Whether you realized it at the time or not, when you established your brokerage account, you likely entered into an arbitration provision that provides that if you have a dispute with your broker-dealer you agree to waive your right to bring that claim in Court and to arbitrate that dispute through FINRA’s Dispute Resolution process. Typically, such arbitration provisions are enforceable and FINRA’s dispute resolution process is the proper venue for a securities related dispute between an investor and a financial professional or broker-dealer
FINRA (f/k/a the NASD) is an administrative body that regulates the securities industry and provides a forum for securities related disputes.
The good news is that the FINRA Dispute Resolution process is less costly and quicker than litigating in Court. The problem is that FINRA has its own set of rules (known as the FINRA Code of Arbitration). For those not experienced in arbitrating securities related disputes through FINRA, these rules can make the arbitration process daunting for even experienced attorneys that are used to litigating in Court.
However, if you are looking to file a FINRA complaint through FINRA’s dispute resolution process and to initiate an arbitration claim against your financial professional or broker-dealer, FINRA has set up an online filing procedure which can be accessed at: http://www.finra.org/ArbitrationMediation/Parties/ArbitrationProcess/ArbitrationOnlineClaimFiling/
To review the FINRA Code of Arbitration procedure, you can also visit: http://www.finra.org/ArbitrationMediation/Rules/CodeOfArbitrationProcedure/
Although the hiring of an attorney in securities arbitration matters is not required, it can be extremely beneficial. Typically, securities attorneys representing investors handle such cases on a contingency fee basis.
For more information on how to file a FINRA complaint, or to discuss your particular case with an attorney, feel free to contact The White Law Group at 312-238-9650.