| Comment Number: | 522418-04964 |
| Received: | 6/28/2006 11:18:10 PM |
| Organization: | Arbonne |
| Commenter: | Busha |
| State: | IN |
| Subject: | Business Opportunity Rule |
| Title: | Notice of Proposed Rulemaking |
| CFR Citation: | 16 CFR Part 437 |
| No Attachments |
Comments:
Kristin Busha Independent Consultant Executive Regional Vice President June 30, 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 [You may also send your letter electronically by using the following Web link: https://secure.commentworks.com/ftc-bizopNPR/] 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 an Arbonne Independent Consultant. I understand that part of the FTCs responsibility is to protect the public from unfair and deceptive acts or practices, but some areas of the proposed rule will make it very difficult, if not impossible, for me to sell Arbonne products and sponsor people into the business. The seven day waiting period only hinders our ability to allow our new consultants to begin their fast track to success. Further, in my opinion, it forces one to think negatively about their entrepreneurial venture. This is a shame specifically for underserved and economically manufacturing states such as mine (Indiana). One of the most confusing and restrictive sections of the proposed rule is the 7-day waiting period to sign up new Consultants. Not only do Arbonne Starter Kits cost a nominal amount of money, the proposed waiting period gives the impression that there might be something wrong the Arbonne opportunity. Under this waiting period requirement, I will need to keep very detailed records when I first speak to someone about Arbonne and keep track of when to follow up. One of the key elements to my success in this business has been capturing the enthusiasm and immediate results prospects experience with Arbonne products; the waiting period would potentially limit my ability to grow my business. [Litigation Information] The proposed rule also 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. A lawsuit may incorrectly imply wrongdoing and it seems unfair to disclose lawsuit information unless Arbonne has been found guilty of something. I fear being penalized by the impression a lawsuit would leave, even if I have done nothing wrong. Finally, the proposed rule requires the disclosure of a minimum of 10 prior Independent Consultants nearest to the prospective Consultant. I am glad to provide references, but identity theft is a reality we live with in todays world and I am very uncomfortable with giving out personal information about individuals, without their permission or knowledge, to strangers. Also, sharing this information could damage the business relationship of references with those involved in other companies or businesses, or provide an unfair advantage to competitors. In order to get the proposed list of 10 prior Independent Consultants, I would need to send the address of a prospect to the Arbonne corporate office in California and then wait for the list. You must know that we are so open and forthright with our paystubs upon request that this seems moot to us. The proposed rule also includes the language, If you buy a business opportunity from the seller, your contact information can be disclosed in the future to other buyers and prospects will be understandably concerned about their privacy. I would find it an invasion of privacy to disclose personal data, for my business purposes. Im still not understanding the purpose of this. My husband and I --- 8 college degrees between us---bought our Physical Therapy clinic from another individual. We did so after doing our own due diligence. This is the way of the entrepreneurial world. There is no purpose served in disclosing such information to any third party. As a former College Professor and current Physical Therapist who co-owns a Physical Therapy Clinic with my husband, I can tell you that 3 college degrees havent amounted to the financial payoff that my Arbonne business has. I have promoted to RVP in an IN record time of 5 months, and Arbonne is allowing us to realize a quality of life ---- time and money versus trading one for the other. This opportunity is unmatched. Success via this MLM model is open for the taking, and WILL change the economic future of many Indiana families within the next year. I have been an Arbonne Independent Consultant for more 8 months. I became a Consultant because I love the products and our family was in need of a second source of potential income. Since starting my Arbonne business, I have developed a team of 38 Independent Consultants across the country and together we are helping our families enjoy better lives. I truly appreciate the work of the FTC in protecting consumers, but I believe this proposed new rule would have many detrimental (and unintentional) consequences and I hope there are alternative means to resolving the outstanding issues at hand, without harming the livelihood of millions of successful network marketers, like me. Thank you for your time and understanding. Sincerely, Kristin Busha Independent Consultant Executive Regional Vice President Arbonne International