Tropic Shield Inc. of Irvine

This company sells a vehicle detailing business opportunity offer. Respondents must become authorized dealers for a product called Advanced Appearance Protection (AAP). The product is advertised as an auto, boat, and aircraft sealant, or polish, and is marketed solely by the network of business owners who are qualified AAP Dealers. The product is advertised to be an acrylic finish that creates a corrosive & oxidation resistant shield that resists the harmful effects of the environment such as industrial fallout, the ultra-violet & infrared rays of the hot sun, as well as moisture salt air & insects. Application of the product is said to eliminate frequent waxing or repainting. The cost of the initial investment is between $1200 and $3200.

Our experience with some seller-assisted marketing plans (SAMPs) is that claims about the plans’ income potential, the opportunity to work from your home--part time, if you wish--and the ability to realize success with little or no experience are unfounded.

Complaints about these types of plans allege that the promised assistance was not provided, at least to the extent represented, and that the product or service quality or marketability was misrepresented.

California law requires SAMP offerings to provide certain disclosures early in the process of the sale, including exactly what the seller will do for you, any training required and promised by the seller, payment information, etc. If the seller made any statements to you about earnings potential, he/she is required to provide you data substantiating such claims when they are made or soon after, if they were made by mail or telephone. If such representations were made, the disclosure statement must include a statement that no guarantee of earnings or ranges of earnings can be made.

Other information, such as whether the seller or others connected with the company have ever been convicted of a felony or misdemeanor or filed bankruptcy, must be provided at least 48 hours before you execute the contract or pay anything, but this information may be combined in the disclosure sheet.

If the seller represents, either orally or in writing, that a “buy-back” arrangement exists or that your initial payment is protected from loss or “secured,” those arrangements must be fully disclosed and explained. If the seller makes such representations, he/she must obtain a bond or deposit money into a trust account and include information about it in the information or disclosures you are to receive. And if you must pay more than 20% of the cost as an initial payment prior to delivery, the contract should reflect an established escrow account.

You have the right to cancel a SAMP contract for any reason within three business days of the date you and the seller sign the contract, and your contract must give you full information about how to cancel. You may also void your contract within one-year from the contract date if, for example, the seller uses any misleading statements, does not provide the required disclosures, or if the company’s contract does not comply with legal requirements.

The law does not allow you to waive any of the rights this law allows you, even if you should actually sign a waiver of them.
We recommend that you evaluate any SAMP offer carefully. Read your contract very carefully before signing, since verbal and even written representations may be made in person or in other documents that are not included in the contract. Use particular caution in accepting earnings claims or potential at face value.