Merrill to pay $400,000 over telemarketing compliance shortfall

New Hampshire Bureau of Securities Regulation says B-Ds do not 'fully understand' how to comply with telemarketing rules.
MAR 23, 2015
Who says cold calling is dead? Bank of America Merrill Lynch has agreed to pay $400,000 to as part of a settlement with the New Hampshire Bureau of Securities Regulation over allegations it improperly solicited business by phoning residents who were not clients and were on do-not-call lists. The bureau's investigation, which was based on complaints filed with the Federal Trade Commission, found that Merrill Lynch brokers had phoned residents who were not clients and whose numbers appeared on Merrill Lynch's own internal do-not-call list or the FTC's Do Not Call registry. It is the second such payment this year in the state, after Edward Jones & Co.'s $750,000 settlement in February. “Many of the bureau's investigations have revealed that broker-dealers do not fully understand the extent of the rules and how to effectively establish procedures to ensure compliance with them,” the bureau's staff attorney, Adrian La Rochelle, said in a statement. As part of the settlement, Merrill Lynch agreed to enhance its telemarketing policies and procedures. “During the course of its investigation, the bureau determined that Merrill Lynch did not reasonably supervise the telemarketing activities of its agents licensed in New Hampshire,” the bureau said in a news release. New Hampshire has been on a campaign against improper telemarketing. This was the sixth “significant telemarketing investigation in as many years,” according to a statement from a bureau staff attorney, Eric Forcier. A spokesman for Merrill Lynch, William Halldin, said the company is "committed to ensuring that all our New Hampshire employees respect the preferences of their fellow residents who have indicated that they don't want to be contacted." Merrill Lynch has strengthened its internal controls "to help prevent any inappropriate calls in the future," he added.

Latest News

Advisor moves: LPL nabs $715M team from Cetera's Avantax community
Advisor moves: LPL nabs $715M team from Cetera's Avantax community

Meanwhile, Fifth Third's RIA arm adds a former billion-dollar BNY trio in Boulder, Colorado, while a hybrid RIA opens a new North Carolina location with a former Raymond James-affiliated team.

Tax compliance costs US economy over $536B, Tax Foundation finds
Tax compliance costs US economy over $536B, Tax Foundation finds

Analysis highlights swelling out-of-pocket costs and wasted time on paperwork, with an outsized toll on businesses and around crypto transactions.

Raymond James taps Allianz alum in continued push into ETF space
Raymond James taps Allianz alum in continued push into ETF space

The appointment to its investment management arm comes roughly a year after the firm first announced plans to launch its own exchange-traded fund platform.

Great wealth transfer is not just about money, says Edward Jones' Lewandowski
Great wealth transfer is not just about money, says Edward Jones' Lewandowski

With trillions of dollars in transit, HNW expert sees a bigger picture.

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.

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.