CONSUMER PROTECTIONS AGAINST STORM CHASERS.

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View NCGA Bill Details2023-2024 Session
Senate Bill 622 (Public) Filed Wednesday, April 5, 2023
AN ACT TO PROVIDE CONSUMER PROTECTIONS AGAINST ROOFING REPAIR CONTRACTORS.
Intro. by Sawyer, Lee, Lazzara.

Status: Re-ref to Judiciary. If fav, re-ref to Commerce and Insurance. If fav, re-ref to Rules and Operations of the Senate (Senate action) (Apr 19 2023)
S 622

Bill Summaries:

  • Summary date: Apr 6 2023 - View Summary

    Enacts new Article 9 to GS Chapter 75, pertaining to Roofing Repair Contractors.  Defines consumer, emergency services, roofing repair, and roofing repair contractor. Excludes licensed general contractors, a person engaged in in the demolition of a structure or the cleanup of construction waste and debris that contains roofing material, and a person working under the direct supervision of a roofing repair contractor who is hired either as an employee, day laborer, or contract laborer from Article 9. Enacts GS 75-152 barring roofing repair contractors from engaging in the following and specifies that violations are Class 1 misdemeanors:

    • Advertise or otherwise promise or offer to pay, or pay, all or any portion of any insurance deductible as an inducement to the sale of goods or services or in exchange for permitting the roofing contractor to display a sign or any other type of advertisement at the consumer's premises.
    • In circumstances in which payment may be made from the proceeds of a property and casualty insurance policy, a roofing repair contractor cannot require any payments from an insured until the five-day cancellation period has expired. If, however, the residential roofing contractor has performed emergency services, acknowledged by the insured in writing to be necessary to prevent further damage to the premises, the residential roofing contractor will be entitled to collect the amount due for the emergency services at the time they are rendered.
    • A residential roofing contractor cannot represent or negotiate, or offer or advertise to represent or negotiate, on behalf of an owner or possessor of residential real estate on any insurance claim in connection with the repair or replacement of roof systems. Specifies that this provision does not apply to a public adjuster licensed under GS Chapter 58.

    Requires written contracts for roofing repairs to contain the following statement in 10-point, bold font type: "You may cancel this contract at any time before midnight on the fifth business day after you have received written notification from your insurer that all or any part of the claim or contract is not a covered loss under the insurance policy. This right to cancel is in addition to any other rights of cancellation which may be found in state or federal law or regulation."  

    Specifies that a violation of Article 9 is an unfair and deceptive trade practice.

    Effective 90 days after the act becomes law and applies to contracts for roofing repair entered into on or after that date.