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Regulation and Compliance > Litigation

Amerprise Sues LPL Over 'Shocking' Recruiting Tactics

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What You Need to Know

  • Ameriprise alleges LPL systematically directs the advisors it recruits to take confidential information on their way out the door.
  • This violates multiple securities laws as well as the broker protocol for recruiting.
  • With the behavior, LPL has obtained and mishandled trade secrets and sensitive client data, the suit contends.

Ameriprise Financial Services said Tuesday that it is suing LPL Financial for engaging in “a widespread pattern and practice of harvesting and misusing private, confidential client information” as LPL recruits advisors.

“The pattern of behavior conducted by LPL is both shocking and concerning,” said Michael Taaffe, partner at Shumaker, Loop & Kendrick LLP and outside counsel for Ameriprise, in a statement about the suit, filed in U.S. District Court for the Southern District of California.

The lawsuit alleges that LPL “systematically directs the advisors it recruits from Ameriprise and its competitors to take confidential information on their way out the door,” in direct violation of multiple securities laws and regulations, as well as the standards LPL is legally bound to follow as a member of the broker protocol for recruiting.

The suit adds that LPL’s conduct “abandons all reasonable notions of client privacy rights and subjects the advisors it recruits to regulatory, and in some cases even criminal, exposure.”

LPL. in a statement shared with ThinkAdvisor via email, said it strongly disagrees: “Ameriprise’s actions are part of an ongoing effort to hinder competition in the financial services space and intimidate its advisors who might consider leaving to join another firm.

“As a steward of independence in our industry, LPL will vigorously defend itself against these claims and all of Ameriprise’s equally frivolous cases,” LPL added.

More Lawsuit Issues

Ameriprise is seeking a preliminary injunction to block LPL from “retaining, using, disclosing, or transmitting for any purpose, including the solicitation or conducting of business with current, former, or prospective Ameriprise clients, such information contained in the records of Ameriprise, or other information pertaining to Ameriprise clients that it improperly obtained.”

That includes, but is not limited to, “the sensitive and protectable personal data and financial information of the clients and, further, to prevent Defendant LPL from destroying, erasing or otherwise making unavailable for further proceedings in this matter any such documents and/or data,” the suit states.

Related: Ameriprise, LPL Battle in Court Over Father-Son Advisor Team That Switched Firms

In a statement Tuesday, Ameriprise said “LPL is reckless and putting clients at risk by instructing the new advisors it recruits to upload spreadsheets with confidential client information into LPL’s systems — including, but not limited to social security numbers, date of birth, net worth, and detailed account information, to poach clients without prior knowledge or consent.”

For years, Taaffe added, “LPL has flagrantly disregarded industry protocols in how it recruits financial advisors — and they have obtained and mishandled trade secrets and sensitive client data to which they are not entitled.”

The attorney explained, “It is time for LPL to be held accountable for their reckless disregard for clients and advisors — and the fact that they have demonstrated zero semblance of care when handling the personal information of thousands of unsuspecting investors who are unaware that LPL allowed and encouraged its recruits to engage in this misconduct.”

As of June 30, LPL’s advisor headcount was 23,462, up 1,520 from a year ago; advisory and brokerage assets stood at $1.5 trillion.

Ameriprise said its Advice and Wealth Management unit added 118 advisors over the past 12 months, giving it 10,392 advisors as of June 30. The unit’s total client assets were $972 billion.

Credit: Bloomberg


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