|Received:||7/17/2006 11:22:54 AM|
|Subject:||Business Opportunity Rule|
|Title:||Notice of Proposed Rulemaking|
|CFR Citation:||16 CFR Part 437|
Comments:Timing Provision 7. Proposed section 437.2 A timing restriction for a prospective purchaser to decide violates the purchaser’s right to act on their decision to purchase in a fashion which suits their needs and personality. Where some individuals may benefit by delaying their decision, many individuals prosper by taking immediate action. The Timing Provision is a matter of personality traits. Decisions to delay decisions are an individual’s right to decide. The right to act on impulse is what makes free enterprise work. 14. Proposed section 437.3(a)(3) The completeness and accuracy of any legal allegations needs to be clearly defined. The complete disclosure of legal allegations should be made available by the seller, upon request of the prospective purchaser, and should NOT be an express requirement. 7.Proposed section 437.3(a)(6) The disclosure of prior purchasers is a violation of the privacy of the prior purchasers. The Health Information Privacy Act restricts the disclosure of any of individual’s personal information, contact or otherwise. Compliance has the health community doing everything possible to prevent even the accidental exposure of an individual’s information. An individual’s financial health and financial decisions should be protected with the same conviction. 19. Proposed section 437.3(b) Disclosure of contact information to unknown parties, without making those parties known to the contact person, is a violation of the contact person’s privacy. 20. Disclosure of contact information to unknown parties is a violation of the contact person’s privacy and any attempts to require such violations must be STOPPED! Earnings Claims 22. Proposed section 437.4(a)(4) Earnings claims should be limited to mathematical calculations of the specific business model. Individual earning are subject to the personality, motivations and level of action of the prospective purchaser. 23. Proposed section 437.4(c) Dissemination of industry financial, earning, or performance information. Such information should be made available by the seller to regulatory agencies for the purpose of assisting the seller in providing a fair and honest representation of the business opportunity. Dissemination of such information to prospective purchasers could limit the imagination of the prospective purchaser. The purpose of regulatory agencies is to enhance the free enterprise system by defining fair and honest business practices, not legislating a preconceived thinking model.