This was a bit of a trip down memory lane, I have really forgot how much information is out there on Amway Antics. One of the bigger ruses that exist in Amway(MLM) in my opinion is that of building your "own" business. Surely its your time, energy, and money, but what if things go sideways?
Keeping in mind, affiliates gagged in arbitration can't tell their stories so who knows what stories the walls could tell...
As previously noted, Amway is not offering arbitration as a choice. Amway apparently has little faith in its professed belief that arbitration is "the best and the only way for distributors to work out any disagreements quickly, fairly and inexpensively." If it truly were, most distributors would gladly take that option over filing a lawsuit.
So why doesn't Amway offer distributors a choice instead of forcing them into arbitration? And even if arbitration were the better approach, why does Amway further gag distributors to prevent them from discussing their disputes or the resolution of those disputes?
https://www.cs.cmu.edu/~dst/Amway/AUS/itcbsmaa.htm
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These cases were pre arbitration, and highlight not only seeming unconscionable behavior, but the reason a business owner would be mad to give up their right to sue.
Of particular note is the statement made by an Amway vice president at the end of the following article from the Grand Rapids Business Service Press Summary:
On August 31, 1995, a Grand Rapids, Michigan jury ruled unanimously in favor of Amway distributors, Joan Baker and Shirlee Michaels, in a breach of contract lawsuit against Amway Corporation. The amount of the verdict with interest and attorneys fees is in excess of $1,000,000. The jury had been considering the case since August 7, 1995.
The case involved the transfer of 30 distributorships (representing annual business of approximately $55,000, plus other bonuses) from the Baker's and Michael's organization without their permission or knowledge. Baker and Michaels contended, and the jury agreed, that Amway violated its Business Reference Manual which contains the contract between Amway and its 2 Million Distributors. Baker and Michaels stated:
"We are pleased that our jury told Amway it cannot change 'the deal' in midstream. The contract provision that gives Amway the right to make new rules for future application doesn't allow Amway to violate existing rules. We think this verdict sends Amway a strong message that they were wrong. We would have liked a larger award, but once we understood how the jury calculated damages, we think they reached a fair result. We were very anxious about filing a lawsuit against a $6 Billion company in their home town but our Attorney asked the jury to be fair and they were."
The dispute goes to the heart of the Amway Business Plan which states that business which is built by distributors belongs to them, can be passed on to their heirs and can not be arbitrarily taken from them.
The Amway Vice President who made the transfer of the Baker/Michaels Distributors to another Amway organization contended that he "has the authority to waive Contract Rules and would do it again."
Amway: The Untold Story: Baker v. Amway
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Gommeringer v. Amway Corporation, U.S. District Court, Western District of Michigan, Southern Division, 9/85
This one really has to be seen to be believed. The Gommeringers seemed to be living testimonials to the principles of hard work and free enterprise so often preached by Amway's founders. Joining Amway in 1969,
the Gommeringers devoted 15 years to building a network of more than 50,000, and attained the level of Crown Direct, the second-highest "pin level" attainable in Amway. When Amway was charged with fraud in 1983 by the Canadian govt., the Gommeringers, believing in the integrity and honesty of DeVos and Van Andel, defended them, despite the fact that their Amway business suffered as a result of the negative publicity. When DeVos and Van Andel plead guilty later that year to criminal fraud, their business was further impacted.
The Gommeringers worked for over a year to overcome the enormous negative effect that the criminal activities of Amway's owners had on their business,
only to have Amway Corp. terminate their distributorships over a disputed $87.00 annual renewal fee. (Yup, you read that right.) The Gommeringers, who had relied on Amway's integrity and promises that their Amway business would not be taken from them without just cause and due process, were ruined. It seems very likely that there was something else behind Amway's bizarre and vindictive action, but we'll probably never know; following their usual pattern,
Amway settled the case before it could go before a jury and the facts be made public. The only hint we have is a comment made by the Gommeringer's attorney concerning the possibility that the Gommeringers were planning to sell competing products to their downline. Even if this were the case, Amway's own rules clearly state that distributors may sell non-Amway products to those whom they directly sponsor. This rule, in fact, is what allows the "tools" business to exist, despite the fact that the illegal and unethical activities it fosters have caused Amway no end of legal hassles and bad publicity. It's interesting that Amway has done so little to get rid of those distributors who are commiting serious abuses of Amway's rules, but they'll violate their own rules to get rid of distributors who have done nothing wrong.
One issue raised in the Gommeringer case is that of Amway's responsibility (or lack thereof) to conduct itself in an ethical and legal manner. The Gommeringers charged that Amway had damaged their business through its admitted criminal actions in the Canadian fraud case (see count III of the Complaint below).
The judge in the case dismissed this count on the grounds that Amway's distributor contract, which includes all rules published in Amway's distributor Code of Conduct, obligates only distributors to act in a legal and ethical manner; Amway Corp. itself has no obligation to its distributors to do the same. How comforting.
Should there be any doubt that the disputed renewal fees were Amway's sole stated reason for terminating a Crown Direct distributorship and financially (and emotionally) ruining these distributors, here is Amway's answer to the charge made in paragraph 16 of Count II below:
"16. Admitted."
--Defendant's Answer To Plaintiff's Second Amended Complaint And Demand For Trial By Jury, filed 10/21/87
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Who knows about these, but it sure does sound like what would happen to an employee, not a business owner with a fair Non Compete.
Seven months later I joined another network marketing company. A few of the people who were formerly in my Quixtar group contacted me and asked to join my new business. I made sure they had completed their six-month non-compete in Quixtar’s rules, and then registered them with my new business.
Quixtar has sued me in Arbitration saying that I violated the Non-Solicitation clause. They are asking for millions of dollars in damages because of the lost business I caused them. (Remember, these are people who had already quit Quixtar before I quit!!!) I have to take this seriously because I will be held to any judgement the arbitrator decides on. And the last guy that I know of who was sued by Quixtar in arbitration was ordered to pay Quixtar $12 million
Read more:
AMWAY /QUIXTAR Contract Warning EveryJoe
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Amway claimed that bHIP improperly induced distributors to join bHIP and sell bHIP products rather than Amway products.
Amway Does Something Unusual
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This was a hot mess, if I remember correctly when it first went to arbitration it was found $1,000,000 was due the plaintiffs and $7,000,000 was due Amway the defendant. Having home court advantage in arbitration has its upside. Dexter Yeager is the man at Amway...
Defendants further represented to Plaintiffs that despite anything the Amway organization might say, the Amway rules and regulations were irrelevant and should be disregarded, and that Amway would not dare interfere with the way the Yager organization was run, because Yager could always pull his downline organization out of Amway, which would significantly harm Amway.
AUS: Morrison Lawsuit
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Sure, it is "YOUR" business to sell. Unless Amway wants to change the rules on a case by case basis.
The Court of Appeals held that Amway could not, under the terms of its agreement, modify the rules affecting transfers of downline distributors on a case-by-case basis.
Can Amway modify its distributor agreement on a case-by-case basis? | Michaels v. Amway Corp. , 206 Mich. App. 644 (1994) | Babener & Associates - JDSupra
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