Article 2(K) of The Consumer Act defines pyramiding sales scheme as sales devices whereby a person, on the condition that he makes an investment, is granted by the manufacturer or his representative a right to recruit for profit one or more additional persons who will also be granted such right to recruit on condition of making a similar investment.
In this definition, the profits of the persons using such a plan are derived primarily from the recruitment of other persons into the plan rather than from the sale of consumer products, services and credit.
House Bill 5601 adopted the definition but added that pyramiding could also mean that a "substantial amount" is derived as profits from recruitment rather than from the sale of the product.
Article 53, the existing law that bans pyramid sales schemes, forbids the use of chain distribution plans or pyramid sales schemes in the sale of consumer products.
Angping's bill more important is that it included the definitions of a legitimate multilevel marketing (MLM) plan that are not present in both the Consumer Act and the DTI administrative order.
Section 4 of HB 5601 clearly defines "permissible sales practices" for MLM, including:
- A low entry barrier such as minimal processing fee or reasonable sales kit demonstration materials, sold at cost as prospects sign up as distributor.
- A low exit barrier by way of a "buy-back" policy (at a reasonable rate of the price paid) whereby the firm will rebuy within 90 days from last purchase, the unsold, unopened, unused, unexpired, undamaged and salable inventory held by distributors resigning from or terminating their contracts with the company.
- An indispensable need for regular retail requirements for the distributor to earn continuously. There is no offer in income by simply recruiting and products are sold at fair market value.
- An obligation for distributors to sell at least 70 percent of their previously acquired inventory before they are allowed to make a repurchase. There is absolutely no inducement for inventory loading.
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