New Jersey § 56:8-228

§ 56:8-228.

a. (1) No person shall receive compensation for advising or assisting any individual

with regard to any veterans benefits matter, except as permitted under federal law. (2) No person shall receive compensation for referring any individual to another person

to advise or assist this individual with any veterans benefits matter. (3) A person seeking to receive compensation for advising or assisting any individual

with any veterans benefits matter shall, before rendering any services, memorialize

all terms regarding the individual's payment of fees for services rendered in a written

agreement, signed by both parties, that adheres to all criteria specified within 38 C.F.R. s.14.636 . (4) No person shall receive any compensation for any services rendered before the

date on which a notice of disagreement is filed with respect to the individual's case. (5) No person shall guarantee, either directly or by implication, that any individual

is certain to receive specific veterans benefits or that any individual is certain

to receive a specific level, percentage, or amount of veterans benefits. (6) No person shall receive excessive or unreasonable fees as compensation for advising

or assisting any individual with any veterans benefits matter. The factors articulated within 38 C.F.R. s.14.636 shall govern determinations of whether a fee is excessive or unreasonable. b. (1) No person shall advise or assist for compensation any individual concerning

any veterans benefits matter without clearly providing, at the outset of the business

relationship, the following disclosure, both orally and in writing: “This business is not sponsored by, or affiliated with, the United States Department

of Veterans Affairs or the New Jersey Department of Military and Veterans Affairs,

or any other federally chartered veterans service organization. Other organizations, including but not limited to the New Jersey Department of Military

and Veterans Affairs, your local county veterans service agency, and other 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.” The written disclosure shall appear in at least 12-point font and shall appear in

a readily noticeable and identifiable place in the person's agreement with the individual

seeking services. The individual shall verbally acknowledge understanding of the oral disclosure and

shall sign the document in which the written disclosure appears to represent understanding

of these provisions. The person offering services shall retain a copy of the written disclosure while

providing veterans benefits services for compensation to the individual and for at

least one year after the date on which the service relationship terminates. (2) No person shall advertise for-compensation services in veterans benefits matters

without including the following disclosure: “This business is not sponsored by, or affiliated with, the United States Department

of Veterans Affairs or the New Jersey Department of Military and Veterans Affairs,

or any other federally chartered veterans service organization. Other organizations, including but not limited to the New Jersey Department of Military

and Veterans Affairs, your local county veterans service agency, and other federally

chartered veterans service organizations, may be able to provide you with these services

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 services that this business

offers.” If the advertisement is printed, including but not limited to advertisements visible

to Internet users, the disclosure shall appear in a readily visible place on the advertisement.

If the advertisement is verbal, the spoken statement of the disclosure shall be clear

and intelligible. c. A violation of the provisions of this act shall be an unlawful practice and a violation

of P.L.1960, c. 39 ( C.56:8-1 et seq. ). d. As used in this section: “ Veterans benefits matter ” means the preparation, presentation, or prosecution of 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, entitlement to which is determined under the laws

and regulations administered by the United States Department of Veterans Affairs or

the New Jersey Department of Military and Veterans Affairs pertaining to veterans,

their dependents, their survivors, and any other individual eligible for such benefits. “ Compensation ” means payment of any money, thing of value, or financial benefit. “ Person ” means an individual, corporation, business trust, estate, trust, partnership, limited

liability company, association, joint venture, public corporation, government or governmental

subdivision, agency, or instrumentality, or any other legal or commercial entity.