Roofing Storm‑Solicitation Laws: Texting Storm Leads in FL, TX & LA (2026)

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.

Two “storm laws”: only one limits your texting

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.

The six‑state table: who restricts storm texting, and when

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.

Florida: up to $10,000 per violation, year‑round

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.

Texas: year‑round for contractors, emergency‑gated for adjusters

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: tighter rules the moment an emergency is declared

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.

The federal floor: written consent and quiet hours, everywhere

• Prior express written consent (PEWC) under 47 CFR 64.1200(f)(9) for any automated marketing text or ringless voicemail.
• An established business relationship clears the DNC registry only (18 months from purchase, 3 months from inquiry), never PEWC.
• Quiet hours: 8 AM to 9 PM local time federally; Florida and Louisiana tighten it to 8 AM to 8 PM. A storm follow-up at 8:30 PM in Miami is a federal-and-state problem before anyone reads it.

How to text storm leads without crossing the line

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.

Five boxes to check before any storm campaign

1. PEWC on file for every automated recipient, captured at the door (“I’ll text you the estimate at this number. That ok?”, logged) or via web form.
2. Quiet hours set to 8 AM–8 PM for FL/LA recipients, 8 AM–9 PM elsewhere.
3. STOP honored instantly and a DNC list maintained.
4. Emergency-status awareness for the TX public-adjuster and LA rules during declared disasters.
5. Cancellation disclosures ready for CO (72-hr), MN (3-day), and FL emergency contracts (10-day).

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.

Frequently asked questions

Can roofers text storm leads, and where is it restricted?

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.

Is it illegal to text someone to file an insurance claim for roof damage in Florida?

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.

What does Texas law say about contractors texting about insurance claims?

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.

What is the difference between a solicitation ban and a cancellation right?

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.

What consent do roofers need to send automated marketing texts to storm leads?

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, so confirm current requirements with a licensed attorney before launching any campaign.