Investor Topics
Concentration & Unsuitability
Two of the most common — and most recoverable — problems behind structured-product losses.
What 'unsuitability' means
An investment is unsuitable when it does not fit your investment profile — your age, time horizon, risk tolerance, income needs, experience, and financial situation. A complex, illiquid structured product recommended to a retiree who needs safety and access to cash is a classic example.
Suitability (now reinforced by Regulation Best Interest) is a cornerstone of securities law. If a recommendation never fit your circumstances, the resulting loss may be recoverable.
The danger of over-concentration
Concentration means too much of your portfolio is placed in a single investment, issuer, sector, or type of product. Diversification exists to limit the damage any one holding can do; concentration removes that protection.
Over-concentration in structured notes — especially notes tied to the same issuer or the same handful of stocks — has driven some of the largest recent investor losses and arbitration awards.
Why these claims succeed
Unsuitability and over-concentration are well-established grounds for recovery in FINRA arbitration. They focus the case on what the broker should have known and done, measured against your actual circumstances — a standard arbitrators understand well.
More Investor Topics
Regulation Best Interest (Reg BI)
The SEC rule that requires brokers to put your interests first — and what it means when they sell you a complex structured product anyway.
Learn moreStockbroker Misconduct & Failure to Supervise
When a broker breaks the rules — and when the firm that employed them is on the hook for failing to supervise.
Learn moreElder Financial Fraud
Older investors are disproportionately targeted for — and harmed by — complex, high-commission products. The law offers them particular protections.
Learn more
Talk to a structured products attorney — for free
Find out whether you have a claim in a free, confidential case evaluation. There is no obligation, and you pay no attorneys' fees unless we recover for you.*
