| Comment Number: | 522418-03320 |
| Received: | 6/19/2006 9:36:39 AM |
| Organization: | Xango |
| Commenter: | Edna Richards |
| State: | RI |
| Subject: | Business Opportunity Rule |
| Title: | Notice of Proposed Rulemaking |
| CFR Citation: | 16 CFR Part 437 |
| No Attachments |
Comments:
Dear Sir or Madam: I am writing this letter because I am concerned about the proposed Business Opportunity Rule R511993. I believe that in its present form, it could prevent me from continuing as a Xango Distributor. I understand that part of the FTC’s responsibilities is to protect the public from “unfair and deceptive acts or practices,” yet some of the sections in the proposed rule will make it very difficult, if not impossible, for me to sell Xango products. I have been a Distributor for a little over three months. I became a Distributor in my company because I felt the product is exceptional and I wanted to earn some additional income. While I am very new to Network Marketing I find it very exciting that I, as a single Mom, can start up my own business for very little capital and not only work with very ethical people but have a team of people working with me who truly care about people and are always willing to work with you. There is no other way I can start my own business outside of Network Marketing without substantial capital outlay which I presently do not have. This opportunity has allowed me to have better health, because of the product, and to earn extra money while introducing people to a great company. I am very proud of this company and all that Xango stands for. One of the most confusing and burdensome sections of the proposed rule is the seven-day waiting period to enroll new Distributors in Xango. To become a distributor there is a membership fee of $35.00. People buy TVs, cars, and other items that cost much more and they do not have to wait seven days. This waiting period gives the impression that there might be something wrong with the company or the compensation plan. I also think this seven-day waiting period is unnecessary, because Xango already has a 100% money back guarantee on any juice purchased within the first 30 days. If you do not like the product you only have to call the company and they will refund you your purchase price of the juice. After the 30 days they also have a buy back policy on any unopened bottles. Under this waiting period requirement, I will need to keep very detailed records when I first speak to someone about Xango and will then need to send in many reports to my company headquarters. 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 Xango is found guilty. Otherwise, Xango and I are put at an unfair advantage even though Xango has done nothing wrong. Finally, the proposed rule requires the disclosure of a minimum of 10 prior purchasers nearest to the prospective purchaser. I am glad to provide references, but in this day of identity theft, I am very uncomfortable giving out the personal information of individuals (without their approval) to strangers. Also, giving away this information could damage the business relationship of the references who may be involved in other companies or businesses including those of competitors. In order to get the list of the 10 prior purchasers, I will need to send the address of the prospective purchaser to Xango headquarters and then wait for the list. I also think the following sentence required by the proposed rule will prevent many people from wanting to sign up as a salesperson - “If you buy a business opportunity from the seller, your contact information can be disclosed in the future to other buyers.” People are very concerned about their privacy and identity theft. They will be reluctant to share their personal information with individuals they may have never met. I appreciate the work that the FTC does to protect consumers, yet I believe this proposed new rule has many unintended consequences and there are less burdensome alternatives available to achieving your goals. Thank you for your time in considering my comments. Respectfully, Edna L. Richards, Xango Independent Distributor