Czuchry Law Firm
  • Berman DeValerio Files Class Action Lawsuit on Behalf of Overcharged Investors


BOSTON--(BUSINESS WIRE)--The law firm of Berman DeValerio announced today that it has filed a class action lawsuit against FINRA-registered broker-dealer PrimeVest Financial Services, Inc., its broker-dealer subsidiaries, Guaranty Brokerage Services, Inc. and Bancnorth Investment Group, Inc. (collectively, “PrimeVest”), and its owners, including ING America Insurance Holdings, Inc. The complaint alleges that the defendants illegally charged excessive front end sales charges to customers and clients who purchased Class A mutual fund shares, by failing to apply the proper and available breakpoints to reduce the sales charges, and pocketed most of the overcharge.

Berman DeValerio (www.bermandevalerio.com) and co-counsel Gustafson Gluek PLLC (www.gustafsongluek.com) and Czuchry Law Firm, LLC (www.meclawfirm.com) filed the complaint on February 24, 2010 in the Stearns County District Court in the State of Minnesota on behalf of all customers or clients of PrimeVest who paid an excessive front-end sales charge due to PrimeVest’s failure to properly apply any and all possible breakpoint discounts during the period from December 24, 2002 through the present (the “Class Period”).

The complaint alleges that PrimeVest charged the plaintiffs $17,187.14 in sales charges on the mutual fund shares they purchased, an overcharge of $4,980.37, by failing to give the plaintiffs the benefit of the breakpoint discounts they were entitled to receive due to rights of accumulation. The action seeks to recover losses under common law and provisions of Minnesota’s consumer protection statutes.

“We believe that many customers of PrimeVest and other broker-dealers were overcharged in the same way as our clients, when they made multiple purchases of mutual fund shares, and did not get the benefit of the breakpoint discount,” said Peter A. Pease, a partner in Berman DeValerio’s Boston office. “Customers who are making purchases for family members and themselves as part of their estate planning, college funding or distribution of business assets are the most likely to be denied breakpoint discounts because their broker-dealer failed to apply the available and proper rights of accumulation.”

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