BUSINESS
Everything you want to know about Market America
FACT: UPDATE - JUDGE RULES IN FAVOR OF MARKET AMERICA IN LAWSUIT BROUGHT BY FORMER CONSULTANT.
GREENSBORO, N.C. (May 29, 2007) — A court ruled in favor of Market America in a lawsuit brought against the company by a former consultant. Superior Court Judge John O. Craig, III, granted partial summary judgment on April 24, 2007 in favor of Market America on Steve Sawyer's claim under the North Carolina Wage & Hour Act contending that he was an employee rather than an independent contractor as stated in his agreement with Market America. Sawyer immediately appealed the ruling rather than proceed with trial on his remaining claim.
FACT: UPDATE - A DISGRUNTLED FORMER CONSULTANT IS ATTEMPTING TO USE A LAWSUIT FOR PROFIT AND TO EMBARRASS MARKET AMERICA.
On April 24, 2007, Market America prevailed in a lawsuit brought against the company by a disgruntled former consultant, Steve Sawyer. The trial court granted partial summary judgment in favor of Market America on Sawyer’s claim under the North Carolina Wage & Hour Act contending that he was an employee rather than an independent contractor as explicitly stated in his agreement with Market America. Sawyer decided to immediately appeal the adverse ruling rather than proceed with trial on his only remaining claim.
The case arose out of Market America’s termination of Sawyer’s consulting agreement in 2006 after Sawyer made an unjustified demand for bonus compensation and refused to perform his contractual duties until Market America paid him. On March 3, 2006, Sawyer filed the action against Market America alleging breach of contract and a violation of the Wage & Hour Act. Sawyer’s consulting agreement with Market America stated that he was an independent contractor. In his complaint, however, Sawyer claimed he was, in fact, an employee and sought to obtain potential liquidated damages and attorneys’ fees on that ground.
The court ruled that Sawyer could not bring that claim.
Sawyer’s actions in the lawsuit are part of a continuing campaign by him against the company. After he filed his lawsuit, he began sending email to a confidential list of Market America distributors that he obtained while under contract with the company. In his emails, Sawyer reported that he “left” the company and not that his contract had been terminated. After Market America contacted his attorney regarding the misappropriation of confidential information, Sawyer stopped sending such email.
Thereafter, he posted a copy of his complaint on his Web site, which also made unauthorized use of Market America’s trade dress in the form of an eagle and a flag. Market America again contacted Sawyer’s lawyer to stop the use of his lawsuit as a method to drive traffic to his Web site and Sawyer was forced to remove the Market America trade dress elements. Nevertheless, Sawyer has continued to post information concerning the lawsuit, but has not posted Market America’s Answer to the complaint nor a copy of the judge’s recent ruling in Market America’s favor.
It is unfortunate that Sawyer has chosen to file a lawsuit and use it as a tool to promote himself and his business and to denigrate Market America. However, Market America remains confident that it will continue to prevail on all claims.
FACT: MARKET AMERICA IS A PRODUCT BROKERAGE AND INTERNET MARKETING COMPANY SPECIALIZING IN ONE-TO-ONE MARKETING AND MASS CUSTOMIZATION.
The company uses advanced technology that allows customers to design products that fit their personal needs. Independent distributors around the world sell these products through the UnFranchise® business system.
Product Brokerage – By operating as a product brokerage, Market America is able to operate without the burdens and restrictions of huge manufacturing facilities. The company seeks suppliers to fulfill customers’ high product expectations. Without the expense normally associated with re-tooling manufacturing, the company is able to easily adapt to the market and ever-changing customer needs.
One-to-One Marketing – In order to fully serve customers, a company must understand their needs and wants, which requires an intimate relationship. One-to-One Marketing establishes that relationship and uses it to collect and analyze massive amounts of data that help predict market shifts.
Mass Customization - Mass Customization is the mass production of individually customized goods and services. Mass Customization is the cost-efficient assembly of a product from preconfigured modules or components, in much the same way as Legos® components can be used to assemble various finished products. Do not confuse Mass Customization with customization, which involves production from scratch to a customized specification.
FACT: MARKET AMERICA HAS MAINTAINED SOLID GROWTH DESPITE LAGGING ECONOMIES WORLDWIDE AND STAGNANT JOB GROWTH.
Since its founding in Greensboro, NC in 1992, the company has grown into an international one-to-one marketing phenomenon with operations around the globe.
Despite fluctuating economies Market America has posted solid growth every quarter. The company publishes an annual report detailing every aspect of its business.
Click here to view the company’s annual report income statements.
FACT: MARKET AMERICA IS A PRIVATELY OWNED COMPANY.
In 2002, JR Ridinger took the company private by performing a stock buy-back. JR’s belief was that he could have better control and more effectively lead the company without the burdens of costly SEC filings and investor relations.
Though the company is privately-held, Market America continues to publish an audited annual report.
FACT: MARKET AMERICA PURSUES PHILANTHROPIC AND CHARITABLE AVENUES TO FURTHER ITS MISSION TO CHANGE THE WORLD.
Every year, Market America and it s employees give money and time to organizations such as the Red Cross, Make-A-Wish Foundation, Salvation Army, SPCA, and the Cystic Fibrosis Foundation.
The company has also endowed business curriculum programs at The University of North Carolina at Chapel Hill and at The University of North Carolina at Greensboro to help foster entrepreneurial spirit and spur business growth.
