I mean, step 3 would be illegal... your question is impossible to answer, since you hand waive the illegal step as saying "they do it in such a way that the FTC isn't going to crack down on".

This is basically the equivalent of saying "How are you going to stop crime X if they commit crime X in a way that let's them get away with X?"

Either they find a way to enforce the rules against step 3, or they fail to do so. We can't know yet.