|Received:||6/22/2006 7:23:49 PM|
|Subject:||Business Opportunity Rule|
|Title:||Notice of Proposed Rulemaking|
|CFR Citation:||16 CFR Part 437|
Comments:I want to thank the FTC for providing this link so that I can express my concerns regarding the Business Opportunity Rule, R511993. Firstly, I'd like to thank the FTC and others for looking for ways to stop illegitimate business and scammers from harming the citizens of the United States. That there are such people out there willing to take advantage of individuals is reprehensible and I applaud you for trying to find the right steps to halt those practices. However, there are a couple of points in your proposal that I think will harm those of us who make a legitimate living from the direct sales and independent distribution of products and services. I am a stay at home Mom thanks to my being able to supplement my husband's income from several businesses out of my home. Without an opportunity like direct sales I would have had to go back to a job which would have put my children into a situation where they would have been raised by a babysitter/child care. To repeat a phrase I've heard: If my husband wanted child care workers to raise his children, he would have married the child care worker. ; ) There are some issues raised in your proposal that will make my business very difficult to continue. #1 References: I am very concerned about having to reveal 10 references in the area of the potential buyer of my product. Firstly I have grave privacy questions. This would, by law, make my personal information available to any and everyone. I am most concerned about the scammers. They will now have an incredibly easy way to get my information...just pretend to be a potential customer to 5 different sales representatives and you have 50 names and contact information to try to scam. Secondly, if someone calls me from another state, I have to reveal the private contact information for 10 people closer to my potential client. What stops that person from going with a 'local' contact? This law may have just cost me business. I don't even want to contemplate the potential legal ramifications of that... #2 Earnings Claims The whole premises behind scammers is to lie. Why would they not just lie about this as well? What part of this differentiates the legitimate businessman(woman) from the scammer? I, personally, have been taught to not give earnings claims. I tell people that, just like any other job, it takes hard work to earn your paycheck. #3 Litigation Reporting In today’s litigious world, this could take up pages. Environmentalists will not like the amount of trees sacrificed for such an action as this. : ) Seriously...I would ask that you consider that if this is really necessary, the outcome of the litigation should be part of that record. Honestly, in this day where a person can sue a restaurant establishment for serving hot coffee, or a burglar can sue their intended victim when they slip and fall while stealing the family silver...such litigation reporting could easily be contrived by competition. #4 7 day waiting period I honestly think that this could be considered restraint of fair trade. I'm not looking to get people into a business like mine for kicks. I am offering a legitimate business opportunity. For me to come in and say that the FTC restricts me from getting them started in their own business not only casts a bad light upon all direct sales businesses, but possibly will discourage people from striking off on their own part-time business. There are such a wide range of business opportunities out there. Some opportunities require thousands of dollars in up-front investment...some are free enrollment or minimal investment. No matter the cost, people should do their homework and due diligence before starting any kind of business. I want to thank you for taking the time to read my concerns regarding this proposal. Finding and punishing those responsible for crimes against others is a worthy and difficult job. I ask that you not suppress my business in striving for your goal.