Crain v. Accredited Surety and Casualty Company et al.
I Was Not a Plaintiff. I Was the Proof.
In 2019, a federal antitrust class action accused California's bail industry of conspiring to fix prices for decades. The complaint cited one bail agent by name as evidence that the truth was publicly known — and suppressed anyway. That agent was me.
The Arc
The Post
Chad Conley publishes a public post explaining that Proposition 103 permits bail bond rebates. He is the only California bail agent to say this publicly and on the record.
The Complaint
A complaint is filed against Chad with the California Department of Insurance. CDI investigates. CDI takes no action.
The Lawsuit
Crain v. Accredited Surety is filed in federal court. The complaint cites Chad's 2014 post as evidence that rebate rights were publicly known — and that the industry suppressed them anyway.
The Settlement
Several defendants reach proposed settlements totaling $69.4 million. The case continues against remaining defendants.
What the Complaint Actually Says
These are verbatim quotes from the Second Amended Complaint, a public court document. Chad Conley was not a defendant.
¶108 — Chad Conley cited as evidence of public knowledge
“In a 2014 online post, bail agent Chad Conley (also known as 'Chad the Bail Guy') explained the legal effect of Proposition 103 on bail agents' ability to give rebates to consumers: 'bail bonds are regulated under Proposition 103, which provides for premium rebates as long as they are not unfairly discriminatory.' In a response to a comment on this post, Mr. Conley stated that his efforts to provide lower prices for his bail bond clients resulted in pressure from other agents, and noted that other bond agents are aware of their ability to provide lower prices but have conspired to avoid this form of competition: 'They prefer price fixing.'”
¶150 — Sean Cook cited as evidence of cartel education
“A course offered by the Bail Resource Center & Career Academy teaches the cartel line: 'the right answer on the test: no rebates.' Sean Cook, of Bail Bonds Universal California, Board Member At-Large of the CBAA, and author of the e-book 'Bail Bonds 101' which the CBAA advises is an essential starting point for all bail agents, works to 'educate' bail agents into the cartel. In an article 'Running a Bail Bond Business: Answering Calls,' he advises: always keep in mind that your state DOI regulates the fees for bail bonds and if a competitor offers a lower percentage fee, they WILL make up the point or two somewhere in the transaction. In California, the only time you might lower the fee to 8%, which is 2% less than the standard 10%, is if you are working with a referral from an attorney.”
Dennis Bartlett — Former Executive Director, American Bail Coalition
“As Dennis Bartlett, former Executive Director of Defendant ABC, has noted, higher bail amounts have 'disadvantaged not only defendants but bail agents, some of whom [competed on price] — bonding industry has worked hard to rectify this abuse.'”
Aladdin Bail Bonds (Two Jinn, Inc.) — cited for fraudulent concealment
“As of January 2019, the website for Aladdin Bail Bonds states: 'To offer services in California, a bail service provider charges a premium — a percentage of the total bail amount, typically 10%.' 'The bail service provider must charge the premium rate that it has filed with the Department of Insurance.' These statements are misleading in that they conceal the fact that Aladdin and other bail bonds agents have the ability to offer discounts through rebates.”
Complaint Document — Screenshots
What This Means — In Plain Language
The federal complaint was not about me. I was not a defendant. I was not a plaintiff. I was not a party to the litigation in any way.
I was cited because in 2014, I was the only bail agent in California who said publicly, in writing, that rebates were legal under Prop 103. The plaintiffs' lawyers needed to show that the truth was knowable — that the industry's claim of ignorance was not credible. My post was the proof.
The contrast the complaint draws is not subtle. On one side: a bail agent who told the truth publicly. On the other: an industry that trained new agents to say 'the right answer on the test: no rebates.' Same law. Same market. Same time period. Two completely different answers.
I am not going to comment on the merits of the case or the settlements. What I will say is this: everything I wrote in 2014 was accurate. It was legal. And it was something every family in California deserved to know.
I was not a plaintiff. I was the proof.
Source
All quoted language is from the Second Amended Complaint in Crain v. Accredited Surety and Casualty Company et al., Case No. 4:19-cv-00717-JST (N.D. Cal.), Doc. 94, a public court document filed January 29, 2019. Chad Conley was not a defendant, plaintiff, or party to this litigation.