|Received:||7/15/2006 12:00:56 PM|
|Organization:||Bailly Health Associates, Inc./Unicity|
|Subject:||Business Opportunity Rule|
|Title:||Notice of Proposed Rulemaking|
|CFR Citation:||16 CFR Part 437|
Comments:Re: Business Opportunity Rule, R511993 I am David R. Bailly, President and CEO of Bailly Health Associates, Inc., a North Dakota Corporation. For the past 13 years, I and the Corporation, together with my wife Janet, have been Business Associates and distributors with Unicity International (formerly Rexall Showcase International). This has been one of the most positive developments in our lives and in the lives of all of our organization. My background professionally was as a tax attorney for 23 years, concentrating in ERISA law, estate planning, and corporate law. I also represented many nonprofit organizations. I retired from that profession at the end of 1999 in order to devote full-time to the other businesses I had built while an attorney, especially Unicity. We sell preventive healthcare products and alternative medicines to anyone who is interested. The sales methods are simply to provide information to prospective customers in a casual setting, letting them decide if what we have is for them or not. There has never been any hype, pressure, nor any other threatening means of marketing…and there never will be. This business has provided Janet and I, and our daughters with stable income, and with personal growth and development that we could not have learned anywhere else. We have been truly blessed that a friend thought enough of us to share the product information with us. We believe that the proposed Business Opportunity Rule (R511993) would destroy our ability to effectively build our business. We have never done anything improper nor illegal in building our business. We could not have the success in building our business nor could others today under the proposed rule. The proposed seven-day waiting period is not only unreasonable and unfair, it casts a negative light on our company and industry and also delay the ability of our prospective product users to use the products that could help them immediately to improve their health and lives. We are not dealing here with questionable products…instead we are looking at some of the most highly tested and respected products in the world today. People deserve and have the right to have these safe and effective products available to them now. And then there would be the unreasonable record-keeping and administrative problems that would make our business a nightmare. As far as litigation reporting, we have nothing to hide. We have a clean record except for the claims that follow any successful business. Just the fact that we would have to mention and list all of the lawsuits that have been brought against our company again casts a negative light on what is a professional and ethical enterprise. It is irrelevant to have to report litigation regardless of outcome. I don’t have to do this with any of my other companies…why should Unicity be different? And when you talk about having to reveal my competitors in the same market, I have never heard anything so absurd! We sell our products at wholesale to all who would desire them. Why should we have to reveal others who are involved with the business where they have had nothing to do with the contacts or in providing the valuable information? This is not free enterprise. We still do have free enterprise in the United States, don’t we? And what about the right of our customers to privacy? They would become vulnerable to possible ID theft and worse if we had to provide information about them to others, or vice versa. I respectfully request that R511993 be dropped. There are already protections for the citizens of the United States when they have been treated unethically, improperly or illegally. Maybe it would be better to monitor companies in our industry and help to process the claims of injured parties against the bad companies.