Wildfire Emergency Marketing, Gift Cards, and an Unlicensed Competitor

The gift cards are not permissible. Paying an inducement to a homeowner to sign a representation agreement is a rebate or inducement that conflicts with Hawaii insurance law and the public adjuster licensing rules. The same problem arises if the gift card is framed as a marketing expense but is conditioned on signing. Door-to-door canvassing in a declared disaster area is also restricted and must comply with the Insurance Division's disaster bulletins and solicitation rules; at a minimum, do not canvass in a manner that exploits distress or ignores access restrictions. The statement that the insurer will lowball unless the homeowner hires you immediately is misleading fear-based marketing. The guarantee of a full policy-limit settlement is an unauthorized promise of a result the adjuster cannot control. Permissible marketing is factual, identifies the licensee and license number, explains services and fees, avoids guarantees, and does not target vulnerable homeowners at the burn site with cash or gifts. The competitor's conduct is not a defense; it is evidence of a market problem, not a license to copy it.

The adjuster should not aid, refer to, or share fees with the unlicensed consultant. Verify the competitor's claim of state certification; Hawaii does not certify public adjusters in that manner, and an unlicensed person may not solicit or negotiate claims. Document the competitor's name, business name, address, vehicle, written materials, and the statements made to homeowners. Preserve the $1,000 upfront fee receipt if a homeowner provides one. Report the activity to the Hawaii Insurance Division's licensing or enforcement office with the documentation. Do not confront the competitor in a way that creates a safety issue or a defamation risk. Advise affected homeowners in writing that they should verify any adjuster's Hawaii license and should not pay upfront fees without a compliant written contract. If the competitor asks to partner with you, decline and document the request. The licensee's duty is to protect the public and the integrity of the claims process, not to compete by matching unlawful tactics.

The marketer should be trained in writing on Hawaii public adjuster licensing, solicitation restrictions, fee disclosure, and prohibited inducements. Prohibit gift cards, cash, gas cards, meals, and any other thing of value conditioned on signing. Prohibit statements that guarantee a settlement amount or that the insurer will necessarily lowball the homeowner. Require scripts that identify the licensee, explain that the homeowner may contact the insurer directly, and describe the fee and cancellation rights. Do not let the marketer negotiate coverage or give legal advice. Keep a log of homeowner contacts and complaints. Review the campaign for compliance with the Insurance Division's disaster bulletin and any local access restrictions. If the marketer has already offered gift cards, stop the campaign, retrieve the offers if possible, and document corrective action. The adjuster remains responsible for the marketer's conduct and should be prepared to show a written compliance program if the Insurance Division inquires.