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Pastimes : Brokerage-Chat Site Securities Fraud: A Lawsuit

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To: Jorj X Mckie who wrote (2175)7/24/2003 8:33:15 PM
From: Art Bechhoefer  Read Replies (2) of 3143
 
I'm not aware of the court cases that might apply, but I do know (as an investment advisor) that the SEC considers advice to be any recommendation to buy, sell, or hold, whether it is based on TA, fundamental analysis, or even astrology. The SEC considers opinion to be views about a security, not recommendations. For example, if a person says, "I like IBM." That is considered an opinion and is not subject to regulations governing investment advice. But if the person instead says, "Buy IBM." that's a recommendation.

In order to protect themselves, investment analysts and others who appear on TV, radio, or who are quoted in investment magazines often use the term "I like" or similar opinion pro or con to indicate an opinion rather than a recommendation. You will often hear commentators on TV use the "I like" terminology.

Art
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