The Michigan Department of Licensing and Regulatory Affairs's Authority
Michigan Attorney General Dana Nessel has been an active consumer protection advocate and could pursue PFOF claims under Michigan securities law (M.C.L. §451.2101 et seq.) and the Michigan Consumer Protection Act.
The Harm Requiring Regulatory Response
Michigan's auto industry workers and retirees hold significant pension and IRA assets routed through discount brokers. PFOF practices extract value from these working-class investors without disclosure.
What State Regulators Should Do
The Michigan Department of Licensing and Regulatory Affairs, Securities and Audit Division, in coordination with the Michigan Attorney General's office, should:
- Open an investigation into whether broker-dealers serving Michigan residents are meeting best execution obligations under state securities law
- Issue a formal inquiry to major PFOF-dependent brokers about their routing arrangements with Citadel Securities and the execution quality they achieve for Michigan residents
- Contact NASAA to explore multistate coordination
- Issue investor education guidance about PFOF practices and how Michigan investors can protect themselves
- Consider rulemaking under state securities law to require enhanced disclosure of PFOF arrangements affecting Michigan retail investors
Contacting the Michigan Department of Licensing and Regulatory Affairs
Michigan investors and advocates can contact the Michigan Department of Licensing and Regulatory Affairs, Securities and Audit Division at https://www.michigan.gov/lara/bureau-list/corporations-securities-commercial-licensing to report concerns and request regulatory action on PFOF practices affecting Michigan residents.