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Biden’s fiduciary rule may be at risk after Trump takes office

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Brandon Bell | Getty Images News | Getty Images

A Labor Department rule that shields retirement savers from getting harmful investment advice is at risk of being overturned during President-elect Donald Trump’s second term — an outcome that would have an element of déjà vu, said legal experts.

The Biden-era regulation, issued in April, aims to rein in conflicts of interest that may taint investment recommendations from unscrupulous advisors, brokers or insurance agents.

Officials worry such conflicts might lead an agent to profit at the consumer’s expense, such as when investors are advised to roll money from workplace retirement plans like a 401(k) to an individual retirement account.

Fight over fiduciary standard: What 401(k) participants should know

The most immediate threat to President Joe Biden’s Retirement Security Rule is that the Trump administration declines to keep defending it in court, attorneys said.

The rule faces an uphill legal battle. Two Texas federal courts have already stalled its implementation and seem very likely to kill it, legal experts said.

“At that point, the Trump administration could walk away from the case, just abandon it,” said Fred Reish, a retirement law expert and partner at Faegre Drinker Biddle & Reath LLP.

‘Here we go again’?

What the DOL fiduciary rule does

U.S. Labor Secretary Julie Su.

Chip Somodevilla | Getty Images News | Getty Images

A fiduciary standard is a legal structure whereby financial professionals — brokers, advisors, insurance agents and others — must recommend investments that are in a client’s best interest instead of ones, for example, that generate more of a profit for the agent.  

However, relative to rollovers, many retirement investors may not get such fiduciary advice, attorneys said.

The Employee Retirement Income Security Act stipulates that one-time advice to an investor — instead of an ongoing client relationship — generally doesn’t meet the fiduciary bar.

Since rollovers are often a one-off transaction, many aren’t covered by this heightened protection under the Employee Retirement Income Security Act, attorneys said.

The Biden-era rule would likely have the largest impact on insurance agents that sell “non-securities” products, which include certain annuities like indexed annuities, attorneys said.

401(k) doesn't seem to have the same fanbase that social security has, says Allison Schrager

Such agents would likely be required to assess additional factors in their rollover analyses, including whether it’s in a consumer’s best interest to take money from their 401(k) plan and move it to an annuity, Reish said.

Investment advisors and brokers who sell securities products, such as mutual funds or exchange-traded funds, are already subject to a Securities and Exchange Commission rule issued in 2019 that is “in many ways like the DOL’s rule,” Reish said.

Texas courts likely to strike down DOL rule

Two federal district courts in Texas issued a national “stay” of the regulation, in separate rulings in July.

They indefinitely delayed the rule’s Sept. 23 start date while the courts conduct a more detailed review of the lawsuits, which were filed by several insurance industry groups.

Lawyers expect the courts to overturn the rule. Indeed, the judges hinted at that outcome.

“The Rule is almost certainly unlawful for a broad class of investment professionals in the industry — not just plaintiffs,” according to a July 26 order by the U.S. District Court for the Northern District of Texas, in the lawsuit American Council of Life Insurers v. United States Department of Labor.

ACLI and other insurance industry groups lauded that decision, calling the regulation “DOL’s latest attempt to vastly expand its statutory authority by imposing fiduciary status on almost every financial professional who sells retirement products.”

The other Texas case is Federation of Americans for Consumer Choice v. Department of Labor.

If the case were appealed by either side, it would go to the U.S. Fifth Circuit Court of Appeals — the same one that killed a similar Obama-era fiduciary rule.

At either stage, the Trump administration could choose to stop defending the regulation, attorneys said.

Trump has signaled an intention to pursue a deregulatory agenda during his second term.

“None of that is certain,” Reish said. “President-elect Trump is both a Republican and a populist. We don’t know if conservative Republican philosophies will prevail on any given issue, or whether a populist approach would prevail.”

 

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The average IRS tax refund is 32.4% lower this season. Here’s why

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The average tax refund is 10.4% lower than last year according to the latest Internal Revenue Service data, and inflation is taking more of those dollars.

Bill Oxford | E+ | Getty Images

The average tax refund this year is down 32.4% compared to last year, according to early filing data from the IRS. 

Tax season opened on Jan. 27, and the average refund amount was $2,169 as of Feb. 14, down from $3,207 about one year prior, the IRS reported on Friday. That figure reflects current-year refunds only.

However, the Feb. 14 filing data doesn’t include refunds receiving the earned income tax credit or additional child tax credit, which aren’t issued before mid-February, the IRS noted. The previous year’s filing data included tax returns claiming these credits. The value of these tax breaks can be substantial, even resulting in five-figure refunds, in some cases.

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Typically, you can expect a refund when you overpay taxes throughout the year via paycheck withholdings or quarterly estimated payments. By comparison, there’s generally a tax bill when you haven’t paid enough.

Filing season numbers will ‘even out’

‘Don’t call the IRS’ for refund updates

The latest filing statistics come amid mass layoffs for the agency as Elon Musk’s so-called Department of Government Efficiency, or DOGE, continues to cull the federal workforce

It’s unclear exactly how the staffing reduction could impact future taxpayer service. But experts recommend double-checking returns for accuracy to avoid extra touch points with the agency.

“Don’t call the IRS looking for your refund,” said Tom O’Saben, an enrolled agent and director of tax content and government relations at the National Association of Tax Professionals. 

You can check the status of your refund via the agency’s “Where’s My Refund?” tool or the IRS2Go app, which is “available 24 hours a day,” O’Saben said.

Typically, the agency issues refunds within 21 days of a return’s receipt. But some returns require “additional review,” which can extend the timeline, according to the IRS.

Future of CFPB: Here's what's at stake

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Gold prices have spiked in 2025 — what investors need to know

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An attendant holds 1-kilogram gold bars on Feb. 17, 2025.

Akos Stiller/Bloomberg via Getty Images

Gold prices are popping. But investors should avoid the temptation to chase a shiny object, investment experts said.

The SPDR Gold Shares fund (GLD), which tracks the price of gold bullion, is up about 11% in 2025 as of 2 p.m. ET Tuesday. Returns are up about 42% over the past year. (Prices were down more than 1% on Tuesday.)

Gold futures prices are also up about 10% year-to-date and currently 36% higher compared to the price a year ago. 

By comparison, the S&P 500 U.S. stock index is up about 1.5% in 2025 and 17% in the past year.

Lee Baker, a certified financial planner, said he wasn’t getting client calls about gold a year ago. Now, he fields them regularly.

He thinks investors would be wise to remember the classic rule from Warren Buffett, “Be fearful when others are greedy, and be greedy when others are fearful.”

Goldman Sachs' Daan Struyven on why gold is his favorite commodity

“It feels to me everyone is starting to get greedy as it pertains to gold,” said Baker, owner and president of Claris Financial Advisors, based in Atlanta, and a member of CNBC’s Advisor Council.

The typical investor shouldn’t have an allocation to gold that exceeds 3% of a diversified portfolio, Baker said.

Investors enticed by lofty returns may make a knee-jerk reaction and buy a big chunk of gold (literally or figuratively) — and, in the process, make the common investment mistake of buying high and selling low, he said.

“If you’re going to make money with gold you need to buy and sell it — and hopefully sell it at right time,” Baker said. “And if you’re getting in now, are you buying at a peak? I don’t know.”

Why gold prices are up

Gold rally driven by countries 'starting to give hesitance' in owning U.S. treasuries: CIO

The sanctions led some central banks — in China, most notably — to buy more gold instead of U.S. Treasury bonds to avoid the potential difficulty of accessing assets denominated in U.S. dollars during a future geopolitical conflict, Samana said.

That has driven up gold demand higher compared to the price a year ago — and prices with it, he said.

“Don’t chase” gold returns, Samana said: “As a whole, you probably want to hold off on precious metals at [current] levels.”

Experts don’t expect gold to continue to shine.

“There’s no reason in my mind gold will continue to have a significant uptrend, barring — and I certainly hope not — some sort of protracted war,” Baker said.

How to invest in gold

Sanshandao Gold mine in Laizhou, Shandong province, China, on Jan. 17, 2025. 

CFOTO/Future Publishing via Getty Images

Similar to Baker, Samana believes it may be okay for investors to hold 1% to 2% of a well-diversified portfolio in gold.

Investors interested in buying gold should consider it as a piece of a broader commodities portfolio, which likely includes allocations to energy, agriculture and base metals like copper alongside precious metals like gold, Samana said.

Wells Fargo’s investment models have an overall commodities allocation that ranges from 2% for conservative investors to 7% for more aggressive growth, he said.

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Student loan should take these steps amid risks to Education Department

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Students walk through the University of Texas at Austin on February 22, 2024 in Austin, Texas. 

Brandon Bell | Getty Images

Gather student loan records ASAP

If the Trump administration is successful in dismantling key parts of the Education Department, the Treasury Department would be the next most logical agency to administer student debt, said Betsy Mayotte, president of The Institute of Student Loan Advisors, a nonprofit.

It’s also possible that the Justice Department or the Department of Labor could carry out some of the Education Department’s functions, according to a December blog post by The National Association of Student Financial Aid Administrators.

But the transfer of tens of millions of borrowers’ account information between agencies would likely lead to errors, experts said. As a result, borrowers should gather the latest information on their student loan balance now, and keep an updated record of it, Yu said.

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At Studentaid.gov, borrowers should be able to access data on their student loan balance and payment progress, Yu said. If you don’t know which company services your student debt, you can find that information on that site, as well.

Borrowers should also request a complete payment history of their student loans if their debt has been transferred between companies in the past, Yu said. All this documentation will come in handy if your loan balance or payment history is reported inaccurately in the future.

Those who are pursuing Public Service Loan Forgiveness should certify their work history with the Education Department now, Yu said, “to ensure all eligible periods of employment count toward PSLF.”(PSLF offers debt erasure for certain public servants after 10 years of payments, and borrowers have already long complained of inaccurate payment counts.)

Protecting your student loan data

Consumer and privacy advocates are also concerned by recent reports that Musk’s DOGE had entered the Department of Education and gained access to federal student loan data on tens of millions of borrowers.

In a Feb. 6 letter signed by 16 Democratic senators, including Elizabeth Warren of Massachusetts and Chuck Schumer of New York, the lawmakers said that the Education Department’s student loan database “contains millions of borrowers’ highly sensitive information, including Social Security numbers, marital status, and income data.”

That data “could be used to target financially vulnerable people for Musk’s upcoming financial services company, could be easily breached, or abused in any number of ways,” said Ben Winters, the director of artificial intelligence and privacy at the Consumer Federation of America.

A federal judge in Maryland on Monday granted a temporary restraining order barring DOGE staffers from accessing individuals’ sensitive data at the Education Department until March 10 while a lawsuit unfolds.

Unfortunately, “it’s nearly impossible to track a specific source of data, including how it’s leaked or used or sold,” Winters said. With that being said, people can check if certain information was included in a data breach on websites like, haveibeenpwned.com, he said.

Some services manage your online presence to try to limit where your data ends up, such as one offered by Discover, Winters said. Monitoring your credit score each month to ensure no unauthorized accounts have been opened in your name can also be useful, he added.

“Also carefully scan your card and account statements periodically,” Winters said.

If you’re worried about how your personal data with the Education Department may have been used, you can make a complaint with the Consumer Financial Protection Bureau at consumerfinance.gov/complaint. You may also report it to your state’s attorney general.

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