Explained | The regulatory and legal headwinds facing Robinhood

Jan 29, 2022
Robinhood

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Regulators have issued subpoenas or sought testimony and data from the corporate and CEO Vladimir Tenev as a part of investigations into buying and selling restrictions the brokerage imposed in the course of the meme-stock volatility a yr in the past.

Robinhood Markets remains to be going through quite a lot of authorized and regulatory threats a yr after the retail “meme inventory” buying and selling frenzy led the brokerage to limit buying and selling in some shares, infuriating prospects.

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That episode sparked a number of authorities probes, a flurry of personal lawsuits by aggrieved prospects and traders, and intensified regulatory scrutiny of Robinhood’s enterprise mannequin, all of which weighed on the corporate’s share worth.

“Robinhood operates in an {industry} that’s extremely regulated and topic to sturdy oversight,” Dan Gallagher, Robinhood’s chief authorized and company affairs officer, stated in an announcement.

“Now we have constructed industry-leading authorized and compliance groups to assist be certain that Robinhood stays the platform of selection for tens of millions of traders,” he added.

The corporate has additionally claimed some current victories in court docket. Listed below are the newest developments:

‘Meme inventory’ probes, lawsuits

Regulators have issued subpoenas or sought testimony and data from the corporate and CEO Vladimir Tenev as a part of investigations into buying and selling restrictions the brokerage imposed in the course of the meme-stock volatility a yr in the past, Robinhood disclosed in July and once more in an up to date October submitting.

The regulators included the U.S. Legal professional’s Workplace for the Northern District of California, the U.S. Justice Division, the U.S. Securities and Change Fee (SEC), the Monetary Business Regulatory Authority (FINRA), the New York Legal professional Common’s Workplace, different state attorneys normal, Congress and a few state securities regulators, Robinhood stated on the time.

Robinhood can also be going through non-public lawsuits associated to the meme inventory volatility and its core enterprise practices, reminiscent of payment-for-order circulation (PFOF), whereby retail brokers route orders to wholesale market makers in return for fee.

The corporate has seen some success on that entrance. A federal choose on Thursday dismissed traders’ claims of negligence and breach of fiduciary obligation.

The identical Miami choose beforehand dismissed one other lawsuit accusing Robinhood and different brokerages of colluding with market maker Citadel Securities to forestall “meme shares” from rising, allegations the businesses deny. The plaintiffs have refiled the lawsuit.

One other go well with alleging Robinhood violated securities regulation amid the meme inventory fracas is pending.

Different investigations, authorized dangers

This month a FINRA arbiter stated Robinhood owed just below $30,000 in damages to a person who sought compensation for alleged negligence, breach of contract and different points associated to the brokerage’s buying and selling restrictions of January 2021. It was the primary such profitable declare, after others had been denied. Jorge Altamirano, the lawyer for the Robinhood buyer, stated his agency has acquired “an amazing outreach” from others and is presently vetting authorized claims.

Robinhood can also be being probed by New York state’s Division of Monetary Providers over anti-money laundering and cybersecurity points.

In April 2021, the California Legal professional Common’s Workplace issued a subpoena searching for paperwork about Robinhood’s buying and selling platform, enterprise and operations, and the applying of California’s commodities rules to the platform, the October submitting says.

The Massachusetts Securities Division (MSD) additionally sued Robinhood in December 2020 alleging unethical and dishonest conduct and failure to behave in accordance with its fiduciary obligation amongst different lapses. Robinhood has rejected the allegations and is combating the go well with.

Each the SEC and FINRA have requested info from the agency about its now-defunct “For You” characteristic and “different options displaying lists of securities to prospects.”

Spokespeople for California’s lawyer normal and FINRA declined to remark. The opposite businesses didn’t reply to requests for remark. Robinhood, which has stated it’s cooperating with the probes, declined to supply contemporary particulars on them.

New rules

As a result of meme inventory saga, the SEC is scrutinising commission-free brokers’ enterprise practices, most notably PFOF. Transaction-based income accounts for greater than 70% of Robinhood’s income, the corporate stated on Thursday.

SEC Chair Gary Gensler has questioned whether or not brokers are incentivized to encourage prospects to commerce extra regularly to spice up their earnings and has floated banning PFOF.

The company can also be analyzing the usage of game-like options to encourage buying and selling and different digital engagement practices.

New regulation in these areas might require “important adjustments to our enterprise mannequin,” Robinhood has warned.


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