At the very least, a direct sales company should not enter the marketplace without legal review of its marketing program. Hiccups caused by having to respond to regulatory agencies, consultant complaints, vendor conflicts, etc. can be bad for any MLM business and its reputation.

An experienced and seasoned direct sales attorney can be the single most valuable resource that a MLM company can ever utilize. Look for a professional who has represented leading direct selling companies as well as startup companies.

As industry experts, they commonly know more about multilevel marketing and direct selling than most of their clients. In fact, more than half of our conversations with clients involve discussions about the MLM industry, rather than the mere legal aspects of running a direct sales company. And over time, such an experienced “consigliere” (see the movie The Godfather) may become the most trusted business advisor to a company and a vital member of the business team.

Apart from tremendous insight into the business, an experienced network marketing attorney can answer in five minutes what would take a business attorney five hours to research. And, the business attorney would likely still not completely understand the issue, let alone the solution.

The direct sales industry has – for better or for worse – provoked vast amounts of legislation and regulatory control that network marketing attorneys must navigate.

A brief list of regulations, legislation and legalities that experienced MLM attorneys, such as Jeff Babener of Babener & Associates, must commonly appraise include:

– Pyramid statutes

– MLM statutes

– Business Opportunity Rule

– Securities

– FTC regulations

– Postal regulations

– FDA rules and regulations

– Distributor relationships

– Vendor relationships

– Distributor discipline

– Trademark

– IRS and tax regulations

– International expansion

– Sales tax

– Marketing

– State law and registration

– And, legal review of sales kit contents, which include:

1) Consultant agreements

2) Policies and procedures

3) Product brochures

4) Compensation plan

5) Marketing plan presentations

6) Forms, from receipts to multiple owner applications, etc.

At the very least, a direct sales company should not enter the marketplace without legal review of its marketing program. Hiccups caused by having to respond to regulatory agencies, consultant complaints, vendor conflicts, etc. can be bad for any MLM business and its reputation.

Click here to watch the full video!

For more information, watch the video The Legal Issues of Starting and Running a MLM Company.

For more information about the importance of hiring a network marketing, visit Attorney Jeff Babener’s websites: www.mlmlegal.com and www.mlmattorney.com.

In addition, our next Starting and Running the Successful MLM Company Conference takes place October 22 and 23, 2015 in Las Vegas. View our conference flyer and speaker list online. Participate in our Innovation Campaign for your chance to receive TWO FREE TICKETS to attend our next conference.

Visit us at www.mlmlegal.com to learn more.

The March 2013 issue of Direct Selling News reported early globally figures leading up to the World Federation of Direct Selling Associations’ (WFDSA) General Annual Statistical Survey (being released in June). The WFDSA’s represents more than 60 Direct Selling Associations around the world.

The Direct Selling Association took a look at global numbers in the billions from 2011 and compiled a cover story-worthy list of detailed direct selling data. Readers should reference the Direct Selling News website for a detailed explanation of how these data were collected. Direct Selling News states that the importance of the WFDSA’s statistical information will help direct selling companies determine their plans for international expansion, help get the word out about direct selling (MLM, network marketing and party plan) companies, and will help to have an economic impact in the countries that they influence, especially in countries where they demonstrate the greatest financial impact.

Here we’ve summarized a list of eight relevant (and interesting) direct selling statics about the United States and from around the globe, paraphrased from Direct Selling News:

1)      In 2011, the direct sales industry equated to $153.7 billion dollars in worldwide sales.

2)      Direct selling is best represented by 22 major countries, which reflect 90 percent of direct selling retail sales.

3)      The top five countries benefiting the most from direct selling revenues are (in order of highest achievement) the United States, Japan, China, Korea, and Brazil. These countries alone make up over 60 percent of annual direct sales, globally.

4)      The United States is the number one market for direct selling, equating to $29.9 billion and, and has held 20 percent market share for two years running.

5)      Roughly, “15.6 million direct sellers grew U.S. market sales 4.6 percent and generated $29.9 billion.”

6)      78 percent of direct sellers are women.

7)      96 percent of all compensation plans are multilevel.

8)      Products are of great importance in direct selling. The leading product lines include, “…wellness (24 percent), household goods and durable (20 percent), cosmetics and personal care (18 percent), and clothing and accessories (12 percent).” The remaining 26 percent range anywhere from fuel additives to water filtration systems.

The Direct Selling News article titled “Direct Selling’s Billion Dollar Markets” can be found at http://directsellingnews.com/index.php/view/direct_sellings_billion_dollar_markets6#.UXnru8rLvdQ

For more information, visit our websites at www.mlmlegal.com and www.mlmattorney.com. Or, visit our blogs at http://mlmlegal.com/MLMBlog/ and http://mlmattorney.com/blog/.

Find us on our social networks:

Google+

LinkedIn

Twitter

Myspace

Facebook

And, as always, visit MLMLegal.com, the best MLM resource on the web. The next Starting and Running the Successful MLM Company Conference will be here before you know it! On May 16^th and 17^th, 2013 we are hosting the MLM Conference for the 25^th year! This is now our 64^th annual conference (held almost consistently three times per year over the last 24 years). All executives/owners of MLM, direct selling, network marking, and party plan companies are welcome to attend. This is the original MLM Startup Conference, hosted and perfected by direct selling industry expert, MLM Attorney Jeff Babener. Call 503-226-6600 or 800-231-2162 to register. (Can’t make this event? Keep an eye out for our October and February conferences as well.)

Visit us at www.mlmlegal.com to learn more.

There is clearly a middle ground between myth number one, which claims that there are no legitimate MLM companies, and myth number two, that claims that any pyramid scheme is free to do whatever it wants. The fact is that today the MLM industry is thriving. There are 16 million* people in the United States alone who are involved in network marketing. One in ten households has someone who is involved in a MLM opportunity.

We are a law firm that represents companies throughout the world. The companies that we represent are freely doing business throughout the United States – in every state – and around the world, while also respecting the particular rules in every place around the globe. For instance, China is currently and gradually allowing the phase-in of the direct selling business model. This will be magnificent to the direct selling industry and it will be a magnificent opportunity for millions of people around the planet.

Globally, today there are roughly 50 million people involved in direct selling part time. Some people work full time in network marketing. There are nearly 16 million people in the United States selling consumer products and services in the range of $30 billion and more than 90 billion people around the world are involved with MLM with sales exceeding $150 billion.

There is no question that the MLM industry is a thriving one. It is what the experts refer to as an “Ultraniche” industry. This is why network marketers and experts in the industry, such as myself, encourage people to be realistic about the MLM industry. We may impact the lives of millions of people. We may sell billions of dollars in products and services. However, many people don’t realize that direct selling represents less than 1% of retail sales in the marketplace. People that aren’t in the direct selling industry should keep that in mind. Network marketers play a vital role in the economy, but those who are involved in the industry should be realistic about the role that we play in broader world.

– Jeff Babener

*Note that the statistics in this post date from 2010-2012

For additional relevant information to this blog post, visit the following links:

Short Course on Network Marketing: Q&A with Jeffrey Babener on Pyramid Schemes Video

From a Legal Perspective: The Difference Between a Pyramid Scheme and Legitimate MLM Video

Factors that Make a MLM Company Successful Video

Why Choose the MLM Model for Your Business? – A CEO Interview Video

How to Tell if a Company is a Pyramid or a Legitimate MLM Video

The Legal Issues of Starting and Running a MLM Company Video

Not all Direct Selling Companies are Pyramid Schemes Video

Debunking Direct Selling Industry Myths Video

Has Corporate America Discovered the MLM? Video

Should a MLM Company go International immediately? Video

Is the MLM Industry “for real” in the Business World? Video

Is This A Pyramid or a Legitimate MLM? Article

Identifying Illegal Pyramid Schemes Article

Your Time Is Now Article

Starting Your MLM Company: why They Work- Why They Fail Article

MLM Consulting: International – MLM International Market Entry: Practical Issues Article

The Right Place, The Right Time: The Emergence of Direct Selling [PDF] Article

Free MLM Startup Manual Article

SEC: We Hate Pyramids Article

MLM Law in 50 States Article

How To Build A Successful Direct Selling Company Article

Pyramid: Yes or No? Article

What Differentiates a Legitimate Direct Selling/Network Marketing Company from an Illegal Pyramid Scheme? Article

The Hallmarks of Legitimate Direct Selling/Network Marketing Companies Article

And the Leaves that are Green Turn to Brown – MLM Penny Auctions Article

MLM/Direct Selling/Network Marketing: Billions of Participants Make for a Veritable Industry Article

Make sure to visit our blogs for the latest information on the direct selling industry: MLMLegal Blog Home and MLM Attorney Blog Home. HINT: Chose a category to narrow your search for discussion topics!

Find us on our social networks:

Google Plus: http://plus.google.com/u/0/115279960045099999909#115279960045099999909/posts

LinkedIn: http://www.linkedin.com/in/mlmlegal

Twitter: http://www.twitter.com/BabenerLawFirm

Myspace: http://www.myspace.com/mlmlegal

Facebook: http://www.facebook.com/profile.php?id=696968133

And, as always, visit MLMLegal.com, the best MLM resource on the web.The next Starting and Running the Successful MLM Company Conference is quickly approaching! On February 21^st and 22^nd, 2013 we are hosting the MLM Conference for the 25^th year! This is now our 63nd annual conference (held almost consistently three times per year over the last 24 years). All executives/owners of MLM, direct selling, network marking, and party plan companies are welcome to attend. This is the original MLM Startup Conference, hosted and perfected by direct selling industry expert, MLM Attorney Jeff Babener. Call 503-226-6600 or 800-231-2162 to register. (Can’t make this event? Keep an eye out for our May and October conferences as well.)

Visit us at www.mlmlegal.com to learn more.