We have discussed in many of our previous articles the ever-changing regulatory strategy of federal agencies and the virtual impossibility of reading regulator’s minds, especially the Federal Trade Commission (“FTC”), but we have never truly dove into the minutiae of what may be causing this constant shifting of the goal posts. Is it really a […]
In a unanimous Supreme Court decision, the Supreme Court has held, “Section 13(b) does not authorize the Commission to seek, or a court to award, equitable monetary relief such as restitution or disgorgement.” Translated into English: The FTC has been abusing its power for decades. It’s a devastating blow to the FTC’s credibility. To recap: […]
The industry lost one of its greatest advocates. I am sad to report that one of the best among us, Jeffrey Babener, passed away on March 17, 2020. He was a legend. He will be missed. Jeffrey Babener was one of the originals when it came to MLM law. Jeff was a fierce competitor, which […]
This post is Part 1 of a two-part series on Nerium’s push-back against the FTC’s pervasive (and shifting) authority over how it defines pyramid schemes. In an unprecedented move the likes of which has never before been seen in the history of the network marketing industry, the FTC and Nerium filed competing lawsuits against one […]
Beyond just ringing in a new year, January 1, 2016, also signified the enactment of the Direct Selling Association’s (“DSA”) latest Code of Ethics. Before breaking down the differences that exist between the new and previous versions, my commentary on the subject remains the same: the DSA has a long way to go before providing a Code […]
In the Fifth Circuit of the United States Court of Appeals, bringing a class action lawsuit against an alleged pyramid schemes just got a heck of a lot harder. According to one of the three Circuit Judges presiding over the case, the court’s decision gives illegal pyramid schemes a “Teflon coating” and protects them “not […]
