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Chairwoman Rebecca Kelly Slaughter

FTC to Review Business Opportunity Rule by End of Year
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FTC to Review Business Opportunity Rule by End of Year

Commissioner Chopra pushes for removal of direct selling exemption

By:  David Bland

It is alarming that the FTC seems to have prejudged the public comment process and concluded that the scope of the Rule should be expanded to impose a new regimen of rules and regulations on the direct selling industry.

—Larry Steinberg, Chair of Multilevel Marketing Industry Group, Buchalter

The Federal Trade Commission (FTC) announced on June 14 a review of the Business Opportunity Rule by the end of the year. The Rule was first proposed in 2006 and was finalized with amendments in 2012 after direct selling companies and the Direct Selling Association (DSA) vigorously argued for, and ultimately received, a generalized exclusion from the Rule.

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July 1, 2021 0 comment
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Supreme Court Issues Unanimous Decision Against FTC
Cover StoryDirect SellingFeatures

Supreme Court Issues Unanimous Decision Against FTC

House responds with bill to restore Commission’s restitution powers

House Bill 2668, which Congressman Cárdenas introduced last week, addresses the two significant judicial limitations to Section 13(b) of the FTC Act.

—Rebecca Kelly Slaughter, Acting Chairwoman, FTC

To the relief of many direct sellers, the U.S. Supreme Court issued a unanimous ruling in the closely-followed AMG Capital Management, LLC v. Federal Trade Commission case. 

In a April 22 decision authored by Justice Stephen Breyer, the court held that Section 13(b) of the FTC Act does not authorize the Commission to seek “equitable monetary relief such as restitution or disgorgement,” ruling that the “permanent injunction” reference in Section 13(b) only grants the FTC the ability to stop future actions of a targeted individual or company.

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June 1, 2021 0 comment
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