http://www.pinktruth.com

Here is the latest on the lawsuit Mary Kay Cosmetics brough against Touch of  Pink Cosmetics and Amy and Scott Weber. It doesn't look good. Touch of Pink asked for the court to throw out the jury verdict and/or to order a new trial. Both of those were denied.

The court also ruled that Touch of Pink must pay Mary Kay $1,139,962, which are the company's pre-tax profits from 2005 through 2008. (For those doing the math, that's 4 years of business and about $285,000 of profits each year. And for those who care about the numbers, Touch of Pink had $3.8 million in total sales over that same period.) 

Even worse, the court granted Mary Kay a permanent injunction against Touch of Pink. Ultimately, the court concluded that Touch of Pink harmed Mary Kay because of the confusion of customers.  I believe that Touch of Pink has been very clear that they're not affiliated with Mary Kay, but the court disagrees with me. The court also said that Mary Kay is being harmed because the company cannot control its image as presented via Touch of Pink's actions.

The injunction prohibits Touch of Pink from:

1) Promoting, advertising, offering for sale, selling, or otherwise distributing any Mary Kay products by using the name “Touch of Pink Cosmetics” or “MaryKay1Stop.”
2) Promoting, advertising, offering for sale, selling, or otherwise distributing Mary Kay products that are beyond their shelf life or expiration date.
3) Promoting, advertising, offering for sale, selling, or otherwise distributing any Mary Kay product in a manner that suggests that the defendants are endorsed by, sponsored by, or otherwise affiliated with Mary Kay.

You read that correctly. Touch of Pink can't conduct the business of buying and reselling Mary Kay products using the name Touch of  Pink. They also can't sell any expired products. (Not withstanding the fact that MK consultants still can sell expired products if they have them on hand.)

The last part of the injunction is quite interesting.

• Touch of Pink can't use any part of MK's own descriptions of their product.
  
• They can't say any MK items are on "backorder."
  
• They can't tell customers to contact a local Mary Kay consultant if they want products with future expiration dates.
  
• They can't tell consultants that if their products are less than 12 months old, they can sell them back to MK for 90% of wholesale.
  
• They can't call themselves a "one stop shop" for a consumer's Mary Kay needs.
• They can't tell their cusotomers that they're selling authentic products from former consultants which are unused and untested.

Touch of Pink is also prohibited from saying that they're an "outlet" for consultants to get rid of slow moving products, or that they're former MK consultants helping to liquidate inventory. The court said both of these things suggest a relationship between Touch of Pink and Mary Kay.

Mary Kay wanted Touch of Pink to be prohibited from selling any section 2 items (catalogs, sales aids, samples, etc.). The court prohibits Touch of Pink from selling MK catalogs, but they are allowed to sell other section 2 items.

Mary Kay also asked that Touch of Pink be prohibited from using the MK name in any way, and that they be prohibited from purchasing keyword advertising on the internet linked to the name Mary Kay. The court said that Touch of Pink is only allowed to use as much of the MK name as necessary to identify the products they are selling. They are still allowed to purchase keyword advertising, but they can only use the words "Mary Kay" immediately preceding a product name (in order to identify the brand of that product).

The bottom line? Touch of Pink can still sell Mary Kay products, but there are so many rules and restrictions placed on them, that I can't imagine they could do so effectively. I believe that Touch of Pink provided a very valuable service as a last resort for women to recover some of the money they lost through their MK ventures. I believe Touch of Pink was careful to make it clear that they were unaffiliated with Mary Kay, and I believe that they've been above board with everything.

Unfortuantely, the court disagrees and Mary Kay is essentially getting their wish in putting Touch of Pink Cosmetics out of business . MARY KAY SUCKS.

Comments

Search

Truth Hurts   |2009-10-17 11:53:46 Wow...I was never in Mary Kay but when this whole thing started happening, I looked at the Touch of Pink website. I did not get the impression that they were affiliated with Mary Kay in ANY WAY. Only a complete moron would think that they are. We now know what Mary Kay thinks of it's customers. Isn't the point of business competition? Instead of suing your competition, I dunno why not try competing?!

Pax   |2009-10-17 11:55:21 That's such a shame. As long as corpse can have lawsuits heard only in Dallas they will always win. The only way someone will win against corpse is if they have deep products or someone who is willing to assist them in fighting corpse in the manner they should be fought.

thinkingpinkstinks   |2009-10-17 12:14:55 Another reason never to purchase another MK product EVER. What do you expect out of a Dallas courtroom?

ttp   |2009-10-17 12:38:28 This is appalling. Looks like the one with the deeper pockets won. Justice can be bought in Dallas.

TRACY   |2009-10-17 12:58:43 I love the fact that TOP can't inform consultants about the opportunity to return products to MK for a 90% refund of wholesale. What's so wrong with that? It's true. Oh wait... MK doesn't want anyone knowing about that policy unnecessarily.

vintagegold   |2009-10-17 13:55:10 What goes around comes around. Everyone gets what they deserve. Mary Kay suing someone for "harming" them? What about the MILLIONS of women who have been harmed by Mary Kay? Isn't there any way to bring a lawsuit against them? They said we were independent, but we were put in direct conflict with our directors because our orders affected their jobs. Talk about emotionally manipulating someone. I bet we could gather thousands of women who felt "guilted" into continuing Mary Kay even when it wasn't in their best interests.

CCA   |2009-10-17 14:14:48 There is no justice

puc4now   |2009-10-17 15:10:47 Let's put Mary Kay out of business. Stealing 1 million out of Touch of Pink's business because MK has no retail customers! They can't stand to see anyone actually selling MK products to actual customers for a profit. How can I say this politely.... I hope everyone at MK Corporate lives to be 100, every day of their lives in agonizing pain, and then burns in hell for all eternity. Now I feel better.

CaptainEm   |2009-10-17 15:13:49 What? Mary Kay already made their money on those products! Touch of Pink was not declaring themselves MK!

The Scribbler   |2009-10-17 15:24:20 "Touch of Pink can still sell Mary Kay products, but there are so many rules and restrictions placed on them, that I can't imagine they could do so effectively." Hey, if many consultants can't unload their boxes of Texas-tweaked Timewise and Chinese-crafted creams without hacking their price down 30-60%, what makes you think Touch of Pink should be allowed to? Mary Kay's actions confirm this much; they are a business and will get their money by any means possible, even if it means raking someone who was truly helping other women over the coals. Be of good cheer, friends - a battle may have been lost, but not the war.

pinkflew   |2009-10-17 15:29:38 I am so angry I could scream. This is the most ridiculous ruling I have ever heard. It makes NO sense whatso ever. I say all of us, those of us with our eyes wide open to the evils of this atrocious company, help TOP. Lets ALL go to their website in the next three days, and order SOMETHING. A Key finder, a purse hodler, anythign on their website for sale and give them some business. Help show that this is a good and viable company. It will be a dorp in the bucket but maybe we can help them with our love and support and pay a teeny bit of their legal bills too....and if we pass it on and encourage our friends and realtives to buy something too, we can make more of a difference. It will not only be a monetary blessing but a kind of "hug" when friends and friends of friends log in and purchase items from as a sign of support. (And a not so nice gesture to MK corp - figuratively - at the same time, ahem.... )

pinkflew   |2009-10-17 15:30:15 Okay so I forgot to spell check, sorry. Hope you get the idea....

freshoutofpink   |2009-10-17 15:30:46 I still have the voice mail from corporate saying they were going to do everything in their power to shut TOP down. I really didn't think they could pull it off. I am absolutely disgusted by Mary Kay. The sales force paid top dollar for the cosmetics and if they sold to TOP they took a loss. Yes, MK already got their money! So damn greedy! I hope to God someone gets Mary Kay good for being the wicked, lying, cheating, stealing company that they are! Those MK fat cats are probably celebrating good right now but.... They'll get theirs because it is the law of the universe that what goes around, comes around! I hate Mary Kay!!! I hope they go down!

gotheart   |2009-10-17 16:07:09 how can we help top?

kirads09   |2009-10-17 16:37:24 Quote: I love the fact that TOP can't inform consultants about the opportunity to return products to MK for a 90% refund of wholesale. What's so wrong with that? It's true. Oh wait... MK doesn't want anyone knowing about that policy Exactly! They try to keep it very well under wraps.  Sometimes even lying to consultants about exactly how returns work and when their "year" is up. I think this lawsuit is all about showing their control. MK Corpse wants the revenue and control over all the sales of any and all MK products no matter what. It has nothing to do with potential customers being "confused" btwn Mary Kay and TOP. When you go to TOP's site, it couldn't be any clearer. Just look at how massive the number has gotten on the returned product tally here on this site. Look at Ebay and Craigslist and all the Mary Kay products up for sale. If the product "sold itself" like they claim and being an IBC and SD was as wonderful and profitable as they claim, there wouldn't be such a horrible attrition rate. IF the company claims were true wouldn't be tons of product needing to liquidated. TOP sprung up because there was/is a market for all the unsold inventory former MK reps get stuck with. Mary Kay Inc also needs a reality check in this regard. There are outlets and secondary markets springing up for pretty much everything and anything these days. Are they going to try and stop all reselling of the product by non MK consultants?  I think that would be near impossible. I think we can help TOP by continuing to inform the ex-MK community that they exist and do what they do.

CaptainEm   |2009-10-17 17:31:31 I just bought some eyeliner from TOP. Not much, I know, but I will be a customer!

optimisticconsultant  - OMG!   |2009-10-17 17:40:45 Mary Kay is just exercising their rights! You're all telling me that if you owned a company and someone started selling your products, you would be fine with it?????????????? I'll say it again, move on people...

icanbecomesane   |2009-10-17 17:48:52 What Puc4now said.

TRACY   |2009-10-17 18:44:50 Sounds like optimisticconsultant needs to "move on" from Pink Truth.

PinkBubblePopper   |2009-10-17 18:49:36 Mary kay already got their money from the first sale to the consultant. Are they going to go after EVERYONE who misuses or sells the product after they bought it? What next? Let's monitor all of the people who bought product from a consultant and then decided to sell it a friend because they couldn't use it or something? Heck I don't know, I'm just upset that MK won. I personally do not buy any MK product of any sort anymore, simply because I don't want to feed the monster that is mary kay. If we could get a mass boycott of products, we'd crush them for sure!

janeb   |2009-10-17 19:04:33 ok Mary Kay game on. We will tell everyone to stay the hell away from your corrupt company!

icanbecomesane   |2009-10-17 19:06:22 Go Tracy!!! ( I wanted to say something really not nice. )

recoveringmkaddict   |2009-10-17 19:12:08 Mary Kay is not entitled to anything beyond their wholesale price they charge Consultants. Taking the profit from sales, whether it be from a Consultant, TOP or the flea market lady, is not their place. I'm becoming more and more ashamed to be part of this company. I'm sure this was a case of TOP lawyers vs. MK Corp Legal Dept, MK execs AND the hoity-toity law firm they hired. TOP most likely didn't stand a chance of coming out ahead. So unfair. When I first heard of the idea of TOP, I remember thinking it was a brilliant idea. What a savior for all those women stuck with thousands of dollars worth of products. It seemed like a solution for everyone involved...except MK Corp. Obviously they weren't going to let it go. Actually, come to think of it, that's how I even heard of TOP...it was Darryl Overcash's recorded call to me announcing the lawsuit. Naturally out of curiousity I went right to the web sight. From that point on, I passed the word on to my former and current Consultants who I knew went overboard on product purchases. So there! He shot himself in the foot when he sent that message to Directors. It just fed the TOP market.

freeandempowered   |2009-10-17 20:00:28 Hopefully all of the SDs that secretly counted on TOP to unload all the crap they ordered to meet a goal, keep a car or win a cloudy diamond, will think twice about even ordering from MK. They KNOW there are no REAL customers and SDs probably depended on TOP just as much as former consultants did.

CaptainEm   |2009-10-17 20:13:51 optimistic completely missed the point. MK is trying to control something they already sold. I used the make-up remover to clean up a gift statue for my boss. What if MK doesn't like how I used something my consultant at the time already purchased from them? Are they going to sue us?

outsidethepinkbox   |2009-10-17 20:14:45 Some day & there WILL be a day, that the noose will come back around the neck of Mary Kay......and rightfully so! Can/will TOP appeal?

The Scribbler   |2009-10-17 20:22:21 Optimistic, do you mean "exercising their rights" as in the right to rape Touch of Pink's profits by demanding that MK be paid a second time for inventory that was already paid in full to begin with? For your sake, I hope Corporate doesn't see fit to terminate your consultant agreement on a whim, because if they did, they'd just be "exercising their rights," as in: "...the Agreement may be terminated by either party effective immediately for any breach of its provisions or by either party at any time..." (singing) "One of these things is MUCH like the others..."

vintagegold   |2009-10-17 20:26:52 If, after being sold, Mary Kay still has a claim on the products, then maybe the consultants can sue them for warehouse/storage fees. I thought the Law of First Sale basically said that once you sold an item, you have no say in what happens to the product after that. Mary Kay is on a rampage because they have used up most of the women in this country. That's why they are going after the newly 18 year olds. All Pyramids eventually run out of people unless population growth is present. If the # isn't increasing, the pyramid crumbles, and Mary Kay is showing very well that that is exactly what is happening. TOP wasn't interfering with (independent) consultant contracts...Mary Kay was...

pinkflew   |2009-10-17 21:48:35 TOP sells other items besides MK. They have a nice selection of other products. We can help them by getting items for Christmas gifts and stocking stuffers to our friends, spreading the word to any and all that we know and encourage them to patronize TOP. Tracy, perhaps John Stossel (on Fox news now) needs to be contacted and have him sit down and hear the REAL TRUTH about MK and also TOP and maybe he would let you have a final say after he goes to MK corp for "their side". Fox says they are "fair and Balanced". Maybe they need to be given the truth on this and see if they will run with it....

Still Breaking The Basic   |2009-10-17 21:54:27 Optimistic, You may be an optimistic consultant today, but what will you do with all the inventory you've accumulated once you realize that: Your inventory is out-dated, You're deeply in debt, You're not making any profit, and You've been lied to? Who will you help you get rid of the inventory you can't return to MK and pay down some of your credit card debt?

CSI:MaryKay   |2009-10-17 22:22:32 I don't understand? I've been eying the TOP site because they have eye shadow and lip gloss I absolutely loved but MK discontinued. I am well aware that they may be passed expiration because they tell you that when you read the disclaimer upon entering the site and guess what? I'm ok with that. How many times I got expired product from my old consultant? who knows but it didn't seem any different. I believe TOP is doing a service for those of us who loved a product but MK decided to stop making and selling it. They make me so mad. I mean I really didn't realize how much stuff MK stopped making until I looked at the site. If there was a return policy on product that was being stopped MK would not be making any money. I'm still glad TOP will be able to operate.. They will find away because were there is a will there is a way.

disillusioned pinkie   |2009-10-18 07:36:02 This just makes me so sad...

Pax   |2009-10-18 08:02:41 TOP, please appeal the case...all the way to the Supreme Court if you have to. This company needs to be stopped.

pinkpunch   |2009-10-18 10:44:18 Don't even waist your time on optimistic consultant b/c you can't argue with an uneducated, foolish idiot. It's obvious that she's brainless and under the spell of MK. What caught my eye was this word usage... The court also said that Mary Kay is being harmed because the company [b]cannot control [/b its image as presented via Touch of Pink's actions. There's the bottom line, right there in black and white! Oh my...something that MK cannot control. Well, that's enough to get their feathers ruffled...I mean, they do feel that they have the right to control everyone and everything.

pinkpunch   |2009-10-18 10:49:43 oops, I typo-ed...I meant waste not waist...while typing I was thinking about all of those brainwashed, pink pigs again.

Angelwoman   |2009-10-18 12:37:21 MK Corporation is just like my Illinois MK SD and her husband. If they can't control you then they want to destroy you! I say BOYCOTT MK FOREVER! The website www.eyeslipsface.com has better cosmetics than MK and they only cost a $1.00. Walgreens has Wet N' Wild cosmetics and they are better than MK and they only cost a $1.00. Dollar Tree stores sell brand name cosmetics for a $1.00 and they are better than MK. Go to www.allure.com and check out the best beauty products and MK is not listed for anything! I'll bet you a bottle of French perfume made in France, that optimistic consultant is a man and VP of MK! The VPs of MK have been scoping out this pinktruth.com since it came out! They are worried about their paychecks! BOYCOTT MK FOREVER! BOYCOTT MK FOREVER! BOYCOTT MK FOREVER! BOYCOTT MK FOREVER! BOYCOTT MK FOREVER!

puc4now   |2009-10-18 13:38:17 Will Corpse be shutting down their IBCs' bogus retail outlets in Nigeria? Didn't think so. They buy their products directly from the horse's ass - I mean mouth - in Dallas. Rules are made by MK only to be interpreted to their benefit. I'm still here, and still mad. * insert fiery icon here*

pinkpinkustink   |2009-10-18 17:22:49 TOP..... Appeal, get a better lawyer!

raisinberry   |2009-10-18 18:04:36 See how much Mary Kay loves you, consultants? First they don't want you thinking you have 12 rolling months to return product, so after your first 12 months has passed and you think you're out of luck, you suck it up and eat the loss. Mary Kay doesn't want to refund you 90% and now doesn't want you getting pennies on the dollar liquidating your merchandise...on merchandise they already received all the money they were ever going to receive. No, that product that you now OWN, from your INDEPENDENT BUSINESS, can not be liquidated in any recognizible way for you to make back some of your expense. This is called a double screw job. You are screwed getting in to mary kay and screwed getting out.... How's that "enriched" life feel about now? Suing TOP was all about recruiting. Period. Recruits jump on the internet and see bazillions of items for sale...at cheaper than they can buy 'em. No thanks. Now let's see how EBAY handles this.

nomoremlm4me   |2009-10-19 07:06:48 I just received TOP's e-newsletter. They are having a massive sale of their MK products. My guess is they are trying to get rid of the MK albatross . I can't bring myself to purchase another single MK item, but they also have other products on their website. So, ladies, let's send some business their way!

raw joy   |2009-10-19 07:30:57 I hope this comes back to bite MK. If consultants can't unload their products, maybe they'll just send them back to MK. If people can't get their products cheaply, maybe they'll just stop using MK altogether. I'm hoping this is a case where MK may have won the battle but ultimately loses the war.

pinkpeace   |2009-10-19 08:21:08 I just placed a $75 order from TOP, and I'm so happy to support them. PUC4now - You GOT it, girlfriend! MK turns a blind eye to the Nigerian situation, but tells TOP to bend over and enjoy the ride.   This burns me up no end.

TheTruthShallSetYouFree   |2009-10-19 08:31:51 I am going to buy some of Touch Of Pink's handmade soaps for myself as a Christmas present. I will never purchase any MK products for as long as I live and I will tell others not to as well. I was "bullied" into buying MK many times, but I stood my ground. The people who work for MK should bully their Mothers. "Touch Of Pink" should change their name to "Touch Of Pretty". Get rid of that word "pink", they don't need it. There are so many other beautiful words in the dictionary. Ebay already has the new MK loose eye shadows for $3.00 and they wholesale for $7.00 and retail for $14.00. If that isn't a crock of "pink trash", then I don't know what is.

pinksedition   |2009-10-19 08:53:02 Thetruthshallsetyoufree, you took the words right out of my mouth. I thought they should change their name too. I was wondering if there was a way for them to offer MK products in "disguise" or something but it doesn't seem feasible to do it directly. I will continue to support them by purchasing other products.

whypink   |2009-10-19 10:32:42 Optimisticconsultant - If I devised a product (any type of product) for sale to the general public, why on earth would I complain that it was selling? No matter the venue, the sales are what counts in business. They (MK) made their profit the first time around. Consultants liquidate older inventory to ToP, get money, and many of them I believe go right on to make a new purchase of newly packaged items. Thus, another sale for MK. This is really strangling themselves, as each generation becomes wiser and more educated, the pool of unsuspecting women with low self esteem issues diminishes, and the ones they can manage to talk into the "opportunity" will have no where to dump their stuff, thus no more purchases when their cards are maxed. This is really a case of "trickle up theory" since they have actually cut themselves off from a major source of sales, I believe. No liquidator to pay for your unwanted product, no cash for you, no more purchases by you to MK as your cards are all full. You toss your product, wash your hands and join PinkTruth. Your director loses her percentage of your potential purchases, her director loses her cut. Multiply this by thousands and factor in the declining enrollment, the math really looks bad for MK.

The Scribbler   |2009-10-19 10:47:34 "I was wondering if there was a way for them to offer MK products in "disguise" or something..." Pinksedition, I regularly get a catalog called The Sportsman's Guide. The fellow who runs the business sells some "factory seconds"- type merchandise and I love the way he words it without telling which manufacturer it's from. He'll say something to the effect of, "We can't tell you where these great tents/shirts/etc came from but..." and then use an insanely creative way to refer to the product's name or give a clue about it. "Touch Of Pink" should change their name to "Touch Of Pretty". Get rid of that word "pink", they don't need it. There are so many other beautiful words in the dictionary..." And more fitting ones, too! Here's how I'd advertise my liquidation business:

whypink   |2009-10-19 11:24:57 LOVE IT! I hope the Weber's are following all of this!

TRACY   |2009-10-19 13:04:54 I'm sure the Webers can appeal, but I'd like to think their time and efforts are better spent revamping their business. After all, a jury concluded that they were trying to pass themselves off as Mary Kay and created confusion as to whether they were related to MK. On what basis, you ask? A couple of really stupid women who said they thought TOP was MK. I'm sorry, if you read their site with the disclaimers (which have been there practically forever) and STILL think that TOP is MK.... you're incredibly stupid. Yet the jury didn't consider whether a normal person would be confused by the TOP site. They took the word of the few idiots who were confused because they're idiots. So who's to say that an appeal would be successful? I'd say their chances of winning are slim. I would love to set up my own liquidation business and hire the Webers as my consultants, considering they know how to do it successfully. *sigh*

freshoutofpink   |2009-10-19 13:34:15 I say DO IT Tracy! Half of my former unit would sell to you today! Seriously, with your talent and the knowlege from your other job, you could get it all done! Perhaps between liquidation and Pink Truth an even bigger dent could be made in MKC. I feel super bad for the Webbers and I will be doing some Christmas shopping from TOP as well! My word to them is to revamp and come back! MK needs to go down!!!

puc4now   |2009-10-19 13:57:32 Just got back from the Touch of Pink website. They're dumping all MK products cheap, cheap, cheap - way under wholesale - just to get rid of the crap, like consultants all across America. "Mary Kay - the #1 cosmetic in landfills everywhere" "Mary Kay - the world's least sought after cosmetics and skincare" "Mary Kay - throw some away today!"

pinksedition   |2009-10-19 14:50:30 HEHE, I should do something like that locally.....kinda like the unclaimed baggage store. I'll sell everything for dirty cheap. It would be worth taking a loss on it just to piss off other kaybots.

katrink aka rodgirl   |2009-10-19 15:22:56 couldn't we all write letters or something? This just does not seem right.

Hunney   |2009-10-19 16:15:02 Mary Kay SUCKS. How incredibly evil.

sodone!   |2009-10-19 17:21:08 First, I'm amazed with how much $ TOP made! Wow now that's a successful business plan! Second, this is a sad day that SD's throughout MK are sitting around luking about how MK really does look out for them! GAG! They're not looking out for YOU, they are looking out for them!

thinkingpinkstinks   |2009-10-19 17:45:50 Just a quick question. Does anyone think that MK will go after e-bay sellers or e-bay itself for selling MK products? How about craigslist? Why can't women get rid of their product in any manner they want to?

vintagegold   |2009-10-19 17:59:53 Mary Kay does go after ebay and Craigslisters, but on any given day there are 20,000 to 60,000 listings for Mary Kay. They can't possibly take on that many people. They went after TOP because they made so much money.

thinkingpinkstinks   |2009-10-19 19:41:45 Wow. I hadn't been on e-bay or Craigslist for such a long time and was shocked at the amount of MK products for sale. Just proves our point even more that the sh** doesn't sell.

raisinberry   |2009-10-19 20:36:59 Yea...you'd think that MKC would get a clue! Add up all the product on EBAY, TOP, and a few of the other liquidators...and then consider that most consultants probably havent even tried a liquidator...THEN think of all the millions on IBC's shelves, ROTTING, and like raw says, IN LANDFILLS, and ask yourself how could ANY cosmetics company even DARE to claim they are a "best selling" brand. How can they even hold their collective heads up knowing that Mary Kay as a retail cosmetic is FRAUD and is nothing more than a wholesale buying club to 1.2 million women, many of which figured out TOP was cheaper!

vintagegold   |2009-10-19 20:39:13 I've sold some MK on ebay, and tonight I was getting ready to put some more on there and I got a legal disclaimer that said I MUST put a clear expiration date for my products or I can be liable for damages to another consumer. Funny how Mary Kay won't admit to an expiration date, they just tell you their products last "at least 3 years".

janeb   |2009-10-19 21:01:47 How many directors are there now?

vintagegold   |2009-10-19 21:21:49 They are raising the production requirements in January. They are going to lose a lot of Directors over that, not to mention that many Directors who were "faking it till they made it" bought their Directorships by liquidating with TOP. All those fake Directors have no one to sell to now. What they have done to the IBC's, Directors, TOP, etc. will be done to them.

Still Breaking The Basic   |2009-10-19 21:22:58 Remember the "Pink Doing Green" eco-fiendly campaign when they rolled out the black compacts? The only green anyone sees are the 1% at the top of the pink pyramid.

Still Breaking The Basic   |2009-10-19 21:24:05 Should be eco-friendly not eco-fiendly

Lazy Gardens   |2009-10-20 06:08:28 From Craigslist: CHEAP MARY KAY NEEDED! HI I NEED TO GET THE SATIN LIPS SET FOR A GIFT, LOOKING FOR SOMEBODY WHO SELLS MARY KAY AND COULD GIVE ME A GOOD DEAL ON THE ITEM... I DEEPLY APPRECIATE IT THX *********** Mary Kay Product all at less than COST!!!!!! Remember you will be saving on shipping and handeling locally!!!!! That's BIG $ SAVINGS $!!!!!

janeb   |2009-10-20 06:24:32 What will the new requirement be for them for directors

The Scribbler   |2009-10-20 10:33:16 Oh Lazy, how telling (and sad) it is to page through Craigslist and read the desperation of women who were saddled into big inventories! "ALL MARY KAY ITEMS MUST GO...I MUST GET RID OF EVERYTHING.... willing to take best offer. I have $2200 worth of inventory." "1/2 off Mary Kay inventory! Includes $3600 in inventory, plus samples, and luggage!" "Mary Kay Going out of Business Sale! HUGE SELECTION!!! 100's of items on hand from skin care to color, all in original packaging and in great condition. Everything must Go!!! All items 75% off catalogue prices... "I still have a huge inventory I am trying to get rid of! SERIOUS buyers. Cash only. I am not picky about pricing." And this is from just one city, to say nothing of the other 100+ "Take my inventory, please!" entries that were listed.

dupedbypinkfriend   |2009-10-20 12:09:52 From CraigsList - Austin TX. I am a stay-at-home mom as well, my I have an 8 year-old, a 6-year-old and my baby daughter is 8 months old now. A few months ago I decided I needed some part-time income but my husband did not want me working outside the home. So, I was introduced to the Mary Kay opportunity. It is amazing!! You set your own hours and work when you want to. My 8 and 6 year-old children don't even know I work I am home so often. The best part is that I get a 50% discount on all products! That is huge, especially since I love Mary Kay's skin care and cosmetics! I just wanted to share with you all the benefits of becoming a Mary Kay Beauty Consultant. Even if you just want the discount for yourself, you are not required to meet any quotas! This month only, until 10-31, you can become a Mary Kay Beauty Consultant for only $50!! You will also recieve a personal Mary Kay website FREE for 6 months! That is an amazing deal! You will start recieving your 50% discount IMMEDIATELY! If you would like more information please call me at 512-669-1964 or e-mail me at ccummings1@marykay.com and you can even visit my website at www.marykay.com/ccummings1 Breaking the rules left and right. There ya go, MKC. Why dontcha go after the little guys, huh?

dupedbypinkfriend   |2009-10-20 12:12:25 Oh, that's right. Now I remember. The little guy has no money if she is a MK Independent Beauty Consultant. Silly me.

StrikeAPoseRosie   |2009-10-20 13:20:25 Girls- it is time for ACTION! What can we do??? Start an all day calling spree to directors telling them how corrupt their company is? Demoralize the ranks? Secretly attend meetings and ask directors questions in front of all the guests that point out MK's biggest flaws? Sneak around career conference and hang up signs in the stalls that proclaim the awesomeness of PT? Go to meetings and lurk around outside sticking fliers with MK facts on the windshields of all the cars in the parking lot? Flood face book for a day with messages about MK and MLM crimes? Call MK Corpse all day and night and flood their lines? Start ordering fake orders on Directors websites? Let's get original and DO SOMETHING ALREADY!!! Other ideas???

StrikeAPoseRosie   |2009-10-20 13:27:45 how about sending anonymous letters to the HUSBANDS to *check their family's credit rating* I know a bunch of Directors that would crap a brick if their husband knew about their secret credit cards. That would be fun....

stinkinpinkthinkin   |2009-10-20 15:09:07 This is so disgusting that MK could get away with what they've done. I agree with Strike, we should try to organize something. I liked the idea that was mentioned about getting John Stossel involved. He has never seemed afraid to ask the tough, embarassing questions to companies and individuals who were taking advantage of the public. MKC needs to be exposed and VERY SOON. They've just gotten too big for the Big Girl Britches. I'd like to see them knocked down more than a peg or two.

outsidethepinkbox   |2009-10-20 16:51:08 Quote: So, I was introduced to the Mary Kay opportunity. It is amazing!! I get so sick of hearing this tired old crap line Amazing!!!! Clap your hands, do a dance, give the Prom Queen smile & wave.....how about a cartwheel 2yr. olds

outsidethepinkbox   |2009-10-20 16:53:57 StrikeAPoseRosie - I can't tell you how many times I think of - well, all those things & more. I really want this company, its lies & the Mary Kay person I know - EXPOSED & HUMILIATED

outsidethepinkbox   |2009-10-20 18:52:51 Hey, knowing they could not get a fair trial in Dallas - why did they not ask for a change of venue????

maskedavonrep   |2009-10-21 05:57:36 "They can't tell consultants that if their products are less than 12 months old, they can sell them back to MK for 90% of wholesale." Typical Corporate abuse of American citizens. Keep them in the dark; don't let them know their rights. Long live Corporations -- but what will the do when they've killed off all the slaves? (Firing millions of US citizens. Bankruptcy, foreclosure, stealing every last dime earned by the American middle class?) What will they do then? I cannot stand these Anti-American policies being passed off as 'good' for us.

maskedavonrep   |2009-10-21 06:00:05 I hope MK reps give a long, hard look at how MK wants to block the public sharing of the MK return policy -- which only exists because it's the last major power of the Corporate-ruled DSA.org. Old Navy and KMart post their retturn policies in public. They are printed on every receipt. Apparently, they aren't hiding the facts from their customers. And reps ARE customers. MK should be *PROUD* to share their return policy. Instead, they are squelching those who publish it? Slime, pure slime.

Rachel   |2009-10-21 08:09:56 Quote: You set your own hours and work when you want to. My 8 and 6 year-old children don't even know I work I am home so often. It's just that easy, huh?

CarolinaGirl1221   |2009-10-22 09:20:37 I went and bought about $50 worth of stuff from TOP!! I have bought from TOP in the past and I really hate what is happening to them. How can MK get any money on a product that the consultant has already paid for? This is very confusing. MK SUCKS!

Black Nova   |2009-10-22 12:55:08 Quote: outsidethepinkbox said: Hey, knowing they could not get a fair trial in Dallas - why did they not ask for a change of venue???? I believe the person/company that sues gets to pick, because they have to sue from somewhere. If I was suing someone, I'd sue from my local county courthouse and they'd have to come there. I think that's how it works. If TOP were to turn around and sue MK, then they could pick the venue. I think anyway.

Lazy Gardens   |2009-10-23 13:48:13 You know ... we could start a different liquidator website: FlyingOffTheShelves. com ItSellsItself.com FullWago n.com

pinksedition   |2009-10-23 14:11:23 You are definitely onto something lazy. I think there are going to be more small operations popping up and trying to get around the restrictions on TOP. Maybe we should just call it PINKCRAP.com Do you think MK could sue for that name?

2honest2succeedinMK   |2009-10-28 23:42:44 Thank you PT for posting this story. I have been a Consultant for almost 5 months now. I thought about quitting in Sept. b/c I had done a 3600 initial order and had tons of stuff that nobody wanted. My SD traded out a ton of stuff with me, so that made me feel better even though I could already tell that I would never make any money. I have a daughter in school 1/2 day and a son in all day, so I spend a lot of time driving - which means no time for looking for customers. And I hate trying to sell to a total stranger. (Should have known this would not be for me!) Anyway, I figured I would muddle through and make a decision before my 12 month period was up. (I had a nice SD who did tell me that I could return product within a year of purchase.) I was already reading here at PT so that I could have "both sides" of the story as far as the benefits/drawbacks of MK. Well, once I read about the awful greed in the lawsuit against TOP, I told my husband that very night that I was through. I realize that people don't always know what the company they work for does, but I did, and I disagree with it in such a HUGE way that I just can't work for MK anymore. I have all of my stock at 1/2 price for my customers, then will wrap up what is left and ship it back before the end of the year so I don't have to deal with this on next year's taxes. I really loved the products, but I think that is mostly b/c I was just using soap and water and cheap makeup before - I'm sure my skin will look just as good using something else. I didn't badmouth the company to everyone, but when they ask why I'm quitting I explain the TOP lawsuit and that I can't work for a company that is that greedy. I got into MK b/c I believed it was founded on good principles - and it very well may have been that way when Mary Kay was alive, but it certainly is just run by the money principle now IMO. As a Christian, I hate that so much scripture is used by SD's and NSD's in order to get what they want. It certainly suckered me in. I was lucky that I do not have an SD that is super-pushy or that encourages dishonesty. I hope I can sell a lot of my stock so that she doesn't have to pay back much to MK - she really is a nice lady. (And I live in OK and she's in MO, so I really don't hear from her much!) Again, thank you PT!

icanbecomesane   |2009-10-29 01:15:03 Hello 2honest, You are very smart to send your product back and get out of MK so quickly. You wrote: (I had a nice SD who did tell me that I could return product within a year of purchase.) Your SD did not tell you the whole truth. A Consultant or SD can send back the amount of product she has ordered in the past 12 months. NOT just the first year. Please send back as much of your product as you can, as quickly as you can. Look out for yourself. Your SD is looking out for herself.

MaryKayExploitsWomen   |2009-11-08 18:57:19 Mary Kay Corpse is desperate. I betcha the 2010 director debuts will be the smallest debut yet!

vintagegold   |2009-11-08 19:29:06 I know they are going to have a hard time next year because they are upping the production requirements and without TOP, thousands of Directors won't be buying their Directorship in products and liquidating it (Fake it till you make it!)

Gingerbread   |2009-11-08 20:44:49 What Mary Kay, backed by a Liberal Dallas Court has done to the Webers is unconscionable. They performed an invaluable service That decision prompted me to join Pink Truth. If Tracy or anyone opens up another way to unload the unsellable inventory I have, just let me know. I will make you a real deal. Despicable company.

julia_tennille   |2009-11-11 17:27:08 Well no wonder Mary Kay went after TOP. TOP is smart. They already have a great clientele and were smart enough to get their new business items established months ago. They are smart, business savvy and good to their customers they will bounce back. Shutting them down I could see from what I've been through with a Mary Kay lawsuit, you just can't win, but making them pay $1,139,962 is just unreal. Do people not understand Mary Kay already made their profit??? So Mary Kay makes the profit from the sale to the consultant or most likely top director and then is going to make more money?? I thought Mary Kay was sold at 50% of retail. Mary Kay getting 50% and then the million. How does that figure?? And will this lawsuit set the precedent for those to follow? They still have lawsuits against several others. My lawyer advised me to bail out early and make a deal as Mary Kay would not loose in his opinion. Apparantly he was right. I think this should be an eye opener for those still putting up a fight. Mary Kay is global and heartless... a tough cookie to crumble.

company sucks   |2009-11-16 07:23:24 If MK wants to get money twice, so can consultants that are getting out. Maybe not as fast, but there is a way. I have thought about it and know if works. Please don't think of me as dishonest, I never misled any of my team and never pushed anybody into ordering, that is why I decided to step down as a director. Anyway, when you decide you are going to quit, have your half price sale. Then take your people you have sold to and take orders from them for 50% of what they want also. Take the products you didn't sell and do product replacements for what they want. They will have their product cheap and you will have your money back. Then box up the new product you used as product replacemet and either sell it on ebay or on a garage sale. When I received my letter from corp that said I had 30 days until I was terminated, I did a product replacement everyday ($50 or under) and sold everything on a garage sale. I ordered things my customers needed and then took the original product and sold it really cheap on a garage sale. I know if sounds bad, but they deserved it. My former SD was really ticked, she had a "Mary Kay information booth" not far from me, it was a city wide garage sale. I was selling away and she couldn't!

SassyAuburn     |2009-11-18 20:00:46 Hey ladies, remember me? Long time no see! My reason for my disappearance?... total elimination of MK and pink from my life. I had moved up and on from my time in MK and was happy to be free of everything. I'm still working on ridding myself of my old MK email address (I used it for so many things) but that too is almost complete. This week, a friend and an old MK customer asked me if I had any lip balms laying around. I told her no, but I might know a place where she could find them. I gave her TOP's website. She sent me an email back tonight saying there was no MK on that website. My stomach sank. I went and looked for myself and sure enough, everything pink was gone. I felt like I had lost a best friend. I knew about the lawsuit when I stepped away from MK over a year ago. I even sent a bunch of my "high demand" items to TOP for liquidation less than 6 months ago. And just like that... MK won, like always, and the company that knows OH SO WELL how to work the system in their favor comes out on top. When I saw the TOP website was MK-free, I knew they had lost bad so I came here to get details. I wish I had words for what is going through my mind. I'm long past the anger towards MK because you really can't get mad, over and over again, when you know that they know every possible loophole to put all the responsibility on the person signing on the bottom line and not on them at all. They work that wordage to cover their ass no mater what we would like to do to them. There is a reason why they are still in "business" after x number of years: because they don't reinvent the wheel. If they avoided lawsuits back in the good 'ol days then why change things now, right? "Money goes where money is" and it is no surprise to me that they not only won this case but also got money in the process.  Ohhh, yeay them...maybe this quarter they will pass that windfall on as a bonus to any consultant who brings in a "business partner" that buys an assload of product and doesn't return it when they quit. Woo hoo! And if they don't reach the moon, they can still fall amongst the stars with thousands of dollars in credit debit and be proud of that gold money bag and the closet full of dusty boxes they acquired in the process. I guess I'm surprised that I'm still not surprised. How often did we hear, as consultants, "Nothing changes if nothing changes." You know why they teach that? Because they are the poster child for that statement. They will never change their ways because their ways work in their favor. EVERY SINGLE TIME, EVERY SINGLE AGREEMENT. Why change that? My heart goes out to the people at TOP and also everyone else that will get hurt by the powertrip that MK will take with them as they attempt to rid the world of the non-MK enthusiasts. And they will try... oh yes they will. Pass the word about MK, Pink Truth people... that's all we can do. If word of mouth was supposedly good for your MK business, then word of mouth can help those who don't see the light. They will. Someday. Hopefully. In the meantime, keep yourself busy and don't dwell on the anger. Put your mind on something else. That's what I did. I began blogging more, speaking at local support groups for different medical providers in my area, focused on being a fabulous wife and mom and the best me I can be.... .... oh yeah, and I help my cousin with her Avon business once in a while too. BAH HA HA HA HA HA HA!!! Take that you MK Pink Poopieheads! (BTW...Avon's lipgloss is WAY better and WAY cheaper too. No matter WHAT you told me in training!)  LOL Hugs to all.... ~Sassy

Only registered users can write comments!

Powered by !JoomlaComment 3.26

3.26 Copyright (C) 2008 Compojoom.com / Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved."