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FTC Settles Deceptive Earnings Claims Case Against Steven and Gina Merritt

Steven and Gina MerrittApril 27, 2026Federal Trade Commission

Summary

The FTC settled allegations against Steven and Gina Merritt, high-level participants in the LifeWave MLM company, for making false and unsubstantiated earnings claims to recruit workers despite most LifeWave participants earning little to no money. The stipulated final order prohibits the Merritts from making deceptive earnings representations and requires them to notify their downline participants of the order's prohibitions. No monetary penalty was imposed.

Remedy

The stipulated final order permanently prohibits the Merritts from making deceptive or unsubstantiated earnings claims related to any business venture, including misrepresenting potential participant earnings, actual earnings of themselves or others, reasons for low participant earnings, or any other material fact about a business opportunity. All earnings claims must be substantiated with written evidence at the time they are made, with such evidence provided to interested individuals upon request. The Merritts must also notify all their downline MLM participants of the FTC’s allegations and the order’s prohibitions on deceptive earnings claims.

Consent DecreeInjunctionCorrective Notice

Contract Impact

In-house legal teams should review all agreements with multi-level marketing (MLM) partners, affiliate marketers, and business opportunity vendors to ensure strict prohibitions on unsubstantiated earnings claims. Key clauses to audit include marketing representation warranties, indemnification provisions for deceptive advertising, requirements to provide written substantiation of all earnings claims, and mandatory income disclosure statement attachments. Additionally, agreements with MLM participants should include clauses requiring prompt notification of regulatory enforcement actions and compliance with FTC marketing guidelines to mitigate liability for downstream deceptive conduct.

Contract Search Terms

earnings claims substantiationMLM marketing representationsincome disclosure statementdeceptive advertising clausedownline participant notificationbusiness opportunity warrantiesmarketing compliance indemnificationearnings claim documentation

Violation Types

Entity Details

Entity

Steven and Gina Merritt

Industry

Other

Official Sources

Source Evidence

Title
"FTC Takes Action Against High-Level MLM Participants who Deceived Workers About the Amount of Money They Can Earn"
Event Date
"April 27, 2026"
Jurisdiction
"Federal Trade Commission"
Event Type
"order settling the FTC’s allegations"
Entity Name
"Steven and Gina Merritt, senior-level participants in a MLM called LifeWave"
Summary
"The FTC alleged in a complaint that Steven and Gina Merritt, senior-level participants in a MLM called LifeWave, deceived consumers about the amount of money they could earn from selling products and recruiting new participants for the company, which sells health and wellness products."

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