What is FINRA arbitration?

FINRA arbitration is a method of resolving disputes between investors and brokerage firms or financial advisors outside the court system. It involves a neutral third party, an arbitrator, who reviews the case and makes a binding decision.

Why choose arbitration over litigation?

Arbitration is typically faster, less formal, and more cost-effective than litigation. It also provides a final resolution to disputes, with limited grounds for appeal. Most relationships with financial advisors are formalized by entering into a contract which contains a dispute resolution clause. Nationally, most dispute resolution clauses provide for FINRA arbitration.

Who can file a FINRA arbitration claim?

Investors, brokerage firms, and financial advisors can file a FINRA arbitration claim if they have a dispute related to securities or investment activities. FINRA arbitration is normally the forum for disputes among registered persons, brokerage firms and the public customer clients of the firms.

How do I start the FINRA arbitration process?

To start the arbitration process, Bakhtiari & Harrison will file a Statement of Claim with FINRA, detailing the nature of the dispute, the parties involved, and the relief sought.

What is a Statement of Claim?

A Statement of Claim is a written document submitted by the claimant outlining the facts of the dispute, legal claims, and the desired outcome.

What happens after filing the Statement of Claim?

After filing, the respondent has 45 days to answer the Statement of Claim. The answer must address the claims and may include counterclaims or other relief sought.

What fees are involved in FINRA arbitration?

Fees include filing fees, hearing session fees, and possibly member surcharges or process fees, depending on the specifics of the case.

Can I represent myself in FINRA arbitration?

Yes, you can represent yourself, but many choose to hire an attorney with experience in securities arbitration due to the complexity of the process. Investors and industry professionals who choose to represent themselves do so at a substantial disadvantage, Wall Street firms typically retain experienced professional counsel to represent their interests.

How are arbitrators selected?

Arbitrators are selected through the Neutral List Selection System (NLSS), which provides a list of potential arbitrators. Both parties rank and strike names to agree on a panel.

What qualifications do FINRA arbitrators have?

FINRA arbitrators include attorneys, accountants, financial professionals, and public members who have undergone training and meet FINRA’s qualification standards.

How long does the arbitration process take?

The process typically takes 12-18 months from filing to the final award, but this can vary based on case complexity and scheduling. Preference may be given to investors that are seriously ill or elderly.

What is a prehearing conference?

A prehearing conference is a meeting between the parties and the arbitrators to discuss procedural issues, set a schedule, and address preliminary matters including final FINRA arbitration hearing dates.

What is discovery in arbitration?

Discovery is the exchange of documents and information between the parties to prepare for the hearing. It is more limited than in litigation.

What happens during the arbitration hearing?

During the hearing, both sides present evidence, call witnesses, and make arguments. The arbitrators then deliberate and render a decision.

Is the arbitration hearing open to the public?

No, arbitration hearings are private and confidential. Only the parties, their representatives, and the arbitrators may attend.

Can I settle my case before the hearing?

Yes, parties can settle at any time before the arbitrators render a decision, often through negotiation or mediation.

What is mediation in the context of FINRA arbitration?

Mediation is a voluntary process where a neutral mediator helps the parties negotiate a settlement. It is separate from arbitration and non-binding.

What happens if I lose in arbitration?

If you lose, the arbitrator’s decision is final and binding. There are limited grounds for challenging the award in court.

Can I appeal an arbitration decision?

Generally, you cannot appeal an arbitration decision. However, you can seek to vacate the award on very narrow grounds, such as arbitrator misconduct.

What types of disputes are resolved through FINRA arbitration?

Disputes include claims of fraud, breach of fiduciary duty, negligence, breach of contract, and other issues related to securities and investments.

How are damages determined in arbitration?

Damages are determined based on the evidence presented, including financial records, expert testimony, and the specifics of the case.

Can arbitrators award attorney’s fees?

Arbitrators can award attorney’s fees if provided for by law, contract, or if both parties request it.

How do I enforce an arbitration award?

An arbitration award can be enforced in court through a confirmation process, making it a judgment that can be collected.

What is expungement in FINRA arbitration?

Expungement is the process of removing information from a broker’s record on the Central Registration Depository (CRD) system. It is only granted under specific conditions.

What are the grounds for vacating an arbitration award?

Grounds for vacating an award include arbitrator bias, fraud, corruption, or misconduct, as well as exceeding their powers.

Are arbitration awards public?

Yes, arbitration awards are published on FINRA’s website, providing transparency and access to past decisions.

What is the role of the Office of Dispute Resolution?

The Office of Dispute Resolution administers arbitration and mediation cases, ensuring that the process runs smoothly and efficiently.

What is a Simplified Arbitration?

Simplified Arbitration is for cases involving claims of $50,000 or less, allowing for a quicker and less expensive resolution without a hearing.

Can I request an expedited hearing?

Yes, in certain circumstances, such as elderly or seriously ill parties, you can request an expedited hearing.

What is the role of an arbitrator?

An arbitrator acts as a neutral decision-maker, reviewing evidence, hearing testimony, and issuing a binding decision on the dispute.

How do I prepare for an arbitration hearing?

Preparation involves gathering evidence, preparing witnesses, and developing a clear case strategy to present to the arbitrators.

What types of evidence are admissible in arbitration?

Evidence can include documents, emails, financial records, expert reports, and witness testimony, subject to the arbitrators’ discretion.

Can I request documents from the other party?

Yes, through the discovery process, you can request relevant documents and information from the other party to support your case.

How does FINRA handle conflicts of interest with arbitrators?

FINRA requires arbitrators to disclose any potential conflicts of interest, and parties can object to arbitrators they believe are biased.

What happens if a party does not comply with discovery?

If a party does not comply, the other party can file a motion to compel, asking the arbitrators to order compliance and possibly impose sanctions.

What is a motion in arbitration?

A motion is a formal request for the arbitrators to make a ruling on a specific issue, such as compelling discovery or dismissing a claim.

Can I request interim relief in arbitration?

Yes, you can request interim relief, such as temporary restraining orders or injunctions, to preserve the status quo pending the final decision.

How are hearing locations determined?

Hearing locations are typically determined by the location of the claimant unless both parties agree to a different venue.

What is a telephonic or virtual hearing?

Telephonic or virtual hearings are conducted via phone or video conference, allowing parties to participate remotely.

How are arbitration awards paid?

Awards are typically paid by the losing party within 30 days of the decision, unless otherwise specified by the arbitrators.

What if the losing party does not pay the award?

If the losing party does not pay, you can seek enforcement through the courts, turning the award into a legally enforceable judgment.

Are there any limits on the types of claims I can bring in arbitration?

FINRA arbitration covers a broad range of claims related to securities, but there are some statutory and regulatory limits on certain types of claims.

Can I bring a class action in FINRA arbitration?

No, class actions are not permitted in FINRA arbitration. However, you can join other claimants in a single arbitration if the claims are similar.

What is the role of expert witnesses in arbitration?

Expert witnesses can provide specialized knowledge and opinions to help explain complex financial issues to the arbitrators.

How are hearing dates scheduled?

Hearing dates are scheduled based on availability of the parties and arbitrators, with consideration for the complexity of the case.

Can I request a different arbitrator if I believe one is biased?

Yes, you can challenge an arbitrator if you believe they have a conflict of interest or bias that affects their impartiality.

What is a “chairperson” in a FINRA arbitration panel?

The chairperson is the lead arbitrator who manages the procedural aspects of the case and ensures the hearing runs smoothly.

How does FINRA ensure fairness in arbitration?

FINRA has rules and procedures in place to ensure a fair and impartial process, including arbitrator training and disclosure requirements.

How do I learn more about the FINRA arbitration process?

For more information, you can visit FINRA’s website, contact their Office of Dispute Resolution, or consult with experienced attorneys like those at Bakhtiari & Harrison.

How can Bakhtiari & Harrison help with FINRA arbitration?

Bakhtiari & Harrison can assist with filing claims, responding, selecting arbitrators, discovery, hearings, and ensuring the best possible outcome through skilled representation and strategic advice.

JW Cole Financial Investment Lawyer

JW Cole Financial is an independent broker-dealer and registered investment adviser (RIA) headquartered in Tampa, Florida. Established to support independent financial advisors, JW Cole provides a platform for delivering personalized financial solutions to individuals and institutions. This blog reviews the firm’s history, regulatory profile, and key business metrics, with an emphasis on its compliance and client relations.

History of JW Cole Financial

Founded in 2001, J.W. Cole Financial was created to provide financial advisors with a supportive and flexible platform for growing their practices. Over the years, the firm has expanded its network and service offerings, emphasizing advisor independence and client-focused solutions. Despite its growth, J.W. Cole has faced challenges in regulatory compliance and maintaining high client satisfaction.

Key Business Metrics

CRD Number

JW Cole Financial is registered under CRD number 124583. This identifier is used by regulatory bodies to track the firm’s compliance and registration history.

Number of Regulatory Events

According to BrokerCheck and the firm’s CRD record, JW Cole Financial has been involved in over 15 regulatory events. These events often involve supervisory and compliance deficiencies, highlighting areas where the firm has faced challenges in adhering to regulatory standards. Efforts to address these issues have been ongoing, but they remain a critical focus for the firm.

Number of Employees

JW Cole Financial employs approximately 100 professionals who provide operational, compliance, and administrative support to its network of financial advisors.

Assets Under Management (AUM)

JW Cole oversees approximately $8 billion in assets under management (AUM) as of 2023. This figure reflects the firm’s ability to attract and retain financial advisors and their clients.

Revenue

The firm generates approximately $90 million in annual revenue through brokerage services, advisory platforms, and other financial offerings.

Regulatory and Compliance Landscape

JW Cole Financial operates under the oversight of the Financial Industry Regulatory Authority (FINRA) and the Securities and Exchange Commission (SEC). While the firm has taken steps to improve its compliance practices, its regulatory history reveals recurring challenges that require continuous attention.

Notable Regulatory Issues

JW Cole Financial has faced several regulatory actions, including:

Supervisory Deficiencies: The firm has been cited for failing to adequately supervise its representatives, particularly concerning the sale of alternative investments and other complex financial products.
Disclosure Issues: Regulatory findings have highlighted instances where the firm failed to provide sufficient disclosures regarding fees and potential conflicts of interest.
Fines and Settlements: JW Cole Financial has paid fines and settlements to resolve compliance violations, underscoring the need for stronger oversight and adherence to industry standards.

These regulatory challenges underscore the importance of ongoing efforts to strengthen the firm’s compliance framework and supervisory practices.

Customer Complaints

Customer complaints against JW Cole Financial often involve allegations of unsuitable investment recommendations, inadequate fee transparency, and communication issues.

Alternative Investments: Many complaints pertain to the sale of complex products, such as non-traded REITs, to clients who may not fully understand the associated risks.
Fee Clarity: Some clients have expressed dissatisfaction with the level of transparency regarding fees and charges, leading to disputes and misunderstandings.

The firm addresses these complaints through established resolution processes, but the frequency of such grievances highlights the need for improved communication and oversight.

Advisor Support and Client Services

JW Cole Financial provides its advisors with a range of tools and resources to manage their practices, including advanced technology platforms, marketing support, and compliance assistance. While the firm emphasizes advisor independence, its regulatory and complaint history suggests opportunities for enhancing training and supervision.

Clients benefit from personalized financial advice, but there is room for improvement in ensuring transparency and alignment with client expectations.

Customer Experience and Reputation

JW Cole Financial has built a loyal network of advisors and clients, but its reputation has been impacted by regulatory actions and customer complaints. Prospective clients and advisors should carefully evaluate the firm’s regulatory history and offerings to ensure alignment with their financial goals.

Looking Ahead

JW Cole Financial faces ongoing challenges in addressing regulatory concerns and enhancing client satisfaction. The firm’s ability to improve its compliance practices and strengthen its reputation will depend on its commitment to transparency, oversight, and client service.

Final Thoughts

JW Cole Financial has a solid presence in the financial services industry, but its regulatory and customer-related challenges highlight areas for improvement. While the firm provides a platform for financial advisors and offers a range of investment solutions, prospective clients and advisors should conduct thorough due diligence before engaging with the firm. For more information contact Bakhtiari & Harrison.