Comment Number: 522418-05492
Received: 7/1/2006 4:22:25 PM
Organization: Efuture (Quixtar)
Commenter: Janet Jenkins
State: TX
Subject: Business Opportunity Rule
Title: Notice of Proposed Rulemaking
CFR Citation: 16 CFR Part 437
No Attachments

Comments:

My husband and I have owned a Quixtar business since 1994. While we are not at the top range of income earners in this business, it has allowed me to come home and be with our children while still adding income to our household. This is very important to us. I am for rules which would help keep scam artists from taking advantage of people in this industry. However, the proposed rule contains several clauses which will make it very difficult for us to continue doing business. Requiring people to wait 7 days to register will slow down the process of people being able to get started and earning income to offset the cost of joining. A better way would be to give people a clear message about a 3 day right of recision. This is standard practice in other industries, why should this one be penalized. Another clause requires disclosure of all of the allegations brought against the company for the last 10 years. Many times allegations are group specific. I do not understand why as a business person I must disclose allegations about another group, person who I have no control over or business dealings with. I feel this clause would also allow someone to hold the business hostage by filing a lawsuit that is unfounded. As we know by experience a lawsuit does not necessarily mean the person or company filed against was in the wrong. What about innocent until proven guilty? But since it takes years to bring these things to court businesses could be unduly harmed by the act of filing a lawsuit. Also if a lawsuit goes against the company and they take corrective action, is it still important to disclose? As for requiring every financial claim to be substantiated, I believe that it is better served to make clear that any income claims are examples and that it depends on the work the potential business owner does and how business is conducted. One of the reasons I feel this is important is that what I want and think is acceptable income from this business may be more or less that what a prospect wants. Disclosing what we have done is not a true indication of what can be done or has been done by others. This is something that my husband and I strive for in every prospective meeting we have. I would like to point out that getting people into our business who are looking for a get rich quick situation are a waste of our time. We want people who are looking for a legitimate business opportunity. We have however had to put up with people who are unwilling to work for their future and want everything given to them in order to help others. If there is a way to keep these people out I am all for it. However, I think it is a cost of doing business. Thank you for your time on this proposed ruling. Please be aware that for any lawsuits that have been filed there are also many happy people in business with us that are pleased with the way the business is run. So do not hurt the legitimate business owners just to go after the few. Then the few will have succeeded in destroying a good opportunity.