Step 9 On Your Path To Profits

"Never stop learning and growing. The more you know, the more confidence you will have." ~ Brian Tracy

This section is necessary to protect your investment in yourself and your AmeriPlan® business. There are certain regulations which affect us in how we can (and cannot) do business in today's world and we hope to provide some clarification here and important links to additional information that we believe it is in your best interest to know and understand..

IMPORTANT NOTICE: While every attempt has been made to verify the information provided in this section, neither the author nor the publisher (Simple As ABC), nor any partners in association, assumes any responsibility for any errors, inaccuracies or omissions. If advice concerning legal or related matters is needed, the services of a fully qualified professional should be sought. This web page is not intended for use as a source of legal advice. You should be aware of any laws, which govern business transactions or other business practices in your state.

Whew! Had to say that right up front 'cuz you know, we're not lawyers here -- but our lawyers insisted we add the above statement before getting into the following subjects.

Keep in mind, you don't have to be a lawyer to run a small business... ...but you should be aware of certain regulations affecting your AmeriPlan® Business. The Simple As ABC website has taken every step possible to take the guesswork out of the equation (particularly in regards to #1 and #3 below) to help you market your business effectively.

There are thousands of laws directing how business is conducted in the USA, but the following are 3 areas we feel you should be aware of before doing business online or by phone.

Many other Brokers with AmeriPlan® aren't even aware there is an AmeriPlan® Internet Compliance Policy for promoting your business online. Did you know every single one of our more than 100 e-mails (including Leads messages, Prospect messages, New Member messages, and New Broker Training messages) went through thorough review with the AmeriPlan® Compliance Center and have been completely approved for use by our upgraded members?

It's important you be aware this policy exists. It exists to protect all AmeriPlan® Brokers... to keep our businesses safe and well within the law for best business practices. Simple As ABC wholeheartedly endorses this policy!

Before you begin promoting your business online - whether it be through designing your own messages and/or website or promoting your business with any other systems available to AmeriPlan® Brokers, make sure all materials are compliant with the AmeriPlan® Internet Compliance Policy. (Believe it - there are some sites out there that aren't compliant... they have a lot of work ahead of them and face the risk of being shut down - or worse - if they fail to make required changes.)

Where do you get a copy of the policy? Simply login to your AmeriPlan® Broker Support center and you will find the applicable link to it in the left-hand menu options.

The now-famous "DO NOT CALL REGISTRY" - we're referring to the National Registry here, not independent State registries.

Briefly, here is a short introduction for you...

The Federal Trade Commission (FTC) issued the amended Telemarketing Sales Rule (TSR) on January 29, 2003. Like the original TSR issued in 1995, the amended Rule gives effect to the Telemarketing and Consumer Fraud and Abuse Prevention Act. This legislation gives the FTC and state attorneys general law enforcement tools to combat telemarketing fraud, give consumers added privacy protections and defenses against unscrupulous telemarketers, and help consumers tell the difference between fraudulent and legitimate telemarketing.

One significant amendment to the TSR prohibits calling consumers who have put their phone numbers on the National Do Not Call Registry. Another change covers the solicitation of charitable contributions by for-profit telemarketers. Other key provisions:

• require disclosures of specific information
• prohibit misrepresentations
• limit when telemarketers may call consumers
• require transmission of Caller ID information
• prohibit abandoned outbound calls, subject to a safe harbor
• prohibit unauthorized billing
• set payment restrictions for the sale of certain goods and services
• require that specific business records be kept for two years

Many states also have laws regulating telemarketing. The FTC and the FCC are working with states to harmonize Do Not Call requirements at state and federal levels for a unified national system enabling "one-stop" service for consumers, as well as businesses seeking to comply with the requirements. For information about a particular state's laws, contact the state attorney general’s office or another state consumer protection agency.

If your telemarketing campaigns involve any calls across state lines – whether you make outbound calls or receive calls in response to advertising – you may be subject to the TSR’s provisions. The "Facts for Business" guide on the FTC site describes the types of organizations and activities that are subject to the TSR and explains how to comply.

We are DEFINITELY NOT going to interpret these laws for you here because we've heard at least 5 different lawyers ...all claiming to specialize in this area of law... and heard 5 different interpretations of the TSR and the TCPA from each. So here's some links where you can get all the details first hand. If in doubt, contact your NSD and ask questions - never be afraid to ask questions!

• National Do Not Call Registry Home Page - This FTC (Federal Trade Commission) website contains EVERYTHING you ever wanted to know (but were afraid to ask) regarding the Do Not Call Registry. You will find links to what you NEED to know as a business owner/operator as well as links to consumer/users who want themselves placed on the list.
• FCC Regulations Regarding The Do Not Call List - This is a HUGE .pdf document (164 pages) which goes into great detail regarding the registry. No, you don't have to know all of this. We've provided the link here for those who really like to "dig into" the details. You name it - it's in there (well, actually faxes are covered but emails are not). TONS of info! (If you're really interested we recommend you right-click this one and save it to your computer for reading later - it really is HUGE.)
• Complying With The Telemarketing Sales Rule - From the FTC website, another very detailed report (not available in .pdf format at the time of building this web page, sorry). "The Amended TSR at a Glance" on this website is worth reading.

Here's an answer to one Frequently Asked Question direct from the FTC website "FTC Consumer Alert - Q&A: The National Do Not Call Registry" which will give you a quick understanding of why we have a "lead capture system" in place at Simple As ABC.

Question: "I'm happy to have the choice to limit telemarketing contacts, but there are some telemarketing calls I don't mind receiving. Is there a way to allow only certain companies to call?"

Answer: "Yes. If you give a company your written permission to call you, they may do so even if you have placed your number on the National Do Not Call Registry."

Now you see why we CLEARLY STATE on our tour registration pages that prospects are granting us permission to contact them when they submit their contact information to take the tour.

Upgraded members with Simple As ABC have a serious advantage with their follow-up emails. Each message strongly encourages Prospects who have taken the tour of their Simple As ABC website to call them. Many Brokers may find themselves receiving as many calls as they are making for their business, thanks to the pre-written messages in their upgraded account.

Don't hit the PANIC button yet. It's not all as horrible as it may seem after going through the above two sections. Here's the basics you need to know about the CAN-SPAM ACT:

1) The law became effective Jan 1, 2004. For those who would like the full details regarding how the Act came to be and further revisions it may have in the near future, here's a direct link to the government documents relating to the CAN-SPAM ACT. If you would like just a copy of the Act itself, click here.

2) The Act prohibits using or falsifying email header information.

3) Prohibits the use of open relay to "deceive or mislead recipients" about the origin of a commercial email.

4) Prohibits "harvesting," "dictionary attacks" and "spoofing."

5) Prohibits commercial email without an unsubscribe process.

6) Prohibits automated methods to sign up for free Web-based email accounts. (Like Yahoo or Hotmail)

7) Prohibits registering for "5 or more" email accounts or "2 or more domain names" with false information and using them to send commercial e-mail messages.

8) Prohibits sending "sexually oriented material" unless it includes a label to be created by the FTC. And, you don't have to do that if it is opt in. (Violations punishable by up to five years in prison and a $250,000 fine)

9) The FTC to produce a report on possible mandated subject line labeling, such as ADV (required in CA) for advertising. As currently drafted, the Can Spam Act requires UCE to carry such information identifying it as an advertisement or solicitation but does not mandate any specific language.

10) Organizations that send commercial email must include a physical postal address. (Simple As ABC has incorporated this requirement very professionally for Upgraded members.)

Note: This law is subject for review and will probably be revised several times in the years ahead. For example, 6 months from the enactment of the Can-Spam Act, the FTC is required to submit further plans for amendments to the Senate, including plans for adding/implementing a DO-NOT-E-MAIL REGISTRY. Also, further revisions may be enacted as soon as 9 months after the original Act went into law. You can expect a lot more changes ahead for the Can-Spam Act!

Caution: If you are using leads (phone and/or email leads) to help build your business, you really need to be very careful you are getting them from a reliable reputable source. Cheap leads could land you in very expensive trouble. It's your choice - your money - and your business ...you decide.

Okay, sorry to keep you waiting this long. If you are ready to start making some REAL MONEY with your new AmeriPlan® Business --- GET EXCITED --- we're about to turn on the profit machines! Let's roll on into the next step. Click on the link "Warm Market vs Cold Market" and let's get you rolling on your path to profits!