Babener & Associates

121 SW Morrison Street Suite 1020
Portland, Oregon 97204, United States

Contact: Charity Prater

  • 503-226-6600

What is the Purpose of the “Cancelation” Language on Retail Customer Purchase Forms?

The language on the front and back of a retail customer product form is FTC mandated statutory language for person-to-person sales away from a fixed place of business, of goods or services for household use, of more than $25. It…more
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The Origin and Operation of the Famous 70% Rule Explained

The 70% rule derives from the 1979 FTC Amway decision in which an administrative law judge recognized that Amway’s 70% rule helped prevent inventory loading (it is not a retailing rule). Basically, the Amway rule provided: at…more
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What It Means When Network Marketers Say “Opportunity”

The word “opportunity” is a generic term for the chance to advance, better one’s economic state, health, social position, etc. However, in the context of direct selling, “opportunity,” in addition to the chance to make money, is…more
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What Is the Difference between “Sponsoring” and “Recruiting”?

Although the terms sponsoring and recruiting are often used interchangeably, they actually have two different meanings. Recruiting is the act of searching and soliciting new distributors for the downline sales organization of an…more
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Tennessee Recognizes Personal Use in New Legislation

On July 1st, 2014, Tennessee became the latest government/regulatory entity to adopt updated MLM/Pyramid legislation recognizing “personal use” in pyramiding analysis. The Tennessee language is similar to language adopted in…more
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BurnLounge Appeal Decision Will Impact MLM Industry and Financial Markets

MLMLegal.com Releases Comprehensive Analysis on Landmark Case on Pyramid Guidance and the Role of "Personal Use" in Pyramid Analysis Click for the full article analysis and actual BurnLounge case at BurnLounge Appeal…more
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What do Startup Companies Think about Long Term Professional Relationships?

MLMLegal.com and Babener & Associates have been with many network marketing companies from the very beginning, from startup to stable. We were involved in early stages of a number of leading MLM companies, including some traded…more
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What are the most important things to remember when you host an employee recognition event?

First, we must note that this is a bit out of our area of legal expertise. However, we have attended many recognition events and been involved in meeting planning, from hotel logistics, to program, to meeting planners. And, we…more
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Do incentives increase sales? How worthwhile are consultant incentives?

Incentives absolutely increase sales. However, sales incentives go by many names, shapes and sizes. Obviously, the understood and expected incentives are bonuses and commissions. Since companies are trying to incentivize…more
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How Important Are Celebrity Endorsements? Do They Help Marketing or Is It a Double-Edged Sword?

In the conventional advertising world, celebrity endorsement is very effective. Among the factors for effectiveness includes the fame of the celebrity, the connection with the product or service, whether or not the celebrity is…more
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What Should I Look for in a Company When Choosing Back Office Software?

Virtually all new startup direct selling companies utilized an outsourced technology solution for managing genealogies and commission payouts. In addition, such technology serves distributors by providing back office access for…more
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How Often Should Companies Renew Their Policies and Procedures to Make Them Relevant in Today’s Marketplace?

There are two issues that have surfaced in recent years: 1) social networking and 2) frequent migration of distributors between companies. With social networking concerns, companies have had to decide on positive protocol for…more
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What Regulatory Changes are Affecting Network Marketing Companies?

The MLM industry has, during the last 20 years, developed positive working relationships with regulatory agencies such as attorneys general and the FTC (Federal Trade Commission). There was a time, however, back in the 1970s,…more
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Challenges and Opportunities Facing Network Marketing Companies

We have a long-term perspective as a law office that has had three decades of experience in the MLM industry. In the last three years or so, developing trends have posed both opportunities and challenges for network marketing…more
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Are Network Marketing Companies Mostly Moving to All-Digital/All-Online Starter Kits? Can Online Starter Kits Be Made in a Way That Ensures a High Perceived Value?

There has been a clear trend in recent years to offer sales and marketing support online and in the cloud. In reality, the developmental costs are equal or more in providing such support. The quality of support is quite…more
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Areas of Practice
  • Antitrust & Trade Regulation
  • Business Organizations
  • Commercial Law & Contracts
  • Intellectual Property
  • International Law & Trade
  • Taxation
Number of Attorneys

2-10 Attorneys

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