ACN Inc.

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The company is based in Concord, North Carolina, United States. ACN has international offices located in Montreal, Canada; Amsterdam, the Netherlands; Sydney, Australia; Wrocław, Poland; Gothenburg, Sweden;{{cite web |access-date=Dec 30, 2020 |title=ACN Euro |year=2020 |url= https://acneuro.se/kontakt |url-status=live |df=mdy|archive-url=https://web.archive.org/web/20140702175531/http://acneuro.se/kontakt |archive-date=July 2, 2014 }} Seoul, South Korea, and the United Mexican States.{{citation needed|date=August 2020}}

ACN's income disclosure statement bears the warning that "not all ACN independent representatives make a profit and no one can be guaranteed success as an ACN independent representative."{{cite web |access-date=May 20, 2010 |title=ACN Income Potential - Compensation Plan |year=2010 |url=http://www.acninc.com/acn/us/income-potential.html |author=ACN Inc. |archive-url=https://web.archive.org/web/20100523204833/http://www.acninc.com/acn/us/income-potential.html |archive-date=May 23, 2010 |url-status=live |df=mdy}}

In 1993, Robert Stevanovski, Greg Provenzano, and twin brothers Tony and Mike Cupisz founded the American Communications Network, Inc. ACN opened for business in January 1993 with twenty initial "independent representatives".{{Citation needed|date=August 2022}} ACN's initial business was as a marketing arm for a long-distance reseller called LCI Communications. This relationship lasted for five years until LCI was acquired by Qwest Communications. By 1998, ACN was listed in Inc. Magazine's "Inc. 500" list as No. Twenty-two in this annual list of the five hundred fastest growing private companies in America.{{cite web|author=|first=|date=|title=The Inc 500 list|url=https://www.truework.com/verifications/acn-employment-verification/|url-status=live|archive-url=https://web.archive.org/web/20210409193954/https://www.truework.com/verifications/acn-employment-verification/ |archive-date=2021-04-09 |access-date=January 20, 2021|website=Truework}}

ACN operated as a gas and electricity retailer, through the subsidiaries ACN Energy and ACN Utility Services, prior to its energy assets being acquired by Commerce Energy Group in 2006.{{cite web|url=http://edgar.secdatabase.com/1446/89256905000039/filing-main.htm |title=Commerce Energy Group Inc, Form 8-K, Current Report, Item 2.01. Completion of Acquisition or Disposition of Assets, Filing Date Feb 10, 2005 |publisher=secdatabase.com |access-date =May 14, 2018}} In 2008, ACN moved its headquarters from Farmington Hills, Michigan to Concord, North Carolina.{{cite web|access-date=October 10, 2010|url=http://charlotte.bizjournals.com/charlotte/stories/2008/02/25/daily6.html

|title=Telecom company ACN moves to Concord|date=February 26, 2008 |publisher=Charlotte Business Journal}}{{cite web|access-date=October 10, 2010|url=http://www.acnpresskit.com/contactus.html|title=ACN Contact Information |publisher=ACN}} In 2014, ACN expanded operations to Latin America, beginning first with Mexico. In 2016, ACN expanded operations in Japan. By 2019, ACN was operating in 26 countries and five continents.

From 2006 until he announced his presidential candidacy in 2015, ACN had a business relationship with former The Apprentice executive producer Donald Trump. Trump spoke at ACN events, featured their products on an episode of The Apprentice, and took part in ACN promotional videos.{{cite news|last1=Tuttle|first1=Ian|title=Trump's Multi-Level Marketing Telecom Endorsement Is Another Example of His Terrible Judgement|url=https://www.nationalreview.com/2016/03/donald-trump-american-communications-network-multi-level-marketing-boondoggle/|access-date=April 20, 2018|publisher=National Review|date=March 14, 2016}}{{cite news|last1=Celarier|first1=Michelle|title=Trump's Great Pyramid|url=http://www.slate.com/articles/business/moneybox/2017/02/the_trump_era_will_be_a_boon_for_multilevel_marketing_companies.html|access-date=April 20, 2018|publisher=Slate Magazine|date=February 21, 2018}}{{cite web|title=ACN & Donald J. Trump|url=http://www.acninc.com/acn/us/trump.html|publisher=ACN Inc|access-date=July 26, 2015|archive-url=https://web.archive.org/web/20130114045058/http://www.acninc.com/acn/us/trump.html|archive-date=January 14, 2013}}{{cite web|title=Donald J. Trump on ACN's Home Based Business |url=http://acninc.com/acn/us/trump_events.html |access-date=July 20, 2012 |url-status=dead |archive-url=https://web.archive.org/web/20120802060852/http://www.acninc.com/acn/us/trump_events.html |archive-date=August 2, 2012 |df=mdy }} Following the official beginning of his 2016 presidential candidacy, all references to Donald Trump were removed from the ACN website, and Trump distanced himself from the company in an interview with The Wall Street Journal. "I know nothing about the company other than the people who run the company," Trump told them. "I’m not familiar with what they do or how they go about doing it, and I make that clear in my speeches."{{cite web|access-date=September 18, 2015 |url=http://www.charlotteobserver.com/news/business/article31039698.html|work=The Charlotte Observer|title=Report: Donald Trump made millions from Concord company ACN |date=2015-08-13}}

ACN offers landline telephone service (local and long distance), Voice over Internet Protocol (VoIP), high-speed Internet, satellite television, cellular phone through the company's own mobile virtual network operator (MVNO), Flash Wireless, and home security services, primarily to consumers, and secondarily to small businesses. Beginning in 2011, ACN also began offering an ACN-branded international calling smartphone app available for iPhone, Android and Symbian, reselling WiMAX wireless Internet, and technical support service for personal and business computers, as well as getting back into the energy reselling market through partner XOOM Energy.{{cite web|access-date=April 9, 2011|url=http://www.myacn.com|title=ACN Products|publisher=ACN| archive-url= https://web.archive.org/web/20110429193418/http://www.myacn.com/| archive-date= April 29, 2011 | url-status= live}}

With variations depending upon the country of operation, provision of ACN's services follows three models:

1. The reselling of ACN-branded services originating in an incumbent provider. This is exemplified by local and long-distance telephone, where ACN buys local telephone service from an incumbent provider such as Qwest or AT&T, and bills customers in its own name. This model was made possible by telephone industry deregulation beginning in 1996; prior to this, ACN was involved solely in reselling long-distance telephone service. It was the expansion of deregulation internationally that made it possible for ACN to begin to operate outside the United States.
2. Acting as a sales agent for the service provider, where an ACN representative sells the service, but order fulfillment, billing, and servicing is performed by the branded provider. In the US, ACN resells Internet service through AT&T. ACN offers wireless services through its own MVNO called Flash Wireless on Sprint and Verizon's networks. Television services are provided through DIRECTV and Dish Network. Home security and automation is offered through Vivint.{{cite web|title=ACN High Speed Internet|url=https://www.myacn.com/internet/index.html|access-date=July 20, 2012}} ACN now also resells energy (electricity and natural gas) through Planet Energy and Xoom Energy.
3. The selling of ACN-branded and provided services. These are Voice over Internet Protocol{{cite web|access-date=July 12, 2009|url=https://www.myacn.com/digital/addons.html|title=ACN Digital Phone|publisher=ACN}} in which ACN owns and maintains its own network of servers. Starting in January 2011, ACN has also added an ACN-branded computer technical support service to its service offerings.{{cite web|access-date=January 19, 2011|url=https://www.myacn.com/techsupport/index.html|title=ACN Premium Technical Support|publisher=ACN}}

On June 13, 2002, ACN settled a case with the Bureau of Consumer Services in Pennsylvania wherein it was alleged that "independent business owners" (IBOs) were "slamming" or switching consumer services without authorization. ACN disputed the allegations and the exact details of the settlement are under court seal. However, the suit alleged that 135 informal complaints were filed with the Bureau of Consumer Services (BCS) between June 2000 and November 2001, consisting of 22 consumers alleging that their generation service was switched without authorization ("slamming"), 81 alleged instances of overcharging ("cramming"), and 32 complaints with allegations of various violations of the commission's regulations contained in Chapter 54, 56, and 57 of Title 52 of the Pennsylvania Code.{{cite web|access-date=December 24, 2008|url=http://www.puc.state.pa.us/PcDocs/327004.doc|title=Pennsylvania Public Utility Commission v. ACN Energy, Inc.|date=June 12, 2002 |publisher=Pennsylvania Public Utility Commission}}

In August 2010, the Montana Commissioner of Securities and Insurance Monica Lindeen announced the issuance of a Cease-and-Desist Order and Notice of Proposed Agency Action against ACN, Inc. and several of its founders for operating a pyramid scheme. In September 2010, the Commissioner moved to vacate the Cease-and-Desist Order in full settlement of the case.[http://www.csi.mt.gov/legal/securities/pdf/S10_ACN%20MT%20to%20Vacate.pdf Motion to Vacate Temporary Cease and Desist Order] During the Commissioner's investigation, the Commissioner determined that the actions giving rise to the initial concerns were not part of the ACN business model, but instead were isolated instances taking place by certain ACN's independent representatives in Montana. The Commissioner and ACN agreed that ACN would implement additional training with its independent representatives to assist them in better understanding their responsibilities as ACN independent representatives and that ACN would contact its Montana video phone customers to assist them with the installation of their service.{{cite web|url=http://www.krtv.com/news/mt-regulators-acn-settle-pyramid-scheme-investigation/ |title=MT regulators, ACN settle Pyramid Scheme Investigation |work=KXLH |date=October 12, 2010 |access-date=February 17, 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140223181758/http://www.krtv.com/news/mt-regulators-acn-settle-pyramid-scheme-investigation/ |archive-date=February 23, 2014 }}

{{main|Doe et al. v. Trump Corp. et al.}}

In July 2019, a SDNY District Judge permitted state-level charges of fraud, false advertising, and unfair competition against Donald Trump and his children Donald Jr., Ivanka, and Eric related to their involvement with ACN. (The judge, however, dismissed racketeering (RICO) allegations against the family.){{cite news |last=Stempel |first=Jonathan |title=Trump must face marketing scam lawsuit, escapes racketeering claims: NY judge |url=https://www.reuters.com/article/us-usa-trump-marketing-lawsuit/trump-must-face-marketing-scam-lawsuit-escapes-racketeering-claims-ny-judge-idUSKCN1UJ349 |date=2019-07-24 |access-date=2019-10-08 |work=Reuters}} The Trumps are accused of not having disclosed that they were being paid by ACN when they recommended ACN as a sound investment. As part of the discovery process, the Trumps were ordered in March 2020 to provide information from Trump Organization business records for 15 years back to 2005.{{cite news |last=Jacobs |first=Shayna |title=Trump ordered to expand document search in suit alleging he endorsed pyramid scam|url=https://www.washingtonpost.com/national-security/trump-ordered-to-expand-document-search-in-suit-alleging-he-endorsed-pyramid-scam/2020/03/14/c903fa0e-6579-11ea-acca-80c22bbee96f_story.html|date=March 14, 2020 |access-date=March 14, 2020 |newspaper=The Washington Post}} The Trumps sought to take the case to private arbitration, but the SDNY District Judge denied their request on April 8, 2020.{{Cite web|url=https://assets.documentcloud.org/documents/6834130/4-8-20-Doe-v-Trump-Opinion.pdf|title=Jane Doe et al vs. The Trump Corporation et al (PDF)|last=U.S. District Court, Southern District of New York|date=8 April 2020|website=DocumentCloud.org|access-date=9 April 2020}} On May 18, 2020, the District Court ruled against ACN and Donald Trump's motion for a Stay in the case. Trump had sought a stay during his term as President of the United States.{{cite web |title=Jane Doe v Trump Lawsuit Discovery (Law) |url=https://www.scribd.com/document/462044497/Jane-Doe-v-Trump#from_embed |website=Scribd |access-date=19 May 2020 |language=en}} The case was dismissed from federal court on January 12, 2024.Schoonover, Nika. "[https://www.courthousenews.com/federal-judge-dumps-pyramid-scheme-lawsuit-against-trump/ Federal judge dumps pyramid scheme lawsuit against Trump]," Courthouse News Service, Jan. 12, 2024. Retrieved Jan. 23, 2024.

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Category:Marketing companies established in 1993

Category:Multi-level marketing companies

Category:Direct marketing

Category:Privately held companies based in North Carolina

Category:Telecommunications companies of the United States

Category:Multinational companies headquartered in the United States

Category:1993 establishments in North Carolina