I often wonder how a person
who drives across town to save $10 on a major appliance can be the
same person who in the span of one telephone call will write a substantial
check to a complete stranger to purchase an investment. Stockbroker
"cold calls," as they are known, often originate from distant locations
and tout stocks typically unknown to you. What may sound like a great,
no-lose deal on the phone may turn out to be your worst financial
nightmare.
The securities industry is one of the more highly regulated
industries in the country. Unlike a used car salesman, a stockbroker
must pass a series of examinations and be licensed by the state. He
has to adhere to state and federal law that governs his conduct, as
well as rules of the National Association of Securities Dealers ("NASD")
and the New York Stock Exchange ("NYSE"). The NASD and NYSE have specific
rules designed to reign in a stockbroker's communication with the
public during a "cold call," for example.
Yet, no one is on the telephone
with stockbrokers and their clients or potential clients when a sales
pitch is under way. The stockbroker is required to act in your best
interest, however, that paradigm stands in raging conflict with the
reality that a stockbroker is paid based on how much he sells -- even
if he has a title like financial adviser. In the future, before you
whip out your checkbook and excitedly write a check and send it to
the stranger on the other end of the line, keep your ears open the
following "red flags":
1. Yap, Yap, Yap
Is the stockbroker doing all the talking?
Stockbrokers are required to learn essential facts about
you before recommending an investment. The NASD requires a stockbroker,
before executing a transaction for a customer, to obtain information
about your financial status, your tax status, and your investment
objectives. If you are being pitched a low priced security, you should
be asked about your other security holdings. If the stockbroker is
doing all of the talking, then he or she simply cannot know you well
enough to make a recommendation to you.
2. I'm buying it in my own account and in my mother's account.
It is not a per se violation for
a stockbroker to make this statement. However, you should know that
there are often brokerage firm policies that discourage this type
of statement. Realize that just because the investment may be suitable
for the stockbroker or his mother, that does not mean that it is suitable
for you. There is also the possibility that the claim is not true,
and you will never know it. Such a statement, while titillating, may
leave you in the dark regarding how much stock was bought, what price
was paid, or if the stock was subsequently sold.
3. It's going fast -- you need to Fed-Ex me a check.
This is usually a ploy to short
circuit your ability to ask questions, seek outside information, or
receive and review written materials. Don't fall victim to the undertone
of, "Everyone else is buying it and you should too."
4. You can't lose. It is a sure winner. I promise. I guarantee it.
If you hear
these words, don't even waste your time or breath. Hang up. It is
a direct violation for stockbrokers to assure clients or potential
clients of the profitability of a particular investment. Words like
"promise" and "guarantee" are the reddest of red flags. The above
remarks also cry out, "There is no risk in this investment," which
is not true. All investments involve some degree of risk. When securities
expert and investment advisor Douglas Schulz of Colorado Springs hears
such claims from stockbrokers' cold calls, he tape records them and
sends the tape to the state securities board.
5. You don't need to read the literature.
For almost every investment, there is some kind
of literature that goes with it -- usually a prospectus, research
or analyst reports, or other documentation about the company. You
may not have the time, expertise or desire to review and understand
this material, but the point is that the stockbroker should not discourage
you from receiving or reviewing such information.
6. I'm a specialist in....
There are very few "specialist" stockbrokers and those who
are typically sell to institutions, not individuals. The vast majority
of brokers are generalists, which is the best type because they have
a broad understanding of all investments. You will find that these
so-called "specialists" are specializing in either what they are interested
in that day or what their firm is selling that day.
7. I won't charge you commissions.
No stockbroker is calling you to sell you something
on which he is not making some sort of commission. You will end up
paying it one way or another.
8. I only make money if you make money.
It would seem to make far more sense for stockbrokers to be compensated
based upon the success of their clients' portfolios -- but that's
not the system. Stockbrokers make commissions no matter how poorly
your investments do. In fact, they stand to make more money if your
investment does poorly, because the next phone call you get may be
urging you to sell and buy something else. The stockbroker will make
another commission on the purchase of the new stock and may even make
a commission on the sale of the old stock. A double whammy.
9. You should buy 100,000 shares.
This might be okay if you have told the
stockbroker that you buy in large quantities. But if you have not
or if the stockbroker has failed to inquire about the money you have
available for investment, recognize this red flag. It says you have
a stockbroker more concerned about the size of an order (that is,
his commission) than what is suitable for you.
10. Don't worry about it. Trust me.
If a stockbroker says this to you, do worry and don't
trust. The primary way evil doers take advantage of their victims
is by dismissing their concerns.
You can protect yourself by keeping
your ears open for the above telltale signs of trouble. If you experience
one or more of the above indicia of misdeeds from a stockbroker "cold
call," just hang up. If you encounter any of the above from your current
broker, consider having your brokerage account assessed by a third
party or moving it. |