Investor Topics
Concentration & Unsuitability
Two of the most common — and most recoverable — problems behind structured-product losses.
What 'unsuitability' means
An investment is unsuitable when it does not fit your investment profile — your age, time horizon, risk tolerance, income needs, experience, and financial situation. A complex, illiquid structured product recommended to a retiree who needs safety and access to cash is a classic example.
Suitability (now reinforced by Regulation Best Interest) is a cornerstone of securities law. If a recommendation never fit your circumstances, the resulting loss may be recoverable.
The danger of over-concentration
Concentration means too much of your portfolio is placed in a single investment, issuer, sector, or type of product. Diversification exists to limit the damage any one holding can do; concentration removes that protection.
Over-concentration in structured notes — especially notes tied to the same issuer or the same handful of stocks — has driven some of the largest recent investor losses and arbitration awards.
Why these claims succeed
Unsuitability and over-concentration are well-established grounds for recovery in FINRA arbitration. They focus the case on what the broker should have known and done, measured against your actual circumstances — a standard arbitrators understand well.
More Investor Topics
Variable Annuity Fraud
Variable annuities are among the most heavily commissioned products a broker can sell, and among the most frequently sold to investors they do not suit.
Learn moreRegulation Best Interest (Reg BI)
The SEC rule that requires brokers to put your interests first — and what it means when they sell you a complex structured product anyway.
Learn moreStockbroker Misconduct & Failure to Supervise
When a broker breaks the rules — and when the firm that employed them is on the hook for failing to supervise.
Learn moreElder Financial Fraud
Older investors are disproportionately targeted for — and harmed by — complex, high-commission products. The law offers them particular protections.
Learn more
Talk to a structured products attorney — for free
Find out whether you have a claim in a free, confidential case evaluation. There is no obligation, and you pay no attorneys' fees unless we recover for you.*
