Image Credit: TN General Assembly
The Tennessee Conservative [By Adelia Kirchner] –
The Safeguarding American Veteran Empowerment (SAVE) Act, to protect veterans from deceptive practices under the Tennessee Consumer Protection Act of 1977, passed by a 29-1 vote in the Tennessee Senate on Monday.
Senate Bill 362 (SB0362), sponsored by Sen. Richard Briggs (R-Knoxville-District 7), outlines various protections regarding third-party companies and the compensation they may receive for advising or assisting veterans with benefit matters.
Some of these protections include:
- Prohibiting initial up-front fees.
- Mandating all fees are contingent on a successful outcome.
- Implementing a fee cap.
- Prohibiting direct solicitation of veterans, promising or guaranteeing an increase, and using foreign call centers.
- Prohibiting having access to the veteran’s personal private financial information.
- Mandating disclosure to the veteran that there are free options available to them and mandating signed consent.
- Mandating HIPAA compliant servers.
- Prohibiting taking on a veteran in their first 365 days of discharge.
A violation of the SAVE Act would be considered an “unfair or deceptive act or practice affecting trade or commerce” subject to penalty as defined by the Tennessee Consumer Protection Act and further enhanced by the legislation itself.
SB0362 was amended on the Senate floor to exclude veterans counselors that are employed by Tennessee’s higher education institutions.
According to the amendment, this legislation “does not apply to public or nonprofit institutions of higher education in this state or any person receiving compensation from such institutions for advising, assisting, or consulting on veteran’s benefits matters in the scope of the person’s employment.”
Republican Senators Paul Bailey, Janice Bowling, Richard Briggs, Rusty Crowe, Todd Gardenhire, Ferrell Haile, Bobby Harshbarger, Tom Hatcher, Joey Hensley, Ed Jackson, Jack Johnson, Adam Lowe, Becky Massey, Mark Pody, Bill Powers, Shane Reeves, Kerry Roberts, Paul Rose, Jessie Seal, Steve Southerland, John Stevens, Page Walley, Bo Watson, Dawn White, Ken Yager, and Lt. Gov. Randy McNally, as well as Democrat Senators Heidi Campbell, Sara Kyle, Charlane Oliver, and Jeff Yarbro all voted in favor of the SAVE Act.
The only no vote came from Republican Senator Brent Taylor.
Some critics have warned that the SAVE Act might actually do the opposite of its intention and negatively impact Tennessee veterans.
However, former Acting U.S. Secretary of Veterans Affairs (VA) and advocate of the SAVE Act, Peter O’Rourke, maintains that this legislation will protect veterans from third-party groups who are “bad actors,” purposefully taking advantage of veterans seeking help to obtain their benefits.
The corresponding House Bill 342 (HB0342), sponsored by Rep. Jerome Moon (R-Maryville-District 8) has been assigned to the House Banking and Consumer Affairs Subcommittee but has not yet been scheduled for committee consideration.
About the Author: Adelia Kirchner is a Tennessee resident and reporter for the Tennessee Conservative. Currently the host of Subtle Rampage Podcast, she has also worked for the South Dakota State Legislature and interned for Senator Bill Hagerty’s Office in Nashville, Tennessee. Adelia is The Tennessee Conservative’s on-site reporter for the Tennessee General Assembly. You can reach Adelia at adelia@tennesseeconservativenews.com.
