The Gospel That Isn’t, An Attorney’s Initial Thoughts

“The greatest dangers to liberty lurk in the insidious encroachment by men of zeal, well-meaning but without understanding.” – Justice Louis Brandeis, dissenting in Olmstead v. United States (1928) When I say the gospel that isn’t, I am referring to the idea that continues to become ever more commonplace in the national discussion. The idea […]

Don’t Turn Mailboxes into Baseballs. Keeping it Between the Lines when providing financial education

This article was prepared by Thompson Burton Summer Associate, Brooks Brasfield.  He was asked to help clarify the line between financial advice (bad) versus financial education (good). ————- “Don’t turn mailboxes into baseballs… most thoughts deserve two or three more…everything will be fine…long as you stay off the hard stuff and keep between the lines.” […]

You Can’t Regulate Human Nature

The human mind is miraculous. The capacity for what we can achieve is without limits. Despite our great gifts, there’s one thing that will likely never change: our primal nature to seek immediate pleasure over pain. This results in us being stuck on the Hedonic treadmill, mostly contrary to our own best interests. Stated another […]

The Way Out Is In

The nature of this industry is complex. When I entered this field, I knew very little about the people who operated within it, the laws and regulations that encompassed it, or frankly what exactly it meant to fall under the descriptive phrase of “direct sales,” network marketing,” “multi-level marketing,” etc. Those on the outside may […]

So You Received a Notice of Penalty Offenses, Now What?

Roughly 1,100 entities received a Notice of Penalty Offenses from the Federal Trade Commission on October 26, 2021. It’s important to know that being a recipient does not mean you have previously or are currently violating the law. Candidly, it’s not all bad being on the list. The companies that did not make the cut […]

FTC Sharpening Its Regulatory Knives And Preparing For Battle, Puts For-Profit Universities On Notice

The nature of the network marketing industry has evolved over the last several decades with new and innovative business models, yet the regulatory landscape has remained quite stagnant and vague. We are all aware of the landmark cases of Koscot and BurnLonge, FTC v. BurnLounge Case Summary, along with company specific settlements such as Vemma, […]