Finra appeals loss in Schwab arbitration case

Don't crank out those arb contracts just yet. Finra is challenging a ruling that OK'd waiver contracts, in which a client signs away the right to file a class-action lawsuit.
APR 17, 2013
Finra is appealing a hearing panel decision it lost last week that upheld Charles Schwab & Co. Inc.'s use of arbitration agreements that force customers to bring all disputes into Finra-run arbitration forums. Financial Industry Regulatory Authority Inc. spokeswoman Michelle Ong said the appeal was filed today with its internal appeal board, the National Adjudicatory Council. The self-regulator brought charges against Schwab a year ago, claiming that Schwab's arbitration agreement violated Finra rules ensuring that customers can pursue class action claims in lieu of arbitration. In a ruling last Thursday, the hearing panel said the Federal Arbitration Act prevents Finra from enforcing those rules. The ruling, if ultimately upheld, will end class claims for investors who have signed arbitration agreements like Schwab's, because Finra's arbitration forum will not accept class actions. News of the appeal was reported earlier by Reuters.

Latest News

Vanguard settled Just Invest lawsuit weeks before Altruist deal
Vanguard settled Just Invest lawsuit weeks before Altruist deal

Both of Vanguard's acquisitions have targeted the RIA industry, but the first ended in a legal settlement just weeks before buying Altruist.

Ex-Raymond James duo launch Proxima on Concurrent's platform
Ex-Raymond James duo launch Proxima on Concurrent's platform

Chris Davitt and Anupam Singh bring institutional recruiting muscle to a firm built for advisors chasing equity and independence.

Osaic names Sayee Bellamkonda as first chief AI and technology officer
Osaic names Sayee Bellamkonda as first chief AI and technology officer

Appointment continues a wave of AI leadership hires reshaping wealth management as advisory firms race to build out digital and data infrastructure.

Inspired Healthcare CEO Luke Lee facing financial microscope
Inspired Healthcare CEO Luke Lee facing financial microscope

Creditors ask for a raft of financial documents, from bank statements to W2s, in latest bankruptcy case filing.

Practifi rolls out AI CRM amid RIA tech arms race
Practifi rolls out AI CRM amid RIA tech arms race

Sentir joins a wave of AI-native launches as RIA firms seek a competitive edge from CRMs and artificial intelligence use.

SPONSORED Direct indexing webinar targets tax-loss harvesting amid market swings

Northern Trust’s Ken Lassner shows advisors how to convert volatility into after-tax portfolio gains

SPONSORED Who builds the income when the pension disappears?

Dan Biagini of American Equity says the steady decline of pensions, longer lifespans and a reset in interest rates are rewriting how advisors build retirement income