Monday, November 16, 2015

On Veteran's Day, agencies work to protect servicemembers, veterans

By Stephanie K. Mann, J.D.

As the nation celebrated Veteran’s Day on November 11, multiple government agencies have taken step to protect military servicemembers and veterans.

Increased protection from financial scams. The Department of Justice has announced that it has submitted a legislative package to Congress including amendments to existing laws that are intended to protect military servicemembers and veterans. The proposed amendment package, The Servicemembers and Veterans Initiative is intended to “drive enforcement, outreach and training efforts on behalf of servicemembers, veterans and their families,” according to a blog post by Acting Associate Attorney General Stuart F. Delery. Delery stated that “It is our responsibility to protect these individuals from financial scams, to preserve their right to return to their civilian employment after active duty and to strengthen their ability to cast a ballot when they are overseas.”

Amendments to current laws. The legislative package includes amendments to the following existing laws:
  • the Uniformed Services Employment and Reemployment Rights Act (USERRA);
  • the Servicemembers Civil Relief Act (SCRA);
  • the Military Lending Act (MLA); and
  • the Uniformed and Overseas Citizens Absentee Voting Act (UOCAVA).
The changes are intended to make it more difficult for “unscrupulous creditors to take advantage of servicemembers on active duty,” according to Delery. The proposed amendments seek to protect military families by affording dependent family members the same state residency rights as the servicemember, as well as requiring states to recognize a servicemember spouse’s professional licensures from other states.

The amendments would include the following changes.
  1. The proposed amendments require parties seeking default judgments against servicemembers to check Department of Defense records to determine duty status.
  2. The amendments also increase penalties that employers, as well as lending and rental businesses, will face for violating laws designed to protect servicemembers. 
  3. The legislative proposals expand the number and types of cases the United States can bring in defense of servicemembers attempting to return to their civilian employment upon completion of their military service, and the available remedies for violations of the voting rights of servicemembers and their families while they are overseas.
Delery stated that the Justice Department “hopes these changes will enhance the department’s ability to bring enforcement actions, and allow these men and women to assert their rights on their own.”

Memorandum of Agreement. The Federal Trade Commission and the Veterans Administration have signed a Memorandum of Agreement to further their ongoing efforts to stop fraudulent and deceptive practices targeted at service members, veterans, and dependents who use military education benefits. Under the Memorandum of Agreement, the Deputy Undersecretary for Economic Opportunity, Veterans Benefits Administration, Department of Veterans Affairs, and the Director, Bureau of Consumer Protection, Federal Trade Commission, agree to provide mutual assistance in the oversight and enforcement of laws pertaining to the advertising, sales, and enrollment practices of institutions of higher learning and other establishments that offer training for military education benefits recipients.

The agreement is designed to enhance cooperation between the FTC and the VA in investigating and taking action against institutions that target service members with unfair or deceptive advertising or enrollment practices. It outlines terms under which the VA can refer potential violations to the FTC.

The FTC advises service members to watch out for any for-profit schools that may stretch the truth to encourage enrollment by exerting pressure on service members either to sign up for unnecessary courses or to take out loans that might be a challenge to pay off. The FTC encourages students interested in pursuing a higher education to check out its updated guidance, Choosing a College: Questions to Ask.

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