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 […]
If you’re married, you’ve undoubtedly heard the sage, old advice: “You can be right, or you can be happy.” The premise is simple: when in a disagreement with your spouse, it’s probably best not to argue EVEN IF you have him/her dead to rights. If you have concrete proof that dispels your spouse of all […]
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, […]
In Part 1, we presented our belief that there is soon to be a shifting tide of regulatory attitude from empowering the consumer to now empowering the government. Such empowerment has morphed into the idea that consumers are now unable to protect themselves due to the constant barrage of information, e.g., misleading/deceptive income claims, no […]
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: […]
