The DOL’s fiduciary rule faces another legal challenge

The DOL’s fiduciary rule faces another legal challenge
A coalition of trade associations including the Insured Retirement Institute, ACLI, and NAIFA has filed a civil suit against the contentious Retirement Security rule.
MAY 24, 2024

A coalition of insurance trade associations has filed a lawsuit against the US Department of Labor (DOL), seeking to overturn a regulation they argue limits consumer choice in financial professionals and restricts access to retirement products that offer protected lifetime income.

The plaintiffs in the civil lawsuit include the American Council of Life Insurers, the National Association of Insurance and Financial Advisors, and the Insured Retirement Institute. They collectively criticized the DOL's fiduciary standard, which they say imposes undue restrictions on nearly all financial professionals who sell retirement products.

In their legal filing, the associations asserted that the DOL’s fiduciary-only regulation is fundamentally flawed and unconstitutional. They argued that it mirrors the DOL's 2016 rule, which was previously struck down by the Fifth Circuit Court of Appeals.

"The legal action we are taking today comes after careful deliberation on what is in the best interest of the retirement savers we serve," the coalition said in a joint statement.

The lawsuit contends that the regulation overreaches the DOL's authority, calling it “arbitrary” and “capricious” as it ignores federal and state standards already in place for financial professionals working with retirement savers. "

“Our filing makes a convincing case that the DOL’s fiduciary-only regulation suffers from the same legal defects as the DOL’s failed 2016 rule," the associations said, echoing an argument made in an earlier lawsuit against the new fiduciary rule advanced by another group.

Critics of the rule emphasize that it could have significant negative impacts on retirement savers. They cite the adverse effects of the 2016 regulation, which resulted in more than 10 million American workers' accounts with $900 billion in savings losing access to professional financial guidance.

"Despite claiming to help consumers, the rule, in fact, will be a catastrophe for retirement savers," the associations claimed in their filing.

"By imposing on sales recommendations substantial burdens deemed counterproductive by other regulators, and by redefining essentially all commercial relationships in the retirement savings marketplace as fiduciary, the rule will drastically and unreasonably raise the costs of assisting consumers," the filing read

The coalition further maintained that the new rule disregards the progress made by state policymakers in protecting consumers. Since 2020, 45 states have adopted the revised NAIC suitability in annuity transactions model, which aligns with the SEC’s Reg BI rule.

"The DOL’s fiduciary regulation upends this progress and undermines the expertise of state authorities who are responsible for overseeing annuities," the associations stated.

The lawsuit, filed in the United States District Court for the Northern District of Texas, under the jurisdiction of the Fifth Circuit Court of Appeals, contends that the regulation imposes significant fiduciary burdens on typical sales conversations.

It argues that the DOL rule violates the First Amendment rights of financial professionals and consumers alike by restricting each party’s ability to give or receive beneficial and truthful information about retirement products.

"Put simply, the department’s current rule suffers from the same key legal defects as the 2016 rule," the lawsuit argued. "It exceeds the agency’s statutory authority. It is the product of a rushed, outcome-oriented process. It is arbitrary and capricious in multiple respects."

Latest News

The 2025 InvestmentNews Awards Excellence Awardees revealed
The 2025 InvestmentNews Awards Excellence Awardees revealed

From outstanding individuals to innovative organizations, find out who made the final shortlist for top honors at the IN awards, now in its second year.

Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty
Top RIA Cresset warns of 'inevitable' recession amid tariff uncertainty

Cresset's Susie Cranston is expecting an economic recession, but says her $65 billion RIA sees "great opportunity" to keep investing in a down market.

Edward Jones joins the crowd to sell more alternative investments
Edward Jones joins the crowd to sell more alternative investments

“There’s a big pull to alternative investments right now because of volatility of the stock market,” Kevin Gannon, CEO of Robert A. Stanger & Co., said.

Record RIA M&A activity marks strong start to 2025
Record RIA M&A activity marks strong start to 2025

Sellers shift focus: It's not about succession anymore.

IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients
IB+ Data Hub offers strategic edge for U.S. wealth advisors and RIAs advising business clients

Platform being adopted by independent-minded advisors who see insurance as a core pillar of their business.

SPONSORED Compliance in real time: Technology's expanding role in RIA oversight

RIAs face rising regulatory pressure in 2025. Forward-looking firms are responding with embedded technology, not more paperwork.

SPONSORED Advisory firms confront crossroads amid historic wealth transfer

As inheritances are set to reshape client portfolios and next-gen heirs demand digital-first experiences, firms are retooling their wealth tech stacks and succession models in real time.