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Fiduciary Considerations Highlighted as Recordkeeper Sued for Misusing 401(k) Participant Data
Holland & Hart LLP
Sept. 4, 2025 "Plan fiduciaries should [1] understand the services their 401(k) plan recordkeeper is providing in its capacity as recordkeeper and any ancillary 'non-plan' services it intends to provide.... [2] understand how their recordkeeper is compensated for any ancillary 'non-plan' services ... [3] understand how their 401(k) plan's recordkeeper can utilize plan and participant data.... [4] negotiate to restrict the recordkeeper's use of plan and participant data for non-plan purposes to the extent the recordkeeper's use of the data will not benefit participants." [Williams‑Linzey v. Empower Advisory Group, LLC, No. 25‑14660 (D.N.J. complaint filed Aug. 15, 2025) MORE >> |
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