Investor Advocates Push SEC to Investigate Mandatory Arbitration Requirements by RIAs

Posted on May 31st, 2022 at 1:10 PM
Investor Advocates Push SEC to Investigate Mandatory Arbitration Requirements by RIAs

From the Desk of Jim Eccleston at Eccleston Law:

A coalition of investor advocates has asked the Securities and Exchange Commission (SEC) to investigate the use of mandatory arbitration clauses that RIAs typically include in their customer agreements. 

RIAs often require clients to agree to costly arbitration forums, and that tends to dissuade investors from pursing their claims, according to consumer advocacy groups. The investor advocates “are concerned that RIAs are not adequately disclosing their use of pre-dispute arbitration clauses, and may be disadvantaging investors by designating expensive forums, and otherwise limiting investors’ rights to pursue their claims”, according a letter sent by the coalition to SEC Chairman Gary Gensler. The Public Investors Advocate Bar Association, the Consumer Federation of America, and the Center for American Progress each signed the letter and serve as frequent critics of FINRA’s dispute resolution services. 

RIAs typically use private arbitration services such as the American Arbitration Association (AAA) and JAMS, which often charges clients thousands of dollars more than the FINRA system. The coalition additionally requested that the SEC gather arbitration information during RIA sweeps including the arbitration venues that are used, and whether the client agreements prohibit class actions or limit the types of claims that may be filed. 

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

 
 

Tags: eccleston law, sec, rias

Return to Archive

TESTIMONIALS

Previous
Next

 


It was really fun seeing you fight for us. You have an amazing way of thinking out of the box.


 

Beth M.

LATEST NEWS AND ARTICLES

October 2, 2024
SEC Charges Two South Florida Men for Defrauding Venezuelan-American Investors in $5 Million Scheme

The Securities and Exchange Commission (SEC) has filed a complaint against two South Florida men, Francisco Javier Malave Hernandez and Ricardo Javier Guerra Farias, for orchestrating a multi-million dollar investment fraud that targeted members of the Venezuelan-American community.

October 1, 2024
California Advisor Suspended and Fined for Churning Client Accounts

A veteran advisor in Santa Maria, California, Stewart "Paxton" Ginn, has been suspended for 18 months and fined $50,000 by FINRA, according to AdvisorHub

September 30, 2024
Bank of America and Merrill Lynch Settle with FINRA for Supervisory Failures

Bank of America and its subsidiary, Merrill Lynch, have agreed to a $3 million fine and censure as part of a settlement with FINRA over long-term supervisory failures.