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Friday, January 22, 2016

9 Things We Learned About The Downfall Of Target Canada

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(Great Beyond)
Why did Target’s expansion into Canada fail so quickly? The company is based in Minnesota, which is dangerously close to being Canada. Yet Target Canada failed spectacularly. Why? Sure, they expanded too quickly, and had supply chain problems: we all know the answer. Yet what did that look like on the ground?

Employees on both sides of the border must have worked very hard to make the launch happen, and it resulted in a terrible experience for shoppers. Canadian Business interviewed employees who were there when Target Canada launched and when it failed. For all of the scary details, head over to their site to read the whole story.

Note that Target wouldn’t confirm any of what the ex-employees say, and most of them asked for anonymity because they want to keep working in the industry.

Here’s what we learned from the article: and we thought that we already knew a lot about Target Canada, eh.

  1. Target wasn’t ready. The point of sale systems weren’t working and the company struggled to get inventory into stores, yet they went ahead and opened the first test stores anyway.
  2. When an employee asked Greg Steinhafel, then CEO of Target, what he would change about how Target Canada had launched if he could, Steinhafel said that he would not have bought Canadian discount chain Zellers. The transaction began when Walmart approached the owner of Zellers about a sale, and knowing that their competitor was involved made Target bid more ($1.8 billion) to open 133 stores on a much faster timeline than was actually possible.
  3. Target couldn’t just box up its behind-the-scenes software and send it to Canada, since it was built specifically for the use of Target in the United States, and couldn’t handle French characters or Canadian dollars. They bought a new system from an outside vendor, which usually took stores that were already operating several years to implement. Getting the system to work while also creating Target Canada was a disaster.
  4. In the U.S., Target hires corporate employees who have the right personality right out of school and trains them. In Canada, they did the same, but the bright and friendly young employees they hired received very little training compared to their American counterparts.
  5. There was intense time pressure, but employees didn’t realize how crucial it was that the software running the supply chain had to be correct. “You had these people we hired, straight out of school, pressured to do this insane amount of data entry, and nobody told them it had to be right,” one former employee explained. Inaccurate information delayed shipments and caused other logistics disasters.
  6. The fall before the launch, the merchandising team realized that there was so much inaccurate data in the system that they would have to take a week and do nothing but verify with suppliers every piece of information (size, weight, everything else you can imagine) about every item that the stores planned to carry. It was a miserable week. Target sent ice cream and pizza to comfort them workers.
  7. Target’s employees in suburban Toronto couldn’t type the information into the system themselves: there was another set of workers in India who did that, which was another way errors could creep in. Interviewees disagree about whether their work was error-riddled or not.
  8. The good news: the first stores in Ontario had more customers than expected. Unfortunately, that meant that customers encountered empty shelves.
  9. Warehouse and supply chain software weren’t communicating, which led to empty store shelves and overstuffed distribution centers. The company forecast demand for different items based on information from U.S. stores, not a new chain launching in a new country.

by Laura Northrup via Consumerist

Takata Airbag Recall Increases By 5 Million, Ninth U.S. Death Reported

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(Listener42)

The December death of a Georgia man prompted federal regulators to increase by five million the number of vehicles recalled because of defective Takata airbags that can shoot shrapnel at drivers and passengers upon deployment. 

The expanded recall comes just a week after the National Highway Traffic Safety Association warned that more vehicles could be added to the massive defect list, which now stands at 25 million vehicles.

Reuters reports that many of the vehicles now being recalled were manufactured by companies that previously weren’t connected to the safety issue, those include Volkswagen, Audi, and Mercedes-Benz.

“This is a massive safety crisis,” NHTSA spokesman Gordon Trowbridge tells Reuters.

Friday’s expansion was in part triggered by the December 22 death of a man driving a Ford Ranger pickup. A lawyer representing the man’s family says “there is no doubt airbag shrap (shrapnel) metal killed my client, as this has been confirmed by death certificate and autopsy report.”

The death is the 10th worldwide linked to Takata airbags and the first in a vehicle not produced by Honda.

NHTSA has not yet updated its running list of vehicles affected by Takata recalls, but Reuters reports. that of the five million additional cars nearly one million are Ranger trucks.

New Takata air bag recall to cover 5 million U.S. vehicles [Reuters]


by Ashlee Kieler via Consumerist

CDC Investigating Possible Listeria Outbreak In Dole Salads

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elnina
Since the beginning of July, there have been twelve people who became so sick from a specific strain of Listeria that they were hospitalized. One of them died. Public health authorities know that the cases are linked because of genetic analysis of the bacteria, and have finally been able to link the illnesses to one Dole packaging plant for salad greens in Ohio.

The federal Centers for Disease Control and Prevention have been investigating this outbreak since September. These twelve people were most likely not the only ones who became sick, but they were the ones who had the most severe illnesses and were hospitalized.

To oversimplify a bit, a doctor’s office or hospital can take samples of the pathogen making you sick and upload its genetic fingerprint to a CDC database, where it may be matched with pathogens that have made other people sick in other parts of the country. It’s like identifying criminals using their DNA in an episode of CSI: Barf City.

When officials in Ohio were performing some routine tests on vegetables, they found the same strain of Listeria on packaged salad from the plant in Springfield, Ohio. The facility was shut down yesterday, but there have been no recalls issued yet.

The Dole plant packaged greens sold both under the Dole name and various store brands. Those include:

  • Dole
  • Fresh Selections
  • Simple Truth
  • Marketside
  • The Little Salad Bar
  • President’s Choice

dole-manufacturing-codeWhat should you, as a consumer, do? If you have any salad greens purchased before the announcement yesterday, check the production codes to see whether they match. The plant’s code begins with an “A,” as shown at left.

If you know that you ate affected salad, monitor yourself for the symptoms of listeriosis, which include fever, muscle aches, diarrhea, vomiting, and abdominal pain.

Multistate Outbreak of Listeriosis Linked to Packaged Salads Produced at Springfield, Ohio Dole Processing Facility [CDC] (via Food Safety News)


by Laura Northrup via Consumerist

Self-Driving Car Gets Involved In Crash… After Driver Takes Control

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(Adam Fagen)

Given Google’s recent confession that its self-driving cards would have been involved in 13 crashes if a human hadn’t intervened, you’d assume that having a real driver in an autonomous car could only help. Then you remember that millions of humans crash their vehicles every day, regardless of how intelligent that car is.

Mashable reports that a self-driving Nissan LEAF owned and operated by Cruise Automation — a company that sells after-market autonomous driving kits — crashed into another vehicle while rolling down the streets of San Francisco.

But unlike Google’s self-driving car that would have crashed without human intervention, it appears the Nissan vehicle crashed because of a human.

According to the accident report [PDF], the Jan. 8 incident occurred when the self-driving LEAF began deviating from course, swaying left and right within its lane. The driver then took control of the vehicle, but failed to “change the path of the vehicle and it collided with an unoccupied Toyota Prius.”

No one was hurt in the incident, and Mashable reports that both cars suffered minor damage.

Human error caused a self-driving Nissan LEAF to crash in San Francisco [Mashable]


by Ashlee Kieler via Consumerist

100 Classic Atari Games Coming To Steam Later This Year

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(Great Beyond)
Players of a certain age may have fond memories of some old Atari classics of yesteryear, but the hardware isn’t exactly around anymore and copies of games have literally been in a dump. Well, rejoice: Atari is releasing 100 classic game titles to the PC on Steam sometime this spring. In addition to actually running, the titles will have some modern upgrades like working local and/or online multiplayer and Steam Controller support. [via The Verge]
by Kate Cox via Consumerist

Family Caught In Battle Between HOA & Developers While Their Yard Falls Into Pond

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The property during a better, less eroded time. Since last spring, much of the area marked in red has eroded and neither the HOA nor the developer have taken responsibility. Check out DallasNews.com for an after shot to see how things stand now.
So you come home one day to find that the slope at the back of your yard has begun to slough off into the pond behind your property. You call your homeowners association, which is supposed to handle such disasters, but they do nothing because the pond in question still technically belongs to the developers, who also do nothing. Meanwhile, that slope become more and more like a precipice while the two possible responsible parties do everything but take responsibility.

Thankfully, that’s not actually happening to you, unless you’re the Frisco, TX, family whose story is told in the Dallas Morning News.

The problems began last May, when the family noticed some erosion following a heavy rain. A call to the HOA resulted in no shoring up of the slope, so when rains came again in early December there was more loss of backyard. And right before the new year, the erosion was all the way up to their fence line, quite some distance from the water below.

Finally, it comes out that the HOA didn’t do anything because the land for the pond had not yet been deeded over from the developer.

The developer admits that there was an error in the deed for this common area of the subdivision, but that the HOA has been maintaining the land regardless for years.

The HOA claims that it tried to get a permit to shore up the eroding slope, but the city would not provide them one because the land still technically belonged to the developer.

The city’s deadline for the developer to figure something out has come and gone. Now the city says it hopes to get all the parties together to hash out the problem.

Meanwhile, the homeowners check the fence every morning and don’t let their kids play in the backyard anymore without supervision.

Frisco homeowners in fight over disappearing backyard [DallasNews.com]


by Chris Morran via Consumerist

U.S. Postal Service Looking For More ‘Experimental’ Delivery Ideas, Cost Savings

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(Jenna Belle)
The U.S. Postal Service has adapted to a future where we send and receive fewer first-class letters, but need many more packages delivered to our doorsteps. In testimony to the Senate Committee on Homeland Security & Governmental Affairs this week, Postmaster General Megan Brennan told the assembled senators that the postal service is still looking for new things to deliver to make more money, but hopes that the Senate can pass legislation meant to make it less broke.

For years, one frequent idea out of Congress for saving USPS money was cutting Saturday deliveries. For now, the USPS is bringing in more money by doing the opposite of that, making residential deliveries of regular packages on Sundays for Amazon.

What the USPS wants from Congress is to have its obligation to pre-fund retiree health benefits adjusted. Without that requirement, the service actually turns a profit; taking it into account, the semi-governmental agency loses billions of dollars every year.

While Brennan and other witnesses couldn’t give details during a public hearing, there are other options that the USPS is pursuing to bring in more revenue. The Sunday deal with Amazon may not work out in the long term, since Amazon seems determined to take charge of its own logistics in the coming years, but one appealing option is to allow the USPS to handle shipments of alcoholic beverages. The pilot program of having mail carriers deliver groceries has expanded, and could expand further.

Postal Service Looking to Grow Experimental Delivery Business [ECommerceBytes]
Postal reform consensus develops; 5-day delivery dead [Washington Post]
S.2051 – Improving Postal Operations, Service, and Transparency Act of 2015 [Senate]


by Laura Northrup via Consumerist

Microsoft Finally Resolving A Five-Year-Old Skype Privacy Flaw For All Users

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skype logoThere’s a security flaw in Skype that can expose users’ location. That’s not the news, though: that flaw was discovered in 2010, and published in 2011. No, the news is this: after more than five long years and one big acquisition by Microsoft, that problem is finally fixed.

Skype announced this week that starting with the program’s next update, a user’s IP address will now be hidden by default, instead of visible to other users.

So why is that a big deal, and who’s affected?

The researchers who identified the flaw years ago said that the issue left users exposed in a few different ways. For one thing, checking the IP addresses of, say, every one of the 10,000 Skype-using employees in your business — or someone else’s — could paint a remarkable strong picture of their exact locations and movements over time. It also could open the door to make hacking an executive for a business easier, they said.

But the primary concern these days isn’t corporations; it’s gamers. As The Verge explains, folks who play online or who stream their own gaming experiences often have a target on their own backs. Having someone’s IP address, made easily visible thanks to knowing their Skype ID, makes it super easy to overwhelm them with traffic and knock them offline with a DDoS attack.

The least Skype could do to mitigate that problem, then, would be to not make every user’s IP address visible to anyone and everyone else. And lo: a recent update finally contained the ability to hide your own IP address, and the next update will make that enabled by default.

 


by Kate Cox via Consumerist

Starbucks Transitioning Three Teavana Tea Bars To Coffee Shops, Closing Another

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2hLgsRPY-2448-3264When you think of Starbucks, you probably picture a cup of coffee, but the chain also operates several similar tea shops. Or at least it did. Starbucks announced Friday that it would transition three Teavana tea bars in New York into coffee shops and close a fourth location in California. The Teavana bar in Seattle, as well as 350 retail-only stores will remain open. Starbucks purchased the Teavana brand in 2012. [Starbucks]


by Ashlee Kieler via Consumerist

To Make Up For Outbreaks, Chipotle Wants To Cater Your Super Bowl Party

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Since Chipotle’s foodborne illness issues came to light last fall, the company has tried to win back customers by sending its CEO on an apology tour, revamping its food service standards, and now it’s looking to customers’ wallets. 

The company recently launched a new promotion offering a discount on bulk orders of burritos during the Super Bowl.

Under the promotion Chipotle will take $50 off the first 1,500 catering or Burritos by the Box orders it receives by Feb. 1.

The discount is valid for one-time use only, and must be applied to orders of 20 or more Burritos in the box option.

Chipotle’s promotion not only falls on Super Bowl Sunday, it also happens to be the day before the company plans to shut down all of its stores for a short period of time to address the recent outbreaks.

The discount is just one way Chipotle has tried to win back customers. Last week, Chipotle co-CEO Monty Moran said it will be doubling the amount of free food restaurants can give away to its customers.

It’s been handing out freebies since “the old days,” but the practice had diminished recently, CFO Jack Hartung said in an interview.

“We’ve always had it, but it just kind of drifted to such a low-grade level that it was kind of non-existent.”

While we don’t know the source of the latest outbreak, raw vegetables can be the culprit. To that end, Chipotle has already discussed some changes to its food prep and cooking procedures. These include dipping onions in boiling water to kill germs, adding the cilantro to the rice when the rice is still hot, using lemon and lime juice to kill pathogens in onions and other fresh ingredients.

Additionally, Chipotle will begin pre-shredding/chopping many non-meat ingredients — cheese, onions, tomatoes, cilantro — at centralized locations, rather than at the stores. That would allow Chipotle to test samples of these ingredients before they are shipped out to restaurants.

Chipotle’s stock price sits is currently down around 40% off its 52-week high, as the outbreak news hurt sales more than had been expected. The company has advised investors that it could be a few rocky quarters before Chipotle sees a definitive, positive improvement.


by Ashlee Kieler via Consumerist

It’s 50% Off Time At Most Of Those Walmarts That Are Shutting Down

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(Eric Allix Rogers)
Of the 150 or so Walmart and Walmart Express Stores fated for the chopping block, almost all of them are closing for good next Thursday (Jan. 28). After hearing from anecdotal accounts of big sales at some of these stores, Walmart HQ has confirmed to Consumerist that you can indeed get 50% off at these doomed locations.

The Walmart rep we spoke to confirmed that the retailer had started out by discounting items at 25%, but with only a few days left to go before these stores close, that has been bumped up to 50%.

Below is the full list of stores closing in the U.S. Some are already closed. Those few stores that aren’t shuttering until early February are probably not yet selling things at the 50% discount level yet. We’ve also heard reports that Sam’s Club does not have the same discounts, so this may only apply to Walmart stores.

If you venture out to any of these stores, feel free to send us some photos and details at tips@consumerist.com.

ALABAMA (ALL CLOSING JAN. 28):
14331 Count Rd. 99, Headland, AL
18 Apple Way, Ashford, AL
952 E. Lawrence Harris Hwy, Slocomb, AL
407 West Washington St., Abbeville, AL
6361 Hwy 72 East Gurley, AL
87395 US Hwy 278, Snead, AL
3530 Cathedral Caverns Hwy, Grant, AL
10188 Hwy 431 South, New Hope, AL
7201 Aaron Aronov Drive, Fairfield, AL

ALASKA (CLOSING FEB. 5):
6525 Glacier Hwy, Juneau, AK

ARKANSAS (CLOSING JAN. 28):
720 N Hwy 71, Mansfield, AR
3500 Mulberry Hwy 64 W, Mulberry, AR
814 W. Main, Charleston, AR
1531 E Hwy 64, Coal Hill, AR
8848 N Hwy 59, Van Buren, AR
5 Hwy 124 West, Damascus, AR
154 E Roller, Decatur, AR
905 S Gentry Blvd, Gentry, AR
800 1st Ave SE, Gravette, AR
881 W Buchanan, Prairie Grove, AR
117 Audubon Drive, Maumelle, AR

CALIFORNIA (CLOSING JAN. 28):
5502 Monterey Hwy, San Jose, CA
151 E 5th St., Long Beach, CA
8400 Edgewater Drive, Oakland, CA
4101 Crenshaw Blcd., Los Angeles, CA
2408 Lincoln Ave., Altadena, CA
6820 Eastern Ave., Bell Gardens, CA
701 W Cesar E Chavez Ave., Los Angeles, CA
2045 E Highland Ave., San Bernardino, CA
12120 Carson St., Hawaiian Gardens, CA

COLORADO (CLOSING DATES VARY):
8196 West Bowles Ave., Littleton, CO (Jan. 17)
2253 S Monaco Pkwy., Denver, CO (Jan. 28)

CONNECTICUT (CLOSING JAN. 28):
333 N Main St., West Hartford, CT

FLORIDA (CLOSING JAN. 28):
1113 S.R. 20, Interlachen, FL
1209 East Wade St., Trenton, FL
15726 SE Hwy 19 Cross City, FL

GEORGIA (CLOSING JAN. 28):
560 S. Broad St., Ellaville, GA
1041 S US Hwy 1, Alma, GA
155 West Washington Ave., Ashburn, GA
398 Barrow Ave SW, Pelham, GA
907 Marianna Hwy, Donalsonville, GA
290 Albany Ave. West, Pearson, GA
142 S. Valdosta Road, Lakeland, GA

ILLINOIS (CLOSING JAN. 17):
3636 N Broadway, Chicago, IL
225 W Chicago Ave., Chicago, IL

KANSAS (CLOSING JAN. 28):
900 East Ross Ave., Clearwater, KS
505 Housatonic St., Burlington, KS
705 N High School Ave., Columbus, KS
1105 East 15th St., Ellsworth, KS
120 West Rosewood St., Rose Hill, KS
605 Orchard Drive, Hillsboro, KS
601 N West St. STE 100, Wichita, KS
9831 E Harry St., Wichita, KS
4794 E 13th, Wichita, KS

LOUISIANA (CLOSING JAN. 28):
1445 Old Highway 13, Mamou, LA
1506 Main St., Colfax, LA
620 North Hwy 26, Lake Arthur, LA
501 West Hwy 90, Iowa, LA
9181 Hwy 67, Clinton, LA
920 Avenue G, Kentwood, LA
1495 Obrie St., Zwolle, LA
515 3rd St., Independence, LA

MARYLAND (CLOSING JAN. 17):
2701 Port Covington Drive, Baltimore, MD

MASSACHUSSETTS (SAM’S CLUB ONLY; CLOSING JAN. 28):
941 Grinnell St., Fall River, MA
1110 Fall River Ave., Seekonk, MA

MICHIGAN (CLOSING JAN. 28):
10400 Highland Rd., Hartland, MI
SAM’S CLUB:
495 Summit Drive, Waterford, MI

MISSOURI (CLOSING JAN. 28):
224 E Hwy 76, Anderson, MO
508 N Cliffside Dr., Noel, MO
33597 State Hwy 112, Seligman, MO
414 N Elm, Clever, MO

MISSISSIPPI (CLOSING JAN. 28):
410 2nd St., Belmont, MS
2795 Hwy 371 N, Mantachie, MS
420 E Lee St., Sardis, MS
28191 Hwy 15, Walnut, MS
519 W Veterans Ave., Derma, MS
7104 Will Robbins Hwy, Nettleton, MS

NORTH CAROLINA (CLOSING JAN. 28):
509 Dr. Donnie H. Jones Blvd W, Princeton, NC
511 N Mckinley St., Coats, NC
6043 US Hwy 301 S, Four Oaks, NC
112 N Main St., Broadway, NC
908 E. 4th Ave., Red Springs, NC
7670 Clinton Rd., Stedman, NC
1400 B Broad St., Oriental, NC
702 S. Wall St., Benson, NC
945 Monroe St., Carthage, NC
303 S. Goldsboro St., Pikeville, NC
632 W Swannanoa Ave., Liberty, NC
139 N Hwy 49, Richfield, NC
1593 NC Hwy 86 N, Yanceyville, NC
905 SE 2nd St., Snow Hill, NC
182 NC 102 W, Ayden, NC
189 Hickory Tree Rd., Midway, NC
1010 Martin Luther King Pkwy., Durham, NC

NEVADA (CLOSING JAN. 17):
4350 N Nellis Blvd., Las Vegas, NV

OHIO (CLOSING JAN. 28):
22209 Rockside Rd., Bedford, OH

OKLAHOMA (CLOSING JAN. 28):
124 E. Columbia St., Okemah, OK
19250 E Hwy 66, Luther, OK
2310 West Main, Prague, OK
1600 West Hwy 66, Stroud, OK
2324 Seran Drive, Wewoka, OK
812 N Clarence Nash Blvd., Watonga, OK

OREGON (CLOSING DATES VARY):
8235 SW Apple Way, Portland, OR (Jan. 17)
17711 Jean Way, Lake Oswego, OR (Jan. 28)

PUERTO RICO (AMIGO STORES ONLY. CLOSING Jan. 28):
7B Calle Munoz Rivera, Villalba, PR
Bo Salto Arriba, Utuado, PR
PR 14, Parque Industrial, Coamo, PR
1 Ave Monserrate STE 1, Carolina, PR
Carr 180 KM 0 HM 2, Salinas, PR
Centro Com Rio Grande State, Rio Grande, PR
Carr 165 KM 4.7, Toa Alta, PR

RHODE ISLAND (SAM’S CLUB ONLY; CLOSING JAN. 28):
25 Pace Blvd., Warwick, RI

SOUTH CAROLINA (CLOSING DATES VARY):
9032 Hwy 14, Gray Court, SC (Jan. 28)
7013 S Pine St., Pacolet, SC (Jan. 17)
721 US Hwy 321 BYP S Unit, Winnsboro, SC (Jan. 28)

TENNESSEE (CLOSING JAN. 28):
Nashville Hwy, Chapel Hill, TN
523 N Military St., Loretto, TN
400 North Main St., Cornersville, TN
934 Hwy 79, Dover, TN
1220 Gallatin Ave., Nashville, TN

TEXAS (CLOSING JAN. 28, except where noted):
721 Dale Evans Drive, Italy, TX
221 S State Hwy 274, Kemp, TX
504 W Pine St., Edgewood, TX
301 Hwy 69 S, Whitewright, TX
122 Commercial Ave., Anson, TX
1003 Telephone Cir., Merkel, TX
5 N 14th St., Haskell, TX
1010 N Main St., Winters, TX
501 N Main, Godley, TX
416 N Third St., Grandview, TX
420 S US 69, Leonard, TX
428 N Dallas St., Palmer, TX
440 E Pine St., Frankston, TX
1787 US Hwy 259 S, Diana, TX
1005 Texas Avenue E, Waskom, TX
870 Taylor St., Hughes Springs, TX
914 North Main St., Lone Star, TX
504 WL Doc Dodson, Naples, TX
12522 Fm 1840, Dekalb, TX
114 Redwater Boulevard West, Maud, TX
14091 FM 490, Raymondville, TX
7480 Padre Island Hwy, Brownsville, TX
8201 N FM 620, Austin, TX
7075 FM 1960 Rd W, Houston, TX
2218 Greenville Ave., Dallas (Greenville), TX
2740 Gessner Rd., Houston, TX
2201 West Southlake Blvd., Southlake, TX
1901 S. Texas Ave., Bryan, TX
4268 Legacy Drive, Frisco, TX (Jan. 17)

WEST VIRGINIA (CLOSING JAN. 28):
61 Plaza Drive, Kimball, WV

WISCONSIN (CLOSING JAN. 28):
5825 W Hope Ave., Milwaukee, WI
3850 N 124th St., Wauwatosa, WI
N88W15559 Main St., Menomonee Falls, WI
S14W22605 Coral Drive, Waukesha, WI

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by Chris Morran via Consumerist

Cheese Company With Leaky Roof, “Uncleanable Surfaces” Pleads Guilty To Selling Listeria-Tainted Food

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roosfoodsPerhaps you’d like to think that your shrink-wrapped ready-to-eat cheese was made in something resembling a science-fiction movie — stark white walls, spotless machines, a few doctor-like employees supervising the sterile process behind surgical masks. You certainly don’t imagine the conditions that got one Delaware cheese company shut down.

This morning, the Justice Department announced that Roos Foods of Kenton, DE, has pleaded guilty to violating the Food, Drug, and Cosmetic Act by introducing cheese products adulterated with the nasty bug Listeria Monocytogenes into interstate commerce.

In Feb. 2014, health officials in both Virginia and Maryland found the bacteria on Roos cheese product sold in stores. The Centers for Disease Control and Prevention and the FDA subsequently linked eight cases — including three newborns — of Listeria infection to cheese made at the Roos facility in Delaware.

An FDA inspection of the facility found that the products had been “prepared, packed, or held under insanitary conditions whereby they may have become contaminated with filth or rendered injurious to health.”

More precisely, inspectors found “widespread roof leaks… over open manufacturing equipment; rust flakes on the manufacturing equipment from corroded roof trusses and metal roofing; un-cleanable surfaces on walls, floors, and ceilings; and product residue on equipment that had purportedly been cleaned.”

In all, FDA inspectors turned up Listeria on a dozen different surfaces at Roos, including a cutting board, the bottom of the cheese press, scrub brush bristles, the floor drain in the refrigerated storage room, a utility table in the packaging room, and the broken welds on a mobile storage tank.

It’s possible the eventual contamination could have been prevented. A 2013 FDA inspection of Roos cited the company for not cleaning its clean food-contact surfaces as frequently as necessary, for failing to handle work-in-progress in a manner that protects against contamination. At the time, investigators observed condensation accumulated on areas above food contact surfaces and equipment, corroded and rusted equipment that was difficult to clean, and gaps in the ceiling in the refrigerated storage room.

And before that, in 2010, an FDA inspection of the Roos plant found standing water on production floors, condensate accumulations on areas above food contact surfaces, deteriorated surfaces on food processing equipment, and difficult-to-clean ceilings in the cheese curd production room.

The Roos facility was closed in 2014 and has not reopened. In the wake of the closure, the News Journal investigated why the state of Delaware never investigated the plant.

Turns out, Delaware does not do inspections of cheese makers in the state. However, state inspectors did do regular checks of a separate part of the Roos facility that made sour cream. Following the shuttering of the cheese operation by the FDA, the state also closed down the Roos sour cream production, even though none of that product had been linked to the Listeria illnesses.

As part of a consent decree [PDF] tied to the guilty plea, the company’s principals must give the FDA 90 days notice if they are to ever resume operations, and only then after passing an FDA inspection. They would also have to retain an independent testing lab to detect for the presence of Listeria.


by Chris Morran via Consumerist

Woman Sues Kohl’s After Receiving Thousands Of Robocalls Intended For Ex-Boyfriend

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(Mike Mozart)

Receive just one phone call meant for someone else and you might chalk it up to a simple misunderstanding. But getting thousands of prerecorded calls for your ex-boyfriend over a more than two-year period and the situation becomes annoying, aggravating, and — according to one Pennsylvania woman —  grounds for a lawsuit. 

In a complaint [PDF], filed this week in federal court, the woman accuses Kohl’s of violating the Telephone Consumer Protection Act by persistently placing robocalls to her cellphone, despite repeated explanations that she was not the intended recipient and requests to place her on the company’s do not call list.

According to the lawsuit, beginning in Nov. 2013 and continuing until Dec. 2015, Kohl’s placed phone calls to the woman’s number on a repetitive and continuous basis.

The calls, intended for the woman’s ex-boyfriend, originated from an automatic telephone dialing system and contained prerecorded messages.

When the woman answered the calls — which were sometimes received at a rate of two to three times a day — she was given two options: press one if she was the intended caller, or press two if she was not.

Despite repeatedly choosing the second option, the woman says she continued to receive calls from the Wisconsin-based retailer.

In November 2014 and January 2015, the woman says she spoke with actual Kohl’s representatives explaining that they had the wrong number, and asking them to please stop calling and place her information on the do not call list.

While the rep contacted in January 2015, acknowledged the mistake and said the woman would be placed on the do not call list, she continued to receive calls intended for her ex-boyfriend.

By filing the lawsuit, the woman seeks statutory damages of $500 per telephone call in violation of TCPA. However, the suit notes that it is possible the woman could receive up to $1,500 per call if a jury determines Kohl’s willfully or knowingly violated TCPA.

Consumerist’s request for comment from Kohl’s was not immediately returned, we’ll update this post when we hear back.

If you’re receiving unwanted robocalls on your phone, you should file a complaint with the Federal Trade Commission so that they can track and potentially put a stop to these calls.

There are also a number of ways to reduce the annoyance of robocalls. Last year, Consumer Reports readers tested various devices and services intended to prevent robocalls from getting through.

And more than 500,000 people have signed the End Robocalls petition from our colleagues at Consumers Union, calling on the country’s phone companies to finally provide customers with free and easy-to-use call-blocking options.

[via Penn Live]


by Ashlee Kieler via Consumerist

Consumer Reports Checks Fitbit Heart Rate Monitors Again

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wristcheckEarlier this month, a lawsuit from several Fitbit tracking watch owners made the news. In it, three users claimed that the heart rate monitors are inaccurate, and that customers had been misled. Yet our pulse-monitoring colleagues down the hall at Consumer Reports had just tested the same products, and didn’t notice any problems with their heart rate monitoring ability. Had they missed something? They decided to check.

The plaintiffs in the lawsuit brought in a board-certified cardiologist to help them compare, but Consumer Reports did something simpler: they used another heart-rate monitor with a chest strap, which was known to be accurate. What they found was that the devices all matched up… except for when one tester wore the less expensive Fitbit device, the Charge HR, up on her forearm instead of down closer to her wrist.

Was that the problem that the users suing the company encountered? That’s possible, and the question may be answered if the lawsuit progresses. However, we’re not sure that the class action will proceed, since the plaintiffs had all agreed to Fitbit’s terms and conditions, in which the user agrees not to sue the company, including in a class action.

The plaintiffs’ argument is that this information wasn’t disclosed on the outside of the package when they purchased their Fitbits, and they shouldn’t be held to the agreement. If the lawsuit does go forward, it will be an important victory for consumers in our ongoing fight against mandatory arbitration clauses.

Taking the Pulse of Fitbit’s Contested Heart Rate Monitors [Consumer Reports]


by Laura Northrup via Consumerist

Drug-Resistant Superbug Gene Found In At Least 19 Countries Since November

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A map showing the countries in which the MCR-1 gene has been confirmed.
You’ve likely never been prescribed the antibiotic colistin, because it’s a drug of last resort that you turn to after only other antibiotics have failed. But there’s a gene that can make bacteria resistant to colistin, and a new report says it’s been found in at least 19 countries on four continents.

The gene (MCR-1) was first noted in a Chinese researchers for a Nov. 2015 report in The Lancet.

“The emergence of MCR-1 heralds the breach of the last group of antibiotics,” concludes the report, which at the time stated the belief that the gene is “currently confined to China.”

However, the Natural Resources Defense Council notes that in the months since the Chinese study was published, scientists have found the MCR-1 gene in countries all over the globe.

Some of the positive samples predate the Lancet report, so the gene has been spreading around the world for years.

As you can see from the map above, not only has the colistin resistance gene been found in Asia, Europe, Africa, and North America, it’s been identified in everything from farm animals to retail meat products to human patients. There are also unconfirmed claims of the gene showing up in South America.

The gene can be passed from bacteria to bacteria, and while it’s primarily been found in E. coli cells, it can also carry its colistin resistance over to other pathogens.

“Bacteria can collect resistance genes and splice them together on strands of DNA that can move around between bacteria,” explains the NRDC’s Carmen Cardova. “When a bacterium acquires one of these pieces of mobile DNA with many resistance genes, it can transform bacterium from one posing little threat to a potentially lethal superbug that resists treatment by multiple antibiotics.”

Interestingly, the FDA has tested nearly 3,000 of its salmonella samples for MCR-1, but the NRDC notes that the agency has only tested 76 of its thousands of available E. coli samples. So far, none of the tests have turned up the gene.

Perhaps the absence, at least so far, of the colistin-resistant gene in the U.S. has to do with the fact that colistin is not used on domestic livestock. However, the drug is used — for non-therapeutic reasons — on farm animals elsewhere in the world.

As noted in a recent report commissioned by UK Prime Minister David Cameron, the use of antibiotics in livestock on a worldwide level is expected to grow significantly as some of the world’s largest countries — Brazil, Russia, India, China, among them — seek to meet the increased food demands of a new middle class. The use of antibiotics in farming is expected to increase by 99% in these countries over the next fifteen years.

According to the Centers for Disease Control and Prevention, drug-resistant bacteria sicken two million Americans every year, killing more than 20,000. Drugs like colistin are used to treat those illnesses when other antibiotics are rendered useless.

Some argue that newer drugs are the answer, while others contend that fancier pills is just a way to kick the can down the road and that the only way to combat superbugs in the long run is to end the non-medical overuse of antibiotics in farm animals.


by Chris Morran via Consumerist

Google Paid Apple $1 Billion In 2014 For Privilege Of Search Bar On iPhone

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(713 Avenue)
When you go to perform a Web search on an iPhone, the phone automatically chooses Google for you. Why? There are other fine search engines out there, and the iPhone could direct you to use any of them. However, the public learned from a copyright lawsuit against Google that the two companies have a revenue-sharing agreement that keeps iPhones performing Google searches, and in 2014 the revenue that Apple received was $1 billion.

The company suing Google in this case is Oracle, in a case that began back in 2010. Google is accused of using Java, software belonging to Oracle, to develop its Android operating system. Google’s sharing revenue with a frenemy tech company came up during trial last week, and Google attempted to keep this information from the public record.

Bloomberg reports that the information didn’t come from a representative of Google or Apple, but from one of Oracle’s attorneys, who learned about the arrangement from Google employees before the trial began. A number cited in court was a 34% revenue agreement–presumably this means that Apple receives 34% of the ad revenue that Google receives from iPhone users’ searches, but that wasn’t made clear in court.

Google asked the court to seal transcripts containing that information, and Apple–which isn’t actually part of this case–joined in. The judge’s ruling wasn’t announced to the public, but that transcript is no longer available on the public electronic court record.

Google Paid Apple $1 Billion to Keep Search Bar on iPhone [Bloomberg]


by Laura Northrup via Consumerist

2015 Was Another Record Year For Vehicle Recalls

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(Phil's 1stPix)

Shortly after taking over as head of the National Highway Traffic Safety Administration, Mark Rosekind warned carmakers, consumers, and anyone who would listen that 2015 could see more recalls than the recallapalooza that was 2014. Fast forward 12 months, and his prediction has become a reality. 

That means for the second year in a row automakers have recalled a record number of vehicles for a slew of safety issues.

In all, the Wall Street Journal reports, 51.26 million vehicles were recalled in 2015, just slightly more than the 50.99 million officially recalled in 2014.

The previous year’s recall was revised down from 64 million vehicles because of changes in counting vehicles affected by the ongoing Takata airbag debacle.

“Clearly, massive recalls are still a prominent part of the safety landscape,” Rosekind said at the Washington Auto Show Thursday. “Part of what’s happened is a vigilance in looking for defects and getting them addressed.”

Recalls in 2015 were punctuated by the millions of vehicles affected by the Takata airbag defect.

In May, NHTSA and Takata declared that an estimated 34 million vehicles contained defective safety devices that have been found to shoot shrapnel at drivers and passengers upon deployment.

The figure was eventually revised down to about 19 million vehicles, but regulators continue to warn that others could join the recall list.

Rosekind also linked the uptick in recalls to regulators’ increased scrutiny of vehicle manufactures, a move he says has caused carmakers to be more proactive in identifying safety issues.

The WSJ proposed that the carmakers are also likely trying to avoid hefty penalties, like those already levied against like Fiat Chrysler.

In December, Fiat Chrysler was ordered to pay a $70 million fine for allegedly failing to disclose deaths and injuries to regulators. In July, the company received a record $105 million fine for its failure to properly address 23 recalls.

Also on Thursday, Rosekind announced that regulators would launch a yearlong online-advertising campaign focused on encouraging consumers to fix their recalled vehicles.

Under the campaign, consumers are urged to use the government’s vehicle-identification-number database to spot open recalls and to prod them to quickly get repairs.

U.S. Auto Recalls Last Year Set Record at 51 Million [The Wall Street Journal]


by Ashlee Kieler via Consumerist

Labor Board Orders Walmart To Rehire 16 Employees Fired For Striking

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(Patrick)

In 2013, a group of Walmart workers chartered buses and traveled to the retailer’s Arkansas headquarters to protest what they believed were inadequate wages and unfair treatment of employees. Several people involved in that event were subsequently fired, but a federal labor court now says Walmart must rehire, and provide back pay to, 16 of these workers.

A National Labor Relations Board judge found [PDF] on Thursday that Walmart violated labor law by “disciplining or discharging several associates because they were absent from work while on strike.”

Thursday’s ruling is a response to a complaint filed on the behalf of OUR Walmart, a union-backed group of employees, that accused the retailer of firing more than a dozen employees as punishment for participating in strikes outside its headquarters during the company’s annual shareholders meeting in 2013.

Because the strike, known as the “Ride for Respect” took place in Arkansas, many of the employees traveled by bus, missing additional time at work.

Walmart argued that it was lawful to discipline the workers, who had unexcused absences, because the strikes constituted “intermittent work stoppages” not protected under the National Labor Relations Act.

However, Judge Geoffrey Carter found that the “Ride for Respect” wa sdifferent from an unprotected, intermittent work stoppage for several reasons.

For one, the absences from work could not be characterized as mere interruptions intended to create an atmosphere that is “neither strike nor work.” By making the trek to Arkansas and missing longer periods of work for this protest, the workers effectively took on the same risk as if they had gone on strike, concluded the judge.

The court also took issue with internal Walmart memos that were released in the aftermath of Black Friday 2012 protests by employees.

In those memos, the retailer made it clear to employees that it considered the earlier protests to be unprotected, intermittent work stoppages, and that it would treat any similar activity in the future as if it were not a protected protest.

The judge found that Walmart violated the law with these talking points, because “A reasonable associate confronted with that warning would understandably construe” it as “prohibiting future strikes… irrespective of whether those strikes could accurately be characterized as unprotected intermittent work stoppages or (alternatively) protected strikes or work stoppages.”

In the end, the judge ordered Walmart to offer 16 former employees their previous jobs back and make them “whole for any loss of earning and other benefits suffered as a result of the discrimination against them.”

The company must also hold a meeting in 29 stores to inform workers of their rights to organize under labor laws, and vow not to threaten or discipline employees for their participation in future protests.

Making Change at Walmart, a national campaign to change Walmart, applauded the NLRB judge’s decision, calling the order a “huge victory.”

“Today’s decision proves beyond doubt that Walmart unlawfully fired, threatened, and disciplined hard-working employees simply for speaking out,” Jess Levin, communications director for MCAW, said in a statement. “It sends a message to Walmart that its workers cannot be silenced.”

Consumerist reached out to Walmart for comment on the NLRB ruling, we’ll update this post when we hear back.

Since 2012, Walmart has become a target for employees and wage advocates that claim the company doesn’t pay workers a living wage.

Thursday’s ruling is just the latest against the retailer for alleged retaliation against workers.

In December 2014, another NLRB judge ruled that managers at Walmart stores in Richmond and Placerville, CA, acted illegally by penalizing employees for going on strike, threatening to close a store if many of its employees joined a group demanding higher wages and telling employees that co-workers returning from a one-day strike would be looking for a new job.

Before that, in January 2014, the NLRB’s general counsel charged Walmart with illegal activities with regards to disciplining 60 workers – allegedly firing 19 of them – for participating in protests and strikes in 14 states.


by Ashlee Kieler via Consumerist

Over 5,100 Flights Across Two Days Already Cancelled Due To Winter Storm

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(frankieleon)
Did you have plans to fly, er, anywhere involving the eastern half of U.S. this weekend? If you’re not already in the air, and you you didn’t already rebook with a travel waiver, now’s the time to get on that, because cancellations are rolling in.

Surprising nobody who’s been watching the increasingly dire weather forecast for the southeast, mid-Atlantic, and northeast — collectively home to several of the nation’s busiest airports — flights for today, tomorrow, and even Sunday are being cancelled by the thousands ahead of the storm.

As of 10:00 this morning, Flight Aware reports that so far 2,545 flights to, from, or inside the U.S. for today, January 22, have already been cancelled. On top of that, another 2,575 domestic Saturday have already been cancelled — a number which is almost certain to go up.

The Misery Map of live delays highlights the storm’s severity. While the severe weather is not expected to reach the metro D.C. area until lunchtime, and will not extend towards New York for hours after that, it is currently dumping snow and sleet on North Carolina — and Charlotte Douglas International Airport, a major hub for the now-merged American Airlines, is right in that misery bullseye.

flightawaremisery20160122


by Kate Cox via Consumerist

Verizon FiOS May Be Shoving ESPN Back Into Its “Skinny” Bundles

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(Alec Taback)
Not even a year after Verizon FiOS began offering so-called “skinny” pay-TV bundles that don’t include the pricey ESPN in the required core package — and in the midst of a lawsuit filed by ESPN’s parent company Disney, alleging that Verizon is violating its contract by doing so — the telecom titan is now hinting that it’s the end times for this dream world where consumers weren’t forced to pay so much for a channel they care so little about.

For those unfamiliar with the concept, the FiOS Custom TV offering starts with a core bundle of around 36 basic cable channels and then customers add on niche-targeted channel packs of around 10 stations each. The lowest tier sold by Verizon includes the core bundle and two channel packs of their choosing, so customers could get ESPN at no additional cost by using one of those two slots for the appropriate sports pack, but they don’t have to.

But it looks like that may soon change. According to Fierce Cable, during yesterday’s call with investors to discuss the company’s quarterly earnings, Verizon Chief Financial Officer Fran “Bam Pow” Shammo dropped a huge clue about the future of Custom TV.

“We’re going to refresh it so that we’re in compliance with our contractual relationships [with programmers],” said Shammo, without directly addressing the huge elephant — draped in an ESPN banner — in the room.

Disney sued Verizon in April 2015, claiming that the new FiOS offerings violated a requirement in its contract with the entertainment company that ESPN can not be placed on some sort of premium sports tier. Verizon has previously maintained that the rearranging of its pay-TV offerings is “well within our rights under our agreements.”

ESPN is cable TV’s most expensive basic channel — most people pay at least $5/month for just the network’s flagship channel; add in ESPN2 and others and you’re reportedly looking at upwards of $8/month. The network got to that point by long being the only national 24-hour sports network, but its dominance is now being challenged by competitors from Fox, NBC, CBS, not to mention the sports-targeted networks from the major pro sports leagues.

We recently asked readers if having ESPN in their cable package was worth the $5/month (at least) that they have to pay for the sports network, and fewer than 10% of you said the channel was so vital that you were willing to foot the bill for it.

Last June, a more scientific survey of American TV viewers asked them to put together their ideal a al carte pay-TV package. While ESPN was the most frequently selected of the sports networks, it was 20th overall, indicating that its importance to TV watchers has been eclipsed by the likes of Discovery, TLC, HGTV, and FX.

[via DSLreports.com]


by Chris Morran 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 week, picked for usability in a Consumerist post or for just plain neatness.

(吉姆 Jim Hofman)
(Gary Griggs)
(F. Rabelais)
(Brian Rome)
(Greg McMullen)
(John Hanley)
(Rich Renomeron)
(Carbon Arc)
(Northwest dad)
(Keoni Cabral)

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