Yes — roofers can text storm leads in most situations. What Florida, Texas, and Louisiana restrict is any message that solicits insurance-claim business, and Florida fines up to $10,000 per violation for it.
The solicitation bans target contractors and public adjusters who solicit insurance-claim business — “we'll handle your claim,” “this is covered by insurance,” “let us help you file.” Florida and Texas apply this to contractors year-round; Texas public adjusters and Louisiana telemarketing are restricted only during an active disaster or declared emergency.
A cancellation right never restricts texting. It gives the homeowner a window to back out of a signed contract: 72 hours in Colorado, 3 business days in Minnesota, and 10 days in Florida for contracts signed during a declared emergency. Knowing the difference keeps you from over-restricting your own outreach.
| State | Statute | What it restricts | Timing |
|---|---|---|---|
| Florida | 489.147 | Contractor ads (incl. texts) encouraging roof-damage insurance claims. Up to $10,000/violation; third-degree felony | Year-round |
| Texas — contractor | 4102.163 | Contractors advertising to adjust/handle claims on property they also service | Year-round |
| Texas — public adjuster | 4102.151 | Soliciting during the progress of the loss-producing disaster | Emergency-gated |
| Louisiana | 45:844.11 | Telemarketing for storm-damage repair, insurance, or construction services | During declared emergency |
| Colorado | — | 72-hour rescission clause in roofing contracts (cancel right, not a ban) | At signing |
| Minnesota | — | 3-business-day cancellation on home-solicitation sales (cancel right, not a ban) | At signing |
Not yet law: Oklahoma has a proposed post-storm cancellation rule (HB 3790), but it is not enacted. Do not change your Oklahoma outreach based on a bill.
Under Florida Statute 489.147 it is a prohibited act — year-round, not just after a named storm — for a contractor to make or use any advertisement, including a text, that encourages a homeowner to file a roof-damage insurance claim. Penalties run up to $10,000 per violation, and the conduct is a third-degree felony. Florida also adds the 10-day cancellation right on contracts signed during a declared emergency — a disclosure worth making up front to build trust.
You can text a homeowner to offer a roof inspection or repair. You cannot text them to suggest they file an insurance claim, or imply the work will be “covered by insurance.” Same roof, two very different legal outcomes.
Texas splits the rule by who you are. Under Texas Insurance Code 4102.163, a contractor may not advertise to adjust or handle an insurance claim on property where the contractor also provides the contracting services — year-round, to stop contractors doubling as unlicensed adjusters. Separately, 4102.151 bars licensed public adjusters from soliciting during the progress of a loss-producing natural disaster. Operate as both and you satisfy both rules.
Louisiana Revised Statute 45:844.11 adds restrictions on telemarketing for storm-damage repair, insurance, or construction services during a declared state of emergency — exactly when storm-lead volume spikes. When the governor declares, your automated outreach in the affected area is on tighter footing than usual. Plan for it before the storm, not after.
You do not have to stop following up — you have to change what you say. In FL, TX, and LA, treat “we'll handle your claim,” “this is covered by insurance,” “let us help you file,” and “your insurance will pay for this” as radioactive in any automated text or voicemail. Lead with the work itself; you can still serve the customer through their claim later, in person, once a relationship exists.
If you cannot check every box for a given state, fix it before you send. FollowUp bakes this into every send for contractor accounts: state-aware blocking of insurance-claim language in FL (year-round), TX contractors (year-round), and TX adjusters / LA during active emergencies, plus PEWC tracking, FL/LA quiet-hour enforcement, and instant opt-out handling. For the registration side of storm texting, see the A2P 10DLC guide for roofing companies and the state SMS rules hub.
Yes, roofers can text storm leads in most cases, but Florida, Texas, and Louisiana restrict messages that solicit insurance-claim business. The restrictions target contractors and public adjusters who encourage homeowners to file or who offer to handle claims; they are not a blanket ban on outreach. Florida bans claim-encouraging contractor ads year-round with penalties up to $10,000 per violation; Texas bans contractor advertising to adjust or handle claims year-round; Louisiana and Texas public adjusters are emergency-gated. Automated marketing texts also require prior express written consent everywhere.
Yes. Under Florida Statute 489.147, it is a prohibited act, year-round, for a contractor to make or use any advertisement, including a text message, that encourages a consumer to contact a contractor or public adjuster to file a roof-damage insurance claim. Penalties reach up to $10,000 per violation and the conduct is a third-degree felony. Florida also gives homeowners a 10-day right to cancel a roof repair contract signed during a declared state of emergency.
Texas Insurance Code 4102.163 prohibits a contractor from advertising to adjust or handle an insurance claim on a property where the contractor will also provide contracting services, year-round. Separately, 4102.151 bars licensed public adjusters from soliciting business during the progress of a loss-producing natural disaster — an emergency-gated restriction.
A solicitation ban restricts what you can say in outreach, for example offering to handle an insurance claim. A cancellation right does not restrict outreach at all; it gives the homeowner a window to back out of a signed contract — 72 hours in Colorado, 3 business days in Minnesota, and 10 days in Florida for contracts signed during a declared emergency.
Automated marketing texts and ringless voicemail require prior express written consent (PEWC) under 47 CFR 64.1200(f)(9) everywhere in the U.S. An established business relationship clears the federal Do Not Call registry only, not PEWC. Federal quiet hours run 8 AM to 9 PM local time; Florida and Louisiana are stricter at 8 AM to 8 PM. On top of consent, FL, TX, and LA restrict insurance-claim solicitation language regardless of consent.
This is a general summary, not legal advice. Statutes change, declared emergencies come and go, and enforcement varies by county — confirm current requirements with a licensed attorney before launching any campaign.