One hand washed the other - until now

JUL 27, 2014
Kudos to the SEC for signing off on a rule that should make it more difficult for brokers to erase customer complaints from their records in arbitration cases that are settled. The Securities and Exchange Commission last Wednesday authorized the Financial Industry Regulatory Authority Inc. to implement Rule 2081, which prohibits brokers from making settlements of customer disputes contingent on the claimant's agreement not to oppose expungement of the dispute from the brokers' public record. The rule is in response to complaints from plaintiff's attorneys and some members of Congress that too many brokers were getting disciplinary actions wiped from their records by arbitrators.

PACT OF SELF-INTEREST

Indeed, brokers would strike a settlement with a wronged investor contingent on that investor's agreeing not to oppose the broker's application for expungement. Since the monetary award was often more important to an investor than the broker's disciplinary record, investors usually signed off, paving the way for the brokers to have their disciplinary slates wiped clean. The new rule helps ensure that brokers are only able to erase customer complaints in extreme cases. That said, there is likely more work to do. In its decision, the commission encouraged Finra to “conduct a comprehensive review of its expungement rules and procedures to determine whether additional rule making is necessary or appropriate to assure that expungement in fact is treated as an extraordinary remedy.”

TAKE A HARDER LOOK

Along those lines, we implore Finra to take steps to strengthen training of its nearly 6,500 arbitrators on the expungement process and to scrutinize expungement requests far more closely than it has in the past. It is incumbent upon Finra to make sure it has policies and procedures in place that make expungement the exception rather than the rule in cases involving settlements. Investors have a right to see records of customer complaints involving their brokers. After all, they are entrusting these brokers with their hard-earned savings — not to mention their retirement hopes and dreams.

Latest News

Advisor moves: LPL nabs $1B Northwestern team in Seattle
Advisor moves: LPL nabs $1B Northwestern team in Seattle

Elsewhere, Raymond James absorbs a family-run practice from Commonwealth into its independent channel, while RBC welcomes a father-son tandem formerly from UBS.

Social Security COLA rises to 3.6% for 2027, largest since 2023
Social Security COLA rises to 3.6% for 2027, largest since 2023

Fuel-driven inflation drove the supersized adjustment, but advocates say retirees are still losing ground as trust fund insolvency nears.

Retirement advisors have a major small business opportunity
Retirement advisors have a major small business opportunity

State mandates and plan complexity are opening doors for financial advisors in the 401 market.

Most pre-retirees are planning without a planner - and it shows
Most pre-retirees are planning without a planner - and it shows

New LIMRA data reveal a stubborn advice gap that financial professionals are well-positioned to close.

Treasury hits BofA with $1.2B fine over money laundering violations
Treasury hits BofA with $1.2B fine over money laundering violations

“Today’s actions send a clear message that even the biggest financial institutions are not above the law,” said Treasury Secretary Scott Bessent.

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