Prudential Pays $1 Million for Wrong Information on Fees in Retirement Plans

Posted on January 21st, 2020 at 3:01 PM
Prudential Pays $1 Million for Wrong Information on Fees in Retirement Plans

From the Desk of Jim Eccleston at Eccleston Law LLC:

The Financial Industry Regulatory Authority (“FINRA”) has fined Prudential $1 million for retirement plan investment-related violations.

According to FINRA, “During at least the period January 2010 to June 2017,” Prudential Investment Management Services (“PIMS”) “provided employer sponsors and employee participants, in retirement plans administered and maintained by the Prudential Retirement business unit … with inaccurate expense ratio information and historical performance information for numerous investment options in defined contribution plans” offered through group variable annuities (“VA”).

In addition, from at least October 2003 to December 2018, PIMS “provided inaccurate third-party ratings for investment options in retirement plan Group VAs,” FINRA said in the letter. The firm “made these misstatements in nine different types of communications, including customer statements and quarterly fact sheets”, according to FINRA.

Finally, from at least January 2004 to September 2019, in “multiple client-facing publications, PIMS provided performance data for money market funds available as investment options in retirement plans, but failed to provide ‘Seven-Day Yield’ information as required” by the SEC’s Rule 482(e) under the Securities Act of 1933, FINRA said.

Throughout the period of the violations, Prudential “did not have supervisory systems or written supervisory procedures reasonably designed to achieve compliance with the content standards of FINRA’s advertising rule by ensuring that its communications to customers about retirement plan investments and related investment options were accurate”, according to FINRA.

Without admitting or denying the findings, Prudential settled with FINRA on December 19 and consented to the fine, as well as censure and to comply with various requested initiatives designed to make the company compliant with FINRA rules.

The attorneys of Eccleston Law LLC represent investors and advisors nationwide in securities and employment matters. The securities lawyers at Eccleston Law also practice a variety of other areas of practice for financial investors and advisors including Securities FraudCompliance ProtectionBreach of Fiduciary DutyFINRA Matters, and much more. Our attorneys draw on a combined experience of nearly 65 years in delivering the highest quality legal services. If you are in need of legal services, contact us to schedule a one-on-one consultation today.

Related Attorneys: James J. Eccleston

Tags: james eccleston, eccleston law, eccleston law llc, eccleston, prudential, retirement plan, retirement violations, variable annuities

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

July 26, 2024
Kentucky Advisor Sues LPL Financial for Alleged Corporate Raid

A Kentucky advisor, Mark Lamkin, has filed a lawsuit against LPL Financial, claiming the independent broker-dealer orchestrated a corporate raid that resulted in the loss of his firm’s entire book of managed assets.

July 25, 2024
FINRA Plans Fee Increases Amid Rising Costs and Losses

The Financial Industry Regulatory Authority (FINRA) has announced plans to raise fees for its approximately 3,300 broker-dealer member firms. According to AdvisorHub, the self-regulator faces soaring costs, as detailed in its annual report published at the end of June.

July 24, 2024
Raymond James Settles with Oregon Over Excessive Commissions

Raymond James recently settled a case with Oregon's Division of Financial Regulation (“DFR”), agreeing to pay nearly $200,000 over allegations of charging excessive commissions to retail investors.