Home > ETFs: Stull, Stull & Brody Files Class Action Suit Against ProShares Trust On Behalf of Investors in the ProShares UltraShort SmallCap 600 Fund
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ETFs: Stull, Stull & Brody Files Class Action Suit Against ProShares Trust On Behalf of Investors in the ProShares UltraShort SmallCap 600 Fund

April 17th, 2010

Stull, Stull & Brody today announced that it has commenced a class action lawsuit in the United States District Court for the Southern District of New York on behalf of all persons who purchased or otherwise acquired shares in the ProShares UltraShort SmallCap 600 Fund (NYSE Arca: SDD) (the “SDD Fund”), an exchange-traded fund (“ETF”) offered by ProShares Trust (“ProShares”), pursuant or traceable to ProShares’ allegedly false and misleading Registration Statement, Prospectuses, and Statements of Additional Information (collectively, the “Registration Statement”) issued in connection with shares of the SDD Fund (the “Class”). The Class is seeking to pursue remedies under Sections 11 and 15 of the Securities Act of 1933 (the “Securities Act”).

The complaint names ProShares, ProShare Advisors LLC, SEI Investments Distribution Co., Michael L. Sapir, Louis M. Mayberg, Russell S. Reynolds, III, Michael Wachs and Simon Collier as defendants. The complaint alleges that ProShares sells its Ultra and UltraShort ETFs as “simple” directional plays. As marketed by ProShares, Ultra ETFs are designed to go up when markets go up; UltraShort ETFs are designed to go up when markets go down. The SDD Fund is one of ProShares’ UltraShort ETFs. The SDD Fund seeks daily investment results that correspond to twice (200%) the inverse (opposite) of the daily performance of the S&P SmallCap 600 Index (the “Index”).

The Complaint alleges that the SDD Fund is not a simple investment vehicle, did not track twice the inverse of the Index, and did not perform as described over a period longer than one trading day. The complaint alleges that ProShares and the other defendants violated the Securities Act by failing to disclose the following risks, among others, in the Registration Statement: (1) if the SDD Fund shares were held for a time period longer than one day there is a likelihood of losses; and (2) the extent to which performance of the SDD Fund would inevitably diverge from the performance of the Index.

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Plaintiff seeks to recover damages on behalf of all Class members who purchased or otherwise acquired shares of the ProShares SDD Fund. If you purchased or otherwise acquired ProShares SDD shares, and either lost money on the transaction or still hold the shares, you may apply to the Court to serve as lead plaintiff in the action no later than 60 days from today. A “lead plaintiff” is a representative party that acts on behalf of other class members in directing the litigation. In order to be appointed lead plaintiff, the Court must determine that the class member’s claim is typical of the claims of other class members, and that the class member will adequately represent the class. Under certain circumstances, one or more class members may together serve as lead plaintiff. Your ability to share in any recovery is not, however, affected by the decision whether or not to serve as a lead plaintiff. You may retain Stull, Stull & Brody, or other counsel of your choice, to serve as your counsel in this action.

In addition to the claims concerning the ProShares SDD Fund, Stull, Stull & Brody is also investigating potential claims on behalf of investors in other ProShares leveraged funds (the “Funds”) (see list below), such as whether ProShares failed to disclose in its registration statements: (i) the likelihood that damages would result if shares of the Funds were held for a time period longer than one day; and (ii) the extent to which performance of the Funds would invariably diverge from the performance of the benchmark.

Fund       Ticker Symbol
UltraShort Russell3000       (NYSE: TWQ)
UltraShort MidCap400       (NYSE: MZZ)
UltraShort Russell2000       (NYSE: TWM)
UltraPro Short S&P500       (NYSE: SPXU)
UltraShort Russell1000 Value       (NYSE: SJF)
UltraShort Russell1000 Growth       (NYSE: SFK)
UltraShort Russell MidCap Growth       (NYSE: SDK)
UltraShort Russell2000 Value       (NYSE: SJH)
UltraShort Consumer Goods       (NYSE: SZK)
UltraShort Consumer Services       (NYSE: SCC)
UltraShort Health Care       (NYSE: RXD)
UltraShort Industrials       (NYSE: SIJ)
UltraShort Semiconductors       (NYSE: SSG)
UltraShort Technology       (NYSE: REW)
UltraShort Telecommunications       (NYSE: TLL)
UltraShort Utilities       (NYSE: SDP)
UltraShort MSCI EAFE       (NYSE: EFU)
UltraShort MSCI Europe       (NYSE: EPV)
UltraShort MSCI Pacific ex-Japan       (NYSE: JPX)
UltraShort MSCI Brazil       (NYSE: BZQ)
UltraShort MSCI Japan       (NYSE: EWV)
UltraShort MSCI Mexico Investable Market       (NYSE: SMK)
UltraShort 7-10 Year Treasury       (NYSE: PST)
UltraShort 20+ Year Treasury       (NYSE: TBT)
UltraShort DJ-UBS Commodity       (NYSE: CMD)
UltraShort Gold       (NYSE: GLL)
UltraShort Silver       (NYSE: ZSL)
UltraShort Euro       (NYSE: EUO)
UltraShort Yen       (NYSE: YCS)
Ultra Dow30       (NYSE: DDM)
Ultra S&P500       (NYSE: SSO)
Ultra Russell3000       (NYSE: UWC)
Ultra MidCap400       (NYSE: MVV)
Ultra SmallCap600       (NYSE: SAA)
Ultra Russell2000       (NYSE: UWM)
UltraPro S&P500       (NYSE: UPRO)
Ultra Russell1000 Value       (NYSE: UVG)
Ultra Russell1000 Growth       (NYSE: UKF)
Ultra Russell MidCap Value       (NYSE: UVU)
Ultra Russell MidCap Growth       (NYSE: UKW)
Ultra Russell2000 Value       (NYSE: UVT)
Ultra Russell2000 Growth       (NYSE: UKK)
Ultra Consumer Goods       (NYSE: UGE)
Ultra Consumer Services       (NYSE: UCC)
Ultra Health Care       (NYSE: RXL)
Ultra Industrials       (NYSE: UXI)
Ultra Real Estate       (NYSE: URE)
Ultra Semiconductors       (NYSE: USD)
Ultra Technology       (NYSE: ROM)
Ultra Telecommunications       (NYSE: LTL)
Ultra Utilities       (NYSE: UPW)
Ultra DJ-UBS Commodity       (NYSE: UCD)
Ultra DJ-UBS Crude Oil       (NYSE: UCO)
Ultra Gold       (NYSE: UGL)
Ultra Silver       (NYSE: AGQ)
Ultra Euro       (NYSE: ULE)
Ultra Yen       (NYSE: YCL)
Ultra MSCI EAFE       (NYSE: EFO)
Ultra MSCI Emerging Markets       (NYSE: EET)
Ultra FTSE/Xinhua China 25       (NYSE: XPP)
Ultra MSCI Japan       (NYSE: EZJ)

Stull, Stull & Brody has litigated many class actions for violations of securities laws in federal courts over the past 40 years and has obtained court approval of substantial settlements on numerous occasions. Stull, Stull & Brody has offices in New York and Los Angeles.

If you wish to discuss this action, or if you have any questions concerning this notice or your rights or interests with respect to these matters, please contact Aaron Brody, Esq. at Stull, Stull & Brody by e-mail at ssbny@aol.com, or by calling toll-free 1-800-337-4983, or by fax to 1-212-490-2022, or by writing to Stull, Stull & Brody, 6 East 45th Street, New York, NY 10017. You can also visit our website at www.ssbny.com.

Attorney Advertising. Prior Results Do Not Guarantee A Similar Outcome.

Contacts

Stull, Stull & Brody
Aaron Brody, Esq., 1-800-337-4983
ssbny@aol.com

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facebook comments:

  1. Aaaron
    March 22nd, 2012 at 19:45 | #1

    I emailed info@ssbny.com today. I noticed the comments on here are pretty old, but i sent my complaint in reguardless. I hope something can be done i lost more money in two months on this ETN then my total losses in my 5 years of trading in the stock market!

  2. Bob N
    December 30th, 2010 at 18:07 | #2

    I am also very angry with VXX for the same reasons stated above. If there is any development regarding this, please shoot me an e-mail. Thank you.

  3. Albert C
    December 11th, 2010 at 14:23 | #3

    I’m a victim of VXX fraud as well. please write to info@ssbny.com to report the fraud.

  4. Daniel W
    November 22nd, 2010 at 12:19 | #4

    @Robert H

    I too would gladly be another litigant over VXX echoing Robert H and Kurt Starck’s comments. To demonstrate the horrendous disconnect between tracking the VIX with VXX, go to stockcharts.com and input $VIX:VXX into the symbol window to pull up the chart which will show how much better the VIX is performing over VXX. VXX is fixed and Barclays should be required to compensate for it’s violations.

  5. Robert H
    November 4th, 2010 at 10:16 | #5

    I’ll gladly be the second litigant in line to sue Barclays over the VXX. It’s dismal performance & non correlation to the VIX is beyond obvious. This ETN has no true working mechanism as a hedge or true indicator of a market downturn. The only fear it measures is the fear in anyone duped into buying it long based on supposed merit. One only has to view the past 20 month chart to see this product was marked for failure from the start. I look forward to being added as a client in a class action against Barclays.

  6. Kurt Starck
    October 22nd, 2010 at 13:54 | #6

    Stull, Stull & Brody should go after Barclay’s PLC for their VXX ETF and I will be the first investor to join their suit. Barclays has

    The Complaint should allege that the VXX ETF Fund is not a simple investment vehicle, did not track market volatility as described and did not perform as described over a period longer than one trading day. The complaint should allege that VXX and other defendants violated the Securities Act by failing to disclose the following risks, among others, in the Registration Statement: (1) if the VXX ETF Fund shares were held for a time period longer than one day there is a likelihood of losses; and (2) the extent to which performance of the VXX Fund would inevitably diverge from the performance of any true measure of market volatility.

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