Identifying and Addressing FINRA Client Complaints

As a broker-dealer, registered investment adviser (RIA), or investment adviser representative (IAR), dealing with customer complaints is inevitable. Some grievances stem from dissatisfaction with market performance or operational delays, while others involve more serious allegations that require regulatory reporting. Understanding which complaints are reportable to FINRA and how to handle them is critical to ensuring compliance and mitigating risks.

WHAT QUALIFIES AS A REPORTABLE COMPLAINT?

Under FINRA Rule 4513, a “Customer Complaint” is defined as:

“Any written grievance by a customer or any person authorized to act on behalf of the customer involving the activities of the member or person associated with the member in connection with the solicitation or execution of any transaction or disposition of securities or funds of that customer.”

To be reportable under FINRA Rule 4530, a complaint must meet specific criteria:

• Format: It must be in writing—whether via email, text message, social media, or other written communication.
• Nature of Allegations: Reportable complaints typically involve claims of misconduct, such as:
  • Unauthorized trading
  • Fraud or misrepresentation
  • Unsuitable recommendations
  • Misappropriation of funds or securities
  • Forgery or other fraudulent activities
• Severity: If a complaint alleges theft, misappropriation, or forgery, it must be reported to FINRA within 30 days of receipt.

HANDLING VERBAL COMPLAINTS

Though verbal complaints are not reportable, they should still be taken seriously. Without proper handling, a verbal grievance may escalate into a written complaint that could trigger a regulatory investigation. Firms should have clear policies on addressing verbal complaints, such as:

• Documenting the conversation and response.
• Proactively resolving client concerns before they escalate.
• Seeking legal counsel if a verbal complaint raises significant issues.

HOW TO ADDRESS A REPORTABLE FINRA COMPLAINT

If you receive a written, reportable complaint, follow these steps to ensure compliance and protect your firm:

1. Notify Your Supervisor or Compliance Officer
   • Immediately alert your assigned principal or supervisor upon receiving a complaint.
   • Limit direct communication with the client until the firm reviews the complaint.
2. Follow Firm Procedures for Documentation and Investigation
   • Firms must maintain a complaint file at their Office of Supervisory Jurisdiction (OSJ) for at least four years.
   • Required documentation includes:
     • Complainant’s name, address, and account number
     • Date the complaint was received
     • Name of representative involved
     • Description and resolution status of the complaint
3. Report to FINRA (if required)
   • Complaints alleging theft, forgery, or misappropriation must be reported within 30 days.
   • Firms must submit quarterly reports summarizing all written complaints received.
4. Engage Legal Counsel
   • If a complaint raises serious allegations, consult an attorney experienced in securities law.
   • Legal counsel can help prepare responses, manage interactions with FINRA, and protect your interests.

WHAT TO EXPECT FROM A FINRA INVESTIGATION

Once a complaint is reported, FINRA may initiate an investigation. The process typically involves:

• Requesting documents and records from the brokerage firm.
• Notifying the financial professional involved.
• Conducting informal or formal interviews (including “On the Record” interviews).
• Evaluating evidence to determine if disciplinary action is warranted.

HOW TO RESPOND TO A FINRA INQUIRY

If you receive an inquiry letter from FINRA:

• Seek legal counsel immediately.
• Prepare a formal response, ensuring accuracy and compliance.
• If required, provide a written statement explaining steps taken to resolve the complaint.
• Be cooperative but cautious in all interactions with FINRA investigators.

Failure to respond to FINRA inquiries can lead to sanctions, regardless of whether the underlying complaint has merit. Ensuring transparency while protecting your legal interests is crucial.

PREVENTATIVE MEASURES TO MITIGATE COMPLAINTS

Proactive measures can help prevent client grievances from escalating into formal complaints. Consider implementing the following best practices:

• Clear Communication: Set realistic expectations with clients about investment performance and administrative processes.
• Diligent Documentation: Maintain accurate records of all client interactions, recommendations, and transactions.
• Client Education: Ensure clients fully understand the risks and benefits of investment strategies.
• Regular Compliance Reviews: Conduct internal audits to identify potential compliance issues before they result in client complaints.

Effectively identifying and managing FINRA reportable complaints helps firms maintain compliance, avoid costly investigations, and preserve client trust. Having clear internal procedures and seeking legal guidance when necessary can mitigate risks and streamline regulatory interactions.

Jacko Law Group represents investment advisers, broker-dealers, and financial professionals in securities litigation and enforcement matters. For more information, visit Jacko Law Group.

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CHECKLIST – ADDRESSING FINRA CUSTOMER COMPLAINTS

Author: Dharmi C. Mehta, Senior Attorney, Jacko Law Group, PC (“JLG). JLG represents investment advisers, broker-dealers, investment companies and other corporate clients on securities and corporate counsel matters. For more information, please visit https://www.jackolg.com/.

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