Badges and Repo Agent Shirts – Do’s or Don’ts?

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Since the dawn of the repossession industry there have been recovery agents trying to intimidate borrowers by flashing badges and using threats of arrest. While we would like to think that is an obvious practice of the past, we do hear from time-to-time allegations of this. But just where does the line between impersonating law enforcement and simply identifying your occupation and identity in the field lie? There are legitimate issues surrounding agents wearing identifying clothing and not, which we will explore.

The Obvious, I hope…

Whether or not a state allows a recovery agent to wear a badge or not is irrelevant. A badge is a symbol of law enforcement authority. Being a recovery agent or agency owner gives no law enforcement authority. Agents wearing badges are, in my humble opinion, impersonating law enforcement and they know what they’re doing. I can think of no argument to the contrary and frankly, to me, it reeks of unlawful intimidation and has no place in the repossession industry.

The repo industry has always attracted a lot of veterans and ex law enforcement personnel. So, some resemblance to the military or law enforcement in the field is understandable. If an agent wants to run around in a police style haircut, tactical boots and black BDU trousers, I suppose that’s their choice. I used to wear my old army field jacket and jungle boots almost religiously. It was what I was comfortable working in, so I can’t judge too harshly on that. Badges and Repo Agent Shirts - Do’s or Don’ts?

Wearing a badge as a recovery agent crosses the line. In my humble opinion, it is an insult to the intelligence to say that wearing a badge in the course of a repo is not impersonating law enforcement. I know many of you will disagree, but that is my opinion.

But does that mean that an agent should not be allowed or shouldn’t wear occupational identifying clothing?

There are two strong arguments against agents wearing clothing that identifies them as repossession agents. While avoiding the appearance of impersonating an officer, as we just discussed, is one, revealing a repossession agent’s occupation at the point of recovery has its pros and cons.

Sans Identity

At the forefront of the argument against wearing such identifying clothing is third party disclosure. While it is clear that wearing clothing that identifies a recovery agent in the process of a recovery does disclose to outside parties the nature of an interaction between that person and a borrower, the very presence of a tow truck or camera

Badges and Repo Agent Shirts - Do’s or Don’ts? car is often telling enough without such apparel.

In this age of full-size wreckers with open back beds, tow dollies, Go-Jacks and raised wheel lifts, there’s nothing very stealthy about the process or what the truck is doing. Judging by some of the catchy repossession company names with terms like “Seize, Snatch and Final” in their names, it’s hard for them to make any argument against identifying clothing.

So, is a company name on the door of a tow truck any worse than an agent wearing a shirt or jacket that says; “Recovery Agent”? Badges and Repo Agent Shirts - Do’s or Don’ts?

A secondary argument is stealth. Showing my age, back when I worked in the field, many repossessions were done manually. There was a lot of sneaking around, crouching in the front seats of cars, slamming ignitions, picking locks and making keys in the shadows.

Sure, we used trucks for towing as a primary means of recovery when available, but even those had hidden slide in units like the Transformer and Illusionist tow booms that hid in the bed of a truck and had low profiles hiding their intentions well until in use. Honestly, we operated often like car thieves, and often to our own peril. The first twenty seconds of contact with a borrower, always seemed to be crucial to their understanding and reacting to the unfortunate situation they are experiencing. Maybe a soft ID like a hat or shirt could have cut down on some of the drama.

Safety

Writing the repossession history book, Repo Blood, I discovered and studied the dozens of deaths of recovery agents through the years. Amongst all of them was one common denominator. The most common defense that has been used, and with great consistency, is the claim “I thought he was a thief.”

Disingenuous as it seems in the majority of these cases, it has been the cause of many of these cases being dismissed or charges greatly reduced.

While most borrowers out for repossession know what’s going on, it’s often their neighbor or unknowing family member that’s playing vigilante that you need to worry about. As minimally preventive of incident as this may seem, it only takes once.

Your Thoughts?

I am sure that 90% or more of you will agree with me that the use of fake badges and the attempt to appear as a member of law enforcement is unprofessional and fraught with legal consequences for agency and lender alike. But with the issue of recovery agents wearing identifying apparel in the course of their duties, do you support it or disapprove?