| What
are “deceptive practices” |
Deceptive
practices can be any representation (or omission)
that can mislead you. In the direct
selling field, deceptive practices often
include inappropriate incentives to purchase
(such as false or exaggerated product or
income claims) or specific violations of
state or federal law. Even otherwise
legitimate companies may be represented by
salespersons who are deceptive in their practices.
|
What
are some examples
of deceptive practices?
|
Promise of a “signing bonus”
in support of sponsoring rather than sales.
Exaggerated income claims such
as “You’ll make $27,000 per month!”
Showing big checks to support
exaggerated income claims.”
Claims such as, “You don’t
have to work to make money.”
Medical claims for nutritional
products (claiming that their supplements can
cure disease for example)
|
Is
a “Pyramid Scheme”
a deceptive practice? |
Yes! A
pyramid is:
…characterized by the payment by participants of
money to the company in return for which they receive
(1) the right to sell a product and (2)
the right to receive in return for recruiting other
participants into the program rewards which are
unrelated to sale of the product to ultimate users.
—In Re Koscot Interplanetary, Inc. 86 F.T.C. 1106,1181 (1975)
|
The
following are
characteristic of pyramiding. |
Claiming, “No Customers are needed.”
Representing, “You’ll get paid just for signing
up your friends as distributors.”
Making the price at which the products are
sold more than their value.
Creating programs that emphasize the money
to be made rather than the products or services
offered.
Disguising a compensation plan participation
fee as a monthly autoship program.
|
How
do I recognize a
Pyramid Scheme?
|
Pyramid
schemes can be disguised as
legitimate direct selling companies,
so be careful. Always
watch out for the unethical or illegal
practices by unscrupulous independent
distributors, such as:
Are distributors
offering to pay you to join their company? If
so, that’s a form of illegal head-hunting.
Be very skeptical of a promise of a “signing
bonus.” They actually support
sponsoring rather than sales.
Are distributors showing
their commission checks, representing
or leading you to believe that you too
could make as much?
Are you being told there’s
no selling involved? In a legitimate
opportunity, selling is always involved.
If you’re in another
program, are you being paid or financially
enticed to bring your existing downline
organization with you? Are you being pressured
to make a large up-front purchase?
|
| Why
do I need to know? |
If
you are involved in any form of direct selling—Party
Plan, Network Marketing, Event Programs (such
as Spas)—you need to recognize and avoid all
forms of deceptive trade practices, as regulators
in recent years have brought actions not only
against the companies guilty of such practices,
but also the distributors representing them,
often seizing their bank accounts in the process
of prosecution. Don’t inadvertently fall
into this nightmare – do your homework and
don’t be drawn into an illegitimate scheme! |