Of the majority of states that require public adjusters to hold a license, eleven states subject the unauthorized practice of public adjusting (UPPA) to criminal sanctions. Several other states have statutes that provide for the imposition of a civil fine on anyone who engages in UPPA. A few examples among these latter states are California, Indiana, and Hawaii. Below are the statutes found that impose a criminal penalty on UPPA. Please see the unlicensed Public Adjusting penalties below.
CONNECTICUT
Conn. Gen. Stat. Ann. § 38a-725. Any person who acts within this state, either on the person’s own behalf or as representative or agent of any other person or any partnership, association or corporation as a public adjuster, unless such person holds a license then in force from the commissioner authorizing the person so to act, shall be fined not more than ten thousand dollars or imprisoned not more than three months, or both.
FLORIDA
Fla. Stat. Ann. § 626.8738 In addition to any other remedy imposed pursuant to this code, any person who acts as a resident or nonresident public adjuster or holds himself or herself out to be a public adjuster to adjust claims in this state, without being licensed by the department as a public adjuster and appointed as a public adjuster, commits a felony of the third degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084. Each act in violation of this section constitutes a separate offense.
GEORGIA
Ga. Code Ann., § 33-23-43 (d) For purposes of subsection (c) of this Code section, the term “public adjuster” shall include licensed public adjusters as defined by Code Section 33-23-1, persons representing themselves to be public adjusters who are not properly licensed by the Commissioner, and persons committing any act under paragraph (4) of subsection (c) of this Code section.(e) Any person who violates any provision of subsection (c) of this Code section shall be guilty of a misdemeanor and such violation shall be grounds for suspension or revocation of licenses under this chapter.
ILLINOIS
215 Ill. Comp. Stat. Ann. 5/512.53 (b) In addition to any other penalty set forth in this Article, any person violating paragraph (a) [license requirement] of this Section shall be guilty of a Class A misdemeanor, and any person misappropriating or converting any monies collected as a Public Insurance Adjuster, whether licensed or not, shall be guilty of a Class 4 felony.
IOWA
Iowa Code Ann. § 522C.6 2. A person acting as a public adjuster without proper licensure or a public adjuster who willfully violates any provision of this chapter or any rule adopted or order issued under this chapter is guilty of a serious misdemeanor.
MARYLAND
Md. Code Ann., Insur., § 10-403(b) A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both for each violation.
MASSACHUSETTS
Mass. Gen. Laws 175 § 172 Whoever acts in the commonwealth as a public insurance adjuster, as defined in section 162 without a license or during a suspension of his license, or in violation of this section, shall be punished by a fine of not more than $10,000 or by imprisonment for not more than 6 months.
MISSISSIPPI
Miss. Code Ann. § 83-17-504 (2) Any person who violates the provisions of this section shall be guilty of a misdemeanor and, upon conviction thereof, shall be punished by a fine of not more than One Thousand Dollars ($1,000.00) or by confinement in the county jail for not more than one (1) year, or by both such fine and confinement.
NEVADA
Nevada Rev. Stat. Ann. § 684A.040 1). No person may act as, or hold himself or herself out to be, an adjuster or associate adjuster in this State unless then licensed as such under the applicable independent adjuster’s license, public adjuster’s license or associate adjuster’s license, as the case may be, issued under the pro-visions of this chapter. 2). Any person violating the provisions of this section is guilty of a gross misdemeanor. 3). A person who acts as an adjuster in this State without a license is subject to an administrative fine of not more than $1,000 for each violation.
NEW HAMPSHIRE
N.H. Rev. Stat. § 402-B:13 Any person who shall act within this state as an insurance claims adjuster without being licensed as herein provided, or any licensee who in the course of his work as an insurance claims adjuster shall misrepresent his identity or the identity of his principal or employ-er, or who shall wrongfully divulge information coming to him in his capacity as an insurance claims adjuster, shall: I. Be guilty of a misdemeanor if a natural person, or guilty of a felony if any other person; and II. Be subject to suspension or revocation of his license and a fine not to exceed $2,500 for each violation.
NORTH CAROLINA
N.C. Gen. Stat. § 58-3-130 If any person shall assume to act either as principal, agent, broker, limited representative, adjuster or motor vehicle damage appraiser without license as is required by law or, pretending to be a principal, agent, broker, limited representative, adjuster or licensed motor vehicle damage appraiser, shall solicit, examine or inspect any risk, or shall examine into, adjust, or aid in adjusting any loss, investigate or advise relative to the nature and amount of damages to motor vehicles or the amount necessary to effect repairs thereto, or shall receive, collect, or transmit any premium of insurance, or shall do any other act in the soliciting, making or executing any contract of insurance of any kind otherwise than the law permits, or as principal or agent shall violate any provision of law contained in Articles 1 through 64 of this Chapter, the punishment for which is not elsewhere provided for, he shall be deemed guilty of a Class 1 misdemeanor.
OKLAHOMA
Okla. Stat. 36 § 6220.1 (F) It shall be unlawful for any person, firm, association, company or corporation to act as an adjuster without first obtaining a license pursuant to the Insurance Adjusters Licensing Act. Any person convicted of violating the provisions of this subsection shall be guilty of a misdemeanor and shall be punished as set forth in Section 10 of Title 21 of the Oklahoma Statutes.
WEST VIRGINIA
W. Va. Code. § 46A-6M-5 (a) Notwithstanding the provisions relating to public adjusters as defined in section-e, article twelve-b, chapter thirty-three of this code, on or July 1, 2015, a roofing contractor may not represent, negotiate, or advertise to represent or negotiate on behalf of an owner of residential real estate on any insurance claim in connection with the repair or replacement of a roof system.
§ 46A-6M-6 (b) A roofing contractor who willfully violates the provisions of this article is guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $5,000, or confined in jail not more than one year, or both fined and confined.