Massachusetts judge strikes down state’s fiduciary rule

Massachusetts judge strikes down state’s fiduciary rule
Michael Kitces says Massachusetts chief securities regulator William Galvin misfired by trying to impose fiduciary duty on brokers. Robinhood celebrates its win.
MAR 31, 2022

A Massachusetts judge Wednesday struck down a regulation imposing fiduciary duty on brokers in the state.

The ruling came in a case brought against the state’s top securities regulator, William Galvin, by the online brokerage Robinhood Financial, an arm of Robinhood Financial Markets Inc. Robinhood filed its suit in April 2021 in response to a suit filed by Galvin in December 2020.

Galvin argued that Robinhood’s practices in its online trading app violated a state investment-advice rule that went into force in September 2020. The regulation imposed a fiduciary duty on brokers, a standard that's not currently applied to them, and required brokers to make financial recommendations without regard to their own financial interests.

The court loss dealt a blow to Galvin’s effort to establish an advice standard that he asserted was higher than Regulation Best Interest, the broker standard established by the Securities and Exchange Commission.

A leading financial planner said Galvin, an aggressive state regulator, misfired with his rule.

“We don't need to apply a fiduciary standard to broker-dealers providing advice to lift standards,” Michael Kitces, head of planning strategy at Buckingham Wealth Partners, tweeted Thursday. “We simply need to clarify the line when a broker providing advice triggers [registered investment adviser] status. And then the advice will be regulated as fiduciary under current law!”

https://twitter.com/MichaelKitces/status/1509529845667184643?ref_src=twsrc%5Etfw

Kitces is co-founder of the XY Planning Network, an online platform of financial planners. The group is advocating that a bright line be drawn between brokers and investment advisers, who owe a fiduciary duty to clients.

“In other words, let brokers be brokers and advisers be advisers (the alternative approach that @XYPlanning advocated for Massachusetts in the first place), and regulate each according to their own standards,” Kitces tweeted.

Under the ruling, Galvin can still pursue charges against under brokerage laws, Kitces said.

“The only issue here is that it’s not a fiduciary advice issue,” he tweeted.

In his December 2020 complaint, Galvin alleged that Robinhood targeted young people with little investment experience and used gamification strategies to entice them to make repeated trades. He said that violated the state’s fiduciary rule, which requires brokers to make recommendations without regard to their own financial interests.

Robinhood argued in its suit against Galvin that Massachusetts investment advice rule is invalid under state and federal law.

On Wednesday, Suffolk County Superior Court Judge Michael Ricciuti ruled that Galvin had exceeded his authority in promulgating the fiduciary rule and that the measure was invalid.

Ricciuti held that the Massachusetts regulation improperly overrode the state’s common law for determining brokers’ duties to their customers. Ricciuti also said Galvin acted outside the bounds of his office by implementing an investment-advice rule that conflicted with the Securities and Exchange Commission’s Regulation Best Interest, the broker conduct standard.

Robinhood celebrated its win in court.

“The Massachusetts Securities Division has consistently mischaracterized and disparaged Robinhood’s platform and customers without any legal basis,” Dan Gallagher, Robinhood's chief legal and corporate affairs officer, said in a statement. “As the Court made clear, the Secretary's decision to act unilaterally and reject any effort at coordinating with federal and state authorities ‘supports the conclusion that by adopting the Fiduciary Duty Rule, the Secretary acted beyond his delegated authority.’”

Judge Ricciuti stayed his order for 30 days to allow Galvin to appeal.

“We are reviewing the decision and considering our options,” Debra O’Malley, a spokesperson for Galvin, wrote in an email.

Latest News

Wall Street products, Main Street regulators
Wall Street products, Main Street regulators

How we got here – and what to do about it

Most Americans are OK with AI managing their money - but not how you think
Most Americans are OK with AI managing their money - but not how you think

AI trust gap: Americans want protection, not autonomy, in their finances

Goldman Sachs names record partner class with wealth in focus
Goldman Sachs names record partner class with wealth in focus

One in three of Goldman's 109 new partners comes from asset and wealth management, signaling the division's growing strategic weight.

Advisor moves: Raymond James, Ameriprise and Cetera land $2B-plus in talent
Advisor moves: Raymond James, Ameriprise and Cetera land $2B-plus in talent

Three firms secure experienced wealth management teams as advisor recruiting competition intensifies across the US.

RIA moves: Tech-focused RIA BKFi expands with first acquisition
RIA moves: Tech-focused RIA BKFi expands with first acquisition

San Diego advisory team brings private bank expertise and $225M in assets as the firm targets technology professionals nationwide.

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