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Home Business News and Economic Updates in Sebastian, Florida

Roofing solicitation ban may breach constitution

Andy Hodges by Andy Hodges
Mar 17, 2022 / 1:59 PM
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As more homeowners see their insurance rates continue to go up, many people are surprised by the number of roofing scams that have been happening in Sebastian and Vero Beach.

Usually, insurance companies cover the cost of roof repairs, especially after storms. But some dishonest roofing companies are tricking people and insurance companies, which leads to higher insurance costs for homeowners.

Here’s how the scam works: a roofer knocks on your door, promising a new roof that your insurance will pay for. They then charge the insurance company by filing a claim, even if you didn’t actually need a new roof.

To fight this problem, Florida’s Governor, Ron DeSantis, signed a new law. This law stops contractors from encouraging homeowners to make roofing claims. It also shortens the time in which homeowners can make these claims.

Sometimes, this situation is called “assignment of benefits roofing.” In this case, homeowners give their rights to the roofing company. The company then charges the insurance company for as much as they can.

Because of the increase in these roofing scams, many insurance companies have changed their policies. This is to stop roofers from tricking homeowners and insurance companies.

According to this new Florida law, roofers can’t go door-to-door anymore. This was a key part of how the scammers worked.

But, a federal judge stopped part of this law. The judge said that it goes against the rights to commercial speech and the First Amendment. Specifically, the part that bans communication that encourages people to contact a contractor or public adjuster for making an insurance claim for roof damage goes against the First Amendment rights of contractors.

The judge agreed that fraud is a big problem, but also said that the Florida Legislature needs to handle it in a way that doesn’t break the Constitution.

If you come across a company doing this, you can file a complaint in Indian River County or Brevard County about the roofer.

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