We have obtained the full complaint filed by Mary Kay against Touch of Pink Cosmetics and owners Amy and Scott Weber.
Here is the entire 71 page complaint, in pdf form.
Mary Kay Inc. v Amy L. Weber, Scott J. Weber, and Touch of Pink Cosmetics
Mary Kay Inc claims that Amy Weber sold Mary Kay products on eBay and thus violated her Mary Kay Beauty Consultant Agreement. Mary Kay Inc. issued several “pleas” for Amy Weber to stop selling on eBay and when she didn’t, Mary Kay Inc. terminated her Mary Kay Consultant Agreement.
The Webers continued selling Mary Kay products on their website, TouchofPinkCosmetics.com and in their eBay Store.
Mary Kay Inc. is claiming that the Webers caused other Mary Kay Consultants to violated their Consultant Agreement by selling products to Touch of Pink instead of ultimate consumers.
Touch of Pink Cosmetics claims that they can help Consultants “balance your inventory and implement profit making strategies” and Touch of Pink also sent out email newsletters, apparently, soliciting products from current Consultants.
There is much more to this than just the above issue. More to come on this one.
Yay! It’s about time!
About time for what?
Hey Andi – just a clue. MK consultants have been doing this forever and it’s not going to stop, just because MK decided to put on this show.
I think Touch Of Pink is a GREAT idea! As long as former consultants no longer have a signed contract with Mary Kay, they should do whatever the hell they want with the products they were never able to sell!!!
I agree YM, Touch of Pink Cosemetics is a blessing to those who still have the bill to pay and has been unsuccessful at selling the product because of the saturation of consultants in the area.
I think Touch of Pink Cosmetics is ripping off the integrity of the Mary Kay Consultants. Where did God go in all of your former business with Mary Kay? It sounds like you all are worshiping mamon instead of God. But, what do I know I am just in a pink fog, right? May God Bless you with the understanding of your evil, greedy ways…
Yikes! That’s a very non-pink and negative response Kat….you sound angry! Don’t let your pink sisters see this as you mat be shunned as negative and non conforming
Best of luck with your MK business.
“May God Bless you with the understanding of your evil, greedy ways…”
Save your blessings for someone else. No one here is evil or greedy. And how insulting and condescending for you to label us. Sheesh!
As for God in business…I, for one, think that religion and business should NEVER mix.
I think MKInc is mad because they didn’t think of it first.
MK has made millions of dollars on the expense of consultants being talked into buying inventory that they can’t sell and get stuck with. Some people are having to sell it at 50% off to try to break even (not to mention shipping and tax costs that they are eating) at yard sales. If MK really cared about their consultants like they try to make you think, they would have better ordering options and policies to make it easier for consultants to make a profit and worth their time instead of taking advantage of them! The only ones who “make it” with MK are those who are pushy to make sales and get people under them to buys gobs of inventory!
Well said, JLR. I hope if you aren’t already a member of our forum you’ll come inside by clicking on the word FORUM at the top of this page.
Come inside and read and check us out. We are about a lot more than MK, you’ll find friends, support, information on MK and other MLM’s and a whole lot more!
I AGREE WITH JLR…
It’s all about selling a dream that later turns out to be a nightmare – when you are stuck with products people don’t want (you end up giving away to get rid of it), bills and not to mention arguing with your husband. I am still a consultant b/c I know the rules of the game & just order for a few friends & myself. But it was hard paying my credit card off with the 3000 starting order. I should have researched better & found this website to understand what could happen. whatever… I still like my MK products and get them at 50%.
Chiquita, I’m glad you figured out the MK system before you got deeper in debt! I would invite you to visit our Forum, by clicking on “Forum” in the black toolbar at the top of the page.
You’ll find many women who were formerly in MK and we really talk about a lot more than MK.
The women you will meet are warm, witty and very helpful. We talk about our jobs, families, husbands, health, hobbies and a lot more besides MK. I hope you will join us!
Chiquita, I forgot to tell you there is also a part of the Forum dedicated to those women still in MK….but you don’t have tostick to one part of the Forum…explore a little bit…we welcome you!
This is in response to Kat Badgley’s comment. I think that you should step back for a second and take a look at the comment you made and ask yourself if that, indeed, was Christian-like. Being in Mary Kay doesn’t make you a Christian. I realize what the company was founded on. I’ve been in the company for years, and have used the product since I was 15 and am now 39. I am currently a consultant. But what you have to look at is this: I was brought in by a great bunch of ladies who DID NOT push me to order more than I could afford. As a matter of fact, they taught us how to handle our money and how you DO NOT order if you HAVE NOT sold! And, hopefully, you were brought into this company the same way, thus creating the inability to understand where these other ladies are coming from. SOME CONSULTANTS who are moving up into directorship are pushed to do the numbers. They’re taught to push people to just order big “you’ll sell it!” “You’ll be sorry later if you don’t do the big order!” This is helping no one! Why? Well at the time these ladies are pushing the numbers to land themselves the title of Director, they think it helps. But in the long run…here is the reality:
“Hey! I’m trying to become a Director and all I need is 5 more recruits and $3,000 in production. So sign here and put your credit card number here and I’ll place your beginning order for you! You will be starting at the $1800 level because it’s the best level to get you started! Can’t sell product from an empty cart!” Now..in 6 months…this new Director is scratching her head wondering where her team went, why her car is being taken away, why no one wants to order, and why are they taking away her title of Director! BECAUSE she forgot to ASK these people if they WANT to SELL Mary Kay and if they do WHAT LEVEL THEY want to start at! And she forgot to TEACH them HOW to sell the products and HOW to MANAGE their money, and how to INTRODUCE the company and it’s opportunity in a positive way!!!!!
Had they done that…no one would be in debt unless they chose to make that purchase! It’s that simple. So TO ALL THOSE GREEDY, GO-GIVE MARY KAY REPS OUT THERE TRYING TO MOVE ON UP…I SAY….MAKE SURE ITS WHAT THEY WANT! IT’S ALL ABOUT THEM…NOT YOU!!!!!
I AGREE WITH YOU ONE HUNDRED PERCENT, I HAVE SOLD MARY KAY FOR 14 YEARS, WATCH DIRECTORS LOSE EVERYTHING CHASING THAT LOVE CHECK, WHILE THEIR CONSULTANT ORDER UNDER PRESSUR., I ALSO GOT MANY DEALS ON TOUCH OF PINK….
Everyone cries about being “stuck” with product that they can’t sell. Why??? My understanding is that MK will take back all your product and give a full refund, you just can’t ever be a consultant again.
MK Husband…MK only gives you 90% of the section 1 stuff…not a full refund. Samples and other things in the section 2 are not included in the refund. But 90% is better than nothing!
MK Husband, not only do they only give 90% back, but IF you choose that option, then you are agreeing to never be a consultant again… you cannot order as a consultant nor sell. So consultants who maybe just have too much on their shelves for now (or last season’s items that were never sold) want to get rid of it, get some cash back for selling it to touchofpink, and invest in newer products that just came out from MK. It’s ok by me… helps everyone
Dee, thank you for your refreshing consultant view. Sounds as though you’ve been very fortunate….most here have not. Thank you for understanding.
MK Husband…many women don’t know that the 90% buyback that MK offers applies beyond the first year they are in the company.
That’s DELIBERATE. Directors don’t want consultants to be reminded that they can return any product they have purchased within the past 12 months, NOT just the first year. It is stated in the fine print on the back of the consultant agreement, but most people are discouraged from reading that anyway. The clear impression women in MK are given by directors is that it’s only the first year.
So the reason some women find themselves with lots of product is because they have missed the deadline. They didn’t know they could return it beyond the first year, and once they finally find out, they may have also missed the “last 12 months” deadline.
Also, since it only applies to product purchase within the last 12 months, products they purchased before that AREN’T eligible.
It’s VERY easy to be stuck with lots of product you can’t send back.
Oh…and that warning about how you can never be a consultant again if you return product? It’s baloney.
Well, yall, I was a successful MK consultant. I was fast and furious! I also had a lot of experience in cosmetic sales (having represented several major companies like Estee Lauder, Fashion Fair, etc.), so I knew how to play the game. My director tried to get me to buy thousands in inventory & I wasn’t having it because I KNEW I would be stuck with it if it didn’t sell. I only put back in what I made and that made her furious, but it made me successful. The reason I left MK is because the director I had (in the bus for 25 yrs with NO directors under her) became jealous of me! How sick is that? I am making you money, and you become jealous of me? She was VERY childish and wanted to play teen games with (what was supposed to be) polished professional consultants – an outrage to my intelligence, so I quit! I was qualifying for director my first yr when I dropped the whole deal like a hot potato. I am absolutely EXCELLENT in sales & in recruiting. I recruited 27 women in my first year. I could go out everyday and have someone recruited before returning home that same day & she did not appreciate what that could have meant for her! I decided today I am going to another direct salescompany. I am meeting with the district mgr tomorrow. She has already told me I can start a downline tomorrow if I like, (and you know I like!).
MK had great products that did what they said they would do, you can make tons of money if you are smart, or you will be broke fast if you become your own best customer! Ladies, listen, use your OWN business sense because YOU have your best interest at heart! Don’t write checks you can’t cash – and if it’s not working for you, stop crying in your kool-aid – move on, this is America, try something that WILL work for you & the best of luck to all of you in ’09!!
Good for you Brenda. I’m glad you could recruit people. How many of those ladies stayed in? How many placed big initial orders? More importantly, how many could and did actually sell anything?
I’ve never seen any evidence that anyone is making “tons of money” — except for MK Inc of course.
No one here is childish enough to be drinking kool-aid, so you’ll have to enjoy it all by yourself
my question is, how do they know that the product i have was purchased in the past 12 months? i mean, do they compare the numbers on the packages to the date purchased or something like that? and how can i know what products i purchased within the past twelve months if it’s all mixed together on my shelves? please explain, as i was going to try to sell my products back or to a company like touch of pink. thanks for your help.
Wow, I just found this site tonight and I feel like such an idiot to think I could really make it in this business with the same kind of pushy, production-driven director that so many of you have spoken of. I’ve been in MK for about 18 months and was a real go getter like Brenda; in the beganing I “sold” over $27k in products last seminar year, but I had recently moved from the south back to the NE and had given up my great job because my family couldn’t stand living so far from home, and decided to give MK my all so I could be the stay at home mother I longed for. I went into DIQ last spring, and then got NO support from my director and dropped after month 2, but not before front loading a huge order to stay in DIQ! I feel so betrayed by my director who keeps calling me since I have not place my usual $1,0oo order this month, and I too am now avoiding her like the plague.
And now with the job market so bad I’m having a difficult time finding a real JOB and I have a master’s degree with lots of experience. I am also having a difficult time selling the products, which before August, was not a problem for me. I think want to return the last 12 month’s worth of products too if that is possible, but because my products are mixed up, I don’t know how to tell which products MK would take back. Anyone have ideas on this? The only thing I could think of would be to go through all my orders for the last 12 months and try to match up the products–seems very time consuming. It really gets me thinking though. That would put a hurting on my director’s production, mostly made up from me and my now very small team. I figure she made more money off of me last year than I made for myself. My commission checks at this point are almost non-existent, and I have wasted so much time and energy trying to make this business work and have truly become burned out and broke!
I too found myself in some of the most difficult situations with “warm chattering” to find leads. And, now I would not dream of warm chattering with so many people losing their jobs every day. If anyone has any thoughts, please share them with me. I’ve gotten so depressed lately. At least if I can return most of my products at 90% that would put some money in my pocket.
Burned Out and Flat Broke.
Burned Out…OMG I feel terrible for the spot you are in…you are NOT alone, others have been where you are. I encourage you to enter the forum (click the little forum button at the top of the page) there is an entire board filled with information and support!
See you there!
All of these comments are very interesting, but let me add a customer’s viewpoint. I have used and loved Mary Kay products for years. I couldn’t even begin to guess at how many consultants I have had. They keep going out of business, and don’t have the professionalism to pass their customers to someone else in a timely fashion. I found Touch of Pink while looking for yet another local consultant online. I wonder what percentage of the customers that consultants work so hard to establish are lost, because of lack of continuity in service.
Your problem isn’t unique Becky. Consultants come and go at a rapid pace, for various reasons. Customers get sick of dealing with a new person all the time so I’m sure it IS a relief to be able to deal with Touch of Pink and others who are consistently there.
To burned out, I just decided to take my business full-time, you do know that you can use another Director as an adoptee. I know you will still be benefiting your Director, but what is the bottom line? You want to be able to stay home right(like me)? So, you serviced your customers and brought people in who need this opportunity and with this months rebate, you could go diq again. I don’t see my director at all who lives in Colorado. Fortunately for me, I have two great directors who believe in me and give me great support. Call the company and find someone in your area that you can work with. You would be amazed at what you can do with the right direction. Email me if you want to. Don’t let her rain on your parade. Don’t listen to other women that wished they had when you were glad you did! aruch@marykay.com
We don’t we that we had anything that MK women have. In fact we are happier out of MK. I would recommend that dealing with Touch of Pink is just fine. That way she doesn’t have to get hassled for items that she doesn’t need and she can buy what she wants. We aren’t raining on anyone’s parade. We tell it like it is. If you don’t like it, oh well. We will continue to tell the truth about this scam of a company.
Also, I have found with warm chattering you might want to offer them something instead of trying to sell, women today need their products but they also can use extra cash. Find out what they need first and you will get what you need then. I am having no problem selling right now, during world war ll cosmetics never took a downturn. I have done about 8000.00 in production in three months. Yes I choose to have product on my shelf, because I found that if it is there then I can provide better service and it saves me time and money from having to redeliver or borrow and when I didnt have it on my shelf it was just a hassle. I can’t tell you how many times someone has called me and said, I am around the corner. can I drop by for my foundation? My customers know that they can rely on me. When you let them know you are there for them and give them a little extra loving care as you would any of your other friends, they will love you back by sending you referrals. Ask all of your friends for help, ask your customers. give them gifts you can afford to give like breaking apart gift sets etc. my director isnt the type that pushes any of us to place orders, she reminds us where we are so we can make an informed decision about our business. I recruited four women this month because they needed an opportunity to make some extra money without working an extra twenty hours a week. Believe in yourself, you know you can do this already, dont listen to those who say you cant sell right now, as girls we will not go with out our faces on! I will give up shopping and eating out first! Good luck to you!
As far as to Burned Out and Flat Broke….
I would get out while I can. You should save herself while you can. It sounds like you (Anne) would encourage her to continue placing her orders that she cannot afford. No one deserves to be harassed, just because she has come to the correct realization that this MK isn’t all that it is cracked up to be. As far as the director that keeps calling…I would let her know that if she calls again I would report her for harrassment and that I am not placing anymore orders. In this economy she needs a definite position that is going to pay bills. Not a MK owned business.
Also, burned out,
I would definitely return the products. That is what the buy back is for. You can also sell it to some liquidators as well. You need the money and that is what you should do. I wouldn’t listen to anyone in the pink fog as Anne is in. You tried to do what needs to be done, but right now the economy is on a downward slope. I wish you the best and I hope that you do join the forum.
Anne,
Are you going to keep offering her more ways to keep her debt? She doesn’t need to warm chatter. She needs to do what is best for her family and you aren’t offering any constructive advice at all.
Warm Chattering?! Lol. Are you kidding me? No one wants to hear about buying make-up or skin care products in Wal-Mart, the grocery store, or anywhere else. You must be crazy or you are in a thick haze of pink fog! You must not have read a word this woman has said. She needs help. Not a way to accumulate more debt. She needs to return her product before her time us up! Her friends and family? Are you trying to get her alienated from them as well? That is a fine way to do it. Friends and family are not obligated to do anything or to help her. She tried a second time and it isn’t her fault that it didn’t work. People are not out trying to buy these products. They are out trying to make a living for their family.
Burned out and flat broke,
Do what is best for you and your family. If you want to return product for 90% buyback, call MK and get the wholesale value of products you can return. If you wait, the number will drop with each passing month. MK does not have time to check what products you have ordered in the last 12 months. You can return anything on your shelves, just be aware that if something has gone on “pink sale” you will be credited for 90% of the current wholesale price, unless you send a copy of your order form, proving you paid the full price for it.
There are several reasons you may not be receiving commission checks, you must be active and your recruits must be ordering also to get a commission.
Once you have the number, determine which products you definitely can’t sell and don’t use and list them first. If you still have product and more that you can return, pick older or discontinued products to add to the list. You can find out everything you need to know about returning product by clicking on “Return Inventory” on the black toolbar at the top of the page. There is even an Excel spreadsheet you can use to list your product, that calculates your 90% buyback refund amount and the sales tax. Very simple to use!
Best of luck to you in finding a regular job in your field. Just be patient and keep on sending out your resume’. You don’t owe your SD anything, she didn’t support you in DIQ and you need to do what is best for you!
If you still have questions come into the forum, there are many who will answer your questions and help you.
It seems Touch of Pink does a great service by helping consultants unload products they are stuck with. I knew a gal who got a second mortgage to buy MK products, and ended up with a bunch of old stuff and extra debt. MK can take it to the Supreme Court if they want, but it’s a free country, and if you have purchased a product, you should be able to resell it to anyone you want. This just makes MK look bad, and should be a warning to those considering a career in MK.
Frankie…from your lips to the dumb judges ears! Makes all the sense in the world…but the judge didn’t see it that way!
There is a lot of people needs to mind their own business. Here they are talking about touch of pink selling on ebay and here they are doing the same or they are buying it on eBay thats is just as wrong. I for one know how MK consultants tell you what a great company they are. hmmmmm NOT. What kind of business tells you that u are working for yourself and you run your own business. hmmmm NOT with MK. They control what you can do and not and if touch of pink is running MK out of consultants MK needs to think it over .MK is running their consultants away. I see MK sold all over garage sale, flee markets, ebay,and saloons
Mary Kay worry about how to keep your lying consultant working because you teach them well to lying how great it is to sale MK.
The Business works if it is worked properly as it was designed. Yes if you don’t hold classes or have great customers, it can be very costly. I for a fact know that is is the answer to so many prayers, but it is a business and once it’s treated that way you will never fail………
Tried and true
What ever Ann…… My life is better off with out Mary Kay and all the crap that comes with it
I was one of those who got into MK to help support my daughter’s business, didn’t research it enough, and ended up ordering over $3000 worth of product on the advice of my director. Plus she ordered $800 in Section 1 items…which the company DOES NOT BUY BACK, you are just stuck with all that crap. Didn’t read the fine print and nobody mentioned you only had a year to sell your inventory back to MK. They just said you could sell it back for 90%. When I wanted to get out a year and a half later, that’s when I was informed you had to do that within the first year, and then it’s based on a percentage of purchases over the last 12 months…big difference, so I was stuck with all that inventory that I couldn’t unload.
Thank God for Touch of Pink…at least I got something for all those lipsticks that don’t stay on and eye liner that people are allergic to! Do your homework before you start any business. Mary Kay had a good idea, but as one person mentioned, there are many directors out there who are very unethical and don’t give you all the information you need to make informed decisions. They just want you sign up and place a big order right away so they can qualify for a car or move up in the company…and they don’t care how they do it.
I love Touch of Pink. I have overpaid for Mary Kay for years… what a rip! I got most of my girlfriends all gifts from Touch of Pink this year.
So far so good.
I love touch of pink I think mary kay should bring back harmony and offer better prices on their product keep the good work up touch of pink I tell all my co workers family church family to order and the the love the prices.
I love Touch of Pink, as I love MK, but it is greatly over priced for the average person. Touch of Pink gave me , my family and friends the affordability once again for products we truly love. I am constantly asked by MK consultants to become a consultant myself. I am no fool, I have numerous relatives that are consultants and many never last as the area they live in become or are saturated and made to believe they can make it big, it never happens. I have used other products and always come back to MK, but it has to be affordable. I was thrilled when I found Touch of Pink, and my heart is just sick over this whole ordeal. What normally would more than likely become waste became useful, and I cannot see the crime in that. The big picture is someone thinks they’ve lost some of the pie, and I cannot agree less. I have been with a multi-level company for 18 years,( not cosmetics) and never sold a product at suggested retail price,the company has never lost money on me , the profit loss is mine alone! But my customers surpass others selling the same products.
Hello Claudia, I’m glad you are finding success with the mlm company you are with. I have been in MLM for many years as well. I have also remained a Mary Kay Customer after closing my business over 10 years ago and regardless of th products I have triend and they have been the high end from clinique, MAC Lancome… I always come back to Mary Kay… Honestly I dont mind paying retail for something I believe the quality is there because I consider it to be an investment in myself… Of course I do realize the economy we are in and everyone has their own views what they invest in.
It sounds like you are building your company the right way putting your customers first and adding value to their lives….. I will pray God’s continued blessings on your business.
Claudia, I hit the reply button too soon, I was gong to add that I did decided to reopen my business recently as a personal use consultant mainly and to also be a convenient source for my coworkers and other professionals in my office building.
I truely love the products and will share them in a professional, non-pushy manner. mainly sharing catalogs and samples every quarter as well as via the internet. No looking to make this a full time effort only to add to one of my several streams of passive income I am creating.
I also dont buy into the saturated thing any more like I use to… only because I failed to educate myself. If a person learns how to really market a product and brand themselves, they never have to worry about saturation. I promote myself and not Mary Kay or even the company that I am now affiliated with.
It’s about the brand of “You”
I ordered an item from Touch of Pink not knowing of any violation of any agreements, etc. I appreciated getting the item that I wanted at what seemed to me a reasonable price, and likely would do it again if available. My rep. from Mary Kaye didn’t seem interested in responding to my inquiry and request to come call on me, and it was at that time that I, thankfully, stumbled upon Touch of Pink.