Existing law generally regulates the business of insurance in the state, including the conduct of insurance licensees, and provides for the issuance of bail licenses under the jurisdiction of the Insurance Commissioner. Existing regulations generally prohibit the solicitation of bail except after a bona fide request for bail services has been received from the arrestee or from another specified person.

This bill, the Bail Consumer Protection Act, would prohibit a bail agent or impersonator from engaging in unauthorized solicitation of bail to any family member or known contact of an arrested individual for the purpose of engaging the recipient in bail bond services, as specified. The bill would provide that the prohibition does not apply in certain circumstances, including when the communication to a family member or known contact is in response to a voluntary inquiry or bona fide request for bail bond services initiated by that family member or known contact. The bill would prescribe civil penalties, enforceable by the Attorney General. The bill would additionally make a violation of these provisions an unfair and deceptive trade practice under the Unfair Competition Law and authorize private individuals aggrieved by a violation to bring a civil action for actual damages, injunctive relief, and reasonable attorney’s fees. The bill would define terms for purposes of the act.