Eaton Vance settles 401(k) lawsuit for $3.45 million

Eaton Vance settles 401(k) lawsuit for $3.45 million
Class-action suit alleged the firm mismanaged its own retirement plan and profited at the expense of employees.
MAY 08, 2019

Eaton Vance will pay $3.45 million to settle a class-action lawsuit alleging it mismanaged its company 401(k) plan and profited at the expense of its employees by offering them in-house mutual funds. The settlement furthers a trend playing out among financial services companies, especially those like Eaton Vance that are focused on actively managed investment strategies, many of which have been sued for self-dealing in their retirement plans. This has played out against a backdrop of increased litigation targeting employers for imprudently managing their retirement plans. The plaintiff — Shannon Price, a former employee — claimed Eaton Vance breached its fiduciary duties by offering proprietary investments, failing to monitor investment options and remove poorly performing ones, and offering insufficient fund selection. Eaton Vance's funds were the only actively managed options available in the 401(k) plan. Eaton Vance's settlement, reached Monday in Massachusetts district court, still needs court approval. The settlement covers roughly 2,600 participants in the Eaton Vance 401(k) Profit Sharing and Savings Plan between October 2012 and the date of the settlement's final approval. Robyn Tice, spokeswoman for Eaton Vance, declined comment. The $3.45 million settlement in the case, Price v. Eaton Vance Corp., is on the lower end of those in other similar lawsuits: Branch Banking & Trust Co. ($24 million), Deutsche Bank ($21.9 million), Franklin Templeton Investments ($14 million), Allianz ($12 million), Citigroup Inc. ($6.9 million), TIAA ($5 million), Waddell & Reed Financial Inc. ($5 million), Jackson National Life Insurance Co. ($4.5 million) and New York Life Insurance Co. ($3 million). Other lawsuits, such as one filed against American Century Investments, have been dismissed. Following a trial in Missouri district court, the judge in the American Century case, Greg Kays, said it "isn't disloyal as a matter of law" to offer only in-house funds to participants. "In fact, it is common for financial service companies to offer their own investment funds in their retirement plans," he said. "And there is no duty to offer more than one investment company's funds."

Latest News

HSA balances hit record high, but are clients using them wrong?
HSA balances hit record high, but are clients using them wrong?

New data shows most people do not have enough saved to cover costs and are not fully utilizing their accounts.

Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth
Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth

Firms announce new recruits this week, with teams overseeing hundreds of millions in client assets switching affiliations.

Stratos Wealth adds $400M with RPI Financial Life Planners
Stratos Wealth adds $400M with RPI Financial Life Planners

It’s the 12th deal for Stratos since SEI's investment and follows 11 acquisitions worth $4.8B in 2025.

Atkins: SEC takes 'most historic step yet' on crypto regulation
Atkins: SEC takes 'most historic step yet' on crypto regulation

Proposal to make historic shift in US digital asset policy would give crypto issuers two registration exemptions and a safe harbor from securities classification.

Those without kids less confident about retirement savings, but why?
Those without kids less confident about retirement savings, but why?

Allianz Life research reveals a retirement confidence gap between childless Americans and parents.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income