Too Good to be True? New FTC Rules May Help You Evaluate that Business Opportunity By Susan E. Wells

Jaburg Wilk
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Challenging times have caused many of us to consider means of earning a living that we have not previously considered. Some of those avenues may be business opportunities, such as vending routes, stuffing envelopes and product assembly programs, promoted as being shortcuts to wealth and prosperity. However, business opportunities that sound too good to be true usually are.

Effective March 1, 2012, business opportunity sellers must give you a one-page document that includes the seller’s name and contact information and contact information for people who have purchased the business opportunity during the last three years (or at least the ten purchasers who are located closest to you). The disclosure document must also state whether the seller:

• Makes an earnings claim (information that conveys a range or specific level of actual or potential sales, income or profits) – if so, the seller must give you the earnings claim and offer to make written substantiation available to you

• Has been involved in legal actions involving fraud, misrepresentation, securities laws violations or unfair or deceptive practices within the past 10 years – if so, the seller must list those actions

• Has a cancellation or refund policy – if so, the seller must disclose the material terms and conditions

Please see full publication below for more information.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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