If you purchased an indexed universal life (IUL) insurance policy from Family First Life and were misled about its performance, risks, or benefits, you may have grounds for a lawsuit. Family First Life, a multi-level marketing insurance company, has faced significant regulatory scrutiny and legal action for deceptive sales practices related to IUL policies.
At RP Legal LLC, our experienced attorneys have recovered over $100 million for clients harmed by fraudulent investment and insurance practices. We understand the complex nature of these cases and have the experience to help you recover your losses. If you believe you were a victim of Family First Life IUL fraud, contact us today for a free consultation.
Understanding Family First Life IUL Fraud Claims
What is Family First Life?
Family First Life is a multi-level marketing (MLM) insurance company that focuses primarily on selling indexed universal life insurance policies. The company operates through a network of agents who recruit others to sell insurance products, creating a pyramid-like structure typical of MLM organizations.
The company has built its business model around aggressive sales tactics and recruitment strategies. Additionally, they often target specific demographics including immigrants, minorities, and young adults. Family First Life agents frequently promote IUL policies as investment products rather than insurance, using misleading marketing claims to attract customers.
Family First Life has faced regulatory enforcement actions and consumer complaints related to its sales practices. Furthermore, the company’s approach to selling IUL policies has drawn criticism from regulators and consumer protection agencies for misleading representations about policy performance and benefits.
Common IUL Fraud Tactics Used by Family First Life Agents
Family First Life agents employ several deceptive tactics when selling IUL policies. They often misrepresent these complex insurance products as simple investment vehicles. Understanding these tactics can help you identify whether you were a victim of investment fraud.
Misrepresenting IUL Policies as Investment Products: Agents often present IUL policies as investment opportunities rather than insurance products. They fail to explain the primary purpose of life insurance protection. Additionally, they may compare IULs to stocks, bonds, or retirement accounts without disclosing the fundamental differences in structure and purpose.
Promising “Tax-Free Retirement Income”: One of the most common deceptive practices involves promoting IUL policies as sources of tax-free retirement income. Agents make misleading comparisons to Roth IRAs and other retirement vehicles. However, they fail to explain the risks of policy loans, including the potential for policy collapse if loans exceed the policy’s cash value.
Using “Be Your Own Bank” Marketing Claims: Family First Life agents frequently promote the concept of using policy loans as a wealth-building strategy. They suggest customers can “be their own bank” by borrowing against their policy’s cash value. This marketing tactic fails to explain that policy loans reduce the death benefit and can cause the policy to lapse if not properly managed.
Overstating Potential Returns in Policy Illustrations: Agents often use policy illustrations that show unrealistic return projections based on historical market performance. They fail to explain the impact of caps, spreads, and fees that limit actual returns. These illustrations can be misleading and create false expectations about policy performance.
Targeting Vulnerable Populations: Family First Life has been criticized for targeting immigrants, minorities, and young adults who may be less familiar with complex financial products. The company’s MLM structure incentivizes agents to recruit within their communities. Furthermore, they often exploit trust relationships to make sales.
Regulatory Actions Against Family First Life
Family First Life has faced significant regulatory scrutiny and enforcement actions related to its business practices and marketing tactics.
2021 FTC Cease and Desist Letter: On December 27, 2021, the Federal Trade Commission issued a cease and desist letter to Family First Life for unlawful earnings misrepresentations. The FTC found that the company made false and unsubstantiated claims about potential earnings and income opportunities for its agents. This included social media posts claiming agents could “Make your WEEKLY salary in ONE DAY” and showing “$40k in a month” commission checks without adequate substantiation.
Class Action Lawsuits: Family First Life has been named in class action lawsuits alleging fraudulent business practices. The Birch v. Family First Life case was filed in June 2022 in the Southern District of California. This case alleged insurance lead fraud and deceptive marketing practices. However, the case was dismissed on jurisdictional grounds in December 2023.
Legal Grounds for Family First Life IUL Lawsuits
Misrepresentation of Policy Performance
One of the primary legal grounds for Family First Life IUL fraud lawsuits involves misrepresentation of how these policies actually perform. Agents often make false claims about guaranteed returns, present misleading policy illustrations, and fail to explain the impact of cap rates and fees on policy performance.
False Claims About Guaranteed Returns: Many Family First Life agents tell customers that IUL policies provide guaranteed returns or protection against market losses. While IUL policies typically have a floor that prevents negative returns, they also have caps that limit upside potential. Additionally, various fees can erode cash value growth.
Misleading Policy Illustrations: Policy illustrations used by Family First Life agents often show projected returns based on historical market performance. They fail to adequately explain that past performance does not guarantee future results. These illustrations may use unrealistic assumptions about future market conditions and fail to show the impact of fees and charges.
Failure to Explain Cap Rates and Fees: IUL policies have complex fee structures and cap rates that significantly impact performance. Agents who fail to explain these limitations may be liable for misrepresentation. This is particularly true if they suggest the policy will perform like a direct market investment.
Failure to Disclose Risks and Fees
Family First Life agents have a duty to disclose all material risks and fees associated with IUL policies. Failure to provide adequate disclosure can form the basis for securities fraud claims.
Hidden Insurance Costs: IUL policies have ongoing insurance costs that increase over time, particularly as the insured ages. Agents who fail to explain these costs and their impact on cash value accumulation may be liable for inadequate disclosure.
Policy Lapse Risks: If policy loans and fees exceed the cash value, the policy can lapse. This leaves the customer without insurance coverage and potentially creates a taxable event. Agents must explain these risks when promoting policy loans as a retirement income strategy.
Loan Default Consequences: Policy loans that are not repaid can have serious consequences, including policy termination and unexpected tax liability. Agents who promote the “be your own bank” concept without explaining these risks may be liable for fraud.
Unsuitable Product Recommendations
Insurance agents have a duty to recommend suitable products based on their customers’ financial situations and needs. Selling IUL policies to inappropriate customers can form the basis for suitability claims.
Selling IULs to Inappropriate Customers: IUL policies are complex products that may not be suitable for all customers. Selling these policies to individuals who cannot afford the premiums, don’t need life insurance, or don’t understand the risks may constitute unsuitable recommendations.
Ignoring Client Financial Situations: Agents who fail to conduct proper suitability analysis or ignore their customers’ financial circumstances when recommending IUL policies may be liable for unsuitable sales practices.
Recommending Excessive Premium Payments: Some agents encourage customers to pay excessive premiums to maximize commissions. They do this without regard to the customer’s ability to sustain these payments over time.
Breach of Fiduciary Duty Claims
Insurance agents owe fiduciary duties to their customers, including the duty to act in their interests and provide honest, complete information about insurance products.
Agent Misconduct and Negligence: Agents who engage in deceptive practices, make false representations, or fail to provide adequate information about IUL policies may be liable for breach of fiduciary duty.
Prioritizing Commissions Over Client Interests: The MLM structure of Family First Life creates incentives for agents to prioritize their own financial interests over their customers’ needs. This conflict of interest can form the basis for fiduciary duty claims.
Failure to Provide Adequate Supervision: Insurance companies have a duty to supervise their agents. They must work to help them comply with applicable laws and regulations. Failure to provide adequate supervision can result in liability for the company.
Family First Life IUL Fraud Warning Signs
“Tax-Free Retirement Income” Promises
One of the most common warning signs of Family First Life IUL fraud involves promises of tax-free retirement income without adequate disclosure of risks and limitations.
Misleading Comparisons to Roth IRAs: Agents often compare IUL policy loans to Roth IRA distributions, suggesting they provide similar tax benefits. However, policy loans are fundamentally different from Roth distributions and carry significant risks that agents often fail to explain.
Ignoring Loan Default Risks: When promoting IUL policies as sources of retirement income, agents frequently fail to explain that unpaid policy loans can cause the policy to lapse. This can potentially create unexpected tax liability and leave the customer without insurance coverage.
Overstating Tax Advantages: While policy loans may be tax-free under current law, this treatment depends on the policy remaining in force and meeting certain requirements. Agents who overstate these tax advantages without explaining the conditions and risks may be engaging in fraudulent practices.
“Be Your Own Bank” Marketing Claims
The “be your own bank” concept is a popular marketing strategy used by Family First Life agents. However, it often involves misleading representations about how policy loans actually work.
Promoting Policy Loans as Wealth-Building Tools: Agents often suggest that customers can build wealth by borrowing against their IUL policies and investing the proceeds elsewhere. This strategy carries significant risks that agents frequently fail to explain. These include the potential for policy collapse if investments perform poorly.
Failing to Explain Death Benefit Reductions: Policy loans reduce the death benefit dollar-for-dollar. This means the insurance protection decreases as loans increase. Agents who fail to explain this impact may be liable for inadequate disclosure.
Ignoring Policy Collapse Risks: If policy loans and accrued interest exceed the policy’s cash value, the policy will collapse. This can potentially create a large taxable event. Agents who promote aggressive borrowing strategies without explaining these risks may be engaging in fraudulent practices.
Unrealistic Return Projections
Family First Life agents often use unrealistic return projections to make IUL policies appear more attractive than they actually are.
Using Inflated Historical Performance: Agents may show historical market returns without explaining that IUL policies don’t directly participate in market gains due to caps, spreads, and fees. This can create false expectations about policy performance.
Ignoring Market Volatility Impacts: IUL policies are subject to market volatility. Poor market performance can significantly impact cash value growth. Agents who fail to explain these risks or show only positive scenarios may be engaging in deceptive practices.
Failing to Explain Cap and Spread Limitations: IUL policies have caps that limit upside potential and spreads that reduce credited returns. Agents who fail to adequately explain these limitations or their impact on policy performance may be liable for misrepresentation.
High-Pressure Sales Tactics
Family First Life’s MLM structure often leads to high-pressure sales tactics that can be warning signs of fraudulent practices.
Limited-Time Offers and Urgency: Agents may create artificial urgency by claiming that policy terms or pricing will change. They pressure customers to make quick decisions without adequate time to review and understand the product.
Targeting Demographics: The company’s focus on recruiting within communities can lead to exploitation of trust relationships and cultural connections. This can result in sales to individuals who may not fully understand the products.
Recruitment-Focused Sales Approach: The MLM structure incentivizes agents to recruit others to sell insurance. This can lead to situations where inexperienced agents make sales without adequate training or understanding of the products they’re selling.
Recent Family First Life Legal Actions and Settlements
FTC Cease and Desist Letter (2021)
On December 27, 2021, the Federal Trade Commission issued a significant enforcement action against Family First Life. This action highlighted the company’s problematic business practices.
Federal Trade Commission Enforcement Action: The FTC’s cease and desist letter addressed Family First Life’s unlawful earnings misrepresentations. The FTC found that the company made false and unsubstantiated claims about potential earnings and income opportunities for MLM participants.
Violations of Earnings Misrepresentation Rules: The FTC determined that Family First Life violated federal regulations by making misleading claims about the income potential for agents. This was particularly evident through social media posts showing large commission checks and claims about daily earnings without proper substantiation.
Required Changes to Marketing Practices: As a result of the FTC action, Family First Life was required to modify its marketing practices. They must work to help all earnings claims are substantiated and not misleading to potential agents and customers.
Class Action Lawsuits Against Family First Life
Family First Life has faced class action lawsuits alleging various forms of fraudulent business practices and regulatory violations.
Birch v. Family First Life (2022): This class action lawsuit was filed on June 3, 2022, in the Southern District of California (Case No. 3:2022cv00815). The case alleged insurance lead fraud and deceptive marketing practices. However, the case was dismissed on jurisdictional grounds on December 14, 2023. Nevertheless, it highlighted concerns about the company’s business practices.
Additional Litigation: Family First Life has been involved in various other legal disputes. These include breach of contract cases and recruitment-related litigation with other MLM insurance companies.
How to File a Family First Life IUL Fraud Lawsuit
Documenting Your IUL Fraud Case
Building a strong Family First Life IUL fraud case requires careful documentation of all relevant evidence and communications.
Gathering Policy Documents and Illustrations: Collect all policy documents, including the original application, policy contract, and any illustrations or projections provided by your agent. These documents are important for establishing what was promised versus what was delivered.
Collecting Sales Presentations and Materials: Gather any sales materials, brochures, presentations, or marketing materials provided by your Family First Life agent. These materials often contain the misleading claims that form the basis of fraud allegations.
Recording Agent Communications and Promises: Document all communications with your agent, including emails, text messages, recorded calls, and notes from meetings. Pay particular attention to any promises made about policy performance, tax benefits, or investment returns.
Statute of Limitations for IUL Claims
Understanding the time limits for filing IUL fraud claims is important for protecting your legal rights.
State-Specific Filing Deadlines: Statute of limitations periods vary by state and type of claim. Most fraud claims must be filed within 2-6 years of discovery. However, specific deadlines depend on state law and the nature of your claims.
Discovery Rule Applications: Many states apply a “discovery rule” that starts the statute of limitations when you discovered or should have discovered the fraud, rather than when the policy was purchased. This can extend the time limit for filing claims in cases where the fraud was not immediately apparent.
Importance of Prompt Legal Action: Even if you believe you have time remaining under the statute of limitations, it’s important to consult with an experienced attorney promptly. Evidence can be lost over time, and early action can help preserve your rights and strengthen your case.
Working with Experienced IUL Attorneys
Choosing the right attorney is important for the success of your Family First Life IUL fraud case.
Choosing Attorneys with IUL Litigation Experience: IUL fraud cases are complex and require attorneys with experience in insurance litigation and securities law. Look for attorneys who have successfully handled similar cases and understand the details of IUL policies.
Understanding Contingency Fee Arrangements: Most IUL fraud cases are handled on a contingency fee basis. This means you don’t pay attorney fees unless your case is successful. Make sure you understand the fee structure and what expenses you may be responsible for during the litigation process.
Evaluating Case Strength and Potential Recovery: An experienced attorney can evaluate the strength of your case and provide realistic expectations about potential recovery. This evaluation should consider the evidence available, the applicable law, and the financial resources of the defendants.
Compensation Available in Family First Life IUL Cases
Recovery of Premium Payments
One of the primary forms of compensation in Family First Life IUL fraud cases involves recovery of premium payments made on fraudulent policies.
Full or Partial Premium Refunds: Depending on the circumstances of your case, you may be entitled to recover all or a portion of the premiums you paid on your IUL policy. The amount of recovery depends on factors such as the extent of the fraud and the current value of your policy.
Interest on Recovered Amounts: In addition to premium refunds, you may be entitled to interest on the recovered amounts. This is calculated from the date of payment to the date of recovery. This helps compensate for the time value of money and the opportunity cost of the fraudulent investment.
Policy Surrender Value Adjustments: If your policy has cash value, the court may order adjustments to help you receive fair compensation. This accounts for the difference between what was promised and what was actually delivered.
Lost Investment Returns
Family First Life IUL fraud victims may also be entitled to compensation for lost investment returns that could have been earned if their money had been invested properly.
Opportunity Cost Calculations: Courts may award damages based on what your money could have earned if it had been invested in appropriate alternatives rather than the fraudulent IUL policy. This calculation typically uses benchmark returns from conservative investment options.
Alternative Investment Comparisons: Your attorney may present evidence showing how your money would have performed in legitimate investment vehicles. These include mutual funds, bonds, or other retirement savings options that would have been suitable for your situation.
Projected Retirement Income Losses: If you were relying on your IUL policy for retirement income, you may be entitled to compensation for the projected income losses resulting from the fraudulent sale.
Punitive Damages for Fraudulent Conduct
In cases involving particularly serious conduct, courts may award punitive damages designed to punish the wrongdoers and deter similar conduct in the future.
Willful Misconduct Penalties: Punitive damages are typically available when defendants engaged in willful, wanton, or malicious conduct. The MLM structure and aggressive sales tactics used by Family First Life may support claims for punitive damages in appropriate cases.
Deterrent Effect Considerations: Courts consider the deterrent effect of punitive damages when determining the appropriate amount. The goal is to impose a penalty sufficient to discourage similar conduct by the defendant and others in the industry.
State Law Damage Limitations: Some states have caps or limitations on punitive damages. This may affect the total amount of compensation available in your case. Your attorney can explain the limitations that apply in your jurisdiction.
Why Choose RP Legal LLC for Your Family First Life Case
Proven Track Record in IUL Litigation
RP Legal LLC has established itself as a recognized firm in IUL fraud litigation with a proven track record of success in complex insurance cases.
Over $100 Million Recovered for Clients: Our attorneys have recovered more than $100 million for clients harmed by fraudulent investment and insurance practices, including significant recoveries in IUL fraud cases. This substantial recovery demonstrates our ability to achieve meaningful results for our clients in even the most complex cases. View our case results to learn more about our successful recoveries.
Hundreds of IUL Cases Litigated Nationwide: We have handled hundreds of IUL fraud cases across the country. This gives us extensive experience with the various tactics used by insurance companies and agents to defraud consumers.
MDL Steering Committee Experience: Our attorneys have served on multidistrict litigation (MDL) steering committees. This provides leadership in complex class action cases and demonstrates our recognition by courts and peers as experienced attorneys in this area of law.
No Upfront Fees – Contingency Representation
We understand that victims of IUL fraud may be facing financial difficulties. This is why we handle these cases on a contingency fee basis.
No Attorney Fees Unless We Win: You don’t pay any attorney fees unless we successfully recover compensation for you. This arrangement aligns our interests with yours and helps us stay motivated to achieve the positive outcome for your case.
Free Initial Case Evaluation: We provide free consultations to evaluate your case and explain your legal options. During this consultation, we’ll review your policy documents and help you understand whether you have grounds for a lawsuit.
Transparent Fee Structure: We believe in transparency and will clearly explain our fee structure and any costs associated with your case. There are no hidden fees or surprise charges.
National IUL Fraud Experience
Our firm has the resources and experience to handle Family First Life IUL fraud cases in multiple states.
Handling Cases in 25+ States: Our attorneys have experience handling IUL fraud cases across the country. This allows us to represent clients in multiple jurisdictions where Family First Life policies were sold.
AV® Preeminent Martindale-Hubbell Rating: Our lead attorney Robert Rikard has earned the highest possible rating from Martindale-Hubbell. This reflects peer recognition of his legal knowledge, analytical capability, judgment, communication skills, and legal experience.
Featured in Wall Street Journal, USA Today, Financial Times: Our work has been recognized by major media outlets, including coverage of our IUL litigation efforts and consumer protection advocacy.
Contact us online or give us a call today: (803) 805-7546
Frequently Asked Questions About Family First Life IUL Lawsuits
Can I sue Family First Life for IUL fraud?
Yes, if you were misled about your IUL policy’s performance, risks, or benefits, you may have grounds for a lawsuit against Family First Life and/or your agent. Common claims include fraud, misrepresentation, breach of fiduciary duty, and unsuitable product recommendations. The strength of your case depends on the facts and evidence available.
What evidence do I need for a Family First Life lawsuit?
Key evidence includes your policy documents, original illustrations and projections, sales materials and presentations, communications with your agent, and documentation of any promises made about policy performance. The more documentation you have of what was promised versus what was delivered, the stronger your case will be.
How long do I have to file an IUL fraud claim?
The statute of limitations varies by state and type of claim, typically ranging from 2-6 years. Many states apply a “discovery rule” that starts the clock when you discovered or should have discovered the fraud. It’s important to consult with an attorney promptly to help protect your rights.
What compensation can I recover in a Family First Life case?
Potential compensation includes recovery of premium payments, interest on recovered amounts, lost investment returns, and in some cases punitive damages. The amount of recovery depends on factors such as the extent of the fraud, your financial losses, and the defendants’ ability to pay.
Do I need to pay attorney fees upfront for an IUL lawsuit?
No, we handle Family First Life IUL fraud cases on a contingency fee basis. This means you don’t pay attorney fees unless we successfully recover compensation for you. We also provide free initial consultations to evaluate your case.
How long does a Family First Life IUL lawsuit take?
The timeline varies depending on the complexity of your case and whether it settles or goes to trial. Simple cases may resolve in 6-12 months, while complex cases that go to trial can take 2-3 years or longer. We’ll keep you informed throughout the process and work to resolve your case as efficiently as possible.
Can I join a class action against Family First Life?
Class action opportunities depend on whether there are sufficient numbers of similarly situated victims and whether a class action is the most efficient way to resolve the claims. We’ll evaluate whether joining an existing class action or filing an individual lawsuit is the approach for your situation.
What makes an IUL sale fraudulent?
An IUL sale may be fraudulent if the agent made false representations about policy performance, failed to disclose material risks and fees, recommended an unsuitable product, or breached their fiduciary duty. Common fraudulent practices include promising guaranteed returns, misrepresenting tax benefits, and using misleading policy illustrations.