SEC Advised To Alter Plan Addressing Onerous RIA Arbitration Clauses and Other Senior Protection Issues

Posted on October 21st, 2022 at 1:21 PM
SEC Advised To Alter Plan Addressing Onerous RIA Arbitration Clauses and Other Senior Protection Issues

From the Desk of Jim Eccleston at Eccleston Law.

The Securities and Exchange Commission (SEC) has been urged by several organizations to address investment advisory firms’ use of mandatory arbitration to settle client disputes as well as threats to older investors in its regulatory agenda for the next four years.

The SEC published a strategic plan in August intended to guide the agency’s regulatory oversight between 2022 and 2026. Several organizations, such as the Public Investors Advocate Bar Association (PIABA), provided input recommending that the SEC focus its oversight on how firms require their clients to exclusively use private arbitration forums to file complaints.

Additionally, the AARP has noted its displeasure with the SEC for excluding on its agenda ways to protect senior investors. The AARP is urging the SEC to form an advisory committee to analyze and respond to issues impacting older investors.

Finally, the Chamber of Commerce has raised concerns about the SEC’s enforcement plan in its regulatory agenda in an effort to avoid rulemaking by enforcement. “The SEC must provide clear ‘rules of the road’ for businesses — particularly small and startup businesses – and not use enforcement as a vehicle to establish de facto rules”, according to Tom Quaadman, Chamber executive vice president.

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

Tags: eccleston, eccleston law, advisors, law, sec

Return to Archive

TESTIMONIALS

Previous
Next

I cannot thank you enough for your guidance. It's a good feeling knowing someone is fighting for you.

Matt J.

LATEST NEWS AND ARTICLES

February 6, 2026
Delaware Regulators Fine Kovack Advisors $985,000

Kovack Advisors Inc., the registered investment adviser affiliate of independent broker-dealer Kovack Securities Inc., agreed to pay a $985,000 fine to Delaware securities regulators.

February 5, 2026
FINRA Fines Broker-Dealer for Repeated Form CRS Disclosure Failures

The Financial Industry Regulatory Authority (FINRA) fined VSI Securities Inc., formerly known as Venecredit Securities Inc., $20,000 for failing to accurately disclose the firm’s disciplinary history in its customer relationship summary, known as Form CRS.

February 4, 2026
Investor Redemptions Rise in Nontraded BDCs Amid Credit Concerns

Financial advisors and their clients have increased redemptions from nontraded business development companies (BDCs) following a series of high-profile corporate bankruptcies, according to InvestmentNews. The surge highlights growing investor concern about liquidity and credit exposure within these high-yield but often risky investment ...