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SEC charges Robinhood $65M for misleading customers about revenue sources

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Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#171

Earlier quoted context omitted.

They're not really teethed though. I grew up in DC and new plenty of parents who were ex-chief of staffs or whatever and they literally would tell me that they were working for a lobbying firm as a "consultant" because that was a loophole for getting around the "can't join a lobbying firm rules."

Nah, you just shut out good people who want to do good things but can't figure out rules or feel like the burden to doing good things or the potential penalty on technicality or slipup isn't worth it, and select for sociopaths who are adept at figuring out how to use rules (especially draconian ones) to their own advantage, spirit of the rule notwithstanding, because they WILL put up with the burden and the risk.

> you just shut out good people who want to do good things but can't figure out rules

It's not really that complicated to not work for a lobbying firm for 2 years after leaving a chief of staff position for a Senator.

Nor do I particularly want people too dull to figure out those rules to be making laws for our entire country?

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#172

> As the SEC’s order finds, one of Robinhood’s selling points to customers was that trading was “commission free,” but due in large part to its unusually high payment for order flow rates, Robinhood customers’ orders were executed at prices that were inferior to other brokers’ prices. Despite this, according to the SEC’s order, Robinhood falsely claimed in a website FAQ between October 2018 and June 2019 that its exe…

The FAQ page is a legal document just like every other web page.

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#173

As long as profits are greater than fines, these penalties aren't enough to incentivize good behavior.

> The order finds that Robinhood provided inferior trade prices that in aggregate deprived customers of $34.1 million even after taking into account the savings from not paying a commission. Sooooooo the fine is nearly 2x the cost to consumers due to malfeasance. That should cover your concern here.

No, much more than $34M in misbehavior. Hurt customers by $34M over what they would have been charged if they had paid commissions.

So Robinhood took money from its customers to this extent: all the cash as if its customers were paying commissions, and also $34M, and for that they're being fined $65M, which will probably be negotiated down to $2M or something like that.

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#174

ELI5: why exactly did the clients get bad execution? Does sending order flow to trading firms in itself cause unfavorable execution? Or did the trading firms treat order flow from RH differently than from other sources? Or is it something else? And does the fact that RH was receiving large payments for order flow impact the quality of execution?

Basically, if you want to buy AAPL at $100 and as your broker, I take that info and share it with someone else, such as an HFT, they will quickly (milliseconds/nanoseconds) buy AAPL and sell you at a higher price. So, while you expected to pay $100, you ended up paying $100.10. Now that doesn't seem a lot to you but times the difference (10 cents) by volume and number of Robinhood customers placing orders and it can…

The buy ahead of you scenario described in this comment is not what the allegations are in the filing (and wouldn’t work in practice because of the way exchanges work).

What is actually being alleged here is that Robinhood did not fulfill their obligation to secure the best price. There is a literal system in the US equities space that says what the best price for a symbol is across the exchanges.

The internalizer can arbitrage this system due to physics & CAP there on but they can also do it in more prosaic ways, by having previous inventory that is priced better or by simply taking the spread between an internal netting (thus internalizing it).

In any case it’s Robinhood who holds the fiduciary duty not the internalizer so if they aren’t getting appropriate execution they need to change their contracts with the internalizers, switch to a different set or send directly to lit exchanges (which destroys their business model & likely gives worse execution than a more fair internalization setup would).

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#175
post #59

Earlier quoted context omitted.

Sometimes what's good for the 1 person isn't good for everyone. For example, if a bank starts giving out 0% interest 100 year mortgages (with some fine print that gives them some obscure revenue source to make it possible for them to make such an appealing offer) the bank should still get in trouble in my opinion if the consumer isn't informed about how they're getting such an amazing deal, because you're removing th…

I know what you want to say but that’s an awfully bad example. I would take out that loan 10 times over.

I believe for this example to be correct, the bank would also be hiding in its documentation that you have to pay an annual $100,000 mortgage paperwork fee for this 0% loan.

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#176
post #136

Earlier quoted context omitted.

Robinhood probably has a binding arbitration clause in their contract that prohibits users from joining a class action lawsuit, no?

You can put a clause in your contract that prohibits someone from using specific legal action at your discretion? That sounds wild so I am interested. What is the justification for this? How could anyone basically preemptively and effectively exempt themselves from specific legal action regardless of wrongdoing? What would happen if the other party tried anyway?

I would guess that since Robinhood has been found guilty of misleading customers it wouldn't be too difficult to say they were negotiating in bad faith.

Note: This is complete arm chair lawyering with no real world knowledge

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#177
post #165

> As the SEC’s order finds, one of Robinhood’s selling points to customers was that trading was “commission free,” but due in large part to its unusually high payment for order flow rates, Robinhood customers’ orders were executed at prices that were inferior to other brokers’ prices. Despite this, according to the SEC’s order, Robinhood falsely claimed in a website FAQ between October 2018 and June 2019 that its exe…

This is a very tame reading of the mistake. Telling customers that their stock orders would be executed at prices matching other firms, when in fact Robinhood was executing those orders at inferior prices -- that's a big misrepresentation. You're paying extra for something while being told that you're not.

I don’t get it. If you sell stocks at the market price it wouldn’t be the market price but something cheaper that RB would buy and then sell at the real market price?

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#178
To add a bit of context: brokerages like Robinhood send buy/sell orders to national exchanges and to private trading firms e.g. high-frequency traders. Private firms provide price improvement: orders that execute at prices better than the national exchange. All brokerages have a duty of best execution, including a duty of price improvement. Brokerages can also receive payment for order flow from private firms, as long as it does not interfere with best execution. However, "Robinhood explicitly offered to accept less price improvement for its customers... in exchange for receiving a higher payment for order flow," which is illegal.

Full order: https://www.sec.gov/litigation/admin/2020/33-10906.pdf

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#179

Earlier quoted context omitted.

Nah, you just shut out good people who want to do good things but can't figure out rules or feel like the burden to doing good things or the potential penalty on technicality or slipup isn't worth it, and select for sociopaths who are adept at figuring out how to use rules (especially draconian ones) to their own advantage, spirit of the rule notwithstanding, because they WILL put up with the burden and the risk.

> you just shut out good people who want to do good things but can't figure out rules It's not really that complicated to not work for a lobbying firm for 2 years after leaving a chief of staff position for a Senator. Nor do I particularly want people too dull to figure out those rules to be making laws for our entire country?

> Nor do I particularly want people too dull to figure out those rules to be making laws for our entire country?

You make it sound like there's only like 3 or 4 rules to follow.

> not work for a lobbying firm

it's not really clear ultimately how you're going to enforce that. Laws against lobbying are already treading close to violations of the freedom of speech and right to petition the government; if there are structural problems with how laws are getting enacted, I would suggest thinking about the structural problems in how we are governed more than trying to patch over the system with rules.

Re: SEC charges Robinhood $65M for misleading customers about revenue sources

#180

Earlier quoted context omitted.

Why do you trust the FDA?

A good reason to trust the FDA is that they have contributed to the safest food in the world! Our strict food regulations in the USA make things like trichinosis very difficult to spread around.

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