As a part of their lawsuit in opposition to Arieyl and founders Kristen and Travis Butler, My Day by day Alternative filed a discover of associated instances on March 1st.
Instances detailed within the discover pertain to particular person lawsuits filed in opposition to Arieyl “launch crew” distributors.
In complete there are 5 lawsuits filed. Named defendants are Marissa Donnell (aka Marissa Eldridge), Skylar Lambert, Danielle and Chad Lituski and Erin Jackson.
Unnamed John and Jane does are additionally defendants in all 4 fits.
My Day by day Alternative cites Donnell, Lambert, the Lituskis and Jackson as former “high-ranking MDC affiliate(s)”.
Based on MDC, every defendant was a part of Arieyl’s “launch crew”.
The person lawsuits accuse the defendants of cross-recruitment and disparagement, in violation of their signed MDC distributor contracts.
Marissa Donnell / Eldridge (sued ninth Dec, 2020)
Eldridge obtained vital compensation as an MDC affiliate. However, in or about September 2020 (throughout a renewal time period of the Contract), Eldridge commenced an illegal and extremely damaging marketing campaign to raid MDC’s enterprise and affiliate community.
Eldridge did so for her personal monetary profit in becoming a member of and launching Arieyl, a competing direct gross sales firm that markets and sells competing well being and wellness merchandise.
On data and perception, Eldridge is a member of Arieyl’s 25-member “launch crew.”
On data and perception, in or about September 2020, whereas she was nonetheless an MDC affiliate, Eldridge started soliciting and coordinating with different MDC associates to affix Arieyl and its competing community advertising program, in addition to her private Arieyl launch crew.
As a part of these efforts, MDC is knowledgeable and believes that Eldridge started disparaging MDC and its personnel, which included false and defamatory claims.
In early November, Eldridge posted a video on TikTok stating, “I’ve discovered a brand-new startup firm that I’m going to be a founding member for.
I’m so extraordinarily excited. I can’t wait to share it with you. Thanks guys a lot on your assist by means of all of this.
What higher time to do one thing like this than proper now?… I can’t wait to share this subsequent chapter with you.”
Equally, on December 8, 2020, Eldridge promoted Arieyl on Fb stating, “We mushy launched a pair weeks in the past and the merchandise are absolute FIRE. The compensation plan is unimaginable. The tradition is drawing everybody in.
I couldn’t really feel safer in my resolution to affix. Need to know extra? Shoot me a pm…”
Since November 2020, in direct violation of the Insurance policies & Procedures, Eldridge has used the Social Media Pages to advertise Arieyl, its competing program, and its merchandise to MDC’s associates, together with associates she didn’t personally enroll at MDC.
MDC is suing Donnell/Eldridge for breach of contract and tortious interference with contract.
MDC can also be searching for to strip Donnell/Eldrige of ‘all income and positive aspects derived on account of the illegal acts’.
Skylar Lambert (sued ninth Dec, 2020)
Lambert obtained vital compensation as an MDC affiliate. However, in or about September 2020 (throughout a renewal time period of the Contract), Lambert commenced an illegal and extremely damaging marketing campaign to raid MDC’s enterprise and affiliate community.
Lambert did so for her personal monetary profit in becoming a member of and launching Arieyl, a competing direct gross sales firm that markets and sells competing well being and wellness merchandise.
On data and perception, Lambert is a member of Arieyl’s 25-member “launch crew.”
On data and perception, in or about September 2020, whereas she was nonetheless an MDC affiliate, Lambert started soliciting and coordinating with different MDC associates to affix Arieyl and its competing community advertising program, in addition to her private Arieyl launch crew.
As a part of these efforts, MDC is knowledgeable and believes that Lambert started disparaging MDC and its personnel, which included false and defamatory claims.
On data and perception, on or about September 30, 2020, Lambert traveled from Greenwood, Indiana to Orlando, Florida to satisfy with a bunch of different MDC associates, together with the founders of Arieyl and different members of Arieyl’s launch crew (the “Orlando Assembly”).
On data and perception, the group met for a number of days in early October 2020 concerning their plans to launch Arieyl and coordinate an exodus of associates from MDC to Arieyl.
As of October 2020, MDC suspended plenty of affiliate accounts for potential violations of the Polices & Procedures and it had commenced an investigation referring to these actions. MDC contacted Lambert through the course of its evaluation.
On October 14, 2020, throughout a phone convention with MDC’s Director of Compliance, Lambert affirmatively represented that she was not conscious of any plans by the associates that organized the Orlando Assembly to launch any competing firm or any efforts to promote a competing community advertising program to MDC’s associates or clients, and that she was not concerned with any such firm.
On data and perception, Lambert’s representations have been knowingly false when made.
On November 6, 2020, MDC suspended Lambert’s affiliate account after she started publicly selling Arieyl.
On November 8, 2020, Lambert disingenuously posted, “Earlier than I make my announcement tonight, I need to kindly and formally ask you, if you happen to’re with My Day by day Alternative and Hempworx please ‘unfollow’ me.
No laborious emotions in any respect if you happen to do! Simply making an attempt to do issues the best manner. On to new beginnings!”
On data and perception, this put up was supposed to trigger and did trigger MDC associates to inquire with Lambert about her future plans, and to attract larger curiosity and a spotlight to her competing firm.
Fairly than complying together with her moral and authorized obligations, this displays her continued effort to attract consideration to Arieyl and cross-recruit MDC’s associates in violation of the Insurance policies & Procedures.
MDC is suing Lambert for breach of contract, tortious interference of contract and fraud.
MDC can also be searching for to strip Lambert of ‘all income and positive aspects derived on account of the illegal acts’.
Danielle and Chad Lituski (sued tenth Dec, 2020)
The Lituskis obtained vital compensation as MDC associates. However, in or about September 2020 (throughout a renewal time period of the Contract), the Lituskis commenced an illegal and extremely damaging marketing campaign to raid MDC’s enterprise and affiliate community.
The Lituskis did so for their very own monetary profit in becoming a member of and launching Arieyl, a competing direct gross sales firm that markets and sells competing well being and wellness merchandise.
On data and perception, the Lituskis are members of Arieyl’s 25-member “launch crew.”
On data and perception, in or about September 2020, whereas they have been nonetheless associates with MDC, the Lituskis started soliciting and coordinating with different MDC associates to affix Arieyl and its competing community advertising program, in addition to their private Arieyl launch crew.
As a part of these efforts, MDC is knowledgeable and believes that the Lituskis started disparaging MDC and its personnel, which included false and defamatory claims.
In November 2020, the Latuskis started utilizing the Social Media Pages to point they’d be making a significant announcement.
In doing so, the Lituskis knew they used the identical pages to often promote MDC and HempWorx to extend their social media following, and so they knew their posts could be considered by associates that they didn’t personally enroll at MDC.
As an example, on November 8, 2020, Danielle Lituski posted, “Are you prepared for the chance of a lifetime!?! WHO’S READY TO BE A PART OF OUR LAUNCH TEAM IN OUR NEXT ENDEAVOR?”
She additionally posted, “IF WE MET THROUGH MY PREVIOUS COMPANY KNOW THAT I’M STILL CHEERING YOU ON BUT PLEASE FEEL FREE TO UNFOLLOW ME IF MY MOVE MAKES YOU UNCOMFORTABLE. TONIGHT AT 9 I’M ABOUT TO DROP A BOMB!!! WHO WANTS THE EXCLUSIVE?”
Mr. Lituski equally posted, “No EYE has SEEN, No EAR has HEARD, No Thoughts has Conceived what GOD has PREPARED for many who LOVE HIM… BIG MOVES STAY TUNED.”
On data and perception, these posts have been supposed to trigger and did trigger MDC associates to inquire with the Lituskis about their future plans, and to attract larger curiosity and a spotlight to their competing firm.
Fairly than complying together with her moral and authorized obligations, this displays their continued effort to attract consideration to Arieyl and cross-recruit MDC’s associates in violation of the Insurance policies & Procedures.
On data and perception, after the Lituskis had already made plans to affix and launch their competing firm, Danielle Lituski bought the affiliate account of one other MDC affiliate.
On data and perception, Ms. Lituski solely did so with a view to acquire confidential data referring to the affiliate’s downline, to permit the Lituskis to additional raid and crossrecruit MDC’s associates.
MDC is suing the Lituskis for breach of contract and tortious interference of contract.
MDC can also be searching for to strip the Lutuskis of ‘all income and positive aspects derived on account of the illegal acts’.
Erin Jackson (sued Dec tenth, 2020)
Jackson obtained vital compensation as an MDC affiliate.
However, in or about September 2020 (throughout a renewal time period of the Contract), Jackson commenced an illegal and extremely damaging marketing campaign to raid MDC’s enterprise and affiliate community.
Jackson did so for her personal monetary profit in becoming a member of and launching Arieyl, a competing direct gross sales firm that markets and sells competing well being and wellness merchandise.
On data and perception, Jackson is a member of Arieyl’s 25-member “launch crew.”
On data and perception, in or about September 2020, whereas she was nonetheless an MDC affiliate, Jackson started soliciting and coordinating with different MDC associates to affix Arieyl and its competing community advertising program, in addition to her private Arieyl launch crew.
As a part of these efforts, MDC is knowledgeable and believes that Jackson started disparaging MDC and its personnel, which included false and defamatory claims.
On data and perception, on or about October 2, 2020, Jackson traveled from Lincoln, Delaware to Orlando, Florida to satisfy with a bunch of different MDC associates, together with the founders of Arieyl and different members of Arieyl’s launch crew.
On data and perception, the group met for a number of days in early October 2020 concerning their plans to launch Arieyl and coordinate an exodus of associates from MDC to Arieyl.
Shortly thereafter, Jackson and her husband moved to Florida to help with the launch and perform these plans.
Jackson started utilizing the Social Media Web page to point she could be making a significant announcement.
In doing so, Jackson knew that she used the identical web page to often promote MDC and HempWorx to extend her social medial following, and he or she knew that her posts could be considered by associates that she didn’t personally enroll at MDC.
As an example, on November 6, 2020, Jackson and her husband posted, “Our lips have been sealed, so stand by… issues are about to get REALLY good. #TheBestIsYetToCome”.
On data and perception, this put up was supposed to trigger and did trigger MDC associates to inquire with Jackson about her future plans, and to attract larger curiosity and a spotlight to her competing firm.
Fairly than complying together with her moral and authorized obligations, this displays her continued effort to attract consideration to Arieyl and cross-recruit MDC’s associates in violation of the Insurance policies & Procedures.
On data and perception, the Jacksons waited to put up these feedback till after they obtained a big payout from MDC on November 5, 2020
MDC is suing the Jackson for breach of contract and tortious interference of contract.
MDC can also be searching for to strip the Lutuskis of ‘all income and positive aspects derived on account of the illegal acts’.
Wanting ahead…
In every of the 4 Arieyl distributor instances, motions to dismiss have been filed.
Rulings on the motions stay pending.
I’ve added the 4 instances to our case docket calendar. Keep tuned for updates because the lawsuits play out.
Replace nineteenth Could 2022 – My Day by day Alternative and the Arieyl defendants have reached a settlement.
The settlement brings My Day by day Alternative’s lawsuit to an finish. Particular particulars of the settlement reached between the events weren’t disclosed.