The legal distinction between MLMs and traditional pyramid schemes has been characterized by many authorities as a legal fiction. Jurisdictions that retain a legal distinction between MLM pyramid businesses versus illegal pyramid schemes retain said distinction on two key distinguishing features: 1) that MLMs always encompass the sale of actual products/services, while traditional illegal pyramid schemes ordinarily do not (though sometimes they do), and 2) that climbing an MLM pyramid is overwhelmingly statistically improbable (especially to its highest participant levels) but not theoretically impossible, whereas climbing a traditional illegal pyramid scheme is both statistically and theoretically impossible.
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Prequalified prospects, sales referrals, or genealogy lists, whatever name is used, MLM leads are the lifeblood of any MLM (multi-level marketing) business, and without a continuous supply, the network marketing distributor will go broke and have to close down their MLM business. The question most networkers ask is “where do I get the best possible MLM leads for little or no money?” Are they generated on the internet, bought from an MLM lead-generation company, worked in the local market or found among friends and family? The answer is easier than it may seem; all of the above.
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This issue, like all issues concerning the evaluation of an MLM’s compensation structure, is fact-specific and usually involves a comprehensive analysis of a variety of factors. It is worthwhile, however, to highlight two topics that the FTC is likely to consider when evaluating an MLM’s payment of compensation that is premised, in part, on participants buying product that is not resold. First, the FTC staff is likely to consider whether features of the MLM’s compensation structure incentivize or encourage participants to purchase product for reasons other than satisfying their own personal demand or actual consumer demand in the marketplace. Second, the FTC staff is likely to consider information bearing on whether particular wholesale purchases by business opportunity participants were made to satisfy personal demand. The persuasiveness of this information in any particular case will depend on its reliability.
Yes. Personal or internal consumption – meaning product participants purchase and consume to satisfy their own genuine product demand – does not determine whether the FTC will consider an MLM’s compensation structure unlawful. As noted in the answer to question 5, when evaluating the issue of participants’ internal consumption, the FTC staff is likely to consider, among other factors, both (i) whether features of the MLM’s compensation structure incentivize or encourage participants to purchase product for reasons other than satisfying genuine demand; and (ii) information bearing on whether purchases were in fact made to satisfy personal demand to consume the product. When evaluating MLMs, the FTC focuses on how the structure as a whole operates in practice and considers factors including marketing representations, participant experiences, the compensation plan, and the incentives that the compensation structure creates.
Multi-level marketing is a diverse and varied industry, employing many different structures and methods of selling. Although there may be significant differences in how multi-level marketers sell their products or services, core consumer protection principles are applicable to every member of the industry. The Commission staff offers this non-binding guidance to assist multi-level marketers in applying those core principles to their business practices.
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Multi-level marketing (MLM), also called pyramid selling, network marketing, and referral marketing, is a marketing strategy for the sale of products or services where the revenue of the MLM company is derived from a non-salaried workforce selling the company's products/services, while the earnings of the participants are derived from a pyramid-shaped or binary compensation commission system.
I disagree with that jeremy i would recommend MLM over working a Corporate 9 t0 5 $300 weekly paycheck job anyday. I quit my job for mlm i mean why not recommend MLM when you can make 10X the more money than you can at any stupid corporate america job..Working for people are for losers and i will defend mlm for the rest of my life bro you need to get your facts straight and look on youtube to see people buying new mercedez benzs and rolls royce working with mlm
Thanks for this post. Very helpful. I do like direct sales; one reason for this is that it helps keep alive that age-old tradition of people interacting face-to-face (rather than mainly through texting and social media). For that reason, I think MLMs should target the lonely Millennials. Anyway, I was a member/distributor of Advocare for over 10 years and still miss the products and the activities in the company, now that I am temporarily out. I still plan to sign up again when I can afford it (long story–I’ll spare you). I am now involved in Melaleuca, and I must say in their defense that Melaleuca’s products are actually not overpriced. Because Preferred Customers are not only not expected, but also NOT ALLOWED to turn around and sell the products at the retail price, everyone pays the same low prices. (Granted, one can indeed go to the website and buy directly from the company if they do not want to become a Preferred Customer. Why would someone do that when the annual membership is only $19? Only if they do not want to commit to the minimum monthly requirement for Preferred Customers.) Public, keep this in mind! Don’t be fooled by the rebels who are selling old Melaleuca products on Amazon for way above the retail price!! You’re much better off buying fresh products directly from the factory, even if you pay retail price. Just sayin. My big question: What about Tupperware? I have been a Tupperware consultant for about 6 months, and I have found it to be extremely difficult to keep business going. The directors training me have said that Tupperware is the second most widely recognized brand name in the world, second only to Coca-Cola. If that is the case, why is it so hard to find people willing to host Tupperware parties? Why does it seem so hard to sell? Also, is it just me…Or, does Tupperware’s compensation plan stink?
I have been looking over your sites and viewing the many videos. It sounds appealing however there are many many . . . many lead generators out there, some that are well established (and very good at what they do) and so my question is why would I pay you to train me for 5 weeks and think I could compete (let alone generate income) in the short period you mention?
We are always making sure that all of our Biz Opp Leads are as current as they can possibly be so that your List always contains the up-to-date information you expect to receive. This means that we have to pay attention to any and all of the changes that occur in the business world, such as new technological developments, in order to provide you with the latest and greatest Lead information.
If 18,000,000 Americans consider MLM their careers, yet only 0.3% actually succeed beyond average corporate America wages, do people realize that means there are barely more than 50,000 Americans “living the MLM dream” and almost 17,950,000 who just help the 50,000? Sad. I was part of team Tupperware decades ago because I wanted to buy Tupperware for my home for less. It took me about 14 months as a stay at home mother (never recruited, never pressured, my distributor didn’t like my attitude) to accomplish that task and then walked away. I live in rural America where so many fall to MLMs attempting to climb out of paycheck to paycheck living (very few good jobs) like the saved into a baptismal pool. “Disciples” is the perfect word. MLMs are just not thriving here. How many Americans can one recruit/sell to for building a business in a rural county with less than 20,000 other Americans of which 75% live below the poverty line? I see MLM victims everywhere.
Thanks Ray for this info about the lead company. Some time ago I purchased Todd’s script book and purchased a large group of leads from another company. After over 400 calls I realized that the company had sold my ‘exclusive’ leads, muliple times. Did I consider it a waste of time and money? No, it was a very good training opportunity for me. Most people have a job and work and can’t take time off to get a ‘telemarketer’ job. But they can get a script book and get a group of inexpensive leads and use it as a form of training on the phone. After a large no. of calls the phone can become a familiar and usable tool.
The 2004 letter should not be misconstrued as suggesting that an MLM can lawfully pay compensation on wholesale purchases that are not based on actual consumer demand by characterizing such purchases as “internal consumption.” The 2004 letter itself does not support such a construction, nor do subsequent judicial decisions. For example, the court in BurnLounge held that, notwithstanding the defendants’ characterization that participants bought packages for “internal consumption,” the compensation paid on such purchases was not tied to consumer demand for the merchandise in the packages; instead, the opportunity to advance in the marketing program was the major driver of package purchases. Similarly, in granting a preliminary injunction against Vemma Nutrition Company, the court rejected the argument that individuals who had joined as business opportunity “Affiliates” only wished to purchase product for their own consumption, finding that this claim was “not based in fact.”
It’s also important to note that while I expect there to be significant growth in the ranks of many MLM companies, there will also be substantial growth in businesses that adopt this model and its many benefits. In fact, it’s one reason I developed the Certified Professional Retirement Coach certification in conjunction with the Retirement Coaches Association.
I want to start off with saying great video above and the information is very thorough. I will be following your advice and guidance to get my new business going. I am very new to the Network Marketing industry but have been introduced to a new Tech Company (called VIV) that has a phenomenal, once in a lifetime opportunity to get into their Founders Circle. I would really like your input on what you think, the link to the video that explains the founders circle is shareviv.com.
The FTC’s case against BurnLounge provides an example. BurnLounge argued that its participants bought product packages consisting of sales websites and music-related merchandise because they wanted to use the merchandise. When BurnLounge’s product packages were untied from the business opportunity, however, monthly sales of these packages plummeted by almost 98 percent. At most, actual demand was responsible for only a small minority of package sales, and BurnLounge was found to have an unfair or deceptive compensation structure.
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MLM, also referred to as direct selling or network marketing, uses a different approach to sell products and services. MLM is different from single-level marketing, where a salesperson earns a commission for selling directly to the consumer. As a MLM operator, you must create you own sales distribution channel. MLM businesses resemble that of a pyramid structure, where you as the top salesperson earns a profit from all sales generated under the sales distribution line that you create. This income is referred to as "residual" income, and is the greatest source of income to your company.
3. Business cards, buttons and brochures. Most companies offer sales aids that help the cold sponsoring process. If you owned a store, you would put out your "open for business" sign at the start of each day. Wear an "open for business" button promoting your product. Something catchy will inevitably create interest. If people are bold enough to quiz you about the button, they're probably outgoing and a great prospect. Pass out literature with your phone and e-mail, and use your business cards. Do this consistently. The law of averages says something has got to happen.
A salesperson can build his commission rate by advancing in rank/steps and by recruiting new distributors. Consider the commission rate of 10 percent if you were on the third step. If you recruit three distributors who meet their goals and earn the commission of 6 percent, then you earn something called differential commission, which is the difference between your commission and the commission of your recruits (an extra 4 percent). This way, your commission is tied to the group’s commission as well, ensuring a group effort when recruiting and selling.
As with all MLMs, the real money to be made isn’t in selling their products but in recruiting more people to join your team (basically, doing the work for you). So the real winners are the person who started the business and the very first people she recruited. This top of the pyramid is also where all of the success stories tend to come from. Among the most vulnerable to these pyramid schemes are people in smaller towns and rural areas. Market saturation prevents growth in a small town, because once everyone you know starts selling it, no one can make any money and you’ve essentially created your own competition.