A previous question was insufficiently focused, and this is the third part (see also part 1, on establishing an appropriate jurisdiction, and part 2, on establishing the type of claim and appropriate venue) of an attempt to break it up into several separate, more focused questions:

What would the legal course of action look like for compelling an American brokerage company to release one's funds contingent upon compliance with unreasonable/onerous identification procedures? This is a publicly traded company, and a FINRA-regulated, SEC-registered SIPC member, that is headquartered in California. This particular company has been the subject of at least one class action lawsuit in recent years.

In particular, what type of action would it be? In other words, what type of court would it be done in, and what would the initial application form be to commence its proceedings?

(For example, in England there are tribunals for certain types of claims, and many other types of civil claims fall into the general county court's purview. Yet, once something is established to be destined for the county court, there remain further determinations to be made, as to which procedural "track" it would fall into, all of which follow different rules, and may have different categories of lawyers respectively specialized in them. There are small claims, part 7 claims, part 8 claims, fast track claims, multi track claims and probably others.)

What is the corresponding situation in the US? It seems that the question raised in this post would likely depend to a fair degree on the answer to the question as to identifying a correct jurisdiction, as many of these answers may differ heavily between states or if such a matter was to be a heard in a federal venue. For example, different states might have greatly differing systems of courts, or procedural "tracks" within a single type of court, as well as rules for determining when something must be brought within one type of track/court rather than another.

Note: this has been preliminarily tagged as California, but I should return to retag it more appropriately as there come responses to the previous question as to ascertaining a suitable jurisdiction.

  • 1
    FWIW, usually the forum would be FINRA arbitration
    – ohwilleke
    Jan 30, 2023 at 17:42
  • Would you please describe "unreasonable/onerous identification procedures"? Jan 31, 2023 at 0:27


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