But if they are right that firms are nonetheless steering retirement investors toward fee accounts when they would be better off in commission accounts, these industry groups are essentially acknowledging that brokerage firms are engaged in widespread and egregious violations of both the DOL rule and securities laws, Roper says.

“That allegation is serious enough to deserve an investigation. If true, it reflects, not a problem with the DOL rule itself, as industry lobbyists have tried to suggest, but an enforcement failure on the part of DOL and its fellow regulators at the SEC and FINRA,” Roper added. “We urge these agencies to take quick and forceful action to protect investors from any firms found to be exploiting the DOL rule to profit unfairly at their customers’ expense,” Roper concluded.

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