Skip to content
Practice areas

Unsuitability

Unsuitability is a recommendation that a reasonable broker would not have made for that particular customer, given the customer’s age, income, net worth, objectives and risk tolerance. Tracy Pride Stoneman represents investors in these claims in FINRA arbitration nationwide, from Westcliffe, Colorado.

By Tracy Pride Stoneman, securities arbitration attorney Updated

FINRA rules require brokers to have a reasonable basis for believing that a recommended transaction is suitable for the customer based on their financial situation, investment objectives, risk tolerance, and other factors. When a broker recommends an unsuitable investment that results in losses, the investor may have a valid claim for recovery.
The three suitability obligations, the products that fail them most often, and how each is proved
What happenedRule or lawHow it is proved
A recommendation that did not fit the investor’s profileFINRA Rule 2111 (customer-specific suitability); Regulation Best Interest, 17 CFR 240.15l-1, for recommendations after June 30, 2020The new-account form and risk questionnaire against the trades; the broker’s contact notes
A product the broker did not understandRule 2111 reasonable-basis suitability; FINRA Regulatory Notice 12-03 on complex productsThe firm’s product due-diligence file and the broker’s training records
Variable annuities sold to retireesFINRA Rule 2330Surrender period against the customer’s age and liquidity needs; replacement and exchange forms
Private placements and non-traded REITsRule 2111; Regulatory Notice 10-22 (due diligence on Regulation D offerings)Percentage of net worth in illiquid product; accredited-investor verification

A FINRA panel can award compensatory damages (out-of-pocket losses or market-adjusted “well-managed account” damages), interest, costs, attorney’s fees where a statute or contract allows them, and punitive damages in egregious cases. Claims must be filed within six years of the events under FINRA Rule 12206, and shorter state statutes of limitation may also apply.

If any of this sounds like your account, the next step costs nothing: a free, honest evaluation. Tell me what happened or call (719) 783-0303.

Common questions

Unsuitability: what clients ask

What makes an investment unsuitable?

An investment is unsuitable when it does not match the customer's profile: for example, speculative products for a retiree who needs income, heavy concentration in one stock, or illiquid investments for someone who needs access to cash.

I signed forms saying I was an aggressive investor. Does that end my claim?

Not necessarily. New account forms are often filled out by the broker, and the risk tolerance listed may not reflect what you actually said or understood. Arbitrators look at your real circumstances, not just the paperwork.

What is Regulation Best Interest?

Since 2020, Regulation Best Interest has required brokers recommending investments to retail customers to act in the customer's best interest and not put their own interests ahead of the customer's.

Your move

A free evaluation has no downside other than your time.

Tell me what happened. I will tell you honestly whether you have a case worth pursuing — and every way I can be paid, including contingency: nothing unless you recover.