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American Securities Association Sues SEC Over Lack of Transparency in Enforcement Actions

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The American Securities Association (ASA) filed a lawsuit against the U.S. Securities and Exchange Commission (SEC) on Thursday for failing to comply with the Freedom of Information Act (FOIA). The ASA seeks to compel the SEC to disclose records related to its “recordkeeping sweep initiative” that imposed penalties on broker-dealers for retaining off-channel communications, such as text messages on personal devices. The complaint highlights the SEC’s substantial investigative and enforcement powers and criticizes its practices for lacking transparency, particularly how penalties were calculated and the reasoning behind them. This lawsuit was filed in the context of a broader debate on the transparency and accountability of regulatory bodies.

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American Securities Association Sues SEC Over Lack of Transparency in Enforcement Actions