Earnings Claim definition

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:
Sample 1Sample 2Sample 3
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.
Sample 1Sample 2Sample 3
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”).
Sample 1Sample 2Sample 3

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.

  • Although Defendants and their representatives have routinely made claims to prospective purchasers about likely earnings, they have failed to provide prospective purchasers with an Earnings Claim statement, as required by the Business Opportunity Rule, which includes the beginning and ending dates when the represented earnings were achieved, and the number and percentage of all persons who purchased the business opportunity and achieved the stated level of earnings.

  • An Earnings Claim statement includes information on the range of sales at prospective locations, information on costs, statistical data about operations and other important financial information.

  • In addition, by conditioning the rescission of the Virginia Franchise Agreement on Trouard’s execution of the Earnings Claim Letter, Dickey’s was in effect requiring Trouard to waive his claims against Dickey’s for making earnings claims in violation of COMAR 02.02.08.16.D(3).

  • On February 19, 2013, only 3 days before Trouard’s restaurant was scheduled to open, Dickey’s presented Trouard with the Earnings Claim Letter, which conditioned Dickey’s agreement to rescind the Virginia Franchise Agreement and enter into the Maryland Franchise Agreement on Trouard’s affirmation that he received had received no financial performance representations from or on behalf of Dickey’s, which representations Dickey’s knew, or in the exercise of reasonable care should have known, to be false.

  • Trouard was told that he would need to sign the Maryland Franchise Agreement and the Earnings Claim Letter in order to open his restaurant.


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:
Sample 1Sample 2Sample 3
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.
Sample 1Sample 2Sample 3
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.
Sample 1Sample 2
Earnings Claim has the meaning set forth in Section 4.34(y) below.
Sample 1Sample 2
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.
Sample 1Sample 2
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...
Sample 1

Related to Earnings Claim

  • Unsecured Claim means any Claim that is not a Secured Claim.

  • Tax Claim has the meaning set forth in Section 6.05.

  • Secured Claim means a Claim that is secured by a Lien on property in which any of the Debtors’ Estates have an interest or that is subject to setoff under section 553 of the Bankruptcy Code, to the extent of the value of the Claim holder’s interest in such Estate’s interest in such property or to the extent of the amount subject to setoff, as applicable, as determined pursuant to section 506(a) of the Bankruptcy Code or, in the case of setoff, pursuant to section 553 of the Bankruptcy Code.

  • Disallowed Claim means (a) a Claim, or any portion thereof, that has been disallowed by a Final Order or a settlement, (b) a Claim or any portion thereof that is Scheduled at zero or as contingent, disputed, or unliquidated and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law, or (c) a Claim or any portion thereof that is not Scheduled and as to which a proof of claim bar date has been established but no proof of claim has been timely filed or deemed timely filed with the Bankruptcy Court pursuant to either the Bankruptcy Code or any Final Order of the Bankruptcy Court or otherwise deemed timely filed under applicable law.

  • Intercompany Claim means any Claim held by a Debtor against another Debtor.

  • Covered claim a Claim that one Party intends to assert against the other Party, its Affiliates, or any of their personnel, other than (a) Claims seeking injunctive relief, (b) Claims of 8x8 or its Affiliate relating to Billed Amounts not disputed in accordance with Section 7.2 (Payment of Billed Amounts), and (c) Claims that the other Party is expressly required to defend under the Agreement.

  • Allowed Unsecured Claim means all or that portion of an Unsecured Claim which is an Allowed Claim.

  • Administrative Claim means a Claim for costs and expenses of administration of the Estates under sections 503(b), 507(a)(2), 507(b), or 1114(e)(2) of the Bankruptcy Code, including: (a) the actual and necessary costs and expenses incurred on or after the Petition Date of preserving the Estates and operating the businesses of the Debtors; (b) Allowed Professional Fee Claims in the Chapter 11 Cases; and (c) all fees and charges assessed against the Estates under chapter 123 of title 28 of the United States Code, 28 U.S.C. §§ 1911-1930.

  • Administrative Expense Claim means any right to payment constituting a cost or expense of administration of the Chapter 11 Cases under sections 503(b) and 507(a)(2) of the Bankruptcy Code including, without limitation, (a) any actual and necessary costs and expenses of preserving the Estates, (b) all compensation and reimbursement of expenses to the extent Allowed by the Bankruptcy Court under section 330 or 503 of the Bankruptcy Code, (c) any fees or charges assessed against the Estates under section 1930 of chapter 123 of Title 28 of the United States Code, (d) all Claims arising under section 503(b)(9) of the Bankruptcy Code, and (e) the Prepetition Lenders Adequate Protection Claims.

  • Allowed Claim means an Allowed Claim of the type described.

  • AWR Claim means any complaint or claim to a tribunal or court made by or on behalf of the Agency Worker against the Hirer and/or the Employment Business for any breach of the AWR;

  • General Unsecured Claim means any Claim that is not a/an: Administrative Claim; DIP Facility Claim; Professional Fee Claim; Priority Tax Claim; Secured Tax Claim; Other Priority Claim; Other Secured Claim; Intercompany Claim; Prepetition Debt Claim; or 510(b) Equity Claim.

  • Disputed Claim means any Claim that is not Allowed.

  • DIP Claim means all Claims held by the DIP Lender under the DIP Facility Term Sheet, the DIP Facility, or the Financing Orders, which includes Claims for all principal amounts outstanding of up to $9,000,000 (subject to increase pursuant to the Financing Final Order), plus interest pursuant to the terms of the DIP Facility Term Sheet and the Financing Orders.

  • IPR Claim means any claim of infringement or alleged infringement (including the defence of such infringement or alleged infringement) of any IPR, used to provide the Services or as otherwise provided and/or licensed by the Supplier (or to which the Supplier has provided access) to the Authority in the fulfilment of its obligations under this Framework Agreement;

  • Unsecured Claims means claims which are not secured by any property of the Debtor’s Estate and which are not part of any other class defined in this Plan.

  • 503(b)(9) Claim means a Claim or any portion thereof entitled to administrative expense priority pursuant to section 503(b)(9) of the Bankruptcy Code.

  • Priority Claim means a Claim that is entitled to priority in payment pursuant to section 507(a) of the Bankruptcy Code that is not an Administrative Claim or a Priority Tax Claim.

  • Cure Claim means a Claim (unless waived or modified by the applicable counterparty) based upon a Debtor’s defaults under an Executory Contract or an Unexpired Lease assumed by such Debtor under section 365 of the Bankruptcy Code, other than a default that is not required to be cured pursuant to section 365(b)(2) of the Bankruptcy Code.