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Auction Rate Securities Attorney

Auction rate securities are a type of investment which have been marketed to investors as being more secure than money market accounts. Due to instability in the marketplace, many investors in auction rate securities have suffered unexpected losses due to their inability to sell the securities and the failure of auctions. An auction rate securities attorney represents investors who may have claims against brokerage firms arising from the losses they suffered. Common claims which may be filed in connection with auction rate securities include securities fraud through misrepresentation and omissions, negligence, common law fraud, breach of fiduciary duty, failure to supervise, breach of contract, and suitability. Although there are class action suits pending regarding auction rate securities, many auction rate securities attorneys recommend that their clients pursue individual claims instead. One of the primary reasons for this is that individual arbitration claims can be resolved in less than a year, while class actions can take several years to resolve.

Fast Facts

  • Most brokerage agreements contain arbitration clauses which require the parties to the agreement to arbitrate any disputes which may arise. Such clauses limit an investor's ability to sue in a court of law in the event of a dispute.
  • If you have lost money on auction rate securities and your brokerage firm offers to lend you money, beware. The interest rate on the loan may be higher than the yield on the securities and the brokerage may ask you to sign a document waiving your right to purse legal action against it.

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