VCA Inc. latest to face 401(k) class action

VCA Inc. latest to face 401(k) class action
VCA participants paid annual record-keeping fees of up to $105, while some comparably sized 401(k)s have fees closer to $38, plaintiffs claim.
NOV 29, 2021

VCA Inc., which operates a chain of veterinary hospitals, is being sued over its former 401(k) plan, with plaintiffs in the proposed class action alleging excessive administrative fees.

In the case filed last Monday in U.S. District Court for the Central District of California, law firms Ahdoot & Wolfson and the Roberts Law Firm claim that VCA breached its duty of prudence and failed to monitor fiduciaries.

Between 2015 and 2020, the record-keeping fees paid by participants annually were as high as $105, while some comparably sized 401(k)s have annual fees closer to $38, according to the complaint. The higher-than-necessary fee arrangement, which included revenue sharing paid through mutual fund fees to the record keeper, Prudential, was the result of VCA's not having solicited requests for proposals from vendors, the law firms stated.

“Had defendants conducted an RFP for record-keeping services or merely solicited competitive bids, they would have learned … that other record-keeping providers, as well as Prudential, offered the same or similar record-keeping and administrative services provided by Prudential for less than half of what the plan paid in direct compensation,” the complaint read. “Defendants’ failure to conduct an RFP for many years and during the class period was a breach of their fiduciary duty to prudently monitor plan fees and assure such fees were reasonable, and caused harm to the plan and its participants.”

The plan represented more than 11,600 participants as of the end of 2019 and had more than $563 million in assets. However, the plan was merged last year with the larger Mars Veterinary Health 401(k) Savings Plan, which according to data from the Department of Labor represented about $859 million among 2,400 participants. That followed Mars’ 2017 acquisition of VCA.

VCA, which itself has built a business on acquiring veterinary hospitals, medical imaging equipment and dog daycare centers, did not immediately respond to a request for comment.

Latest News

Investors win lawsuit against Atlanta B-D over tax shelter investment, potentially a first
Investors win lawsuit against Atlanta B-D over tax shelter investment, potentially a first

InvestmentNews reported in 2017 that the IRS was scrutinizing the tax shelter land deals, called syndication conservation easements.

Pontera unveils non-discretionary advice tools in continued retirement platform buildout
Pontera unveils non-discretionary advice tools in continued retirement platform buildout

Advisors gain a second workflow for 401(k) guidance as the fintech expands beyond bulk rebalancing, backed by new policy research on advice access.

HSA balances hit record high, but are clients using them wrong?
HSA balances hit record high, but are clients using them wrong?

New data shows most people do not have enough saved to cover costs and are not fully utilizing their accounts.

Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth
Advisor moves: LPL, Cetera, Raymond James, NewEdge Wealth

Firms announce new recruits this week, with teams overseeing hundreds of millions in client assets switching affiliations.

Stratos Wealth adds $400M with RPI Financial Life Planners
Stratos Wealth adds $400M with RPI Financial Life Planners

It’s the 12th deal for Stratos since SEI's investment and follows 11 acquisitions worth $4.8B in 2025.

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