At 91%, the overwhelming majority of retail investors support a
fiduciary standard for all financial advisors, according to a
survey of 2,012 investors polled in August by Infogroup/ORC.
The survey indicates that there is some surprise among
investors-seventy-six percent, to be exact-that their financial
advisors
aren't
, strictly speaking, acting in their best interests now as
fiduciaries.
Some 97% of investors agree with the statement (and 85% strongly
agrees) that "when you receive investment advice from a financial
professional, the person providing the advice should put your
interests ahead of theirs and should have to tell you upfront about
any fees or commissions they earn and any conflicts of interest
that potentially could influence that advice."
Rather than carve out exceptions for certain types of investment
salespeople, as groups representing broker-dealers tend to argue
for (see Advisor Groups Spar Over Fiduciary Solution), 96% of
investors say everyone selling investments, including insurance
agents selling annuities, should be held to a fiduciary
standard.
Speaking at a press conference, Mary Wallace, senior legislative
representative for AARP in Washington, D.C., laid out the finding
in no uncertain terms. "Some in the securities and insurance
industries would have you believe that the issues being discussed
today about the appropriate regulatory standard for investment
advisors and brokers is complicated and needs more study," she
said. "But, from the investor perspective, it actually is quite
simple: Every financial professional who offers investment advice
should be held to a fiduciary standard when they offer that
advice."
"Investors are basically clueless," added Barbara Roper,
director of investor protection for the Consumer Federation of
America. "They do not understand the differences in services being
provided. This lack of understanding is not because investors are
stupid. It is because the policy itself is stupid."
The study, commissioned by The Consumer Federation of America;
AARP, North American Securities Administrators Association, CFP
Board of Standards and the Investment Adviser Association, was
meant to remedy an imbalance, as the group sees it, to the deluge
of industry-driven responses to the Securities and Exchange
Commission's comment period on the fiduciary standard. The SEC has
received more than 2,500 responses during the open comment period,
but relatively few have come from the investing public.
"Most of the investors who come into my office with complaints
about brokers and advisors are not the type to fire off letters to
the SEC," said Denise Voight Crawford, president of the North
American Securities Administrators Association and Texas Securities
Commissioner, who participated in the call. "They are busy raising
families and trying to make ends meet. We know what they want and
what they deserve. They expect a fair deal when getting advice
about their investments."
The main presenters presented compelling arguments, but a
nagging issue arose during the call, however. Rand study in 2008
concluded pretty much the same thing-that investors were very
confused about the distinctions between investment advisors who
operate under the fiduciary standard and everyone else. The Rand
study got a lukewarm reception from the industry, because it did
not suggest a policy action.
Still, as the Securities and Exchange Commission undertakes its
six-month study on the differences between the fiduciary and
suitability practice standards, proponents say things could be
different this time.
Nevertheless, said David Tittsworth, executive director of the
Investment Advisors Association, the SEC could take these findings
seriously. "If you look at the lineup of the SEC today, it is
different from what it was in 1999," he said. "This survey is the
type of information the SEC can and should consider."