Birch Gold Group and Lear Capital, the precious metals seller, list the same gold IRA account fees: $315 the first year, then $235 a year, as of November 2026. The two companies are far apart on the price of the coins, the written terms and the public record.
A gold IRA is a retirement account that holds physical metal through a custodian, the trust company that keeps the account for you. Lear's contract says its spreads "generally range" from 2% to 35% of the price, a range, not a cap; Birch publishes no price and no range. The spread is the share of your price that is not metal.
This is one of our pages on gold IRA companies, built from each company's own pages, court records and the BBB (Better Business Bureau), a nonprofit that grades how firms handle complaints.
We compare fees, waivers and spreads first, then Birch's $5,000 minimum against Lear's, which its IRA FAQ and contract do not state. Next come buyback, cancellation and arbitration wording, then the complaints, the $14.25 million Lear paid in three government cases (Lear's Chapter 11 plan) and the one case found for Birch, a trademark suit it filed (C.D. Cal. No. 2:25-cv-09105, pending). A verdict by situation follows. We do not name an overall winner.
Five key numbers separate the two companies.
- Account fees: $315 the first year and $235 after, at both (Birch prices page, November 4, 2026; Lear IRA FAQ, November 6, 2026).
- IRA minimum: $5,000 at Birch vs none stated in Lear's IRA FAQ or contract (October 9 and November 6, 2026).
- Spread published: none at Birch vs a range that "generally" runs 2% to 35% at Lear, not a cap (Lear's contract, last updated December 2025; read November 6, 2026).
- Cancellation window: none published at Birch vs 24 hours after the invoice at Lear (September 29, 2026).
- BBB complaints in three years: 9 at Birch (October 2, 2026) vs 33 at Lear (September 29, 2026).
Birch Gold Group vs Lear Capital at a Glance: 18 Facts Side by Side#
The table below compares the same 18 facts for Birch Gold Group and Lear Capital, with the date we checked each one. Each fact comes from the company's own page, a court or regulator record, or the BBB.
A depository is the vault that stores the metal. Segregated storage keeps your coins apart from other people's; non-segregated (shared) storage pools them and returns the same type and amount. BBB accreditation is a paid membership, separate from the BBB grade.
| # | Fact | Birch Gold Group | Lear Capital | As of / source |
|---|---|---|---|---|
| 1 | Legal name | Birch Gold Group, LP (federal court caption, 2025) | Lear Capital, LLC (terms, December 2025); the bankrupt debtor was Lear Capital, Inc. | Court docket; Lear terms |
| 2 | Based in / business start | Des Moines, Iowa / 2011-01-26 | Los Angeles, California / 1997-06-03 | BBB, 2026-11-06 |
| 3 | Leaders named by the BBB | Adrineh Telime, COO | Kevin DeMeritt, founder; John Ohanesian, CEO | BBB, 2026-11-06 |
| 4 | Custodian named | Equity Trust Company or GoldStar Trust Company | Equity Trust Company | Birch FAQ, 2026-10-09; Lear IRA FAQ and rollover page, read 2026-11-06 |
| 5 | Vault named | Delaware Depository and 4 others | Delaware Depository | Same pages and dates |
| 6 | IRA minimum | $5,000 | Not stated in its IRA FAQ or contract | Birch FAQ, 2026-10-09; Lear pages, read 2026-11-06 |
| 7 | Account fees, year one / later years | $315 / $235 (Equity Trust example, shared storage) | $315 / $235 (e-statements, shared storage) | Birch prices page, 2026-11-04; Lear IRA FAQ, 2026-11-06 |
| 8 | Fee waiver | Year 1 paid above $50,000; no product condition stated | 1 to 3 years free from $25,000; "Limited Mintage coins only" | Birch FAQ, 2026-10-09; Lear IRA FAQ, 2026-11-06 |
| 9 | Free metal offer | "up to $10,000" from $50,000; "eligible types" not named | "Up to $15,000 in Free Coins"; terms not published | Birch offer terms, 2026-10-02; Lear homepage, 2026-09-29 |
| 10 | Coin prices online | No: "we do not quote product prices online" | Yes, live prices | Birch prices page, 2026-11-04; SafeOunce count, 2026-10-02 |
| 11 | Spread range in writing | Not published | "generally" 2%-35% of the price, not a cap; 2022 average 23.4% | Lear terms, December 2025; Lear Chapter 11 plan, 2023 |
| 12 | Cancellation | Not published; refunds only for counterfeit coins within 90 days | 24 hours after the written invoice | Birch risk disclosure, 2026-09-29; Lear terms, December 2025 |
| 13 | Buyback wording | "we do not make any money when we buy back" (blog); no method | Wholesaler's "highest list bid"; "The law prohibits LC from guaranteeing" | Birch blog, 2026-07-23; Lear terms, December 2025 |
| 14 | Purchase contract public | No (website terms and risk disclosure only) | Yes (December 2025) | 2026-09-29 |
| 15 | Disputes | JAMS arbitration in Des Moines; fees "divided equally"; confidential | JAMS arbitration in Los Angeles; 30-day opt-out, after which Lear may cancel the sale | Company terms, 2026-09-29 |
| 16 | BBB | A+, accredited 2013-07-22; 9 complaints in 3 years; 230 reviews | A+, accredited 1997-09-19; 33 complaints in 3 years; 149 reviews | BBB, 2026-10-02 (Birch), 2026-09-29 (Lear) |
| 17 | Court and regulator record | 1 federal case found, filed by Birch (trademark, pending: C.D. Cal. No. 2:25-cv-09105); no regulator action found | $14.25 million paid in three government cases, 2021-2023, no admission (NY Index No. 807970/2021; LA Superior Court No. 19STCV19362 and Bankr. D. Del. No. 22-10165); Chapter 11 filed 2022 | Court and regulator records; searches of 2026-09-29 |
| 18 | SafeOunce rating status | Provisional: earned 35 of the 47 points checked so far | Provisional: earned 14 of the 52 points checked so far; Gate 3 (off best-of lists) | SafeOunce method, 2026-10-02 |
| Official site | birchgold.com | learcapital.com |
Company website links in this table: SafeOunce earns nothing from these links.
Where a cell says "not published", we searched the company's website and found nothing.
Other pages list Birch's founding year as 2003 and its minimum as $10,000 or $25,000. Some give Lear "340+" BBB reviews, say Lear has no buyback program, or call Lear's custodian "not named". The figures above come from each company's own pages and the BBB.
Our Birch Gold Group review covers Birch alone, and the Lear Capital review covers Lear, including its 2022 bankruptcy. Lear Capital is not connected to Lear Corporation, the car-parts maker.
How Do Birch Gold and Lear Capital Fees Compare?#
Birch Gold and Lear Capital charge the same yearly account fees, $235 after year one, so waivers, bonus metal and the coin spread decide the real cost. Account fees are flat yearly bills from the custodian and the vault. The spread is a share of every dollar you spend on metal. On $100,000, one point of spread is $1,000, more than four years of $235 fees. Our guide to gold IRA fees lists every cost layer.
Account fees: the same $315 first year and $235 after#
Birch Gold and Lear Capital both list $315 for the first year and $235 for each later year with shared storage, as of November 2026. Birch's prices page (last updated November 4, 2026) itemizes the bill: "Account Setup Fee: $50", "Wire Transfer Fee: $30", "Custodial Fees: $125" and "Storage and Insurance: $110". Its FAQ (updated October 9, 2026) says fees "typically average around $235 per year".
Lear's IRA FAQ gives one total: "The fee for the first year is $315 and $235 each subsequent year." That price is "contingent on choosing electronic statements and non-segregated storage" (read November 6, 2026). The table sets both against the schedule of the custodian both name.
| Fee line | Birch Gold (prices page) | Lear Capital (IRA FAQ) | Equity Trust metals schedule FS-0004-05 |
|---|---|---|---|
| Setup | $50 | Inside the $315 | $50 |
| Wire | $30 | Inside the $315 | $30 |
| Yearly custodian fee | $125 | Inside the $235 | $125 |
| Yearly storage, shared | $110 | Inside the $235 | $110 |
| Yearly storage, segregated | Not on its prices page | "Higher", amount not stated | $160 |
| Paper statements | Not listed | Fee assumes e-statements | $60 a year |
| Year one | $315 ($0 above $50,000) | $315 | $315 |
| Each later year | $235 | $235 | $235 |
| 10 years at list | $2,430 ($2,115 above $50,000) | $2,430 | $2,430 |
| Exit: sale / transfer out / closing | Not listed | Not listed | $30 per sale / $125 / $250 |
Birch's figures equal the precious-metals-only fee schedule of Equity Trust Company line for line. Lear's $315 and $235 equal the same four lines ($50 + $30 + $125 + $110), which suggests the same schedule. The full Equity Trust precious metals IRA fees include exit charges.
The schedule also explains Lear's condition: Equity Trust charges $60 a year for paper statements. Birch also names GoldStar Trust, whose shared-storage total is $215 a year (fee schedule Rev. 01/2026).
Fee waivers: one year at Birch Gold vs up to three years on Lear's Limited Mintage coins#
Birch Gold pays the first year's fees above $50,000 on any purchase, while Lear waives up to three years but only on its Limited Mintage coins. Birch's FAQ (October 9, 2026) says: "Birch Gold covers the first year's fees for accounts over $50,000." Its prices page says "For transfers over $50,000, your first year's fees are waived entirely", and elsewhere "$50,000 or more".
A waiver is a promise to pay a fee for you. Lear's IRA FAQ waives year one from $25,000 to $50,000, years one and two from $50,000 to $75,000, and years one to three above $75,000. A footnote limits all three: "*Limited Mintage coins only". The money comes back as a reimbursement, paid "after first month in storage".
A Limited Mintage coin is a coin from a small production run sold at a higher price. Birch's pages state no product condition for its waiver (October 2, 2026). The table values each waiver at list fees, assuming it covers the whole bill. Lear's FAQ does not say which fee lines it repays, so confirm that with Lear.
| Account size | Birch Gold waiver | Lear Capital waiver (if it covers the whole bill) | Lear's product condition |
|---|---|---|---|
| $25,000 to $49,999 | $0 | $315 (year 1) | Limited Mintage coins only |
| $50,000 to $74,999 | $315 (year 1; "over" vs "or more" at exactly $50,000) | $550 (years 1-2) | Limited Mintage coins only |
| $75,000 and up | $315 (year 1) | $785 (years 1-3) | Limited Mintage coins only |
At $100,000, Lear's three free years are worth up to $470 more than Birch's one. One percentage point of spread on $100,000 is $1,000. So if Lear's Limited Mintage coins carry a spread just 0.47 points higher than the bullion you would otherwise buy, the bigger waiver costs you more than it saves.
What other sellers' no-fee gold IRA offers are worth is computed on our fee-waiver page.
Free metals and credits: up to $10,000 at Birch Gold vs up to $15,000 in coins at Lear#
Birch Gold's free-metals offer is worth at most 1% of what you buy, and Lear's "Up to $15,000 in Free Coins" has no published terms, as of October 2026. Bonus metal is extra metal a seller adds to your order. The four offers are listed below.
- Birch free metals: $500 on $50,000 to $99,999.99, $1,000 from $100,000, $2,500 from $250,000 and $10,000 at $1,000,000 or more. The terms say "The metals purchased must be of eligible types" but do not name the types (October 2, 2026).
- Lear free coins: "Up to $15,000 in Free Coins" with a qualifying purchase; Lear publishes no terms for it (September 29, 2026).
- Lear $500 credit: "Get $500 and your FREE investor kit!", usable "for shipping, insurance charges or IRA custodial fees" (September 29, 2026).
- Lear price match: within 24 hours of the invoice, "we will beat or match that price", or you may cancel at no cost (IRA FAQ, November 6, 2026).
Who pays for the free coins? Lear's affiliate contract (updated August 1, 2025) subtracts "the cost of any giveaways provided to induce the sale (e.g., reimbursed IRA custodial fees, bonus precious metals)" from gross profit. In plain English: the free coins and free fees come out of the spread on what you buy.
Lear's Chapter 11 plan reports net profit of only 2.51% of revenue in 2020 and 2.77% in 2021. Set against its 23.4% average spread in 2022, about 20 points of spread went to running and selling costs, not profit (SafeOunce computation from the plan).
Ask which coins qualify, and their spread, before you count any bonus. How free silver and bonus metal gold IRA promotions are paid for is explained step by step.
The spread: Lear publishes 2% to 35%, Birch Gold publishes no price or range#
Lear's contract says its spreads "generally range between 2% and 35% of the quoted purchase price", while Birch Gold publishes neither coin prices nor a spread range. The spread, also called the premium over spot, is the gap between your price and the spot price. The spot price is today's market price for one ounce of raw metal.
"Generally" means the range is not a cap. Lear's contract (last updated December 2025) says the exact spread is "specified and confirmed during the transaction voice confirmation process and included in Customer's invoice". A voice confirmation is a recorded call where you answer yes or no to the order terms. In its bankruptcy plan (Doc 694, June 5, 2023), Lear said its spread "can be as much as 33% (in 2022, the average spread was 23.4%)".
Birch's prices page (November 4, 2026) says "we do not quote product prices online". It adds: "we don't know the exact Birch Gold prices until your order is finalized". The table lists what each company puts in writing about price.
| What is in writing | Birch Gold | Lear Capital |
|---|---|---|
| Coin prices online | No | Yes, live prices (one of 4 of 15 operating sellers, October 2, 2026) |
| Spread range | None published | "between 2% and 35% of the quoted purchase price" (terms, December 2025) |
| Exact spread before you pay | Not until "your order is finalized" | On the recorded voice confirmation and the invoice |
| Company's own figures | "a premium above our own acquisition cost" (FAQ, October 9, 2026) | 2022 average 23.4%, up to 33% (Chapter 11 plan, 2023); fees "start at 1%" (reputation FAQ, October 2, 2026) |
| CFTC benchmark, same for both | Bullion 5% to 10% over spot (release 8215-20, 2020); legitimate spreads often under 20% ("10 Things", 2024) | Same |
Birch's FAQ makes a claim of its own: the gap between spot and your price "does not represent Birch Gold's markup or profit". Birch's fees blog (July 23, 2026) says: "Like any precious metals dealer, we charge a premium over the spot price." Lear's reputation FAQ (October 2, 2026) puts the low end at 1%, its contract at 2%. Every published range is on gold IRA markups and spreads.
How much must gold rise to cover each spread?#
At Lear's own 2022 average spread of 23.4%, gold must rise about 37% before a sale gets your money back; at a 5% spread, about 10%. The table shows the rise needed at seven spreads, and how many years that takes if gold gains 4% or 7% a year.
| Spread | Whose figure | Rise to reach dealer cost | Rise including the buyback gap | Years at 4% / 7% a year (illustration) |
|---|---|---|---|---|
| 2% | Low end of Lear's stated range | 2.0% | 7.1% | 1.7 / 1.0 |
| 5% | CFTC bullion benchmark | 5.3% | 10.4% | 2.5 / 1.5 |
| 12% | Lear plan refund line | 13.6% | 19.2% | 4.5 / 2.6 |
| 20% | Round example | 25.0% | 31.1% | 6.9 / 4.0 |
| 23.4% | Lear 2022 average | 30.5% | 37.0% | 8.0 / 4.6 |
| 30% | Round example | 42.9% | 49.9% | 10.3 / 6.0 |
| 35% | High end of Lear's stated range (not a cap) | 53.8% | 61.4% | 12.2 / 7.1 |
To check a row, divide 1 by (1 minus the spread) times 0.953, then subtract 1. The 0.953 comes from Lear's own contract example: a coin that cost Lear $32 would be bought back at about $30.50. Birch publishes no spread or bid, so the same rows apply to whatever spread Birch quotes you. At 23.4% and 4% a year, breaking even takes about eight years, well past the 3 to 5 year minimum hold both companies name. Test your own quote in the gold IRA break-even calculator.
What $100,000 costs over 10 years at Birch Gold and Lear Capital#
On a $100,000 gold IRA, ten years of account fees cost $2,115 at Birch Gold and $2,430 at Lear Capital, but the coin spread costs far more at both. Birch's total is lower because it pays year one above $50,000. Lear's falls to $1,645 if its three free years on Limited Mintage coins cover the whole bill.
| Spread | Day-one sale value | Loss on day one | Birch total, 10 years | Lear total at list | Lear total with 3-year waiver (if it covers the whole bill) |
|---|---|---|---|---|---|
| 5% | $90,547 | $9,453 | $11,568 | $11,883 | $11,098 |
| 12% | $83,875 | $16,125 | $18,240 | $18,555 | $17,770 |
| 23.4% | $73,009 | $26,991 | $29,106 | $29,421 | $28,636 |
| 30% | $66,719 | $33,281 | $35,396 | $35,711 | $34,926 |
The day-one sale value is what the coins would fetch if sold back the day you bought them. At any one spread, the two companies end within $315 to $470 of each other, while one point more in the spread adds about $950 to the loss. Exit fees under Equity Trust's precious-metals-only schedule FS-0004-05 Rev. 081726 are the same at both: $30 to sell and $250 to close, or $280.
Your custodian statement leaves out the dealer's markup. Equity Trust's disclosure says its values "do not include any markups, commissions or premiums from the precious metals dealer". At a 23.4% spread, $100,000 shows as about $76,600 of metal. Run your own amount and spread in the gold IRA fee calculator.
Minimum Investment: $5,000 at Birch Gold vs No Minimum in Lear's FAQ or Contract at Lear Capital#
Birch Gold requires at least $5,000 to open a gold IRA, while Lear's IRA FAQ and contract state no minimum, as of November 2026. Birch's FAQ (October 9, 2026) says the company "currently requires a minimum investment of $5,000". It adds that this "can vary depending on market conditions and product availability". The same $5,000 applies to home-delivery purchases outside an IRA.
Lear's IRA FAQ and its contract (December 2025) state no minimum, read November 6, 2026. Its offers start at set sizes instead: the "$50 set-up fee covered" applies above "> $10K", and its affiliate contract counts a sales lead only above $10,000 of interest. Neither is a minimum, so ask Lear for its figure in writing.
The IRS sets no minimum; these are company rules. The 2026 IRA contribution limit is $7,500, plus $1,100 at age 50 and older (IRS Notice 2025-67). So a gold IRA usually starts with a transfer, which moves money directly between custodians, or a rollover from a 401(k). Every published figure is compared on gold IRA minimums by company.
What the minimum means for fee drag#
At Birch Gold's $5,000 minimum, $235 a year takes 4.7% of your balance every year, and $315 takes 6.3% in year one, before any spread. Fee drag is the share of your account the yearly fees take. Both companies list flat fees, so the drag shrinks as the account grows. The table applies the same fees to five account sizes.
| Account size | $235 yearly fee as % | $315 year-one fee as % |
|---|---|---|
| $5,000 | 4.7% | 6.3% |
| $10,000 | 2.35% | 3.15% |
| $25,000 | 0.94% | 1.26% |
| $50,000 | 0.47% | 0.63% (Birch $0 above $50,000) |
| $100,000 | 0.235% | 0.315% (Birch $0) |
Gold would have to beat these figures every year just to keep your balance level, and the spread comes on top. Cheaper routes are listed under best gold IRA companies for small investors.
Less than $25,000? A gold ETF may cost less#
Below $25,000, both companies' $235 a year takes about 1% or more of your balance, while a gold ETF charging 0.10% costs about $10 a year on $10,000. An ETF is an exchange-traded fund, a fund you buy like a stock inside an ordinary IRA. The expense ratio is the yearly fee the fund takes as a share of what you hold; GLDM, one gold ETF, lists 0.10% (September 29, 2026). The costs are set out in gold IRA vs gold ETF.
Buyback and Cancellation: What Each Company Puts in Writing#
Lear puts a buyback method, a 24-hour cancellation right and its full contract online, while Birch Gold publishes only website terms, a risk disclosure and short buyback statements. The written wording matters more than the sales call because disputes at both companies go to private arbitration, where the signed documents decide.
Buyback wording: "we do not make any money when we buy back" vs "the law prohibits" a guarantee#
Lear's contract says the law prohibits it from guaranteeing a buyback and ties its bid to the wholesaler's price. Birch Gold says it earns nothing on buybacks but publishes no method. A buyback is the dealer buying your coins back. The bid is the price a dealer pays you, and the ask is the price it charges you. A wholesaler is the larger dealer that supplies the seller.
| Company | Exact wording | Where and date | What it means |
|---|---|---|---|
| Lear | "The law prohibits LC from guaranteeing to buyback the Precious Metals LC sells" | Terms, December 2025 | No promise to buy |
| Lear | "LC will offer the highest list bid price ... offered by its wholesaler"; no spread on buybacks of metal it sold you | Terms, December 2025 | A stated method for the bid |
| Lear | "as of the date of the transmission of this Agreement, LC has never refused the opportunity to buyback" | Terms, December 2025 | A history claim, not a promise |
| Lear | "its buyback (or bid) prices are lower than its sell (or ask) prices" | IRA FAQ, November 6, 2026 | You sell back for less than you paid |
| Birch | "we do not make any money when we buy back" | Fees blog, July 23, 2026 | A claim; no formula, timing or written promise |
| Birch | "We always welcome the opportunity to buy back metals we have sold to our customers" | FAQ, October 9, 2026 | A welcome, not a commitment |
Lear's contract gives its own example: a coin sold at $40 with a 20% spread cost Lear $32 and would be bought back at about $30.50. Sold the same day, that is a 23.75% loss. Our guide to buyback prices and custodian fees when you sell explains the bid.
One Trustpilot reviewer alleges that Lear told him on February 27, 2026 that it was "not doing buy backs at this time". Lear replied there that demand surged that month and "liquidity and processing timelines were affected across the industry, not just at Lear" (Trustpilot thread).
Birch's gold IRA page claimed until October 1, 2026 that its buyback quote is "more accurate than the statements sent by your custodian". That line is gone from the updated page.
Other firms' wording is in gold IRA buyback programs compared.
Cancellation: 24 hours at Lear vs no published window at Birch Gold#
Lear gives you 24 hours to cancel after it sends the written invoice, while Birch Gold publishes no cancellation window and accepts returns for refund only of counterfeit coins. An invoice is the bill listing each coin, its price and your spread. Lear's contract (section 1.2, December 2025) says: "Customer then has 24 hours to cancel the transaction without penalty." It adds: "Certain states require longer cancellation periods, which LC honors."
Lear's 2023 bankruptcy plan says the 2021 Los Angeles settlement required "(to most buyers) a 24-hour, no risk cancellation policy".
Birch's risk disclosure allows refunds of nothing "other than counterfeit coins returned in their original holders within ninety (90) days of purchase" (September 29, 2026). Ask Birch how many days you have to cancel, from when, and get the answer by email before you sign.
Treasury Regulation 1.408-6 gives at least 7 days to revoke a new IRA, meaning to cancel it and get your money back. That right runs against the custodian, not the dealer. Our page on how to cancel a gold IRA separates the IRS right from the dealer's terms.
Contracts and arbitration: Des Moines with split fees vs Los Angeles with an opt-out#
Both companies send disputes to private JAMS arbitration. Birch Gold's terms split the fees 50/50 and keep results confidential, while Lear lets you opt out within 30 days but may then cancel your sale. Arbitration means a private judge decides instead of a court, and JAMS is a company that runs arbitrations. A class waiver means you give up joining other customers in one group lawsuit.
Birch publishes website terms, not its purchase contract, the Transaction Agreement. Those terms reach "(d) any transaction, communication or interaction between You and Birch Gold Group".
| Term | Birch Gold (website terms, read September 29, 2026) | Lear Capital (terms, December 2025) |
|---|---|---|
| Contract public | No; website terms and risk disclosure only | Yes, full terms |
| Governing law | Iowa law | Not checked for this page |
| Forum | JAMS, one arbitrator, Des Moines, Iowa | JAMS, one arbitrator, Los Angeles; hearing in your county on hardship |
| Arbitration fees | "divided equally", subject to JAMS minimum standards | Not checked for this page |
| Confidentiality | "strictly confidential" | Not checked for this page |
| Class waiver | Yes, class claims not allowed | Yes |
| Opt-out | None found | Within 30 days; Lear may then cancel the sale for a full refund |
| Claim deadline | None found | "within 1 year plus 1 day" |
| Do-Not-Call | Not checked for this page | You authorize calls even if your number is on the National Do Not Call Registry |
| Liability cap | Not checked for this page | Amount paid "(LESS THE VALUE OF THE PRECIOUS METALS RECEIVED)", except California buyers |
JAMS Consumer Minimum Standard 7 says "the only fee required to be paid by the consumer is $250" where the standards apply. After a Lear opt-out, "LC shall have the right to rescind Customer's purchase transaction for a full refund". To rescind is to cancel the sale and return the money.
Ireland v. Lear Capital, Inc., D. Minn. No. 12-cv-2467 was stayed for arbitration on December 4, 2012. Patterson v. Lear Capital, Inc., D. Utah No. 2:20-cv-251 was dismissed to arbitration on October 15, 2020. All 17 sellers' contracts are compared in gold IRA company contracts compared.
Both companies' own papers say the same thing about time. Birch's risk disclosure says to hold metal "at least a three to five-year period, and preferably five to ten years". Lear's contract (section 1.6) says "at least a 3 to 5 year period, and preferably 5 to 10 years", and that a customer "should not invest more than twenty percent (20%)" of available investment funds in precious metals.
Custodians and depositories: Equity Trust and the Delaware Depository at both#
Both companies name Equity Trust Company as custodian and the Delaware Depository as vault, and Birch Gold also names GoldStar Trust and four more depositories.
Birch's FAQ (October 9, 2026) says: "We most frequently use Equity Trust Company and Goldstar Trust Company." It lists five depositories: Delaware Depository, Brink's Global Services, International Depository Services, Texas Precious Metals Depository and Texas Bullion Depository. See GoldStar Trust fees.
Lear's IRA FAQ (read November 6, 2026) names "The IRA custodian, Equity Trust Company". It adds that "Lear Capital ships (insured) all metals directly to the Delaware Depository". Its rollover page also names "our preferred IRA custodian, Equity Trust Company". When we read it on October 2, 2026, the FAQ named "Self Directed IRA Services, Inc.", STRATA Trust Company's former name.
Transfer times differ. Birch's prices page says "5-10 business days minimum, as long as six weeks in rare cases" (November 4, 2026). Lear's IRA FAQ says "On average, funds can be transferred within 5 business days" (November 6, 2026).
The Delaware Depository lists $1 billion of all-risk insurance plus $100 million of contingent cover (Delaware Depository FAQ, September 29, 2026). The policy pays metal value, not premiums, and excludes war, terrorism, cyber events and confiscation. FDIC and SIPC, the federal bank and broker protection programs, never cover IRA metal. The Delaware Depository terms are on its own page.
Ask either company these three custody questions.
- Custodian: which one, and which revision of its fee schedule?
- Title: is the depository account titled to your IRA?
- Storage: segregated or shared, and at what yearly price?
Complaints, Lawsuits and Regulatory Records Compared#
Lear Capital has 33 BBB complaints in three years and paid $14.25 million in three government cases; Birch Gold has 9 complaints and one lawsuit found, which it filed itself. The BBB counts date from September 29, 2026 for Lear and October 2, 2026 for Birch. Lear's payments are on record in its Chapter 11 plan and the New York Attorney General's release. Birch's record will be broken down by topic on Birch Gold Group complaints, lawsuits and BBB record.
BBB and Trustpilot: 9 vs 33 complaints in three years#
Lear's BBB profile shows 22.1 complaints per 100 reviews and Birch Gold's 3.9, so Lear's rate is about 5.7 times Birch's, as of September and October 2026. Complaint density is complaints divided by reviews, which adjusts for how many customers write in at all.
| Measure | Birch Gold Group | Lear Capital |
|---|---|---|
| BBB grade | A+ | A+ |
| Accredited since | 2013-07-22 | 1997-09-19 |
| Complaints in 3 years | 9 | 33 |
| BBB reviews | 230 | 149 |
| Complaints per 100 reviews | 3.9 | 22.1 |
| Trustpilot score | 4.7 | 4.7 |
| Trustpilot reviews | 327 | More than 3,280 |
| Five-star share | 89% | 89% |
| One-star share | 6% | 1% |
| Invites reviews | No recent history of inviting reviews | Yes; replied to 100% of negative reviews |
| As of | 2026-10-02 | 2026-09-29 |
Both companies hold an A+ grade, and the grade needs context. Accreditation is a paid BBB membership. According to the BBB's rating overview, 90 of the 100 points relate to complaints, and reviews are not used.
Counts also grow with sales volume. Lear reported $146.6 million of 2022 revenue in its bankruptcy plan, and Birch publishes none. Disputes settled in confidential arbitration may never show up in BBB counts.
Trustpilot adds seven 3.5-star reviews to every profile. The same 4.7 score hides opposite one-star shares, 6% at Birch and 1% at Lear, and only Lear invites reviews. Trustpilot's automated summary of Birch's reviews mentions "misleading pricing on specific alternative coin products" (October 2, 2026); that is what reviewers allege, not a SafeOunce finding. Why star ratings barely separate these firms is covered in BBB, BCA and Trustpilot ratings.
What customers allege about prices, and how each company replies#
Recent BBB complaints at both companies allege far higher prices over the metal value than buyers expected. Both companies reply that the price was in the signed paperwork. An allegation is a customer's claim that no court or regulator has tested.
In three complaints filed in January and February 2026, Birch customers alleged premiums far above what they expected. One wrote that a representative "told me Florins were the right products for my portfolio" after asking about bullion. Another of the three alleged "a premium of up to ~90+%" while the agreement "states premiums between 5 to 45%"; SafeOunce has not seen that agreement. Birch replied to all three that they were not charged the premiums they claimed, and that pricing is in the Transaction Agreement each signed. One of Birch's replies says the customer "is being coached by a representative at a competing precious metals retailer" (BBB complaints page, October 2, 2026). The BBB shows 6 of the 9 complaints resolved and 3 answered.
Lear complaints from October 2023 to March 2026 alleged unexplained spreads of 30% to 38%. One wrote that "a 7% markup was discussed on multiple occasions" (January 24, 2026). Lear replied that buyers heard their spread on the recorded confirmation, the taped call approving the order. One reply says the fee "falls within the range that appears on his signed contract" (December 24, 2024).
One Lear customer alleged he asked for 1-ounce Gold Eagles and received 139 quarter-ounce coins (January 10, 2024); Lear replied that the sides had "worked out a solution". The BBB marks all 33 Lear complaints answered or resolved (BBB complaints page, October 2, 2026). New York's 2021 petition alleged a "33 percent" fee read inside yes-or-no questions and first statements that "declined by a third"; Lear settled without admitting wrongdoing.
Get the percent over spot for each coin in writing before the recorded call, and answer "no" if a number differs from what you were told. Why a gold IRA statement shows less than you paid is explained on our statement guide.
Lawsuits and settlements: one trademark case vs $14.25 million paid#
Lear paid $14.25 million in 2021-2023 to settle three government cases over undisclosed fees, without admitting wrongdoing. The one federal case found for Birch Gold is a trademark suit Birch filed. A consent decree is a settlement that a court approves as an order. The table lists every case found for either company.
| Case | Court and number | Filed | What it was about | Outcome and date | Money | Admission |
|---|---|---|---|---|---|---|
| Birch Gold Group, LP v. Bishop Gold Group, LLC | C.D. Cal. No. 2:25-cv-09105 | 2025-09-24 | Trademark; Birch is the plaintiff | Sent to mediation 2026-02-16; jury trial set for 2027-04-12; pending | None | n/a |
| Los Angeles City Attorney v. Lear Capital | LA Superior Court No. 19STCV19362 (Lear's Chapter 11 plan) | 2019-06-05 | Unfair Competition Law | Binding Agreement 2021-12-30 | $2.75 million | No admission |
| People of New York v. Lear Capital, Inc. and Kevin DeMeritt | NY Supreme Court, Erie County, Index No. 807970/2021 | 2021-06-17 | Alleged hidden commissions up to 33% | Consent decree on or about 2021-12-30, announced 2022-01-03 | $6 million | No admission |
| In re Lear Capital, Inc. | Bankr. D. Del. No. 22-10165 (BLS), Subchapter V | 2022-03-02 | Chapter 11 after state claims over fees | Plan confirmed 2023-06-12 | $5.5 million Customer Fund | "neither admits nor denies" |
| Ireland v. Lear Capital, Inc. | D. Minn. No. 12-cv-2467 | 2012 | Customer claims | Stayed for arbitration 2012-12-04 | Not public | n/a |
| Patterson v. Lear Capital, Inc. | D. Utah No. 2:20-cv-251 | 2020 | Alleged $377,375 of coins swapped into platinum worth about $141,527 by 2018-12-31 | Dismissed to arbitration 2020-10-15; result not public | Not public | n/a |
| Cheung v. Lear Capital Holdings, Inc. | C.D. Cal. No. 2:24-cv-08490 | 2024-10-02 | TCPA (sales calls and texts) | Voluntarily dismissed with prejudice 2024-12-02, per docket summaries | None found | n/a |
Chapter 11 lets a business keep operating while it repays creditors under a plan; Subchapter V is a faster track for small firms. The plaintiff is the side that sues.
Lear's plan set up the Customer Fund for refunds to past buyers. The refund equals the spread a buyer paid minus a hypothetical 12% spread, for purchases from January 1, 2016 to March 3, 2022. On a $100,000 purchase, that is $8,000 at a 20% spread, $11,400 at 23.4% and $21,000 at 33%, paid from the fixed $5.5 million fund (SafeOunce computation from the plan formula). At least 42 regulators took part (South Carolina Attorney General release). The DC DISB release of October 19, 2023 says Lear "urged investors to liquidate their traditional retirement savings and buy precious metals without proper fee disclosures".
Birch's own lawsuit page says Birch "has never been sued by investors in the company". SafeOunce found no customer class action against Birch (September 29, 2026).
Cancellation, arbitration and restitution are compared on how to get your money back from a gold IRA company.
Regulator actions: none found for Birch Gold, state cases for Lear#
SafeOunce found no regulator action against Birch Gold, and Lear's three cases came from states and a city, not the CFTC or SEC, as of September 29, 2026. The CFTC and SEC are the federal commodities and securities regulators. Every case we track is in our list of gold IRA enforcement actions.
We searched CFTC press releases, SEC litigation releases, and state attorney general and securities regulator sites for both names. Our 50-state sweep is not complete, so a small state action could still be missing.
Marketing claims vs the record: "IRS-approved" depositories and the RMD age#
Both companies call the same vault, the Delaware Depository, "IRS-approved", but the IRS approves no depository, and Birch Gold's pages still give an outdated RMD age. RMD stands for required minimum distribution, the yearly withdrawal the law requires from a traditional IRA. The table sets five claims against the record.
| Claim | Where, date read | What the record shows |
|---|---|---|
| "Your metals are stored with IRS-approved depositories like Delaware Depository and Brink's" | Birch homepage, 2026-09-29 | IRA bullion must be "in the physical possession of a trustee" (26 U.S.C. 408(m)(3)(B)); the IRS approves no vault |
| "the Delaware Depository IRS-approved depository vault" | Lear IRA FAQ, 2026-11-06 | Same rule; the IRS list covers nonbank trustees only (73 on 2026-04-01) |
| RMDs at "72" | Birch gold IRA page (2026-10-01) and platinum IRA page (2026-05-06) | 73 if born 1951 to 1958, 75 if born 1960 or later (26 U.S.C. 401(a)(9)(C)(v)); 1959 = 73 under proposed IRS regulations (REG-103529-23), not final; Birch's gold Roth IRA page says 73 |
| "IRS-approved precious metals" | Birch how-to-purchase table and a blog guide, 2026-10-02 | The same blog says "the IRS does not formally approve specific coins, bars, or rounds" |
| "No customer, vendor, or business partner incurred a monetary loss" | Lear bankruptcy page, 2026-09-29 | Lear's plan created a $5.5 million fund that refunded spreads above 12% |
A trustee is the bank or IRS-listed trust company that holds IRA assets; the IRS lists trustees, not vaults. What the IRS list does and does not cover is on IRS-approved gold IRA custodians.
The IRS RMD FAQs give the current rules. An RMD taken too late can cost you a penalty, so check the age that applies to you on gold IRA required minimum distributions.
Birch Gold or Lear Capital: Which Company Fits Your Situation?#
Neither company fits everyone: the right one depends on how much you move, whether you get the spread in writing, and how you weigh Lear's settlements. The table matches ten situations to the record that decides each one.
| # | Your situation | What the records point to | Deciding fact |
|---|---|---|---|
| 1 | Under $10,000 to move | Birch's $5,000 is the only minimum stated in either company's FAQ; $235 a year takes 2.35% to 4.7% | Compare a gold ETF first |
| 2 | $10,000 to $49,999 | Same fees at both; Birch pays nothing in year one below $50,000; Lear waives year one from $25,000 only on Limited Mintage coins | Get the spread on any waiver coin in writing |
| 3 | $50,000 or more, plain bullion | Birch pays year one on any product it describes | Ask both for the percent over spot |
| 4 | You want a written spread range before you call | Only Lear prints one: "generally" 2% to 35%, a range, not a cap | Lear's contract, December 2025 |
| 5 | You are offered Limited Mintage coins for free years | Decline unless the spread is in writing | Three free years are worth at most $785, less than one point of spread on $100,000 |
| 6 | You want a written right to cancel | Lear gives 24 hours after the invoice; Birch publishes none | Lear's contract, section 1.2 |
| 7 | You want to keep the right to sue | Neither is easy | Lear's opt-out lets it cancel the sale; Birch's terms show no opt-out |
| 8 | You want the fewest complaints and no settlements | Birch | 3.9 vs 22.1 complaints per 100 BBB reviews; no regulator case found for Birch |
| 9 | You bought from Lear between 2016 and March 2022 | Ask whether you received a plan refund (spread paid minus 12%: $11,400 on $100,000 at 23.4%) | Contact your state securities regulator |
| 10 | You need the money within 5 years | Neither | Both companies' own papers say to hold at least 3 to 5 years |
Small accounts and buyers who want no settlement history lean toward Birch; buyers who want every term printed before the call lean toward Lear. Everyone needs a written spread.
SafeOunce's results for both are provisional: Birch Gold earned 35 of the 47 points checked so far, and Lear earned 14 of the 52 points checked so far (October 2, 2026). Neither has a band or a score out of 100 until all 100 points are checked, including our written quote test. The scoring rules are in how SafeOunce rates gold IRA companies.
Lear's 2021-2023 settlements trigger Gate 3, the rule that keeps a company off SafeOunce's best gold IRA companies list for 5 years from the settlement date. Birch is not under any gate.
What Should You Ask Birch Gold or Lear Capital Before You Sign?#
Ask both companies the same six questions in writing, on the same day, before you move any retirement money.
- Ask for the price of each coin and its percent over spot.
- Ask whether each coin is plain bullion or a Limited Mintage or premium coin.
- Ask what the company would pay you for the same coins tomorrow, and how that bid is set.
- Ask for the purchase contract and invoice by email before the recorded call.
- Ask how many days you have to cancel, and when the clock starts.
- Ask which custodian, which depository and which fee schedule revision apply.
All 12 questions from our longer checklist are in how to choose a gold IRA company.
The Telemarketing Sales Rule backs question 1. Under 16 CFR 310.3(a)(1)(i), a telemarketer must disclose the total cost before you pay. Section 310.6(b)(5) keeps precious metals investment sales under the rule even when you called first.
Put both written quotes side by side in our gold IRA company comparison tool.
How are review sites paid to recommend Birch Gold or Lear Capital?#
Both companies pay referral sites. Lear's affiliate contract pays $175 to $225 per qualified lead plus a share of gross profit, and Birch Gold pays per lead and per sale without publishing amounts. An affiliate is a website paid for sending customers. Lear counts a lead only after "a Lear Capital sales representative" has spoken with you, and New York leads do not count.
Lear's share of gross profit is not established: the contract's words say five, six and seven percent, while its figures say 8%, 9% and 10% (contract updated August 1, 2025). Affiliates must tell readers their reviews "are not neutral or independent". We explain the whole system in are gold IRA reviews paid.
Birch's affiliate page says: "We pay for every qualified lead and offer commissions on every sale throughout the customer's lifetime." It reports "less than 200" affiliates in 15 years, shared with BitIRA, and publishes no amounts (September 29, 2026). One ranking page near the top of Google for this pair puts Lear first and says it "may receive compensation from companies featured on this page".
Many review pages are paid when you contact a company; see who pays SafeOunce. SafeOunce takes no money from any company named on this page.
Who endorses Birch Gold and Lear Capital?#
Birch Gold's homepage lists Ron Paul, Dan Bongino, Stephen K. Bannon, Megyn Kelly, Chad Prather and Lance Wallnau, and Lear's homepage features Judge Andrew P. Napolitano, whom Lear calls a paid spokesman (September 29, 2026). Lear's site also has a page announcing an endorsement by Glenn Beck. The CFTC warns in general that fraudulent dealers "target their ads to political or religious programming just to gain your trust" (release 8881-24). That is a general warning, not an allegation against either company. Who is paid by whom is listed under celebrity gold IRA endorsements.
How do Birch Gold and Lear Capital compare with other gold IRA companies?#
Each company has its own head-to-head pages against the other large gold IRA sellers. All pairs, plus the comparisons with ETFs and 401(k)s, are listed under gold IRA comparisons.
- Birch Gold Group vs Noble Gold Investments
- Augusta Precious Metals vs Birch Gold Group
- Goldco vs Birch Gold Group
- Birch Gold Group vs Priority Gold
- American Hartford Gold vs Birch Gold Group
- Noble Gold Investments vs Lear Capital
- Lear Capital vs Priority Gold
- Goldco vs Lear Capital
- Augusta Precious Metals vs Lear Capital
- American Hartford Gold vs Lear Capital
- Lear Capital vs Goldline
Is Birch Gold a legitimate company?#
Yes: Birch Gold Group, LP is an operating Des Moines dealer with a BBB A+ grade, 9 complaints in three years and no regulator action found, as of October 2026. It has done business since January 26, 2011, per the BBB, not since 2003 as some pages claim. The one federal case SafeOunce found is a trademark suit it filed against a competitor. Everything else is in our Birch Gold review 2026.
How does Lear Capital work?#
Lear Capital sells metal by phone and online, opens your IRA at a custodian, and states your spread on a recorded call and the invoice. It then ships IRA metal to the Delaware Depository. Its contract says Lear "is not an investment or financial advisor, or retirement account fiduciary", and its salespeople are paid by commission. The steps and the record are in our Lear Capital review 2026.
Does Lear Capital sell gold bars?#
Yes: Lear sells bullion coins and bars as well as Limited Mintage and numismatic coins, and bars in an IRA must be at least .995 fine gold under 26 U.S.C. 408(m)(3)(B). Numismatic coins are collector coins priced for rarity. Lear's plan says 63.6% of its 2022 revenue came from direct sales outside IRAs. The exact gold IRA purity requirements differ by metal.
Can you move from Lear Capital to Birch Gold later, or the other way?#
Yes: IRA metal can move between custodians in kind through a trustee-to-trustee transfer, and because both companies use Equity Trust, the metal may not even need a new custodian. A transfer is not a rollover: it has no 60-day clock, no once-per-year limit and no tax withholding (IRS Publication 590-A). Equity Trust's precious-metals-only schedule FS-0004-05 Rev. 081726 charges $125 per in-kind transfer out and $250 to close. Steps and costs are in switching gold IRA custodians or companies.
Can you keep Birch Gold or Lear Capital metals at home?#
No: metals in a gold IRA must stay with the trustee, and taking them home counts as a taxable distribution under McNulty v. Commissioner, 157 T.C. No. 10 (2021). Birch's gold IRA page says the gold goes to a depository, "where the gold will be stored securely and insured". Lear ships IRA metal to the Delaware Depository. The ruling is explained under home storage gold IRA.