DOL’s fiduciary rule faces first legal challenge

DOL’s fiduciary rule faces first legal challenge
Lawsuit filed in Texas federal court argues that the agency “has exceeded its authority,” acting inconsistently with ERISA’s intent.
MAY 03, 2024

Several weeks after the DOL finalized its fiduciary rule, a contingent of critics have taken legal action in an attempt to get the rule quashed.

The action, filed in Texas federal court, was launched by a coalition that includes the Federation of Americans For Consumer Choice, an organization representing independent insurance professionals.

The rule, released in its final form by the DOL late last month, seeks to redefine what constitutes fiduciary advice under ERISA. As the agency explained, the rule aims to guard retirement investors against biased investment recommendations and conflicts of interest.

Acting Labor Secretary Julie Su, named as a co-defendant in the lawsuit, underscored the rule's intent to enhance protections for investors transferring assets from employer-based plans to IRAs.

While supporters of the rule praise its focus on protecting investors’ interests, detractors have fired back, saying the rule would effectively kneecap a large number of advisors’ ability to provide financial advice and make recommendations to Main Street investors.

“We continue to have significant concerns about the potential impact of the Department of Labor’s (DOL) final fiduciary rule on access and choice for American retirees to certain life insurance and annuity products,” the National Association of Insurance Commissioners said in the wake of the final rule’s publication.

“These products have been recognized by multiple Administrations of both political parties as an important option for retirees to manage their risk of outliving their savings,” NAIC said.

In the new Texas lawsuit, the plaintiffs contend that the new rule is a warmed-over rehash of an Obama-era fiduciary definition previously overturned by the Fifth Circuit in 2018. They argued that the rule unfairly broadens the fiduciary responsibilities of financial professionals, even for occasional advice given in routine transactions.

“[T]he 2024 Fiduciary Rule is inconsistent with the intent of Congress as expressed in ERISA, and the DOL has exceeded its authority and acted arbitrarily and capriciously in promulgating both the 2024 Fiduciary Rule and amended PTE 84-24,” the lawsuit said.

"The DOL refuses in this relentless policy-driven quest to be constrained by ERISA and clear-cut decisions by the courts," it said.

Pushing back against the perceived federal overreach, the Federation of Americans For Consumer Choice highlighted concerns that even single touchpoints of providing investment advice could now trigger fiduciary obligations.

Latest News

Ric Edelman, ex-Orion CEO Eric Clarke join board for TaxStatus
Ric Edelman, ex-Orion CEO Eric Clarke join board for TaxStatus

Two longtime RIA industry figures have joined the board of directors at TaxStatus, a fintech company that garners thousands of IRS data points on clients to share with advisors for improved financial planning oversight and time savings.

Andy Sieg faces internal HR investigation into conduct at Citigroup: Report
Andy Sieg faces internal HR investigation into conduct at Citigroup: Report

Sieg, 58, was head of Merrill Wealth Management, left in 2023 and returned that September to Citigroup, where he worked before being hired by Merrill Lynch in 2009.

Advisor moves: Wells Fargo FiNet, LPL Financial, Raymond James, Janney, Ameriprise
Advisor moves: Wells Fargo FiNet, LPL Financial, Raymond James, Janney, Ameriprise

Firms announce new recruits including wirehouse breakaways.

Ashton Thomas-linked Amplify debuts QuantumRisk to help RIAs weather market shocks
Ashton Thomas-linked Amplify debuts QuantumRisk to help RIAs weather market shocks

"QuantumRisk, by design, recognizes that these so-called "impossible" events actually happen, and it accounts for them in a way that advisors can see and plan for," Dr. Ron Piccinini told InvestmentNews.

Turning conversations into clients: Attract prospects and gain new clients with these five strategies
Turning conversations into clients: Attract prospects and gain new clients with these five strategies

Advisors who invest time and energy on vital projects for their practice could still be missing growth opportunities – unless they get serious about client-facing activities.

SPONSORED How advisors can build for high-net-worth complexity

Orion's Tom Wilson on delivering coordinated, high-touch service in a world where returns alone no longer set you apart.

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.