Bonus C – Managing Personal Finances
D-58
Sadly, those unlucky people may just be setting themselves up for yet another disappointment. In
the world of securities arbitration, claims of more than $100,000 are heard before a three-person panel
sponsored by the Financial Industry Regulatory Authority (FINRA), not a court. Present on every panel is
one representative of the brokerage industry, essentially leaving each decision against one broker in the
hands of a fellow broker. The practice has been decried as biased and unfair, but FINRA doesn’t see it
that way, citing its streamlined arbitration process as consumer-friendly because it costs less than a long,
drawn-out lawsuit. FINRA also claims that over half of the customers who file complaints receive a set-
tlement.
But FINRA’s assertions don’t tell the whole story. Investors who emerge victorious from the ar-
bitration process usually receive only 50% of their claim, and awards received go down as the size of the
brokerage gets bigger. Customers who challenge the top three brokerages usually only receive 21% of
their claim. Some brokers even boast about their arbitration record, such as Morgan Keegan, which
proudly states on its website that of 113 cases levied against the firm, 95 were dropped or dismissed.
While complaints from customers and consumer groups continue, intervention from the highest authority
in America might not be too far away. President Obama has already proposed that arbitration reform
could be included in a new wave of financial regulation.iv