Comment Number: 522418-12353
Received: 7/17/2006 8:50:49 PM
Organization:
Commenter: Rod Haynes
State: FL
Subject: Business Opportunity Rule
Title: Notice of Proposed Rulemaking
CFR Citation: 16 CFR Part 437
No Attachments

Comments:

I have been a business owner, with what is now Quixtar, fir more then 15 years. During this same period I have been a Prosecutor. I have been involved with the identifying and removal of numerous business opportunities that were attempting to defraud their prospects. During this period the Quixtar business has been operating under the rules set out by your organization. Changing those rules will serve to harm the legitimate business while giving credence to the frauds. Your rules serve only to keep the honest business owner tied down while the dishonest business is going to claim they are following while they wait to fold with their profits. From the beginning every claim that the Quixtar representative, as well as the corporation, have made to me, have proven to be accurate. Why should your agency now try to dissuade people from becoming involved. To require evidence of all law suits that have been filed is paramount to attempting to scare people away. In this business there is a money back guaranty. A person has nothing to lose by giving the business a chance. Should a person wish to have this information then it is readily available via the Internet. It does not need to be rammed down their throats. In addition this would give greater strength to those that use frivolous lawsuits in order to harm others or to extort monies. As an attorney I can say that we do not need to plug the courts with even more frivolous actions that have to be litigated and then have to be reported as they exist. Would you then propose that before I purchase a car or a pair of pants that the seller has to disclose to me all of the lawsuits they have had over the last 10 years? Have we now concluded that people are to stupid to make an intelligent decision. This is not like buying a gun in the heat of anger. By dealing with a business that has a money back guarantee I am protected from my irrational decision making process. No one has ever forced or rushed me to make a decision with regard to this business. Giving them a chance to encounter others who may not have their best interest at heart and who will attempt to influence then to not give themselves an opportunity to succeed, smacks of attempting to suppress their chance of achieving their dreams. But to make it worse you want me to give them the names of ten others who may be more successful in the business, so that they can possibly choose to align themselves with someone else. A program that could prevent the growth of my business. In this business the support system allows my prospects to meet people of all levels of the business. It would be far better to make the educational meetings mandatory so that the prospect can meet the others involved. In Quixtar the prospect in encouraged to attend the business meetings and to meet the people. But not to seek out someone else with which to align themselves. Thus I would recommend that the waiting period be eliminated and that a money back policy be the requirement. I would eliminate the requirement to provide 10 references. I would eliminate the the requirement to disclose past litigation. Or if not then to make it a requirement in every business not just this industry. I would suggest that disclosure of income be simple and in the form of an approved and verified standard, such as an average monthly gross income. No one should be force to disclose their personal income except to appropriate Federal and State agencies who are conducting authorized investigations.