NEW Bill Targets D2D Roofing Sales - Strictest Law In History!

This new bill targets door to door roofing sales in a way I have never seen before. I'm going to break down 12 very shocking implications for this bill that are going to change the game if it gets passed. And although this bill is only in one state right now, what we are seeing is that this legislation can become case law. We saw massive regulatory changes and legal changes in Florida, which crept into Louisiana, which later crept into Minnesota. And now we are seeing this happen in Arkansas. I'm going to be breaking down House Bill 1308 at the time of this recording. It is March 17th at 12:04 Mountain Time. I have on my computer in front of me the Arkansas legislation state website open for HB 1308. This bill, it says House amendment number two was read and adopted and the bill order engrossed. Now I am not an attorney, I am not your attorney. This is not law yet. It can be, it will be voted on. But what we have seen is since January 29th of this year is when the bill was filed, they've done some readings, they've done some amendments and as of this morning at 8:41am in Arkansas this is when the bill was read and adopted. In the bill order engrossed was which my understanding is that this is going to the next steps to become law. So the bill is finalized and now it's are they going to vote to make this thing law? So I'm going to be breaking down these 12 very shocking implications, some of which I think you'll find are actually great and others are just there's something. So you'll be the judge. I'm here to share the news with you. Listen, I'm not an attorney. I'm not your attorney. This is not law. At the moment we still have a chance to to put some input on this. If you go to the HB 1308 website, you'll see the lead sponsor and the other primary sponsor. You can read their bios, their contact information is in the bill. But for now let's get started. Welcome or welcome back. Adam Bensman here and I am on a mission to provide the information you need about your company and your business first. All right, let's rock and roll. Roofing sales is personal development in disguise and the reward for growth is life changing. I hope my content helps you create a richer life and bank account. Okay. HB 1308 stands for House Bill 1308 and this is in Arkansas at the moment. Now everything I'm about to read applies to employees of the company or subcontractors I'm going to go through the list. I have analyzed this bill in great detail. I have read it multiple times and I gathered what I believe to be the top 12 most important impacts from this bill targeting door to door sales, specifically roofing. Now this bill does include tree contractors. What I'm sharing with you is the parts that I find relevant. This is not all of the bill, but it's the important pieces. All right, first and foremost, okay, number one, door to door solicitation is illegal for roofing contractors working insurance claims unless you have verifiable data on your persons, meaning in your possession that there was a wind event of 40 plus mile an hour winds or a hail event of 1 inch or larger within the last 12 months. Yes, verifiable data on your persons. Number two, soliciting is now legal only during the hours of 9am to 7pm Number three, by the way, when I say now, I mean as outlined in this bill. Okay, number three, there is now a three day right to cancel on a contract. Number four, contracts must include. This is a big change, shingle type starter underlayment, ridge cap and ice and water shield. Now I actually think this is a good part of the bill. I find this to be a very skeezy thing that many roofing companies do with their low ball estimates. But, but my opinion doesn't really matter here. What we're looking at is the objective law. Number five, contracts will require a statement that states that rotted decking may not be covered by insurance. Number six, this one's going to be a big one to adopt fixed price agreements that are not contingent on external factors like insurance. Again, before I mentioned that state law is becoming case law. This started in Florida and then Minnesota quickly adopted a very similar law. We are now seeing this in this bill in Arkansas. So a fixed price agreement which is not contingent on external factors like insurance. What I am curious about, and I'm not an attorney is this means the the idea of a contingency agreement in Arkansas. It could be threatened. What do you think? Go read the Bell bill. By the way, you can see on this part of the bill that it doesn't specifically say contingent but it does say in there that it has to be a fixed price agreement without any contingents on other factors beyond the homeowner's control. Okay, number seven, this is interesting. We're going back to door to door sales. This states that if you are out knocking doors you need to be wearing visible identification. That includes a photo of the person knocking Doors, number two, their first and last name. Number three, the company name that they represent, and then number four, the license or registration number of that company. Okay. All right. So in other words, if you, if this bill does come into law, you will need a visible id, photo, name, company name, license, as well as on your person, verifiable data saying that the area you are knocking doors has had a wind event or hail event within the last 12 months. You can only be knocking between nine and seven. All right, now, number eight, this is where I think things are actually getting good, in my opinion. But again, my opinion doesn't really matter. It's objective on what we're looking at in this law. But you can be the judge. And number eight is you cannot offer or encourage an insured to represent to their insurance company that they paid their deductible when they didn't. In other words, it is now law for the homeowner to pay their deductible. And it is illegal, expressively illegal, to coach or encourage a homeowner to represent to their insurance company that they've paid their. Their deductible when they, in fact, haven't. Which brings me to number nine. An insurance deductible cannot be covered by a rebate, credit coupon, or similar financial incentive. Again, we saw this happen in Florida, but there's one little nuance in this bill that Florida doesn't have, because in Florida, you cannot pay referral rewards. But according to this bill, in the way I interpret it, again, I'm not an attorney. I'm not your attorney, is that referrals can be. Can be paid, but those funds cannot be used towards the deductible. So it sounds as if, because this is a bill, and I'm not an attorney, it sounds as if you can still offer a referral incentive, but you can't advertise it as a part of the deductible. In other words, can be like, give me five referrals and I'll pay your deductible. The homeowner will have to write the check or use financing to pay for the roof with a fixed price agreement, not contingent on the insurance, pay for it in full. And if you offer referral rewards, they can be paid back to the homeowner. Okay, that's my understanding. All right, so again, number 10, it requires that the homeowner pay their deductible. I kind of absorb that in number nine. And then number 11, that a residential contractor can represent a homeowner under certain conditions. So what I mean by this, there is current laws in place called the UPPA laws, or the unlicensed practice of public adjusting. So you can't go to a homeowner as a contractor, say, I can advise you on your policy, on your coverage, and negotiate with the insurance company. No public adjuster can do that, but a contractor can communicate with the insurance company based on the repair, what needs to get repaired. And again, I'm talking about case law. Like, I don't care where you live, this matters to you. But because this started in Florida, they started very heavily regulating what contractors can and cannot say to homeowners and how much they can or cannot be involved in the claims process. So it says here the contractor can support the homeowner when these conditions are in place. Number one, you can advise on the data loss. Number two, if the insurance company sends an unlicensed adjuster, they can get involved. And number three, if the insurance company denies documented damage or. Or number five, this other. Excuse me, these aren't. Numbers are just from my notes. Fails to include items in the scope of law. So let's say by law, there should be ice of water shield or something. It's not on the scope. You can negotiate. You can speak with the insurance company on that behalf. So that's number 11. Now, number 12 is the penalties. So first. First violation is a warning. And as it states right now in the bill, the second violation is up to $5,000 per offense. And again, we're seeing a theme of what passed in Florida, which was a felony offense and then a $10,000 fine in their original bill. So what does this mean to you? It means that you need to get involved and keep a very clear pulse, because a lot of people didn't even know that this bill was in the works. They've been watching this for a while. As of this morning, within what, two and a half hours or so. This video is being recorded and shared with you so you can hear it first. Drop your comments and share with me. Is this bill good? Is it bad? What do you like? What don't you like? It's important that you stay ahead of what's changing. Just like the FLSA laws, the Fair Labor Standards act, which I break down in this video for you to get into right now. We'll see you soon.