Eccleston Law LLC Is Pleased to Announce Successful Expungement of Customer Complaint Reference

Posted on January 23rd, 2018 at 3:19 PM
Eccleston Law LLC Is Pleased to Announce Successful Expungement of Customer Complaint Reference

Attorneys from Eccleston Law LLC successfully have represented a Texas financial advisor who should not have been named in a FINRA customer arbitration claim.  To remedy that situation, Eccleston Law LLC represented the financial advisor in a FINRA expungement proceeding.  Following an evidentiary hearing pursuant to Rule 13805, the arbitration panel was convinced to make all three of the Rule 2080 affirmative findings of fact, at least one of which is required to expunge (or remove) an occurrence reference contained in a broker’s CRD registration records. Those affirmative findings were that: (1) the claim, allegation or information is factually impossible or clearly erroneous; (2) the registered person was not involved in the alleged investment-related sales practice violation, forgery, theft, misappropriation, or conversion of funds; and (3) the claim, allegation, or information is false.

Specifically, it was proven that the financial advisor did not participate in the sale of the variable annuity product that was the basis of the underlying customer’s complaint.  The sale was made by another financial advisor.  As a result, Eccleston Law LLC was able to demonstrate that its client did not participate or engage in any sales practice which was the subject of the underlying customer’s complaint.  Any claim to the contrary, the arbitration panel found, was clearly erroneous and false.

To complete the expungement process, and pursuant to Notice to Members 04-16, Eccleston Law now turns to a Texas court for confirmation of the FINRA expungement award.  Upon confirmation, the CRD’s customer complaint reference will be expunged from the financial advisor’s record.

Related Attorneys: James J. Eccleston

Tags: Eccleston, Eccleston Law, Eccleston Law LLC, James Eccleston

Return to Archive

TESTIMONIALS

Previous
Next

I am so blessed to have you and your dynamic team defending me. Your ethics, forward thinking and strategies are amazing.  You guys are the best group of attorneys in the country that I could hire to handle this complicated case.

Cindy C.

LATEST NEWS AND ARTICLES

October 26, 2021
Former Advisor Fails To Reverse Bar After Alleged $1 Million Theft From RBC

A former RBC Wealth Management advisor lost his bid to reverse an industry bar, according to an appellate decision issued by the Financial Industry Regulatory Authority (FINRA).

October 25, 2021
Firms Walk Thin Regulatory Line In Referring Self-Directed Clients To Advisors

While online trading platforms have surged in popularity during the pandemic, brokerage firms view self-directed investors as a source of new clients.

October 22, 2021
TIAA Sues Former Advisors For Allegedly Soliciting Clients

Teachers Insurance and Annuity Association of America (TIAA) filed suit against three of its former Connecticut advisors for allegedly soliciting TIAA clients to join them at their new firm.