CCL's Robert S. Peck told a federal court in Florida that a state law passed earlier in the year that restricted marketing efforts by roofing contractors violated commercial free speech and due process rights. Representing the contractors, Peck argued that the legislature's attempt to suppress marketing to lower the number of claims made by homeowners against their insurance policies improperly suppressed speech.

     The law prohibited mentioning the availability of insurance in advertising and limited a number of other marketing efforts to help insurers avoid having to pay repair or replacement costs for roofing. The State estimated that a small percentage of claims made were fraudulent, but placed the onus for those claims on marketing efforts, including offers of discounts and gift cards for homeowners who hired the contractor. Florida experiences a significant amount of extreme weather from hurricanes that is primarily responsible for home damage.

     The court heard the contractors' motion for a preliminary injunction against the measure and its enforcement. A ruling is expected shortly.