Consumer groups call for SEC probe of RIAs' use of mandatory arbitration

Consumer groups call for SEC probe of RIAs' use of mandatory arbitration
RIAs aren't adequately disclosing arbitration clauses in client contracts and are forcing clients into expensive dispute forums, the groups said.
MAY 18, 2022

Many investment advisory firms put mandatory arbitration clauses in their clients’ contracts without telling them and force them into costly arbitration forums that could discourage them from pursuing their claims, a coalition of consumer and investor advocacy groups said Wednesday.

The coalition called on the Securities and Exchange Commission to investigate the use of arbitration among registered investment advisers.

The groups “are concerned that RIAs are not adequately disclosing their use of pre-dispute arbitration clauses, and may be disadvantaging investors by designating expensive forums, and otherwise limiting investors’ rights to pursue their claims,” the coalition wrote in a May 17 letter to SEC Chairman Gary Gensler.

They added: “The unchecked use of pre-dispute arbitration clauses by RIAs has created significant and unfair barriers for investors seeking nothing more than to exercise their legal rights after a dispute with their financial professional. We question whether the use of clauses that raise these concerns is consistent with an adviser’s fiduciary duty.”

The SEC did not respond to a request for comment.

The left-leaning organizations signing the letter include the Public Investors Advocate Bar Association, the Consumer Federation of America, the Center for American Progress and labor unions, among other groups.

A push to illuminate RIAs’ use of mandatory arbitration is a priority for PIABA President Michael Edmiston. The group is a frequent critic of the Financial Industry Regulatory Authority Inc.’s dispute resolution forum for brokerages, registered representatives and their customers. The broker-dealer self-regulator, however, rarely adjudicates RIA customer complaints.

Instead, RIAs use private arbitration forums such as the American Arbitration Association and JAMS, which tend to charge tens of thousands of dollars more than the Finra system to hear an arbitration case.

The coalition cited not only costs but also the lack of public information about RIA arbitration.

“In addition to not uniformly disclosing the use of a pre-dispute arbitration clause, RIAs do not uniformly disclose investor complaints or their outcome,” the letter states. “Therefore, it is virtually impossible to know how many investor complaints have been made against an RIA, whether the complaint resulted in an arbitration, and the outcome of the arbitration including whether any arbitration award has been paid. As a result, there is no clear picture on whether investors doing business with RIAs actually have access to justice.”

The coalition requested that the SEC collect arbitration information during RIA exams that includes the arbitration venues they designate to hear cases, whether they allow class actions and whether there are limitations on the types of claims, among other items.

The coalition noted the significant migration of brokers to the RIA sector. There are about 14,000 RIAs and 17,000 state-registered investment advisers, compared to about 3,400 brokerage firms.

The SEC must get its arms around the mandatory arbitration issue, the coalition said.

“The SEC can and should take the first steps in gathering information in its examinations of SEC-registered firms regarding their use of arbitration clauses and providers to determine the scope of the issues,” the letter states.

Latest News

 Zocks, Jump expand advisor reach with new enterprise integrations
Zocks, Jump expand advisor reach with new enterprise integrations

Zocks has inked an exclusive partnership with mega-RIA Hightower, while Jump becomes the choice AI operating system for Equitable Advisors' field force.

SEC moves to scrap climate disclosure rules for public companies
SEC moves to scrap climate disclosure rules for public companies

The agency's proposal to rescind the contentious 2024 Biden-era mandate opens up a 60-day public comment period.

EverNest joins Focus after bitter split with Sanctuary Wealth
EverNest joins Focus after bitter split with Sanctuary Wealth

The Carmel, Indiana RIA grew nearly 150% in assets since severing ties with its first backer following a FINRA dispute.

Advisor moves: Wells Fargo welcomes back $550M advisor duo from Ameriprise
Advisor moves: Wells Fargo welcomes back $550M advisor duo from Ameriprise

Meanwhile, Raymond James' employee arm adds a defector from D.A. Davidson, and South Carolina-based RIA Ballast Rock Private Wealth recruits a new advisor.

JPMorgan contests $4.25M order over LA advisor's Super Bowl spending
JPMorgan contests $4.25M order over LA advisor's Super Bowl spending

A FINRA arbitration panel sided with a former wealth manager fired over a $642 deli platter and a disputed client event.

SPONSORED Estate planning isn't a service add-on. It's your retention strategy.

As $84 trillion prepares to change hands, advisors who treat estate planning as peripheral are quietly building a sieve, not a book.

SPONSORED Why strategy matters more than performance

In volatile markets, the advisors who win aren't the ones with the best calls - they're the ones whose clients stay the course.