PIABA finds arbitrators grant expungement 90% of the time

PIABA finds arbitrators grant expungement 90% of the time
Lawyers group says regulators and the customers who had complaints should be able to present evidence in expungement requests.
MAY 18, 2021

The Public Investors Advocate Bar Association released a report on recent expungement awards on Tuesday and renewed its call for the Financial Industry Regulatory Authority Inc. to change the way it handles expungements.

PIABA has asked the Securities and Exchange Commission not to approve arbitration rule changes proposed by Finra.

Analyzing 700 expungement awards from Aug. 1, 2019, to Oct. 31, 2020, PIABA found that arbitrators granted expungement requests 90% of the time.

“The data show that the reason is that Finra’s arbitration process allows brokers and brokerage firms to make expungement requests to arbitrators that are unopposed the vast majority of the time,” PIABA said in its study.

“The solution is simple,” the study continued. “To effectively prevent expungements of valid customer complaints, Finra must provide a meaningful opportunity for those with an interest in the outcome of the expungement request, e.g., securities regulators and the customers who submitted the complaints, to present evidence opposing expungement, when appropriate.”

PIABA said that while Finra’s current rule proposal purports to stop the abusive tactics used by brokers and brokerage firms in arbitration proceedings that were identified in a 2019 PIABA study, the proposed changes will not decrease the high percentage of expungements being granted.

The 2019 study looked at expungement-only arbitration cases filed from 2015 to 2018 and found that expungement was granted 81% of the time in 2018, down from 93% in 2015. An expungement-only case is one in which brokers initiate an action against their own firms without naming a customer.

Latest News

Maryland bars advisor over charging excessive fees to clients
Maryland bars advisor over charging excessive fees to clients

Blue Anchor Capital Management and Pickett also purchased “highly aggressive and volatile” securities, according to the order.

Wave of SEC appointments signals regulatory shift with implications for financial advisors
Wave of SEC appointments signals regulatory shift with implications for financial advisors

Reshuffle provides strong indication of where the regulator's priorities now lie.

US insurers want to take a larger slice of the retirement market through the RIA channel
US insurers want to take a larger slice of the retirement market through the RIA channel

Goldman Sachs Asset Management report reveals sharpened focus on annuities.

Why DA Davidson's wealth vice chairman still follows his dad's investment advice
Why DA Davidson's wealth vice chairman still follows his dad's investment advice

Ahead of Father's Day, InvestmentNews speaks with Andrew Crowell.

401(k) participants seek advice, but few turn to financial advisors
401(k) participants seek advice, but few turn to financial advisors

Cerulli research finds nearly two-thirds of active retirement plan participants are unadvised, opening a potential engagement opportunity.

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.

SPONSORED Beyond the dashboard: Making wealth tech human

How intelliflo aims to solve advisors' top tech headaches—without sacrificing the personal touch clients crave