The Pennsylvania Securities Commission's Authority
Pennsylvania Attorney General Dave Sunday and the Pennsylvania Securities Commission have authority under the Pennsylvania Securities Act of 1972 (70 P.S. §1-101 et seq.) to investigate broker-dealer conflicts.
The Harm Requiring Regulatory Response
Pennsylvania's large industrial working class — from Pittsburgh steel country to Philadelphia's port district — has significant retirement savings managed through 401(k) plans and discount brokers. PFOF practices extract value from these workers' savings without transparency.
What State Regulators Should Do
The Pennsylvania Securities Commission, in coordination with the Pennsylvania Attorney General's office, should:
- Open an investigation into whether broker-dealers serving Pennsylvania 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 Pennsylvania residents
- Contact NASAA to explore multistate coordination
- Issue investor education guidance about PFOF practices and how Pennsylvania investors can protect themselves
- Consider rulemaking under state securities law to require enhanced disclosure of PFOF arrangements affecting Pennsylvania retail investors
Contacting the Pennsylvania Securities Commission
Pennsylvania investors and advocates can contact the Pennsylvania Securities Commission at https://www.psc.gov to report concerns and request regulatory action on PFOF practices affecting Pennsylvania residents.