Typical Securities Claims

Unsuitability

Call 800-718-1422 or email [email protected]

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Unsuitability

FINRA’s suitability rule states that firms and their associated persons “must have a reasonable basis to believe” that a transaction or investment strategy involving a recommended security is suitable for the customer. This reasonable belief must be based on a detailed customer profile that includes information on investor age, other investments held by the investor, the investor’s investment objectives, liquidity needs and risk tolerance. A detailed customer profile should also include the investor’s financial status, tax status, and investment experience.

An example of an investment strategy that may be considered unsuitable is a portfolio asset mix that doesn’t match the customer’s investment objectives, or the investments purchased are too aggressive for what the client needs or wants. In some cases, stockbrokers deliberately give unsuitable advice for their own profit and gain, or in other cases, bad investment advice happens out of negligence when a stockbroker fails to consider the needs of his or her client.

Unsuitable investments subject to this claim include (but are not limited to) hedge funds, fixed annuities or variable annuities, fee-based managed accounts, mutual funds, closed-end funds, stocks, exchange-traded funds (ETF’s), municipal bonds and corporate bonds.  In effect, any investment may be unsuitable if not consistent with a customer’s investment objectives and risk tolerance.

Our office can assist you if you feel you have been the victim of unsuitable investments. Please call our office at 800-718-1422 for a consultation.

Typical Securities Claims

  • Breach of Fiduciary Duty

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    Breach of Fiduciary Duty

    Fiduciary Duty is a legal obligation of one party to act in the best financial interest of another – to place another’s interests first – to make the client’s interests paramount. Read More

  • Unsuitability

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    Unsuitability

    FINRA's suitability rule states that firms and their associated persons “must have a reasonable basis to believe” that a transaction or investment strategy involving a recommended security is suitable for the customer. This reasonable belief must be based on Read More

  • Failure to Diversify

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    Failure to Diversify

    Failure to diversify means that a Stockbroker or Financial Advisor fails to recommend an appropriate allocation of one’s assets into different investment asset classes. Read More

  • Churning

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    Churning

    Churning, in its most basic form, occurs when a stockbroker/financial advisor buys and sells securities for and account, without regard for the customer’s investment interests, for the purpose of generating commissions. Read More

  • Unregistered Stockbrokers and Unregistered Sales Assistants

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    Unregistered Stockbrokers and Unregistered Sales Assistants

    By law, stockbrokers and certain sales assistants must be registered with FINRA and with state regulators. If they fail to meet this requirement, an investor may have the right to cancel a purchase or sale. Read More

  • Unregistered Securities

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    Unregistered Securities

    Before securities, such as stocks, bonds and notes can be offered for sale to the public, they first must be registered with the Securities and Exchange Commission and/or a state regulator. Read More

  • Concentrated Positions

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    Concentrated Positions

    If you have a large percentage of your assets invested in a single stock or bond, a small number of stocks or bonds, or even a single sector of stocks or bonds , then you have a concentrated position. Concentrated positions expose the investor to significantly greater risk Read More

  • Negligence

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    Negligence

    Negligence occurs when a financial advisor or stockbroker breaches a general duty of care resulting in damages.Just like the victim of an auto accident may be entitled to sue the driver who was at fault, the victim of a stockbroker’s negligence may also be entitled to seek relief. Read More

  • Unauthorized Trading

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    Unauthorized Trading

    Unauthorized trading is the purchase or sale of securities that a Financial Advisor or Stockbroker makes for a customer without the customer’s permission. The Financial Industry Regulatory Authority (FINRA) has a specific rule that prohibits any Financial Advisor or Stockbroker from making unauthorized securities trades Read More

  • Breach of Contract

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    Breach of Contract

    When an investor has an oral or written contract with a financial advisor or stockbroker, and that person breaches their contractual obligations, they may be financially responsible for the breach. Read More

  • Breach of Third Party Contract

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    Breach of Third Party Contract

    In certain situations, you may be a third-party beneficiary of a brokerage firm’s contract with a regulator, such as FINRA. Read More

  • Failure to Follow Instructions

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    Failure to Follow Instructions

    As a fundamental element of their relationship with the customer, Stockbrokers/Financial Advisors, as well as registered sales assistants, are required to follow the customer’s instructions.  They may be liable if they fail to do so.  Read More

ALL SECURITIES CLAIMS