The Koscot Test: The Legal Standard Behind Pyramid Scheme Cases
The Koscot test comes from the FTC’s 1975 decision in Koscot Interplanetary and is the classic legal definition of a pyramid scheme: participants pay for the right to earn rewards for recruiting others, and those rewards are unrelated to retail sales.
Key facts
- Origin: In re Koscot Interplanetary, FTC, 1975
- Elements: Payment, recruitment rewards, unrelated to retail sales
- Used by: FTC and courts as a framework
- Related: Omnitrition and later cases
The Three Elements
The test asks whether participants (1) pay money (2) for the right to sell a product and (3) receive in return rewards for recruiting that are unrelated to sales to ultimate users. See what a pyramid scheme is.
Koscot Test in Modern Cases
Courts have refined the idea, looking at whether rewards depend on retail sales. For practical comparison, read MLM vs pyramid scheme and Ponzi vs pyramid scheme.
Limits
The test is a framework, not a verdict. Facts matter; read MLM regulation.
Key Takeaways
- 1975 FTC origin.
- Three elements.
- Retail sales are the key.
- Facts decide each case.
Frequently Asked Questions
What is the Koscot test?
A legal test from a 1975 FTC decision defining a pyramid scheme.
Does it ban MLMs?
No. It targets schemes whose rewards are unrelated to product sales.
Who uses it?
The FTC and courts, along with other tests.
Is it still relevant?
Yes, it’s a foundation for modern analysis.
Sources
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