or the Idaho division of veterans services.

(3)  Persons not accredited by the United States department of veterans affairs and not acting as agents or attorneys but seeking to receive compensation for any veterans benefits matter shall enter into a written fee agreement signed by both parties. Such agreement shall provide that compensation is contingent on an increase in benefits awarded, and if successful, compensation shall not exceed five (5) times the amount of the monthly increase in benefits awarded based on the claim. No initial or nonrefundable fee may be charged by a person handling a veterans benefits matter.

(4)  Any person receiving compensation for a veterans benefit matter pursuant to subsection (3) of this section shall provide the following written disclosure clearly and conspicuously before the consumer signs the fee agreement:

This business is not sponsored by or affiliated with the United States Department of Veterans Affairs, the Idaho Division of Veterans Services, or any federally chartered veterans service organization. Other organizations, including but not limited to the Idaho Division of Veterans Services, local veterans service organizations, and federally chartered veterans service organizations, may be able to provide you with this service free of charge. Products or services offered by this business are not necessarily endorsed by any of these organizations. You may qualify for other veterans benefits beyond the benefits for which you are receiving services here.

(5)  Any person receiving compensation for a veterans benefits matter under a fee agreement pursuant to subsection (3) of this section:

(a)  May not utilize international call centers or data centers for processing veterans’ personal information;

(b)  May not use a veteran’s personal log-in, username, or password information to access a veteran’s medical, financial, or government benefits information;

(c)  Shall ensure that any individual who has access to a veteran’s medical or financial information undergoes a background check prior to having access to such information. The background check must be conducted by a reputable source and include identity verification and a criminal records check; and

(d)  May not receive any compensation for any services rendered in connection with any claim filed within the one (1) year presumptive period of active-duty release, unless the veteran acknowledges in writing that the veteran is within this period and choosing to deny available free services.

(6)  Nothing in this section shall be construed as applying to, limiting, or expanding the requirements imposed on agents, attorneys, or other representatives accredited and regulated by the United States department of veterans affairs.

History:

[48-603H, added 2026, ch. 145, sec. 1, p. 669.]