Modere has filed a federal lawsuit in Utah, accusing several former “high-ranking distributors” of poaching for Frequense.

Named Defendants in Modere’s lawsuit are:

  • Amber DeLoof
  • DeBoss Marketing Inc., a Maryland company owned by Amber DeLoof
  • Brynn Lang
  • BNL LLC, a Mississippi company owned by Brynn Lang
  • Marina Simone and
  • Body Fuel Unlimited Inc., a Florida company owned by Marina Simone

Modere alleges the above parties violated their “contractual and legal obligations” to the company, by

willfully and intentionally soliciting thousands of Modere distributors to leave and join a competitive network marketing company based in Texas known as “Frequense.”

Notably, Modere has not named Frequense as a defendant in its lawsuit.

Frequense is a LaCore Enterprises MLM company that launched a few months ago. The company is fronted by CEO Barb Pitcock and husband Dave (below).

At the heart of Modere’s lawsuit is the claim DeLoof, Lang and Simone were

provided access to valuable company data and critical relationships through which they built their businesses and received significant compensation, all with substantial assistance, investment, and specialized training from the company.

In return, they promised not to misappropriate Modere’s confidential information, and not to solicit Modere’s distributors and customers to any competing company at any time during the term of their distributorships and for 12 months following termination of their relationships with the company.

Modere’s lawsuit also details “Elite Black” and “Platinum Black” deals with DeLoof, Lang and Simone, “under which they received significant additional compensation.”

In addition to the regular Policies and Procedures 12 month bar, one of the clauses in these secret backroom deals was allegedly

a 90-day non-competition covenant under which they promised not to join, recruit for, or promote any competing network marketing company for 90 days following the termination of their relationships with Modere.

In light of DeLoof, Lang and Simone leaving Modere, the company claims the trio

are brazenly violating their contractual obligations, raiding their former downline organizations, and actively soliciting Modere distributors—including high-profile, top-tier distributors—to join Frequense.

Plans to raid Modere for Frequense recruitment are alleged to have begun well before Frequense launched.

During their last several months with Modere, while using Modere’s goodwill to continue building their businesses and enjoying substantial commission and bonus payments, Defendants were, it turns out, secretly establishing a new competing network marketing company, Frequense.

On information and belief, Defendants were also plotting how best to raid their respective Modere downlines and solicit other Modere distributors to follow them when Frequense launched.

It’s unclear what prompted DeLoof, Lang and Simone to plan leaving Modere, but BehindMLM notes a steady decline in Modere’s website traffic over the past few months.

After resigning from Modere, Defendants immediately took to their social media accounts—the same social media accounts through which they had been promoting and marketing Modere products and opportunities—and began openly and systematically soliciting for, marketing, and promoting Frequense and its headlining product: mushroom juice.

Modere’s Complaint documents what is presented as evidence of DeLoof’s, Lang’s and Simone’s raiding.

February 7, 2024. Just five days after their resignations, Frequense posted images of DeLoof, Lang, and Simone in three separate Facebook posts and congratulated each of Defendants for achieving high sales of Frequense’s products.

An additional thirty-five examples are cited, spanning February and March 2024.

As a result of DeLoof’s, Lang’s and Simone’s alleged documented conduct, Modere claims they

have been successful in their efforts to enroll dozens of other high-level Modere distributors in Frequense.

Modere is receiving frequent and alarming reports of additional high-level distributors defecting to Frequense in direct response to Defendants’ recruitment efforts.

The result has been a widespread and irreplaceable loss of trust throughout Modere’s distributor network and damage to Modere’s business goodwill.

Causes of action filed by Modere against DeLoof, Lang and Simone include breach of contract (three causes), and unjust enrichment.

Relief sought by Modere includes:

  • monetary damages
  • disgorgement “of the value of all benefits inequitably bestowed upon Defendants by Modere” and
  • pre- and post-judgment interest

Modere is also seeking an injunction, restraining DeLoof, Lang and Simone from continuing to allegedly pillage Modere to build Frequense.

Defendants’ wrongful conduct is causing immediate, incalculable, and irreparable harm to Modere’s business, relationships with distributors, business goodwill, and intellectual property rights, warranting immediate and interim injunctive relief.

The longer Defendants’ conduct goes unabated, the more serious that harm becomes for Modere and its distributors.

Modere’s lawsuit was filed on March 22nd. A decision on the requested TRO and preliminary injunction, pending the outcome of the case, remains pending.

Stay tuned for updates as BehindMLM continues to track the case.

 

Update 28th May 2024 – Modere has failed to obtain a TRO or preliminary injunction.

 

Update 3rd July 2024 – Modere has abandoned its Frequence cross-recruiter lawsuit.