What is a ‘Complaint’?
A complaint is any written grievance from a customer. ‘Written’ includes paper letters, emails, text messages, social media posts, etc. Oral (spoken) complaints do not have regulatory standing, though firms will have their own internal procedures for them.
What is the first step a registered representative must take when they receive a written customer complaint?
They must immediately forward the complaint to a supervising principal. A registered representative should never attempt to resolve a complaint on their own.
How long must a firm maintain records of written customer complaints?
For a minimum of four years after the complaint has been resolved. Firms must also submit a quarterly report on all written complaints to FINRA.
If a customer decides to withdraw a written complaint, can the firm discard the record?
No. A record of the complaint and its resolution must still be maintained for four years, and it must still be included in the firm’s quarterly report to FINRA.
What is mediation, and when is it used?
Mediation is an informal process where a neutral third party (a mediator) helps both sides try to reach a mutually acceptable resolution. FINRA encourages parties to attempt mediation before beginning the more formal and costly arbitration process.
How is the settlement finalized if a dispute is successfully resolved through mediation?
The issue is considered settled when both parties sign a memo of understanding (MOU).
What is a member firm’s obligation regarding the FINRA manual?
All member firms must make a current copy of the FINRA manual available for examination by customers upon their request. Providing electronic access to the manual is acceptable.