Direct Sales/Multi-Level Marketing
Deanna is a partner in the Direct Sales Industry Practice Group, advising direct sellers and multi-level marketing (MLM) companies for almost two decades regarding Federal Trade Commission (FTC) regulatory compliance. Deanna has litigated cases in federal and state courts, including defending or bringing Temporary Restraining Orders (TROs), raiding claims, class action lawsuits involving the Telephone Consumer Protection Act (TCPA), and trademark and copyright claims. Deanna also advises direct selling companies regarding online distributor policies, sales channels, such as eBay, use of trademark, social media, compensation plans, income disclosure statements, and independent contractor status. Deanna is a member of the Quarles & Brady Direct Selling Industry Team. Quarles has been a long standing supplier member of the Direct Selling Association.
Representative matters include:
- Williams et al. v. Advocare Int'l et al. (Pima County Superior Court) (successfully dismissed claims involving unfair competition and breach of contract, including counterclaims for distributor raiding).
- Fortune Hi-Tech Marketing, Inc. v. DiGrandi et al. (Kentucky) (successfully defended against TRO involving raiding claims).
- Routinely advise national direct selling companies regarding compensation plans and compliance with FTC and other regulatory requirements including compliance under the TCPA, anti-spamming compliance requirements under the CAN-SPAM Act, review of promotional materials including DVDs and print media.
- Routinely draft website distributor policies, including use of website template content, use of trademarks, search engines and pay-per-click sponsored ads, celebrity endorsements, domain name and email policies, use of hyperlinks, banner ads and e-bay and other auction policies.
- Advised major direct selling jewelry company regarding online distributor policies and social media policies, including those relating to Facebook. Also provided advice regarding enforceability of online contracts pursuant to federal E-SIGN law.
- Advised skincare distributors regarding compliance with parent company policies and procedures; conducted audits and provided recommendations regarding changes.
- Advised major direct selling cosmetics company regarding online distributor policies and dispute resolution relating to independent contractor disputes.
- Routinely advise direct selling companies regarding latest internet-related developments including privacy, data security, and online marketing regulations.
- Member of Direct Selling Association (DSA) Subcommittee responsible for drafting internet guidelines. Member of DSA Lawyers' and Technology Council. Frequent Panelist at DSA Legal and Regulatory Updates. (See list of speaking engagements.)