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SOUTH
CAROLINA DEPARTMENT OF
CONSUMER AFFAIRS
3600
Forest Drive, 3rd Floor
P.O. Box 5757
Columbia, SC 29250
(803) 734-4200 or (800) 922-1594 (toll free in S.C.)
Teletips (803) 734-4215 or (877) 734-4215 (toll free in S.C.)
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FRAUDULENT
BUSINESS OPPORTUNITIES |
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Ask
Consumer Affairs
Click
Below

Teletips
RECORDED CONSUMER INFORMATION
(803) 734-4215 or
(888) 734-4215 (toll free in S.C.)
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Ever hear the phrase "All that glitters is not gold"?
It applies to fraudulent display rack business opportunities. Fraudulent
promoters across the country are offering entrepreneurs the chance
to make $100,000 or more a year selling licensed products from well-known
companies.
Their pitches include some great claims: No selling. You won't have to quit
your job. You can work from home. You can make your own hours. Indeed, they
say that for an investment of as little as $15,000, all you have to do is restock
profitable high-traffic display rack locations like malls, shopping centers,
gift shops, convenience stores, supermarkets and chain drug stores. Sounds
like a dream opportunity, right? Wrong! Entrepreneurs who
invest in business opportunities like these rarely make the big money they're
promised.
Promoters often supply undesirable merchandise -- for example, outdated products
that may never have captured the public's attention -- and unprofitable locations,
in fact, would-be business owners generally lose their entire investment.
If you're thinking about investing in a display rack opportunity, be sure to
check out their claims to avoid going to display "rack and ruin."
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Check
out the promoter. Call the legal department of
the company whose merchandise is being promoted.
Find out whether the promoter is affiliated with the company.
Ask if the company has ever threatened trademark action against
the promoter.
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Ask
how much of your investment will go for "display racks
and initial inventory," and how much goes to promoters
or middleman fees. The promoter's sales commissions
on your purchase of products may eat up as much as 30-40 percent
of your investment.
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Ask
the promoter if you'll be charged wholesale or retail prices
for your initial inventory. If you pay retail, you'll
have to mark up the price to make a profit. That means
you probably won't move much inventory. Even if the
promoter agrees to sell your inventory at wholesale prices,
you may get out-of-date merchandise that never sold in the
first place. Either way, you lose. Remember,
if you pay sales tax, the inventory is not wholesale.
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Check
out locator companies. These are third-party firms,
usually recommended by the promoter, that you hire to locate
display rack sites. The firms may claim they've done
market surveys in your area. Ask for copies. Typically,
a firm charges you $200 per site; the locator gets half the
fee. Since high-traffic stores could sell popular consumer
products on their own, locators may be able to secure low
traffic locations only.
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Get
a list of previous investors, as well as their addresses and
phone numbers. The FTC's Franchise Rule requires it,
and any legitimate business should be happy to provide it.
If possible, visit one or two investors -- and their locations
-- in person. If you call only one person, you may talk
to a "singer" or a "shill" -- a person
hired by the promoter to give a favorable report on the business.
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Get
earnings claims in writing. Insist that the promoter
give you written substantiation in the disclosure document
required by the Franchise Rule. Be sure it includes
the number and percent of others who have earned at least
as much as the promoter claims. If the promoter hesitates
or refuses, walk away. Don't believe what they say about
sales, profits or income.
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Consult
an attorney, accountant or other trusted financial or business
advisor before you sign any agreement or make any up-front
payments. Ask your attorney to review the company's contract
and advise you on how best to proceed.
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