July 30, 2010
I believe we are already acting in the "best interest" of our clients, the Act does not define what the rules are for compliance with a legal "best interest" standard - thus subjecting registered representatives to the potential of never ending lawsuits. For example, is "best" the cheapest recommended product? The "best" premium relative to the benefit of the product? The product with the "best" historic underwriting and service standards? Is it the one from the carrier with the "best" rating? The fiduciary standard in essence adds a vague legal liability standard that looks back (sometimes after many years) and is enforced after the fact by the SEC or trial lawyers who have perfect vision in hindsight. I am already required to have 24 hours of continuing education each biennium. This costs time money which is in turned passed on to the client. We also have to carry errors omissions insurance to cover liability issues. Please carefully consider the long term ramifications of this decision for all parties involved. Thank you for your consideration in this manner.