| Comment Number: | 522418-07279 |
| Received: | 7/10/2006 10:43:18 AM |
| Organization: | Take Shape For Life - My Company is Health By Design |
| Commenter: | Martha N. Hennessy Hennessy |
| State: | TN |
| Subject: | Business Opportunity Rule |
| Title: | Notice of Proposed Rulemaking |
| CFR Citation: | 16 CFR Part 437 |
| Attachment: | 522418-07279.pdf Download Adobe Reader |
Comments:
Martha N. Hennessy Health By Design July 10, 2006 Federal Trade Commission/Office of the Secretary, Room H-135 (Annex W) Re: Business Opportunity Rule, R511993 600 Pennsylvania Avenue, NW Washington, DC 20580 RE: Business Opportunity Rule, R511993 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 Take Shape for Life Health Advisor. I understand that part of the FTCs responsibilities is to protect the public from unfair and deceptive acts or practices, but some of the sections in the proposed rule will make it very difficult if not impossible for me to sell Take Shape for Life products. The proposed rule 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 Take Shape for Life is found guilty. Otherwise, Take Shape for Life and I are put at an unfair advantage even though Take Shape for Life 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 Take Shape for Life 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. This is a violations of their privacy and should not be a practice used in business. I would not allow it personally, and do not feel it is right to ask someone else to provide something, I myself, do not agree with. I have been a Take Shape for Life Health Advisor for more than two years. Originally, I became a Take Shape for Life Health Advisor because I had had a fall and needed to lose weight in order to continue working. I liked the products and found that I was able to successfully lose the weight and continue to be ambulatory. With 65% of the population in need of such help and seeing what it had done for me personally, I decided what a great opportunity to help others and earn an income too. I am my ONLY support and my livelihood depends on this income to earning my living. I appreciate the work of the FTC to protect consumers, but I believe this proposed new rule has many unintended consequences and that there are less burdensome alternatives available in achieving its goals. We need to remember that what made this country great and keeps us great, our the opportunities in this country we provide to others. And, that more than 80 percent of business is comprised of SMALL business. While, I am certain this ruling is not intended to hurt us small business owners, it is too far reaching in the discloser of other peoples privacy and its interference with their rights. Thank you for your time in considering my comments. Best Regards, Martha N. Hennessy Health By Design