33-23-43.7. Advertisements; deceptive or misleading ads; required disclaimer.

Each advertisement by an adjuster soliciting or advertising business shall display the adjuster’s name and license number as they appear in the records of the Commissioner.#

No advertisement soliciting or advertising business may be used by an adjuster unless such solicitation or advertisement has been approved by the Commissioner.#

The following statements, made in any public adjuster’s advertisement or solicitation, are considered deceptive or misleading:#

1. (1)

   A statement or representation that invites an insured to submit a claim when such insured does not have covered damage to such insured’s property;#

2. (2)

   A statement or representation that invites an insured to submit a claim by offering monetary or other valuable inducement;#

3. (3)

   A statement or representation that invites an insured to submit a claim by stating that there is “no risk” to the insured by submitting such claim; and#

4. (4)

   A statement or representation, or use of a logo or shield, that implies or could mistakenly be construed to imply that the solicitation was issued or distributed by a governmental agency or is sanctioned or endorsed by a governmental agency.#

For purposes of this subsection, the term “written advertisement” includes only newspapers, magazines, flyers, and bulk mailers. The following disclaimer, which is not required to be printed on standard size business cards, shall be added in bold print and capital letters in typeface no smaller than the typeface of the body of the text to all written advertisements of a public adjuster:#

1. “THIS IS A SOLICITATION FOR BUSINESS. IF YOU HAVE HAD A CLAIM FOR AN INSURED PROPERTY LOSS OR DAMAGE AND YOU ARE SATISFIED WITH THE PAYMENT BY YOUR INSURER, YOU MAY DISREGARD THIS ADVERTISEMENT”.