Risk Roundup

Brand-Free ‘Silent Claims’ Are Triggering Regulatory Action

Brand mention or not, the FTC is still watching—and direct sellers are getting punished By Jonathan Gilliam, Guest Contributor Affiliates and reps who once flooded feeds with brand images and product claims have shifted to a new strategy, one designed specifically to evade detection. Social media surveillance is exposing “silent”

Affiliate Marketing: Staying Compliant While Making the Switch

By Ioana Gorecki, Guest Contributor There is a perception that the regulatory landscape for direct sellers and multi-level marketers (MLMs) has become increasingly fraught. With numerous federal and state actions targeting the industry—as well as recently proposed Federal Trade Commission (FTC) rules on earnings claims and increasingly complex labor and

A New Litigation Threat in California: Pen Register and Trap and Trace Lawsuits Concerning Website Tracking

By William M. Miller, Guest Contributor “At a minimum, any business with a website should review their terms and conditions and privacy policies to make sure that they are up-to-date, as well as consider adding active consents (like a click box) where the consumer approves the recording of their IP

Social Media Updates Pose New Risks, Opportunities for Direct Selling Companies

By Sam Hind, Guest Contributor In today’s digital landscape, social media is evolving rapidly, with platforms like Meta introducing a range of new features—AI-powered content, Threads communities, advanced Reels options, and more. These updates bring exciting potential for the direct selling industry, creating fresh ways to engage audiences and build

The FTC’s New Business Guidance: Do You Need To Adopt All of It?

Navigating the FTC’s 2024 Guidance in a post-Chevron landscape By John Sanders and Katrina Eash, guest contributors The Federal Trade Commission (FTC) has faced several recent setbacks. Last year, in Neora, a federal court rejected the FTC’s arguments that Neora was operating an illegal pyramid scheme and was making deceptive

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