The Texas Court of Appeals held that the sale of a product does not allow a program to escape Texas' endless chain statute. The Philco Money Express was a pyramid marketing program that sold participants a quarterly financial magazine and the right to solicit new members. The magazine was held to be an attempt to subvert the endless chain statute, and not a legitimate product that people would pay $1000 to subscribe to. Also the court held that even if, strictly speaking, financial commitment wasn't required to become a distributor, the fact that nearly all who participated did commit money to the enterprise further demonstrated the sham nature of the program requirements.
Case and case summary are also available online at: http://www.mlmlegal.com/legal-cases/Philpot_v_Texas.php
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