|Received:||7/1/2006 5:20:30 PM|
|Organization:||Photomax (division of Nuskin)|
|Subject:||Business Opportunity Rule|
|Title:||Notice of Proposed Rulemaking|
|CFR Citation:||16 CFR Part 437|
Comments:Your proposed rule will do far more to hurt existing, legitimate businesses and business owners, than it will do to help prospective business owners avoid unethical operators. Legislating that all prospective business owners are given documentation stating how many failures have occurred before them would be a very damaging thing to this legitimate industry. Furthermore, providing them that kind of information is also almost completely irrelevant. Would you legislate that all aspiring Olympic athletes, with dreams in their eyes of their potential, must be given documentation stating that they will fall a million times, get injured a million times, and that 99% of them won't make it to the Olympic podium, and that thousands and thousands of them have failed to reach their dreams in the last 2 years? Would you legislate that all couples, before they get married, with love in their eyes, must be given documentation stating that over 50% of marriages end in divorce, and that thousand and thousands of other married couples have failed to stay married in the last 2 years? Of course we don't do this. Why? Because when it comes to your ability to achieve a result, it often doesn't matter how many people have failed at something before you. Examples are Christopher Columbus, Thomas Edison, and anyone who's achieved something of any significance in the history of the world where others before them had failed. How many people failed trying to do what they eventually accomplished was IRRELEVANT to them, and only served to distract them from their intention. And we and the world is a better place for their courage, and their steadfast belief (DESPITE contrary data or public opinions) in their own abilities and intentions. I applaud that the FTC wants to ensure less fraudulent activity and practices are done in our industry. That is a noble and valid intention. Absolutely. But, using this kind of legislation to hamper and hinder the efforts of a few fraudulent operators in an industry filled with a vast majority of operators who operate with integrity is like carpet-bombing a city to destroy one house. It's a crude, blunt, and extremely damaging approach. In summary, I'm fascinated how you guys came up with such a weak, inept approach, given your noble intentions. I'm a little embarrased for you. And how silly will you look if this measure somehow gets implemented and the public opinion of the masses really does start to show itself as their businesses get impacted, leading to the repealling of your legislation? After all your analysis, work, and effort, it'll all amount to a grand, public embarrassment. For your sakes, I hope you figure out a way to avoid all of this. I, for one, am SO grateful that I was NOT presented information detailing how many other people had failed in my company in the 2 years prior to me starting my own business. I might have gotten discouraged, and might have given up on my dreams. Thankfully, however, I was not presented with ANY information that distracted me from what I am able to accomplish here, and what others before me have accomplished. How many people had to break the 4-minute mile barrier before others new it was do-able? Only one. So, since I saw people in this company who had the lifestyle that I had dreamed of, I knew it was possible. My dream is financial freedom, and I'm on my way. How many people have to achieve it for me to believe it's real? Only one. How many other people will fail during the time I take action towards my dreams? Who cares! I don't feel you have the right to mess with people's dreams, and that's what this legislation will do. You'll be crushing the hopes of so many people. Un-necessarily. Again, I applaud your intention. But, I plead with you to find a more constructive and empowering approach that will benefit everyone. Sincerely, Marc G. Audy Business Owner for the last 4.5 years.