Two law firms weigh class action over sales of non-typical ETFs

Two law firms are investigating potential claims on behalf of retail investors who purchased leveraged, inverse and leveraged-inverse exchange traded funds and held them in their brokerage accounts for longer than one day.
AUG 20, 2009
By  Bloomberg
Two law firms are investigating potential claims on behalf of retail investors who purchased leveraged, inverse and leveraged-inverse exchange traded funds and held them in their brokerage accounts for longer than one day. The investigation — by Stanley Mandel & Iola LLP of Dallas and Wolf Haldenstein Adler Freeman & Herz LLP of New York — covers all such ETFs from providers including ProShare Advisors LLC of Bethesda, Md., Direxion Funds of Newton, Mass., and Rydex SGI of Rockville, Md. The potential class action is based on the belief that leveraged and inverse ETFs are suitable only for professional investors and should be held for no longer than one trading day. It was a belief espoused by the Financial Industry Regulatory Authority Inc., which warned brokers in June that inverse and leveraged ETFs “typically are unsuitable for retail investors” who hold them longer than that. Finra of New York and Washington clarified its position on such ETFs in a podcast July 13 in which it said member firms could recommend that a retail investor hold them for longer than one day, provided a suitability assessment is conducted with respect to such an investor and the ETF. If a lawsuit results, it will be the first potentially to involve multiple providers of leveraged and inverse ETFs. Complaints seeking class action status are currently pending in the U.S. District Court for the Southern District of New York against ProShare Advisors, the largest provider of such ETFs, alleging that it filed to disclose the risks inherent in its ProShares UltraShort Real Estate Fund (SRS), a leveraged-inverse ETF. The allegations are “without merit,” the company said in a statement.

Latest News

Summit Financial, MassMutual boost advisor appeal with growth-focused tech
Summit Financial, MassMutual boost advisor appeal with growth-focused tech

Summit Financial unveiled a suite of eight new tools, including AI lead gen and digital marketing software, while MassMutual forges a new partnership with Orion.

SEC enforcement actions drop sharply, with focus shifting to investor fraud
SEC enforcement actions drop sharply, with focus shifting to investor fraud

A new analysis shows the number of actions plummeting over a six-month period, potentially due to changing priorities and staffing reductions at the agency.

MAI inks mega-deal with Evoke Advisors to form $60B AUM firm
MAI inks mega-deal with Evoke Advisors to form $60B AUM firm

The strategic merger of equals with the $27 billion RIA firm in Los Angeles marks what could be the largest unification of the summer 2025 M&A season.

Employees tapping retirement funds amid financial strain, led by Gen Zs
Employees tapping retirement funds amid financial strain, led by Gen Zs

Report highlights lack of options for those faced with emergency expenses.

LPL Financial on target to retain 90% of Commonwealth financial advisors, Wolfe Research analyst says
LPL Financial on target to retain 90% of Commonwealth financial advisors, Wolfe Research analyst says

However, Raymond James has had success recruiting Commonwealth advisors.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

SPONSORED RILAs bring stability, growth during volatile markets

Barely a decade old, registered index-linked annuities have quickly surged in popularity, thanks to their unique blend of protection and growth potential—an appealing option for investors looking to chart a steadier course through today's choppy market waters, says Myles Lambert, Brighthouse Financial.