HUMAN Healthy Vending: Letter to Sean Kelly, CEO, Chief Humanist from UnhappyFranchisee.com regarding the honesty of the company’s franchise disclosure document.
HUMAN Healthy Vending touts itself as a proponent of “social entrepreneurship.”
A key component of social entrepreneurship is transparency and honesty.
A HUMAN Healthy Vending blog posts suggests: “Employ Transparency and Authenticity. It is extremely important to be open and honest with everything you do in your business… There shouldn’t be any guessing games. Be real with those you interact with; people appreciate honesty and realness…”
UnhappyFranchisee.com recently gave HUMAN Healthy Vending CEO Sean Kelly (not to be confused with franchise writer Sean Kelly) a chance to demonstrate HUMAN’s commitment to Transparency and Authenticity.
Here’s the letter we emailed to Mr. Kelly, and copied to his partner Andy Mackensen and Senior Vice President Bill Wotocheck, former President of Revive Franchising, LLC.
CEO, Chief Humanist
HUMAN Healthy Vending
As you know, the FTC Franchise Rule requires franchise sellers to provide to prospective purchasers with a Franchise Disclosure Document. In Item 2 of the FDD The franchisor must include employment history for the last five years for directors, principal officers, general partners, trustees and other executives who will have management responsibility in connection with the sale or operation of the franchise.
We at UnhappyFranchisee.com have reviewed the 2012 Human Healthy Vending FDD that you have submitted to state registration agencies along with your sworn, notarized statement that everything in the FDD was true and accurate.
We compared the professional history you included in your 2012 FDD for your VP of Sales Bill Wotochek with his professional history included in the Revive Franchising 2011 FDD and found some striking differences.
Revive Franchising FDD: “Mr. Wotochek worked as a consultant for Y-Development, LLC, from 2004-2005, in Denver, Colorado. In 2006, Mr. Wotochek worked in sales and business development for Key Financial, Inc. and General Steel corporation in Denver, Colorado. From 2007 to 2008, Mr. Wotochek worked at the Dalbey Educational Institute, LLLP, as Senior Director of Business Development. In September, 2008, Mr. Wotochek was hired to work in business development with Sito Marketing, LLC, our affiliate, in Denver. In January, 2009, Mr. Wotochek was promoted to Vice President of Expansion for Sito Marketing, LLC. In October 2010, Mr. Wotochek was promoted to President of Revive Franchising, LLC.”
Human Healthy Vending FDD: “Mr. Wotochek has been Our Vice President of Sales since We were formed in November 2011. He has served as Vice President of Sales of NWBL since July 2011. He was a sales representative for Sito Marketing, Inc. from January 2008 through July 2011. Mr. Wotochek was the owner of Wotochek, LLC from August 2006 through December 2007.”
It is our opinion that the background of Mr. Wotochek that appears in the HUMAN Healthy Vending is deliberately inaccurate and untruthful, and is written in such a way as to hide Mr. Wotochek’s true involvement with two controversial companies. The HUMAN FDD fails to disclose that Mr. Wotochek was in fact a VP at Sito Marketing LLC (not Inc.) and that he was President of Revive Franchising LLC – companies that abandoned their distributors and franchisees – left them unable to restock their machines or receive the “unlimited support” Mr. Wotochek’s sales team allegedly promised – and doomed them to failure without a word of explanation.
Additionally, HUMAN Healthy Vending has failed to disclose Mr. Wotochek’s involvement with the Dalbey company that was sued by the FTC and the Colorado AG for fraud.
Mr. Kelly, we have exercised our legal right to shared our opinions about these matters in two recent posts on our website, which you are invited to read and respond to here:
We also invite you to peruse our posts on Revive Energy Mints: http://www.unhappyfranchisee.com/revive-energy-mints-vending-scam/
We invite opposing opinions, as well as clarifications, corrections and rebuttals from individuals and companies we discuss on our site. You and your associates are invited to share via participation in the comments section of each post, by providing a statement or rebuttal for us to publish, or both. Feel free to invite your distributors, franchisees, employees and associates to share comments about your company in our comment section as well.
On a final note, I recently read a HUMAN blog post on social entrepreneurship that read: “Employ Transparency and Authenticity. It is extremely important to be open and honest with everything you do in your business… There shouldn’t be any guessing games. Be real with those you interact with; people appreciate honesty and realness…”
We at UnhappyFranchisee.com invite you to practice what you preach, and be authentic and transparent in your response to the serious concerns raised in our posts. We hope that you’ll agree with the Federal Trade Commission and state franchise regulators that prospective franchisees should be provided with honest and accurate disclosures so that they can make informed investment decisions that impact their families and finances.
Your prompt and constructive response is appreciated.
ARE YOU FAMILIAR WITH HUMAN HEALTHY VENDING, BILL WOTOCHEK, OR REVIVE ENERGY MINTS? PLEASE SHARE AN OPINION OR INSIGHT BELOW.