Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search

underpants

(182,720 posts)
Thu Feb 9, 2017, 09:29 PM Feb 2017

Damn! Trump lost on the Fiduciary Rule too?!?!

I must have missed this yesterday


US court upholds Obama-era retirement advice rule

https://www.google.com/amp/www.cnbc.com/amp/2017/02/09/us-court-upholds-obama-era-retirement-advice-rule.html?client=safari

A U.S. federal judge on Wednesday upheld an Obama-era rule designed to avoid conflicts of interests when brokers give retirement advice, in a possible setback for President Donald Trump's efforts to scale back government regulation.

The stinging 81-page ruling comes just days after Trump ordered the Labor Department to review the "fiduciary" rule — a move widely interpreted as an effort to delay or kill the regulation.

The decision by Chief Judge Barbara Lynn for the U.S. District Court for the Northern District of Texas is a stunning defeat for the business and financial services industry groups that had sought to overturn it.

61 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Damn! Trump lost on the Fiduciary Rule too?!?! (Original Post) underpants Feb 2017 OP
Good news. I missed it too. DURHAM D Feb 2017 #1
I just saw it on FB underpants Feb 2017 #8
Give the man time 90-percent Feb 2017 #2
I'll give him time... dchill Feb 2017 #26
keep getting this oh this moron is the most Right Wing idiot ever PatrynXX Feb 2017 #29
The Republicans and Trump are going after your ability to sue corporations Dustlawyer Feb 2017 #43
I don't think our Founding Fathers envisioned 90-percent Feb 2017 #54
This is Uuuuuuuuuuuuuuuuuuuuge! malaise Feb 2017 #3
Does their trying to get this reversed not tell you everything underpants Feb 2017 #6
And this was at the TOP of their agenda--so yes-- slumcamper Feb 2017 #17
I hate capitalism just as much as the next guy. Fantastic Anarchist Feb 2017 #40
We knew that ages ago malaise Feb 2017 #20
They can't see the correlation. DK504 Feb 2017 #48
Damn. Seriously. Ms. Toad Feb 2017 #4
You can move your investments "in kind", that is, marybourg Feb 2017 #33
All that is changing - they will be forced to impose the same Ms. Toad Feb 2017 #34
Call Vanguard or Fidelity or Schwab ( or all 3) and talk to them. I think you'll be marybourg Feb 2017 #37
Today they could accommodate me - Ms. Toad Feb 2017 #39
Yeah, I have Fidelity and Schwab and they both work well and with low fees. harun Feb 2017 #55
I missed this too theglammistress Feb 2017 #5
This is even better news, they'll appeal but this but the appeal theory has to be strong. Fud rules uponit7771 Feb 2017 #7
Colbert said this on his show the Colbert Report years ago Victor_c3 Feb 2017 #9
First time I've heard any agency finally recognize the concept of fiduciary responsibility. Baitball Blogger Feb 2017 #10
"You'll get tired of winning" safeinOhio Feb 2017 #11
I guess I missed it because NO tweetstorm about it benld74 Feb 2017 #12
At this point it's too complicated Mr.Bill Feb 2017 #14
Two syllables? 47of74 Feb 2017 #23
That's good news, but... TrollBuster9090 Feb 2017 #13
Yeah, but to do that Mr.Bill Feb 2017 #15
they only need 50 votes and they have them...n/t bluecollar2 Feb 2017 #28
To overturn or pass legislation they need 60 votes to overcome Mr.Bill Feb 2017 #38
not if they suspend the rule....n/t bluecollar2 Feb 2017 #42
And I don't think they will Mr.Bill Feb 2017 #56
looks like they're gonna go for it bluecollar2 Feb 2017 #58
It wasn't even that FBaggins Feb 2017 #31
Thanks for the correction. Bad subject line. My mistake underpants Feb 2017 #45
This administration is such a shitstorm, it's hard to keep up with everything. progressoid Feb 2017 #16
and that shitstorm creation is by design 90-percent Feb 2017 #27
Having totally pissed off the intelligence community Rural_Progressive Feb 2017 #59
Yeah, while you are trying to figure out what and why he did one thing, he does 3 more... Alice11111 Feb 2017 #49
There is speculation that 45 can't read. Stir that one into the pot and see what you get. Doitnow Feb 2017 #52
Yahooo!!! nt LAS14 Feb 2017 #18
KNR Lucinda Feb 2017 #19
Great news! StarryNite Feb 2017 #21
YESSSSS!!!!!!! 50 Shades Of Blue Feb 2017 #22
Fantastic.. annabanana Feb 2017 #24
Great news gademocrat7 Feb 2017 #25
He can still repeal it Sgent Feb 2017 #30
Thanks for the correction. Bad subject line. My mistake. underpants Feb 2017 #44
I hope these judges don't get Trumped IronLionZion Feb 2017 #32
a texas judge too! DonCoquixote Feb 2017 #35
This is incredibly good news for everyday people! Greybnk48 Feb 2017 #36
Obama +1! blotus 0x3 Cha Feb 2017 #41
I know, right? Baitball Blogger Feb 2017 #46
Kudos to the American system of justice. Nitram Feb 2017 #47
Look into this rule a little more. It upped our 401k plan fees by thousands. MadDAsHell Feb 2017 #50
Well, if our financial advisor tries to pull that shit Greybnk48 Feb 2017 #51
Why wouldn't ANY advisor charge more? You're asking them to do extra work and take on extra risk. MadDAsHell Feb 2017 #53
K & R Lifelong Protester Feb 2017 #57
For those not aware, here's a quick rundown with John Oliver doing the explaining... Grins Feb 2017 #60
"a stunning defeat mdbl Feb 2017 #61

90-percent

(6,828 posts)
2. Give the man time
Thu Feb 9, 2017, 09:37 PM
Feb 2017

Dismantling Democracy takes months, not weeks.

At least it did after Hitler was appointed President.

-90%

PatrynXX

(5,668 posts)
29. keep getting this oh this moron is the most Right Wing idiot ever
Thu Feb 9, 2017, 11:50 PM
Feb 2017

Not really. He is the most Authoritarian nut though. The opposite of a Libertarian. Hitler was just Right of Center, so indeed Trump is to the right of Hitler but Authoritarian is the problem here (another noteable Authoritarian is Stalin) hmmm all 3 seem to by Tyrants and it never ends well, just had no idea we'd have one in America. Then again didn't think... ahem can't say that. Sigh. Gotta get past that problem. Trumps the issue now. I'm just no longer free to say anything anymore

Dustlawyer

(10,494 posts)
43. The Republicans and Trump are going after your ability to sue corporations
Fri Feb 10, 2017, 09:22 AM
Feb 2017

next week with 5 different tort reform bills. Along with gutting regulations that keep us safe, now they want virtual immunity from any civil actions for the harm this will cause!!!

Call your representatives on this please. They really are taking away our Freedoms!!!!

90-percent

(6,828 posts)
54. I don't think our Founding Fathers envisioned
Fri Feb 10, 2017, 04:10 PM
Feb 2017

that the route for "life, liberty and the pursuit of happiness" would end up being a life time of economic servitude to the wealthy corporate monarchs of today? They founded the USA to escape tyranny, not create it!

-90% Jimmy

underpants

(182,720 posts)
6. Does their trying to get this reversed not tell you everything
Thu Feb 9, 2017, 09:42 PM
Feb 2017

you need to know?

I know there were issues with being sued but TOUGH LUCK STOP RIPPING PEOPLE OFF!

slumcamper

(1,605 posts)
17. And this was at the TOP of their agenda--so yes--
Thu Feb 9, 2017, 10:21 PM
Feb 2017

it speaks loudly. It may not tell us everything but it's a pretty loud siren that they essentially seek to regress to a place of "BUYER BEWARE" or "Sorry. No protections. You're on your own. You're screwed."

Isn't this also "picking winners and losers," the exact thing free-marketers rail about?

The Trump agenda is some real shitty capitalism, folks.

Why am I NOT surprised?

DK504

(3,847 posts)
48. They can't see the correlation.
Fri Feb 10, 2017, 11:55 AM
Feb 2017

The KumQuat Commie thinks they are just being mean to him. He'll be on Twitter to let all of us know about it momentarily.

Ms. Toad

(34,055 posts)
4. Damn. Seriously.
Thu Feb 9, 2017, 09:41 PM
Feb 2017

There are parts of the rule Trump wants to block that are extremely expensive and paternalistic.

If I want to continue the kind of relationship I have with my broker (and reinvest the dividends on several mutual funds I selected more than a quarter of a century ago), I will have to switch to paying a fee based on the size of the investment (as opposed to the token fee I currently pay annually). Mutual funds are considered actively managed - so I must either sell off these investments for EFTs, or pay a flat fee that anticipates frequent trading (which I don't do) - and saves investors from shady brokers who make money by churning.

In other words - because becuase some brokers abuse retiree accounts by constantly trading mutual funds, I have to pay as if I traded an average of perhaps a dozen times a year, even though I've traded - I believe - once in the 15 years this broker has been managing my account.

I don't know what the rest of this order does - but I was hoping this was one EO I could actually benefit from.

marybourg

(12,606 posts)
33. You can move your investments "in kind", that is,
Fri Feb 10, 2017, 12:06 AM
Feb 2017

without selling them and incurring capitol gains tax, to any of several low-cost brokers such as Schwab, Vanguard, Fidelity and pay very low costs. especially if you're a buy and hold investor.

Ms. Toad

(34,055 posts)
34. All that is changing - they will be forced to impose the same
Fri Feb 10, 2017, 12:22 AM
Feb 2017

balance-based fees for retirements accounts comprised of mutual funds. The percentage may be lower, but it will still be a balance-based fee (which I've always rejected). The exception for for aggregated stocks & bonds only applies to EFTs. And any dividends from the mutual funds I've held for a quarter of a century have to be spun into EFT, rather than continuing to grow the funds that have done well for me. {Those brokers would be great for non-retirement accounts - the new rules only apply to tax-advantaged retirement accounts.}

So my current plan is to hold the mutual funds, and set up new accounts with EFTs purchased with any new money + dividends from the funds I can't buy any more of without switching to a balance-based fee.

It really pisses me off that I can't continue to pay the flat-fee pittance to my broker because some brokers have abused the system. (Not to mention that my spouse is with one of those abusers - and he talked her into switching to a balance-based system early, with permission to shift money around without even getting her consent - and is gleefully charging her about 30% more than my broker feels guilty about charging me if I move to an actively traded retirement account. So the new system has actually made it easier for this particular kind of abuse with respect to our family's retirement money.)

marybourg

(12,606 posts)
37. Call Vanguard or Fidelity or Schwab ( or all 3) and talk to them. I think you'll be
Fri Feb 10, 2017, 12:42 AM
Feb 2017

surprised how well you can be accommodated, with no balance based fees, only a small charge for each trade, of which you do few.

Ms. Toad

(34,055 posts)
39. Today they could accommodate me -
Fri Feb 10, 2017, 01:45 AM
Feb 2017

But my understanding is that all changes as of April 10 for tax-favored retirement accounts, based on the new regulations set to take effect then, unless I switch from mutual funds to EFTs.

(Aside from which, since part of my goal is to keep the mutual funds I have and keep them growing, moving to entities that aren't associated with those particular funds (aside from one Fidelity fund) would also defeat the purpose.)

uponit7771

(90,323 posts)
7. This is even better news, they'll appeal but this but the appeal theory has to be strong. Fud rules
Thu Feb 9, 2017, 09:43 PM
Feb 2017

... are very needed.. they're fud rules for real estate agents there should be some for financial agents too

Victor_c3

(3,557 posts)
9. Colbert said this on his show the Colbert Report years ago
Thu Feb 9, 2017, 09:49 PM
Feb 2017

"One person's ethics are another person's regulations - and we all know regulations are bad!"

I'm sure I'm messing it up, but I love to repeat that all the time in arguments with conservatives

Baitball Blogger

(46,697 posts)
10. First time I've heard any agency finally recognize the concept of fiduciary responsibility.
Thu Feb 9, 2017, 09:52 PM
Feb 2017

The tide must be, indeed, changing.

Mr.Bill

(24,262 posts)
14. At this point it's too complicated
Thu Feb 9, 2017, 10:17 PM
Feb 2017

for 45 to understand it and comment on it. "Muslim Ban" is so much easier for him and his base to toss around on twitter. When the words get over two syllables they are kind of lost.

TrollBuster9090

(5,954 posts)
13. That's good news, but...
Thu Feb 9, 2017, 10:05 PM
Feb 2017

But it was only overturning an Executive Order. I have no doubt that the GOP Congress will repeal Dodd-Frank and other laws fairly quickly. So, it might be a hollow victory.

Mr.Bill

(24,262 posts)
56. And I don't think they will
Fri Feb 10, 2017, 04:54 PM
Feb 2017

unless they are damn sure they will do well in the 2018 elections. And with a loose cannon in the White House, they are far from sure of that.

bluecollar2

(3,622 posts)
58. looks like they're gonna go for it
Fri Feb 10, 2017, 11:51 PM
Feb 2017

I wonder what the odds are in Vegas.

I'd bet on the Republicans going for broke and stealing the next elections now that they have Sessions as AG

FBaggins

(26,727 posts)
31. It wasn't even that
Thu Feb 9, 2017, 11:53 PM
Feb 2017

The case was just a ruling against those fighting the rule in court. It doesn't have anything to do with the executive order. The fact that a regulation is found to be legal doesn't keep it from being changed by the next administration.

90-percent

(6,828 posts)
27. and that shitstorm creation is by design
Thu Feb 9, 2017, 11:44 PM
Feb 2017

even thought Adolph probably didn't use that exact term in Mein Kampf. This book acting as an unpaid consultant for 45's campaign and administration.

shit storm, gas lighting. All social technologies used with great effect by former Trump consultant Joesef Goebbels.

THE BIG LIE

This admin is so stoopit they probably think they will be able to successfully pull off a false flag terrorist attack on U.S. soil. It would be delicious to see the perp walks if such an event ever reaches our Court System.

90%

Rural_Progressive

(1,105 posts)
59. Having totally pissed off the intelligence community
Sat Feb 11, 2017, 02:24 PM
Feb 2017

It's hard to believe that Rasput..........oops I mean Bannon will be willing to take a run at a false flag operation. But my, oh my, it sure would be the end of the entire cabal.........my bad, I mean administration if they do.

Alice11111

(5,730 posts)
49. Yeah, while you are trying to figure out what and why he did one thing, he does 3 more...
Fri Feb 10, 2017, 01:59 PM
Feb 2017

Even he has no idea of the consequences. He just acts on impulsive ideas. No time for counsel or intelligence briefings. He loves the pace and stimulation though, like a coke head. Then, Bannon put the order in front of him which put Bannon on the NSC, and 45 claims he didn’t know. Any real president would have fired him immediately, not to mention he would have read the order before signing. Pretty scarry when he even admits he's not reading the orders they stick in front of him.

annabanana

(52,791 posts)
24. Fantastic..
Thu Feb 9, 2017, 11:10 PM
Feb 2017

Now what's the situation for the Consumer Financial Protection Bureau?

on edit: (looking around), . . . aw crap:

Consumer Bureau Foe Maps Out a Plan for Its Destruction
http://www.govexec.com/oversight/2017/02/consumer-bureau-foe-maps-out-plan-its-destruction/135294/?oref=govexec_today_pm_nl

Continuing his crusade against “the most powerful, least accountable agency in U.S. history,” House Financial Services Committee Chairman Rep. Jeb Hensarling, R-Texas, took to the op-ed page of the Wall Street Journal on Thursday with a tactical plan for shutting down the Consumer Financial Protection Bureau.

Sgent

(5,857 posts)
30. He can still repeal it
Thu Feb 9, 2017, 11:52 PM
Feb 2017

by revoking / suspending the rule.

This lawsuit was against Obama, and said the Fud rule was illegal. The decision just says that the fud rule is in fact legal.

IronLionZion

(45,403 posts)
32. I hope these judges don't get Trumped
Thu Feb 9, 2017, 11:58 PM
Feb 2017

I'm grateful they are standing tall against tyranny. But I'm sure Trump's people are planning out all sorts of dastardly punishments

Greybnk48

(10,167 posts)
36. This is incredibly good news for everyday people!
Fri Feb 10, 2017, 12:34 AM
Feb 2017

I missed it too, but thanks to you I will go to bed happy! I gave you a heart in gratitude!!

Baitball Blogger

(46,697 posts)
46. I know, right?
Fri Feb 10, 2017, 10:33 AM
Feb 2017

It's a rite of passage in my right-wing community to break fiduciary responsibilities. No one ever suffers the consequences.

Nitram

(22,776 posts)
47. Kudos to the American system of justice.
Fri Feb 10, 2017, 11:19 AM
Feb 2017

It has its flaws, it makes mistakes, but it is now playing an essential role in the checks and balances that protect our government from abuse of power.

 

MadDAsHell

(2,067 posts)
50. Look into this rule a little more. It upped our 401k plan fees by thousands.
Fri Feb 10, 2017, 02:19 PM
Feb 2017

People need to understand that TPAs and brokers won't take on this fiduciary role for free.

Everyone in my plan now pays more because of this. There's ALWAYS a cost to regulation, and it ain't always on the businesses.

Greybnk48

(10,167 posts)
51. Well, if our financial advisor tries to pull that shit
Fri Feb 10, 2017, 02:57 PM
Feb 2017

I know exactly the person we'll be transferring our business to.

P.S. I fucking LOVE Government regulations, especially the one's that protect my family from greedy assholes.

 

MadDAsHell

(2,067 posts)
53. Why wouldn't ANY advisor charge more? You're asking them to do extra work and take on extra risk.
Fri Feb 10, 2017, 03:41 PM
Feb 2017

Would you do that for free?

Grins

(7,203 posts)
60. For those not aware, here's a quick rundown with John Oliver doing the explaining...
Sat Feb 11, 2017, 05:05 PM
Feb 2017

John Oliver:



The part about Congress (i.e., Republicans) trying to shut this down starts around the 16:20 mark.

Fun fact!!

The lead attorney for the plaintiffs in the case of Chamber of Commerce et al v. US Dept of Labor was - Eugene Scalia! Yes; son of THAT Scalia.

mdbl

(4,973 posts)
61. "a stunning defeat
Sun Feb 12, 2017, 03:28 PM
Feb 2017

a stunning defeat for the business and financial services industry groups that had sought to overturn it."

What the F(*& is wrong with these people? Why don't they just say they want to be crooks? Why can't we just be crooks and be left alone? Holy' Sh!^ this country is screwed.

Latest Discussions»General Discussion»Damn! Trump lost on the F...