Find Out How Long You Have to Hire a Stockbroker Fraud Lawyer to Pursue a Claim in FINRA Arbitration
If you have suffered fraudulent investment losses, hiring a stockbroker fraud attorney is the first step toward holding your broker accountable. In most cases, defrauded investors can pursue claims against their brokers in FINRA arbitration, and our attorneys have decades of experience successfully pursuing these claims on behalf of our clients.
All stockbroker fraud claims are subject to statutes of limitations. These are laws that place an outer limit on how long you have to assert your legal rights. The Financial Industry Regulatory Authority (FINRA) has established a deadline for asserting claims in arbitration as well.
How Long Do You Have to File a Stockbroker Fraud Claim?
So, how long do you have to file a stockbroker fraud claim? The answer is more complicated than you might think. In most cases, there are three deadlines that will potentially apply:
The Two-Year Statute of Limitations for Claims Under Federal Securities Laws
The Securities Exchange Act of 1934 and Rule 10b-5 govern most stockbroker fraud claims filed under federal law. Claims filed under the Securities Exchange Act of 1934 and Rule 10b-5 are subject to a two-year statute of limitations.
The two-year statute of limitations runs from the date that the investor learned of, or reasonably should have learned of, the fraud. If the fraud is ongoing, the statute of limitations typically doesn’t start to run until the end of the fraudulent scheme.
The Five-Year Statute of Repose for Claims Under Federal Securities Laws
In addition to the two-year statute of limitations, stockbroker fraud claims under federal law are also subject to a five-year statute of repose. The statute of repose bars investors from filing claims even if they haven’t discovered the fraud within this five-year period.
The Six-Year Deadline for FINRA Arbitration
In addition to pursuing claims against their stockbrokers under federal law, defrauded investors can also pursue claims under FINRA’s Rules. FINRA has established a six-year deadline for filing claims in FINRA arbitration.
As FINRA notes, while the Rules, “allow a claim to be filed within 6 years of the occurrence or event giving rise to the cause of action . . . ‘statutes of limitations’ [for certain federal claims] may be shorter than 6 years.” However, since the protections in FINRA’s Rules largely mirror those established under federal law (and expand upon them in many respects), defrauded investors will have up to six years to assert their rights in FINRA arbitration in most cases.
Schedule a Free Consultation with an Experienced Stockbroker Fraud Attorney
If you need to know more about filing a claim against your stockbroker, we encourage you to schedule a free consultation at Zamansky LLC. Our lawyers represent defrauded investors in FINRA arbitration cases nationwide. To speak with an experienced stockbroker fraud lawyer about your legal rights as soon as possible, please call 212-742-1414 or contact us confidentially online today.