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What About This One?
The Terrible Truth about Multi-Level Marketing
Dear Colleagues,
This year-end Update offers a brief overview of the state of consumer protection regarding pyramid schemes, the most common form being "multi-level marking." However, to put the various prosecutions, lawsuits, and recent outbreaks of these schemes into perspective, a wider context must be offered.
Millions of people every year are personally solicited to join a MLM or members of their family members are. Some are lured into MLM cults, in which they are led to believe that their identity, character and meaning of life depend on "success" in the MLM.
More than 99% of all who join all MLMs each year, never make a profit, though MLMs are advertised as "business opportunities." This 99% figure is verifiable from court records, public disclosures and filings with SEC.Quitting rates are from 50-80% each year.
Overall, MLMs appear to be spreading and some new groups are joining. In reality, in the USA, the larger MLMs like Amway and Herbalife are steadily declining. What looks like growth is just the futile migration of people leaving one bad experience in a MLM and moving to another one in hopes of finding the promised success, or new people joining new MLMs without realizing that they are merely clone versions of the older, declining schemes.
While this is happening, neither government regulators nor the courts are showing a willingness to stop them. The media has not investigated "MLM", though some articles feature individual MLMs, without depth. Consequently, pyramid fraud is at epidemic levels with recent inroads among students, immigrants, and military spouses.
Terrible Truth
Many consumers contact Pyramid Scheme Alert to ask if a particular MLM they or their family members are being solicited to join is a "pyramid scheme" or not. "What about this one?" is the most common question that is asked.
Here's the most important of the "terrible truths" about MLMs that we offer to these inquiries and which this Update must start with. It is that finding a "good MLM" is as certain a losing proposition as pursuing the MLM "income opportunity" is. If the business being considered is what is known as "MLM", then it is, by design and operation, a pyramid scheme.
Few people will dare to say or write this. In every news media report about any MLMs, the reporters always state, "MLM is legal and legitimate, but some are pyramid scams." Yet, they never name one MLM that serves as the model of the good ones. They never explain exactly what makes one a fraud and others not. Often, they offer red flags of pyramid schemes, like "emphasis on recruiting" or "promises of high income." But, if a consumer were to use those guides, all MLMs would be disqualified, since all MLMs emphasize recruiting over personal selling and all promise "unlimited income" based on MLM's hallmark "endlessly expanding chain." And so the cautionary advice about avoiding recruiting and high-income-promise schemes conflicts with the overriding claim that "MLM is legitimate." Both cannot be true.
In light of this reality Pyramid Scheme Alert offers people the main elements that make a business an "MLM." When those elements are dissected, they can be seen to add up to a classic pyramid scheme. For that reason, we must say, MLM itself, by its design, and how it operates and also measured by its harmful consequences, is a scam, a pyramid scheme.
Pyramid/MLM Elements
Here the main elements of all MLMs, and they match up with the main elements of a pyramid scheme. Credit for this dissection of MLM's "causal" factors goes to Dr. Jon Taylor. They include:
- Pay to play. MLMs are never innocent parlor games. To join, one must pay money, and to remain "qualified" for the promised rewards, one must keep paying (buying "qualifying" amounts of product, paying renewal fees, etc.) Costs can go into the thousands or tens of thousands.
- Endless chain/pyramid. All MLMs - and all pyramids - continuously transfer money from later participants to earlier ones. The last to join must find new recruits in ever-larger numbers if they are to gain the promised rewards. The transfer requires a pyramid structure with each new recruit bringing in others, setting up "levels", each larger than the one before, forming an "endless chain" that is shaped like a pyramid. MLMs organize this process into "ranks" of four or more with complex rules and pay schedule that leverage the ever-extending and ever-expanding pyramid. This structure is designed so that large numbers at the bottom must always lose in order for a few at the top to "win."
- Money goes to the top. Every pyramid scheme - and every MLM - sends the majority of all rewards to the very top on the multi-tiered chain. In MLM this is achieved with a "compensation plan" with complex commission formulas and rigid rules for transferring payments from "quitters" to those higher up. Net effect is 50-80% of all "rewards" go to the top 1%.
- Rewards are based on recruiting. In a pyramid scheme, as opposed to a Ponzi, the recruits themselves must find more recruits in order to gain the promised rewards. In a Ponzi, the organizer of the scam, (e.g, Bernie Madoff), does the recruiting. In all MLMs, getting to the top of the chain, where all the money goes, requires recruiting. Recruiting is the only way to get the rewards. We have never found one MLM in which people can make sustainable profits without recruiting. We have not found a single MLM where people make money only from personal "direct selling." In fact, most of the "customers" in MLMs turn out to be only the "salespeople".
We have looked at hundreds of MLMs. They all are exhibit these same characteristics which are the basics of pyramid fraud - an "endless", multi-tiered pyramid chain, initial and ongoing payments to join the chain, constant recruiting rather than personal selling, concentration of money transferred to the top gained from recruits at the bottom. In such a plan, whether one calls it "MLM" or a "pyramid scheme", the bottom ranks of the chain, which include the great majority of all participants, will not make a profit. As they "fail" and "quit", they are replaced by new hopefuls, and so it goes.
False Question
So, the question - Which MLM is good? - is a misguided and misleading question. What is called "multi-level marketing" is merely a pyramid scheme dressed up to look like a "direct selling" business. Other kinds of pyramid schemes are dressed up as social clubs, gifting programs or investment programs. In the MLM version, participant/investors are called "salespeople" even though they recruit, not sell; most payments are laundered through product purchases by the participants that are mandated with quotas, not generated by consumer demand, and then renamed "sales". Pyramid recruiting levels are called "ranks"; rewards gained from recruiting are misleadingly called "commissions on sales" and the endless pyramid chain is called a "business structure" even though the multiple "levels" make no business sense, and with more than half the people quitting every year, the structure constantly collapses and is resurrected, and could never be "sustainable" because nothing can expand forever. MLMs are called "income opportunities", but only the top 1% or less of recruiters can ever be profitable because their "income" is depends upon the losses suffered by all the others "below" (those that join later).
Pyramid Consequences
Those four main characteristics lead to consequences in MLM. MLM's consequences are exactly the same as the pyramid scheme's consequences. For example, the top-weighted pay plan makes it impossible for the "last ones in" to be profitable. The money they generate goes to the top. There is no way to make a profit only from "direct selling" of MLM goods, because the MLM scheme keeps adding more "salespeople" in every area who buy at the same "wholesale" price as the retailers do. MLM is not, therefore, "direct selling." No one does or can make a net profit only from selling, without recruiting. Personal selling is not only impractical but is discouraged by the much larger financial incentives offered for recruiting (unlimited income, and making money while you sleep). And all this recruiting must be based on deception, since all new recruits must be promised they can make money, when in fact, 99% never do, and never could, every year. MLMs, like all pyramid schemes, are based upon deception, a calculated lie about income opportunity.
In sum, MLM, by its design requires deception and is rigged so that virtually all will lose, causing widespread harm. Deception and harm are why pyramid schemes are illegal.
For those who want to better understand why MLMs, by design, turn out to be classic pyramid schemes, based on deception and causing harm to virtually all who join, please see the audio and Q/A presentation at the Pyramid Scheme Alert site, called "What About This One?"
Robert FitzPatrick, Pres.
PYRAMID SCHEME ALERT