Is MLM legal?

Multi-level marketing (MLM), sometimes also called pyramid selling, is a controversial marketing strategy in which the sales force is compensated not only for sales they personally generate, but also for the sales of the other salespeople that they recruit. This recruitment of other salespeople is commonly known as one's "downline." Advocates of MLM say that it is a legitimate marketing strategy; however, critics contend that it is an illegal pyramid scheme.

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15. Dec 2022
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Is MLM legal?

What is MLM?


Multilevel marketing (MLM) is a marketing strategy in which a company sells products through a network of distributors who earn income from their own retail sales of the product and from sales made by the distributors’ direct and indirect recruits. The term “multilevel” refers to the compensation structure, which is typically hierarchical, with the distributor at the top and the recruits at the bottom.

In an MLM business, the company typically sells a product or service through a network of independent distributors, who may also be recruiting new distributors themselves. The distributors earn income from their own retail sales of the product or service, as well as from commissions on the sales of their recruits. The recruits are typically referred to as “downline” distributors.

The vast majority of MLM participants (most sources estimated to be over 99.25% of all MLM participants) participate at either an insignificant or nil net profit.[12] Indeed, the largest proportion of participants must operate at a net loss (after expenses are deducted) so that the few individuals in the uppermost level of the MLM pyramid can derive their significant earnings—earnings which are then emphasized by the MLM company to all other participants to encourage their continued participation at a continuing financial loss.[13]

In an MLM, the compensation plan incentivizes participants to buy product and recruit new participants. The structure of the MLM depends on the business model of the company. In a pyramid scheme, the structure resembles that of a pyramid, with the CEO at the top, followed by the managers, and so on. In a matrix organization, there are multiple layers of managers, each with their own subordinates. The structure of an MLM may vary, but there are usually several tiers of participants, from the bottom up:

1. Retail customers

2. Recruited distributors

3. Successor-level distributors

4. Managers

5. Senior managers

6. Regional directors

7. National directors

8. The CEO

In theory, an MLM can be a low-risk, high-profit business. However, in practice, MLMs are often structured as pyramid schemes, in which a small number of participants at the top of the pyramid earn large profits, while the vast majority of participants at the bottom of the pyramid lose money.

The FTC has been investigating claims of widespread fraud and abuse in the MLM industry, and has published a number of reports on its website detailing the findings of its investigations. The FTC’s most recent report, published in October 2019, found that, of the more than 25,000 MLM companies in the United States, only a small fraction are legitimate businesses, and even fewer are profitable.


How does MLM work?


Multi-level marketing (MLM) is a strategy that some companies use to sell products. Here’s how it works: The company recruits people to sell its products, and those people recruit others to sell the products, and so on. The people who are recruited are called “distributors.”

The company makes money by selling products to the distributors, who then sell the products to customers. The distributors make money by selling products and by recruiting other distributors.

The company and the distributors both have an incentive to recruit more distributors, because the more distributors there are, the more products are sold, and the more money everyone makes.

However, MLM can be controversial because it can be difficult to tell whether the company is selling a legitimate product or just recruiting people to join the scheme. In addition, because distributors make money by recruiting other distributors, there is an incentive for them to exaggerate the potential earnings from the scheme, which can lead to people joining the scheme with unrealistic expectations.


Is MLM legal in the United States?

Yes, MLM is legal in the United States. The Federal Trade Commission (FTC) regulates MLM companies and sets rules and guidelines that they must follow. The FTC requires MLM companies to disclose certain information to potential recruits, including the company's legal status, income potential, and the risks involved. MLM companies are also prohibited from making false or unsubstantiated claims about their products or services.


Is MLM legal in Canada?


There are many MLM companies in Canada, and they are all legal. The Canadian government has not enacted any specific laws regarding MLM, so these companies are subject to the same general business laws as any other type of company.

The main regulatory body for MLM companies in Canada is the Canadian Radio-television and Telecommunications Commission (CRTC). The CRTC has the authority to regulate all aspects of the Canadian telecommunications industry, including MLM companies.

The CRTC has not issued any specific regulations for MLM companies, but it has issued some general guidelines. These guidelines state that MLM companies must disclose all material information about their business practices, must not make false or misleading statements, and must not use high-pressure sales tactics.

In addition to the CRTC, MLM companies in Canada are also subject to the laws of the province in which they operate. Each province has its own business laws, and MLM companies must comply with these laws.

Overall, MLM companies in Canada are legal and regulated by the same laws as any other type of company. They must disclose all material information about their business practices, must not make false or misleading statements, and must not use high-pressure sales tactics.


Is MLM legal in the UK?


Yes, MLM is legal in the UK. The UK's Direct Selling Association (DSA) is a trade body for direct selling companies and self-employed direct sellers. The DSA Code of Practice is the UK industry's code of ethics and best practice, and all member companies must adhere to it. The code covers areas such as how direct selling companies should recruit and train salespeople, how salespeople should sell products and services, and how customers should be treated. The DSA also provides guidance on other aspects of running an MLM business, such as how to set up a company website and how to deal with customer complaints.


Is MLM legal in Australia?


The answer may be yes or no depending on how you define MLM.

Multi-level marketing (MLM) is a business model in which a company sells products through a network of distributors, who in turn recruit and train new distributors. The structure of an MLM can vary, with some models requiring distributors to buy products from the company to resell, while others allow them to earn commissions on products they sell.

In Australia, there are no specific laws governing MLM, but the Australian Consumer Law (ACL) applies. The ACL prohibits misrepresentation, including making false or misleading claims about products or earnings potential.

The Australian Competition and Consumer Commission (ACCC) has taken action against several MLM companies for making false or misleading claims about their products and earnings potential. In 2016, the ACCC launched court action against four companies involved in an illegal pyramid selling scheme, which resulted in more than $2 million in penalties.

The ACCC has also issued a number of warnings to MLM companies about making false or misleading claims about their products and earnings potential.

In general, MLM is legal in Australia, but there are laws that govern how MLM companies operate and how they can market their products.


What are the benefits of MLM?


Multi-level marketing (MLM) is a business model in which companies sell products through a network of distributors who earn income from their own retail sales of the product and from sales made by the distributors’ direct and indirect recruits. MLM companies sometimes use terms such as "pyramid scheme" or "fishbowl scheme" to describe their business model, which has been illegal in some jurisdictions as a form of pyramid selling.