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This page contains the full-text reproduction of FTC's Publication: "Net Based Business Opportunities: Are Some Flop-portunities?" [Scroll Down or Click Here to find links to interesting articles and information about legal and other developments affecting the MLM and Direct Sales Industry.]
'Net Based Business
Opportunities: Are
Some Flop-portunities?
Whether it's recruiting
people to sell so-called Internet-access devices, placing kiosks with
Internet access in public places, or dealing in other Internet-related
activities, consumers are being lured to the vast commercial potential
of the Web by business promoters.
However, the Federal Trade Commission (FTC) says that
many of these business opportunities are scams that promise more than
they can possibly deliver.
The scam artists lure would-be entrepreneurs with
false promises of big earnings for little effort. They pitch their
fraudulent offerings on the Web; in e-mail solicitations; through
infomercials, classified ads and newspaper and magazine
"advertorials"; and in flyers, telemarketing pitches, seminars, and
direct-mail solicitations.
Here are a few examples of Internet-related business
opportunities that didn't live up to their promises:
Example 1: Providing TV access to the Internet
The Pitch: The promoter promises that you can
earn thousands of dollars a month by recruiting people to sell
devices that provide television access to the Internet.
The Problem: The program claims to pay
participants based on how many people they recruit into the program,
not on their product sales. That makes the program a pyramid scheme
- not a legitimate multi-level marketing plan. Pyramid schemes are
illegal. Mathematically, nearly everyone who participates in them
loses their money. When there are no new recruits, the pyramid
collapses.
Example 2: Selling walk-up Internet access
The Pitch: The promoter claims you can earn
big money by selling machines or kiosks that provide walk-up
Internet access - for a fee - in places like airports, hotels and
shopping malls. The machines cost thousands of dollars, but the
promoter says the cost can be recovered because the machines
generate "amazing" earnings. And, the company promises to help find
profitable locations for the machines.
The Problem: Rather than the high-traffic
locations that the promoter promises, the buyer's machines get
placed where demand for Internet access is low. As a result, a
would-be entrepreneur can't possibly make the promised earnings.
Example 3: Giving seminars on making money on the
Internet
The Pitch: The promoter advertises that you
can earn more than $150,000 as an "Internet consultant" who sponsors
free seminars to teach other consumers how to make money on the
Internet.
The Problem: The seminars really feature
high-pressure sales pitches for the promoter's Internet yellow pages
or Internet advertising. And, even though the promoter promises to
provide Internet and sales training to buyers - for a fee of several
thousand dollars - the buyers never get the promised training. In
the end, they never earn the promised amounts.
The FTC offers this advice to consumers considering
an Internet-related business opportunity:
-
Consider the promotion carefully. If it claims
buyers can earn a certain income, then it also must give the number
and percentage of previous purchasers who achieved the earnings. If
an earnings claim is there - but the additional information isn't -
the business opportunity seller is probably violating the law.
-
Get earnings claims in writing. If the business
opportunity costs $500 or more, then the promoter must back up the
earnings claim in a written document. It should include the earnings
claim, as well as the number and percentage of recent clients who
have earned at least as much as the promoter suggested. If it's a
work-at-home or other business opportunity that involves an
investment of under $500, ask the promoter to put the earnings
information in writing.
-
Study the business opportunity's franchise
disclosure document. Under the FTC Franchise Rule, many business
opportunity promoters are required to provide this document to
potential purchasers. It includes information about the company,
including whether it has faced any lawsuits from purchasers or
lawsuits alleging fraud. Look for a statement about previous
purchasers. If the document says there have been no previous
purchases but the seller offers you a list of references, be
careful: the references probably are phonies.
-
Interview each previous purchaser in person,
preferably where their business operates. The FTC requires most
business opportunity promoters to give potential purchasers the
names, addresses and phone numbers of at least 10 previous
purchasers who live the closest to the potential purchaser.
Interviewing them helps reduce the risk of being misled by phony
references.
-
Contact the attorney general's office, state or
county consumer protection agency and Better Business Bureau both
where the business opportunity promoter is based and where you live
to find out whether there is any record of unresolved complaints.
While a complaint record may indicate questionable business
practices, a lack of complaints doesn't necessarily mean that the
promoter and the business opportunity don't have problems.
Unscrupulous dealers often change names and locations to hide a
history of complaints.
-
If the business opportunity involves selling
products from well-known companies, call the legal department of the
company whose merchandise would be promoted. Find out whether the
business opportunity and its promoter are affiliated with the
company. Ask whether the company has ever threatened trademark
action against the business opportunity promoter.
-
Consult an attorney, accountant or other business
advisor before you put any money down or sign any papers. Entering
into a business opportunity can be costly, so it's best to have an
expert check out the contract first. If the promoter requires a
deposit, ask your attorney to establish an escrow account where the
deposit can be maintained by a third party until you make the deal.
-
Take your time. Promoters of fraudulent business
opportunities are likely to use high-pressure sales tactics to get
you to buy in. If the business opportunity is legitimate, it'll
still be around when you're ready to decide.
Reporting Possible Fraud
If you suspect a business opportunity promotion is
fraudulent, report it to:
-
the state attorney general's office in the state
where you live and in the state where the business opportunity
promoter is based.
-
your county or state consumer protection agency.
Check the blue pages of the phone book under county and state
government.
-
the Better Business Bureau in your area and the area
where the promoter is based.
- the FTC. File a complaint online at
www.ftc.gov or call toll free 1-877-FTC-HELP (1-877-382-4357).
The FTC works for the consumer to
prevent fraudulent, deceptive and unfair business practices in the
marketplace and to provide information to help consumers spot, stop and
avoid them. To file a
complaint or to get free information
on consumer issues, visit
www.ftc.gov or
call toll-free, 1-877-FTC-HELP (1-877-382-4357); TTY: 1-866-653-4261. The
FTC enters Internet, telemarketing, identity theft and other fraud-related
complaints into Consumer Sentinel, a
secure, online database available to hundreds of civil and criminal law
enforcement agencies in the U.S. and abroad.
June 2002
Other MLM-Related Websites
- MLM Legal. MLM Legal contains interesting articles and information about legal developments affecting the Multi-Level Marketing and Direct Sales Industry. For example, the site contains a page devoted to FTC's Proposed Business Opportunity Rule Resources and Analysis.
- Multi-Level Marketing Defined. Wikipedia defines multi-level marketing (MLM) as "a business model that combines direct marketing with franchising." Multi-level marketing is also called network marketing, referral marketing or, simply, "NM".
- Multi-Level Marketing - Another Definition. The Skeptic's Dictionary defines multi-level marketing, in part, as a "system of marketing which puts more emphasis upon the recruiting of distributors than on the selling of products."
- MLMWatch. The Skeptical Guide to Multi-Level Marketing.
- Pro-MLM Website. What are the multilevel marketing websites names? This web site lists state and federal regulatory websites and MLM attorneys.
- Ten Big Lies of Multilevel Marketing. Critical article about MLMs.
- TRUTH ON MLM. MLM research, statistics, law enforcement, news, articles, case studies, and more.
- What's Wrong With Multi-Level Marketing?. Website devoted to Anti-MLM resources, cases, and information.
- Multi-Level Marketing (MLM). The main thesis of this site is that legitimate multi level marketing once existed but now MLMs are scams.
- Business Opportunities in Internet Marketing. Many Useful Links.
- MLM Survivor's Homepage. Posts involving MLM are reprinted.
- Home Based Business Opportunities. This site's stated purpose is to educate you with all aspects of starting and running a home-based business.
| ADDITIONAL INFORMATION
The following are links to two other FTC online brochures involving this topic:
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JLCom Publishing Co., LLC is the publisher of Advertising Compliance Service. For over 28 years, Advertising Compliance Service has been the authoritative and comprehensive source of information for advertising law practitioners, advertisers and advertising agencies -- and their attorneys. In-house counsel and outside counsel alike routinely rely on Advertising Compliance Service. One of the 27 advertising law-related topics regularly covered by this newsletter/reference service focuses on laws pertaining to "false, unfair, deceptive" advertising.
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