Capital Group, sponsor of American Funds, wins 401(k) lawsuit

Decision comes as financial services companies, especially those focused on active management, have been sued for self-dealing.
JAN 26, 2018

Capital Group, which sponsors the American Funds brand of investment products, has won a lawsuit alleging the company profited at the expense of its employees by loading its 401(k) plan with costly in-house funds. The decision was sure to be welcome news to other financial services companies, which have had to defend against an onslaught of similar excessive-fee lawsuits within the past few years but haven't seen much success. Plaintiffs in the Capital Group case alleged that more than 90% of the plan's investment options were "unduly expensive" proprietary investments, and that the company could have used a less costly share class of funds, according to the ruling. California district court judge Dale S. Fischer disagreed, saying the allegations "are not sufficiently plausible to survive a motion to dismiss." "Unquestionably, fiduciaries need not choose the cheapest fees available to the exclusion of other considerations," the judge wrote in the ruling Tuesday. Tom Joyce, a Capital Group spokesman, said the company is "pleased with the judge's order, and agrees with the ruling." Attorneys at the law firm Keller Rohrback, which represented plaintiffs, didn't respond to a request for comment by press time. The judge said plaintiffs may file an amended complaint for consideration by Feb. 20. (More: Jerry Schlichter's fee lawsuits have left an indelible mark on the 401(k) industry) The Capital Group case — D'Ann M. Patterson v. The Capital Group Companies Inc. et al — was filed in June 2017 and comes as litigation over excessive retirement plan fees has expanded even beyond financial services companies and large private-sector employers to universities, unions, small employers and advisers. Prominent fund companies such as BlackRock Inc., Franklin Templeton Investments and American Century Investments have been among the targets. In all, there have been roughly 20 financial services firms sued, said Duane Thompson, senior policy analyst at fi360 Inc., a fiduciary consulting firm. While some — including ones against Wells Fargo & Co. and Putnam Investments — have been dismissed, judges have allowed most cases to move forward, Mr. Thompson said. "A lot of judges have declined motions to dismiss, including at least five other proposed class actions," he said. "I think this one is notable in that it's only one of a few that's been dismissed." Others sued for self-dealing, including TIAA and New York Life, have settled their cases, for $5 million and $3 million, respectively.

Latest News

MAI Capital pushes into Atlanta with Waypoint Wealth deal
MAI Capital pushes into Atlanta with Waypoint Wealth deal

Fueled by a recent shot in the arm from private equity firm Carlyle, MAI adds a $490 million Atlanta RIA as it keeps building out its national footprint.

Georgia advisor gets maximum – 20 years – for $400 million Ponzi
Georgia advisor gets maximum – 20 years – for $400 million Ponzi

“Todd Burkhalter organized what is likely the largest Ponzi scheme in Georgia history,” said one FBI official.

Carson taps Osaic recruiting veteran as independent channel expansion continues
Carson taps Osaic recruiting veteran as independent channel expansion continues

With experience from Goldman Sachs and TD Ameritrade, the RIA's newest SVP hire adds to a recent wave of executive departures from hybrid Osaic.

Mesirow acquires part of flexPATH in second retirement deal of 2026
Mesirow acquires part of flexPATH in second retirement deal of 2026

Chicago-based Mesirow Fiduciary Solutions adds flexPATH's plan-level outsourced fiduciary book, boosting its retirement market reach to $164 billion.

Advisor moves: LPL lands $350M veteran advisor duo in Florida
Advisor moves: LPL lands $350M veteran advisor duo in Florida

Also, Raymond James's employee advisor channel adds breakaways from Wells Fargo and Stifel, while UBS welcomes an ex-Morgan Stanley duo in Indiana.

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