Earnings Claim means any oral,written, or visual representation to a prospective purchaser that conveys, expressly or by implication, a specific level or range of actual or potential sales, or gross or net income or profits. Earnings claims include, but are not limited to:
Earnings Claim means any representation to consumers, specific or general, about income, revenues, financial gains, percentage gains, profit, net profit, gross profit, or return on investment.
Earnings Claim means any oral, written, or visual representation to a consumer, prospective purchaser or investor that conveys, expressly or by implication, a specific level or range of actual or potential sales, or gross or net income or profits. Earnings claims include, but are not limited to, any: (1) chart, table, or mathematical calculation that demonstrates possible results based upon a combination of variables; and (2) statements from which a consumer, prospective purchaser or investor can reasonably infer that he or she will earn a minimum level of income (e.g., “earn enough to buy a Porsche,” “earn a six-figure income,” or “earn your investment back within one year”).
Examples of Earnings Claim in a sentence
Section 437.1(f): Earnings Claim The final Rule’s key feature is the disclosure document, which provides a potential purchaser of a business opportunity with five items of material information, including written disclosure of all ‘‘earnings claims’’ made by the seller, before the purchaser pays any money or executes a contract.
In numerous instances, Defendants have made earnings claims to prospective purchasers in connection with the offering for sale, sale, or promotion of a business opportunity while, among other things: (1) lacking a reasonable basis for the earnings claim at the time it was made; (2) lacking written substantiation for the earnings claim at the time it was made; or (3) failing to provide an Earnings Claim statement to the prospective purchaser, as required by the Business Opportunity Rule.
For measures not included in the statewide technical performance studies, no adjust- ment will be made.4. Fourth Earnings Claim: The fourth earnings claim will be made in the tenth year after the pro- gram, as indicated above.
The Archadeck FDD currently includes a detailed I tem 19 Financial Performance Representation ( Earnings Claim).
Claiming Costs – Support Staff Support staff must obtain a “Loss of Earnings Claim Form” from the courts.
More Definitions of Earnings Claim
Earnings Claim means any oral, written, or visual representation to a prospective pur- chaser that conveys, expressly or by implica- tion, a specific level or range of actual or po- tential sales, or gross or net income or prof- its. Earnings claims include, but are not lim- ited to:
Earnings Claim means any representation, specific or general, about income, revenues, financial gains, percentage gains, profit, net profit, gross profit, or return on investment. Earnings Claims include, but are not limited to: (a) any chart, table, or mathematical calculation that demonstrates possible results based upon a combination of variables; and (b) any statements from which a prospective purchaser can reasonably infer that he or she will earn a minimum level of income (e.g., “earn enough money to buy a Porsche,” “earn a six-figure income,” or “earn your investment back within one year”); and (c) any statements, claims, success stories, endorsements, or testimonials about the performance or profitability of representatives, endorsers, instructors, or customers.
Earnings Claim means any representation to consumers, specific or general, about income, financial gains, percentage gains, profit, net profit, gross profit, or return on investment. Earnings Claims include, but are not limited to: (a) the details of specific profitable trades, whether actual or hypothetical; (b) references to quitting one’s job, not having to work, or living off of income from trading; (c) references to increased purchases or savings, including a home, vacations, or travel; (d) claims that consumers will not lose money if they use a particular trading strategy; (e) claims that profits are likely, probable, or the “mathematical” result of applying a particular trading strategy; and (f) any representation, even hypothetical, of how much money a consumer could or would earn.
Earnings Claim has the meaning set forth in Section 4.34(y) below.
Earnings Claim means information given to a prospective franchisee by, on behalf of or at the direction of the franchisor or its agent, from which a specific level or range of actual or potential sales, costs, income or profit from franchised or non-franchised units may be easily ascertained.
Earnings Claim means any oral, written, or visual representation to a prospective purchaser that conveys, expressly or by implication, a specific level or range of actual or potential sales, or gross or net income or profits. Earnings claims include, but are not limited to:(1) Any chart, table, or mathematical calculation that demonstrates possible results based upon a combination of variables; and(2) any statements from which a prospective purchaser can reasonably infer that he or she will earn a minimum level of income (e.g., ‘‘earn enough to buy a Porsche,’’ ‘‘earn a six-figure income,’’ or ‘‘earn your investment back within one year’’). (Federal Register / Vol. 71, No. 70 / Wednesday, April 12, 2006 / Proposed Rules,19087)an endless chain of salespeople on which every new recruit can “potentially” earn “unlimited” income – makes an income claim inherent to the model. Therefore no option should be allowed for multi-level marketing companies to check the box indicating it makes “no earnings claim”.2. Disclosure of the average retail-based income earned by each level of the hierarchy. This average must be documented with verifiable data on actual retail sales.The distinguishing feature of the pyramid selling scam is the lack of retail sales. Retail sales activity is the dividing line between bogus, deceptive scams and legitimate direct selling. This standard has been applied consistently by the FTC, written into various state laws9 on pyramid schemes, and repeatedly confirmed and upheld by federal courts. Any rule seeking to cover multi-level marketing schemes that does not require disclosure of verifiable retail sales revenues will fail to protect consumers. A rule that omits the critical retail sales level component could actually aid fraudulent schemes by seeming to endorse them for complying with less relevant and significant disclosures.Withholding data on actual income from retail selling is the central element of deception in of disguised pyramid selling scam. By withholding this data, while also claiming to operate as a “direct selling” company, the pyramid scheme maintains the fiction of legitimacy and is able to convince consumers that it offers a viable income opportunity to large numbers of participants. Lack of retail sales, in fact, results in virtually no income opportunity being available to nearly all investors (recruited salespeople). The non-retailing, recruitment-based MLM is, in reality, nothing more than an endless chain recruitment scheme with a b...
Earnings Claim means any specific or general representation, express or implied, about income, whether hourly or otherwise, revenues, financial gains, profit, net profit, gross profit, or return on investment.