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Bill > HB2949


WV HB2949

WV HB2949
Prohibiting compensation when assisting persons apply for VA benefits in certain circumstances


summary

Introduced
02/25/2025
In Committee
02/25/2025
Crossed Over
Passed
Dead
04/12/2025

Introduced Session

2025 Regular Session

Bill Summary

The purpose of this bill is to provide that a person may not receive compensation for services related to veterans' benefits matters except as permitted under federal law. It also provides that a person may not receive compensation for referring an individual to another person to provide services related to veterans' benefits matters. It provides that a person seeking to receive compensation for services related to veterans' benefits matters must, before rendering any services, memorialize in a written agreement that is signed by both parties and that complies with federal regulations all terms regarding the payment of fees for services rendered. It provides that a person may not receive excessive or unreasonable fees for services related to veterans' benefits matters. A violation of the provisions of the bill constitutes a violation of the West Virginia Consumer Credit and protection Act §46A-6-1 et seq. of this code.

AI Summary

This bill establishes strict regulations for compensation related to veterans' benefits services in West Virginia. It defines key terms like "compensation" (any financial payment), "person" (which includes individuals and various types of legal entities), and "veterans' benefits matter" (preparation or presentation of claims related to VA or Department of Defense benefits). The bill prohibits individuals or entities from: receiving compensation for veterans' benefits services except as allowed by federal law, charging fees for referring individuals to benefits services, guaranteeing specific benefits outcomes, or charging excessive or unreasonable fees. Before providing any services, a person must create a written agreement signed by both parties that complies with federal regulations (specifically 38 Code of Federal Regulations, Section 14.636), detailing all payment terms. Any violation of these provisions is considered a breach of the West Virginia Consumer Credit and Protection Act, which provides legal recourse and potential penalties for those who do not adhere to the specified guidelines. The overall intent is to protect veterans from predatory practices and ensure fair, transparent assistance in obtaining their benefits.

Committee Categories

Government Affairs

Sponsors (2)

Last Action

To House Government Organization (on 02/25/2025)

bill text


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