Tr?id=566623520170033&ev=PageView&noscript=1

Industry Groups Press Senate at Advance Financial Exploitation Prevention Act

Posted on December 19th, 2025 at 1:03 PM
Industry Groups Press Senate at Advance Financial Exploitation Prevention Act

From the desk of Jim Eccleston at Eccleston Law

Several industry associations are urging the U.S. Senate to pass the Financial Exploitation Prevention Act, legislation that would allow mutual fund companies and their transfer agents to delay redemptions when they reasonably suspect elder financial abuse. According to InvestmentNews, the industry associations sent a joint letter, dated Nov. 21, to Senators Bill Hagerty (R-Tenn.) and Ruben Gallego (D-Ariz.), who reintroduced the bipartisan bill in September.

According to the letter, the proposal primarily would affect transactions involving mutual funds. The signatories emphasized the scope of the problem, noting estimates that one in five Americans over age 65 has experienced financial exploitation. The groups argued that the bill would create a critical safeguard by permitting a registered investment company or transfer agent to pause a redemption request if it believes exploitation of a senior or vulnerable investor prompted the transaction.

In addition to the CFP Board, industry associations include the American Securities Association, Financial Planning Association, Financial Services Institute, Finseca, Investment Adviser Association, Investment Company Institute, Insured Retirement Institute, National Association of Insurance and Financial Advisors, National Association of Personal Financial Advisors, and the Securities Industry and Financial Markets Association.

Data cited by InvestmentNews underscores the urgency behind the push. The FBI’s latest internet crime report found that Americans age 60 and older lost $4.88 billion to fraud in 2024, a 43 percent increase from the prior year. Complaints from that age group rose 46 percent to 147,127, while an AARP report estimated that criminals steal $28 billion annually from U.S. adults 60 and older.

Advisors say the bill would address a critical gap in current protections. Ben Simerly, an advisor at Lakehouse Family Wealth, told InvestmentNews that professionals often identify suspected exploitation but lack the authority to stop a transaction. He said the legislation would allow each link in the financial chain to pause activity while regulators review the matter.

The CFP Board stated that the act would empower the Securities and Exchange Commission to make legislative and regulatory recommendations to combat exploitation of seniors and other vulnerable adults. The proposal also would authorize state regulators, courts, and administrative agencies to delay redemptions to conduct investigations.

The Investments & Wealth Institute (IWI) echoed that view, telling InvestmentNews that rules designed to protect seniors serve as essential tools to curb abuse.

 

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

Tags: eccleston, eccleston law

Return to Archive

TESTIMONIALS

Previous
Next
Quotes Bigger

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

1787592120 Law
August 24, 2026
Sophisticated Voice Phishing Attacks Target Major Wall Street Firms

According to ThinkAdvisor, hackers recently launched a series of sophisticated cyberattacks against major Wall Street firms, including prominent hedge funds and private equity companies.

1787342003 Law
August 21, 2026
Rising Market Leverage Raises Concerns About Financial Stability Despite Low Volatility

The leverage that has helped drive the U.S.

1787244289 Law
August 20, 2026
FinCEN Imposes Record $125 Million Penalty on UBS Financial Services

The Financial Crimes Enforcement Network (FinCEN) has imposed a $125 million civil money penalty against UBS Financial Services Inc.