| Comment Number: | 522418-05238 |
| Received: | 6/30/2006 9:18:20 AM |
| Organization: | ARBONNE International |
| Commenter: | Joan Durkin |
| State: | MI |
| Subject: | Business Opportunity Rule |
| Title: | Notice of Proposed Rulemaking |
| CFR Citation: | 16 CFR Part 437 |
| No Attachments |
Comments:
Joan Durkin June 29, 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 Dear Sir or Madam: I am writing this letter because I am truly concerned about the proposed Business Opportunity Rule R511993. I believe that in its present form, it can and will prevent me from continuing as an ARBONNE Consultant. I understand that part of the FTC’s responsibility is to protect the public from “unfair and deceptive acts or practices,” but some areas of the proposed rule will make this extremely difficult, if not impossible, for me to sell ARBONNE products and sponsor people into my business. Opposition to the 7 Day Waiting Period 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 start-up kits cost a nominal amount of money, the proposed waiting period gives the impression that there is likely to be something wrong with the ARBONNE opportunity. Under this 7 day waiting period requirement, I will need to keep very detailed records when I first speak to someone about ARBONNE, then schedule a follow-up appointment. One of the key elements to my personal success in the style business has been to capture the enthusiasm and immediate results new business prospects experience with ARBONNE products. WAITING 7 DAYS WOULD POTENTIALLY LIMIT MY ABILITY TO GROW AND EXPAND MY BUSINESS. Negative Litigation Information This proposed rule also calls for the release of any / all information regarding lawsuits involving misrepresentation, or unfair or deceptive business practices. This does not allow for information if ARBONNE was found innocent. Any lawsuit incorrectly implying wrongdoing seems unfair to disclose information unless ARBONNE has been found guilty. I BELIEVE MY BUSINESS WILL BE PENALIZED BY THE NEGATIVE IMPRESSION A LAWSUIT WOULD BRING, EVEN IF I PERSONALLY HAVE DONE NOTHING WRONG. Reference Requirement This proposed rule requires the disclosure of a minimum of 10 prior Independent Consultants nearest to the proposed Consultant. I would be more hesitant than pleased to provide references, but as Identity Theft steadily rises and in Today’s world, I respect the people’s privacy and personally, I am uncomfortable giving out personal information about those individuals without their permission and knowledge to total strangers, just as I would be if my personal information was circulated. Also, sharing the personal information could damage the business relationship of references with those involved with other companies or competitive businesses, and/or provide an unfair advantage to competitors. In order to get the proposed list of 10 prior Independent Consultants, I would have to send the name and address of the prospect to ARBONNE Corporate Offices in California and then wait for the list. The proposed rule also includes the language, “If you buy a business from the seller, your contact information can and will be disclosed in the future to other buyers” and prospects will be very concerned about their privacy. I FIND IT AN INVASION OF MY PRIVACY TO DISCLOSE ANYONE’S PERSONAL DATA, FOR MY BUSINESS PURPOSES. I have been an ARBONNE Independent Consultant for more than 4 years. I became an Independent Consultant because I love the products and now I earn the primary income of our household. Since starting my ARBONNE business, I have developed a Team of 700 Independent Consultants across the country and together we are helping our families enjoy better lives. Conclusion I truly respect and appreciate the work of the FTC in protecting consumers, but I believe this proposed new rule will have detrimental consequences. I sincerely hope there is an 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 valuable time and understanding. Sincerely, Joan Durkin