How to Tell if a Direct Selling Company is a Pyramid or a Legitimate MLM

by Babener & Associates
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Distributors in a network marketing program that are merely buying product to buy into the “deal” as opposed to having the intention of really making a market for the product, are really working a pyramid scheme, not a legitimate direct selling business. Remember, when you offer the opportunity to your next door neighbor or your best friend, it’s your credibility that’s going to be on the line for years to come.

So, what do you look for with respect to legitimacy versus pyramid schemes? Here are nine pyramid scheme checklist items that you should consider:

1) Product and Price – Does the company offer a high quality product for which there is a strong demand in the real world marketplace? Is the product fairly priced and priced competitively with similar products? Can the product be demonstrated and does it stand out when you show it to friends? Is the product propitiatory to the company and available only through its distributors? Ever notice how you can’t buy Avon products in stores or Shaklee vitamins at pharmacies? Is it backed up with a customer satisfaction guarantee? Is post-sale service or customer assistance available? Do the people who participate in the program buy the product enthusiastically based on its own merits even if they don’t participate in the compensation program?

2) No investment Requirement - Can you participate in the company’s program without having to make any investment other than purchasing a sales kit or demonstration material sold at company cost?

3) Purchase and Inventory Requirements – Can you become a distributor or sales representative without having to fulfill a minimum purchase requirement or inventory requirement? When you are pitched to purchase thousands of dollars in inventory then you should run fast in the opposite direction. Does the company’s compensation plan discourage inventory loading? Garages and backrooms filled with products of no useful purpose to anyone.

4) Sales Commission Sources – Are sales commissions paid only on actual products/services sold through distributors in the network to the end user or ultimate consumer? This means that products don’t end up in basements and closets. They are used because they have a genuine value. Does the compensation plan avoid paying commissions or bonuses for the mere act of sponsoring or recruiting? If it pays headhunting fees, it is illegal.

5) Buyback Policy – Will the company buy back inventory and sales kit materials from distributors who cancel their participation in the program as long as these items are in resalable condition? This policy is required in states which have adopted multi-level distribution statutes.

6) Retail Sales – Is there an emphasis on actual retail sales to end consumers, that is, to people who are not participating in the distribution program? Can the company demonstrate efforts to market products to the ultimate consumer? Do the company’s distributors have ongoing retailing requirements to qualify for commissions?

7) Expect an active and not a passive role for distributors – Are distributors in the company required to actively participate in the development and management of their networks?

8 ) Earnings Misrepresentations – Do the company’s literature and training materials scrupulously avoid claims of income potential? The Federal Trade Commission, attorneys general and postal inspectors all have their eyes on the matter of earnings representations. The acceptable approach emerging is that there should be no earnings representations unless they are based on a verifiable track record of the average earnings of distributors. For instance, a company should have statistics to show the percentage of active distributors and the average earnings of active distributors.

9 ) Good Training – Does the company offer its independent distributors solid training opportunities in sales and recruitment? Are different levels of training offered to match the increasing levels of experience and responsibilities of distributors?

This article can also be found online at: http://mlmattorney.com/blog/2013/02/28/how-to-tell-if-a-direct-selling-company-is-a-pyramid-or-a-legitimate-mlm/

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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