|Received:||7/4/2006 10:51:11 PM|
|Organization:||The Kessler Group International|
|Subject:||Business Opportunity Rule|
|Title:||Notice of Proposed Rulemaking|
|CFR Citation:||16 CFR Part 437|
Comments:Regarding the proposed Business Conduct Rule, I have strong concerns about its content. I have been self-employed for more than 30 years, and have owned an Amway/Quixtar business since 1981. That business which I developed is a full-time income and has supported my family and church for more than 20 years. During that time, there has never been an allegation of ANY impropriety on my part, nor have I encountered ANYTHING unethical in the way the corporation has conducted itself. Their buy-back rule and rules of conduct are always applied, and I have personally experienced them enforce those rules when inappropriate behavior occured. I am also a professional actor, writer and producer, and had a career in labor relations prior to the entertainment industry. So I speak from considerable experience. All businesses do better with rapid growth, rapidly meeting the needs of their customers. That includes prospective Independent Business Owners, who have a need to make a change. Therefore, a waiting period arbitrarily placed there, when the investment is under $200 and there is a buyback rule in place, is simply unnecessary. It may be necessary if one is buying a car, or a Starbucks, but it is overkill when one is buying a guaranteed registration pack, and some energy drinks for their consumption! I would recommend eliminating waiting periods for Quixtar or any company where the person can get their money back. The proposal to require a list of ten references is totally unworkable. Not only are there the obvious privacy issues-I do not want my info given out to just anybody-but leaders like myself are going to be on everyone's list. Since I am the visible one that people are being trained by, I would find myself with a full-time job just answering the phone/emails/letters. It would be an unimaginable burden to me, and those like me. Providing a list of lawsuits is also totally unworkable. Whose lawsuits? Quixtar's? Mine? Some individual in the line of sponsorship? Some other line of sponsorship? Some jerk who was already terminated by Quixtar? Devos? True? Untrue? Bogus? Harrassment suits? False accusations? This should NOT be in the rule. I think disclosures are fine. For my entire career in this business we have used disclosure. We train all people to use the company-approved numbers and we are REQUIRED by Quixtar to provide income disclosures. All people are different however. And anyone who works with people knows that. So, what one does, does not mean the next one will do. He may do more: he may do less. That is the case with me. I did a great deal more than thousands; I also did less than some. The choice was mine. If you want to use an average(like we ALREADY do in Quixtar) pattern it after Quixtar's. It must be simple and easy to understand. Our goal is to HELP the prospect make a good business decision, not confuse him. To require me to give out personal financial information to a prospect is also UNWORKABLE. I give that to the IRS and any government agency legally needing it. NO ONE would want to start a business that requires they give every prospective customer their financials; this would deter ALL business activity in my downline! I keep such info, but do not want to be required to disclose it willy-nilly.As I said, in a free market each individual decides for himself, through his work ethic, whether he succeeds hugely, moderately, or not at all. Leave it like that-if you want a Free Enterprise economy. To end: hit the RIGHT TARGET-not the WRONG one. Do not assume ALL business owners are liars and cheats. It is demeaning to millions of us in this industry. Use simple, common sense rules, and go after those where you receive complaints. Don't burden us all-slowing and killing our businesses. We are honest. We will be the ones following your rule. THE CHEATERS WON'T ANYWAY! The honest ones will bear an unnecessary burden & loss.