Brokerage Accounts not subject to 408(b)(2)?

[Young Curmudgeon]

We have a client with 100+ individual Fidelity accounts. We advised them to aske Fidelity what they would be providing for 408(b)(2). Fidelity's representative's position was that they are not subject to 408(b)(2) on these individual account arrangements and the fee information for 404(a)(5) was provided when the account was established.

one-day later...

We now have a letter from a different client, from Fidelity that they are subject to 408(b)(2). It seems the representative above is ignorant to the policies of the company.