Legal Question in Securities Law in California
securities law - delisted securities
on april 1st I purchased an ETF (symbol GOE) that schwab was promoting on their website. on april 3 it tanked by 70% because it had been DELISTED effective that day. after some internet research i discovered that the delisting was announced back on March 9th, yet Schwab continued to promote this ETF without mentioning this was happening. now ive lost about 12k as a result. Do securities firms have any obligation to inform you that one of their offerings has been delisted? I called them and the rep on the phone said that because it was an ETF and not a stock or mututal fund that the normal rules did not apply and that there was nothing they could do. of course once i called them about this delisting they removedthe ETF info from their website. You can still trade it OTC but there is no longer any research info or detail about it on the site (and it was all there when i bought it on April 1 even though the delisting was announced back on march 9th). Do I have any recourse in recovering my investment from Schwab since they promoted an ETF that was going to be delisted in 2 days without any info regarding that fact (which the issuing form had announced back in March)? thank you in advance for your help.
2 Answers from Attorneys
Re: securities law - delisted securities
Do you have proof that it was on their website which you printed out? If so, contact us directly so we can try to assist you.
Re: securities law - delisted securities
If everything you say is accurate - and I have no reason to doubt it - you seem to have a strong case. Because your loss is only $12,000 you will have a hard time hiring an attorney. I recommend you contact the Investor Justice Clinic at the University of San Francisco School of Law and Professor Talbott. They may take your case for free. Good Luck!
Tom Mauriello