State regulators say brokers must step up prevention of elder financial abuse

Coordinated exams in 20 states reveal need to improve policies, procedures to protect seniors.
SEP 12, 2016
Some brokers have not taken steps to protect senior investors from abusive sales practices, according to preliminary results of coordinated exams in 20 states. In 20% of 62 exams, the firm reviewed had not established written policies or procedures in four key areas: addressing the suitability of sales to senior investors, communicating with them, and responding to either suspected abuse or signs of faltering mental capability. In the other 80% of exams, brokerages had written policies in at least one area. Only 39% had policies for all of them. (More: House passes bill to protect advisers reporting elder financial abuse) The findings, which were released Sunday at the North American Securities Administrators Association annual conference in Providence, R.I., gave state regulators reason for both hope and worry. “The preliminary results suggest firms are taking this issue very seriously,” said Andrew Hartnett, Missouri securities commissioner and chair of the NASAA broker-dealer section. “But it's hard not to be alarmed by a statistic like 20% of exams indicating no policies or procedures related to senior investors.” NASAA released Monday a guide to help financial advisers develop practices for recognizing weakened mental states in clients and for reporting and combating abuse. The coordinated examination is another step state regulators have taken to emphasize senior financial exploitation. NASAA also has issued a model rule that has been adopted by four states. The 62 exams involved 39 unique firms, and some states did identify the firms that were reviewed. Most of the assessments were conducted at branch or non-branch offices rather than the broker's home office. Brokers conducted training programs for working with senior clients in 62% of the exams. More than 72% of the exams showed that firms had written suitability procedures pertaining to elderly clients. UNSUITABLE INVESTMENTS But approximately 10% of the exams flagged potentially unsuitable recommendations to senior clients. The products most frequently involved were variable annuities. Other products that raised suitability concerns were leveraged and inverse exchange-traded funds. About 30% of suitability red flags involved equities. State regulators are interested in whether training surrounding sales is making a difference throughout a brokerage. “Is training working and filtered to branch offices?” said Brett O'Neil, an attorney in the Montana Securities Department. SENIOR DESIGNATIONS The exams also revealed that brokerages are lax in permitting the use of senior designations that purportedly show a financial adviser has expertise in senior investments. About one-third of exams involved a firm that allows senior designations, but almost 48% of those firms did not maintain a list of approved credentials, and 25% of them didn't have procedures to approve the credentials. “Firms allowing use of senior designations may need greater controls in this area,” said Pamela Epting, deputy commissioner of the Florida Office of Financial Regulation. TRUSTED CONTACTS Brokerages also lagged in identifying people connected to elderly clients who could be contacted in case the client demonstrated diminished mental capacity or there were signs of potential financial exploitation. About 39% of exams showed that the firm used a trusted contact form and less than 15% of elderly clients had completed such a form. (More: Three states make elder-financial-abuse reporting mandatory) “There seems to be great opportunity for the industry to improve this area of client communication,” Ms. Epting said. The coordinated exams are ongoing, and it's unclear when a final report will be released.

Latest News

FINRA cuts exam retake waiting periods for aspiring brokers
FINRA cuts exam retake waiting periods for aspiring brokers

Shorter waits for failed SIE and Series 7 candidates take effect Jan. 19, speeding the path to registration

Advisor moves: Ameriprise lands three RBC teams with $1.2B; Wells hails $900M recruiting haul
Advisor moves: Ameriprise lands three RBC teams with $1.2B; Wells hails $900M recruiting haul

Raymond James and Cetera also welcomed advisors from UBS and LPL as competition for experienced teams stays fierce

Atlanta B-D Arkadios Capital pays $500K to settle investor lawsuit involving former broker.
Atlanta B-D Arkadios Capital pays $500K to settle investor lawsuit involving former broker.

Jim Walesa worked in the securities industry for 39 years before leaving in 2021.

A tale of two consumers: The growing divide between Wall Street and Main Street
A tale of two consumers: The growing divide between Wall Street and Main Street

As the market turned from pricing in cuts to betting on hikes this year, the developing reality of a K-shaped economy has had real implications for households and investors alike.

Primerica alleges Osaic Wealth raided branch office and poached six advisors
Primerica alleges Osaic Wealth raided branch office and poached six advisors

Alleged cash payments, stolen client data, and a court that jumped the gun

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