January 2019 TO: Trade Organizations with Members in the Independent Distribution Channel RE: NAIC Best Interest Regulation We the undersigned are Independent Marketing Organizations (IMOs) and many of us belong to trade organizations or work with companies that belong to trade associations. In the past few months we have been
For those following NAIC developments, the working group is drafting an update to the model suitability regulation, deciding whether to include an explicit “best interest” provision. It has sparked debate between factions on the working group but the FACC Campaign is not convinced it matters. FACC maintains the NAIC should
Fixed Annuity Group Proposes Revisions to Model Annuity Disclosure Regulation Phoenix, AZ, 1BOctober 10, 2018 – The Fixed Annuity Consumer Choice Campaign (FACC) today released its proposal to require stronger disclosures including a client relationship summary and producer compensation notice. The group contends the best interest proposals currently under consideration
Members of the FACC Campaign have been working to develop an alternative to the NAIC Suitability Working Group’s proposal to regulate a best interest standard that is stronger for consumers by protecting their access to affordable insurance representation.
While some might read the Fifth Circuit decision merely as a rebuke to the Labor Department, the FACC Campaign believes the Fifth Circuit decision stands for a larger proposition. The Court made clear that agents who sell products are not fiduciaries and should not be held to fiduciary standards. To do otherwise is contrary to decades of common law as well as highly evolved statutory and regulatory decision-making.
ANNUITY DISCLOSURE MODEL REGULATION (download to see the entire document)
The newly formed group, the Fixed Annuity Consumer Choice Campaign, or FACC Campaign, is led by Dwight Carter, President of Financial Security Associates and chairman of the new organization, and Kim O’Brien, a well-known annuity advocate.
Its primary emphasis is pushing for permanent placement of fixed indexed annuities under the 84-24 Exemption with other fixed annuities.
Dear Working Group Members:
The Fixed Annuity Consumer Choice Campaign (FACC Campaign)* was originally organized to address issues impacting fixed annuities in connection with Department Labor (DOL) fiduciary rule. While we were very pleased to see the Fifth Circuit strike down the DOL fiduciary rule, we are deeply concerned that state and federal regulators are now rushing to fill what they may perceive as a vacuum, thereby perpetuating inherent flaws and false justifications of the DOL fiduciary rule that led to its demise.
While the Scottrade case and these various pronouncements generally are directed at the securities industry, not fixed annuities, the implications are deeply worrisome. The Fixed Annuity Consumer Choice (FACC) Campaign is concerned these developments prove the U.S. Department of Labor is losing control over the rule and unleashing uncontrolled forces such as hyper-aggressive state regulators and the always profit-hungry plaintiff’s bar that may wreak havoc on the financial services industry.
Dear Working Group Members:
The Fixed Annuity Consumer Choice Campaign (FACC)* was organized to address certain issues impacting fixed annuities in connection with Department Labor (DOL) fiduciary rule. While generally FACC focuses its attention on DOL rule deliberations, we have reviewed the NAIC proposal to incorporate concepts of “best interest” into the NAIC’s model suitability regulation, and wish to comment on one particular point that may not otherwise be addressed by trade associations representing the industry.
The Federation of Americans for Consumer Choice (FACC)
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