ETF' s are stocks so they fall under the PDT rule, that's too bad. Shame on the NASD and the US regulators for allowing such kind of rule to exist. I would strongly advise people against trading the eminis, unless they have a decent account size( in which case the PDT rule shouldn't be a problem). The leverage is too big with a 10K account. You end up taking plenty of smalll losses and take profits too soon or take hits too big for your account. Read the trading journals on this site. As for me I have been daytrading ES for a year and lost 2K, my biggest gain was $375 (!)biggest loss $175, plenty of $50 loss and breakevens. Now I trade ETF's only in two accounts, 3-4 days per week (Friday sucks most of the time) Spiders are great, only a fifth of ES point value.