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                                                                                                    October 8, 2020

Robinhood, the Fintech Discount Broker: Recent Developments

and Concerns


Founded in 2013, Robinhood is an online and phone app-
based discount broker-dealer for retail customers with an
interest in trading stocks, stock options, exchange traded
funds (ETFs), and cryptocurrencies. It is part of a new
breed offintech firms-innovative, technology-focused
firms offering financial products. The firm is seen by some
as democratizing access to retail securities trading; has
been accompanied by industry consolidation; and has raised
various public policy and congressional concerns.

The firm recently burst into the public eye for three major
reasons: (1) it pioneered the now-widespread industry
practice of charging zero trading fees or commissions for
certain trades when the most inexpensive online brokers
were charging $5 to $8 per trade; (2) in March 2020, its
trading services shut down for more than a trading day in a
period of market turmoil; and (3) in June 2020, a 20-year-
old college student, Alex Kearns, committed suicide after
his Robinhood app indicated that he had a negative balance
of $750,000 for sophisticated stock options trades, an
amount that now appears to have been grossly overstated.

Broker-dealers act as brokers when they execute securities
trades for their clients and as dealers when they trade their
own securities for their own benefits. Most broker-dealers
must register with the Securities and Exchange Commission
(SEC) and generally must be members of and comply with
the rules and guidance of a self-regulatory organization
(SRO), the Financial Industry Regulatory Authority
(FINRA, an SEC-regulated nonprofit). In addition, broker-
dealer sales personnel (also called registered
representatives) register with their state.

SEC-registered broker-dealers are largely regulated under
the Securities Exchange Act of 1934 (P.L. 73-291). Broker-
dealers, or simply brokers, have significant range in the
kinds of services they provide and generally divide into two
groups: full-service (who provide research and advice,
retirement planning, tax advice, etc.) and discount online
brokerage firms. Historically, discount online brokers, such
as TD Ameritrade, E*TRADE, and Merrill Edge, have
charged lower trading fees than the full-service firms, but
they have not provided individual investment advisory
services.

Thanks in part to ads highlighting its zero trade
commissions, seemingly pitched largely at millennials, by
May 2020, Robinhood had reportedly attracted some 13
million clients with a median age of 31. Of that total, 3
million were reportedly added during the first four months
of the year. As part of the firm's appeal to its generally
youthful traders, observers cite that Robinhood's phone
app's trading interface has design elements similarly to


video games, including an explosion of screen confetti
when a trader makes a trade. As reported in the Financial
Times, one user, a Harvard University Ph.D. economics
student observed that the gamified interface makes
trading so simple that it can be easy to make impulsive
decisions. The view is shared by various behaviorists, but
is rejected by firm officials.


Like its online competitors (e.g., Schwab, TD Ameritrade,
E*TRADE), Robinhood witnessed an unprecedented surge
in retail trading during early 2020. Alphacution, a research
firm, found that compared with other retail brokers,
Robinhood's customers trade the riskiest products at the
greatest frequencies. This is said to be especially true for
stock options contracts that give investors the right to buy
or sell shares at a specific price in the future. Robinhood
reports options are traded by 12% of its active traders. In
the aftermath of the Kearns suicide, stock option trading at
the firm has become a central focus. Mr. Kearns had been
trading an advanced form of stock option.

Analysts say that various advanced stock options can have
substantial financial liability. A US News & World Report
profile of stock option trading observed, The statistics and
the horror stories of huge losses demonstrate how
dangerous option buying can be, especially for
inexperienced traders.

FINRA's generic broker rule, Rule 2090, the know your
customer rule, requires option traders to get a broker's
permission to move to more advanced options trading tiers
based on broker-determined criteria. Depending on the
broker, the criteria may include client characteristics such
as options-trading experience, net worth, and age.
Robinhood, a member of FINRA, provides for increasingly
advanced and potentially more profitable but riskier levels
of options trading.

According to the Wall Street Journal, Robinhood has
imposed less rigorous hurdles to options trading than do its
various rivals. New clients reportedly take a questionnaire-
based self-assessment, must acknowledge the trading risks
involved, and promise to read the broker's materials on
options trading. If clients say that they lack an options
investing background, they cannot initially open an options
trading account. According to the New York Times, the
Robinhood app then subsequently tutors them to change
the answer to 'not much' experience, which opens the door
for them to trade.

In June 2020, on the heels of the suicide, Robinhood's
owners said that they had been plagued by shortfalls in


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