FINRA Reintroduces Expungement Proposal After Substantial Pushback

Posted on May 11th, 2022 at 1:29 PM
FINRA Reintroduces Expungement Proposal After Substantial Pushback

From the Desk of Jim Eccleston at Eccleston Law:

After the Financial Industry Regulatory Authority (FINRA) withdrew a broker expungement proposal, the regulator has reversed course and now is recommending a “two-track approach”, which approach will include the Securities and Exchange Commission’s processes to adopt the rule. 

The previously withdrawn proposal would have designated a roster of arbitrators selected at random to adjudicate cases filed by advisors seeking expungement of client complaints. While the North American Securities Administrators Association (NASAA) and the Public Investors Advocate Bar Association (PIABA) commended some aspects of the proposal, their concerns prompted FINRA to “temporarily” withdraw the proposal last May. “FINRA’s Board of Governors continues to consider further changes to enhance the Special Roster Proposal. FINRA continues to believe it is important to pursue a two-track approach to improving the expungement process,” according to the regulator’s April 2022 discussion paper. FINRA CEO Robert Cook has additionally committed to work with the SEC, NASAA and other stakeholders to improve the rule.

According to FINRA, there were 5,365 cases resulting in customer arbitration awards between January 2016 and December 2021, and at least 4,500, or 84%, approved expungement requests by advisors. Critics of the current system view that rate as too high. Likewise, PIABA and NASAA believe expungement cases should be a more “adversarial” proceeding with more substantial involvement from the clients who filed the complaints. Some observe that the current process is similar to filing an unopposed motion in court because advisors file the case against their firms, which may or may not contest the filing. And while clients receive notice of the proceeding in the mail, they rarely testify or become involved in the matter.

Eccleston Law LLC represents investors and financial advisors nationwide in securities, employment, regulatory and disciplinary matters.

 
 
 

Tags:

Return to Archive

TESTIMONIALS

Previous
Next

I learned two important things working with Eccleston Law. First, I made a friend and ally with Jim and Steph for life. Secondly, and this is a crucial life lesson - if you need counsel, then seek out the very best. Jim was referred to me by a most trusted source. I've never had to hire an attorney for anything. Now, I know the value of hiring an important partner. Meticulous, thorough and detailed in preparation is the best way to describe Jim. Brilliant too, I might add. Bottom line, I would highly highly recommend Jim and Stephany for your legal needs. One of the best life decisions I've ever made.

Howard S.

LATEST NEWS AND ARTICLES

November 18, 2025
Former FINRA Brokers with Misconduct Histories Flock to Insurance Industry, According to Recent Study

A recent academic study reveals that thousands of brokers expelled from the securities industry for misconduct nonetheless continue to operate under state insurance licenses, often selling annuities and other financial products to unsuspecting clients.

November 17, 2025
FINRA Launches Targeted Probe into Small-Cap Foreign IPO Underwriters

The Financial Industry Regulatory Authority (FINRA) has launched a targeted investigation into broker-dealer firms that helped small foreign companies go public in the U.S., marking its latest move to combat pump-and-dump schemes.

November 14, 2025
FINRA Bars Former Edward Jones Broker in Crypto-Related Investigation

The Financial Industry Regulatory Authority (FINRA) has barred former Edward Jones representative Robert David Bienvenu for refusing to provide requested information and documents related to outside accounts and investments.