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Friday, April 24, 2015

RadioShack Bankruptcy Trustee Wants Customer Mailing Lists Removed From Auction

http://ift.tt/18U9B47 Bankrupt RadioShack doesn’t have a lot of assets left that anyone might want, but one very marketable asset is its mailing lists. Specifically, 65 million names and addresses and 13 million e-mail addresses. In March, RadioShack said that it wouldn’t be selling that information…yet. Now that it’s time to sell off the former company’s intellectual property, all of that contact inforamtion is potentially for sale again.

The Attorney General of Texas and most of his colleagues in other states questioned whether the company even has the right to sell this information according to its own privacy policies. Texas took the lead on this since RadioShack was based in Dallas at the time it declared bankruptcy. The court has appointed a privacy ombudsman who will evaluate these issues, but the bankruptcy trustee argued this week that the sale of customer data (Personally Identifiable Information, or PII, as it’s called in bankruptcy court) may be going forward in a way that doesn’t let the ombudsman have access to the information she needs to report on the planned sale.

The list of the intellectual property for sale and bidding procedures that RadioShack’s attorneys filed doesn’t clearly explain how customer data would be used once it is sold, and doesn’t detail how the sale will work. “The Motion does not provide any detail or information as to what customer data or PII is proposed to be marketed or sold or how many customers may be affected. The Motion and the Bidding Procedures do not require bidders to separately allocate a portion of their bid for the customer data or PII.” Who will be allowed to bid on this information? What are they allowed to do with it? Nobody knows, possibly even including the ombudsman.

The trustee asked the court not to include customers’ personally identifying information in this part of the bankruptcy auction. There will be a hearing on this exact subject on Tuesday, and we’ll learn more then.

Meanwhile, here’s a confidential message for liquidator Hilco Streambank: Consumerist’s offer of ten bucks for the domain name TheShack.com still stands.

OBJECTION OF THE UNITED STATES TRUSTEE TO THE DEBTORS’ COMBINED MOTION FOR ENTRY OF ORDERS: (I) ESTABLISHING BIDDING AND SALE PROCEDURES; (II) APPROVING THE SALE OF CERTAIN IP AND RELATED ASSETS; AND (III) GRANTING RELATED RELIEF [PDF]


by Laura Northrup via Consumerist

Google Apologizes For Android Figure Urinating On Apple Logo In Google Maps

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Ooops?

Ooops?

Unlike The Dude,* it would appear that every time an Android figure is pictured micturating upon an Apple logo, someone does have to be held responsible. In this case, it’s Google, which is apologizing after an image of an Android bot peeing on an Apple logo popped up in Google Maps.

The offending bit of urination showed up somewhere near Pakistan, at 33°30’52.5″N 73°03’33.2″E, near Rawalpindi, Pakistan, Cult of Android was the first to report. It’s since been removed.

Google didn’t just slap this Calvin and Hobbesesque image in there on purpose, despite its intense rivalry with Apple, notes the Washington Post: The company uses a feature called Map Maker that users can update and help keep Google up with the times as things change. Those tweaks are supposed to be reviewed by other users and a moderation team, a system that apparently failed in this case.

“We’re sorry for this inappropriate user-created content; we’re working to remove it quickly,” a spokesperson told the Washington Post. “We also learn from these issues, and we’re constantly improving how we detect, prevent and handle bad edits,” while noting that most of the users who edit Google Maps provide “great contributions.”

*Our contribution, on the topic of micturation:

Google’s sorry that this crudely offensive image of the Apple logo turned up in Maps [Washington Post]


by Mary Beth Quirk via Consumerist

Police Seek Woman Who Stuffed $1,140 In Electronics Inside Her Skirt

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criminalcrinolineA dress with a flowing full skirt is a great fashion choice for a hot day, so the woman who walked into a RadioShack in Florida dressed that way back in February didn’t really stand out. No one really noticed the full skirt of her floral dress…not even when she and her shopping companion began cramming electronics under the skirt, into some kind of criminal crinoline with pockets.

This was after RadioShack declared bankruptcy but before they closed more than half of their stores, but that’s still no excuse. You can watch the video over at the Sun-Sentinel web site: it auto-plays, so we won’t embed it here.

What is the woman stuffing inside her dress? Police say that she took fairly common RadioShack items off the shelves, which included remote-controlled toys, an electronic music kit, and automated appliances. They didn’t name the specific items, but it must have cleaned off a shelf: RadioShack employees only noticed that a theft had occurred when they saw the empty space on the shelf.

If you happen to know who this couple are, let Broward Crime Stoppers know: you can call in anonymous tips at 954-493-8477. If you happen to know how to make an under-the-skirt storage device like this, you should probably patent it.

Up-the-skirt shoplifter swipes electronics at Weston store [Sun-Sentinel]


by Laura Northrup via Consumerist

That Was Fast: Charter Reportedly Already Reaching Out To TWC About Possible Merger

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timecharterlogoToday’s headlines are all about Comcast failing to buy Time Warner Cable, but there weren’t just two players in the game. Another company is losing out: Charter would have been the lucky recipient of all the mega-merger’s spun-off customers, giving them greater consolidation over markets mainly in the midwest. But with the failure of the mega-merger, TWC is now minus one new owner, and Charter is minus all those new paying customers. So if a new deal i already in the works, well, color us unsurprised.

Bloomberg Business — which also was the first to hear on Thursday that Comcast was about to bail on the TWC deal — reports this afternoon that Charter has already reached out to spurned suitor Time Warner Cable about another possible union.

Charter already made one go at buying TWC, but got shot down in January in favor of the more lucrative offer from Comcast. As the Comcast/TWC approval process dragged on with federal regulators, Charter made it clear they’d be happy to try again should the opportunity present itself. And now it has.

Charter’s 2013/2014 offer to TWC was about $31 billion; Comcast’s failed bid was $45 billion.

According to Bloomberg, executives from the two companies have not yet sat down to negotiate any specific details, but Charter has already approached banks about potential financing and “advisers” for the company were reaching out to people at Time Warner Cable earlier today.

Charter’s planned acquisition of Florida-centric Bright House Networks is also on the line after the collapse of the Comcast/TWC merger, and could be part of any further merger deals.

As for the regulatory angle, a merged Charter/TWC would have one big advantage over anything involving Comcast, and that’s size. Or rather, the lack thereof. Put together, TWC and Charter still have fewer subscribers than Comcast alone, and would only add to TWC’s status as the second-largest cable company in America.

Charter Advisers Said to Contact Time Warner Cable for Talks [Bloomberg]


by Kate Cox via Consumerist

Eyewear Maker Luxottica Says The New Version Of Google Glass Is On Its Way

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Out with the old, in with the new.

Out with the old, in with the new.

For those who didn’t get a chance/didn’t want to jump on the Google Glass bandwagon the first time it rolled around, with its oft-maligned design that allows people to record everything they’re seeing (including people who might not want to be filmed), you’ll soon have the opportunity to get/make fun of/criticize a new version soon.

Luxottica, the Italian eyewear company behind brands like Ray-Ban and Oakley that teamed up with Google in an effort to make Glass something people will actually want to wear, says we should expect the newest offering soon, with CEO Massimo Vian telling shareholders at the company’s general meeting in Milan, Italy that preparations for the new Glass design are underway, reports the Wall Street Journal.

Though Vian didn’t share any details about exactly when it’ll launch or what capabilities it will have — for example, will wearers still be able to snap photos or record video of unsuspecting parties without tipping them off? — but reportedly said it will be out soon.

“In Google, there are some second thoughts on how to interpret version 3 [of the eyewear],” Vian told shareholders. “What you saw was version 1. We’re now working on version 2, which is in preparation.”

Google stopped selling Glass earlier this year and shuttered its Explorer program amid low sales, which made some tongues wag over what some saw as the demise of the project. Despite that, Google’s executive chairman Eric Schmidt insisted it wasn’t done yet, telling the WSJ it had been moved into the same division as Google Nest, “to make it ready for users.”

Google declined to comment on specifics of the new version, saying only in a statement: “The team is heads down building the future of the product and we’re not commenting on rumor or speculation.”

Italian Eyewear Maker Luxottica Working on New Version of Google Glass, CEO Says [Wall Street Journal]


by Mary Beth Quirk via Consumerist

How A 90-Minute Presentation Turned Into A 2-Year Timeshare Nightmare

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Not even once. (Misfit Photographer)

Not even once. (Misfit Photographer)

Most Consumerist readers consider themselves savvy and resistant to marketing messages and sales pitches. Even then, be cautious when accepting free stuff or cash in exchange for sitting through a time-share presentation. One couple received such an offer while shopping in Puerto Vallarta, Mexico. They say that they were offered $450 to attend a 90-minute presentation, and after 8 hours of sales pitches signed up for a timeshare that they didn’t want.

How does that happen? CBS Sacramento investigated what’s been going on at this resort, and found plenty of people who claim that they were plied with alcohol on an empty stomach during the course of the sales pitch. Some claim to have been drugged. A former employee explained that this was a common practice: they would bring in a nice glass of wine or a cold can of beer after prospects had been sitting there for hours with nothing to drink. “After four hours of not drinking, not eating, half a beer you start to feel buzzed,” he explained to CBS Sacramento.

The couple say that the salespeople opened up new credit cards for them, charging the down payment and closing costs for their condo to the new accounts. They sought assistance from Mexico’s consumer protection agency, and were able to hand them a cancellation letter within the five-day period that timeshare buyers have to change their minds. They returned home to collection calls. That was back in 2013, and the cancellation was never fully canceled. They did get their refund, but only after a reporter and camera crew flew down to Mexico and intervened on their behalf two years later.

One thing to keep in mind if you do decide to buy a time-share is that there’s a cooling-off period. The salespeople won’t push this idea on you, of course, but that’s the case in Mexico and when you buy any kind of timeshare here in the United States, too. If you go home to sleep on it and change your mind, you are able to back out of the transaction.

Call Kurtis Investigates: Mexican Timeshare Nightmare


by Laura Northrup via Consumerist

Showtime May Soon Announce Standalone Streaming Service

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happyishBack in Nov. 2014, CBS CEO Les Moonves said that his company’s Showtime network would “fairly definitively” launch some sort of standalone streaming service in 2015. Since then, there hasn’t really been much news about it. But since HBO has launched HBO Now without the world coming to an end, it looks like it might be time for CBS to unveil that service.

The Street reports that CBS may announce a standalone Showtime product when the media giant announces its next earnings report in early May.

The network is reportedly talking to possible distribution partners to sell the service directly to consumers.

It could go with Apple, who currently has a near-exclusive with HBO for HBO Now (the only other seller for the service is Cablevision, which is limited to customers with its Optimum broadband service).

Showtime could also go with Dish or Sony, both of which recently launched their own live-TV streaming services.

Dish’s Sling already sells something similar to HBO Now, but it’s different in two important ways. First, unlike HBO Now, HBO on Sling offers both live and on-demand access to the network; HBO Now is solely on-demand in its current form. Second, in order to get HBO from Sling, you need to also have the Sling $20/month base package. HBO Now is a true standalone service in that you only need an Internet connection.

Adding Showtime as a premium stream on Sling might make better sense than Sony’s PlayStation Vue, which is currently only available in three markets — New York City, Philadelphia, and Chicago. However, Vue does carry some CBS-owned channels, while Dish and CBS have had some very public feuds; though that tense relationship appeared more at ease after the two companies’ last contract renewal.

Interestingly, Showtime’s current on-demand app, Showtime Anytime, offers users the ability to stream the network live to your mobile devices. If the network ports that functionality over to a standalone service, that might make it even more appealing.

CBS would likely try to sell Showtime at the same $15/month price point as HBO Now, though the show doesn’t currently have any single piece of original content that compares to HBO’s Game of Thrones juggernaut.

As you can see from the below screengrab, CBS recently applied for a trademark on “Showtime 3,” for a product described as “Broadcasting services, namely transmitting and streaming digital audio, video, graphics, text and data, rendered through the media of telelvision, cable, satellite, radio, telephone and broadband systems, and via the internet, portable and wireless communications devices.”

showtime3

This could just be another channel that Showtime is adding to its lineup of sub-networks. There is already a Showtime 2, but the network has eschewed numbers in subsequent offerings, choosing instead things like Showtime Beyond, Showtime Extreme, Showtime Family Zone, Showtime Next, and Showtime Women.


by Chris Morran via Consumerist

Comcast Can’t Buy TWC, But There Are Plenty Of Other Companies They Can Spend $45B On

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Comcast’s dream of achieving full coast-to-coast cable dominance this year came to an official end this morning when they had to admit the Time Warner Cable merger was just not going to happen. But Comcast is a huge business, with impatient shareholders. They need to continue proving growth, which means buying other businesses to make theirs bigger. TWC might not be on the table anymore, but something, somewhere has to be.

So with $45 billion just burning a hole in their pocket, what can Comcast spend it on? Here are some strategies they might try.

Go Wireless
Comcast was wrong when they claimed mobile data was real competition for cable — but they were on the right track. The wireless sector is growing, the tech is improving, and mobile looks in basically every way to be the wave of the future. There are reasons that AT&T and DirecTV want to merge: bringing wireless service in-house with pay-TV and broadband service looks like a really good bet for the next decade or two of the 21st century.

AT&T and Verizon are complete non-starters for a merger (aside from the huge competition issues, both companies are worth billions more than Comcast is), but Sprint or T-Mobile could be on the table. Sprint’s parent company isn’t necessarily looking to sell right now, but T-Mobile’s has been trying to find a buyer for months. And at a cool $28 billion market cap, T-Mo would be a steal for Comcast.

Since wireless is the one pie Comcast doesn’t currently seem to have a thumb in, that could go better for them than the TWC proposal did. Though they’d still be in the awkward position of arguing that all that wireless competition they claimed existed when they wanted to buy TWC suddenly doesn’t actually compete with cable internet after all.

Streaming Video
Comcast already owns anything in the NBC Universal family, and with that came a 33% stake in Hulu. But even though Hulu keeps chugging along, it’s not the big name in the streaming business. The elephant in that room is clearly Netflix.

Right now, Netflix is valued at just shy of $34 billion. Comcast has the money… if they could make the case.

Analysts have suggested that Comcast might actually try for it. That would make them hugely competitive in the streaming space, as traditional pay-TV subscriptions decline — but it would have to come with an utterly enormous pile of stipulations to make it through the FCC.

Comcast repeatedly pointed to Netflix (along with Amazon and Facebook) as competition in their regulatory filings for the failed TWC transaction. And it is, in many senses. They’d have to lay out one heck of a compelling case to explain why they were wrong in that transaction in order for a Netflix buyout to pass muster as not being anticompetitive.

Digital Media
Comcast already owns a major broadcast TV network, several cable networks, and a movie studio, thanks to their 2011 acquisition of NBCUniversal. But if the future of news is online and not on the air, why would they stop there?

Indeed, sources say that Comcast has been eyeing one of the foremost of the current wave of new media start-up brands: Vox Media, home to SB Nation, Polygon, The Verge and, well, Vox (among others).

Comcast’s venture capital company is already one of Vox’s investors. And according to Fortune, the two companies were in talks earlier this year that fizzled out. The $300 – $400 million Vox is valued at is basically pocket change in Kabletown. Now that Comcast doesn’t have a mega-merger on its plate this spring, that could free up time and money for them to try again.

Bandwidth Barons
During the net neutrality debates, we heard a lot about Comcast being a “last mile” provider, moving traffic from trunk carriers, as it were, over the shorter distances to your house. That’s where all the peering and interconnection disputes came into it.

Comcast could short-circuit some of their peering agreements (at either end) pretty much forever if they owned the next chain in the link, too.

Level 3 has a market cap of $19 billion, give or take. Cogent’s about $1.6 billion. Comcast could afford either — if it would be allowed to buy them. The Antitrust Division might have a thing or two to say about Comcast buying out the backbone, which everyone uses, and not just the last mile. That said, other major Tier 1 ISPs already do include AT&T, Verizon, and Sprint so it might not be so farfetched after all.

International Roaming
Pay-TV penetration in the U.S. probably peaked in the last couple of years, and is going to be on a gentle downhill slide. But there are 195 other nations in the world and Comcast could acquire TV and possibly broadband operators overseas.

Highly-regulated European nations are unlikely to welcome a broadband intrusion from America’s perennial Worst Company, but there are plenty of other places in the world where infrastructure can be built out for pennies on the dollar as compared to within the U.S. If Comcast bought a local provider elsewhere, and targeted the right place, they could theoretically have an in to as captive a broadband-craving audience as they do here.

Smaller Cable Companies
Comcast got to be Comcast because of consolidation. Cable companies used to be hyper-local, serving just a few municipalities or counties. Then small companies started merging, and kept merging, until they became very large companies — which still snapped up tiny ones.

Regulators rightly decided that merging the #1 and #2 cable operators was a bridge too far, but they might be less hostile to Comcast buying small, regional or local providers. Adding 12,000 subscribers here and there doesn’t have quite the same level of national impact that adding 12 million would have.

Targets in the top ten might not pass muster with the FCC, but Comcast could target companies in the next rung down, like WOW or Cable One. The companies are privately-owned so it’s hard to know exactly what they’re valued at, but either (or even both together) would be a fraction of the cost of acquiring TWC.

And if that doesn’t work…
$45 billion is just about enough money to buy 7 billion burritos. If all else fails, Comcast could buy everyone on Earth a nice, hearty lunch. That, at least, might win them some goodwill.


by Kate Cox via Consumerist

Health Officials Issue Warning Over Uptick In Hospitalizations Linked To Synthetic Marijuana

http://ift.tt/1KdzCbU One of the biggest dangers involved with using so-called designer drugs? One tweak to one chemical and something that’s illegal and potentially unsafe could slip past regulators and into the hands of consumers. Such is the case for a form of synthetic marijuana known as “spice,” that’s been linked to an uptick in illnesses and hospitalizations that has health officials and experts around the country worried.

Public health officials and poison-control experts from New York to Colorado are sounding the alarm over spice, which could encompass any number of kinds of synthetic marijuana currently on the market.

According to a report by USA Today, just last week poison centers around the country received 1,900 calls from people looking for help after having a bad experience with these drugs, which is four times the number of calls made last year at the same time.

New York’s Gov. Andrew Cuomo issued a health alert earlier this month after emergency departments in that state reported more than 160 patients coming in during a nine-day period linked to synthetic cannabinoids, while Alabama had 137 emergency department visits in 18 days related to the drugs. Those are just a few examples, with other states also reporting dramatic increases in illnesses linked to spice.

If you’re unfamiliar with these designer drugs, spice packets are often sold at gas stations and the like, labeled as potpourri or incense and warning that they’re “not for human consumption.” Smoking the contents of the packets — often leaves sprayed with synthetic drugs can lead to a high that’s supposed to mimic marijuana.

Because of that link to marijuana, people often think spice is safe, one doctor tells USA Today, though symptoms he’s treated include one batch that indicated it had been laced with PCP. Overdose symptoms can include kidney failure, rapid heartbeat, agitation, and hallucinations.

“It’s really the kitchen sink. It’s really like playing Russian roulette,” he said.

Federal regulators have tried to get a handle on the situation, banning 26 different types of the synthetic drugs… but all it takes is one molecule and the drug can change, making it harder to ban. To that end: In 2009, when spice started to become popular, federal officials counted two kinds of synthetic cannabis. In 2012, there were 51 different types.

Hospitalizations from synthetic pot spike, officials say [USA Today]


by Mary Beth Quirk via Consumerist

DeVry Closing 14 Campuses, Moving Students Online

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DeVry is shuttering 14 campuses in 11 states, and moving those students online.

DeVry is shuttering 14 campuses in 11 states, and moving those students online.

Amid lawsuits, scandals, shutdowns — not to mention the many former students who say they racked up huge student loan bills without getting an adequate education — enrollment at for-profit colleges in the U.S. continues to shrink. And students at 14 DeVry campuses in 11 cities will soon have to take their education online with the educator moving those schools online in an effort to save money.

DeVry Education Group has unveiled its latest quarterly earnings [PDF], and things have been better for the for-profit college operator.

New undergraduate enrollment in March at DeVry University was down 17.2%, with overall undergraduate enrollment down 15% over last year, a total drop of more than 6,000 students.

The company’s Keller Graduate School of Management also saw a drop (-9.5%) in enrollment over the same term in 2014.

Likewise, DeVry-owned Carrington College saw modest declines in enrollment, with 2.7% fewer new students and a 1.5% decrease in overall enrollment.

Interestingly, DeVry is seeing a boom in student growth in Brazil, where its DeVry Brasil operations grew by 78% over last year, from 33,000 students to nearly 59,000. DeVry Brasil now represents the largest single chunk of DeVry’s 144,000 students among all its schools.

As part of the its turnaround plan, the company is shuttering more than a dozen physical locations across the country. Students at these schools will have to take their coursework online, but DeVry hopes the savings in property and staff will offset the declines in enrollment.

Here are the 14 campuses where DeVry will be shifting students to online-only:
• Detroit
Southfield campus

• Houston
Houston campus
Galleria campus

• Indianapolis
Indianapolis campus

•Memphis
Memphis campus

•Milwaukee
Milwaukee campus

•Minneapolis
Edina campus

•Pittsburgh
Pittsburgh campus

•Portland (OR)
Portland campus

•Seattle
Federal Way campus
Lynnwood campus

•St. Louis
St. Louis campus

•Tampa
Tampa Bay campus
Tampa East campus


by Chris Morran via Consumerist

Court Dismisses Yelp Shareholder Lawsuit Over Bogus Reviews, Inflated Stock Prices

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yelpadfaqLast summer, some Yelp shareholders filed a class-action lawsuit against the online review site, alleging that Yelp misled them about the quality of user-generated reviews and the process Yelp uses to screen for bogus write-ups. This week, a federal court judge sided with Yelp and dismissed the complaint, saying that a reasonable investor would not believe that every review posted to an open and free online community would be genuine.

To go back a second, the original complaint [PDF] the shareholders argued that not all reviews on Yelp are “authentic ‘firsthand’ reviews, but instead included fraudulent reviews by reviewers who did not have first-hand experience with the business.”

The lawsuit also took issue with Yelp’s screening process, which allowed “unreliable reviews to remain prominent while the Company tried to sell services designed to suppress negative reviews or make them go away.”

The plaintiffs claimed that Yelp actively “engaged in a scheme to deceive the market” by talking up its business prospects and sending out press releases touting its user-generated reviews.

The company’s stock price was riding high at around $98/share in March 2014, but then took a tumble to around $66 the next month following a report that the Federal Trade Commission had received more than 2,000 complaints about the site. The value of the Yelp shares continued to sink for another month before rebounding. The price hit $80 in Sept. 2014, but has since returned to around $50/share.

In his order [PDF] dismissing the case, the judge writes that Yelp’s statements about the quality of their reviews “would not have deceived a reasonable investor into believing that all of the reviews hosted on the Yelp website at a given moment in time were authentic and reliable.”

The judge points out that it’s “widely understood” that Yelp reviews are user-generated and that “A reasonable investor would have understood that Yelp did not guarantee that no user would ever post an inauthentic or unreliable review to Yelp’s website.”

In spite of multiple anecdotal claims from businesses that Yelp tried to extort them into paying for better reviews or to have bad reviews removed, the judge found that the plaintiff failed to show this was an actual practice of the company.

And the mere fact that complaints were filed with the FTC doesn’t make them true.

“The FTC complaints in this case… did not reveal any fraud to the market,” explains the court. “[T]he FTC complaints merely added more voices to the chorus accusing Yelp of manipulating reviews to encourage businesses to advertise. These voices were not sufficiently numerous or corroborative to establish the veracity of the accusations they contained.”

“This is not to say the events alleged in any of the FTC complaints did not occur,” the judge clarifies. “But a reasonable investor during the class period was aware that some businesses maintained that Yelp tried to coerce businesses into advertising by manipulating reviews. To this day, Yelp continues to deny manipulating reviews in this manner, just as it did during the class period. The FTC complaints do not make liars out of Defendants, because they do not meaningfully alter the ‘total mix’ of information available to the marketplace on the issue of whether Yelp manipulates reviews of businesses in connection with advertising.”

This may not be the end of the road for this lawsuit, as the court has given the plaintiff 30 days to amend the complaint.

[via Eater]


by Chris Morran via Consumerist

Police: Thief Spent 15 Minutes Dragging Cooler Full Of Stolen Ice Cream Past Napping Gas Station Clerk

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(via Sun Sentinel)

(via Sun Sentinel)

There’s being asleep on the job, and then there’s napping so hard that you apparently don’t notice someone hauling an ice cream cooler past your nose in a 15-minute effort. Police in Florida say a thief managed to drag a cooler filled with Good Humor products out of a gas station store while the clerk snoozed, taking a moment to flip the bird at the security camera.

Surveillance cameras at the gas station show a man walking up at about 4:09 a.m. and finding the clerk asleep behind the window, reports the Sun Sentinel.

The suspect opens the cooler like he’s just another customer with a sweet tooth, before eyeing the clerk carefully for a minute, then flashing his middle finger at the store camera as he realizes

Apparently unable to choose just one treat, he then sets to work for 15 minutes, pushing, pulling and otherwise hauling the cooler out of the store, ever so carefully, as to not wake up the slumbering clerk.

His efforts were rewarded at about 4:25 a.m., when he managed to get the cooler out and away, ostensibly to somewhere he could get the brain freeze of a lifetime. The The suspect was arrested only a few short hours later and charged with grand theft.

Thief steals large cooler of ice cream as store clerk sleeps [Sun Sentinel]


by Mary Beth Quirk via Consumerist

Starbucks Sales Are Up Because People Are Willing To Spend More On Pricy Menu Items

http://ift.tt/1IQNV4Z In the bid to part customers with their hard-earned cash, Starbucks is raking in the cash these days partly because people are willing to spend money on new, pricier menu items. As it turns out, hiking the price of a croissant is something we’re willing to deal with.

The coffee chain reported a higher quarterly profit on Thursday, reports the Associated Press, with a 7% jump in sales at U.S. stores.

Much of that boost is because people are spending more money every time they walk through those doors for their caffeine fix — things like the “Flat White” espresso drink and Teavana iced teas push sales up because they cost more than other drinks, Starbucks Chief Financial Officer Scott Maw said. The company is also charging more for some baked goods, like croissants that are being made with new recipes.

Beyond Starbucks, American consumers are buying more grub in general, with a 16% bump in food sales from a year ago. Breakfast sandwich sales alone are up 35%, Starbucks said, with about a third of their orders at stores including a food item.

And while many consumers are on the lookout for a deal, there are plenty who don’t mind paying more for something they see as a worthy cost.

“What we’re seeing is a premiumization, a trade-up,” Maw said in an interview.

Starbucks extracts more money with pricier drinks, food [Associated Press]


by Mary Beth Quirk via Consumerist

Comcast CEO Tries To Cheer Up Employees Following Implosion Of Time Warner Cable Merger

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You have to respect a man who had the foresight to allow his dad to build him a multibillion-dollar cable and Internet empire.

You have to respect a man who had the foresight to allow his dad to build him a multibillion-dollar cable and Internet empire.

While the majority of American consumers were opposed to the merger of the nation’s two largest cable/Internet providers, there is a large group of people for whom today’s news may be a big downer: Comcast employees.

In an effort to cheer up his thousands of Kabletown staffers, CEO and Comcast scion-in-chief Brian Roberts wrote them all a heartwarming message.

“Throughout the process, we have had an amazing team and great momentum and the company has worked hard to deliver strong results,” reads the letter. “Thank you for all you have done to accomplish that. We can now quickly turn our attention to what’s next for Comcast and continue to do great things for our existing customers. We’ve never been in a better position to do that than the one we are in right now.”

Of course, that brings up the question: If Comcast has truly “never been in a better position,” then why did it think it needed to spend $45 billion on the one cable company with a worse reputation for customer service?

“Comcast is such a great company, and within the past year alone, we have seen amazing operational performance, teamwork, creativity and dedication,” continues Roberts, who worked his way to the top of the $150 billion company by being born into the Roberts family. “While today’s announcement may feel disappointing, particularly to our employees who have worked so hard to plan for the integration, we should all be incredibly proud of ourselves.”

Roberts also has to smooth over things with the thousands of employees who would have been spun off, traded, or lost their jobs because of all the market-shuffling involved in the deal.

“For those of you who were willing to make moves in support of our new footprint, we thank you,” he writes, with such emotion that you can almost see the tears welling in his eyes. “In addition, we are so glad to be keeping our terrific systems in Heartland, Twin Cities, Tennessee and Alabama now that the related transactions with Charter and formation of GreatLand Connections will no longer occur.”

Roberts concludes by reminding everyone to shut up and not talk to the media.

“There will be a lot of press coverage over the next couple of days,” he writes. “Just as we’ve done over the past year, the best thing we can all do is stay focused on our customers and our business.”

That’s right. Get back to begging customers not to leave, calling employers of complaining customers to get them fired from their jobs, cashing customers’ rent checks, lying to homeowners about their homes having service, lying to customers about data caps, and changing customers names to “A**hole” and “Super Bitch.”

Below is the full text of the letter, thanks to DSLreports.com.

We’re writing to you today with an important update on our proposed transaction with Time Warner Cable (TWC). We are terminating our merger agreement with TWC as well as the agreement with Charter Communications.

While we and TWC believed our combination was a great next step for our companies, we knew from the beginning there would be regulatory hurdles to approval. And even though we were hoping for a different outcome, we have elected to terminate this transaction.

Throughout the process, we have had an amazing team and great momentum and the company has worked hard to deliver strong results. Thank you for all you have done to accomplish that. We can now quickly turn our attention to what’s next for Comcast and continue to do great things for our existing customers. We’ve never been in a better position to do that than the one we are in right now.

Comcast is such a great company, and within the past year alone, we have seen amazing operational performance, teamwork, creativity and dedication. While today’s announcement may feel disappointing, particularly to our employees who have worked so hard to plan for the integration, we should all be incredibly proud of ourselves.

Over the past year, a lot of planning and preparation has been accomplished, and many of you were already looking ahead to support our post-close organizational structure. That structure was contingent upon the close of the TWC transaction. For those of you who were willing to make moves in support of our new footprint, we thank you. In addition, we are so glad to be keeping our terrific systems in Heartland, Twin Cities, Tennessee and Alabama now that the related transactions with Charter and formation of GreatLand Connections will no longer occur.

There will be a lot of press coverage over the next couple of days. Just as we’ve done over the past year, the best thing we can all do is stay focused on our customers and our business.

Thanks for everything you do.


by Chris Morran via Consumerist

Diet Pepsi Switches From Aspartame To Sucralose

http://ift.tt/1H43BRd As consumers slowly lose interest in diet beverages and in sodas overall, PepsiCo is out to follow changes in consumers’ sweetener tastes. One change is that people just aren’t into aspartame as much as they used to be, due to a combination of flavor and health concerns. As the quest for a palatable non-calorie sweetener continues, Pepsi is replacing aspartame wtih sucralose in their diet beverages.

This causes problems for people who are sensitive to Splenda: many diet drink buyers complain that it causes gastrointestinal distress, for example. “Diet cola drinkers in the U.S. told us they wanted aspartame-free Diet Pepsi and we’re delivering,” a company representative explained to CNBC. Soft drink companies have been experimenting mostly with sucralose and stevia, including slipping small amounts of both of those theoretically more “natural” sweeteners in regular sodas in order to cut calories per servicing.

It used to be that Coca-Cola was the top-selling soft drink in the United States, and Diet Coke came in second. Now regular Pepsi is the top seller, as consumers have apparently decided that we would rather avoid soft drinks entirely rather than buy diet drinks to avoid calories.

Pepsi to ditch aspartame in Diet Pepsi [CNBC]


by Laura Northrup via Consumerist

It’s A Comcastrophe: A Look Back At How Comcast Failed To Buy Time Warner Cable For $45B

http://ift.tt/1y65An3 We were skeptical from the start, but obviously someone at Comcast believed that the company would eventually be allowed to acquire Time Warner Cable for the massive sum of $45 billion. Yet this morning the nation’s largest pay-TV and Internet provider walked away from the mega-merger that would have given it unprecedented market share in both of these industries and control over cable and broadband service for the two largest cities in the U.S. So how did we get here?

Let’s take a look back at the timeline for this multibillion-dollar Comcastrophe:

• Nov. 13: We hear the first whispers of a merger between Time Warner Cable and other companies, including Charter and Comcast.

• Dec. 2013: When a hookup between Comcast and TWC still only a rumor, FCC Commissioner Ajit Pai expresses skepticism that such a huge acquisition would ultimately be approved by the current Commission.

• Jan. 13, 2014: Before Comcast publicly proposed to Time Warner Cable, TWC had to give a less-attractive suitor the boot, rejecting a $37.3 billion offer from the backers of Charter Communications. Little did Charter know that Comcast had been quietly wooing new TWC CEO Rob Marcus the whole time.

• Feb. 13, 2014: Comcast officially confirmed its plan to acquire TWC, claiming it would bring better customer service (it couldn’t get worse), more innovation and savings (for the company; not customers). The company was already sniffing out antitrust concerns, hinting that it would consider divesting some of its 20+ million customers in order to make the deal more palatable.

• Feb. 23, 2014: After months of decreasing download speeds for its subscribers as Comcast allowed data to bottleneck, Netflix announces that it has made a deal with Comcast to pay for better and more direct access to Comcast end users. The announcement has the effect of making Comcast look like a passive-aggressive bully and raised questions about the company’s alleged support of net neutrality. This is not what Comcast needs when trying to impress regulators.

• March 7, 2014: Wherein we debunk Comcast’s repeated claims that there is a “highly competitive and dynamic marketplace” for cable and broadband.

• March 20, 2014: An SEC filing about the merger reveals that new TWC CEO Rob Marcus could rake in as much as $79.9 million just for sitting back and letting his company be acquired. Not bad for only a few months on the job.

• March 26, 2014: The first group with a direct financial interest in the merger — the Writers Guild of America — comes out publicly in opposition to the deal.

• March 29, 2014: Comcast CEO Brian Roberts is the subject of a New York Times love letter in which he laments that the non-competitive structure of the cable industry has resulted in his company being shut out of the NYC market. Roberts glosses over the part about how his company has benefited from these regional exclusivity deals and would not have become the nation’s largest pay-TV provider without them.

• April 8, 2014: Comcast officially files merger paperwork with the FCC. In the documents it claims that, in spite of evidence to the contrary, there is plenty of broadband competition out there because people can get data over their phones.

• April 28, 2014: The threesome of Comcast, TWC, and Charter announce their plans to swap franchises in a handful of markets and for about 4 million current Comcast/TWC customers to be spun off into a new company that would be controlled, in part, by Charter.

• May 15, 2014: Comcast Exec VP David Cohen, the mouthpiece of the merger, says that the company expects to have data caps — sorry, data thresholds — in place across its entire footprint within five years.

• June 19, 2014: A national survey from our colleagues at Consumer Reports finds that the majority of Americans oppose the merger.

• July 9, 2014: Dish calls on the FCC to block the merger, saying that there are no conditions that could make it acceptable for the two companies to combine.

• Aug. 22, 2014: We get our first glimpse at the extensive information requests being made by the FCC about this merger. The breadth and scope of these requests are the first real signs that the Commission will not be rubber-stamping this acquisition.

• Aug. 29, 2014: While regulators in D.C. had the ultimate say on the merger, state-level regulators were also involved, especially in California and New York, where millions of people in those states’ two largest markets would be changed over from TWC to Comcast. This story represented the first rumblings that the New York Public Service Commission might push back against Comcast’s entry into the NYC market.

• Sept. 3, 2014: The 4 million Comcast/TWC customers who were to be handed off to a new spun-off company learn that company’s name: GreatLand Connections.

• Sept. 8, 2014: Fearing backlash from Comcast and its NBC Universal properties, many media companies were reluctant to publicly express concerns about the merger. But Discovery chose to put its name on its filing in opposition to the deal.

• Sept. 24, 2014: Comcast says that opposition to the merger is just “extortion;” merger opponents suggest the company look up the definition of this word in the dictionary.

• Oct. 20, 2014: Reports indicate that Dept. of Justice antitrust lawyers are digging “deep in the weeds” in their review of the merger, once again indicating that this will not be a cake walk for Comcast.

• Oct. 24, 2014: Various antitrust experts from around the country bring their concerns about the merger to the FCC.

• Dec. 11, 2014: Pennsylvania’s two U.S. Senators, Pat Toomey and Bob Casey, send a joint letter to FCC Chair Tom Wheeler asking him to hurry up and approve this awesome merger already… without mentioning that the two lawmakers had received a combined $184,000 in contributions from Comcast in their most recent election cycles.

• Dec. 30, 2014: A year-end review of national customer service and satisfaction surveys shows that Comcast and TWC are at the bottom in nearly every single category.

• Jan. 26, 2015: It’s revealed that a number of letters sent to the FCC by local politicians in support of the Comcast merger were actually written (or at least initially drafted) by Comcast.

• Feb. 16, 2015: The California Public Utility Commission recommends a number of conditions for allowing TWC to swap franchises with Comcast and Charter, but Comcast pushes back on anything having to do with improving its heavily criticized Internet Essentials program for low-income households.

• Feb. 17, 2015: Formerly positive analysts downgrade the odds of a successful Comcast/TWC merger, giving it only a 60% chance of approval.

• April 6, 2015: A report shows that much of the public support for the Comcast merger came from groups that received money from Comcast.

• April 10, 2015: California Public Utility Commissioner Mike Florio proposes that the state block TWC from transferring its franchises over to Comcast.

• April 17, 2015: The first reports that antitrust lawyers at the DOJ were leaning toward blocking the merger. To do so, the DOJ would have needed to sue Comcast in federal court.

• April 21, 2015: Six U.S. Senators, including Al Franken (Minnesota) and Elizabeth Warren (Massachusetts), write to FCC Chair Wheeler and U.S. Attorney General Eric Holder, asking them to put an end to the merger.

• April 22, 2015: The Wall Street Journal reports that the FCC is going to recommend that the merger go before an administrative law judge — a sign of almost certain doom for any acquisition.

• April 23, 2015: Multiple reports claim that, after meetings with both the DOJ and FCC, Comcast will back out of the deal.

• April 24, 2015: The end of the road. Comcast confirms it is canceling the merger plans.


by Chris Morran via Consumerist

Mattel Discontinuing SeaWorld Trainer Barbie And All SeaWorld-Branded Merchandise

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seaworldtrainerbarbieBarbie won’t be training whales at SeaWorld anymore, as reportedly Mattel confirmed that it’s ceasing production of all SeaWorld-branded merchandise, which includes its SeaWorld Trainer Barbies.

“We’re not making the dolls anymore,” a Mattel spokesman told the New York Post, saying the decision stemmed partly from concerns from environmentalists like the People for the Ethical Treatment of Animals, which has been campaigning against the dolls since at least 2012.

According to the Mattel site, the Barbie wearing a purple-and-pink sparkly wetsuit that came with a baby Shamu was first released in 2009.

SeaWorld has faced increasing criticism since the release of the documentary Blackfish, chronicling alleged mistreatment of orca whales by the park as well as accusing it of violating Occupational Safe and Health Administration laws.

Blackfish‘s narrative focused on the death of SeaWorld Orlando trainer Dawn Brancheau, who was killed in front of park visitors when an orca named Tilikum pulled her into the water and kept her under it during a performance. The documentary created quite a public relations headache for the marine park, landing it in Consumerist’s Worst Company In America contest for the first time in 2014.

Since then, SeaWorld took its trainers out of the water after dropping its appeal of those OSHA violations, and pledged to double the size of the orca environment and spend $10 million on marine research.

Consumerist reached out to Mattel for comment and we’ll let you know when we hear back.

‘SeaWorld’ Barbie sleeps with the fishes [New York Post]


by Mary Beth Quirk via Consumerist

Failure To Be Undeniably Hot No Longer An Impediment To Getting A Job At Abercrombie & Fitch

http://ift.tt/1DHhCkx In a further attempt to shed its image as a place where rippling six-packs and bronzed bodies go to commune with the hot powers that be, Abercrombie & Fitch is doing away with its policy on having only super hot sales associates in its stores, opening up its doors to anyone with a dream of selling khaki cargo shorts and pre-ripped jeans.

After doing away with hard-bodied hunks in its ads in February, today marks the first day of a new era at Abercrombie, ushered in by the exit of former CEO Michael “We Only Sell Clothes For Cool Kids” Jeffries in December: As of today, you won’t have to be super hot to work at an Abercrombie store, as the company retires the “appearance and sense of style” hiring rule, reports Bloomberg News.

“We’ve put the customer at the center of the business,” said Christos Angelides, president of the company’s Abercrombie brand, who is one of the internal candidates up for the CEO job, along with Fran Horowitz, the head of the Hollister brand.

A change in dress code and attractiveness rules is part of the plan to appeal to more shoppers, instead of having everyone just look how Jeffries wanted them to.

This means French-tip manicures, eyeliner, certain hair-styling products, mustaches and other things employees used to be prohibited from using. Sales clerks are now brand representatives and not model, in an attempt to have the focus on selling clothes to customers and not swanning around being vain.

Bye-Bye, Beefcake: Abercrombie’s Hot Salesclerk Policy Is Over [Bloomberg]


by Mary Beth Quirk via Consumerist

It’s True: The Comcast/Time Warner Cable Merger Is Officially Dead

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comcast-twclogo_NOGOAs it was predicted yesterday, so it has come to pass: after 15 months of trying to get it approved, and opposition not only from consumers, consumer advocates, and lawmakers but also from regulators, Comcast is giving up on its dreams of acquiring Time Warner Cable and walking away entirely from the merger.

In a statement, Comcast CEO Brian L. Roberts accepted defeat, saying, “Today, we move on.  Of course, we would have liked to bring our great products to new cities, but we structured this deal so that if the government didn’t agree, we could walk away.”

That proved to be a prescient move for the cable behemoth, as regulators did indeed decide that the deal would make Comcast too big and give them too much leverage in an already uncompetitive market.

Roberts also thanked Comcast and Time Warner Cable employees for their hard work on the ultimately-failed merger, and added, “I couldn’t be more proud of this company and I am truly excited for what’s next.”

Rumors swirled earlier this week that Comcast might walk away from the acquisition after sources inside both the Justice Department and the FCC told press that Comcast’s case wasn’t looking good. An objection from either agency would have been enough to stop the merger, as we explained yesterday. That both agencies objected, and could not agree with Comcast on conditions that would make the merger acceptable, means that Comcast would have had to spend an extraordinary amount of time and money publicly airing its dirty laundry to try to convince them otherwise — and would probably still have failed.

Consumers, content companies, and what few competitors exist are now spared from Comcast getting even larger. But Time Warner Cable remains an attractive acquisition target: Charter try again to purchase some or all of the cable company, which still has attractive footholds in New York and L.A. And Comcast won’t want to sit idle; they’ve got $45 billion burning a hole in their pocket and will want to spend it on something.

But for now, for today at least, Comcast and TWC can now join AT&T and T-Mobile in the “too bad, so sad” failed-merger afterparty room while the rest of us take a quick sigh of relief.


by Kate Cox via Consumerist

Consumerist Friday Flickr Finds

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Here are ten of the best photos that readers added to the Consumerist Flickr Pool in the last two weeks, picked for usability in a Consumerist post or for just plain neatness.

Want to see your pictures on our site? Our Flickr pool is the place where Consumerist readers upload photos for possible use in future Consumerist posts. Just be a registered Flickr user, go here, and click “Join Group?” up on the top right. Choose your best photos, then click “send to group” on the individual images you want to add to the pool.


by Laura Northrup via Consumerist