http://www.fsa.gov.uk/pages/Library/Communication/PR/2006/079.shtml
FSA fines Hoodless Brennan £90,000 for unacceptable sales practices and not treating customers fairly
Margaret Cole
The FSA will not tolerate this method of selling shares to private customers.
FSA/PN/079/2006
17 August 2006
The Financial Services Authority has fined stockbrokers Hoodless Brennan Plc (Hoodless) for using unacceptable sales practices and failing to treat its customers fairly when selling shares in a company called Knowledge Technology Solutions Plc (KTS) on 12 June and 25 July 2003.
The FSA found that the sales practices employed by Hoodless' brokers, when selling KTS shares to customers, fell below both regulatory standards and Hoodless' own internal standards. The unacceptable sales practices included persuading customers to buy stock when they were not ready to do so and persuading customers to take more stock than they appeared to want.
Brokers also used information about a contract between Hoodless and KTS, that was not in the public domain, as an inappropriate sales aid to persuade customers to buy KTS shares. They provided customers with unsubstantiated personal opinion on the shares which was potentially misleading. Brokers had not been briefed about the contract and as a result were not in a position to comment on its relevance to the sale of KTS shares.
The FSA found that Hoodless had failed to deal appropriately with the issue of whether the information it held about the contract with KTS was in the public domain. It did not clarify the position with KTS, take professional advice internally or externally, or take adequate steps to brief brokers on whether they could mention the contract to customers.
Margaret Cole, Director of Enforcement at the FSA said:
"The fair treatment of customers must be part of corporate culture so that a firm treats its customers fairly on all occasions of its dealings.
"Brokers at Hoodless Brennan used unacceptable selling practices and did not pay enough attention to the interests or the information needs of their customers. Nor did they take time to communicate with their customers in a way which was clear, fair and not misleading. The FSA will not tolerate this method of selling shares to private customers."
Examples of unacceptable practices used by Hoodless Brennan brokers
One broker persuaded his customer to buy 100,000 shares rather than the 50,000 that the customer had requested. The customer's wishes were overridden by the broker who told him, "They've already gone. I've taken them off the board." This comment implied that it was too late for the customer to change his mind even though, by this stage of the conversation, he had not received all of the risk warnings and was entitled to change his mind.
Another broker spoke to a customer who was a doctor at work in a hospital. The broker persuaded the customer to purchase KTS shares even though the customer had explained he did not want to make a decision until the afternoon as he wanted to find out more about KTS and was at work and unable to concentrate on two things at once. The broker said, "You don't need to concentrate, all you need to be able to do is say ok…that's fine."
The unacceptable selling practices included:
Persuading customers to buy stock when they were not ready to do so
Persuading customers to take more stock than they appeared to want
Referring to the contract when talking to customers when it was not in the public domain
Using the fact of the contract as an inappropriate sales aid
Providing customers with unsubstantiated and, at times, speculative personal opinion about KTS which was potentially misleading
Not ensuring that customers were provided with all appropriate information about investing in penny shares, as was required by Hoodless' own internal standards.
The FSA accepts that only a small number of customers were affected by unacceptable sales practices, customers did not suffer financial detriment and no complaints were received.
Notes for editors
The full text of the Final Notice includes the background to the case, the relevant statutory provisions, and the regulatory requirements contravened.
The FSA found that Hoodless breached Principle 2: A firm must conduct its business with due skill, care and diligence; Priniciple 6: A firm must pay due regard to the interests of its customers and treat them fairly; Principle 7: A firm must pay due regard to the information needs of its customers and communicate information to them in a way which is clear, fair and not misleading; Conduct of Business Rule 2.1.3R Communication with Customers – when a firm communicates information to a customer, the firm must take reasonable steps to communicate in a way which is clear, fair and not misleading.
The FSA regulates the financial services industry and has four objectives under the Financial Services and Markets Act 2000: maintaining market confidence; promoting public understanding of the financial system; securing the appropriate degree of protection for consumers; and fighting financial crime.
The FSA aims to promote efficient, orderly and fair markets, help retail consumers achieve a fair deal and improve its business capability and effectiveness.