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

Yes, roofers can text storm leads in most situations, but Florida, Texas, and Louisiana restrict any message that solicits insurance-claim business. These laws target roofing and restoration contractors (and public adjusters) who encourage homeowners to file a claim or who offer to "handle your claim." They are not a blanket ban on all outreach, and they do not apply to solar.

Here is the short version of where it is restricted:

• Florida (Fla. Stat. 489.147): Year-round ban on contractor advertisements, including texts, that encourage a homeowner to file a roof-damage insurance claim. Penalties up to $10,000 per violation; it is a third-degree felony.
• Texas (Tex. Ins. Code 4102.163): Year-round ban on contractors advertising to adjust or handle insurance claims on property where they also do the contracting work.
• Texas public adjusters (4102.151) and Louisiana (La. Rev. Stat. 45:844.11): Emergency-gated, restrictions apply during the progress of a loss-producing disaster or a declared state of emergency.

Everywhere in the U.S., automated marketing texts and ringless voicemail also require prior express written consent (PEWC) under 47 CFR 64.1200(f)(9), on top of these state solicitation rules. The practical fix is simple: keep insurance-claim language out of automated outreach in these states and lead with the work, not the claim.

What Exactly Is Being Restricted?

It helps to separate two very different things that get lumped together as "storm laws":

1. Insurance-claim solicitation bans (these restrict what you can say)

The core target is roofing/restoration contractors and public adjusters who solicit insurance-claim business. The classic prohibited pitch is "we'll handle your claim," "this is covered by insurance," or "let us help you file a claim." Florida and Texas make this illegal year-round for contractors; for public adjusters in Texas and for telemarketing in Louisiana, the restriction is tied to an active disaster or declared emergency.

2. Cancellation / rescission rights (these do NOT restrict outreach)

A cancellation right gives the homeowner a window to back out of a signed contract. It does not stop you from texting at all. Colorado requires a 72-hour rescission clause in roofing contracts, Minnesota gives a 3-business-day cancellation right on contractor-initiated home-solicitation sales, and Florida adds a 10-day cancellation right for roof contracts signed during a declared emergency. Knowing the difference keeps you from over-restricting your own outreach.

State-by-State: Where Texting Storm Leads Is Restricted

The table below summarizes the four state regimes that matter most for storm-chasing roofers, plus the two states people often confuse with solicitation bans.

Not yet law: Oklahoma has a proposed post-storm cancellation rule (HB 3790), but it is not yet enacted. Do not change your Oklahoma outreach based on a bill that has not become law.

Florida: The Strictest Year-Round Rule

Florida is the state most likely to bite a roofer who texts the wrong thing. Fla. Stat. 489.147 makes it a prohibited act for a contractor to make or use any advertisement, including a text, that encourages a homeowner to file a roof-damage insurance claim. Two facts every Florida rep should memorize:

• It applies year-round, not just after a named storm or during a declared emergency.
• Penalties run 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. That is a cancellation right, not an outreach ban, but it is worth disclosing up front to build trust.

Texas: Year-Round for Contractors, Emergency-Gated for Adjusters

Texas splits the rule by who you are. Under Tex. Ins. Code 4102.163, a contractor may not advertise to adjust or handle an insurance claim on property where the contractor will also provide contracting services, and this applies year-round. The logic is to stop contractors from doubling as unlicensed adjusters.

Separately, Tex. Ins. Code 4102.151 bars licensed public adjusters from soliciting business during the progress of a loss-producing natural disaster, an emergency-gated restriction. If you operate as both, you have to satisfy both rules.

Louisiana: Emergency-Gated Telemarketing Limits

Louisiana's La. Rev. Stat. 45:844.11 imposes additional restrictions on telemarketing for storm-damage repair, insurance, or construction services during a declared state of emergency, which is exactly when storm-lead volume spikes. The practical takeaway: when the governor declares an emergency, your automated outreach for storm repair in the affected area is on tighter footing than usual. Plan for it before the storm, not after.

The Federal Baseline Still Applies Everywhere

State solicitation rules sit on top of federal law, they do not replace it. Three federal requirements apply to your storm texting in every state:

• 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, not PEWC. The EBR window is 18 months from purchase and 3 months from inquiry, but it does not authorize automated marketing without written consent.
• Quiet hours of 8 AM to 9 PM local time federally. Florida and Louisiana are stricter at 8 AM to 8 PM, so use the tighter window for those recipients.

8 AM – 8 PM

That is the safe send window for Florida and Louisiana recipients. Send a storm follow-up at 8:30 PM in Miami and you have a federal-and-state quiet-hours problem before anyone even reads the message.

How to Text Storm Leads Without Crossing the Line

You do not have to stop following up. You have to change what you say. Here is the practical playbook.

Keep insurance-claim language out of automated outreach

In FL, TX, and LA, treat these phrases as radioactive in any automated text or voicemail:

• "We'll handle your claim"
• "This is covered by insurance"
• "Let us help you file a claim"
• "Your insurance will pay for this"

Instead, lead with the work itself: a free roof inspection, a repair estimate, a storm-damage assessment. You can still serve the customer through their claim later, in person, once a relationship exists, you just do not solicit it in automated marketing.

Compliant vs. non-compliant message examples

Non-compliant (Florida, year-round):

Compliant version:

Get consent and respect the tighter quiet hours

1. Capture PEWC at the door or via web form before any automated text.
2. Honor STOP instantly and keep a DNC list.
3. Send 8 AM – 8 PM for FL and LA recipients (8 AM – 9 PM elsewhere).
4. Identify yourself and your company in the first message.

Quick Compliance Checklist for Storm Roofers

1. ☑️ No insurance-claim solicitation language in automated outreach to FL, TX, or LA leads?
2. ☑️ PEWC on file for every automated recipient (47 CFR 64.1200(f)(9))?
3. ☑️ Quiet hours set to 8 AM – 8 PM for FL/LA, 8 AM – 9 PM elsewhere?
4. ☑️ STOP / opt-out processed instantly and DNC list maintained?
5. ☑️ Emergency-status awareness for TX public-adjuster and LA telemarketing rules during declared disasters?
6. ☑️ 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.

The Bottom Line

Storm-solicitation laws in FL, TX, and LA are narrow but sharp. They do not stop roofers from texting storm leads, and they do not touch solar. They stop one specific thing: soliciting insurance-claim business through advertising, with Florida and Texas applying it to contractors year-round and Texas adjusters and Louisiana gating it to active disasters. Lead with the work, capture consent, respect the tighter quiet hours, and keep "file a claim" out of your automated messages.