If you lost money in the stock market due to your broker’s misconduct, chances are your claim will be handled by the Financial Industry Regulatory Authority (FINRA). According to FINRA, it is the largest securities dispute resolution forum in the world, handling 99% off all securities arbitration claims involving customers of brokerage firms.
If you feel you have a securities claim, please contact us by phone or fill out our securities arbitration form.
Here at the top ten most common claims filed for FINRA arbitration in 2012*:
Breach of Fiduciary Duty
These claims arise when your broker or registered investment advisor violates the trust and confidence you placed in them. The degree of fiduciary duty owed by different investment professionals varies, and potential revisions to fiduciary duty standards have recently been under review by FINRA.
You may have a claim for negligence against your broker if the broker fails to comply with industry standards, or fails to act as reasonably prudent broker under the circumstances.
Your broker’s recommendation must have a reasonable basis in fact. If it doesn’t, you may have a claim against your broker for misrepresentation. Often times this claim arises when an investor is peddled a rumor or “hot tip.”
Failure to Supervise
A brokerage firm has a responsibility to supervise its brokers-particularly if the broker has a record of prior misconduct. You may have a securities claim if you suffered losses as the result of your brokerage firm’s failure to supervise its broker. You can research your broker’s professional background at http://www.finra.org/Investors/ToolsCalculators/BrokerCheck/
Breach of Contract
You and your broker typically enter into a Customer Agreement which requires the broker to comply with the rules of exchanges on which the broker trades. Therefore, you may have a breach of contract claim against your broker if you suffer losses as the result of your broker violating exchange rules.
Omission of Facts
These claims arise when there is non-disclosure of material facts involving a security.
You may have a claim if you broker executes a trade on your behalf without having reasonable grounds for believing that the recommendation is suitable for you given your other holdings, financial situation, and financial needs. In some instances, before making a trade on your behalf, brokers are required to obtain information from you regarding your financial status, tax status, investment objectives, and other information that would reasonably be required when the broker recommends the trade.
Unauthorized trading occurs when a broker makes a trade without your permission or sends a confirmation in order to cause you to accept a transaction not actually agreed upon.
Churning is excessive activity in your account, often perpetuated by a broker to generate commissions.
A margin call occurs when the broker requires you to deposit additional funds to cover a position you have created on margin (by borrowing). If you fail to comply with the margin call, you broker will likely liquidate your holdings to satisfy the margin requirements. Claims arise when the account was placed on margin without your authorization, or if the risks of margin were not properly explained to you.
*Through April of 2012
Source of claims statistics: www.finra.org