NYC Commission: Apartment Building’s Policy Barring Lower-Paying Tenants From Gym May Be Discriminatory

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(Jeremy Schultz)

Rent-regulated tenants living in an apartment building on Manhattan’s Upper West Side have complained that its policy of only allowing market-rate tenants — who pay higher rents — to use the on-premises gym. The practice of keeping out those rent-stabilized tenants, who are mostly over 65, may constitute age discrimination, according to New York City Commission on Human Rights.

A noticed filed by the commission yesterday says there’s enough evidence of discriminatory actions to merit a hearing on the complex’s gym rule, reports CBS New York. Market-rate tenants in the building tend to be younger, the complaint says.

A 75-year-old rent-regulated tenant says in her complaint that she found out the gym would only be, in her words, “for the market-rate tenants, period,” after a sign was allegedly posted on the gym door ordering users not to hold the door for others.

“You don’t get to make me a second-class citizen in my own home — just not going to happen,” said the woman, who’s been living in the building for more than 40 years. Her complaint is supported by Public Advocate Letitia James and other officials.

She says she hopes that now the landlord will open up the gym to any paying tenant — heck, just because she’s older doesn’t mean she doesn’t want to work out.

“I’m looking forward to Zumba classes,” she says.

Upper West Side Apt Building’s Policy Barring Low-Paying Tenants From Using Gym May Be Discriminatory [CBS New York]

by Mary Beth Quirk via Consumerist

U.S. Forest Service Issued Detailed Chart For Mixing 21 Cocktails In 1974 Government Document

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(U.S. National Archives)

If there’s one thing that everyone knows about the U.S. Department of Agriculture Forest Service is that those guys love mixing up a tasty cocktail. Wait, actually, it’s doubtful anyone would know how much the government workers adore a properly made martini, as evidenced by a 1974 document with a detailed chart on how to make 21 different cocktails, complete with diagrams.

Over at the Washington Post’s Wonkblog, Ana Swanson takes note of the in-depth pictorial guide from the forestry department, a nicely illustrated chart that outlines the ingredients and portioning for an Old Fashioned, Manhattan, a gin fizz, something called “Stars & Stripes” and more.

The chart, which is currently living in the U.S. National Archives in Washington, D.C., also has illustrations detailing everything from what a “dash” of something is to sugar cubes.

Further proving that these workers liked to get a chuckle while on the job, the chart includes the names of those who checked it over, “self-appointed barmasters” named I Mixum, Ima Sot, Jim Beam and I.P. Freely.

Potty humor and booze together — a partnership that will never get old.

A 1974 government document shows how to make a proper cocktail [Chicago Tribune]

by Mary Beth Quirk via Consumerist

Credit Card Issuers Increase Limits For Subprime Borrowers; Raise Concerns About Risks

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(Jeremy P)

As the economy continues to improve, credit card issuers have begun to loosen their vice grip on lending standards in order to raise borrowing limits for consumers. But the move to provide extend credit to those with blemished histories has raised concerns with consumer groups.

The Los Angeles Times reports that banks have more readily raised borrowing limits for credit card customers in recent months, despite the fact that many of those consumers asking for increases are considered amongst the most risky borrowers.

In fact, according to a Federal Reserve Bank of New York survey, credit card firms approved 76% of all requests from cardholders for higher borrowing limits in February.

Analysts say the willingness to extend addition credit to consumers comes at a time when bank and credit issuer revenue has fallen because of tighter regulations and low-interest rates.

The loss of profit, coupled with other factors such as smaller loan losses, labor market stabilization and consumers’ desire to spend more have combined to create an environment more accommodating to lending.

“Credit card issuers are feeling a lot better about the economy and their position,” Bill Hardekopf, chief executive of LowCards.com, a credit card comparison website, tells the L.A. Times. “They want to generate some new business.”

However, it’s the way in which these banks have tried to generate new business – by approving credit increases for subprime borrowers – that worries consumer advocates.

Nearly half of the subprime borrowers – those with credit scores less than 680 – who applied for increased limits were approved in February.

In the past, subprime borrowers have faced higher interest rates and fees because they are considered riskier borrowers.

Another report from the American Bankers Association confirmed the trend in increased subprime borrowers, finding those cardholders are taking on more debt than any other category of borrower.

“Credit cards are very useful for many people,” Lauren Saunders, managing attorney at the National Consumer Law Center, tells the L.A. Times. “But it’s way too easy to get in over your head, and we do worry about extending too much credit to people who should be trying to live within a budget instead of taking on more debt.”

In contrast, those in the banking industry say there’s never been a better time for consumers to seek out additional credit, especially since the approvals are for current cardholders, not new accounts.

“You already know what they’re doing,” Christine Pratt, a senior analyst with Aite Group, tells the L.A. Times. “You know what they look like. It’s not like you’re going out and grabbing new ones.”

Even though cardholders likely understand their obligations, analysts at Standard & Poor’s Investor Service say the looser lending standards will likely also increase missed credit payments in the future.

An increase in missed payments could then translate into an upswing in credit card delinquencies, which have fallen sharply over the past three years.

Banks raising credit card borrowing limits for subprime customers [The Los Angeles Times]

by Ashlee Kieler via Consumerist

Depend Attempts To Get Sexy With New Ad Pitch Aimed At The Younger Set

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(Depend)

Lest you think wearing Depend undergarments is something the older folks do, the company has set out on a mission to spread what it calls “Underwareness” with a new ad campaign showing younger people, especially women, wearing the the protective skivvies.

In the newest effort as part of the Underawareness campaign, which launched last year, Kimberly-Clark Corp’s Depend has a bunch of younger women strutting around without pants on to showcase the brand’s new Silhouette Active Fit, reports AdAge, as seen in ads launching next week.

The campaign seeks to show that adult incontinence is widespread, and can effect people of all ages.

“It’s a recognition that many women with bladder leakage worry that people can tell,” said Liz Metz, brand director of Depend, adding that the ads are “recognition that one in three women deal with this issue, and they come in all shapes and sizes.”

Depend is shaping up in preparation to face competition from Procter & Gamble, which launched Always Discreet incontinence products last summer after previously ditching its Attend line. It now has a 9% share of the U.S. market, according to the VP of North American baby, feminine and adult care for P&G.

Along with young people strolling around in their Depend underoos, the brand also has celebrity stylist/Queer Eye for the Straight Guy personality Carson Kressley as a PR and social media pitchman to help appeal to the fashion-conscious out there dealing with bladder control issues.

Depend Tries on a Sexy Look to Compete in a Hot Category [AdAge]

by Mary Beth Quirk via Consumerist

You Can Give Ancestry.com Your Saliva And $99 To Find Out Details About Your Ancestors’ Lives

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Ancestry.com

Spit, something our bodies readily produce for free, can be very valuable. It can mean the difference between prison and freedom, and between being related to Wild Bill Hickok versus Buffalo Bill. In an effort to cater to dedicated genealogists, Ancestery.com is introducing a new service that promises to provide detailed information about consumers ancestors as well as connections to other living relatives, for the price of some saliva and $99.

Ancestor Discoveries will provide about 30% of consumers with information about relatives from the past and present, including details about the ancestors’ daily lives, as well as alert them to other people alive who’re related to them, reports USA Today.

“It’s the biggest leap forward for us yet, leveraging nearly a million DNA profiles we already have in our system,” says Ancestry.com CEO Tim Sullivan.

He says the company sees two markets for the service — those who are already into genealogy and then others who just want to know who they are. People simply spit in a tube and send it back to the company for results, which arrive in about 6-8 weeks, the company says.

“Family history is never really done. With every generation you go back, you have that much more context for your own story.”

Its previous DNA kit, which also goes for $99, broke down an individual by ethnicity and provided a network of possible relatives, but this sounds like it’ll be more in-depth.

Eventually, Sullivan thinks health disclosures through DNA testing will be something the company offers, pending Food and Drug Administration approval. There will likely be privacy concerns involved with sharing medical information, however, so that still needs to get worked out.

“The FDA will have a lot to say about how you can communicate health discoveries to users, and of course you’ll also just be able to opt out,” he says, pointing out that there are positives for people who might want to learn about potential issues before they happen.

Ancestry.com uses spit to find your long-lost relatives [USA Today]

by Mary Beth Quirk via Consumerist

Video Captures Lightning Striking Two Planes Approaching Seattle Airport During Storm

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They say lightning never strikes twice — but one observant onlooker did catch two separate lightning strikes hitting planes approaching Seattle’s Sea-Tac Airport as they were landing. Both flights landed without incident, though those onboard say the moment the lightning hit the planes was a rough, albeit very brief experience.

A University of Washington student was outside trying to catch lightning on film while a thunderstorm moved into the area, reports KOMO News. He managed to capture two huge bolts of lightning as they moved through the planes.

“I was stunned for a second because I couldn’t believe what I just saw,” he said. “After the second (plane) got hit, I knew I was on to something spectacular!”

One plane was an Alaska Air flight coming in from Orange County, while the other was another Alaska Air plane heading in from Houston.

A passenger on the latter flight said she was sitting in the ninth row on the right side of the plane when the bolt hit.

“We were flying in and out of clouds, sunshine then darkness, sunshine then darkness,” she said. “I was looking out the window when I saw this bright flash and this streak of lightning hit the top-middle of the right wing near the engine.”

It appeared that the bolt exited below the wing she says, as there was a loud crack, lighting up the cabin for a brief second.

“There was this loud gasp in the cabin after it happened. The people behind me were starting to worry if it was going to affect the landing. It didn’t,” she said, adding that it was “startling.”

A passenger on the other plane from California said the moment the bolt struck the plane was probably “the worst turbulence you’ll ever feel for two solid seconds. It got people pretty shook up.”

Other than that, the flight was totally normal.

Scary as it sounds, lightning strikes on planes are pretty normal. The Federal Aviation Administration estimates that each plane gets hit by a bolt once a year. Planes are also built to withstand the effects of a big zap.

“Airplanes themselves are prepared for this kind of stuff and have the mechanics to manage lightning strikes,” Sea-Tac Airport public relations manager Perry Cooper told ABC News. “We did not receive any reports of precautionary landing alerts from any pilots Wednesday night either.”

Still, two planes in one storm? That, and the National Weather Service reported only five lightning strikes with the storm on its radar in Seattle.

Watch: Lightning strikes two jets on approach to Sea-Tac Airport [KOMO News]

by Mary Beth Quirk via Consumerist

AMC Goes To Court To Identify Who Is Posting Spoiler Clips Of ‘Walking Dead’

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C’mon, we all know it was Eugene who uploaded the spoiler clips to Vimeo.

While most of us never see a TV show until it airs, there are all manner of people out there — from network people to entertainment reporters to advertisers — who often get to see episodes ahead of time, and some of these folks (or maybe their idiot kids or roommates) are then sharing these videos online with spoiler-hungry fan communities. For the producers of hit AMC show The Walking Dead, it’s not enough to just take these spoiler videos down as they pop up, they want to know where the clips are coming from.

We’re not talking about entire episodes that are being shared illegally via BitTorrent. This is about short clips of shows that just haven’t aired yet.

TorrentFreak reports that online forums like TheSpoilingDeadFans.com have been a resource for early teasers of upcoming episodes.

And even though these clips only help to feed fan frenzy — it’s not like people who go through the hassle of actively hunting down spoilers aren’t then going to watch the show — AMC, which also produces the show, has been making copyright claims to force video-sharing sites like Vimeo to remove the offending images.

But they are also going a step further and having the court subpoena [PDF] Vimeo to provide any identifying information the site might have on the user who uploaded such clips.

For that user’s sake, we hope they used a throwaway e-mail account and spoofed IP address. If not, they could be facing hefty fines for merely trying to do what Chris Hardwick does every week when he shows advance clips of the show on Talking Dead.

At the very least, if AMC is able to track down the source of the clips, you can be sure that person will be blacklisted from ever getting another advanced look at one of the network’s shows; even if it was their stupid kid/roommate who did the spoiling.

by Chris Morran via Consumerist

Coca-Cola Makes Splash At Final Four With “Drinkable” Coke Zero Billboard

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The whole point of food advertising is to make you crave the product and buy as much of it as you can right then and there. But for this weekend’s Final Four of the NCAA Men’s Basketball tournament, Coca-Cola is showing off a billboard that actually satisfies that craving by dispensing the beverage on the spot.

The “drinkable” billboard is in Indianapolis’ White River State Park, where Coke Zero is sponsoring a concert tomorrow, and only a few blocks away from Lucas Oil Stadium, where the actual basketball will be played this weekend.

The 26′ x 36′ display uses 4,500 feet of tubing to pump samples of Coke Zero to waiting, presumably thirsty people below.

In the face of changing consumer attitudes and increased scrutiny from lawmakers and public health advocates, beverage companies are increasingly touting low-calorie, low-sugar drinks like Coke Zero and Diet Coke.

In a statement, the company says they want to push Coke Zero because “many people think they know the taste of Coke Zero, but they actually don’t… Drinkable advertising is an innovative approach to removing barriers and making it ridiculously easy for those who are open to try Coke Zero to enjoy it in fun and unique ways.”

[via Creativity Online]

by Chris Morran via Consumerist

Belk Department Stores Thinking Of Flirting With Suitors Like Nordstrom, Macy’s

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(WashuOtaku)

Belk Department Stores, the largest family-owned and operated department store chain in the United States, with 300 stores in 16 states in the South, is reportedly considering hooking up with potential suitors, including Macy’s and Nordstrom.

The Charlotte-based company confirmed that it’s looking into the possibility of a sale, reports Reuters, saying it’s hired Goldman Sachs to help it look into things, including a sale, and expects the analysis to be done within the next few months.

The State reports that Belk has entered into a five-year “strategic planning process within a rapidly changing industry.”

In any case, insiders told Reuters that the deal could be worth as much as $4 billion, including debt. This year Belk is projected to have annual earnings before interest, tax, depreciation and amortization this year of around $400 million, an insider cited by Reuters said.

Along with Nordstrom and Macy’s, large private equity firms are expected to be contacted by Belk to see if they’re into possibly getting hitched, those anonymous sources added.

Belk was founded in 1888 by William Henry Belk, making this the third generation of family leadership. The family still owns most of the 41 million shares of stock in the company, notes the Associated Press, though it’s unclear why the family is thinking about selling now, or if they’ll hold on to some of their equity.

Department store chain Belk seeks sale: sources [Reuters]

Belk department stores weighing sale [The State]

Belk department store chain considers sale [Associated Press]

by Mary Beth Quirk via Consumerist

Judge Dismisses Stalking And Harassment Charges Against Ice Cream Truck’s Rival

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(James Callan)

An icy, delicious turf war has finally come to an end, almost two years after one mobile ice cream vendor accused another frozen treats truck driver of bullying him and trying to run him out of town. A judge in upstate New York dismissed stalking and harassing charges against the snow cone truck brought by an ice cream rival back in 2013.

A snow cone driver says he always knew his name would be cleared after he was accused of stalking a rival ice cream driver, reports the Times Albany Union. A judge issued a written decision dismissing a charge of misdemeanor harassment and stalking, a violation.

The other driver claimed that in April 2013, the defendant would follow his ice cream truck, yelling like a villain in one of those old movies, “You don’t have a chance, this is my town!”

He also accused him of pulling up behind his truck and offer free ice cream to his customers.

The police chief testified that the incidents occurred after he’d warned the snow cone driver to leave his competitor alone.

The judge ruled that telling customers he had “free ice cream” for them is protected free speech; and that the two incidents had been “accidental and unexpected” and not “for no legitimate purpose” and “with a course of conduct,” a legal requirement of the charges.

“I’m happy it’s over and the decision came down in my favor,” said the defendant, who reportedly lost his vendor’s license in the process. “I think it was ridiculous from day one and felt it was a personal attack against me.”

by Mary Beth Quirk via Consumerist

Jury Orders Chrysler To Pay $150M After Jeep Fire Kills Four-Year-Old

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(Lisa Pisa)

Two years after Chrysler reluctantly recalled millions of Jeeps that could catch fire after being rear-ended the company has been ordered to pay $150 million to the family of a four-year-old boy who was killed in one of hundreds of related accidents.

The Associated Press reports that a jury in Georgia handed down the verdict after ruling that Chrysler acted with reckless disregard for human life by selling the family a 1999 Jeep with a gas tank mounted behind the rear axle.

In this specific instance, the Jeep the boy was riding in was hit from behind by a pickup truck in March 2012. The accident caused a fuel leak which led to the jeep catching fire, killing the boy.

The family’s attorney argued that the fire was a direct result of the gas tank’s poor position.

According to the lawsuit, Chrysler placed the gas tank in a “crush zone” behind the rear axle and knew the location was dangerous.

For nearly three years, Chrysler has maintained that the millions of Jeeps do not have a safety defect. However, safety documents show that the issue has resulted in nearly 75 deaths.

During the summer of 2013, the car manufacturer and National Highway Traffic Safety Administration agreed to a remedy for the issue that involved equipping vehicles with a trailer hitch that could reduce the risk of fires.

Officials with Chrysler have said dealers would inspect the recalled Jeeps to determine if there was a need to install the trailer hitch assemblies.

Some have questioned whether the addition of the hitch will indeed suffice to reduce the risk of fire. Even Chrysler’s own report on the fix said the hitch would only “incrementally improve the performance in certain types of low-speed impacts.”

NHTSA tested the hitch fix and determined that “the risk of fuel tank ruptures and fires in lower to medium-speed rear-end crashes will be successfully reduced by the remedy.” However, the agency did not test what would happen in collisions at speeds greater than 43 mph.

Despite finding a compromise to fix the vehicles, Chrysler reported last summer that only about 8.6% of the 1.56 million Jeeps involved in the recall have been fixed.

Critics of the hitch plan say that Jeep passengers have survived high-speed crashes but died in resulting fires.

The initial recall involved some 2.7 million Jeeps, but Chrysler says that, given the age of some of these vehicles (the Grand Cherokee recall included model years as far back as 1993), only about 1.6 million remain on the road.

Jury orders Chrysler to pay $150M in fire death of 4-year-old Georgia boy [The Associated Press]

by Ashlee Kieler via Consumerist

Woman Suing Spirit Airlines Over Husband’s Death Claims Flight Attendants Weren’t Trained Properly

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(afagen)

A woman whose husband died after having a medical crisis onboard a Spirit Airlines flight has filed a lawsuit against the airline and two of its flight attendants, claiming the airline was negligent in its training of staff.

The 41-year-old man was on a Spirit Airlines flight from Las Vegas to Chicago in April 2013 when he became unresponsive, according to the suit filed by his wife, reports the Chicago Tribune. The Chicago Fire Department said at the time that he’d gone into cardiac arrest.

At the time, the lawsuit alleges that the two flight attendants were unaware of where to find the medical equipment on the plane.

“Spirit had a duty to ensure that its flight crew, including but not limited to its flight attendants were adequately and appropriately trained to address medical emergencies that might arise on board,” the lawsuit said.

Although his fellow passengers tried to resuscitate the man during the flight, he died later that day, the lawsuit says. It was determined that he died from hypertensive cardiovascular disease.

Spirit didn’t provide a comment on the lawsuit to the Chicago Tribune. We reached out for comment as well and will update the story if we hear back.

Wife sues Spirit Airlines, 2 flight attendants in Chicago man’s death [Chicago Tribune]

by Mary Beth Quirk via Consumerist

Escaped Pig Snaps At Customers While Blocking Burger King Drive-Thru

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(Jeepers Media)

This just in: Word of fast food restaurant’s use of bacon has apparently spread beyond the human realm to the farm, where the news apparently prompted one pig to escape his confines and head for Burger King to disrupt mankind’s quest for animal products.

Customer at a Burger King in Pennsylvania found the drive-thru blocked by a menacing pig, reports WTAE.com, who was running loose outside the joint after slipping away from a nearby farm.

Those seeking to grab some grub were deterred by the rampaging pig in the parking lot this morning, who reportedly bit one customer. State police say she refused treatment.

Despite his snap, he really wasn’t that scary, one worker admits.

“I watched it happen right here. It was crazy.The pig was really friendly. She was like, ‘Hey!’ And the pig just kind of walked up to her and bit her right on the foot,” the employee explains.

He adds that he tried to feed it bacon in some kind of cruel joke, but his manager told him not to.

As the reports of the porcine visitor spread, customers started showing up just to see him trotting around. He was eventually corralled and reunited with his owners, leaving behind his snout prints on the bottom of a glass door.

That’ll do, pig. That’ll do.

Previously in cranky animals: Stressed Out Badger Prevents Staff And Guests From Entering, Leaving Luxury Hotel

Pig running loose outside Burger King creates stir [WTAE.com]

by Mary Beth Quirk via Consumerist

Court Rules That Hulu Didn’t Know It Was Sharing Personal User Info With Facebook

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Earlier this week, a federal court in California dismissed a nearly 4-year-old class-action lawsuit against Hulu that alleged the streaming video service illegally shared personal user information with Facebook.

The original complaint [PDF], filed in July 2011, accused Hulu of violating the federal Video Privacy Protection Act (VPPA), which was created to prevent video rental and sales companies from “knowingly” disclosing customers’ “personally identifiable information” to any third party without consent.

“As Plaintiffs… viewed video content on Hulu’s website, Hulu transmitted their viewing choices to a number of third parties,” including Facebook, market research firm Scorecard Research, online ad networks DoubleClick and Quantserve, and Google Analytics.

“In the case of Facebook, Hulu included Plaintiffs and Class Members’ Facebook IDs, connecting the video content information to Facebook’s personally identifiable user registration information,” the complaint contends, arguing that these users reasonably expected that Hulu would not disclose their video choices to third parties, and that these users did not authorize any third-party disclosures.

But Hulu maintained that it wasn’t deliberately or actively sharing this information with Facebook. Rather, this information was (until June 2012) being transmitted via the Facebook “Like” button.

“If the Hulu user had logged into Facebook using certain settings within the previous four weeks, the Like button would cause a “c_user” cookie to be sent to Facebook,” writes the court in its order [PDF] dismissing the lawsuit.

So even if the Hulu user didn’t click the Like button, its mere presence on the Hulu page would send the user’s Facebook ID (in a numerical format that Facebook could understand) along with the URL and other info for the video being watched on that page.

“Hulu did not send Facebook the Hulu User ID or the Hulu user’s name,” writes the judge.

In considering whether to grant Hulu’s motion for a summary dismissal, the court asks whether the plaintiffs met the two conditions to demonstrate a violation of the VPPA.

First, Hulu would have to have knowingly transmitted this data.

“[T]he term ‘knowingly’ connotes actual knowledge,” writes the court. “It is not enough, as the plaintiffs suggest, that a disclosure be merely ‘voluntary’ in the minimal sense of the defendant‘s being ‘aware of what he or she is doing and… not act[ing] because of some mistake or accident.'”

In the court’s opinion, merely being the transmitter of the code doesn’t necessarily imply a conscious sharing of personal information.

The second standard for applying the VPPA is three-pronged, requiring that Hulu knowingly disclosed “1) a consumer‘s identity; 2) the identity of ‘specific video materials'; and 3) the fact that the person identified ‘requested or obtained’ that material.”

“The point of the VPPA, after all, is not so much to ban the disclosure of user or video data,” explains the judge, “it is to ban the disclosure of information connecting a certain user to certain videos.”

The court held that the data transmitted via the Facebook like button is not the same as a video store clerk handing a reporter a list containing customer’s name and their recent rentals.

“The user‘s identity and that of the video material were transmitted separately (albeit simultaneously),” reads the order, explaining that Hulu’s sending of this information is not “connecting” the user to the content. “Hulu did not disclose information that “identifie[d] a person as having requested or obtained specific video materials.”

This connection between the videos and the user would have to be done on the receiving end, contends the court: “This means that, even if both elements were sent to Facebook, they did not necessarily disclose a user ‘as having requested or obtained specific video materials’ unless Facebook combined the two pieces of information.”

“In terms of this case, if Hulu did not actually know that Facebook might “read’ the c_user cookie and video title together… then there cannot be a VPPA violation,” concludes the judge.

Speaking to The Recorder, the lawyer representing the plaintiffs in this case says an appeal is in the works.

“We think the order of the lower court would undermine fundamental statutory privacy rights if allowed to stand,” explained the attorney for the plaintiffs.

[via Ars Technica]

by Chris Morran via Consumerist

Portland Bans Insecticide Blamed For Decline In Honey Bee Population

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(Theodore Scott)

Out of concern for a depletion in the number of honey bees in recent years, the city of Portland, OR has approved a ban on the use of an insecticide that conservationists say is to blame for killing off the honeymakers, despite protests from some local farmers.

The Portland City Commission voted unanimously to suspend use of products containing neonicotinoids, effective immediately, reports Reuters. This makes the eighth U.S municipality to outlaw the insecticides as activists make the case that it’s the reason bees and other pollinating insects have been dying off.

Portland Commissioner Amanda Fritz’s quest to get the measure approved as a public health issue was successful on Wednesday, meaning neonicotinoids can’t be used in city parks, streets and gardens.

“I think we’re doing another good thing for the city of Portland, Oregon … and maybe the entire world,” Fritz said.

But opponents of the ban like Oregonians for Food and Shelter, a coalition of farmers, foresters and others who use the insecticides say some scientific research has refuted other findings that honey bees have been severely harmed by the pesticides.

“Farmers have a huge investment in honey bees but they also need insecticides to protect their crops from destructive pests,” said the group’s policy director, Scott Dahlman, in calling the decision one based on “fear and ideology” rather than sound science about bees and other pollinators.

Hopping on board the anti-neonicotinoid train is the federal Fish and Wildlife Service, which will ban the substance at national wildlife refuges by next January. The agency found that the insecticide was not preferred because it could be broadly distributed and potentially affect “a broad spectrum of non-target species.”

Portland bans insecticide to protect declining honey bees [Reuters]

by Mary Beth Quirk via Consumerist

Ad Man Responsible For Creating The Pillsbury Doughboy Dies At 89

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(stevendepolo)

The man who created the Pillsbury Doughboy — otherwise known as Poppin’ Fresh — has headed to that great bakery in the sky at the age of 89. Rudolph R. Perz was a Chicago ad man who developed the legendary giggling spokesboy while working at Leo Burnett in 1965. His tee-heeing legacy still lives on in commercials today. [Chicago Tribune]

by Mary Beth Quirk via Consumerist

New MLB Commissioner Hopes For In-Market Streaming Of Games This Season

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As demonstrated by the ongoing SportsNet L.A. debacle in Los Angeles, the shift of most in-market Major League Baseball games from broadcast TV to basic cable has resulted in lots of local fans being unable to watch their favorite teams. And this divide is likely going to expand as younger consumers cut the cable cord or choose to never get cable TV to begin with. New MLB Commissioner Rob Manfred says that reaching these fans is a high priority of his.

MLB has a successful streaming service with MLB.tv, but users are limited to viewing out-of-market live games. If you want to watch the stream for your local team, you’ll have to wait until 90 minutes after the game has concluded.

Thus, a without access to their local cable regional sports network has no way of seeing a game as it happens even if they pay for MLB.tv or an add-on cable package like MLB Extra Innings. Here in Philadelphia, this group of blacked-out fans includes not just those without cable, but all DirecTV and Dish customers.

In a new interview with the Wall Street Journal, Manfred now says that he’s focusing on how to resolve the issue of in-market streaming.

“[T]he better part of my workday today was consumed by the topic of in-market streaming,” Manfred tells the Journal. “It is particularly complicated in the context of a media market that is changing so quickly, but I do believe we will get a solution on in-market streaming in the relatively near future.”

When asked if “relatively near future” could mean sometime this year, Manfred answered, “I hope so. I’d like to believe there will be games streamed at some point this year.”

Unfortunately, it’s not clear if this means that people without cable packages will be able to access these streams, or if the streaming might require some sort of authentication to show that you are a subscriber to some specific pay-TV package.

The ultimate goal would be for any local fan to have some way to access the live streams (without having to spoof your DNS or use a VPN to get around MLB.tv’s blackout system).

After all, there’s no reason that an MLB.tv subscriber shouldn’t get access to local games. Perhaps if MLB.tv didn’t insist on editing out the local network’s advertising in place of its own ads, the regional sports networks would be more amenable to in-market streaming.

And anyone who’s watched MLB.tv knows that most ad breaks contain few to no ads, so it’s not like the streaming service would be giving up some sort of revenue goldmine by just showing the full local TV feed with ads.

by Chris Morran via Consumerist

RadioShack CEO Resigns As Company Prepares To Open New Stores Later This Month

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After getting a glimpse at what the new co-branded RadioShack/Sprint stores will look like, the company is preparing to unveil the brand spanking new stores later this month. Meanwhile, RadioShack’s CEO is exiting the scene before the debut after failing to successfully steer the company away from bankruptcy over the last two years.

RadioShack investor Standard General successfully won approval in bankruptcy court this week to buy up the remaining 1,740 stores, with plans to morph those locations into a new beast with Sprint taking up about a third of each store’s footprint.

It seems the new owners aren’t wasting any time, as the Wall Street Journal reports that the new version of the chain will be unveiled later this month. The stores will look a lot like they do now, as we previously noted — but without large displays dedicated to Sprint’s competitors.

The chain is also culling the clutter, cutting back on laptops, tablets and digital cameras to focus on house-brand chargers, batteries and speakers. It’s still unclear what the new stores will be called, however: While Standard General is going to operate the stores, Salus Capital Partners has digs on RadioShack’s trademarks, patents and customer data.

Unless the two sides can work out a deal to sell Standard General the intellectual property that makes RadioShack Radioshack, the new stores will have to be called something else. RadioSprint? SprintShack? NewOldThing Store?

Who exactly will be running this new operation is also up for grabs — CEO Joe Magnacca resigned yesterday, reports the Dallas Business Journal, after two years of trying to save RadioShack’s sinking ship. A spokeswoman said she didn’t know who will replace him, or if the position will be refilled at all.

RadioShack Is Dead, Long Live RadioShack [Wall Street Journal]

RadioShack CEO Joe Magnacca steps down [Dallas Business Journal]

by Mary Beth Quirk via Consumerist

Police: Kmart Shopper Left Bathroom Deposit In Box Of Store Security Tags

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(Nicholas Eckhart)

If there are aliens out there scanning our world’s media reports, at this point I’m terribly afraid they think humans don’t now how to dispose of their waste properly — from public bike paths to parked cars, we’re just a mess. In yet another instance of presumably otherwise functioning adults, police say a woman did her bathroom business in a box of security tags at a Kmart store in Wisconsin. Sigh.

Authorities say the woman went to Kmart to return merchandise and in turn, left a nasty deposit for workers, reports the Smoking Gun.

Wearing a T-shirt with a picture of a dump truck and the phrase, “Dropping A Load,” as the police noted, the suspect elicited suspicion after workers smelled a “funky odor” coming from a cardboard box filled with store anti-theft security tags.

That led to the disgusting find of a urine leaking from the box, as well as feces. Police allege she slipped behind a cash register to do her bathroom business, as seen on store security footage.

After approaching the customer service desk to return some items, the complaint says she was shown on video walking to Aisle 1 where she “loosened her pants and squatted down” near the cash register, though store bathrooms were only about 50 feet away. A worker told police that the suspect is a regular customer, “so she should know where the public restrooms are located.”

A minute or so later, she’s “seen reaching for paper towels beneath the counter.” After finishing up, she approached the customer service desk again, completed her return and left the store.

Police used the return paperwork to identify the woman seen in the surveillance video, and confronted her at her home. She denied the dumping, though cops say she was wearing the same color shoes and pants as the perpetrator in the video, and showed police a jacket she was wearing in the store that also matched the jacket seen on the woman in the video.

She was charged with disorderly conduct and two counts of resisting or obstructing an officer. She’s also been ordered to have “no contact with victim store, Kmart” as part of her bond conditions.

Cops: Woman Pooped Inside Box At Kmart [The Smoking Gun]

by Mary Beth Quirk via Consumerist

Potential FICO Credit Score Changes Could Hurt, Rather Than Help Some Consumers’ Creditworthiness

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(БРАТСТВО)

The Fair Isaac Corporation – better known to consumers as FICO – is on the verge of turning the credit score game on its head with the release of a new credit-scoring approach that would consider consumers’ monthly bills, such as those for utilities and wireless plans, when determining creditworthiness. The change is purportedly intended to help consumers on the low end of the credit spectrum, but some consumer advocates are concerned that lower-income Americans could be the ones most adversely affected.

The Wall Street Journal reports that the new approach aims to make it easier for consumers who don’t currently have scores to obtain a decent FICO score.

FICO tells the WSJ that the new approach would provide scores to nearly 15 million of the 53 million Americans who currently don’t have FICO scores.

The scores would continue to rely on factors such as payment history, amounts owed, length of credit history, new credit and types of credit used, but would add new factors including consumers’ payment history with their cable, cellphone, electric and gas bills, as well as how often they change addresses and other data.

According to documents obtained from a FICO presentation on the revamped scoring approach, the new data would be furnished by database of telecommunications and utilities providers maintained by Equifax and the National Consumer Telecom & Utilities Exchange, while personal information would be furnished by LexisNexis.

Like the tradition FICO scoring method, the new approach would have a range of 300 to 850. The company says that under the revamped approach, nearly one-third of the newly scored individuals would have a score above 620 – typically the threshold in which credit card issuers and other lenders approve applications.

FICO along with Equifax and LexisNexis have begun a data score pilot to assess the new methods effects on consumers currently without credit scores. The pilot is expected to be completed in the coming months and scores based on the alternative approach made available by the end of the year for use by credit card issuers.

Jim Wehmann, an executive with FICO, tells the WSJ that the increase in consumers with higher scores is a “good indication that this is a process to onboard more consumers and allow them to maintain more creditworthiness.”

While providing more credit options for people is a good thing, basing a consumers’ creditworthiness on utility payments could have a negative affect on consumers struggling to make ends meet month-to-month.

FICO scores are based on five factors: payment history, amounts owed, length of credit history, new credit and types of credit used. The scoring equation takes into account both negative and positive information on a consumer’s credit report; meaning if you pay your bills even a day late it could lower your FICO score.

In 2012, the National Consumer Law Center provided testimony during a House subcommittee hearing exploring the uses of consumer credit data, including the use of utility payments in credit reports.

Chi Chi Wu, staff attorney for NCLC, expressed advocates’ fears that using the additional information would “add millions of news negative reports to the credit reporting system and will actually hame more consumers, especially financially strapped consumers, by creating credit black marks.”

According to Wu’s testimony [PDF], consumers’ sporadic late utility payments are often the result of weather extremes. Consumers who see their bills spike in the winter or summer may not be able to pay those off in full during the season but will over time.

The advocates also counter that using utility bills in FICO scores would actually produce more failing scores than positive one, saying that nearly 55% of consumers previously without scores will end up with a suboptimal or subprime score.

When the issue came up again in legislation in 2013, a coalition of consumer advocates, including the NCLC, Consumers Union, the Center for Digital Democracy and the National Fair Housing Alliance, penned a letter of objection to sponsors. The letter reiterated the concerns of using such data, saying reporting of utility bills would undermine “long-standing protections” developed by state utility commissions across the country to protect consumers when utility bills spike during weather extremes and hurt consumers when they are applying for jobs or looking to buy home or auto insurance.

FICO Gives Millions a Path Toward a Decent Credit Score [The Wall Street Journal]

by Ashlee Kieler via Consumerist

Doctors Say Drinking A Gallon Of Iced Tea Every Day Could’ve Caused Man’s Mysterious Kidney Failure

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(Pen Waggener)

Even when it comes to delicious, refreshing drinks, too much of a good thing can sometimes be dangerous: In a letter published in a scientific journal, doctors say drinking a gallon of iced tea every day could’ve led to kidney failure in a 56-year-old man who just couldn’t get enough of the stuff.

The New England Journal of Medicine calls it iced-tea nephropathy in a new letter describing the case, reports Reuters Health, warning others that massive consumption of tea could be responsible for other unexplained cases of kidney failure.

The 56-year-old man suddenly developed weakness, fatigue and body aches, and it seems the source of his ailments was an excessive amount of oxalate, which is a compound found in many foods. You can also get a build-up of oxalates from “juicing” too much, gastric bypass surgery, and eating foods chock full of ascorbic acid like beets, spinach, nuts and strawberries.

Before you swear off any of those foods however, rest assured that the amount you’d have to consume is a heck of a lot — the man said he drank 16 nine-ounce glasses of iced tea a day, resulting in an intake of more than 1,500 milligrams of oxalate per day. That’s well above the advised 40-50 mg limit per day, according to the Academy of Nutrition and Diatetics recommendations.

“If you drink tea once or twice a day, it probably wouldn’t exceed what is the normal range for Americans. But this patient was taking 10 times that amount,” said Dr. Umbar Ghaffa of the University of Arkansas for Medical Sciences in Little Rock, a coauthor of the letter.

Too much oxalate can lead to kidney stones, which in turn can damage the kidney by blocking the flow of urine. Ghaffar told Reuters that this case involved oxalate crystals actually inside the kidney, which generates an inflammatory reaction.

“If that’s not resolved it will cause scarring and loss of the kidney tissue. So that’s what probably was happening in this patient,” he explains.

On the other hand, previous research has shown that people who drink tea in normal amounts can have a lower risk of kidney stones, another professor who was not involved in this case told Reuters.

“But in this case, the person was drinking huge amounts of oxalate,” said Dr. Gary Curhan, a professor of medicine at Harvard Medical School. “I would caution people against drinking that much, but drinking a glass or two would not concern me.”

Massive tea consumption linked to kidney failure [Reuters Health]

by Mary Beth Quirk via Consumerist

U.S. Commodities Regulators Accusing Kraft, Mondelez Of Manipulating Wheat Prices

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(strobist)

The U.S. Commodities Futures Trading Commission is suing Kraft Foods Group Inc. and Mondelez Global LLC, which was spun off from Kraft in 2012, claiming the two food Goliaths manipulated wheat prices in 2011, earning profits of $5.4 million as a result.

The commodities regulator alleges in a lawsuit filed Wednesday that the companies raked in extra cash by artificially lowering the price of wheat by snapping up large amounts of futures contracts, reports the Wall Street Journal.

After droughts damaged crops in Russia, Europe and China in the summer of 2011, wheat prices soared, meaning higher prices for food companies like Kraft. The CFTC says that company uses 30 million bushels of wheat a year to make Oreo cookies, Wheat Thins and other products.

That’s when, according to the CFTC’s complaint, Kraft’s wheat traders worked out a plan to heavily buy December-dated wheat futures contracts, signaling to other traders that food companies and other grain processors would also be into snapping up large quantities of wheat at the end of the year.

Such a move caused the price for Kraft to buy physical wheat before December would go down, because grain companies might’ve thought Kraft didn’t need as much grain for its mills right away, says the CFTC.

But despite buying $90 million of December 2011 wheat futures, which is about a six-month supply of meat, the complaint says the companies never intended to take the order, and only expected that the market would react to their moves by lowering cash wheat prices, which is exactly what happened.

“Kraft executed its plan, and the market reacted as Kraft expected, yielding Kraft more than $5.4 million in futures trading profits and savings from its strategy,” CFTC officials wrote in the complaint.

Kraft and Mondelez declined to comment to the WSJ, citing active litigation.

CFTC Sues Kraft, Mondelez for Alleged Manipulation of Wheat Market [Wall Street Journal]

by Mary Beth Quirk via Consumerist

Federal Jury Rules Heinz Didn’t Rip Off Man’s Idea For Single-Serve Ketchup Packets

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A Michigan food industry entrepreneur lost his fight against H.J. Heinz Co. this week, when a federal jury ruled yesterday that the company didn’t rip off his idea with its Dip & Squeeze single-serve ketchup packets.

The U.S. District Court jury in Pennsylvania ruled that while Heinz didn’t take advantage of the man’s idea for a ketchup packet that you could dip fries into at an opening at the top when it came out with its packets in 2010, it gave the man credit for presenting a new and novel idea for a single-serve ketchup packet, reports the Pittsburgh Post-Gazette.

Heinz welcomed the verdict, as it maintained that it came up with the Dip & Squeeze concept all on its own.

“Heinz firmly believed all along that [the plaintiff’s] claims were groundless, and we are pleased to have prevailed in this case,” said Michael Mullen, senior vice president of corporate & government affairs. “Heinz’s history of product and packaging innovations dates back to our founder, H.J. Heinz, and continues today as a cornerstone of the company.”

The man’s attorney and his client haven’t decided whether or not to appeal the decision, which marks the end of a five-year battle against Heinz. In 2010, the company debuted its multi-use ketchup packets, but in 2008, both sides agree, the man met with Heinz to discuss ways to improve on the traditional foil packets used in fast-food.

At that meeting, he presented his Little Dipper concept that allows diners to dip fries in an opening at the top of the packet. While the entrepreneur claims that afterward Heinz brushed him off and didn’t include his product in a 2008 focus group showing consumers different prototypes to land on the best one, Heinz says he didn’t come through with promised samples of the concept he’d originally pitched.

Heinz also argued that its European division had already been using a multi-use packet as far back as 2002, and had pitched ways to improve single-serve packets to Burger King in 2006. That project stalled due to costs, Heinz testimony claimed.

“He had an interesting idea,” Heinz’s attorney said of the entrepreneur, “He should go back and work on more interesting ideas and spend more time doing that than litigating against companies like Heinz.”

Michigan man loses battle against Heinz over Dip & Squeeze packets [Pittsburgh Post-Gazette]

by Mary Beth Quirk via Consumerist

U.S. Travelers To Cuba Can Now Rent Through Airbnb

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(EFFIE YANG)

While many American companies continue to make preparations for the loosened travel restrictions between the U.S. and Cuba, online-home rental marketplace Airbnb says it already has properties available on the island for booking.

Reuters reports that the company added more than 1,000 rental listings in the country shortly after President Obama announced earlier this year that he would begin normalizing relations with Cuba.

Airbnb says that following the announcement in December that Americans could travel to the country for certain reasons such as family visits and education, there was a 70% spike in searches for rentals in Cuba.

For now the company’s Cuba services are only open to U.S. travelers, and those people must be able to prove they have a license from the U.S. government to travel to the island.

Reuters reports that National Foreign Trade Council, a lobbying group focused on international trade, believes the expanded Airbnb offerings in Cuba could go a long way in meeting demand for travelers’ accommodations.

Airbnb joins a list of other American companies looking to capitalize off of restored diplomatic ties between the two countries. In early March, reports surfaced that Amazon was testing a “ship to Cuba” button on its website.

Airbnb opens rental listings for U.S. travelers to Cuba [Reuters]

by Ashlee Kieler via Consumerist

Should Lawyers Be Held Accountable When Clients Sue Just To Punish Whistleblowers?

Allegiant Air Pilots Plan Strike For Thursday; Could Ground 250 Flights

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(Paul Thompson)

Earlier today, we reported that the pilots of Nevada-based budget carrier Allegiant Air took their beef with the carrier to the public by posting an open letter to passengers voicing their concern about carrier’s stance on safety standards and treatment of employees. Now, the pilots say they’re prepared to go on strike Thursday, a move that has the potential to ground 250 flights.

Bloomberg reports that more than 500 pilots plan to walk off the job tomorrow because the airline has failed to comply with a court order to reverse a controversial scheduling system and restore other employee benefits.

Daniel Wells, president of the Airline Professionals Association Teamsters Local 1224 says the strike will commence at 3 a.m. eastern time and could affect more than 33,000 daily customers to the airline.

The strike threat caps off two years worth of conflicts between the airline and Teamsters over issues regarding benefits and rules involving pilot seniority and schedules.

Pilots claim that a new scheduling system put in place by the airline forces employees to be away from home for extended periods, resulting in exhaustion. Previously, the union tells Bloomberg, a court found the system change was a violation of the law governing negotiations and ordered the airline to restore the prior system.

In a letter published earlier today on the website for the union representing Allegiant pilots, the Teamsters accused the airline of being more worried about its bottom-line than the well-being of employees and customers.

“The company’s profits are propped up by the extra workload placed on its understaffed, underpaid and overworked workforce and its minimalist approach to maintenance and safety,” reads the letter. “Allegiant represents the worst in an economy today where greedy CEOs disregard needed investments into a company’s workforce and infrastructure at the expense of passenger safety and for the benefit of Wall Street.”

The airline defended itself against the pilots’ safety warnings, saying that “Allegiant has one of the best safety records among passenger airlines in the world, and complies with all FAA regulations.”

Allegiant did not provide comment on the pending walk-out, but Bloomberg reports the company filed a lawsuit on Monday to prevent a strike, saying such a measure would be illegal because the two parties haven’t exhausted options for a resolution.

Still, Wells says the airline’s original action in changing the scheduling system activated a clause that makes the strike lawful.

“Restoring the status quo back to what it was prior to the beginning of negotiations is what we want,” Wells tells Bloomberg. “Once we get back to that place, we can talk all day long about the contract we need to get done.”

Allegiant Pilots’ Thursday Strike Plan Threatens 250 Flights [Bloomberg]

by Ashlee Kieler via Consumerist

Retailers Only Have Eyes For You With Latest Online Marketing Efforts

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(Pamela Greer)

On the one hand, it can be very convenient to get a coupon emailed to you based on your obsession with tacos. On the other, having every website you visit blast your eyes with ads for the same darn pair of lime green shoes you already bought as part of a Halloween costume and never intend to buy again. But some retailers say they’re working on tailoring such marketing efforts down to each person individually, to maximize effectiveness and cut down on irritation.

Whittling down the audience to each customer in order to find out not only what they’ve already bought and sell them something similar, retailers are now trying to get down to the individual and make sure they’re also offered different kinds of products, or to get them into physical stores based on online browsing habits, notes Sarah Halzack of the Washington Post.

Retailers from CVS to Barneys New York are going after shoppers with personalized pitches, studying which sites customers visit as well as whether or not they’ve opened or clicked through emails, checked out a company blog post or used a certain kind of coupon.

“For one million users, we want to have one million different site experiences,” Matthew Woolsey, Barneys’s executive vice president for digital told the Post.

As such, Barneys’ new Web site features personalized content that stems from data culled from both a shopper’s in-store purchases as well as how they surf for stuff online. So for example, a woman who browses online for fine jewelry might wait to buy it in-person. A retailer might think however, that just because she browsed and didn’t buy, she might not come into a store.

But by studying behavior across channels, Barneys says it’s learned the value in continuing to keep up the online marketing efforts, instead of switching to a new tactic.

There’s also the creepy factor — retailers are learning that shoppers often don’t like sharing data with retailers, but are okay with it when it generates obvious value for them. You give your location data to Google Maps, Halzack notes, because in exchange you get information that helps you get where you’re going.

It’s a fine line, but one that retailers are trying to walk, with varying success. Again, please don’t spray ads of something we’ve already bought across every single site we visit, because then it feels like being stalked by an insistent fan obsessed with that one time you actually did want lime green shoes.

Instead, figuring out what customers don’t have and might want is the key. That’s what CVS is working on, the company’s vice president of customer relationship management told the Post. Haven’t bought mascara lately? No trips to the store for aspirin? Could be time to stock up — here’s a coupon.

“Sometimes they may not realize we carry some of their other favorite items or that we may have a special that week on a type of product they would normally pick up elsewhere,” she explains.

Retailers are tailoring their Web sites and promotions for you. Just you. [Washington Post]

by Mary Beth Quirk via Consumerist