SEC sued over broker-dealer texting fines data
A lawsuit filed today against the SEC seeks information about how the agency has calculated billions of dollars in fines against brokerdealers for off-channel communications record keeping failures. Since 2021, the Securities and Exchange Commission has been on an enforcement blitz with broker-dealers and RIAs over that issue. Many large firms, including JPMorgan, Bank of America, Barclay’s, Citigroup, Credit Suisse, Deutsche, Goldman Sachs, and Morgan Stanley have agreed to pay $125 million each to settle SEC charges, though smaller ones have had penalties of less than half that amount. In its lawsuit filed in US District Court in Florida, the American Securities Association is trying to force the SEC to provide documents showing how those amounts were reached. That group earlier this year filed three Freedom of Information Act requests with SEC that were subsequently denied.
“In the Fall of 2021, the SEC began to investigate certain brokerdealers’ retention of ‘off-channel’ communications, such as text messages on personal devices. The SEC demanded scores of documents from numerous companies without any suspicion that they violated the commission’s rules,” the lawsuit stated. “There appears to be no rhyme or reason for how the SEC imposed these penalties, and the SEC has provided little explanation into its decision making. The regulated community thus is left with many questions.”
Investment News
‘Extraordinarily large’ sums prompt American Securities Association’s lawsuit, which asks commission to turn over documents showing how those amounts were reached.

