State Statutes


714.16 Consumer frauds.

1. Definitions:

a. The term "advertisement" includes the attempt by publication, dissemination, solicitation or circulation to induce directly or indirectly any person to enter into any obligation or acquire any title or interest in any merchandise;


2. a. The act, use or employment by a person of an unfair practice, deception, fraud, false pretense, false promise, or misrepresentation, or the concealment, suppression, or omission of a material fact with intent that others rely upon the concealment, suppression, or omission, in connection with the lease, sale, or advertisement of any merchandise or the solicitation of contributions for charitable purposes, whether or not a person has in fact been misled, deceived, or damaged, is an unlawful practice.

It is deceptive advertising within the meaning of this section for a person to represent in connection with the lease, sale, or advertisement of any merchandise that the advertised merchandise has certain performance characteristics, accessories, uses, or benefits or that certain services are performed on behalf of clients or customers of that person if, at the time of the representation, no reasonable basis for the claim existed. The burden is on the person making the representation to demonstrate that a reasonable basis for the claim existed.


b. The advertisement for sale, lease or rent, or the actual sale, lease, or rental of any merchandise at a price or with a rebate or payment or other consideration to the purchaser which is contingent upon the procurement of prospective customers provided by the purchaser, or the procurement of sales, leases, or rentals to persons suggested by the purchaser, is declared to be an unlawful practice rendering any obligation incurred by the buyer in connection therewith, completely void and a nullity. The rights and obligations of any contract relating to such contingent price, rebate, or payment shall be interdependent and inseverable from the rights and obligations relating to the sale, lease, or rental.

Links to Specific States

MLM Law in 50 States

Other Pages of Interest

MLM Law in 50 States

Every state has adopted laws regulating MLM companies. Visit this page to look up MLM law in your state.

read more »

MLM Law Library

MLM law in 50 states, IRS Publication 911, the MLM Textbook, as well as a comprehensive index of articles on the direct selling industry.

read more »

MLM Article Directory

Browse hundreds of articles on distributor education, MLM company ownership, the legal environment, and so much more. View some of our most popular articles on the FTC, Vemma, Herbalife, and Burnlounge.

read more »

Key Pages to Visit While You're Here

  1. The MLM Startup Conference

    Register Today for the MLM Startup Conference

    For Startup and Existing MLM Companies

    Register Today!
  2. Free MLM Startup Manual

    Free MLM Startup Manual

    Starting and Running the Successful MLM Company manual

    Get Your Copy Today!
  3. MLMLegal

    The Best MLM Resource on the Web

    Jeff Babener - MLM Expert Attorney & Business Advisor

Follow Babener & Associates on our social networks. Stay current on legal news, cases, videos, and articles. Contact us today!

About 28 minutes ago