- A. No person shall knowingly make, publish, disseminate, circulate, or place before the public, or cause or knowingly allow, directly or indirectly, to be made, published, disseminated, circulated, or placed before the public in a newspaper, magazine, or other publication, or in the form of a notice, circular, pamphlet, letter, or poster, or over any radio or television station, or in any other way, an advertisement, announcement, or statement containing any assertion, representation, or statement relating to (i) the business of public adjusting or (ii) any person in the conduct of his business of public adjusting which is untrue, deceptive, or misleading.
- B. No person shall advertise their services as a public adjuster unless such person is licensed as a public adjuster or a public adjusting firm.
- C. Any advertisement by a public adjuster shall include the full name and license number, as specified in Commission records, of the public adjuster who has caused the advertisement to appear. Where an entity containing multiple licensed public adjusters is causing the advertisement to appear, the full name and license number of the designated public adjuster, as specified in Commission records, shall appear in the advertisement.
- D. If an unlicensed spokesperson is used as part of a written or electronic advertisement, such advertisement shall disclose that the person is a paid or unpaid spokesperson, is not licensed, and is endorsing the services of a public adjuster. The advertisement shall also disclose if a computer-generated digital avatar is used.
- E. The licensed public adjuster whose name and Virginia license number appears in the advertisement shall be responsible for personally reviewing the content of the advertisement and assuring that the advertisement complies with this section and is in all regards fair, accurate, and in no way untruthful, deceptive, or misleading.
F. An advertisement does not include:
- 1. Communications or materials used within a public adjuster's firm, not used as promotional aids, and not disseminated to the public.
- 2. Communications with policyholders other than materials soliciting policyholders to enter, renew, extend, or reinstate a contract for public adjusting services.
- 3. Material used solely for the recruitment, training, and education of a public adjuster's staff, provided it is not also used to induce the public to enter, renew, extend, or reinstate a contract for public adjuster services.
2012, cc. 734, 735; 2026, c. 142.