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Fidelity Management Charged with Taking Excessive Fees from Five Mutual Funds |
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A class action has been filed against Fidelity Management & Research Company and FMR Company, Inc., on behalf of all shareholders in the Fidelity Contrafund, the Fidelity Growth & Income Fund, the Fidelity Magellan Fund, the Fidelity Blue Chip Growth Fund, and the Fidelity Low-Priced Stock Fund, who allege that the companies have charged them excessive fees for the management of the funds, in violation of federal securities laws. The action seeks unspecified compensatory damages.
The action alleges that Fidelity makes excessive profits through "egregious price-gouging" by charging ordinary customers one price but giving huge discounts to big institutional investors for the same services. The lawsuit alleges that the operational savings a fund company accrues when its issues reach the multibillion-dollar level never get passed on to individual investors. Institutional investors bargain for a better deal when they deposit millions or billions with a money management firm, but fund trustees allegedly fail to negotiate a better pricing structure for individual investors as the funds grow.
The suit alleges that if a pension fund can pay Fidelity 0.2% to manage $500 million, it makes no sense for Fidelity Magellan trustees to let shareholders pay 3.5 times that much to run a fund that is 125 times bigger. If the pension fund is paying 0.15% for management, the mutual fund should be paying that base amount, too; the fund's overall costs might be higher -- reflecting the charges involved in serving the masses -- but individual investors would not pay more than the big guys for the stock-picking part of the equation.
Under federal laws that regulate mutual funds, the fees being charged have to be fair and reasonable-- the action alleges that one way to measure reasonableness is to look at what the money managers are charging in another context for supplying similar or identical services.
Fidelity Investments managed over $1 trillion in assets as of June 30, 2004 .
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