Textbook
1. Common stock
2. Preferred stock
3. Debt securities
4. Corporate debt
5. Municipal debt
6. US government debt
7. Investment companies
8. Alternative pooled investments
9. Options
10. Taxes
11. The primary market
12. The secondary market
13. Brokerage accounts
13.1 Fundamentals
13.1.1 Statements
13.1.2 Trade confirmations
13.1.3 Customer complaints
13.2 New accounts
13.3 Account registrations
13.4 Margin accounts
13.5 Options accounts
13.6 Other account specifications
14. Retirement & education plans
15. Rules & ethics
16. Wrapping up
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13.1.3 Customer complaints
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13. Brokerage accounts
13.1. Fundamentals

Customer complaints

Customers are sometimes dissatisfied with the status of their accounts or the service they’re provided. An upset customer can call and voice their displeasure (even yell or scream sometimes), but surprisingly enough, securities regulators do not consider this type of feedback a ‘complaint.’ FINRA Rule 4513 defines a complaint as:

“Any grievance by a customer or any person authorized to act on behalf of the customer involving the activities of the member or a person associated with the member in connection with the solicitation or execution of any transaction or the disposition of securities or funds of that customer”

Additionally, FINRA only considers expressed customer dissatisfaction as a complaint if it is in writing, which includes emails, text messages, and direct messages). When a complaint is received, member firms and their representatives must follow specific protocols (discussed below). Because of this rule, many brokerage firms limit their representatives’ communication methods with their customers. If your firm does not allow you to give customers your personal phone number or email address, this is probably why!

When a representative receives a complaint, they must forward it to their assigned principal (supervisor). Next, the principal works with the registered representative to resolve the issue on behalf of the customer. Member firms must keep a separate file of all customer complaints for at least four years. The file must contain any records related to resolving the complaint, including any action taken or additional correspondence with the customer.

If this rule were to apply to verbal complaints, firms would have a tough time doing business. Registered representatives would be required to note anything negative said by the customer and submit it to their supervisor for review. If you’ve ever worked a service job, you know how often some customers complain (warranted or not). When a customer puts something in writing, it’s usually a serious problem that needs to be addressed.

The modern digital world complicates complaint protocols, especially with social media. If a customer complains by tweet or posts a complaint on Instagram, does it count as a complaint? Generally speaking, FINRA applies its normal rules similarly with social media. A tweet may seem harmless, but it’s technically in writing, requiring the firm to follow the protocols discussed above.

Sidenote
Recordkeeping and the OSJ

As discussed above, FINRA requires member firms (e.g., broker-dealers) to keep customer complaints and any documents relating to its resolution on file for four years. These complaint files are maintained at the firm’s Office of Supervisory Jurisdiction (OSJ), which is a branch office with supervisory capabilities and duties. Each firm’s OSJ must create and maintain those protocols to ensure the firm complies with all relevant regulations. Every firm must establish an OSJ; many large firms maintain several OSJs.

Key points

Complaint

  • Dissatisfaction submitted in writing, including:
    • Letters
    • Emails
    • Texts
    • Instant messages
  • Forwarded to a principal for review
  • Representative and principal work together to resolve
  • Must be kept on file for 4 years at OSJ

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