Direct Sales Industry

Compliance Reviews

  • Distributor compensation plans, distributor handbook provisions, and policies for compliance, including advising regarding issues related to front-loading, anti-pyramid safe harbor, buy-back provisions, refund policies, exclusivity provisions, conflict of interest policies, tradeshow policies, sales receipt policies, check legends, confidentiality / trade secret provisions relating to upline/downline, income representations, disclosures and recognition programs, product claim review and disclaimers, and testimonial reviews.
  • Dispute resolution policies, mandatory arbitration policies, and impact on availability of class actions.
  • Business method and promotional tools policies.
  • Starter kits, promotional materials, website audits, telephone recordings, audiotapes, and DVDs for FTC and regulatory compliance.
  • Audit/compliance review and policy enforcement programs to achieve greater distributor compliance, lower regulatory risk, and mitigate damages in the event of regulatory audits.
  • Trademark/copyright issues relating to distributors’ use of film clips and news articles and improper use of company or others' trademarks and/or domain names.
  • Telemarketing and Consumer Fraud & Abuse Prevention Act and policies regarding unsolicited faxes.
  • Telephone Consumer Protection Act in connection with texting, autodialers, and recordings.
  • Policies relating to preserving independent contractor status and limiting potential exposure to liability for acts of distributors.
  • Distributor termination issues, including necessary documentation, procedures, and terms.
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