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Did Empower's Cross-Selling Cross the Line? Why Fiduciaries Should Monitor Recordkeeper Marketing
Cohen & Buckmann, P.C. 
Sept. 2, 2025 "While the GAO and the SEC have expressed concern about cross-selling to retirement plan participants ... there is no body of case law specifically holding that plan data is a plan asset or that cross-selling violates ERISA. Further, courts have blocked enforcement of the [DOL's] rollover advice rule that makes rollover advice a fiduciary activity if there will be an ongoing advice relationship after the rollover. Faced with these challenges, plaintiffs have cast a wide net in their attempt to recover from Empower." [Williams‑Linzey v. Empower Advisory Group, LLC, No. 25‑14660 (D.N.J. complaint filed Aug. 15, 2025) MORE >> |
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