Excessive-fee suit targeting $9 million 401(k) plan could be 'harbinger' for industry

Excessive-fee suit targeting $9 million 401(k) plan could be 'harbinger' for industry
Lawsuit is perhaps the first example targeting small retirement plans.
MAY 31, 2016
A new class-action lawsuit targeting excessive 401(k) fees in a $9 million plan could herald a new frontier of sorts in this type of litigation. The suit, Damberg et al v. LaMettry's Collision Inc. et al, alleges plan fiduciaries breached their duties under the Employee Retirement Income Security Act of 1974 for allowing excessive fees to be charged for investments and record keeping and administration. Defendants, including the president and chief financial officer of Minnesota-based LaMettry's, didn't engage in a prudent process to evaluate service providers and assess reasonableness of fees, the complaint said. That ultimately resulted in plan participants overpaying hundreds of thousands of dollars, according to the suit, filed May 18 in the U.S. District Court for the District of Minnesota. A request for comment from Joanne LaMettry, the firm's president, was not returned by press time. Madia Law is representing the plaintiffs. Whereas excessive-fee suits have traditionally targeted mega-sized defined contribution plans with billions of dollars, the LaMettry's 401(k) plan is significantly smaller — it had $9.2 million in assets and 114 active participants as of 2014. This suit could mean small- and mid-sized 401(k) plans — where the bulk of retirement plan advisers operate — are now coming into the crosshairs of the plaintiff's bar, said Marcia Wagner, principal of The Wagner Law Group. “If this case is the harbinger of something else, I think it's very significant for the industry,” she said, adding that the LaMettry's plan is the smallest plan “by multiples” that she has seen sued for excessive 401(k) fees. “This may well be a test case,” Ms. Wagner said. Litigation involving 401(k) plans has ramped up since the end of last year, with some attorneys noting this has been the most active period for new suits in recent memory. Indeed, another excessive-fee suit, against M&T Bank Corp., which has a nearly $2 billion plan, was filed earlier this month.

Latest News

Merrill to pay $39 million in cash sweep settlement
Merrill to pay $39 million in cash sweep settlement

The financial advice industry has been facing inquiries into its cash sweep programs for years now.

SEC accuses fund advisor of defrauding SpaceX, OpenAI investors
SEC accuses fund advisor of defrauding SpaceX, OpenAI investors

Investor money allegedly went to strip clubs, exotic cars, and landscaping

RIA moves: Savant enters Thousand Oaks as Procyon lands in New Jersey
RIA moves: Savant enters Thousand Oaks as Procyon lands in New Jersey

Procyon adds $415 million in assets under management in New Jersey while Savant picks up a $213 million Southern California planning firm

Beyond sell or inherit: A third exit for appreciated property
Beyond sell or inherit: A third exit for appreciated property

With a growing number of real estate-rich Baby Boomers aging into retirement, some advisors may be failing to consider all the options available for those clients' assets.

AI marketing adoption gap costs financial firms revenue
AI marketing adoption gap costs financial firms revenue

Cornerstone Advisors study reveals compliance bottlenecks stall campaigns weeks after customer opportunities close.

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

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