Bail Bonds Solicitation, How Much is Too Much?

In Santa Ana, CA a firestorm is brewing over bail bonds marketing and solicitation. At issue is the way bail bonds are marketed to prospective clients coming out of the Central Men's jail. Fliers are handed out and cars wrapped with bail bonds marketing messages are parked just a few feet away from the Men's jail entrance. Anyone coming in or out can't help but see the advertising and guerilla marketing. bail bonds advertising

Newport Beach attorney Richard P. Herman filed a lawsuit on behalf of the Orange County Bail Agents Association on Friday to stop the solicitation of bail bond companies outside of jails and police stations. The lawsuit contends it creates an unfair advantage and he wants it stopped immediately.

The guerilla marketing seems to be performed by newer bail bondsmen that maybe don't have the brand recognition or marketing budgets that more established bail bonds companies have. Which is understandably why some speculate it is the more established bail bonds companies that are behind the lawsuit to get this type of marketing stopped.

In addition, some are claiming this guerilla marketing violates anti solicitation laws that preclude bail bondsmen from soliciting bail bonds business. So is this clever bail bonds advertising or is it bail bonds solicitation? Apparently the lawyers and courts will have to decide.