Following Michael Rutherford’s disclosure that commissions have “dramatically decreased“, Pruvit is now suing distributors who’ve left the company.

Three lawsuits filed at the state level have turned up in federal court. In the lawsuits Pruvit seeks injunctions against Alexis Brady, Casey Kio and Brianna Blackburn.

Alexis Brady is a former Pruvit distributor based out of Colorado.

As alleged by Pruvit in their September 1st filed Complaint, Brady was high enough in Pruvit to be part of their “Ownership Pool”.

As Pruvers continue to rise within the ranks of Pruvit, they are eligible to be elevated to the Ownership Pool.

The Terms and Conditions of the Ownership Pool prohibit cross-recruitment into other MLM companies.

Pruvit alleges Brady has targeted Pruvit distributors both prior to and after leaving Pruvit.

Defendant has recruited current Pruvers to join Competitors via Facebook posts, Milkshake, Instagram, text messages, and personal interactions. Defendant’s various online and social media accounts are replete with examples of such breaches.

Oddly enough, the example provided by Pruvit in their Complaint doesn’t identify an MLM company:

Brady doesn’t disclose what she is promoting publicly on her FaceBook page. In potential violation of the FTC Act, she nonetheless pitches “2-3 hours a day” generating “$5K-$10K a month (or more)”.

Over on TikTok Brady’s profile links to 7 Figures Done For You, an affiliate program by Phillip Johansen that purportedly teaches how steal other people’s content.

In this presentation you will learn … How to re-upload OTHER people’s content to make passive recurring income.

Pruvit claims Brady is “recruiting (people) away from Pruvit) through her marketing efforts.

Discovery of Competitors’ distributor and customer lists is expected to reveal Provers and Pruvit customers who were not only recruited, but left Pruvit, and joined Competitors due to Defendant’s improper conduct.

Pruvit is seeking an injunction against Brady, over a million dollars in exemplary damages and legal costs.

Casey Kio is a former Pruvit distributor based out of New Jersey. Pruvit filed suit against Kio on September 7th.

Like Brady, Kio qualified for Pruvit’s Ownership Pool.

Unlike Brady (at least as far as Pruvit’s Complaint goes), Kio was terminated by Pruvit “on or about July 13, 2023”.

Citing the distributor agreement Kio signed, Pruvit accuses Kio of promoting Green Compass to Pruvit distributors.

Defendant is aggressively recruiting Pruvit’s customers and promoters in further violation of her contractual obligations to Pruvit.

Defendant Kio engaged in this conduct prior to and after the termination of her promoter relationships with Pruvit.

Pruvit is seeking an injunction against Kio, over a million in exemplary damages and legal costs.

Brianna Blackburn is a former Pruvit distributor based out of Ohio. Pruvit filed suit against Blackburn on September 12th.

Blackburn was also Ownership Pool qualified and, after leaving Pruvit, is now also promoting Green Compass.

Whereas Kio was terminated by Pruvit however, Blackburn voluntarily terminated her Pruvit distributorship “on or about July 14, 2023”.

Nonetheless Pruvit’s allegations against Blackburn are essentially the same.

Defendant has recruited current Pravers to join Green Compass via Facebook posts and personal interactions.

Defendant’s various online and social media accounts are replete with examples of such breaches.

Defendant has posted videos promoting Green Compass over Pruvit and invited current Pravers to participate and comment.

Once again Pruvit is seeking an injunction against Blackburn, over a million in exemplary damages and legal costs.

Broadly speaking failing MLM companies suing distributors after they leave is not only not a good look, it also doesn’t work.

These disputes are typically settled confidentially, leaving downlines and the public to connect the dots.

Personally I’m of the opinion that resources expended going after Pruvit distributors would far better be spent examining why, as disclosed by Rutherford, Pruvit’s commissions have tanked.

I’ve added all three of Pruvit’s lawsuits to BehindMLM calendar. Stay tuned for updates as we continue to track the cases.

 

Update 20th September 2023 – Brianna Blackburn has been in touch to advise she “was actually only a rank 6 when I left the company so I wasn’t ownership pool qualified.”

 

Update 16th October 2023 – Pruvit and Casey Kio have reached a settlement.

Pruvit filed notice of a settlement on October 9th. The court has ordered the parties to file “all papers necessary for the closing of this case” by November 10th.

I’m not anticipating learning whether the settlement was favorable towards which party, so I’ll probably just leave it as an update over a new article.

 

Update 11th November 2023 – The November 10th deadline in Casey Kio’s Pruvit case has been missed.

A Status Report filed on November 11th by Kio provides some insight into the settlement;

The parties have been diligent in finalizing closing documents which will include a permanent injunction.

The permanent injunction includes requirements of Defendant removing certain individuals from her social media accounts.

Defendant’s social media accounts include tens of thousands of individuals. Despite diligent efforts by the parties, the parties have been unable to complete the analysis of the individuals.

The parties anticipate submitting closing documents to the Court by November 24, 2023.

I’ll check back for an update on November 25th.

 

Update 24th November 2023 – Following a Joint Motion requesting a permanent injunction and final judgment in late September, Pruvit’s case against Alexis Brady has been settled.

As per the terms of Brady’s settlement, she is prohibited from inducing Pruvit customers and distributors from “terminat(ing) his/her/its business relationship with Pruvit”. This includes initiating recruitment of Pruvit distributors into any other MLM company.

Brady is further enjoined from inducing a Pruvit distributor to violate their Pruvit distributor agreement.

Finally,

By October 2, 2023, Brady shall remove all posts promoting or relating to Pruvit’s goods or services on all social media maintained or directed by Brady.

On or before October 2, 2023, Brady shall “unfriend” everyone on the list whom she knows to be an existing Pruvit customer or promoter.

Brady shall not accept friend or follow requests from any person that she knows to be an existing Pruvit customer/promoter until July 18, 2024, on any social media site maintained or directed by Brady.

The court approved the joint motion and entered final judgment on November 1st. The judgment dismisses Pruvit’s case, as per the terms of the reached settlement.

 

Update 11th December 2023 – A joint motion to enter an injunction in Casey Kio’s case was filed on November 22nd. An order on the motion remains pending.

 

Update 31st December 2023 – An “agreed permanent injunction” was filed against Casey Kio on December 19th.

As per the agreed injunction, Kio is prohibited from soliciting Pruvit distributors till August 9th, 2024.

 

Update 11th October 2024 – Following a September 18th joint motion seeking approval of a consent judgment, an “agreed final judgment” was filed against Brianna Blackburn on October 4th.

As per the terms of Blackburn’s judgment, she will pay Pruvit $2500. The terms of Blackburn’s consented injunction prohibit her from:

  • causing a Pruvit promoter to “violate of breach the terms of [their] contract with Pruvit;
  • disclosing any confidential and/or proprietary information pertaining to Pruvit; and
  • using Pruvit’s name or logo for the purpose of “advertising, promoting or selling a non-Pruvit” product

With all three defendants having settled, this brings BehindMLM’s coverage of Pruvit’s September 2023 distributor lawsuits to a close.