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Multi-Level Marketing Company Threatens Blogger Who Writes Critical Post

from the just-because-you-don't-like-it,-doesn't-mean-it's-illegal dept

Over and over and over again, we hear stories of companies that simply dislike what others are saying about them online, and send over threatening legal letters with no legal basis. These cease-and-desist letters are mostly designed to scare users into giving in, because there's no law against someone criticizing you or saying something bad about you (assuming it's not untrue). The latest, sent in by Davis Freeberg involves the Everyday Finance blog. The blogger there was approached by a company called "Shop to Earn," which offers a multi-level marketing (MLM) system. The blogger wrote a post about it, which Davis Freeberg describes as "well balanced," though the blogger explained the weaknesses of the system and why he chose not to participate.

So what happens? Yes, of course, Shop to Earn got upset and sent Everyday Finance a legal nasty-gram demanding the posts get taken down. As Everyday Finance notes, it's likely this had something to do with the fact that the posts had made it up the Google search results list. The blogger at Everyday Finance tried to adjust the post, taking out things like the phrase "fatal flaw," but Shop to Earn said that wasn't good enough and Everyday Finance needed to take down the entire site. This is, quite clearly, bullying through cease-and-desist. It's about trying to shut up a negative review of their business model because they didn't like what it said.

And, it appears that Shop to Earn isn't just focused on the blogger at Everyday Finance. The company has also sent cease-and-desist letters to other blogs, which were also extremely critical of Shop to Earn's program (though, that link is also quite well-balanced, pointing out the key flaws to Shop to Earn's program). Apparently, Shop to Earn seems to think that any review of its program that is negative is somehow libelous, and will threaten bloggers with legal action. What it may quickly learn is that (a) someone giving you a negative review and pointing out the obvious flaws of your program is not defamation and (b) trying to threaten bloggers into taking down their site will simply call much more attention to all of those negative reviews.

Multi-level marketing

Multi-level marketing (MLM), also known as Network Marketing is a business distribution model that allows a parent multi-level marketing company to market their products directly to consumers by means of relationship referral and direct selling.

Independent, unsalaried salespeople of multi-level marketing referred to as distributors (associates, independent business owners, franchise owners, sales consultants, consultants, independent agents, etc.), represent the parent company and are rewarded a commission relative to the volume of product sold through each of their independent businesses (organizations). Independent distributors develop their organization by either building an active customer base, who buy direct from the parent company and / or by recruiting a downline of independent distributors who also build a customer base, expanding the overall organization. Additionally, distributors can also earn a profit by retailing products which they purchased from the parent company at wholesale price.

Distributors earn a commission based on the sales efforts of their organization, which includes their independent sale efforts as well as the leveraged sales efforts of their downline. This arrangement is similar to franchise arrangements where royalties are paid from the sales of individual franchise operations to the franchisor as well as to an area or region manager. Commissions are paid to multi-level marketing distributors according to the company’s compensation plan. There can be multiple levels of people receiving royalties from one person's sales.

Legitimacy

It is sometimes difficult to distinguish legal and reputable MLMs from illegal pyramid or Ponzi schemes. MLM businesses operate in the United States in all 50 states and in more than 100 other countries, and new businesses may use terms like "affiliate marketing" or "home-based business franchising". However, many pyramid schemes try to present themselves as legitimate MLM businesses.

In the most legitimate MLM companies, commissions are earned only on sales of the company's products or services. No money may be earned from recruiting alone ("sign-up fees"), though money earned from the sales of members recruited is one attraction of MLM arrangements. If participants are paid primarily from money received from new recruits, or if they are required to buy more product than they are likely to sell, then the company may be a pyramid or Ponzi scheme, which is illegal in most countries.

New salespeople may be asked to pay for their own training and marketing materials, or to buy a significant amount of inventory. A commonly adopted test of legality is that MLMs follow the so-called 70% rule which prevents members "inventory loading" in order to qualify for additional bonuses. The 70% rule requires participants to sell 70% of previously purchased inventory before placing new orders with the company. There are however variations in interpretations of this rule. Some attorneys insist that 70% of purchased inventory should be sold to people who are not participants in the business, while many MLM companies allow for self-consumption to be a significant part of the sales of a participant.

The European Unions Unfair Commercial Practices Directive explictly includes self-consumption as legitimate.

In a 2004 Federal Trade Commission (FTC) Staff Advisory letter to the Direct Selling Association it was stated that - "The amount of personal consumption in any multi-level compensation business does not determine whether or not the FTC will consider the plan a pyramid scheme. The critical question for the FTC is whether the revenues that primarily support the commissions paid to all participants are generated from the purchase of goods and services that are not simply incidental to the purchase of the right to participate in a money making venture..

In a 2007 Wall Street Journal interview, FTC economist Peter Vander Nat stated "If people are buying because they want to use a company’s products, those sales can count as retail"

The FTC offers advice for potential MLM members to help them identify those which are likely to be pyramid schemes.

Compensation plans

Companies have devised a variety of MLM compensation plans over the decades.

• Stairstep Breakaway plans This type of plan is characterized as having representatives who are responsible for both personal and group sales volumes. Volume is created by recruiting and by retailing product. Various discounts or rebates may be paid to group leaders and a group leader can be any representative with one or more downline recruits. Once predefined personal and/or group volumes are achieved, a representative moves up a step. This continues until the representative..."breaks away" from their upline. From that point on, the new group is no longer considered part of his...upline's group - hence they are a "breakaway". Stairstep Breakaway plans are not level based.
• Unilevel plans This type of plan is often considered the simplest of compensation plans. Uni-Level plans pay commissions primarily based on the number of levels a recipient is from the original representative who is purchasing the product. Commissions are not based on title or rank achieved. By qualifying with a minimum sales requirement, representatives earn unlimited commissions on a limited number of levels of downline recruited representatives.
• Matrix plans This type of plan is similar to a Uni-Level plan, except there is a also limited number of representatives who can be placed on the first level. Recruits beyond the maximum number of first level positions allowed are automatically placed in other downline (lower level) positions. Matrix plans often have a maximum width and depth. When all positions in a representative's downline matrix are filled (maximum width and depth is reached for all participants in a matrix), a new matrix may be started. Like Uni-Level plans, representatives in a matrix earn unlimited commissions on limited levels of volume with minimal sales quotas.
• Binary plans: A binary plan is a multilevel marketing compensation plan which allows distributors to have only two front-line distributors. If a distributor sponsors more than two distributors, the excess are placed at levels below the sponsoring distributor's front-line. This "spillover" is one of the most attractive features to new distributors since they need only sponsor two distributors to participate in the compensation plan. The primary limitation is that distributors must "balance" their two downline legs to receive commissions. Balancing legs typically requires that the number of sales from one downline leg constitute no more than a specified percentage of the distributor's total sales.
• Hybrid plans offer a combination of compensation plans, usually Binary and Unilevel.

Criticism of MLM

The Federal Trade Commission (FTC) issued a decision, In re. Amway Corp. in 1979, which indicated that multi-level marketing was not illegal per se. However, Amway was found guilty of price fixing (by requiring "independent" distributors to sell at the low price) and making exaggerated income claims.

The FTC advises that multi-level marketing organizations with greater incentives for recruitment than product sales are to be viewed skeptically. The FTC also warns that the practice of getting commissions from recruiting new members is outlawed in most states as "pyramiding". In April 2006, it proposed a Business Opportunity Rule intended to require all sellers of business opportunities—including MLMs—to provide enough information to enable prospective buyers to make an informed decision about their probability of earning money.

In March of 2008, the FTC removed Network Marketing (MLM) companies from the proposed Business Opportunity Rule.

"The revised proposal, however, would not reach multi-level marketing companies or certain companies that may have been swept inadvertently into scope of the April 2006 proposal."

Criticisms have been raised against various MLM programs for being cult-like in nature. Some MLM programs feature intense motivational programs, which can be hard to distinguish from cult propaganda. So-called corporate cults are businesses whose techniques to gain associate commitment and loyalty are in some ways similar to those used by traditional cults. Amway associates are sometimes cited as an example of such devotion.

Running a Multi-Level Marketing - MLM - Business Online

Can you run a successful online multi-level marketing ( MLM ) business online? There are many things to consider, but the answer is definitely yes. Women have been choosing multi-level marketing businesses for years. It has a minimal risk and is a great way to enter the world of business.

Here are a few advantages of choosing an MLM product:

• You have an established product; you don't have to pay for developing or manufacturing the product
• The product has (preferably) and established reputation with the public
  Start-up costs are minimal: generally, you will have to purchase a "start-up kit" which shouldn't cost more than a couple hundred dollars, but you can certainly find start up kits which are less expensive.
• Promotional materials (brochures, fliers, etc.) have already been printed. You will likely have to purchase your promotional materials, but they will be at a much lower cost than if you were to have your own promotional materials professionally printed. An MLM company prints in large volumes and therefore, will have a lower printing cost.
• You can earn income from those who sign up through you to sell the MLM product.
• You have training and support from others selling the products and business ideas. They are people who have achieved success and will help you get there too.

Advantages of running an MLM online over "in person":

• You don't have to hound family and friends about your product or business opportunity
• You can be at home with your family more
• You can reach a larger interested audience

Don't be fooled. Although, there are advantages to running an MLM online, do consider:

• You will work at least as hard running your business online as you would offline.
• You will be competing with other consultants selling the same products as you. However, there is this same competition if you run your business offline. The Internet offers the advantage of a larger target market. Whether you run an MLM on or offline, you are wise to choose a marketing plan that does not have an over saturation of consultants.
• Consider the following when choosing an MLM business to run online:
  Ensure a product is being offered; if there is no product but you pay money to enter the MLM plan - this is not an MLM. It is a pyramid scheme and is illegal!
• Beware of the "get rich quick" ads. Nothing worthwhile comes that easily.
  Check out the company's record with the Better Business Bureau. Do they have any complaints?
• Choose a business that would still be considered a "ground floor opportunity". A "ground floor opportunity" is considered to exist if the number of active consultants in any given area is fewer than one half of one percent of the total population.
• That said, make sure the company has been in business for a few years and has established a reputation.
• Choose a MLM company that offers e-commerce as part of it's program. It will save you a lot of work. However, if the company does provide a web site; you may want to add a front page to the company site. Your front page will be unique and separates you from the other sites.
• Choose a product you would use yourself. Don't choose a product just for the commission rate; in order to sell your product or business plan, you need to be passionate about it. However, be careful - do not be your own best customer!

Don’t believe claims that you can make money with little or no effort. It takes hard work to run your own business, and no one can guarantee how much profit you’ll make. Be cautious about emails offering business opportunities. Many unsolicited emails are fraudulent. Get information in writing before you decide. The Federal Trade Commission’s (FTC) Franchise Rule requires franchise and business opportunity sellers to give you detailed written information, called the “disclosure document,” at least 10 days before you pay any money or agree to purchase. There are some exceptions. If the company claims to be exempt from the Rule, call the FTC toll-free at 877-382-4357 to check. Talk to current owners. The written information that sellers must provide includes the names, addresses, and phone numbers of people who have already purchased the franchise or business opportunity. Ask them if their experiences matched what the company promised. Investigate earnings claims. If the company makes any claims about how much you are likely to make, it must give you written information about the number and percentages of owners who have actually made those profits. Do some research. Check at your local library or bookstores for publications about how to run a business. For free brochures about franchises and business opportunities from the FTC, call the toll-free number above or go to www.ftc.gov. Don’t be pressured. Demands that you act immediately are danger signs of fraud. Get everything in writing. The contract you are asked to sign should include all the terms of the deal and the promises that were made. Get professional advice. Going into business yourself is a major undertaking, even if the company offers to help. Review the contract with an attorney, and ask an accountant to look over the finances. Paying for professional advice now could save you from big losses later.

piramid

• Plans that promise profits mainly for recruiting new members are illegal pyramid schemes. In legitimate multilevel marketing plans, profits come primarily from selling goods and services to consumers.

• Be cautious about emails for money-making opportunities. Many unsolicited emails are fraudulent.

• Be aware that some pyramids are disguised as “gifting clubs.” New recruits give money to current members with the promise that they will receive money from future recruits.

• Know that all pyramids are doomed to collapse. That’s because it’s impossible to keep on getting fresh recruits who will pay to participate.

• Legitimate multilevel marketing plans only succeed if they offer products or services that customers want. All successful businesses depend on repeat sales. If there isn’t constant demand for the products or services, the business will fail.

• Sales to other distributors don’t count. Legitimate multilevel marketing plans aren’t based on sales to distributors. Profits should come from sales that you and any distributors under you make to the end-users.

• Be wary of big earnings claims. No one can guarantee how much you’ll make. That depends on how hard you work and whether consumers like your products or services. Many people who work in multilevel marketing do it part-time to supplement their other income.

• Check it out before you commit. Print out all the information, and contact your state or local consumer protection agency for advice. In some states, multilevel marketing companies must register with the government and comply with other requirements.

• Don’t buy more supplies than you need. Some fraudulent companies try to force distributors to pay for more products than they can reasonably sell.

Multi-Level Marketing (MLM)

You see the ads all the time: "Make millions now, no manager" or "Work on your own, start $12,000 per week." Maybe you saw the ad in the paper, or maybe you received it by e-mail.

Yes, we're talking about Multi-Level Marketing, also known as "MLM"

MLM: Once Legitimate, Now a Scam

Once upon a time, multi-level marketing was a legitimate business which provided a way for small companies to get their unique products to consumers in small towns and rural areas which had no access to these products. At this time, the products sold themselves, and the multi-level aspect was a way of giving a small reward to those who had worked hard to build the organization. But the focus was always on the product.

Today, and especially with the growth of the internet, it is possible for consumer to get about whatever they want at competitive prices. There is simply no real need for distribution "systems" as there once was, and indeed the focus of all the programs is not on the products they sell -- which are usually either bogus or are available somewhere else to the public at the same or lesser prices. Instead, the focus now is solely on recruiting new people to either buy into the program or else to buy products that are grossly overpriced (i.e., a $1 bottle of "herbal shampoo" for $26), with the idea that those people will recruit additional people who will also buy into the program or themselves buy the grossly overpriced products.

Thus, today just about ALL of the multi-level marketing programs are scams. In today's internet economy, there is simply no need for multi-level marketing or the overpriced products that they sell -- meaning that the only thing they are selling are memberships in anticipation that future memberships will be sold in the future, which is the classic definition of a pyramid scheme, and thus securities fraud.

Because products are available over the internet to everybody at lower costs than ever before, claims that "Multi-Level Marketing will take over the World!" are completely bogus. Indeed, the fact that no MLM schemes sell significant product to anybody other than the people who bought into the programs is proof positive that MLM is a dinosaur in today's economy, and exists only by defrauding people to buy memberships in anticipation of being able to make a profit defrauding other people into the program.

Indeed, as is discussed elsewhere, many of these programs have been broken up for securities fraud and the people in them now have criminal records. So, save your Quatloos and avoid MLM schemes.

Stars! Stars!

Like many advertising campaigns, many MLM programs now attempt to associate themselves with celebrities. "Zig Ziglar goes MLM!" read one spam e-mail we received.

Note that the celebrities didn't make their money in MLM. Nor will you.

Buying Into the Program

So you are being "hired" to sell products, and you have to buy into the program? This is a sure sign that it is a scam. If the product is worth a darn, the company will make its money selling the product. No program that requires you to buy into the program is real, meaning that all our scams.

If you have to buy into the program, forget it! It is not a real program.

Sales Material

Often MLM scams have sub-scams within the main scam of buying Distributorships. One of these scams is the purchasing of advertising materials. Think about it: A company wants you to sell their product but they want you to pay for the advertising materials? Especially with the huge profit margins that the Top Guy makes with these programs, they should at least pay for your brochures and tapes. If a company requires you to pay for advertising or marketing materials, it is a sure sign that it is a scam. The very worst programs will even require you to buy the "samples" of the product that you have paid to be able to sell!

Training Seminars

A scam-within-the-scam is the "training seminars" offered (sometimes required) by the MLM programs. These "training seminars" offer little training, but are mostly rah-rah seminars to boost enthusiasm -- and to make big bucks for the promoters. We have often seen people encouraged to take out thousands of dollars in credit card debt to go to these seminars, with the promise that they will make so much selling the MLM program that they will quickly pay back the credit card debt (this is almost never true).

These training seminars can cost thousands although the company ought to be paying you to attend and learn how to sell its product. No company which requires you to pay for your own training seminar is a real program.

Only The Top People Make Money

The hard truth is that only the guy who sets up the program, i.e., the Big Cheese at the very top, makes any really good money with these programs. Everybody who is selling for the Promoter typically gets screwed.

Nonetheless, the promoters of these programs will often have pictures of themselves standing next to their mansion, yacht, executive jet, whatever, to show their success. Yes, these are real and they did make money by selling programs. Unfortunately, they made this money by cheating and defrauding the people under them to sell these programs for them -- you never see a distributor with anything other than a bunch of credit card debt.

The Drop Out Rate

The "Drop Out Rate" of MLM programs is enormous -- 98% will drop out immediately, meaning that only 2% will continue with the program over any long period of time. The Promoters will tell this 2% that they are the "successful" ones -- what this means is that they have become "successful" scamming other people (who will probably spend their money and then drop out, possibly a big personal loss to them but a profit to the Promoters).

The Promoters know the Drop Out Rate, and know that by far most people will buy in, but then never sell anything and quit, which is one of the reasons why MLM programs are criminal schemes.

The Promoters also tell those who stay in that they are the "well-motivated and lucky ones". This is 100% false. The people who never sold anything and dropped out are the lucky ones, since they will not be liable for securities fraud or any of the related criminal penalties that goes with promoting somebody else into the program. It is the people who stay in the program who are risking some prison time and a felony conviction for selling an unregistered security.

One of the biggest problems of MLM is that they are marketed to people who are down-and-out and desperate, and who can ill-afford to lose their money by purchasing memberships in these bogus programs.

You Gotta Believe!

Promoters tell prospective Distributors that to be successful "You gotta believe!" in the program. This is part of a brainwashing/programming effort to lead you to believe that you will fall into that (falsely) "successful" 2% if you believe in the program and the products that it sells. Thus, active Distributors will defend to great lengths their program and their products, to the point of slandering naysayers, spamming "negative" or competing sites with e-mail to shut them down, threats of physical harassment, etc., etc., not to mention often buying the products themselves in substantial quantity.

But the proof is in the pudding. It is an interesting phenomena of MLM that the hardcore and brainwashed Distributors who defend the products the hardest, almost always quit using those "great products" completely when they move on to the next program!

The point of this is that the 2% of "successful" Distributors have usually been brainwashed and programmed so that they really believe the junk they are saying about the junk they are selling. But that doesn't make it any less junk.

Building that Downline

The promise of MLM is that if you are "successful" (in defrauding others) that you will create this big "downline", i.e., multiple layers of sellers under you, which will quickly lead you to riches and allow you to retire forever with a never-ending stream of seven- or eight-figure revenue.

This promise is totally fraudulent, for at least the following reasons:

1. As discussed above, the 98% drop-out rate means that you probably will never build a significant downline.

2. None of these programs last very long (Amway seems to be the sole exception), meaning that as soon as the program croaks your revenue stops.

3. The odds of anybody in your downline making any money are incredibly small (smaller than yours!), meaning that they will probably "drop out" and be mad at you for getting them into a program where they lost your money -- the upshot being that these people will certainly not follow you to your next program (which will be necessary when your existing program finally collapses), meaning that you will have to build a completely new downline with every new program!

For all these reasons, your chances of long-term residual income with MLM is zero. Even if you are successful, the best you can hope for is a lot of hard work defrauding others to build your downline, some short-term profits until your program collapses or is shut down, and then a lot more hard work defrauding even more people into your next program, and so forth and so on until you get sick of it and drop out of MLM completely.

Buying Your Own Products

To the extent MLM programs sell any product, it is usually purchased by people who -- frustrated by their ability to build a downline and pressured by their recruiters -- will themselves buy mass quantities of the product as an attempted badge of "success". Thus, newbies on the lowest levels will max out their credit cards and buy lots of worthless product themselves in a vain attempt to move on to the next level. Usually, this works only if there is a "buy in" to the next level (more Quatloos for the promoters!) but never means success to the poor sucker buying the products, although he or she will end up with a closet full of vitamins, shampoo, phone cards or whatever -- and usually a lot of credit card debt too.

Fake It 'Til You Make It

Buying your own products is just one aspect of the MLM method of "Fake It 'Til You Make It", meaning that even if you are having zero success, you should act like you are very successful and have already made the Big Time. Many programs will tell people to start living a high lifestyle (on their own credit cards, of course), go lease a new BMW, etc., etc., so that people will believe that you are successful and they will then want to be in the program too.

The problem of course is that only a small percentage are successful in MLM, and these only for the short time until their program collapses. Their debts and BMW leases, however, are long term and require monthly payments to maintain. We have spoken with a few people who were encouraged by Promoters to lease expensive cars, and then were forced to actually live in those cars because they couldn't make the rent (and of course the cars were eventually repo'd from them too, leaving them homeless).

Additionally, the "Fake It 'Til You Make It" is just more fraud on the people you are trying to bring in. Acting like you are making the Big Bucks when you are not is blatanly dishonest -- but all part of the MLM scheme of cheating people.

Heavy-Hitters

A variation of "Fake It 'Til You Make It" is the "Heavy-Hitter" who bounces on the scene and seems very rich, and then acts as a "closer" of new recruits. Whether or not the "Heavy-Hitter" will actually have any money is subject to serious doubt: He may be one of the people living out of his leased BMW! More likely, he has been hired on a pure salary basis by the Promoters to act as a cheerleader and "closer" for prospective Distributors.

The "Heavy-Hitters" usually circulate from program to program, and are often the "Heavy-Hitter" in several MLM programs at the same time. A good way to identify these scam artists is to inquire as to what other programs they are in now, and have been in the future. If they have been in several other programs, you know that you are facing a "Heavy-Hitter", which when you get down to it is just a professional MLM scam artist (and, again, probably on a flat salary no matter what BS they tell you).

At seminars, you will frequently hear the Heavy-Hitter buildup: "Maybe Mr. Such-And-Such" will be here today!" The excitement is such that when Mr. Such-And-Such finally appears, you'd think Moses just came down from the mountain. It is all hype: The Promoters know exactly who will be at these seminars, and they plant people in the audience to make statement such as these, so that Mr. Such-And-Such finally does make his appearance, people attribute to him the credibility of the Messiah. Don't fall for this ruse.

For reference, the "Heavy-Hitter" is not unique to MLM. Casinos have for many years employed "Shills", being people who are hired by the casinos on salary and given a bunch of chips, and sent into the casino to mingle with the other gamblers and spin a few stories of the casino's big payoffs (which may or may not have occurred) -- and of course to gamble the (casino's own) chips and thus encourage others to gamble with the same enthusiasm and similar better levels.

The "Heavy-Hitters" perform the same function with MLM, often coming in to tell false stories about themselves hitting it big with the program. You can admire their gold pinkie rings, and their expensive leather shoes. But avoid these people, and just chuckle at the stories they sell. And be sure to ask them about the lease program on that BMW they are driving!

Fending Off Criticisms

You may see your program mentioned in an unfavorable light, such as on 60 Minutes or 20/20 or some other investigative news program. The Promoters will tell you something like "Their job is to bring down good companies . . .." Bull! Their job is to point out scams, and if your program has been featured on one of these program you can pretty much be sure it is one (if it is an MLM program it is a scam whether it is featured on these programs or not).

Survival Mode

After you have made big investments into the MLM program (or maybe several), are strung out on your credit cards, and the program isn't working out, then you will go into what is called "Survival Mode", where you finally give up the (false) dream of big riches with MLM and start trying to figure out how to hold off your credit card companies while getting back to a normal lifestyle.

Unfortunately, we don't have any special advice to offer. The only thing that we can say is that suicide shouldn't be an option (ex-MLM'ers unfortunately have a very high suicide rate), and that you should simultaneously seek credit counseling, and maybe adult education for re-education for a better job.

Refunds

The worst programs will promise you some sort of refund if it all doesn't work out. These are the worst programs because the refund programs are usually contingent on this-or-that, require long forms and long waits, often the refund is only 30% or so of what you spent, and usually the refunds are illusory (meaning that they company will never pay out the refund to you). The MLM programs which offer refunds do this to create the illusion that there is "no risk" to you -- and this is a 100% fraud because as discussed, you odds of actually getting your money back is infinitesimally small.

At least the companies which don't offer refunds tell you this up front so that you are not suckered into believing this nonsense.