MI2N
Music Industry News Network
SATURDAY, JULY 30TH
Advanced Search
MusicDish Advertising Network
Subscribe to Mi2N's Free Newsletters B2N (business) i2N (indie)
HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Web Events (more headlines) 06-07-2014

U.S. Appeals Court Affirms Ruling In Favor Of FTC, Upholds Lower Court Order Against BurnLounge Pyramid Scheme

Bookmark and Share

In a victory for the Federal Trade Commission, a federal appeals court has upheld a district court ruling that BurnLounge, a multi-level marketing business, and several associated individuals, operated a pyramid scheme causing millions of dollars of consumer harm. The court order permanently halted the defendants' marketing methods, which lured more than 56,000 consumers by pretending to be a legitimate multi-level marketing program and making misleading claims about how much money participants could earn.

In 2007, the FTC alleged that BurnLounge Inc., Juan Alexander Arnold, John Taylor, Rob DeBoer and Scott Elliott sold opportunities to operate on-line digital music stores, but that the scheme was really an illegal pyramid scheme. In 2008, Elliott agreed to a settlement with the FTC that prohibited him from participating in any pyramid scheme or other prohibited marketing scheme, and from making false earning claims, and required him to give up $20,000 in ill-gotten gains.

In 2012, the U.S. District Court for the Central District of California, Western Division, ordered the other defendants collectively to pay $16.2 million in redress, and prohibited them from engaging in pyramid, Ponzi, or chain letter schemes or any schemes in which compensation for recruitment is unrelated to the sale of product to customers who are not participants. The order also barred them from making misrepresentations about multi-level marketing operations or business ventures, including misrepresentations about sales, income, profitability, or legality.

BurnLounge, Arnold and Taylor appealed the district court ruling. On June 2, 2014, the U.S. Court of Appeals for the Ninth Circuit upheld the lower court's findings, stating, in part, "We agree with the district court that BurnLounge was an illegal pyramid scheme . . . because BurnLounge's focus was recruitment, and because the rewards it paid in the form of cash bonuses were tied to recruitment rather than the sale of merchandise."

The appeals court found that the legal test of a pyramid scheme does not require that the rewards be "completely" unrelated to the sale of products. The court noted that "[r]ecruiting was built into the compensation structure in that recruiting led to eligibility for cash rewards, and more recruiting led to higher rewards." The court further stated that in this instance "the rewards for recruiting were 'unrelated' to sales to ultimate users because BurnLounge incentivized recruiting participants, not product sales."

Bookmark and Share

back | top



MusicDish Advertising Network

Mi2N Music PR

DigitalRadioTracker.com Simplifies Broadcast Monitoring Worldwide

Canadian Artist Hennie Bekker Brings Benefits Of Music Therapy In Latest New Age Album

"Wanna Be Happy?" enjoys Top Spot For 45 Weeks

Grammy Nominated Producer, George Nash Jr., Launches New Music Company To Support Peace And Healing

Return Of The R&B Soul Bands!

Heavy #16 In Hong Kong 4 August 2016

Call-For-Songs For Chinese Valentine's Day (Qixi Festival)



MusicDish*China Song Blast
Promote Your Music Single In China

News Headlines
Mi2N EDITOR'S PICKS
» FINANCE COMPANY ROOTED IN THE MUSIC INDUSTRY PAVING THE WAY WITH THE RETURN OF “BOWIE BONDS”
» PMC Speakers Launches The Hear More Tour
» Garage Rock Lives With Bongo Boy Records Out Of The Garage Volume Two
» Kangol Expands Content Offering With Video Series And Downloadable Mixtapes On Radio Kangol
» Broadcasters Support Anticipated Government Conclusions In Antitrust Review Of ASCAP And BMI Consent Decrees
» ILS Group Appoints Experienced Music Executive Eric Alper As Director Of Media Relations
» U.S. Justice Department Shuts Shut Down Kickass Torrents, Arrests Principal Operator
» 7th Annual Future Music Forum & Sync Summit: Finding The Next Music Industry
» Canadian Artist Hennie Bekker Brings Benefits Of Music Therapy In Latest New Age Album
» YB16 – Yamaha Band Competition 2016


Get your music news covered...
Have your press release written
by the pros at Mi2N

Articles
MUSICDISH E-JOURNAL
» 7th Annual Future Music Forum & Sync Summit: Finding The Next Music Industry
» GUIGUISUISUI Release 'Wu Xing' EP
» Viacom TV Launches New Artist Discovery Platform
» Heavy #16 In Hong Kong 4 August 2016 - Hard Rock & Metal Goodness
» Millennials Turn From Radio To Embrace Streaming
» The Underground Summer Festival In Hong Kong
» Research Finds Audible Differences With High-Resolution Audio
» Morbid Goats Farewell Tour And Digital Album Release
» Alisa Apps Files Lawsuit Against Universal Music Group And John Newman
» MusicDish*China Music Releases, Charts, MV Premiere And Radio Feature
» Andreas Carlsson Becomes Advisor And Investor In Soundtrap
» Adva Mobile Fan Engagement Score (ES)

Mi2N's Music PR distribution service guarantees online exposure for your press release. Choose from seven (7) different packages.


HOME | FREE NEWS SUBMISSION | PREMIUM PR DISTRIBUTION | PR COPYWRITING | RSS FEEDS | TESTIMONIALS | CONTACT

Sections: Band | Business | Career | Events | Label | Music Releases | Radio | Tech | Video | Web Events
Genres: Country/Folk | Dance/Electronica | Jazz/Blues | Latin | Rock | Urban | World
International: Asia | Canada | Europe

Advertise | Artist Development | Submit Video | MusicDish*China | MusicDish e-Journal | MusicDish Network | Urban Music News Network
Copyright © 1997-2015 MusicDish LLC, all rights reserved. Text, graphics, and HTML code are protected by US and International Copyright Laws, and may not be copied, reprinted, published, translated, hosted, or otherwise distributed by any means without explicit permission.