Fiduciary advocates are urging the incoming Trump administration to spare the Labor Department’s fiduciary rule, as government lawyers press a Washington judge not to put on hold his recent ruling that upheld the merits of the regulations.
As speculation intensifies that the fiduciary rule could be on the chopping block or significantly curtailed under President Donald Trump and a GOP-controlled Congress, members of the SaveOurRetirement Steering Group — AFL-CIO, AFSCME, Americans for Financial Reform, Better Markets, Consumer Federation of America and the Pension Rights Center — issued a statement telling Trump to “make good on his election talk by supporting the rule — and choosing regular Americans over Wall Street.”
Trump, the coalition said, “campaigned on the promise to make government work for hard-working Americans, not special interests. One key test of his commitment will be what position he takes” on the Labor Department’s fiduciary rule. The rule, years in the making, seeks to mitigate conflicts of interest in the retirement advice market.
“The election outcome did not change the fact that Americans deserve and need retirement investment advice that is in their best interest — not advice that is compromised by their advisor’s conflict of interest,” the coalition statement said.
Meanwhile, the Labor Department on Monday urged U.S. District Judge Randolph Moss in Washington not to stay his ruling pending appeal by the National Association for Fixed Annuities, or NAFA.
Moss on Nov. 4, in a 92-page ruling, denied the annuities association’s request for a preliminary injunction to block the rule. He simultaneously ruled in favor of the Labor Department on the merits of the rule.
NAFA said on Nov. 7 it would appeal Moss’ decision. The group asked the judge to put his ruling on hold while the case is pending in the U.S. Court of Appeals for the D.C. Circuit.
“NAFA’s proposed injunction could potentially save the annuity industry from further compliance costs, but this is meaningful only if the rulemaking is ultimately struck down,” Justice Department lawyers wrote in their court filing on Monday.
The DOL's fiduciary rule, which was developed to protect consumer rights, has faced several legal challenges. (Photo: iStock)
“To make it plausible for the industry to cease preparations now, NAFA asks that the court to guarantee a lengthy compliance period if, as is likely, NAFA loses on appeal. This comfort for the industry would come at great expense to the investors who will continue to be harmed in the interim.”
The case in Washington challenging the fiduciary rule is one of several pending actions in federal courts around the country.
Lawyers who attended oral arguments last week in Texas federal district court — the U.S. Chamber of Commerce is a lead plaintiff there — offered differing views on how the presiding judge, Barbara M.G. Lynn, might rule.
U.S. District Judge Daniel Crabtree in the District of Kansas presided over the second hearing against the fiduciary rule, which took place on Sept. 23. He has yet to render a decision.
Thrivent Financial for Lutherans became the sixth plaintiff to bring a complaint against the rule. The insurer filed a suit in late September in U.S. District Court for the District of Minnesota, challenging the class-action waiver requirement under the rule’s best interest contract exemption, or BICE. Oral arguments have yet to be scheduled.
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Melanie Waddell
Melanie is senior editor and Washington bureau chief of ThinkAdvisor. Her ThinkAdvisor coverage zeros in on how politics, policy, legislation and regulations affect the investment advisory space. Melanie’s coverage has been cited in various lawmakers’ reports, letters and bills, and in the Labor Department’s fiduciary rule in 2024. In 2019, Melanie received an Honorable Mention, Range of Work by a Single Author award from @Folio. Melanie joined Investment Advisor magazine as New York bureau chief in 2000. She has been a columnist since 2002. She started her career in Washington in 1994, covering financial issues at American Banker. Since 1997, Melanie has been covering investment-related issues, holding senior editorial positions at American Banker publications in both Washington and New York. Briefly, she was content chief for Internet Capital Group’s EFinancialWorld in New York and wrote freelance articles for Institutional Investor. Melanie holds a bachelor’s degree in English from Towson University. She interned at The Baltimore Sun and its suburban edition.
