Oklahoma § 44-239 - Advising on veterans' benefits matters – Restrictions Penalties

§ 44-239. Advising on veterans' benefits matters – Restrictions Penalties

A. For purposes of this section:

1. "Compensation" means 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 himself or herself or

another;

2. "Veterans' benefits matter" means 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, status, or entitlement for which

veterans, their dependents, their survivors, or any other individual

are eligible under the laws and regulations administered by the

United States Department of Veterans Affairs or the Oklahoma

Department of Veterans Affairs; and

3. Except as provided in paragraph 5 of subsection B of this

act, "person" means any natural person, corporation, trust,

partnership, incorporated or unincorporated association, or any

other legal entity.

B. 1. No person may receive compensation for referring any

individual to another person to advise or assist the individual with

any veterans' benefits matter.

2. Any payment of fees by veterans for representation through

agents shall be done in accordance with, and not contrary to,

Section 14.636 of Title 38 of the Code of Federal Regulations.

3. No person may receive any compensation for any services

rendered in connection with any claim filed within the one-year

presumptive period of active-duty release, unless the veteran

acknowledges by signing a waiver that they are within this period

and choosing to deny free services available to them.

4. A person seeking to receive compensation for advising,

assisting, or consulting with any individual in connection with any

veterans' benefits matter must, before rendering any services,

memorialize the specific terms under which the amount to be paid

Oklahoma Statutes - Title 44. Militia

will be determined in a written agreement signed by both parties.

Compensation must be purely contingent upon an increase in benefits

awarded, and if successful, compensation must not exceed five times

the amount of the monthly increase in benefits awarded based on the

claim. No initial or nonrefundable fee may be charged by a person

advising, assisting, or consulting an individual on a veterans'

benefits matter.

5. No person will guarantee, either directly or by implication,

a successful outcome or 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. Any person advising, assisting, or consulting on veterans'

benefits matters for compensation shall provide the following

disclosure at the outset of the business relationship:

"This business is not sponsored by, or affiliated with, the

United States Department of Veterans Affairs or the

Oklahoma Department of Veterans Affairs, or any other

federally chartered veterans' service organization. Other

organizations including, but not limited to, the Oklahoma

Department of Veterans Affairs, a local veterans' service

organization, 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 in

an easily identifiable place in the person's agreement with the

individual seeking services. The individual 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 (1)

year after the date on which the service relations terminate.

7. Businesses advising, assisting, or consulting on veterans'

benefits matters for a fee shall abide by the following:

a.

shall not utilize international call centers or data

centers for processing veterans' personal information,

b.

shall not use a veteran's personal log-in, username,

or password information to access that veteran's

medical, financial, or government benefits

information, and

c.

shall ensure that any individual who has access to

veterans' medical or financial information undergoes a

background check prior to having access to that

Oklahoma Statutes - Title 44. Militia

information. The background check shall be conducted

by a reputable source and include identity

verification and a criminal records check.

C. 1. A violation of the provisions of this section

constitutes an unfair, false, misleading, or deceptive act or

practice in the conduct of trade or commerce under the Oklahoma

Consumer Protection Act.

2. Civil penalties shall be in an amount ordered by the

district court in an action brought by the Oklahoma Attorney

General.

3. Each day a violation continues is a separate violation.

4. Nothing in this section is to be construed as applying to,

limiting, or expanding the requirements imposed on agents,

attorneys, or other representatives accredited by the United States

Department of Veterans Affairs and regulated by that agency.

Added by Laws 2025, c. 228, § 2, eff. Nov. 1, 2025.