The Public Investors Arbitration Bar Association (PIABA) renewed its criticism of FINRA's Broker-Check® system in a report issued in late October. PIABA was especially critical of the system's
- Lack of synchronization with state-regulator databases that often contain more fulsome information (including, e.g., CRD information such as reasons for broker termination, bankruptcy filings and tax liens);
- Lack of comparative, contextual data such as the total number of brokers and percentage of those with similar numbers of disciplinary results;
- Inaccessibility to the public ...
PIABA, the securities-investor plaintiff's bar, issued an October 16th press release roundly criticizing industry self-regulatory rules allowing a broker to seek expungement of a customer-claim from her permanent record. PIABA's release relies on blunt statistics showing that about 60% of arbitration awards containing the word "expungement" granted that relief (with a higher 89-96% rate for awards entered on settlements). The group failed to mention, though, 2009 reforms requiring arbitrators to make an affirmative finding (after a hearing) that:
- The claim was ...