James contends that many customers will mistakenly believe that broker-dealers must place investors’ interests first, as with financial advisers, who as fiduciaries have a stricter duty of care.

“By enacting this flawed regulation,” James said in the statement, the SEC “ignored” the clear purpose of the Dodd-Frank Act, “making the regulation unauthorized, arbitrary and unlawful.”

The case is State of New York v. U.S. Securities and Exchange Commission, 19-cv-8365, U.S. District Court, Southern District of New York (Manhattan).

This article was provided by Bloomberg News.

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