30-14-225. Prohibited practices -- advertising allowed -- violations. (1) A person engaged in automobile repair or the sale, repair, or replacement of automobile glass or in the business of automobile repair may not:
     (a) advertise, promise to provide, or offer any coupon, credit, or rebate to pay all or part of an insurance deductible under a casualty or property insurance policy, including any incentive to purchase automobile glass or automobile repairs offered to the customer in which the customer, in conjunction with the purchase of automobile glass or automobile repairs, receives cash or other valuable consideration; or
     (b) pay a sum or incentive to an individual or entity for directing automobile repair services or glass replacement or repair or the purchase of a glass product.
     (2) A person or association of persons engaged in automobile repair services or the sale, repair, or replacement of automobile glass may advertise services as to quality, service, and safety.
     (3) A glass broker, as defined in 33-18-223, or an automobile repair business may not manage, handle, or arrange automobile glass replacement or glass repair work or automobile repair services for which the glass broker or the automobile repair business retains a percentage of the claim.
     (4) Except as provided in 33-18-224, in a communication between an insurer and an insured regarding an insurance claim, the insurer may not:
     (a) require, suggest, or encourage the use of the name of a particular automobile repair business or location; or
     (b) mention or provide the name of a particular automobile repair business or location.
     (5) (a) A violation of subsection (1)(a) is an unfair and deceptive act under 30-14-103.
     (b) A person engaged in the sale, repair, or replacement of automobile glass or in the business of automobile repair who violates subsection (1)(a) is also subject to the insurance fraud protection provisions of Title 33, chapter 1, part 12.

     History: En. Sec. 4, Ch. 554, L. 1993; amd. Sec. 1, Ch. 207, L. 1997; amd. Sec. 1, Ch. 174, L. 1999; amd. Sec. 1, Ch. 526, L. 1999.