Securities Litigation Attorney in New York, New York

What are some common sales practice violations that are covered by the FINRA Conduct Rules?

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so there are many many sales practice
violations ranging from high pressure
sales tactics we used to see that a lot
in the Boiler Room days uh where the
Wolf of Wall Street used to really put
pressure on investors that they had to
get in urgently quickly and all of that
unauthorized trading you know a broker
has to ask you on the same day as the
trade whether you want to make the
investment on that day at that price and
of course prices prices vary but but
they need to be on the same day churning
meaning over trading the account there
are rules that cover you know the broker
shouldn’t be making more in the account
than you are
um there’s also rules on suitability
which has been now
revamped through regulation best
interest there’s over concentration
rules you shouldn’t be in more than a
certain amount of one sector of
investment meaning for example oil and
gas you don’t want a portfolio that’s
overweighted in oil and gas or
overweighted in technology sectors that
tend to move a lot because then you
don’t have a well-diversified portfolio
in your portfolio is going to be highly
volatile so those are examples of sales
issues in the finra conduct rules

New York, NY securities attorney Jenice L. Malecki talks about some of the common sales practice violations that are covered by the FINRA Conduct Rules. She notes that sales practice violations in the securities industry are varied and significant. They can include high-pressure sales tactics, reminiscent of the “Boiler Room” era, where investors were rushed into transactions without sufficient time to consider the risks. Unauthorized trading is another concern, as brokers are required to obtain the investor’s consent on the same day a trade is executed, reflecting the actual market price at that time.

Churning, or excessive trading designed to generate commissions for the broker rather than returns for the investor, is strictly prohibited. Suitability standards, now codified under Regulation Best Interest, require that investments align with the client’s objectives, risk tolerance, and financial profile. Over-concentration is also a key concern; investors should not have a disproportionate exposure to a single sector, such as oil and gas or technology, to avoid excessive portfolio volatility. These rules, embedded in FINRA’s conduct standards, are central to protecting investors from misconduct and ensuring responsible brokerage practices.

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