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Network MarketingTips & Strategies

The MLM Loophole: How They Avoid Being Called Pyramid Schemes (And What You Should Do Instead)

Lusabara
By
Lusabara
Last updated: February 22, 2025
8 Min Read
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You’ve probably heard it before—someone from high school slides into your DMs, all excited about a “ground-floor opportunity.” It’s not a pyramid scheme, they swear.

Contents
1️⃣ The Legal Loophole: What’s the Difference Between MLMs & Pyramid Schemes?📢 The Big Legal Loophole:2️⃣ The “Product Shield” Trick: Selling to Themselves3️⃣ The “Personal Use” Loophole: Counting Distributors as CustomersExample: Herbalife4️⃣ The “Recruitment vs. Sales” Balancing Act5️⃣ The “Fake Income Disclosure” Trick6️⃣ The Cult-Like Defense Strategy7️⃣ What the Law Says (And Why MLMs Keep Winning)The NetWave Difference: A Smarter Approach to Business

But here’s the truth…

Most Multi-Level Marketing (MLM) companies operate like pyramid schemes—they just found legal loopholes to survive. And if you don’t know how to spot them, you might get pulled into a game where the house always wins (and you don’t).

So, let’s break it down:

  • How MLMs escape the law
  • The sneaky psychological tricks they use to keep people hooked
  • How NetWave actually helps people build wealth the right way

If you’re serious about creating a business that doesn’t rely on manipulation and fake hype, keep reading.

1️⃣ The Legal Loophole: What’s the Difference Between MLMs & Pyramid Schemes?

💀 Pyramid Scheme (Illegal):

  • The only way to make money is by recruiting people.
  • No real customers—just people buying their way in.
  • Mathematically doomed to collapse.

✅ MLM (Legal, But Shady):

  • Claims to sell a product or service (even if it’s overpriced or unnecessary).
  • Makes money mostly from distributors, not real customers.
  • Just enough sales to “outsiders” to keep regulators off their back.

📢 The Big Legal Loophole:

MLMs pretend to be product-focused, but in reality, the real buyers are the distributors themselves.

🚨 If an MLM forces you to buy inventory to stay active, it’s a disguised pyramid scheme.

2️⃣ The “Product Shield” Trick: Selling to Themselves

To avoid legal trouble, MLMs create a fake marketplace.

How? They sell products… to their own reps.

👕 Step 1: Launch a product (even if it’s overpriced or low quality).
💸 Step 2: Require distributors to buy inventory to stay “active.”
🎯 Step 3: Make it seem like they’re making money from sales… but the “customers” are just other reps.

Example:
Imagine an MLM selling skincare.

  • New distributors are forced to buy $500 worth of products upfront.
  • But 90% of those “sales” never reach real customers.
  • Instead of making money, reps lose money trying to stay in the game.

📊 Translation: MLMs legally dodge pyramid scheme accusations by making their own members the primary customers.

💡 How NetWave is Different:
Instead of forcing inventory, we focus on real lead generation, digital sales, and building personal brands that last.

3️⃣ The “Personal Use” Loophole: Counting Distributors as Customers

Another legal trick? MLMs count their own salespeople as customers.

This allows them to:
✅ Inflate sales numbers.
✅ Pretend they have real customer demand.
✅ Avoid pyramid scheme accusations.

🚨 Red Flag: If most product sales are coming from distributors, not actual customers, it’s a scam in disguise.

Example: Herbalife

  • 2016 FTC Investigation: Found Herbalife was making money off its distributors, not real customers.
  • $200 Million Fine: Forced them to prove that 80% of sales came from actual consumers.
  • What happened? They tweaked a few rules and kept operating.

💡 How NetWave is Different:
We teach people how to get actual customers—using digital marketing, funnels, and paid ads—so you’re not just buying from yourself.

4️⃣ The “Recruitment vs. Sales” Balancing Act

🚨 The FTC defines a pyramid scheme as a company that makes more money from recruiting than from selling a product.

🛑 MLMs know this, so they tweak their comp plans to look legal while still rewarding recruitment over sales.

📊 Example:

  • You get a tiny commission on product sales.
  • You get massive bonuses for recruiting.
  • They technically “sell products,” but the real money comes from getting others to sign up.

💡 If an MLM pays more for recruitment than selling, it’s a pyramid scheme—just one that technically follows the rules.

5️⃣ The “Fake Income Disclosure” Trick

MLMs must publish “Income Disclosure Statements” to show earnings… but they manipulate the numbers to look better.

🚩 How they do it:
1️⃣ Hide expenses (like required inventory purchases, events, and training fees).
2️⃣ List only “active” distributors (making it seem like many people “chose” not to make money, when in reality, they quit).
3️⃣ Show misleading “averages” (if 1 person makes $1 million and 999 make $0, they can claim an “average” income of $1,000).

📊 Example:
Amway’s Income Disclosure:

  • 54% of distributors earned NOTHING.
  • Only 0.3% made over $25,000 a year.
  • Most lost money.

💡 NetWave Focuses on Real Profit, Not Fake Hype.
We don’t promise overnight success—we teach long-term, scalable skills that actually put money in your pocket.

6️⃣ The Cult-Like Defense Strategy

When you call out MLMs, they don’t just rely on legal loopholes—they rely on brainwashing.

🎤 Common MLM Defenses:
✅ “MLMs are just like Amazon or Uber!”
✅ “You just didn’t work hard enough if you failed!”
✅ “MLMs empower people to be their own boss!”

🚨 Why This Works:

  • MLMs train people to reject criticism and see it as “negativity.”
  • They convince members that failure is their fault, not the system’s fault.

💡 If an MLM makes you feel guilty for asking questions, it’s a scam.

7️⃣ What the Law Says (And Why MLMs Keep Winning)

In 2016, the FTC fined Herbalife $200M, forcing them to:
✅ Prove that 80% of sales came from real customers.
✅ Make quitting easier.
✅ Stop misleading income claims.

🚨 But here’s the kicker: Most MLMs just tweak the rules and keep going.

As long as:
✅ They sell some products to real customers.
✅ They word their compensation plan carefully.
✅ They spread out the legal risk…

💡 They can keep operating—legally.

The NetWave Difference: A Smarter Approach to Business

🔥 So what’s the alternative?

Instead of:
❌ Chasing friends & family
❌ Buying overpriced products
❌ Recruiting to make money

We teach:
✅ How to build an independent brand (so you’re never tied to one company).
✅ Marketing & sales skills that work across any industry.
✅ Funnels & automation to attract leads without chasing people.

💡 We don’t play games with legal loopholes.

👉 If you want to build something real, something that won’t be shut down overnight…

💥 Welcome to NetWave.

Click here to learn how we build real businesses that last. 🚀

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Previous Article The 7 Psychological Traps MLMs Use to Manipulate You (And How NetWave Does It Differently)
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