Financial Advisor Kevin Kelly Has Disclosed Three Customer Disputes

• May 16, 2024
• Avantax Investment Services

Kevin L. Kelly (CRD#: 2293119) is a Registered Broker and Investment Advisor at Avantax Investment Services, Inc., in Atlanta, GA.

Broker’s Background

He entered the securities industry in 1992 and previously worked with IDS Life Insurance Company; American Express Financial Advisors Inc.; Ameriprise Financial Services, Inc.; IFG Advisory, LLC; Legacy Capital Advisors, LLC; and LPL Financial LLC.

Current and Past Allegations of Conduct Leading to Investment Loss

According to publicly available records released by the Financial Industry Regulatory Authority (FINRA), in March 2024, Kevin Kelly became the subject of a customer dispute alleging, “that an investment made in 2014 was unsuitable for the customer’s investment objectives and risk tolerance.” The customer dispute is still pending.

In addition, Kevin Kelly has been the subject of two other customer disputes:

• August 2023— “Customers allege the investments they purchased were not suitable.” The damage amount requested was $585,000 and the customer dispute settled for $284,000.
• August 2023— “Customer alleges that certain investments that she purchased were unsuitable and/or unauthorized.” The damage amount requested is $474,739.14 and the customer dispute is still pending.

For a copy of Kevin Kelly’s FINRA BrokerCheck, click here.

 

We Help Investors Recover Investment Losses

Financial advisors have a legal and regulatory obligation to recommend only suitable investments that are appropriate for their clients’ needs and objectives. Their employing brokerage firm has a legal and regulatory obligation to supervise the Financial Advisors’ sales practices and dealings with clients. To the extent any of these duties are breached, the customer may be entitled to a recovery of his or her investment losses.

 

Reasonable basis suitability requires that a recommended investment or investment strategy be suitable or appropriate for at least some investors. Reasonable basis suitability requires an advisor to conduct adequate due diligence so that he or she can determine the risks and rewards of the investment or investment strategy.

 

Quantitative suitability requires a brokerage firm or financial advisor with actual or de facto control over a customer’s account to have a reasonable basis for believing that a series of recommended transactions – even if suitable when viewed in isolation – is not excessive and unsuitable for the customer when taken together in light of the customer’s investment profile. No single test defines excessive activity, but factors such as the turnover rate, the cost-equity ratio, and the use of in-and-out trading in a customer’s account may provide a basis for a finding that a member or associated person has violated the quantitative suitability obligation.

 

Customer-specific suitability requires that a member or associated person have a reasonable basis to believe that the recommendation is suitable for a particular customer based on that customer’s investment profile. Among the criteria that a financial advisor must evaluate to satisfy his or her customer-specific suitability obligations include the investor’s age, tax status, time horizon, liquidity needs, and risk tolerance; a client’s other investments, financial situation and needs, investment objectives, and any other information disclosed by the customer should also be considered.

 

The Wolper Law Firm represents investors nationwide in securities litigation and arbitration on a contingency fee basis. Matt Wolper, the Managing Principal of the Wolper Law Firm, is a trial lawyer who has handled hundreds of securities cases during his career involving a wide range of products, strategies and securities. Prior to representing investors, he was a partner with a national law firm, where he represented some of the largest banks and brokerage firms in the world in securities matters. We can be reached at (800) 931-8452 or by email at mwolper@wolperlawfirm.com.