Age not automatic criterium for class actions

Plaintiff’s attorneys are going to have a tougher time seeking class action status in alleging the improper sale of an annuity.
JUN 03, 2008
Plaintiff’s attorneys are going to have a tougher time seeking class action status for cases alleging the improper sale of an annuity — especially if older individuals are involved, defense lawyers said at the NAVA 2008 Compliance and Regulatory Affairs conference in Washington today. NAVA Inc. is a retirement industry trade group based in Reston, Va. “Very few cases are in class action status,” said Enrique D. Arana, a partner in Jorden Burt LLP Miami. “The notion that the products aren’t suitable for seniors is something that the plaintiff’s bar is having trouble gaining traction on.” Mr. Arana spoke on a panel covering litigation trends lawyers are seeing when it comes to annuity sales. Many claims of improper sales and unsuitability have focused on annuity sales to senior citizens, a trend that’s concerned the defense attorneys, as these plaintiffs make “sympathetic” subjects, he said. However, age is neither an indication of a client’s ability to read and comprehend an annuity contract nor an indication of that person’s health and vulnerability. “Clients understand the products, and they bristle at the allegation that they don’t,” said Brett J. Preston, a in Hill Ward Henderson of Tampa, Fla.. “Anytime you take claims and attribute deficiencies to a whole population of people, it falls apart when you shine a bright light on it.” In one suit that Mr. Preston cited, a husband and wife claimed that they were vulnerable adults who were improperly sold an annuity. The husband, who claimed he had macular degeneration, asserted that he couldn’t read the fine print on the annuity contract but, when asked to do so in court, read aloud the small print on the page. The case fell apart. Claims that apply “lack of suitability” to an entire group of people can also falter because the suitability standard is an individual one, attorneys said.

Latest News

Fintech bytes: Vestmark, NDEX, and Forms Logic partnerships sharpen RIA tools
Fintech bytes: Vestmark, NDEX, and Forms Logic partnerships sharpen RIA tools

First Trust models, Schwab-linked data tools and Orion transition tech headline a busy week for RIA wealthtech

Two LPL executives jump to competitors as 2026 comes to a close
Two LPL executives jump to competitors as 2026 comes to a close

The change in senior personnel occurs days after LPL Financial tapped a new head of recruiting.

Osaic names new CMO and Empowered Independence head
Osaic names new CMO and Empowered Independence head

Former PulteGroup and Citizens executives join the broker-dealer network after a year of senior leadership departures

RIA moves: Prospera lands $600M Cornerstone team in Rochester
RIA moves: Prospera lands $600M Cornerstone team in Rochester

Independent RIA Concurrent adds over $1B across six moves, while OnePoint BFG opens West Palm Beach with a $240M team

Creative Planning adds $2.2B fee-only RIA Rockbridge in Syracuse
Creative Planning adds $2.2B fee-only RIA Rockbridge in Syracuse

The mega-RIA keeps absorbing independent fiduciary firms as Cerulli data shows the fee-only segment losing asset share

SPONSORED Built on insurance experience to deliver on long-term promises

Knighthead Life entered the market with a competitive MYGA. A strong launch earned advisor confidence and paved the way for FIAs.

SPONSORED In the Age of AI, Trust Becomes the Advisor's Greatest Asset

As AI makes financial information more accessible than ever, Lana Hock explains why human judgment, trust, and empathy remain the qualities clients value most in a financial advisor