Comment Number: 522418-02244
Received: 6/15/2006 2:10:08 AM
Organization:
Commenter: Marlene Y. Bastian
State: OR
Subject: Business Opportunity Rule
Title: Notice of Proposed Rulemaking
CFR Citation: 16 CFR Part 437
No Attachments

Comments:

I just learned today about your proposed Bus Oppy Rule R511993. I believe some of the sections in your proposed rule are confusing, and some go above and beyond what is reasonable. Would you try to impose this rule on every business in America? Please take another look at what you are proposing and try not to burden the innocent just to try to hinder a few who might not be innocent of wrongdoing. We all market by word of mouth, recommending products, services, etc. to family and friends. Would you propose to regulate that? Direct marketing is not that different -- it just adds the possibility of a person who likes the products and services to become part of the business and make some extra money doing so. Lawsuits should only be disclosed if the party was found guilty. And I would not want to agree to having my contact information disclosed to others whom I do not know just because I chose to buy a business opportunity -- would you? Not to mention identity theft and/or breach of confidentiality. The record-keeping requirements are too stringent and a waste of time, paper and/or computer memory. There already are provisions for a person making a purchase to cancel and obtain a refund, and many companies already have a buy-back and refund policy. Why not just require all direct marketing companies to have them and disclose them to a person when they sign up or buy product? A seven day waiting period is too long and likely to make people think there is something wrong. Why not just give them the same time to cancel a business opportunity sign-up as to cancel the purchase of a product? I appreciate your efforts at the FTC to protect the public, buy why place burdens on those who are ethical and above-board in an attempt to hinder the few who are not? If you would not place these same rules on every business in America, then don't place them on the direct marketing industry. And if you would place them on every business in America, then you probably would put every business in this country out of business with this rule. Let's simplify, and make use of what already is out there to expose and prosecute what is being done wrongfully, and protect the businesses and people who are honest and ethical, even if they are in the direct marketing industry and make some extra money selling products and offering the opportunity to do the same to others. If every company had a return and buy-back policy, that would protect those who change their minds and give them back their money, wouldn't it? Of course, it goes without saying that returns need to be in "as new" condition so they can be resold to someone else. If you open it, use it, abuse it, or destroy it, you bought it -- hands down -- in any industry, in any business. And be sure you follow the directions -- no recourse if you didn't. Only defective products should be replaced at no charge -- no question on that one.