Guidelines for the BrokerCheck Dispute Process
The BrokerCheck® dispute process (FINRA Rule 8312(e)) allows eligible individuals and member firms to dispute or update the accuracy of information that is disclosed in their own BrokerCheck reports.
Who Can Submit a Dispute?
Any current FINRA firm, former FINRA firm, and associated persons of a FINRA firm or persons formerly associated with a FINRA firm for whom a BrokerCheck report is available (an eligible party) may submit a dispute. An authorized individual may submit a dispute on behalf of a current FINRA firm.
With respect to former FINRA firms, a dispute must be submitted by an individual who served as the former FINRA firm’s Chief Executive Officer, Chief Financial Officer, Chief Operating Officer, Chief Legal Officer or Chief Compliance Officer, or a person with similar status or function, as identified on Schedule A of Form BD at the time the former FINRA firm’s registration with FINRA ceased.
How Do You Submit a Dispute?
An eligible party may initiate a dispute by submitting a completed BrokerCheck Dispute Form along with all available supporting documentation. FINRA will review the dispute and determine whether it is eligible for investigation. To be eligible for investigation, the dispute must pertain only to factual information, and not to information that is subjective in nature or a matter of interpretation. In addition, certain disputes, even if they involve factual information, will be deemed ineligible for investigation. These include, but are not limited to, disputes that:
- involve information that was previously disputed under this process and that do not contain any new or additional evidence;
- are brought by an individual or entity that is not an eligible party;
- do not challenge the accuracy of information contained in a BrokerCheck report, but only provide an explanation of such information;
- constitute a collateral attack on, or otherwise challenge, the allegations underlying a previously reported matter such as a regulatory action, customer complaint, arbitration, civil litigation or termination;
- consist of a general statement contesting information in a BrokerCheck report with no accompanying explanation; and
- involve information contained in the Central Registration Depository (CRD®) that is not disclosed through BrokerCheck.
If FINRA determines that a dispute is not eligible for investigation, it will notify the individual or entity in writing of the decision and the reason(s) underlying the decision.
If FINRA determines that a dispute is eligible for investigation, FINRA will, unless the matter involves a court order to expunge information, add a notation to the eligible party’s BrokerCheck report stating that the matter is under dispute. If the dispute form and documentation that the eligible party submits are sufficient to change the information that is the subject of the dispute, FINRA will make the appropriate change.
If the dispute form and documentation submitted by the eligible party is not sufficient, FINRA, under most circumstances, will contact the entity that reported the disputed information (the reporting entity) to CRD and request that the reporting entity verify that the information, as disclosed through BrokerCheck, is accurate in content and presentation. If a reporting entity other than FINRA is involved, FINRA will defer to the reporting entity about whether the information being disputed is accurate. If the reporting entity acknowledges that the information is not accurate, FINRA will change the information, as appropriate, based on the information provided by the reporting entity. If the reporting entity confirms that the information being disputed is accurate in content and presentation, or the reporting entity no longer exists or is otherwise unable to verify the accuracy of the information, FINRA will not change the information.
Once the investigation is concluded, FINRA will notify the eligible party in writing that the investigation resulted in a determination that:
- the information is inaccurate or not accurately presented and has been updated, modified or deleted;
- the information is accurate in content and presentation and no changes have been made; or
- the accuracy of the information or its presentation could not be verified and no changes have been made.
In addition, FINRA will remove the dispute notation from the eligible party’s BrokerCheck report.
To initiate a dispute, mail a completed BrokerCheck Dispute Form and all available supporting documentation to:
Regulatory Review and Disclosure (RR&D)
9509 Key West Avenue
Rockville, Maryland 20850-3329
Note: FINRA will not accept requests sent via facsimile.
Contact the Gateway Call Center at (301) 590-6500.