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New York, NY securities attorney Jenice L. Malecki talks about the remedies available to investors who have been harmed by a sales practice violation. She explains that sales practice violations under FINRA do not inherently provide private rights of action, which can be confusing for untrained lawyers or laypersons dealing with broker-dealers. While it is true that there is no direct private right of action, this is not the full picture. FINRA conduct rules are highly relevant because they establish the industry standard for brokerage practices and are often incorporated into claims of breach of contract or negligence. She compares it to a slip-and-fall case, where the expectation that a sidewalk is properly maintained sets a standard of care. Similarly, adherence to FINRA conduct rules defines the duty that broker-dealers owe to the investing public. These rules are therefore critical, forming the foundation for civil arbitrations, private claims, and regulatory actions brought by FINRA.
