| Comment Number: | 522418-02846 |
| Received: | 6/16/2006 3:11:58 PM |
| Organization: | Creative Memories |
| Commenter: | Cheryl MacLeod |
| State: | FL |
| Subject: | Business Opportunity Rule |
| Title: | Notice of Proposed Rulemaking |
| CFR Citation: | 16 CFR Part 437 |
| No Attachments |
Comments:
Federal Trade Commission/Office of the Secretary Room H-135 To Whom It May Concern: I am writing because I am VERY concerned about a proposed Business Opportunity Rule R%11993. I believe in its present form, it could prevent me from continuing to run a successful Creative Memories business. I understand that the FTC’s responsibility is to protect the public from ‘unfair and deceptive acts or practices,’ but some of the sections of the proposed rule will make it very difficult if not impossible for me to sell and recruit for Creative Memories. One of the biggest concerns I have has to do with the section in the proposed rule that states a person should wait seven days to enroll as a new consultant. CM's start up cost is just $195 plus tax. People purchase TV’s,cars, and other items that cost far more than that and they do not have to wait 7 days to take ownership of those large ticket items. This proposed waiting period gives the impression that there might be something wrong with our product. I have been selling Creative Memories product now for 12 years. Creative Memories helped me to be able to stay home with my children and has helped my family financially and has CM hasdone the same for many others. I have grown as a person, wife, mother and leader over the past twelve years and it's due in great part to having my own Creative Memories business. My family depends on this income and your proposal would negatively affect that income. The proposed rule also calls for the release of any information regarding lawsuits involving misrepresentation, or unfair or deceptive practices. It does not matter if the company was found innocent. Today, anyone or any company can be sued for almost anything. It does not make sense to me that I would have to disclose these lawsuits unless Creative Memories was found guilty. Otherwise, Creative Memories and I are put at an unfair advantage even though neither of us has done anything wrong. Finally, the proposed rule requires the disclosure of a minimum of 10 prior purchasers nearest to the prospective purchase. This totally unreasonable!! How would a new consultant ever get started? If I am in a department store I do not request the personal information on the last 10 people that were in line ahead of me. How can this possibly be considered fair for the self-employed direct seller? This could be detrimental to anyone involved in supplying this information considering the rampant identity theft that is taking place in our country today. How would I ever build a customer base?? I am asked many times when new customers give me their information to make sure I keep it confidential, you are asking me to break that confidence. I feel that this proposed rule has many unintended consequences. There must be alternatives available that would protect the consumer as well as the direct selling consultants. Thank you for allowing me to express my concerns. Sincerely, Cheryl A. MacLeod Creative Memories Senior Unit Leader