GAO makes recommendations for consumer-protection concerns

January 27, 2011 at 07:00 PM
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A government study concluded that existing regulation in financial planning services is adequate, although the Certified Financial Planner Board of Standards, the Financial Planning Association and the National Association of Personal Financial Advisors have all expressed concerns over consumer-protection issues.

Under Dodd-Frank, the U.S. Government Accountability Office was required to conduct a study and submit its findings to determine whether current state and federal regulations are effectively protecting investors from those who present themselves as financial advisors and use misleading titles, designations and marketing.

The report was delivered last week to Congress and found consumers may be uncertain about when a financial planner must serve a client's best interest, chiefly when providing multiple services with different standards of care. The report thus recommended the SEC examine investors' understanding of the various designations a financial planner can have and to team up with states on any problems in the industry. The report also said the NAIC should evaluate consumers' knowledge of the standards related to the sale of insurance products.

Between 2000 and 2008, the number of financial planners increased by more than 50 percent, from 94,000 to 208,400, according to the U.S. Bureau of Labor Statistics. According to the GAO, there will be 271,200 financial planners by 2018 because of the great number of those retiring in the future.

The report also said enforcement of current regulation may be inconsistent because regulators don't specifically track complaints, inspections and enforcement actions specific to financial planning services. The report recommends state regulators and the SEC work together to identify solutions to problems related to the financial planning activities of investment advisers.

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