Fred said:
Wednesday, January 17, 2007 #

Check out the class action suit against Quixtar:

http://www.amquix.info/quixtar_class_action_suit.html

ex-IBO said:
Wednesday, January 17, 2007 #

Thanks Fred!  This one looks like it may stick!  Lets cross our fingers!

Tex said:
Saturday, January 20, 2007 #

I tried to post this under the "what people think" thread, but it kept getting rejected, so I'm trying here.

You are ignoring the fact that many IBO's get involved based on an existing family relationship or personal relationship, and are explicitely told to listen to the upline and ignore the rules, as A/Q supplies products and does not know how to build the business. This culture permeates the entire line of sponsorship in many cases, thereby affecting people who were complete strangers to their sponsors. The real value of the above protections are therefore quite limited. In other words, a "paper tiger".

Many IBO's are also told the upline are our "teammates" and "business partners", yet the source of most of their income, tools, is not known by prospects and even many IBO's, and they flash their lifestyles as if it came from A/Q. A "teammate" or "business partner" operating with a sense of ethics would not behave in this manner. The small and obscure footnote in the Achieve magazine "success stories" regarding the source of the income including other sources is a small start, but not nearly enough.

The tools are a closed market, and the IBO's are the captive market. Have you listened to Rich DeVos' "Directly Speaking" tapes? If you have, or when you do (they are on the internet), there hasn't been much change since being made in 1983.

If you are serious about your reputation, which has suffered via the tool scam, you better do more to ensure the tool income is disclosed or start looking for another company to work for, as the facts on the internet are steamrolling right over this business.

I am speaking to you as an IBO, not an "internet critic" or "quitter".

Kia said:
Wednesday, January 24, 2007 #

I removed Jason Young's comment as he is promoting another business on my space.  Sorry Jason.  

Tex, I am aware of the "Directly Speaking" talk from Rich DeVos and I also recently heard him speak about "balanced business" at Achievers Invitational in Orlando.  

There are disclosures that people must sign when they join the business (not simply the disclosures in Achieve stories) alerting them that BSMs are optional and that they are a source of income for others in the business.

We are working with IBO leaders on several fronts to improve on disclosure as well as quality of the BSMs they provide (through the Professional Development Accreditation Prgoram).

The systems have evolved over three decades, so any issues related to them will not be resolved overnight.  The company is working with IBO leadership to ensure the business is the best it can be and the systems that promote different ways of doing our business also provide an optimal experience.  

Kia said:
Friday, January 26, 2007 #

Finally I'm able to share a statement regarding the lawsuit referenced in Fred's note. Legal has been reviewing the complaint and provided the following statement:

****************************

On January 10, 2007, a class action complaint was filed in California by Jeff Pokorny and Larry Blenn against Quixtar Inc. and certain Quixtar IBOs."  

"The Pokorny and Blenn Complaint makes unfounded accusations about the legitimacy of Quixtar's business model.  The Quixtar IBO Compensation Plan has been proven to be a legal, viable, multilevel marketing plan.  

By filing this complaint, Pokorny and Blenn are in violation of their contract with Quixtar, as they have breached their agreement to arbitrate disputes related to their Quixtar business.   Arbitration is a common and accepted way to resolve disputes.

Quixtar will quickly address legitimate claims and will aggressively defend its business and business model in this action.

*********************************

Tex said:
Friday, January 26, 2007 #

Kia: Tex, I am aware of the "Directly Speaking" talk from Rich DeVos and I also recently heard him speak about "balanced business" at Achievers Invitational in Orlando.  

Tex: Talk is cheap. 24 years (that's nearly 1/4 of a century!) is already too long. Do you realize how much the rest of the world has reduced prices in moving information, which is essentially what the tools do?

Kia: There are disclosures that people must sign when they join the business (not simply the disclosures in Achieve stories) alerting them that BSMs are optional and that they are a source of income for others in the business.

Tex: As I said, the practical usefulness of those disclosures is VERY limited. The reality, for me and many others, is when you stop buying tools, the support stops. I even asked for clarification from the rules department on this issue, and they said it was between me and my Platinum. If there isn't anything behind the words, they are ink on paper (or dots on a computer screen).

Kia: We are working with IBO leaders on several fronts to improve on disclosure as well as quality of the BSMs they provide (through the Professional Development Accreditation Prgoram).

Tex: Again, next year will be 1/4 of a century from the "Directly Speaking" tapes. The disclosure must include the typical tool profit for those receiving it. Anything less is a slap in the face to all IBO's. You are asking the fox to guard the hen house. This is not good.  

Kia: The systems have evolved over three decades, so any issues related to them will not be resolved overnight.  

Tex: Again, there have been about 8,760 "overnights" since 1983, how much more time do you need? I realize much of this information has only been recently available on a wide-spread basis because of the internet, but please don't pretend these are new issues. When Rich was reading from those letters in 1983, you could feel the abuse that he knew was going on. You would do much better to say you dropped the ball for 24 years, but are now trying to make real changes, instead of pretending the tool profit is all a "new" problem.

Kia: The company is working with IBO leadership to ensure the business is the best it can be and the systems that promote different ways of doing our business also provide an optimal experience.

Tex: You need to work with ALL IBO's. Not literally, but include a number of lower level IBO's in the process, representing all IBO's.

As a comment on the most recent lawsuit, the last I heard the arbitration process was declared "unconscionable" by two levels of the court system. I think it has to go back to court to determine if the minor adjustments made bring the arbitration process back to "conscionable". If my memory serves me right, Q can still change any rule at any time without the IBOs' review or approval. I think this will be a hard issue to overcome, even if the narrow changes in the arbitration process are found acceptable, as the arbitration or other rule could be changed again, putting us back where we were prior to the Ken Stewart, et al, court rulings.

Russell said:
Thursday, June 21, 2007 #

The Plaintiffs in this case are: Jeff Pokomy and Larry Blenn

1) Profits from the motivational and educational side of the Quixtar related business are not a secret to anyone. Since the inception of Quixtar all new IBOs have to sign a business tools agreement that discloses this information. Anyone that says they are unaware of this information would have signed this form without reading it.

2) Profits that are made from this system of education and motivation do not just float to the top. There is compensation incentive that is built in for all IBOs all the way to the silver achiever level. This is widely distributed information and it is an excellent additional incentive program for those who want to succeed.

3) I think that it is interesting that millions of people will spend money annually to buy CDs, music, and attend concerts for "pot smoking" rap stars and pop culture icons like Britney Spears and would never consider trying to sue Ticketmaster or the record companies. However, Jeff and Larry have decided to sue a group of honest businesspeople over money that they spend on CDs and conferences that were specifically designed and are proven to help them achieve financial success in the Quixtar business.

4) Nowhere in the tools agreement or the Quixtar business plan is there a promise that anyone will keep a profit and loss statement for you, teach you how to budget your money appropriately, or hold your hand and keep track of your individual finances. However, all upline IBOs have a vested interest in seeing you financially succeed.

5) Although all IBOs are encouraged to attend conferences and invest in tools that will assist in building their business, it states in the tools agreement and it is a common knowledge fact that no one can force you to incur any business related expenses. We live in a free country!

6) The complaint says that Jeff Pokomy became an Amway distributor in 1994 and so that means that he was in the business for 13 years. Obviously if he attended Amway/Quixtar conferences for 13 years and did not make any money, ---- he was attending the conferences for social purposes and was not seriously building the business. He probably should have spent his money on going to Britney Spears concerts or on "pot smoking" rap CDs instead!

7) Ultimately, in a class action case such as this that deals with openly disclosed information and previously signed legal agreements, no one will win, ... except the lawyers that are billing by the hour.  

Put that in our "blog" and smoke it.... the AMericanWAY!