BBBB Bonding Corp. v. Caldwell
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Caldwell signed an agreement to obtain a bail bond for her friend and was unable to pay the premiums. BBBB began collection efforts. Caldwell filed a putative class action. The trial court enjoined BBBB from enforcing bail bond premium financing agreements entered into by Caldwell and other similarly situated persons who had cosigned on behalf of an arrestee without having first been provided with notice under Civil Code 1799.91: if a creditor obtains the signature of more than one person on a consumer credit contract, and the signatories are not married, the creditor must provide the cosigner with a specified cosigner notice describing the financial risks of the transaction.
The court of appeal affirmed, rejecting BBBB’s argument that because the Legislature adopted a comprehensive scheme to regulate the conduct of bail bond licensees, it intended to exclude from such transactions the consumer protections applicable to consumer credit contracts. A bail bond premium financing agreement between a cosigner and the bail bond agent is a consumer credit contract subject to the notice provision of section 1799.91 and related statutory protections. While acknowledging that it decision may upend business expectations for bail bond agents, the court declined to apply the injunction only on a prospective basis.
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