Consult with a qualified attorney: Your investor rights attorney can review your case and help you assess your legal options. Contact the broker or advisor: If you have a complaint against an individual, either a registered broker or a registered financial advisor, it is best practice to speak to them directly regarding your complaint.
Here is a sample complaint letter to an attorney. This letter is not intended for a complaint requiring disciplinary action. The client should send the letter by certified mail, so they have proof of when it was sent and received in the event there is no resolution to the complaint and further action is required.
One is to file a complaint against the broker. Write down and document the offending incident. Before you contact anyone, write up a summary and outline of the incident while it is still fresh in your mind. Note names, times and places. Contact the local Realtor association.
This organization offers two different ways to submit a complaint: You can do it online or you can send it through the mail. When you file, you will be asked to include an official “Statement of Claim”.
When you open up a brokerage account, you will be likely be required to sign some type of customer agreement. Your customer agreement will control...
Filing for arbitration is a major commitment. Of course, there are many cases in which arbitration will be necessary to ensure that you recover the...
When it becomes apparent that you will need to escalate your claim to arbitration, you will be required to submit your complaint directly to the Fi...
Along with your statement of claim, you should also include any documents and records that you have that are relevant to your case. Ultimately, all...
Finally, after you have exhausted all of your other remedies and carefully prepared a compelling complaint, you should send it in to FINRA with you...
Complaints about your mortgage lender or broker often concern your interest rate, prepayment penalties, fraud, deception, or other matters about your home. If you are unsuccessful in problem-solving with your bank, contact an attorney to discuss your legal options. They may advise you to make a formal complaint.
The Federal Trade Commission handles complaints concerning most non-bank lenders, such as mortgage and finance companies and state credit unions. You can submit your complaint through the FTC’s Online Complaint Assistant.
(Usually, these are banks that have “National” in their name or “N.A.” after their names.) You can submit a complaint by completing the OCC Online Customer Complaint Form. You can also contact the OCC by mail, phone, or fax.
National Credit Union Administration. The National Credit Union Administration handles complaints about National Credit Unions. For Federal Credit Union (a credit union with the word “federal” contained in its name or any credit union in Delaware, South Dakota, Wyoming, or Washington, DC), NCUA is the regulator.
There are a variety of federal and state laws protecting consumers’ financial rights that an attorney can explain to you. For instance, lenders and brokers are required to provide certain disclosures to borrowers about rates, fees, and other terms and conditions of lending.
If they fail to do so, and an investor loses money due to a misrepresentation or a material omission, the broker may be liable for the investor’s losses.
In some cases, investor lawsuits and arbitration claims involve allegations of outright theft or forgery of documents. In other cases, negligent brokers steer an investor’s money into risky, inappropriate ( unsuitable) financial products in order to obtain higher commissions.
Breach of Fiduciary Duty: Under the Investment Advisers Act of 1940, certain investment professionals, known as registered investment advisors (RIAs), owe fiduciary obligations to their customers. Your RIA must always look out for your best interests.
Brokers can be held liable for losses sustained because of an investor’s inappropriate lack of diversification. Excessive Trading (Churning): Stockbrokers and financial advisors must have a well-grounded, reasonable basis to execute all trades.
Unsuitable Investments: Many financial advisors are not fiduciaries. Instead, they are held to the suitability standard. These stockbrokers and financial advisors can only sell and recommend financial products that are appropriate for a customer’s unique investment profile.
Losing Money is Not Enough to Successfully Sue Your Broker; You Must Prove Fraud or Negligence. If you have lost a large amount of money in an investment, you know how awful it feels. It is stressful, frustrating, and worse yet, it can be financially ruinous. It is also right that the responsible party is held accountable.
The answer is: Yes, you can sue your financial advisor. You can file an arbitration claim to seek financial compensation when an advisor – or the brokerage firm they work for – fails to abide by FINRA’s rules and regulations and you suffer investment losses as a result. Investment losses? Let’s talk.
If you are unsure whether your concerns with an attorney involve professional misconduct, in most states you can call or email the disciplinary office and discuss the matter prior to submitting a written complaint. Contact information for attorney regulatory authorities, by jurisdiction:
Some examples of attorney practices that violates the Rules include: Failure to provide an accounting of your money or property held by the attorney. Commingling your funds with the attorney's own money. Refusing to return your file at the conclusion of the representation.
Some examples of attorney practices that violates the Rules include: Serious neglect of your case. Failure to provide an accounting of your money ...
A person has the right to complain against any attorney who is involved in legal issues concerning that person. They may write a letter to an attorney who is representing them or to an attorney who is working against their case.
However, if the lawyer will not meet the client, they can send a complaint letter explaining the problem and request a response. If they are still not satisfied, they can fire their attorney and hire another one. Simply because a client is not happy with their lawyer’s performance, does not necessarily mean the lawyer deserves discipline.
If any of these are breached, then the lawyer is subject to discipline and can be privately reprimanded or permanently lose his or her license to practice law.
Some examples of serious breaches of ethics for which the attorney can be disciplined are: Not keeping their client fully informed about the developments of their case. Not properly accounting for the client’s money or returning money owed. Not returning the client’s case file if they hire another attorney.
To avoid problems with their attorney, clients should: Get a fee agreement in writing and request to be billed promptly. Understand the realistic expectations for the outcome of their case. Give their lawyer all documentation promptly. Get all important understandings in writing and keep a record of phone calls to their lawyer.
The client may want to make a list of complaints before starting to write to clarify their thoughts. Even if the client uses the lawyer’s first name in regular communication, the complaint letter should be address to the lawyer’s formal name. This maintains the professional tone.