by Robert Miller,
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UNITED STATES, Jun 14 — Some bail bond agents in Orange County, Calif., have been hoping a judge would bail them out for a change. They said “guerilla marketing” by other bail bond agents has been unfair and detrimental to the bail bond business. The bail
licensee should assist any regulatory agency or business practices review board
charged with regulating the practices of members of the industry
S
ome bail bond agents in Orange County, Calif., have been hoping a judge would bail them out for a change. They said “guerilla marketing” by other bail bond agents has been unfair and detrimental to the bail bond business.
On March 25, 2010, Newport Beach, Calif., attorney Richard P. Herman filed a lawsuit against the City of Santa Ana, Calif., in U.S. District Court Central District of California on behalf of the Orange County Bail Agents Association.
The lawsuit aimed to find relief from the solicitation of bail bond companies at the Orange County Central Jails in Santa Ana.
“The City of Santa Ana permits illegal bail solicitation by commission solicitors to occur. These solicitations by so called ‘guerilla marketers’ violate both state statutes and state regulations,” the lawsuit states. “This results in unfair business practices since honest bail agents cannot compete with those who are willing to operate illegally, and who are countenanced by the City of Santa Ana.”
Some of the prime examples of “guerilla marketing” reported in the Orange County Register include mass visits of new inmates and employing inmates to lean on others inside the jail.
Bail bond agents and their representatives reportedly also have been causing a stir just outside the jail by having a pack of fliers to hand out, touting their service and rates. At times, some companies park their vehicles only feet from the jail, with large graphics displaying the name of a bail bond company.
The Orange County Bail Agents Association has established a code of ethics and maintains relationships with the law enforcement sector and community to protect the integrity of the bail bond industry.
“The Orange County Bail Agents Association was formed in 1996 for the purpose of assisting local bail agents in informing the Public, Law Enforcement, and the Courts on how bail bonds work. For over 15 years OCBAA has built relationships with the Orange County Sheriff’s Department, The Orange County District Attorney’s Office and several local Law Enforcement Agencies. These relationships have proven to be valuable with relation to how the bail process works in Orange County,” according to the bail association’s website.
The association’s code of ethics states that in relations with the general public:
“It is the paramount duty of the bail licensee to protect the general public against
Misrepresentations or unethical business practices in the bail industry. Agents
should endeavor to eliminate in their community any practices which could be
damaging to the public or to the dignity and integrity of the bail industry. The bail
licensee should assist any regulatory agency or business practices review board
charged with regulating the practices of members of the industry.”
In its concluding statement, the bail association states: “The articles of this Code of Ethics are combined to guarantee high integrity and dignified professionalism from those who adhere to the principles of business and moral conduct …”
In this battle between bail bond agents, both sides say it’s a matter of doing business, with the issue coming down to the proper conduct of their companies.
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