Under investigation: What bail bond agents should know about consumer complaints

Below is a guest commentary by the DIFP Public Information Administrator and the Consumer Affairs Division

It’s difficult to satisfy every customer all of the time. We all run into misunderstandings and conflicts once in a while, but it’s much easier to avoid these situations if we know what may cause them in the first place.

Take your time

In 2006, 122 general bail bond agents and 835 bail bond agents were licensed to do business in the state, and last year alone the department received 77 bail bond related complaints.

Some complaints involve an agent’s handling of an initial bail transaction, misappropriation of bail money or collateral, failure to return bail money or collateral in a timely manner after proceedings have concluded and unlicensed bail bond or fugitive recovery activity. The most common complaint: lack of customer service. Individuals using bail services complain that their agent did not return calls regarding court appearances, explain the terms of their agreement or treat them with respect. Failure to perform these basic services could lead to misunderstandings and prompt consumer complaints to the department. It’s easy for bail bond agents to respond to these misunderstandings by saying more customers should read their contracts rather than point fingers, but it might be more important to reflect on the interactions you have with your customers. It could save both you and the department time and resources.

Be responsive

The Consumer Affairs Division’s mission is to effectively enforce state laws and regulations governing business to protect consumers from unfair and inequitable treatment. To fulfill this objective, Missouri consumers may file a formal complaint against any person or company doing bail bond business in the state. Once the complaint has been filed, we are required by Missouri law to investigate it. Of course, there are often two sides to every story, so in nearly every case we must get the agent’s side. A department investigator will send a letter requesting information from the agent involved. If you receive a letter, its best to follow these procedures:

• Read the letter thoroughly, follow the instructions and meet the required deadlines.
• Tell us your story from beginning to end – What happened when you interacted with the complainant?
• Do you have notes or documents from the interaction?
• Give us full and complete documentation.

Remember, the quicker we get this information the sooner we are able to mediate or resolve the complaint to uphold both the bail bond agent’s and the department’s reputation.

Monitor the results

Only a small number of complaints result in some administrative enforcement action by the department. These actions can range from cease and desist orders to monetary penalties to consent orders requiring more continuing education to a suspension or revocation of an agent’s license. Most complaints are resolved through mediation by our investigators.

Both investigative and legal actions can be viewed on the department’s Web site under enforcement actions. Investigative actions are updated on a monthly basis and legal actions are posted on a daily basis. Viewing this information can give bail bond agents a better idea of the work the department does to enforce the bail bond laws of this state and protect Missouri consumers.

For more information about the department’s complaint and investigative procedures, please contact the Consumer Insurance Hotline at 1-800-726-7390.