Beware- Variable Annuities - Regulator Crackdowns
In 2005, the NASD says its continued focus on the sale of variable annuities and variable life
products resulted in the filing of 88 cases in 2005!! One of the 88 cases involved Waddell & Reed, in which the firm agreed to pay a
$5 million fine and $11 million in restitution to injured customers for
engaging in a campaign to exchange the variable annuity contracts of thousands
of customers without regard to the suitability of those switches. Details of this case at the NASD website at http://www.nasd.com/PressRoom/NewsReleases/2005NewsReleases/NASDW_013886
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From www.onlinelawyersource.com
Massachusetts announced in early August 2005 after state regulators applied
pressure that Bank of America agreed to allow customers who were 78 years or
older when they were sold a variable annuity in 2003 and 2004 to get a refund.
In response to the Bank of America action, it was predicted that other financial
services would also be forced to offer the same type of opportunity to their
customers.
New Jersey, California and a number of other states have implemented laws
that would increase the oversight and scrutiny of some annuity sales. In July
2005, New Jersey began enforcing its Senior Citizen Investment Protection Act,
which limits how long annuity sellers can impose surrender charges. The state
became the third state, alongside Utah and Washington, to limit to no more than
10 years the length of time insurers can impose surrender charges.
California officials have received so many annuity complaints that
high-ranking government officials are pushing legislation that would impose
additional regulation or oversight of annuity sales. Missouri officials are also
pushing for similar actions.