DirectSellingStar

Glossary

Regulation & law

33 terms, explained plainly. Where a term has a legal meaning we say which law; where it has a company-specific meaning we say to check the plan.

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  • 70% rule

    A plan rule that a participant must sell or use 70% of prior purchases before ordering again.

A

  • AdvoCare settlement (2019)

    An FTC settlement in which AdvoCare paid $150 million and left multi-level marketing.

  • Amway decision (1979)

    The FTC ruling that found Amway's plan was not a pyramid scheme, setting out the Amway safeguards.

  • Arbitration clause

    A term in the participant agreement requiring disputes to go to private arbitration, not court.

B

  • BurnLounge case (2014)

    A court decision upholding the FTC's finding that BurnLounge was a pyramid scheme.

  • Business Opportunity Rule

    An FTC rule requiring disclosures when selling certain business opportunities; most MLMs are exempt.

  • Buyback policy

    The company's commitment to repurchase unsold inventory from participants who leave.

C

  • China direct selling licence

    The government licence required to sell directly in China, which prohibits multi-level compensation.

  • Class action

    A lawsuit brought on behalf of a group, such as all participants who lost money.

  • Compliance

    The company function that polices participants' claims, marketing and conduct.

  • Cooling-off period

    A window after signing up during which a new participant can cancel for a full refund.

D

  • DSA code of ethics

    The self-regulatory rules DSA member companies agree to, including buyback and earnings claims standards.

E

  • Earnings claims

    Any statement, explicit or implied, about how much a participant can make.

  • Endless chain

    A legal term in some US states for a recruitment scheme that cannot sustain itself.

  • EU rules on pyramid selling

    The Unfair Commercial Practices Directive bans pyramid promotional schemes across the EU.

F

H

  • Health claims

    Statements that a product treats, cures or prevents a condition, regulated separately from earnings claims.

  • Herbalife FTC settlement (2016)

    A $200 million settlement requiring Herbalife to restructure its US compensation around retail sales.

I

K

  • Koscot test

    The US legal test for a pyramid scheme, from the 1975 Koscot Interplanetary case.

L

  • Lawsuit

    A civil claim against a company, by regulators, participants, customers or shareholders.

  • Lifestyle claims

    Implied earnings claims made through images of travel, cars or free time rather than numbers.

N

  • Non-solicitation clause

    A term barring participants from recruiting their downline into another company, during and after membership.

P

  • Ponzi scheme

    A fraud that pays existing investors with new investors' money, with no real recruiting structure.

  • Pyramid scheme

    A structure in which participants are paid primarily for recruiting others rather than for selling products to customers.

R

  • Regulatory action

    A formal step by an authority against a company: complaint, order, fine, settlement or ban.

T

  • Ten customer rule

    A plan rule requiring sales to a minimum number of retail customers each month to earn on downline volume.

  • Termination

    The company ending a participant's agreement, forfeiting their downline and future commissions.

V

  • Vemma case (2015)

    An FTC action that halted Vemma's operations and led to a 2016 settlement banning pyramid practices.