| Better Business Bureau Fraudulent Sales Practices | | | | from the inside while preying upon franchisees to |
| Have any other small businesses had a problem | | | | prove self worth in conjunction with other |
| with the BBB and there sales practices? We have | | | | agencies in the media and also use extortion |
| for quite some time. Our franchisees, (our | | | | tactics to make money for membership fees. |
| company is a mobile car wash franchise | | | | Imagine the money they have extracted from all |
| company) are required to join the local Chambers | | | | the franchise systems of this country. Just |
| of Commerce as part of their franchise when one | | | | imagine the number of small businesses who are |
| exists in their exclusive territory. But as soon as | | | | struggling right now to make payroll as cash flow |
| they do the BBB calls up and says; | | | | has lessened due to economic forces beyond |
| "We have been getting a lot of calls about your | | | | their control. Over 10% of all Americans own |
| service, but we did not know what to tell those | | | | some type of small business and can be |
| customers who inquired about you with The | | | | subjected to these terrorizing and extortion sales |
| BBB?" Then the pitch goes on...for about $300 plus | | | | tactics. Most franchisors have many franchisees |
| dollars you will receive.... | | | | that are members of the BBB; this costs |
| Our franchisees join the chamber prior to the | | | | franchisees each year and cuts into the profits of |
| commencement of their business while their | | | | the franchised units. We have put this line of text |
| mobile car wash service trucks are being built to | | | | in our franchise agreement: |
| get to know the communities they will be serving. | | | | 5.1 You may not join the Better Business Bureau |
| Inver ably they will get the call from the BBB | | | | as a business member as part this franchise with |
| from the new member directory from the | | | | us. |
| chamber of commerce before any advertising | | | | I am very serious about this issue, having been |
| goes out, so in fact no one had ever called the | | | | lied to by BBB representatives for the last five |
| BBB at all. This has happened to our franchisees in | | | | years and today when I called to see if things had |
| Carson City, NV; Palm Desert, CA; Agoura Hills, | | | | changed. I was hung up on by the BBB in |
| CA; Camarillo, CA; Sacramento, CA and Houston, | | | | Washington D.C. when I called to discuss this issue. |
| TX. I realize that this is "telemarketing fraud" and | | | | The FTC will not do anything about it for fear of |
| I am concerned. I am told that many of the 128 | | | | losing a partner. If the FTC will not look into this, |
| BBBs across the country pay their salespeople | | | | why do we need an FTC or a BBB? |
| either all or part commission. So perhaps this is an | | | | I have received several emails from concerned |
| individual problem, yet their sales people have | | | | business people, for instance, Bob writes: "That's |
| done this. I personally have had it happen five | | | | really interesting, isn't it? One government |
| times to me as the franchisees signed up at the | | | | bureaucracy is using whatis "supposed" to be a |
| Chamber of Commerce in various cities and they | | | | free-market entity to do the dirty work that |
| did not have phones yet, so they called me at | | | | theythemselves don't have the Constitutional |
| Corporate. As a franchisor I am responsible for | | | | backing to do in the first place. |
| any verbiage of any sales person given during a | | | | Then, by not holding the BBB accountable for its |
| sale, shouldn't the BBB also be liable for these | | | | fraudulent practices, it isbasically saying to them, |
| falsehoods? | | | | "you are a brother government agency - one of |
| I contacted the Washington D.C. head office of | | | | us -,free to terrorize whomever you want". "I |
| the BBB and they denied that any such incident | | | | always thought that the BBB was basically a |
| has ever occurred and referred me to the fact | | | | private organization that served as a watchdog, |
| that they are a 90-year old organization. Maybe, | | | | with a membership of businesses that could |
| but as it stands today they are breaking the law. | | | | self-police. Apparently, I was wrong." |
| This has occurred five times in sales calls to me | | | | This is a nationwide problem not just a few rouge |
| personally from BBB representatives. I also | | | | sales people in one part of the country or one of |
| contacted the Los Angeles BBB and was told that | | | | the BBBs 128 locations. In Atlanta Mr. Lee writes: |
| yes their sales people often use Chamber of | | | | "It's not just with franchises.... We get calls at our |
| Commerce lists of new members as well as look | | | | company stores in Atlanta, NYC, Chicago, and |
| up names of anyone who has had a complaint | | | | Birmingham with the exact same sales pitch "blah |
| filed against them. I was told of this off the | | | | blah ...we've been getting a lot of calls about your |
| record, yet I am using this information too. In | | | | company from your prospects, and we don't |
| other words they use the list of companies who | | | | know what to tell them because you're not listed |
| had customers call in whether it was a valid | | | | with us.." "It seems like a total scam. I often feel |
| complaint or not as a sales tool. Interesting since | | | | stongarmed by them. Do you mind if I share your |
| accounting firms cannot also be consultants these | | | | email with our attorney?" |
| days. The hypocrisy of the BBB is a little | | | | Other people are also concerned with these |
| unnerving and of course unethical if not out right | | | | issues, iCop Founder writes: "You certainly don't |
| fraudulent in my opinion. I was told at the L.A. | | | | need to convince me! I know first hand that |
| office that "MOST COMPANIES" join the BBB. | | | | everything you're reported here is true. I have |
| Impossible since there are over 1.6 million | | | | personally received the exact same treatment |
| businesses throughout the greater LA, Orange | | | | from the BBB in California. I had to threaten to |
| County, Riverside, San Fernando Valley area and | | | | sue them to get them to stop calling with the |
| most could only be over 51%. This is an | | | | threats and harassment. A few years ago, when |
| exaggeration by any stretch. This would mean | | | | I had a complaint about one of their big name |
| they would have a minimum of 800,001 business | | | | "sponsors" who ripped me off to the tune of |
| members, when in fact they have less than one | | | | several hundred dollars, the only response from |
| tenth that number in all of Southern California. Yet | | | | the BBB was, "They said they didn't so it." This in |
| these same BBB offices take complaints about | | | | spite of the fact that I had sent them undeniable |
| franchising and on many of their web sites tell | | | | proof! What is wrong with THIS picture?!" |
| buyers to be aware of exaggerations; . | | | | "Unfortunately, I have no idea that anything can |
| This is quite appalling and shows that both | | | | ever be done about it. They are protected by the |
| franchisors and franchisee attorneys should stand | | | | government - as you have already found out. I |
| up and take notice; but this is not just a franchise | | | | did write a series of articles on it a couple of |
| business issue, it is a small business issue. All small | | | | years ago. Maybe it's time to rerun them! |
| business people are subjected to this and maybe | | | | Apparently, the only thing we can do is educate |
| harassed. Chambers of Commerce across this | | | | people and warn them. |
| country signup their new members with public | | | | Pretty much like the Mafia making you pay for |
| trust, yet this is being abused by another | | | | protection under threat, eh? But then when Quest |
| organization the BBB. I was also told today by this | | | | is listed as one of their corporate sponsors, you |
| sales person in Los Angeles that 9 out of 10 calls | | | | have to know something's very wrong! Sorry we |
| coming into the BBB were consumers looking for | | | | can't be more help but it's way too big a scam |
| references of businesses for service or products. | | | | for iCop! When a government supported |
| This is also an exaggeration and a falsehood (lie). | | | | company like the BBB acts like nothing more than |
| If you call any BBB the answering machine usually | | | | thugs, it's hard to be surprised at situations like |
| states; "If you would like to make a complaint | | | | Enron and Worldcom." |
| press 1..." There is no mention of getting a | | | | But that is not all the smallest of small business |
| reference and certainly few incoming calls result in | | | | also have been harassed, Greg Spunk writes |
| new business for its business members. One of | | | | about this from San Diego and an office now in |
| the benefits you receive is instant credibility from | | | | Phoenix: "We have not joined the BBB in either |
| the consumer, yet the organization issuing the | | | | the Phoenix or San Diego locations for similar |
| stamp of approval lacks credibility and ethics of | | | | reasons. You just verified what I already felt was |
| it's own. | | | | happening. They are of no value to us and we |
| Also of grave concern is the fact that even if | | | | have not missed them." |
| you join the BBB and appear in the BBB phone | | | | In Pittsburg a small manufacturer writes in to us |
| book they produce in some markets, if you are | | | | and says: "The same thing to me. "someone is |
| disreputable you are still in print for the remainder | | | | calling about your business and we aren't able to |
| of the year. And therefore we have the BBB | | | | tell them anything since you aren't a member.... It |
| promoting disreputable businesses for as much as | | | | was $465 dollars to join, and they called and called |
| 12 months. If someone files a complaint against | | | | and called. I declined since I didn't see the point." |
| your company whether real or imaginary (trying | | | | We received this from Albuquerque, NM from the |
| to get free stuff) you must settle the said | | | | proprietor of a small automotive business who |
| complaint before you can renew, once again | | | | wanted her husbands company to remain |
| extortion. | | | | anonymous; "It happened here for 6 months, |
| I feel these sales techniques are fraudulent and | | | | same speil, We have been getting calls for your |
| disreputable. I am also concerned with the | | | | business etc. Finally I told them that I was not |
| "Boomerang" closing techniques when the BBB | | | | interested and to stop calling or I would call Santa |
| sales person gets a negative response to join. | | | | Fe and talk to the DA. Susie" |
| "We will not be able to tell the people who call us | | | | I received this email from one of our own |
| that you are a reputable company." Implying that | | | | franchisees; |
| the consumer will assume the opposite, that you | | | | "The BBB has called us and even after telling |
| are disreputable company. This in itself maybe | | | | them I was too busy to make an appointment |
| good for BBB sales, but it is an extortion | | | | (after several calls), they dropped in when I |
| technique. I have heard this extortion technique | | | | wasn't home and told Gino I had made an |
| myself many times and phrased many different | | | | appointment. NOT TRUE. What's up with them, I |
| ways all-leading to the same tactic. Asking small | | | | told them we were too new to join yet, we had |
| companies to fork over $300 plus dollars is | | | | to watch our cash flow. What's up with them?" |
| unnecessary and they will receive little if any | | | | Franchisees coming into the market and/or having |
| benefit for their BBB membership. Perhaps the | | | | been laid off need to watch every penny they |
| plaque displayed may be of value to customers in | | | | spend, if the BBB uses forceful tactics, then they |
| a store, but the way in which they attempt to sell | | | | are of detriment to the success of a new |
| it is dishonest. | | | | franchisee that is on a budget to get their |
| The BBB works closely with the FTC and after | | | | businesses going. Then they show up at a |
| contacting the BBB to make a complaint they told | | | | personal residence without an appointment? The |
| me I was wrong, and that I did not know what I | | | | sales people are so aggressive and hound small |
| was talking about and that the BBB would never | | | | businesses. What happened to privacy? Is the |
| do such a thing? Which is also a falsehood since I | | | | BBB resorting to new tactics after the recent |
| have experienced it first hand. When I told them | | | | telemarketing law became effective? The BBB |
| that I might have to contact the FTC in this | | | | was told by our franchise that they were not |
| matter, they said go-ahead knowing their strength | | | | interested after several calls, so they show up at |
| in alliance with the government | | | | their house? I am sorry but isn't this pushing it a |
| The BBB preys on small businesses of all types as | | | | little, general harassment? Yet no one will enforce |
| well as franchised businesses for membership | | | | these issues. |
| using these techniques. We called the FTC as well | | | | If any other Small Business Person, Chamber of |
| and they would not take the complaint. Perhaps | | | | Commerce, SBA office, SBDC or franchisor are |
| this is because they work with the BBB in | | | | having this problem, I would sure like to know. |
| secretly using entrapment techniques to get | | | | Yes we are busy too, but that does not mean |
| franchisors to make unsubstantiated earnings | | | | we can allow this injustice to continue. This is |
| claims. The FTC has also worked with the BBB to | | | | unacceptable behavior and the BBB should be |
| catch franchisees of various systems in consumer | | | | disgorged of these ill-gotten gains. These monies |
| fraud such as automobile repair, advertising claims | | | | should be rightfully returned to the businesses and |
| and telemarketing techniques. So for this reason | | | | the FTC should not get a dime since they are in |
| the FTC will not do anything about this issue. | | | | cahoots with the BBB and are allowing this to |
| The BBB is above the law. They often lie to | | | | continue for years on end. The FTC and the BBB |
| prospective members to make sales, meanwhile | | | | should stop throwing stones at franchisors and |
| attack franchisors using entrapment techniques | | | | their franchisee team members. |