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If you have not made a trade
on the Internet yet, you probably have at least been accosted by
one of your office mates who is bragging about all the money he
has made trading on the Internet. Online brokers - E*Trade, Ameritrade,
Datek Online, SURETRADE - just to mention a few, are here to stay.
It seems that only a few years ago people were hiding in their office
cubicle playing games on their office computer. We have now risen
to a whole new level. Donkey Kong no longer satisfies us. These
days we want to play computer games that allow us to make more money
than our employer pays us:
For those of you who are
regular readers of my column, you know that I make a living handling
securities arbitration cases. Well, you guessed it - a decent percentage
of my securities cases now involve Internet trading. Here are a
few things you should consider:
Order Failure
The number one complaint
that I am seeing is what we call classic “order failure”. That is
where you have entered an order to buy or to sell a stock and you
do not get the fill/execution that you think you deserve. I currently
represent a client who placed two market order trades through E*Trade
on the same day. Dissatisfied that his market orders had not filled
within 20 minutes of the trades, he promptly canceled the two orders.
E*Trade sent my client confirmations of the cancellations. The following
day, E*Trade informed my client that the cancellations were “Reported
in Error” and that the stocks had been purchased that day (the day
after the orders). In the interim, the stocks had dropped precipitously,
causing my client to sustain a loss. Just because you may be calling
the shots and making all trade decisions yourself in an online brokerage
account, you can still hold the firm responsible for giving you
a prompt and proper execution of your transactions.
In another case, a man put
in a buy order for 2,000 shares of an internet IPO at market for
an approximate $25,000 purchase price. Hours later, when the order
was executed, the stock had skyrocketed and it cost $165,000 to
fill the order. Yet, the man only had $34,000 in his account. In
the past, when he had placed orders and his account had insufficient
funds, the brokerage firm refused to execute, and he assumed that
it would happen again. Not so. The brokerage firm advised that if
he did not pay in 3 days, it would liquidate his account. IPO stock
promptly dropped like a rock and he couldn't pay. The brokerage
firm sold his IPO stock for half the purchase price, liquidated
his other holdings and now demands that he pay about $60,000, which
he does not have.
The individuals in each
of the above scenarios have the right to sue for order failure.
One of the most basic duties of a brokerage firm is to execute market
orders, if not instantaneously, then within minutes - not hours
later and not days later.
Information on the Internet
Many of you are tapping into
chat rooms and finding that when you pull up a particular stock,
you can simply click on comments about that stock. A warning is
in order: take those comments with a grain of salt. First, anyone
who can type can enter a comment, and you unwittingly may be reading
the words of a 14 year old idiot. There is no screening for such
postings. Second, the comments you read may have been posted by
individuals with serious conflicts of interest - they may be underwriters
of the stock, people with large positions, brokers who have built
their book on it, folks who have every reason in the world to pump
up or degrade the stock. The last thing that they care about is
your personal well being.
Margin
If Internet trading alone
is not fast and furious enough, many people are trading on margin.
That is where the brokerage firm lends you money by leveraging your
account, allowing you to buy a large amount of securities by putting
up only a small amount of money. You may have forgotten what you
read in the small print of your Agreement, but the brokerage firm
has the right to change the maintenance margin requirements without
any warning or notice to you. In fact, the firm has the right to
liquidate your securities holdings (and it can pick and choose which
ones) without any notice to you if you fail to meet the margin call.
And there you were leveraged to the hilt, hoping to hit a home run
when you discovered that you are required to make a large deposit
that you cannot make. The next thing you know, the firm is selling
off your securities at a point in time that is not the best for
you. These are the perils of trading on margin.
The speculative craze
that is currently engulfing the public is unparalleled. Investors
are hooked on the ability to trade on the Internet from home in
their jammies at any hour of the day or night for commission costs
which are negligible. Their fever is the same fever has driven the
prices of many Internet oriented stocks to frightening levels.
If you are hooked, be careful.
But be extra cautious if you are trading in these numerous speculative
stocks. I hope you have accounted for your kid’s college education.
Tracy Pride Stoneman is an
attorney specializing in investment related complaints. Email her
at Tracy@InvestorFraud.com. Preparation of this article was assisted
by Douglas J. Schulz, a registered investment advisor and former
stockbroker in Colorado Springs.
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