Image Credit: Canva
The Tennessee Conservative [By Olivia Lupia] –
Originally filed as HB0053/SB0183, a bill now dubbed the “SAVE Act” has been refiled by Representative Jerome Moon (R-Dist.8-Maryville) which would protect veterans from certain deceptive practices under the Tennessee Consumer Protection Act of 1977.
Now introduced as HB0342, the bill’s acronym stands for the “Safeguarding American Veteran Empowerment Act” and appears to contain language from the original bill, though there is no adequate summary of the SAVE Act on the capitol’s legislative tracking site.
The definitions of certain terms appear to be unchanged or minimally affected:
– “Compensation”: any money, thing of value, or economic benefit conferred on, or received by, any person in return for services rendered, or to be rendered, by that person or another.
– “Person”: an individual or a legal entity; *CHANGE from HB0053* The previous definition of “Person” was “natural person, corporation, trust, partnership, incorporated or unincorporated association, or any other legal entity.”
– “Veteran benefit matter”: the preparation, presentation, or prosecution of a claim affecting a person who has filed or expressed an intent to file a claim for a benefit, program, service, commodity, function, status, or entitlement for which a veteran, a dependent or survivor of the veteran, or another individual is eligible under the laws and rules administered by the United States department of veterans’ affairs or the Tennessee department of veterans services.
The changes from the original bill appear to be most notable in the subsequent sections which outline the restrictions for compensation received for those advising or assisting veterans with benefit matters. Some examples of these limitations include:
– “A person shall not receive compensation for referring an individual to a person to advise or assist the individual with a veteran benefit matter.”
– “A person shall not receive compensation for a service rendered in connection with a claim filed within the one (1) year of a veteran’s presumptive period of active-duty release, unless the veteran acknowledges by signing a waiver that the veteran is within such period and choosing to deny free services that are available to the veteran.”
– “A person shall not guarantee, either directly or by implication, a successful outcome or that an individual is certain to receive specific veteran benefits or a specific level, percentage, or amount of veteran benefits.”
There are several other provisions including the use of a disclaimer statement and more specific operations rules to protect personal or sensitive information for businesses that assist or consult on veteran benefit matters.
A violation of these provisions would constitute an “unfair or deceptive act or practice affecting trade or commerce” and would be subject to the penalties and remedies established by the Tennessee Consumer Protection Act of 1977 and the additional consequences outlined in the SAVE Act.
Each day a violation continues would be considered a separate violation and any funds collected from penalties would be paid to the general fund of the state.
SB0183 was withdrawn by Senator Richard Briggs (R-Dist.7-Knoxville) on January 23, the same day the new SAVE Act was filed by Rep. Moon. It has not picked up a Senate sponsor at the time of this writing and there is no indication if Briggs will support this updated version of the bill.
Olivia Lupia is a political refugee from Colorado who now calls Tennessee home. A proud follower of Christ, she views all political happenings through a Biblical lens and aims to utilize her knowledge and experience to educate and equip others. Olivia is an outspoken conservative who has run for local office, managed campaigns, and been highly involved with state & local GOPs, state legislatures, and other grassroots organizations and movements. Olivia can be reached at olivia@tennesseeconservativenews.com.
