Ameriprise, LPL agree to third-party intervention in recruiting dispute

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Photos courtesy of: adobe-stock and LPL

Ameriprise and LPL Financial have agreed to bring in a third-party forensic company to help preserve evidence in a wide-ranging recruiting dispute while they await a resolution from a FINRA arbitration panel.

In a judicial order approved Friday in federal district court in southern California, the two rival firms agreed to bring in a third-party firm to preserve any customer information LPL may have obtained by recruiting Ameriprise advisors. The order states that questions over the ultimate ownership of this data, and any legal damages arising from LPL's possession of it, will be decided by an arbitration panel provided by the Financial Industry Regulatory Authority.

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Ameriprise sued LPL in July over allegations that its rival had engaged in a "widespread pattern and practice of harvesting and misappropriating Ameriprise's private, confidential client information and trade secrets." Ameriprise accused LPL of using a "bulk upload tool" from 2018 to the start of 2022 to help 30 recruited advisors transfer customer data, including social security numbers, account numbers, account information, routing numbers, client dates of birth, client ID numbers, account values and securities values.

Some of the people whose information was transferred ultimately became LPL clients while others remained with Ameriprise. Friday's order says a third-party company will now be responsible for finding client information on LPL advisors' personal devices and other data repositories and making "forensic copies" of it. The consultant will then erase the advisors' copies of the data.

LPL is also to conduct its own review of its data repositories and erase any non-customer information that's been retained after making forensic copies of it. An LPL executive testified in October that the firm's bulk upload tool had been used to transfer data for 4,500 current or former Ameriprise clients. The executive said LPL no longer uses the bulk upload tool with recruits from Ameriprise. 

LPL did not respond to requests for comment. An Ameriprise spokesperson called Friday's court order "a victory for clients and our industry."

"We're pleased the judge recognized LPL's ongoing practice of misusing private, confidential client information while recruiting advisors," according to the spokesperson. "Importantly, LPL has been called to account for violating multiple securities laws and regulations, as well as the industry standards for broker recruiting. We will continue to pursue our case on its merits in the ongoing FINRA arbitration given the strength of the facts."

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Regulation and compliance Industry News Lawsuits Litigation Recruiting Independent advisors Ameriprise LPL Financial
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