Veterans assistance; prohibit unethical collection of fees in veterans benefits matters.

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To: Veterans and Military
Affairs; Judiciary, Division
A
MISSISSIPPI LEGISLATURE REGULAR SESSION 2026

By: Senator(s) Tate

SENATE BILL NO. 2669

AN ACT TO PROHIBIT UNETHICAL CONDUCT AND IMPROPER COLLECTION 1
OF FEES RELATING TO ASSISTANCE OR REFERRALS IN VETERANS BENEFITS 2
MATTERS; TO PROVIDE THAT ANY PERSON WHO RECEIVES COMPENSATION FOR 3
ASSISTING AN INDIVIDUAL REGARDING ANY VETERANS BENEFITS IS HELD TO 4
THE SAME ETHICAL STANDARD AS AN ATTORNEY; TO PROVIDE THAT A 5
VIOLATION OF THIS ACT SHALL BE DEEMED A DECEPTIVE TRADE PRACTICE 6
ACTIONABLE BY THE ATTORNEY GENERAL'S OFFICE OF CONSUMER 7
PROTECTION; TO AMEND SECTIONS 75-24-5, 75-24-15 AND 35-3-21, 8
MISSISSIPPI CODE OF 1972, IN CONFORMITY; AND FOR RELATED PURPOSES. 9
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI: 10
SECTION 1. (1) For purposes of Section 2 of this act: 11
(a) "Compensation" means payment of any money, thing of 12
value or financial benefit. 13
(b) "Veterans benefits matter" means the preparation, 14
presentation or prosecution of any claim affecting any person who 15
has filed or expressed an intent to file a claim for any benefit, 16
program, service, commodity, function or status, to which 17
entitlement is determined under the laws and regulations 18
administered by the United States Department of Veterans Affairs, 19
the United States Department of Defense, or the Mississippi State 20
Veterans Affairs Board pertaining to veterans, their dependents or 21
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survivors, or any other individual eligible for such benefit, 22
program, service, commodity, function or status. 23
(2) Except as permitted under federal law, no person shall 24
receive compensation for preparing, presenting, prosecuting, 25
advising, consulting or assisting any individual with regard to 26
any veterans benefits matter before the United States Department 27
of Veterans Affairs, the United States Department of Defense, or 28
the Mississippi State Veterans Affairs Board. 29
(3) No person shall receive compensation for referring any 30
individual to another person to prepare, present, prosecute, 31
advise, consult or assist regarding any veterans benefits matter 32
before the United States Department of Veterans Affairs, the 33
United States Department of Defense, or the Mississippi State 34
Veterans Affairs Board. 35
(4) Nothing in this section shall be construed to prohibit a 36
division of fees between licensed attorneys that is otherwise 37
proper under the Rules of Professional Conduct of The Mississippi 38
Bar. 39
(5) A violation of this section shall be a deceptive trade 40
practice under Section 75-24-5, Mississippi Code of 1972, 41
actionable by the Mississippi Attorney General. 42
(6) Any person who receives compensation for preparing, 43
presenting, prosecuting, advising, consulting or assisting an 44
individual with regard to any veterans benefits matter before the 45
United States Department of Veterans Affairs, the United States 46
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Department of Defense, or the Mississippi State Veterans Affairs 47
Board shall be held to the same ethical standards as an attorney 48
is held to in the Rules of Professional Conduct of The Mississippi 49
Bar regarding the following areas: 50
(a) Advertising; 51
(b) Solicitation of new clients; 52
(c) Confidentiality; 53
(d) Duty of care; 54
(e) Duty of honesty; and 55
(f) Duty to zealously pursue what is in the best 56
interest of the client. 57
(7) Any person preparing or assisting any individual with 58
regard to any veteran's benefits shall comply with the provisions 59
of Section 75-24-15(5) relating to claims filed on behalf of 60
veterans. 61
SECTION 2. Section 75-24-5, Mississippi Code of 1972, is 62
amended as follows: 63
75-24-5. (1) Unfair methods of competition affecting 64
commerce and unfair or deceptive trade practices in or affecting 65
commerce are prohibited. Action may be brought under Section 66
75-24-5(1) only under the provisions of Section 75-24-9. 67
(2) Without limiting the scope of subsection (1) of this 68
section, the following unfair methods of competition and unfair or 69
deceptive trade practices or acts in the conduct of any trade or 70
commerce are hereby prohibited: 71
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(a) Passing off goods or services as those of another; 72
(b) Misrepresentation of the source, sponsorship, 73
approval, or certification of goods or services; 74
(c) Misrepresentation of affiliation, connection, or 75
association with, or certification by another; 76
(d) Misrepresentation of designations of geographic 77
origin in connection with goods or services; 78
(e) Representing that goods or services have 79
sponsorship, approval, characteristics, ingredients, uses, 80
benefits, or quantities that they do not have or that a person has 81
a sponsorship, approval, status, affiliation, or connection that 82
he does not have; 83
(f) Representing that goods are original or new if they 84
are reconditioned, reclaimed, used, or secondhand; 85
(g) Representing that goods or services are of a 86
particular standard, quality, or grade, or that goods are of a 87
particular style or model, if they are of another; 88
(h) Disparaging the goods, services, or business of 89
another by false or misleading representation of fact; 90
(i) Advertising goods or services with intent not to 91
sell them as advertised; 92
(j) Advertising goods or services with intent not to 93
supply reasonably expectable public demand, unless the 94
advertisement discloses a limitation of quantity; 95
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(k) Misrepresentations of fact concerning the reasons 96
for, existence of, or amounts of price reductions; 97
(l) Advertising by or on behalf of any licensed or 98
regulated health care professional which does not specifically 99
describe the license or qualifications of the licensed or 100
regulated health care professional; 101
(m) Charging an increased premium for reinstating a 102
motor vehicle insurance policy that was cancelled or suspended by 103
the insured solely for the reason that he was transferred out of 104
this state while serving in the United States Armed Forces or on 105
active duty in the National Guard or United States Armed Forces 106
Reserve. It is also an unfair practice for an insurer to charge 107
an increased premium for a new motor vehicle insurance policy if 108
the applicant for coverage or his covered dependents were 109
previously insured with a different insurer and canceled that 110
policy solely for the reason that he was transferred out of this 111
state while serving in the United States Armed Forces or on active 112
duty in the National Guard or United States Armed Forces Reserve. 113
For purposes of determining premiums, an insurer shall consider 114
such persons as having maintained continuous coverage. The 115
provisions of this paragraph (m) shall apply only to such 116
instances when the insured does not drive the vehicle during the 117
period of cancellation or suspension of his policy; 118
(n) Violating the provisions of Section 75-24-8; 119
(o) Violating the provisions of Section 73-3-38; 120
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(p) Violating any of the provisions of Title 41, 121
Chapter 149, Mississippi Code of 1972; * * * 122
(q) Violating any of the provisions of Title 45, 123
Chapter 38, Mississippi Code of 1972 * * *; 124
(r) Violating any of the provisions of Title 41, 125
Chapter 151, Mississippi Code of 1972 * * *; and 126
(s) Violating the provisions of Section 2 of this act 127
relating to improper collection of fees in veterans assistance 128
matters. 129
SECTION 3. Section 75-24-15, Mississippi Code of 1972, is 130
amended as follows: 131
75-24-15. (1) In addition to all other statutory and common 132
law rights, remedies and defenses, any person who purchases or 133
leases goods or services primarily for personal, family or 134
household purposes and thereby suffers any ascertainable loss of 135
money or property, real or personal, as a result of the use or 136
employment by the seller, lessor, manufacturer or producer of a 137
method, act or practice prohibited by Section 75-24-5 may bring an 138
action at law in the court having jurisdiction in the county in 139
which the seller, lessor, manufacturer or producer resides, or has 140
his or her principal place of business or, where the act or 141
practice prohibited by Section 75-24-5 allegedly occurred, to 142
recover such loss of money or damages for the loss of such 143
property, or may assert, by way of setoff or counterclaim, the 144
fact of such loss in a proceeding against him or her for the 145
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recovery of the purchase price or rental, or any portion thereof, 146
of the goods or services. 147
(2) In any private action brought under this chapter, the 148
plaintiff must have first made a reasonable attempt to resolve any 149
claim through an informal dispute settlement program approved by 150
the Attorney General. 151
(3) In any action or counterclaim under this section of this 152
chapter, a prevailing defendant may recover in addition to any 153
other relief that may be provided in this section costs and a 154
reasonable attorney's fee, if in the opinion of the court, said 155
action or counterclaim was frivolous or filed for the purpose of 156
harassment or delay. 157
(4) Nothing in this chapter shall be construed to permit any 158
class action or suit, but every private action must be maintained 159
in the name of and for the sole use and benefit of the individual 160
person. 161
(5) In any claim under this section filed on behalf of a 162
veteran that charges the veteran a fee for the service shall 163
include a form signed by the veteran acknowledging that "THE STATE 164
OF MISSISSIPPI THROUGH THE MISSISSIPPI STATE VETERANS AFFAIRS 165
BOARD OFFERS THE SAME OR SIMILAR SERVICE FREE OF CHARGE." The 166
veteran must sign this form stating that he/she has read and 167
understands it. The statement signed by the veteran shall be of a 168
BOLD font at least one hundred twenty percent (120%) larger than 169
the font of the claim document filed on behalf of the veteran. 170
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Any such claim shall also comply with the provisions of Section 2 171
of this act relating to claims filed on behalf of veterans. 172
SECTION 4. Section 35-3-21, Mississippi Code of 1972, is 173
amended as follows: 174
35-3-21. In order to maintain offices and pay personnel for 175
the purpose of assisting all residents of the State of Mississippi 176
who served in the military or naval forces of the United States 177
during any war, their relatives, beneficiaries or dependents, to 178
receive from the United States any and all compensation, 179
hospitalization, insurance or other aid or benefits to which they 180
may be entitled under existing or hereafter enacted laws of the 181
United States, the boards of supervisors in the various counties 182
in the state are hereby authorized and empowered, in their 183
discretion, to expend out of the general county fund, or special 184
veterans' fund herein authorized to be set up, or from both of 185
such funds, such monies necessary to defray the office operating 186
expenses and salary of the county veteran service officers. 187
Two (2) or more counties may, upon resolution duly adopted by 188
the board of supervisors of each of such counties, agree to 189
establish one (1) veteran service office for all of such counties. 190
When two (2) or more counties enter into such an agreement, each 191
county shall pay such amount mutually agreed upon and duly adopted 192
by resolution of the respective boards of supervisors. 193
County veteran service officers shall be (a) honorably 194
discharged or honorably released veterans; (b) the surviving 195
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spouse or child of any such veteran, living or deceased; or (c) 196
any person employed as a county veteran service officer in any 197
county of this state on March 30, 1990. From and after July 1, 198
1990, county veteran service officers shall be certified by the 199
Mississippi State Veterans Affairs Board which, among any other 200
criteria it may establish, shall require such officers to (a) 201
attend one (1) of the annual training programs provided for such 202
officers by the Mississippi State Veterans Affairs Board, (b) 203
successfully complete a written examination each year on the 204
duties and responsibilities of and assistance available to such 205
officers and veterans, (c) have certification and be accredited 206
according to 38 CFR Section 14.629 administered by the Mississippi 207
State Veterans Affairs Board, and (d) follow the rules and 208
regulations promulgated by the Mississippi State Veterans Affairs 209
Board. County veteran service officers who annually receive and 210
complete such instruction in a manner satisfactory to the Veterans 211
Affairs Board and in accordance with this section shall be 212
certified by the board. No county veteran service officer shall 213
be entitled to receive any compensation for his services, to which 214
he is otherwise entitled by law, unless he is annually certified 215
by the board. Persons who cannot meet the accreditation standards 216
of hours worked for county veteran service officers may be 217
certified by the Mississippi State Veterans Affairs Board as 218
Veterans Resource Advisors and be entitled to receive any 219
compensation for his services as authorized by law. 220
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County veteran service officers may be employed, in the 221
discretion of the boards of supervisors, either full time or part 222
time. 223
County veteran service officers shall be authorized and 224
empowered to act for a veteran under a written power of attorney 225
authorized by the veteran for the purpose of assisting with 226
claims, benefits, and appeals in an administrative hearing before 227
the United States Department of Veterans Affairs and any of its 228
boards or departments, and shall be immune from legal action only 229
for such actions except in cases of abuse, fraud or breach of 230
fiduciary duty. County veteran service officers are exempt from 231
the provisions of Section 2 of this act relating to improper 232
collection of fees in veterans benefits matters. 233
The boards of supervisors of the various counties are 234
authorized and directed to provide necessary office space and 235
communications connectivity for county veteran service officers. 236
The boards of supervisors of the various counties are further 237
authorized and empowered to pay all necessary and actual expenses 238
of county veteran service officers who attend a school of 239
instruction within the State of Mississippi for such county 240
veteran service officers. 241
It shall also be the duty of the boards of supervisors to aid 242
the United States to defeat all unjust claims for aid or benefit 243
therefrom. 244
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ST: Veterans assistance; prohibit unethical
collection of fees in veterans benefits matters.
Such expenditures may be made by the several counties acting 245
alone, or in cooperation with other counties, and in cooperation 246
with any federal or state agency carrying out such purposes. 247
In the event that the general revenues of the county levied 248
under and within the limits of existing taxing statutes are not 249
sufficient to pay the expenses authorized herein, the board of 250
supervisors may, in its discretion, levy an additional tax not to 251
exceed one (1) mill on all taxable property in the county to 252
defray such expenses or any part thereof. Any tax levy made under 253
authority of this chapter shall not be considered in refunding 254
homestead exemption losses under Title 27, Chapter 33, Mississippi 255
Code of 1972. 256
SECTION 5. This act shall take effect and be in force from 257
and after July 1, 2026. 258