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Friday, August 26, 2016

6 Things You Should Know About What Led Up To Takata’s Massive Airbag Disaster

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Over the past two years, 16 carmakers have recalled millions upon millions of vehicles equipped with Takata-produced, shrapnel-shooting airbags linked to 14 deaths and hundreds of injuries. Investigations have revealed the cause of the ruptures, but a new report sheds light on how the defective safety devices ended up in so many vehicles. Like many shortsighted bad decisions, it came down to money.

The story starts nearly 20 years ago when General Motors was approached by Takata about a new, cheaper-to-make airbag, The New York Times reports.

The Times’ report goes into great detail about the discussions between “old” General Motors, its long-time parts supplier Autoliv, and Takata reps. Here are 6 things you should know about the history of Takata’s now-volatile airbags.

1. Looking For Sales And Savings
Back in the late 1990s, Takata was well-known as a supplier of seatbelts for U.S.-based car manufacturers, but the small Japanese company was looking to bring its airbags to the states.

To do so, they created a version of traditional airbags that used a different chemical component, ammonium nitrate, to inflate the bags.

These airbags, the supplier said, could save carmakers a few dollars per safety device.

That was an offer General Motors found enticing.

2. Not So Fast
Armed with this new information — and price point — for airbags, GM approached longtime supplier Autoliv about making a similarly priced device with the same components, the Times reports.

Linda Rink, who was a senior scientist at Autoliv assigned to the GM account at the time, recalls being told that if the company couldn’t meet the price, it would be out a customer.

However, Autoliv’s scientists quickly became concerned with the airbag’s production.

“We just said, ‘No, we can’t do it. We’re not going to use it,’” Robert Taylor, Autoliv’s head chemist until 2010, tells the Times, noting that the way the component expanded blew the inflator to bits.

3. Sounding The Alarms
The Autoliv engineers tell the Times that their findings were relayed to GM and, it was their impression, to other automakers.

However, a current rep for Autoliv couldn’t confirm that to the Times.

“We knew that GM was getting low-cost inflators from others,” a former employee of Autoliv, who worked on the project, said. “That was a dangerous path.”

4. Recruiting Others
After GM adopted the Takata airbags for some vehicles, other automakers followed, including Chrysler, Ford, Honda, Mazda, Mitsubishi, and Toyota.

A spokesperson for Honda tells the Times that “there was no industry understanding” at the time they began using the inflators in the U.S. that ammonium nitrate as a propellant was risky.

5. Other Studies
Still, the Times reports that Autoliv continued to worry about the use of such a volatile component, and it wasn’t alone.

A 2003 presentation by TRW, another supplier that used ammonium nitrate in airbags for a time, outlined in an expert presentation the well-known issues with the chemical’s use in airbags, including the ability to deploy with a “explosive response.”

6. A Lack Of Oversight
Despite the reports and presentations, Takata was able to find suppliers for its airbag components — although that did prove difficult at times.

The Times suggests that the airbags continued to be made, in part, because of a lack of self-regulation.

According to the Times, safety regulators don’t have much say in airbag design and performance specifications, as they are typically set by a consortium of automakers.

Tacit maintains that specifications set by automakers did not include anticipation of problems with the airbags when exposed to heat or humidity — two factors that have been determined to make the airbags more volatile.

Joan Claybrook, a former administrator at the National Highway Traffic Safety Administration, tells the Times that while NHTSA should have been more involved, the system wasn’t designed that way.

“Automakers play a big role,” she said. “They’re expected to be involved with their suppliers in a very detailed way.”

Still, some former employees for Takata say that involvement wasn’t prevalent at times, noting that some engineers manipulated tests to show automakers.

A Cheaper Airbag, and Takata’s Road to a Deadly Crisis [The New York Times]


by Ashlee Kieler via Consumerist

Pediatricians Call On Mylan To Make EpiPens More Affordable

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Following reports on the skyrocketing cost of the EpiPen emergency allergy treatment, drugmaker Mylan has been heavily criticized for putting profit over patients. Even the recent expansion of its savings card program has been slammed as being more beneficial to Mylan than it is for consumers. Now, the nation’s largest group of pediatricians are calling on the company to rethink its pricing of the drug.

Benard Dreyer, MD, President of the American Academy of Pediatrics, says the organization has become “gravely concerned” in recent years as the price for the epinephrine auto-injector has risen by as much as 600%, leaving some people unable to obtain the emergency medication or buy it illegally from places like eBay.

“In some parts of the country, prices for a dual pack of epinephrine auto-injectors exceed $500. Even with insurance, some patients pay co-pays as high as $200 per dual pack,” notes Dreyer, whose organization represents more than 60,000 physicians. “Moreover, because of the current expiration date, products must be replaced every year. Every child’s safety is of equal importance, and no parent should have to worry about how to pay for access to life-saving allergy medication for their child.”

The cost burden increases significantly for parents with multiple children who face allergies. Having a single EpiPen probably won’t do if both of your peanut-allergic kids unwittingly eat from the same batch of nut-containing brownies.

“Some families are splitting the doses because of the financial burden, placing children at risk,” writes Dreyer, calling for urgent solutions to the problem.

“Now is the time for all interested stakeholders–families, doctors, manufacturers, distributors, payers and government agencies like the Food and Drug Administration–to act quickly to alleviate the financial hardships faced by families.”

Our colleagues at Consumer Reports recently recommended that people who might need EpiPens look into the less-expensive generic alternative Adrenaclick.

CR also recently explained that in order to get Adrenaclick, you’d likely need your doctor to not specify “EpiPen” on your prescription, but instead something like “epinephrine auto-injector” or “generic Adrenaclick.”

Because this lower-cost generic may be in short supply, you should call around to your local pharmacies to check on the price and availability. Some pharmacies that do have it in stock have been charging the same high price they charge for EpiPens, but there are also coupons that can bring the price down, reports CR.

If you have time to wait because you already have an EpiPen in case of emergency, you can ask your pharmacist to order Adrenaclick for you.


by Chris Morran via Consumerist

City-Owned Airport Can’t Reject Ads Just Because They Aren’t Selling A Product

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If a city-owned facility is going to sell advertising space to bring in revenue, to what extent can the city restrict the content of those ads before crossing the line into government-ordered censorship? This week, a federal appeals court confirmed that when a city enacts a wholesale ban on certain types of ads, it’s gone too far.

The Third Circuit Court of Appeals has chimed in on a long-running legal dispute between the city of Philadelphia and the NAACP over a ban on non-commercial advertising at Philadelphia International Airport.

The case actually predates that official ban, going back to 2011 when the NAACP submitted an ad for display at the airport. At the time, the city had no policy in place specifically limiting the types of ads it would accept but nonetheless rejected the ad, claiming an informal policy of only accepting advertising for commercial goods, products, and services.

The NAACP filed a suit over this rejection, while the city formalized this policy in 2012, declaring that ads that do not “propose a commercial transaction” would not be approved, nor would advertising for alcohol or tobacco, sexually oriented businesses, or political campaigns.

The reasoning behind the restrictions on issues-based ads was that, even if the advertiser paid the full rate for their ad, it could ultimately hurt the airport’s ad revenues if other advertisers don’t want their brands posted near these ads.

Even though the city eventually made an exception that allowed the NAACP ads to run, the 2011 lawsuit was amended to challenge the legality of the city’s ban on non-commercial advertising.

In depositions for the case, an airport executive in charge of business development admitted that refusing non-commercial ads could actually hurt the business by having to turn away paying advertisers. He could not come up with any concrete reasons for why the airport should reject these ads outright other than attempt by management to “keep everything positive, everything non-controversial, and just create an environment that is soothing and pleasing.”

The appeals court notes that while the Philly airport is a publicly owned and operated space, it’s not the traditional “public forum” where free speech is afforded the highest level of protection. Rather, the airport is a “limited” public forum, giving the city more control over the types of expression.

However, the appeals court concluded that that because the “ban on non-commercial content is unreasonable… it is unconstitutional no matter what we label the forum.”

Between the testimony of the airport exec — who was trying to defend the policy — and the fact that the city could not demonstrate that the ban helped the airport maximize revenue or avoid controversy, the appeals court questioned the city’s “Alice-in-Wonderland argument” that would have the judges ignore what’s on the record in favor of a baseless “common sense” claim.

“The ability to use common sense is not a license to close our eyes and suspend disbelief,” reads the ruling [PDF]. “In other words, we cannot conclude that the ban serves a purpose that the City’s own representative has already disclaimed.”

The NAACP had questioned the city’s controversy-avoidance argument, pointing out that while the airport might not have ads that deal with controversial issues, the building is full of TV screens showing live cable news feeds dealing with incredibly controversial issues, and showing ads related to some of those same topics.

The Third Circuit agreed, calling the city’s objective “nebulous and not susceptible to objective verification.”

“Although we have no reason to doubt that the City does try to maintain a ‘soothing and pleasing’ environment in the Airport, that broader effort apparently does not involve shielding travelers from non-commercial content on the ground that it might offend them,” concluded the court. “Instead, the Airport exposes them to an onslaught of non-commercial content outside of its advertising space without any suggestion that doing so is inconsistent with the environment it seeks to foster.”

The appeals court ruling upholds the lower court’s injunction preventing the city from enforcing the advertising rule as written.

[via WSJ Law Blog]


by Chris Morran via Consumerist

Proposed European Law Change Could Make Google Pay Publishers For Your News Results

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Regulators in Europe are proposing a big update to copyright law in the region that, if adopted, would likely to lead to major changes in the way your news aggregators, well, aggregate.

There’s an absolutely bonkers amount of news out there in the great wide world on any given day, so millions of us use some kind of aggregator or search tool to wade our way through it. And when you search for a story, or browse a category of news, you often get a little snipped of the article in question to go along with its headline and header image. For example, browsing Google News leads to results like this:

Screen Shot 2016-08-26 at 2.25.12 PM

But those excerpts, the European Commission says, are copyrighted information. And, as the Wall Street Journal reports, that’s where this all gets complicated.

The EU’s copyright proposal would mandate that member nations all permit news publishers to claim compensation from internet companies for those snippets. So for example, if you’re in Italy, Google for some news, and get an excerpt from la Repubblica on your screen, the paper could demand payment from Google for the sentence you read.

Think about how many news outlets there are out there. Now think about how many million internet users are in the EU, searching for news every day. Put those together, and you can see why companies like Google would not be happy.

Individual EU nations have enacted similar measures in the past. A few years back, Spain passed a law requiring Google to pay publishers for displaying any portion of their work. The result? Google News is no longer available in Spain.

A similar law in Germany led to standoffs between media companies and the search engine giant when Google refused to pay anyone, publishers stopped being listed, and traffic to their sites plummeted.

The European Commission’s proposal is a little different form the Spanish law, because news publishers would be able to negotiate different kinds of arrangements with web services, the WSJ says. But in reality, that’s unlikely to do anyone any good: Google has enough leverage, bluntly, to refuse any terms other than “free or we don’t list you.”

The Commission is expected to make the formal proposal to amend the EU’s copyright rules in late September.

Internet Companies May Have to Pay Publishers for News Under New EU Rules [Wall Street Journal]


by Kate Cox via Consumerist

Guy Accused Of Stealing $1K Worth Of $2K Mannequin From Adult Novelty Shop

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While we’ve seen our fair share of break-ins and burglaries, this one might take the cake for specificity: a pricey mannequin was rendered legless in Ohio recently, after a guy allegedly broke into an adult novelty shop and boosted the top half of the $2,000 figure.

It’s not confirmed that the stolen torso is worth exactly half of the overall price, but it went missing all the same, reports The Smoking Gun, along with a $46.99 blonde wig for the suspect’s new friend, and an assortment of sex toys and lubricant. The total value of the stolen goods came to about $,2650, the owner of the shop said.

Surveillance footage shows the suspect leaving with several items, before trying to come back through the front door, which had locked behind him. According to investigators, he made his way back inside “through the roof and ceiling over the cash register.” He then stripped a mannequin named “Eva,” grabbed her top half, slapped the wig on her head, and walked out the door.

Police were able to identify the suspect using the video, and arrested him on a charge of breaking and entering. Eva was unavailable for comment.

Cops: Man Broke Into Adult Novelty Shop, Made Off With Sex Toys, Top Half Of $2000 Mannequin [The Smoking Gun]


by Mary Beth Quirk via Consumerist

NYC Indoor Market Is Not Simply A Food Hall — It’s A “Lifestyle Experience”

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When it’s time for lunch, do you often find yourself thinking, “I’m hungry for a lifestyle experience today”? If so, well, New York has something going on you might like.

As pointed out by Gothamist, food halls have been popping up all over the city: there’s one near Grand Central, another near Penn Station, 14th Street, and now, a new indoor market set to open this fall on Canal Street in Chinatown.

But this is not just a place to find sandwiches and wraps on your lunch break: it’s a 12,000 square-foot “lifestyle experience” with 11-plus food, beverage, and retail vendors offering things like ice cream, bubble tea,a common seating area, and indoor garden, and a “curated” hybrid newsstand and coffee shop. What, no “salad experience”?

In addition to all that, the real estate developer behind the project is promising 27 “artist and brand booths.” Sounds like there might be room for one of Pepsi’s artisanal cocktail spaces.


by Mary Beth Quirk via Consumerist

Have You Paid Attention This Week? Take The Consumerist Quiz To Find Out

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Maybe the rest of the world thinks you’re smart — always coming to you for help setting the clock on their VCR or for recommendations on which wine cooler they should pair with their rice cakes — but inside you harbor doubts. “I can’t possibly know everything” you tell yourself while helpfully directing a stranger toward the nearest Fashion Cafe. “If only there was a way for me to think back over the past few days to see if I do indeed have perfect recall — wait, am I not wearing shoes??

Putting aside your shoe-less feet for the moment (we’re all friends here; no shame in showing those toes), it’s time once again for the Consumerist Quiz, where we ask you questions about stories featured on the site since you strolled into work early on Monday.

Last week, most of you were in dire need of a refresher course, with a median score of 60%. Good thing we don’t make you get your report card signed by your parents — though we guess at least some of you would try to Photoshop that “60” into an “80”. Ungrateful punks.

Enough jabber. This is time on Funsumerist where we quiz!


by Chris Morran via Consumerist

Twitter Might Let You Use Keyword Filters To Curb Online Harassment

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For the last three years, Twitter has worked to improve the safety of users by creating and adapting its blocking policy and tools. Now, the social network is reportedly looking to create a tool that would allow users to search for certain words they find offensive and block those messages.

Bloomberg, citing sources familiar with the matter, reports that Twitter has been discussing ways it can more effectively assist users in blocking harassing and offensive Tweets, including the use of a keyword search function.

The tool, which has been in the works for more than a year, would allow users to set filters for events, conversation topics, or individual words they don’t want to see in their feeds.

The feature will be an individual moderator of sorts: Twitter won’t be preventing anyone from sending messages that contain offensive content, rather it simply blocks users who don’t want to see them from seeing them.

Filtering of the Tweets would be in addition to Twitter’s other tools, such as “Mute,” which allows users to avoid seeing tweets from specific accounts.

A rep for Twitter declined to comment on the possible tool, Bloomberg reports.

Twitter Said to Work on Anti-Harassment Keyword Filtering Tool [Bloomberg]


by Ashlee Kieler via Consumerist

Most Floridians Totally Cool With Using Genetically Modified Mosquitoes To Fight Zika

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Although a plan to use genetically modified mosquitoes in Florida to fight the spread of Zika is on hold for now, a new survey says that most residents approve such a tactic.

A full 40% of Floridians said they “strongly favor” the release of the mosquitoes, and 20% “somewhat favor” it, according to a recent Annenberg Science Knowledge survey from the folks at the Annenberg Public Policy Center. Floridians are also more likely to approve of the modified skeeters than those in other states, at 60% compared to 50%.

In addition, Floridians are more likely than other U.S. adults to say that scientists have established that GM mosquitoes could minimize the spread of Zika, at 35% versus 27%, and twice as likely nationally — 40% to 20% — to say they’ve done something in the past three months to protect themselves from Zika.

It’s unsurprising that residents of The Sunshine State know their stuff, as Zika has been dominating headlines in the state since July, when Florida became the first state in the continental U.S. to report locally transmitted cases of the virus. As of Aug. 25, there have been 43 non-travel cases of the virus reported by the Florida Department of Health, and 534-travel reported cases.

The genetically modified male mosquitoes are intended to mate with wild females of the Aedes aegypti variety, which is the kind that is likely to transmit the virus. Their offspring die before reaching adulthood, thus, removing their potential to carry Zika. The Food and Drug Administration approved a field trial of the insects in the Florida Keys, but put those plans on delay after locals voiced concerns. Residents will vote on the matter in a Nov. 8 referendum.

With a total of 2,517 U.S. cases of Zika as of Aug. 24, the FDA has issued a notice to all blood banks and donation centers in the country, recommending that they screen all donations for the Zika virus.

“There is still much uncertainty regarding the nature and extent of Zika virus transmission,” said Peter Marks, M.D., Ph.D., director of the FDA’s Center for Biologics Evaluation and Research. “At this time, the recommendation for testing the entire blood supply will help ensure that safe blood is available for all individuals who might need transfusion.”

This new announcement marks a pretty big expansion from an earlier advisory from the agency that had suggested such screening only in areas with active Zika virus transmission.


by Mary Beth Quirk via Consumerist

Mazda Recalls 190K SUVs Over Loss Of Steering

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Being able to steer your vehicle in the direction that you want it to go is paramount to, you know, driving. So when that doesn’t work properly, it’s time for a recall. That’s why Mazda is calling back more than 190,000 SUVs to replace potentially defective parts.

The carmaker plans to recall 190,102 model year 2007 to 2012 Mazda CX-7 vehicles after finding they may contain an issue that causes a loss of steering control.

According to a notice [PDF] posted with the National Highway Traffic Safety Administration, water may enter the vehicles’ front suspension ball joint fittings.

If the water entering the vehicle joint contains salt — such as from driving over snowy, treated roads — the ball joint may corrode and separate from the lower control arm, resulting in a loss of steering control.

Mazda says it will notify owners and dealers will replace both the front lower control arms when parts are available.

As a priority, Mazda will first address all affected 2007-2008 vehicles as well as 2009-2011 vehicles currently registered in Connecticut, Delaware, Illinois, Indiana, Iowa, Kentucky, Maine, Maryland, Massachusetts, Michigan, Minnesota, Missouri, New Hampshire, New Jersey, New York, Ohio, Pennsylvania, Rhode Island, Vermont, Virginia. West Virginia, Wisconsin, and the District of Columbia.

All remaining vehicle will be recalled when parts are available.


by Ashlee Kieler via Consumerist

Apple Patents Tech To Record & Scan Fingerprints Of Suspected iPhone Thieves

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For the past two years, some smartphone manufacturers have been adding so-called “kill switches” software to phones that allow them to be turned off remotely if they fall into the wrong hands. Now, Apple is taking things a bit further, by patenting a new system that will take photos, record video, and capture fingerprints of ne’er-do-wells who snatch iPhones. 

The patent, called biometric capture for unauthorized user identification, uses the iPhone and iPad Touch ID module, camera, and other sensors to store an unauthorized users’ information to assist in device recovery.

According to the patent, the security measure would be activated when an unauthorized user makes a certain number of attempts to access a phone or when the owner activates the software after the device has been taken.

The device would then capture biometric information, such as one or more fingerprints, one or more images of a current user, video of the current user, audio of the environment of the computing device, as well as “forensic interface use information.”

All of this information will be stored either locally on the device or sent to a remote server for further evaluation.

“The computing device may then provide the stored biometric information for identification of one or more unauthorized users.” the patent states.

This, the company says, could assist in the recovery of the device or bringing charges against a thief.

Of course, this is just Apple filing a patent, it doesn’t mean the software will ever actually appear on devices.

[via Apple Insider]


by Ashlee Kieler via Consumerist

McDonald’s Customers Have Been Finding Some Pretty Gross Stuff In Their Food

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First of all: if you’re getting ready to eat lunch, be warned that we are about to discuss some gross stuff happening to food. Got it? Great. Now that you’ve girded your stomachs, it’s our distinct displeasure to call attention to crawly things that McDonald’s customers have reported finding in their food.

Guess I’ll Go Eat Some Worms…

Customers of two McDonald’s 25 miles away few each other in Kentucky reported finding worms in their burgers, WPSD Local 6 reports. One customer says a worm fell out of her burger as she went to take a bit from it, and wriggled over to her son’s food.

“If I hadn’t seen that worm, my son would have eaten that, because it was already on top of his sandwich,” she told the station. “That’s how close he came to eating it.”

She called and complained, and said McDonald’s sent her a $10 gift card in the mail — which isn’t enough for her, as she says she wants the health department to inspect the restaurant. After the station reached out to McDonald’s to find out why all these worms are showing up, the company sent a statement that doesn’t say much:

“We are currently investigating this matter. Food quality and safety are a top priority for us. We will continue to take all appropriate measures to gather all facts and resolve the matter.”

Meanwhile, in Indiana, a woman said she was taking a sip of her Diet Coke from McDonald’s on Wednesday, when she felt something she shouldn’t have.

“I took a big swig. My brain couldn’t identify what was in my mouth,” she told FOX-59.

That thing was a worm… and she sucked it up through the straw, before immediately spitting it out, she says. She posted photos to Facebook and then went back to McDonald’s, where she poke to the store owner. He said he couldn’t do much other than offer a refund, or “free Diet Coke for life,” he joked.

She told the news station that she feels like her concerns weren’t taken seriously, though the owner took a photo of the worm and said he’d send it to corporate for testing.

A Snail Tale

There may be a snail missing its house in Virginia, after a customer reported finding a snail shell sitting in the bottom of her iced tea cup, reports CBS 19.

“I’m not certain what it was,” she said, noting that she was “horrified.” “But I actually picked it up, and I was a little shocked to see that it was at the bottom of the tea that I just drank the entire cup.”

The local health department is investigating, and McDonald’s is aware of the incident, though the company didn’t provide a comment to the news outlet.

A health inspection dated July 19 found five violations, with inspectors noting that McDonald’s has been having a critical issue with pest control. In a strange twist of gross, wormy fate, in 2014, another customer reported finding a worm in their iced tea at the same location.

Worms found in burgers at two local McDonald’s restaurants [WPSD.com]
Noblesville woman takes sip of McDonald’s Diet Coke, finds worm: ‘I could not believe my eyes’ [FOX-59]
Woman claims to find snail shell in McDonald’s iced tea [CBS 19]


by Mary Beth Quirk via Consumerist

Dunkin’ Donuts Decides To Keep Cold Brew Coffee Around Until The End Of The Year

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Now that Dunkin’ Donuts has given this whole cold brew coffee thing a try, it’s realizing that the cool kids might just be onto something: the drink has proved successful enough that the chain is going to keep it on the menu for a bit longer than planned.

The chain launched the drink nationwide this month, and sales have been “very strong,” marketing executive Chris Fuqua told Bloomberg. So strong that Dunkin’ will now continue the product and its ad campaign through the end of the year, instead of winding down in September.

“The early numbers on the launch are very strong,” Fuqua told Bloomberg, without providing specific numbers. “I have a hard time believing cold brew is going to go away anytime soon.”

Cold brew has been bringing in younger customers, Fuqua said, which is a good thing for the chain’s lagging same-store sales. To that end, he says there will probably be some variations on the drink coming down the pipeline.

“I see us doing flavors and doing other ways of making coffee,” he said.

Dunkin’ Plans to Ramp Up Cold Brew After ‘Very Strong’ Star [Bloomberg]


by Mary Beth Quirk via Consumerist

Mega-Beer Merger Could Cost SABMiller, Anheuser-Busch Employees Thousands Of Jobs

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It’s not just brands of beer that Anheuser-Busch InBev and SABMiller have had to discard in order to make their $107 billion merger dreams a reality: it could also cost thousands of people their jobs. 

AB InBev warned Friday that the ongoing beer merger will likely lead to thousands of job cuts in coming years, the Wall Street Journal reports, citing newly filed merger documents [PDF].

In all, the company expects to cut about 3% of its soon-to-be-combined total workforce — with one source estimating that means about 5,500 positions — once the two beverage behemoths combine.

However, AB InBev says that the cuts will be “implemented gradually, in phases, over a three-year period following” the completion of the merger.

AB InBev currently employs about 150,000 people, while SABMiller’s workforce is composed of some 70,000 employees.

The company notes that it will maintain AB InBev’s Leuven, Belgium headquarters and its Global Functional Management Office in New York. That means some cuts are likely to be seen at SABMiller’s Woking, England headquarters.

Additionally, an SABMiller office in London will close within 12 months of the completed merger, while other offices in Miami, Hong Kong, and Beijing will be relocated.

“AB InBev will work to mitigate the impact of this by making alternative roles available in integration and business continuity teams that will remain at the SABMiller” headquarters “with some of these roles being filled by current AB InBev employees,” the company said in the filing.

AB InBev Warns of Thousands of Merger-Related Job Losses [The Wall Street Journal]


by Ashlee Kieler via Consumerist

Facebook’s New High School App Does Not Actually Care If You Are In High School Or Have Privacy

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Facebook isn’t just Facebook. The company is massive, and has a whole suite of other apps and businesses it launches (or acquires) from time to time. The latest is kind of a pared down social network aimed at busy teens on the go — but that comes along with massive, glaring privacy flaws that could leave kids at risk.

As Quartz reports, the new app, Lifestage, launched last week. It’s kind of like a Yik Yak / Snapchat hybrid, and it lets teens connect to their school to share videos, likes, dislikes, and reactions.

There’s no direct messaging, and it’s not really a photo platform, so it neither supplants nor competes with Facebook’s other massive platforms (Facebook, Messenger, Instagram, etc.). It’s just sort of an… online high school.

But it apparently doesn’t actually do any screening or verification of who signs up. “The authors of this post,” the authors write, “are 24 and 29 years old respectively, which some would say is too old to be in high school.” And yet neither one of them had any problem pretending to be 17 and signing up for Lifestage as students at Brooklyn Technical High school and Manhattan Business Academy. Other decidedly non-teenage colleagues of theirs were also able to pretend to be high schoolers and sign up for the app.

That’s because all it needs is your phone number, unlike early Facebook which required you to have a very specific e-mail address (first, one from a certain set of schools; later, any one ending in .edu) in order to register.

And unlike Facebook, which lets users set up various levels of privacy settings and non-public profiles, Lifestage is all-public all the time. Anyone on the network — not just at your high school, but at any high school — can see it. And it encourages users to link their other social profiles, like Instagram and Snapchat, to their Lifestage login.

The app does warn users that public means public, displaying the text, “Everything posted is public. Audience cannot be limited in any way. We can’t promise that anyone in a school actually goes to that school” during the sign-up process, Quartz says. But teens may be likely either to flick through that warning and back away, or not quite processing the full import of it.

When Quartz asked Facebook why on earth it thought this was a good idea, a representative for Facebook said, “We are releasing Lifestage to a limited number of high schools. Lifestage will not provide access to content from other people for users who list an age above 21. We encourage anyone using the app who experiences or witnesses any concerning activity to report it to us through the reporting options built into the app.”

They also added, “We take these reports seriously. Unlike other places on the web, Lifestage is tied to a person’s phone number and only one account is allowed per phone number – this provides an additional level of protection and enforcement.”

Of course, plenty of other social places on the web — including, these days, Facebook — can be tied to a phone number as well. And a number, without any further verification, is just that: a number.

Since there is no mechanism by which to verify a user’s age if that user says, “Uhh, sure, I’m, uh, totally under 21,” and no mechanism to keep content private, any creeper who wants to keep an eye on a certain high school kid, or all the high school kids, very easily can.

Of course, all that depends on actual real human kids actually wanting to use the service to begin with. And whether they do or not, when they still have Snapchat, remains to be seen.

Facebook’s newest app makes it shockingly easy to stalk high schoolers [Quartz]


by Kate Cox via Consumerist

This Cake Featuring A Ken Doll Wearing A Ruffled Pink Dress Is Selling Like Crazy

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Perhaps you’ve seen cakes with a doll wearing a gorgeous, puffy gown made of frosting before, but one Sacramento bakery’s twist on that familiar creation — using a Ken doll instead of Barbie — has prompted an avalanche of orders.

At first, a photo of Freeport Bakery’s Ken Doll cake on Facebook was met with some harsh comments on Facebook from people who didn’t like seeing Ken in a ruffled pink dress, tiara, and jewelry, CBS Sacramento reports, but now the bakery is receiving a flood of support for the pink concoction. Orders have been coming in from all over the world.

“We’ve got more coming just for this weekend, it seems like just in the last two or three hours, we’ve actually got more orders,” the head decorator told CBS.

Haters are still gonna hate, but the bakery’s owner says the good feedback is now drowning out the bad.

“For every negative comment, or email, or text message I get, there are at least 30-45 comments saying we support you from as far as New Zealand and from Canada,” she says.

Once customer who was picking up his cake doesn’t see what the big deal is. He said he didn’t want anyone attacking his local bakery, so he placed an order for the Ken creation.

“I don’t know what the controversy is, it’s a cake! I think it’s the perfect expression of our American values,” he told the station.

Ken Doll Cake Orders Flooding Freeport Bakery After Photo Goes Viral [CBS Sacramento]


by Mary Beth Quirk via Consumerist

Dropbox Asking Some Users To Change Passwords

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Are you a longtime user of Dropbox? Then you might be asked to change your password. Was the online storage service hacked? No… at least not recently. Instead, Dropbox says some login credential may have been compromised nearly four years ago

The company announced in a blog post Thursday that users who signed up for Dropbox prior to mid-2012 and haven’t changed their password since are being asked to update their login info.

Users will be prompted to make the change the next time they attempt to sign into their accounts.

“We’re doing this purely as a preventive measure, and there is no indication that your account has been improperly accessed. We’re sorry for the inconvenience,” the company says.

Dropbox says the action was initiated after security teams learned about an old set of Dropbox user credentials obtained in 2012 incident previously disclosed by the company.

At that time, Dropbox said an internal investigation found that usernames and passwords recently stolen from other websites were used to sign in to a small number of Dropbox accounts. The site contacted these users and helped them protect their accounts.

“We have dedicated security teams that work to protect our services and monitor for compromises, abuse, and suspicious activity,” the company says.


by Ashlee Kieler via Consumerist

Chipotle Is Now Testing Burritos At Its Asian-Inspired ShopHouse Chain

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Chipotle is pulling quite a fast food ouroboros with its latest efforts: even though it’s already serving up burritos in its Mexican-themed food business, the company is testing out how burritos might do at its Asian-inspired chain as well.

The company confirmed that it’s testing the menu item at four of its ShopHouse Southeast Asian Kitchen locations, Nation’s Restaurant News reported.

So why is Chipotle inserting its burritos where many would say they don’t belong? It’s what customers want, Chipotle says.

“They’d bring in tortillas (some from nearby Chipotles) and ask if we could wrap the ShopHouse ingredients burrito-style,” spokesman Chris Arnold explained to Eater. “Our ShopHouse team taste-tested that hack and really liked it, so they decided to give it a try.”

That being said, these new rollups aren’t quite burritos, but instead will be dubbed “wraps.” They’ll be showing up at Chipotle’s Dupont Circle restaurant in Washington DC, two restaurants in Chicago, and one more in West Hollywood.

They’ve been around for a few weeks already, as some customers have noted:


by Mary Beth Quirk via Consumerist

Thursday, August 25, 2016

Congress Looking At New, “Simplified” Way For States To Collect Online Sales Tax

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With billions of state and local tax dollars going un-collected each year because a number of online retailers either aren’t required to collect the taxes or are shirking their responsibilities, a proposal circulating around Congress takes a new “simplified” (but really kind of complex) approach to get more e-tailers collecting sales tax.

Before we get into the specifics of this legislations, let’s get this out of the way right here: If your state has a sales tax on an item, it doesn’t matter whether you purchase that product from the corner store or from a website based in Fiji, you are supposed to pay that tax. We’ve just become so used to the stores collecting it that when an online retailer doesn’t, we often treat it like tax-free shopping.

The current precedent that guides the online retail tax issue goes back to the 1992 Supreme Court ruling in Quill v. North Dakota. That case set the standard that remote sellers (online businesses, mail-order companies) must have a physical presence in a particular state in order for the state to compel the collection of sales tax.

When Amazon began opening up more warehouses around the country, states threatened legal action, claiming that these constituted places of business under the Quill standard. Likewise, some states argued that Amazon’s marketplace business, wherein third parties sell their wares through the website, also satisfied the physical connection requirement. Amazon now collects taxes in a number of states, but not everywhere and no federal law exists to give states the authority to mandate the collection of sales tax.

Several attempts have been made to give states the authority to require that online retailers collect appropriate taxes from shoppers. The closest one has come to reality was a bill passed by the Senate in 2013; it’s been collecting dust in the House ever since.

So What Now?

While no new bill has been introduced at this time, Rep. Bob Goodlatte of Virginia — Chair of the House Judiciary Committee — has been circulating a draft of what’s dubbed the “Online Sales Simplification Act.”

It completely does away with the existing Quill framework of requiring a physical presence to compel the collection of taxes.

Instead, it sets up a system whereby the retailer’s “origin state” (i.e., the state in which it has the biggest presence) collects the tax, but at a rate set by the state where the customer resides. The tax is then paid out to the customer’s state through a new “tax clearinghouse.” Only states that elect to be part of this clearinghouse could participate.

Clearinghouse states would each establish their own state-wide rate for remote purchases. That removes some of the burden for companies who complained about having to know the applicable taxes and rates for each municipality.

According to those familiar with the legislation, one of the reasons for the creation of the clearinghouse model is to work around some of the constitutional concerns of other efforts to compel sales tax collection.

For example, a recently passed Alabama regulation disregards the Quill physical location standard and instead taxes remote retailers based on revenue or sales volume. That regulation is currently being challenged by online tech retailer NewEgg. A similar tax law in South Dakota is being challenged by online and mail-order industry trade groups.

Opponents of those two states’ new rules argue that allowing a state to collect taxes on a business located in another state is a violation of the Commerce Clause.

The draft being circulated by Goodlatte attempts to avoid that concern by having the company’s home state collecting the taxes. As one Congressional aide put it, “No Regulation without Representation.”

The current draft is filled with bracketed sections where legislators hope to resolve issues involving things like taxes on clothing and how to address the handful of states that don’t collect sales tax.

Retail industry groups, which have long pushed for the currently stalled bill that would simply allow states to compel the collection of taxes on remote sales, seem cautiously not-pessimistic about the discussion draft.

“Retailers are pleased that the process is advancing and we look forward to an open debate in the House aimed at ensuring that all retailers can compete on a level playing field,” said Joe Rinzel, senior vice president for government affairs at the Retail Industry Leaders Association. “While retailers welcome today’s action by the Chairman to move the process forward, we will continue to press for changes that achieve true parity at the point of sale.”

Similarly, David French, Sr. VP for Government Relations at the National Retail Federation, says he hopes the release of the draft “will bring the attention needed to get Congress to move forward in treating purchases made online the same as those made in local stores when it comes to sales tax collection.”

With so little time left for Congress to consider new legislation (and so many people on Capitol Hill focused on the November elections), the question is whether this bill will see the light of day this year, or if this can will be kicked down the road for the next legislative session.

[h/t WSJ]


by Chris Morran via Consumerist

I’m An ITT Student, What Are My Options Now?

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Now that the Department of Education has barred ITT Technical Institutes from enrolling new students who receive federal financial aid, the future is decidedly not bright for the for-profit college chain. With a potential shutdown looming, what are the options available to current ITT students?

Unlike last year’s sudden collapse of Corinthian Colleges Inc. — operator of Everest University, Heald College, and Wyotech — we know a bit more about students’ options when it comes to their future at ITT and what would happen if the schools close.

The DOE today released a guide of sorts for students currently enrolled at the for-profit educator, providing some needed information.

Will schools close? We’re not sure, and neither is the DOE. However, it is possible that history will repeat itself.

If you’ll remember, Corinthian Colleges began faltering after the DOE cut off its federal student aid in July 2014. The school and the DOE entered into an agreement to sell or close a majority of its campuses. Prior to the agreement CCI enrolled 72,000 students and received $1.4 billion in federal student aid.

The issues with ITT are a little different. For one, the Department has barred the school from enrolling new students; that wasn’t the case for CCI.

Additionally, ITT Tech is now required to increase its surety to $247 million, or 40% of all Title IV aid the school received in 2015. Surety funds are held by in a Federal Holding Account and are used to reimburse the DOE for liabilities related to the investigations, including student refunds, student loan cancellations and other expenses if ITT closes campuses.

Current ITT students with federal loans have some options:
• You can continue your courses at ITT with your federal student aid. There’s no immediate change to your program.

• You can transfer your credits to a new school (if that school accepts them) and complete your education.

• You can pause your education and wait to see how this matter resolves itself in the coming months. If ITT closes before you finish your program and you don’t transfer your credits, you will likely be eligible to discharge your federal loans.

For students close to graduating, the DOE says they should be able to finish their degrees undisturbed as long the schools don’t close.

If that does happen, ITT is required to provide teach-out options. As part of Thursday’s action, ITT must develop teach-out agreements with other colleges that provide students with opportunities to complete their studies.

Teach-out agreements are developed in the event an institution, or an institutional location, ceases operations before all enrolled students have completed their program of study.

Students who are concerned about their future with ITT are welcome to look at other schools where the can transfer credits, the DOE reports.

The DOE urges the student to consider these factors when looking to transfer:
• Whether your credits transfer will be up to the new school. It’s likely to vary based on the type of program and school you’re considering.

• If you transfer your credits, you may not be eligible to have some or all of your federal loans discharged if ITT ultimately closes.

• Before you transfer, ask yourself: Is the type of program I’ve started still the right one for me? Will finishing it open up the career opportunities I want? You may want to check out our College Scorecard as you think about the answers to those questions.


by Ashlee Kieler via Consumerist

Amazon Wants To Show You Cars Online, But Won’t Actually Sell One To You

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In yet another effort to strengthen its grip on e-commerce and infiltrate shoppers’ lives even more deeply, Amazon.com has just launched a new online car-browsing tool.

You won’t actually be able to buy a car from Amazon Vehicles, however, as it’s more of an online showcase with listings for car specifications and reviews, aimed at helping shoppers research car purchases, the company says.

Potential new car owners can type in the model they’re interested in, and then browse by year, make, model, fuel economy, or customer rating. There’s also an “community engagement” aspect, with customer reviews and a feature where shoppers can ask questions, perhaps about a specific model.

At the same time, Amazon is trying to gently steer shoppers towards its Amazon Automotive store, where it will definitely sell folks parts and accessories for those cars.

“More and more customers are turning to Amazon for researching products, and now we’re enabling that experience for vehicles — which is one of the most important, research-intensive purchases in customers’ lives,” an Amazon spokeswoman told The Seattle Times.


by Mary Beth Quirk via Consumerist

Use an iPhone? Install The New Security Update Right Now.

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Apple’s pushing a major iOS security update today that iPhone users will want to download and install as soon as they can.

The iOS 9.3.5 update, patch, which Apple is pushing basically right now, fixes three huge security holes in iOS.

The holes are called “zero-day” vulnerabilities: issues in the software that have been undisclosed or unknown until the point at which someone who isn’t the developer finds and/or exploits them.

Motherboard this week reported on a hack that was attempted on a human rights activist from the United Arab Emirates. The activist was rightly suspicious of a text message he received, and forwarded it to security experts.

The experts discovered that the link in the text led to a sophisticated piece of malware, Motherboard reports — and one that exploited three big, brand-new, previously unknown vulnerabilities in iOS. Those security holes, exploited together, would have allowed the attackers to gain full control of the activist’s iPhone.

The security experts took their findings to Apple, which immediately created a patch — the one that it pushed out to users today.

To find not one but three exploitable zero-day bugs in iOS at once is so rare that it has never happened before. In fact, the security experts were professionally impressed.

“We realized that we were looking at something that no one had ever seen in the wild before. Literally a click on a link to jailbreak an iPhone in one step,” one told Motherboard. “One of the most sophisticated pieces of cyberespionage software we’ve ever seen.”

Government Hackers Caught Using Unprecedented iPhone Spy Tool [Motherboard]


by Kate Cox via Consumerist

ITT Tech Banned From Enrolling New Students Using Federal Financial Aid

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And just like that the foundation of ITT Education Services is beginning to crumble. Today, the Department of Education took a series of actions that bans the company behind the for-profit chain of ITT Technical Institutes from enrolling new students using federal financial aid funds. 

The DOE notified ITT of its decision in a letter [PDF] on Thursday, noting that the decision was made after nearly two years of monitoring the school’s operations and finances.

According to the DOE letter, the ban was made after the Accrediting Council for Independent Colleges and Schools — which is facing its own issues — determined that ITT was “not in compliance” and is “unlikely to become in compliance” with accreditation criteria.

ACICS announced in a recent Continue Show-Cause Directive Letter that it continues to question ITT’s compliance with a number of the agency’s accreditation standards, finding that ITT has not demonstrated full compliance.

ACICS points to ITT’s inability to adhere to the following standards:

• “Minimal eligibility requirements” for “compliance with all applicable laws and regulations;”
• Federal and state student financial aid administration requirements;
• Financial stability, including having adequate revenues and assets to meet its responsibilities;
• Administrative capacity, including overall management and record-keeping;
• ACICS admissions and recruitment standards;
• Requirements for student achievement, as measured by retention, placement, and licensure passage rate; and
• Institutional integrity, as manifest in the efficiency and effectiveness of its overall administration of the institution.

As a result of these findings the DOE says it will no longer allow ITT to participate in Title IV in certain circumstances, including enrolling new students who rely on federal financial aid dollars for educational expenses.

This could spell the beginning of the end for ITT Tech, as many for-profit colleges rely heavily on federal financial student aid.

In 2012, the Senate Committee on Health, Education, Labor and Pensions (HELP), which will be the first to review the proposed legislation, found that $32 billion in federal student aid is going to for-profit schools. Additionally, nearly 1-in-5 for-profit college graduates default when trying to repay student loans.

When it comes to current students, ITT is required to use its own funds to cover federal aid disbursements for current students, and the DOE will reimburse the school after aid is disbursed to students.

The company must inform them that ACICS has found that the institution is not in compliance, and is unlikely to become in compliance with its accreditation criteria.

The company also cannot award raises, bonuses, or make retention or severance payments to executives or pay special dividends or out-of-the-ordinary expenditures without department approval.

ITT must inform the Department of any significant financial or oversight events including violations of existing loan agreements or extraordinary financial losses within ten days of such events.

The education operator is also required to once again increase its existing letter of credit from $94.3 million to $247 million or 40% of all Title IV aid the school received in 2015 payable in full.

Back in June, the DOE sent a letter [PDF] to ITT Tech requesting the company set aside more money to cover losses in the event of its collapse.

According to that letter, the decision was made to order ITT Tech to increase its letter of credit from 10% to 20% after the Accrediting Council for Independent Colleges and Schools began scrutinizing the school over allegations from state and federal agencies about the institution’s administration, organization, and financial viability.

A letter of credit is collateral the government asks colleges to set aside when officials have concerns that an institution may be unable or unwilling to pay back money it owes to the government.

Thursday’s action comes amid increasingly heightened financial oversight measures put in place by the Department beginning in 2014 and continued and expanded over significant concerns about ITT’s administrative capacity, organizational integrity, financial viability and ability to serve students, the Department said in a statement.

ITT has been teetering on the edge of collapse for more than a year. It revealed in 2015 that it was the subject of a federal fraud investigation. The Dept. of Education then placed restrictions on ITT’s access to student aid after the school failed to account for millions in federal funds.

The educator has been sued by the Consumer Financial Protection Bureau over its loan practices, nursing students who say they were misled about the school, Massachusetts for allegedly harassing students, and by a whistleblower who alleges that the school deceived applicants about the education they would receive and their job prospects.


by Ashlee Kieler via Consumerist

Lawsuits Claim “100% Natural” Label On Nature Valley Granola Bars Is Deceptive

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What exactly constitutes a “100% natural” food is a matter of much debate, but four new lawsuits argue that granola shouldn’t claim to be 100% natural because if contain small amounts of a common pesticide.

The quartet of lawsuits include three federal class actions filed in District Courts in New York [PDF], California [PDF], and Minnesota [PDF], along with a civil case brought in a D.C. Superior Court [PDF] on behalf of a trio of non-profits.

The actions, all filed by attorneys with The Richman Group out of Brooklyn, claim that General Mills is deceiving customers with a label on Nature Valley granola bars that says the snacks are “made with 100% natural grain oats,” because the products contain small amounts of a widely used pesticide called glyphosate.

A recent report by the World Health Organization and the United Nations found that while glyphosate isn’t good for you, it’s not likely going to be toxic at “anticipated dietary exposures.” So perhaps if you ate a truckload of granola bars every day, maybe that would hurt you… but no one is doing that. And although the level of pesticide in the bars is well below the Environmental Protection Agency’s limits, the suit says it’s still too much for the product to merit a “100% natural” label.

The lawsuits don’t challenge whether the alleged residual levels of glyphosate are safe. Instead, these cases all claim that General Mills is using the “natural” label to lure shoppers into pay more for a product that may not be what it advertises.

“By deceiving consumers about the nature, quality, and/or ingredients of its Nature Valley products, General Mills is able to sell a greater volume of the Products, to charge higher prices for the Products, and to take away market share from competing products, thereby increasing its own sales and profits,” the D.C. complaint states.

The lawsuits seek damages for Nature Valley customers who purchased the products based on the “100% natural” claims, and for General Mills to recall the allegedly mislabeled items and produce a “corrective advertising campaign to inform the public concerning the true nature of the Products.”

In a statement to Consumerist, General Mills maintained it’s done nothing wrong.

“We stand behind our products and the accuracy of our labels,” says the company.

This newest dispute only highlights the apparent level of consumer confusion regarding the use of the term “natural.” A recent survey a recent survey from our colleagues at Consumer Reports shows that a large majority of Americans don’t know what the term means when it comes to food labels.

(h/t Bloomberg)


by Mary Beth Quirk via Consumerist

VW Reaches Tentative Agreement To Compensate Dealers For Dirty Diesels

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Volkswagen took another step in putting that whole “Dieselgate” thing behind it Thursday, filing a settlement agreement that would compensate dealers affected by the carmaker’s decision to equip more than 500,000 vehicles equipped with “defeat devices” used to skirt emission standards.

While the financial details of the settlement with 650 U.S dealers weren’t disclosed, sources tell Reuters that it is “significant” and requires VW to repurchase unfixable, used diesel vehicles on dealers’ lots.

VW said in a statement Thursday that it has agreed to make cash payments and provide additional benefits to dealers as part of the settlement.

The terms for the repurchase of the vehicles is the same as VW has agreed to when it comes to buying back vehicles from consumers.

Under those programs, any vehicles bought back by VW are required to be fixed, scrapped, or recycled. The company is prohibited from shipping or moving the vehicles out of the U.S.

The settlement is intended to provide compensation for any economic damage dealers suffered following the September 2015 reveal that the carmaker has equipped hundreds of thousands of vehicles with devices designed to cheat emissions tests.

Shortly after the Environmental Protection Agency and California Air Resources Board revealed that VW’s diesel-engine vehicles contained defeat devices, the carmaker ordered dealers to stop selling affected vehicles until the issue was fixed.

This, VW dealers, claimed in a lawsuit filed in April, “caused great harm to franchise dealers whose profits have been erased and whose dealerships have plummeted in value due to the inability to sell tens of thousands of affected vehicles.”

Details of Thursday’s proposed settlement will be released once it is finalized, VW says, noting it expects that to occur by the end of September.

“We believe this agreement in principle with Volkswagen dealers is a very important step in our commitment to making things right for all our stakeholders in the United States,” Hinrich Woebcken, CEO of the North American Region, Volkswagen, said in a statement.

A lawyer representing the VW-branded dealers said the settlement represents the best solution.

“Our clients recognized the best solution would be one that not only allows them to recoup lost franchise value and continue to employ thousands of American workers, but one that also charts a strong course for the recovery of the Volkswagen brand in the United States,” Steve Berman, Managing Partner of the dealers’ counsel Hagens Berman, said in a statement.

In other action Thursday, Judge Charles Breyer of the U.S. District Court, Northern District of California gave VW and federal regulators until October to create a plan to fix 85,000 3.0- liter diesel vehicles. The parties must also come up with a plan to compensate owners of the vehicles, which could include a buy-back offer.

[via Reuters]


by Ashlee Kieler via Consumerist

Oakland Raiders File Trademark Applications For “Las Vegas Raiders”

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Even though the Oakland Raiders have not yet received the NFL’s blessing to relocate (again), the team appears to be protecting a potential Las Vegas future from potential trademark raiders.

ESPN and Forbes.com both noticed that the Oakland team, which had recently hoped to return to Los Angeles before the league handed that honor to the Rams, had filed multiple trademark applications with the U.S. Patent and Trademark Office in just the last week.

These trademarks cover a wide range of product lines, including… deep breath: “Clothing, footwear and headwear, namely, caps, hats, visors, headbands, ear muffs, wristbands, tops, T-shirts, tank tops, knit tops, sleepwear, golf shirts, sweaters, sweatshirts, turtlenecks, jackets, neckties, bibs not of paper, jerseys, coats, robes, ponchos, sneakers, gloves, scarves, mittens, aprons, shorts, sweatpants, jeans, pants, socks, underwear, swimwear, rompers.”

Not to mention “professional football games and exhibitions; football fan club services; entertainment services, namely, musical and dance performances provided during intervals at sports events; educational services, namely, physical education programs; production of radio and television programs; live shows featuring football games, football exhibitions, and football competitions; live shows featuring music and dance performances; organizing sporting and cultural events featuring football.”

Oh, and: “Play figures; board games; balloons; toys; plush toys; stuffed animals; sporting goods; golf balls; golf bags; golf club covers; footballs; toy banks; Christmas tree ornaments; jigsaw puzzles; toy and decorative windsocks; kites; pet toys; toy vehicles; billiard balls; dart boards; miniature toy helmets; cornhole board games; playing cards; paper party hats”

There are more (a lot more), but our copy/paste keys are burning up and need to sit out the rest of this drive.

The trademark applications don’t necessarily mean the team is intent on relocating to Las Vegas. Such a move would need approval by the other NFL owners, not to mention a full-fledged plan to relocate without interruption.

As Darren Heitner points out for Forbes, the San Diego Chargers applied to trademark “L.A. Chargers” even though that move never materialized.

Instead, this looks like this is probably an attempt by the team to preempt others from trying to claim the trademark. In addition to the trio of applications filed this week by the Oakland team, there are a half-dozen lesser applications — all filed on Jan. 29 or Jan. 30 — the same time it was reported that Raiders owner Mark Davis had been talking to Vegas casino biggie Sheldon Adelson about building a stadium in the Nevada city. The individuals filing those early trademark applications don’t appear to be related in any way to the team.

If any of those applicants attempted to challenge the team’s claim to the Las Vegas Raiders trademark, they would likely face a steep uphill (and expensive) legal battle.


by Chris Morran via Consumerist

Nation’s Largest Privately-Owned Bank Must Return $28M To Credit Card Customers

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The nation’s largest privately held bank sold its credit card customers on add-on programs intended to help cover their accounts when they faced unexpected hardships. However, the Consumer Financial Protection Bureau says the bank deceived customers about the reality of these and other programs and has ordered it to provide nearly $28 million in relief to hundreds of thousands of affected cardholders.

Starting back in 2002, the First National Bank of Omaha began offering protection plans to its credit card customers with names like “Secure Credit” and “Payment Protection.”

The idea was that customers would pay a monthly fee (0.89% of the balance on their card at each closing date). In return, if they were suddenly faced with a qualifying hardship that prevented them from being able to keep up their payments on their card account, the program would make a monthly payment to that account to keep it from amassing significantly more debt or going into default.

Products like these are nothing new, but the CFPB alleges that in Jan. 2010, First National began a misleading telemarketing campaign to trick customers into signing up for these programs.

First, whenever a customer would call in to activate their new card, the customer service rep would start a sales pitch by saying “While your card is activating…” This, argues the CFPB, gave customers the false impression that they had no other choice but to listen to the upsell spiel because they had to wait for their card to be activated.

However, the CFPB says the activation process was “nearly instantaneous,” meaning the bank was merely using this bogus delay as a pretense for marketing an add-on service.

Bank reps would also refer to the programs as “an important account feature” or “our way of
saying thanks,” when neither were true.

Customers were also enrolled in these programs without their full knowledge or consent, claims the CFPB. These customers were not told that by agreeing to receive a “welcome kit” with the product’s terms and conditions, or by verifying their city of birth with the rep, they were actually signing up for monthly payments.

The Bureau says that First National reps sometimes told customers they were eligible for these programs without having done any checking to see if that was true. Likewise, some reps enrolled customers even after learning information that suggested the customer would not be eligible for one or more of the benefits of these programs.

All of this might not have been that big of a deal if customers could easily cancel their enrollments, and indeed First National’s marketing of these programs said they could be canceled “anytime,” “immediately,” and with “no questions asked.” Similarly, customers were told over the phone that they could cancel within 30 days at no charge.

“In fact, cancelling Respondent’s Debt Cancellation Products was not easy,” writes the CFPB. “[First National’s] customer service representatives often rebutted Cardholders’ requests to cancel several times before agreeing to cancel the Cardholders’ enrollment.”

According to the Bureau, the bank actually rewarded customer service reps with a “save bounty” for each time they prevented a customer from canceling their add-on service.

Okay, so you didn’t sign up for it, can’t cancel it without begging, but at least you’ll get those benefits when you get slammed with medical bills and can’t keep up with the credit card… right?

Not according to the CFPB, which says that First National’s practices “prevented the vast majority of Cardholders from obtaining several of the promised benefits” through the use of “restrictions, eligibility requirements, exclusions, and administrative hurdles.”

If you worked part-time (fewer than 30 hours/week) or were self-employed, good luck getting the benefits. Taken out of commission by a medical condition that was discovered up to six months after signing up for the protection plan? That counted as a “pre-existing condition” to First National. Your illness or disability caused by or related to pregnancy, childbirth, alcohol, drug use, or self-infliction? No benefits for thee.

Even if you were eligible, you sometimes had to jump through hoops to get the benefits. If you needed the protection plan because you were unemployed, you had to wait until you were out of work at least 30 days but you had to file your benefits application within 45 days of losing your job. Miss that 15-day window and you were denied.

Ill or disabled cardholders had to provide the bank with monthly verifications from their doctors. If your financial hardship was caused by an accidental death, you needed a death certificate that expressly stated “accidental death” as the cause of death.

Many of these requirements, says the CFPB, were not disclosed to users before they were enrolled in the programs.

The bank also sold a pair of credit-monitoring products dubbed “Privacy Guard” and “IdentitySecure” that were supposed to monitor the cardholder’s credit for potential identity theft or fraud, along with providing the accountholder with a copy of their credit report.

However, the CFPB says that the bank didn’t properly process customers’ authorizations, meaning the credit reporting agencies weren’t fully matching the customer with their information. Thus, many people who paid for this program did actually not receive the promised credit-monitoring services.

The bank has ceased the practices cited by the CFPB, but it’s not off the hook financially. It owes $27.75 million in relief to 257,000 customers affected by these practices. First National must also pay a $4.5 million civil penalty.

“First National Bank of Omaha violated the trust of its customers by illegally signing them up for credit card add-on products,” said CFPB Director Richard Cordray in a statement.


by Chris Morran via Consumerist

Police On The Lookout For Guy Who Stole Beer While Dressed As Batman/Captain America

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If you’ve seen a guy around town wearing a Batman suit paired with a Captain America mask, give police in Salamanca, NY, a call.

A guy who clearly has trouble committing to one superhero was caught on video surveillance stealing two 18-packs of beer from a store in the western part of the state on Tuesday, reports WIVB.com.

He’s described as a white male in his 20s with a slim build, standing between 5’9” and 6’. If you’ve got information on this super villain, the police would love it if you’d make an anonymous tip.

Others have come before who have also sought to hide their identities behind a costume while doing foul deeds: in 2015, police in Indiana were on the hunt for bank robbery suspects who dressed as musician Rick James and Youngblood Priest, a character from the 1972 movie Super Fly; and way back in 2007, a man robbed a Citizen’s Bank disguised as a tree.

Police looking for beer thief dressed as Batman and Captain America [WIVB]


by Mary Beth Quirk via Consumerist

Credit Card Numbers Aren’t Worth Much Now, So Hackers Want Your Mobile Banking Info

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If you’re worried about the security of mobile banking, you’re not alone. Mobile banking apps use a wide array of complicated passwords, biometric tools (like thumbprint or facial scanning), and two-factor authentication to make sure you’re you before “you” try to mess with your money. But preventing anyone from being able to guess how to log in to your account does no good if your phone’s got malware on it that gives would-be baddies a wide-open back door.

As the Wall Street Journal reports, the presence of mobile malware designed to steal banking credentials is on the rise.

The software, including programs like Acecard and GM Bot, has drawn the attention of both the FBI and U.S. banking regulators, according to the WSJ.

There’s just not as much money in stealing credit card numbers anymore, as the seeming inevitability of wide-scale retail breeches means the market is oversaturated with stolen cards. Even criminal markets are subject to the law of supply and demand, and so that card data is just not worth as much to the criminal trying to sell it anymore, on average.

That means the enterprising digital thief needs to take a new approach.

This particular kind of malware spreads when a phone user opens a loaded text or advertisement. It then sits around on your phone until you open one of the targeted banking apps.

When you do open your banking app, the software creates a customized overlay — a fake front — that lets it grab the credentials you put in as you put them in. And boom: your password’s stolen. According to the WSJ, Acecard alone has those overlays ready for 50 of the biggest banking apps.

Phones are considered particularly vulnerable, because there are so many ways to get someone to open a link and so few users — not even a third, overall — use any kind of antivirus or anti-malware software.

So how can you protect yourself?

Know what your banking apps should look like, and don’t use them if anything about them looks “off.” Keep an eye on your statements and let your bank send you alerts for any unusual transactions. Try to avoid clicking any link that you don’t recognize, especially in strange texts — and consider trying one of the many free, reputable protection options for your phone.

Mobile Bank Heist: Hackers Target Your Phone [Wall Street Journal]


by Kate Cox via Consumerist

Google Fiber Is Now Signing Up Customers For Service In Salt Lake City

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Almost a year and a half after Google announced it would be bringing its new fiber service to Salt Lake City, the company has started the sign-up process for the city’s residents.

The company announced on Twitter that sign-ups are open, and will stay open until Oct. 20 in the City Center area. The first phase of the rollout is in and around the city’s downtown area, panning about 112 blocks from 100 South to 800 South between 400 West and 1300 East, as The Salt Lake City Tribune reports.

Other parts of the city will be turned on “in a matter of months and not years,” Scott Tenney, head of Google Fiber business operations in Utah, told the Tribune, without disclosing specifics. “This is a milestone, but not a destination.”

As an alternative to current providers Comcast and CenturyLink, Salt Lake City locals will have the option of signing up for 1-gigbit residential service for $70 a month, 100 Mbps Fiber 100 tier for $50 per month, and 1-gig pay TV bundle that starts at $140 per month. Phone service is an additional $10 per month.

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Google Fiber has already launched service in areas of Austin, Nashville, Kansas City, Atlanta, and Provo, UT, with plans to deploy in San Antonio Charlotte and Raleigh-Durham, NC.

Other cities are on the “maybe, but don’t hold your breath” list for expansion now: Los Angeles; Chicago; Dallas; Portland; San Jose, Irvine and San Diego, CA; Phoenix; Oklahoma City; Louisville; and Jacksonville and Tampa, FL.

This might be the last Fiber expansion that actually involves, well, fiber: Google has been testing wireless technology that doesn’t require a bunch of cables.

(H/T Multichannel.com)


by Mary Beth Quirk via Consumerist

United Airlines Updates Login Protections With Pre-Selected Security Question Answers

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Earlier this year a man was accused of hacking United Airlines in order to steal travel vouchers from some frequents fliers. In an attempt to better protect loyal customers’ vouchers, mileage points, and other information, the carrier recently unveiled a slew of updates to its website, including employing a security question section with pre-selected answers. Wait, what? 

Krebs on Security reported Wednesday that United Airlines has moved away from requiring customers to use their frequent flyer account numbers and 4-digit personal indentification numbers to access accounts, in favor of a process that includes a password and five security questions.

However, these questions aren’t the typical “Mother’s Maiden Name” queries that are unique to each user — but which, in some cases, could be easily figured out. Instead, the new questions are less likely to turn up on public records, like “What is your favorite pizza topping?” The catch is that you can’t just write in your custom answer. You have to select from a drop-down list of pre-selected answers like “mashed potatoes, “garlic,” or “barbecue chicken.”

While this update removes some easily discoverable answers from the equation, some cybercrime experts question whether it will ultimately do anything to prevent clever hackers.

United tells Krebs on Security that the airline chose to go with pre-written answers because a “majority of security issues our customers face can be traced to computer viruses that record typing, and using predefined answers protects against this type of intrusion.”

But Krebs counters that this may not be effective in fighting hack attacks, as most malware that relies on logs users’ keystrokes also uses “form grabbing,” which captures data submitted through forms like the one United is now using on its site.

United’s director of IT security intelligence says the airline will randomize the questions to throw off programs seeking to automate the submission of answers. Additionally, security questions answered incorrectly will be “locked” and not asked again.

The carrier says it will also use the security question and answer option to authenticate users who call the airline directly.

Arlan McMillan, United’s chief information security officer, tells Krebs that the system was created in a way that the carrier can include additional security features in the future, such as app-based one-time passwords.

“It is our intent to provide additional capabilities to our customers, and to even bring in additional security controls if [customers] choose to,” McMillan said. “We set the minimum bar here, and we think that’s a higher bar than you’re going to find at most of our competitors. And we’re going to do more, but we had to get this far first.”

Despite United assurances that the process will be more secure, Krebs points to a Google research paper published last year that suggests question and answer security barriers are “neither secure nor reliable enough to be used as a standalone account recovery mechanism.”

Still, the carrier believes the new system is a step in the right direction and better than doing nothing.

“At the scale that United faces, we felt this approach was really optimal to fix this problem for our customers,” United’s Benjamin Vaughn tells Krebs. “We have to start with something that is universally available to our customers.

United Airlines Sets Minimum Bar on Security [Krebs on Security]


by Ashlee Kieler via Consumerist

Burger King Manager Facing Assault Charge For Allegedly Throwing Sauce At Customer

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It can be frustrating for both customers and fast food employees alike when something about an order isn’t right, but that’s no excuse for chucking things at each other. One such tense situation is why a Burger King manager was arrested recently, after allegedly throwing sauce at an unhappy customer.

The 32-year-old manager was arrested in Conway, New Hampshire earlier this month, reports WGME. It all started, police say, when a customer complained that her burger had arrived sans bun.

According to the cops, the manager yelled at her for complaining and then whipped sauce at her back. It’s unclear if the sauce was still in packaging or flying freely through the air.

The manager claims that the woman verbally assaulted him over the mistake in her order. He ended up admitting to chucking the sauce, however, and was arrested and charged with assault.

This isn’t the first time things have gotten physical at a fast food spot: there was the time a Taco Bell customer tossed a drink in an employee’s face, apparently unaware the restaurant had video cameras, and the McDonald’s customer who was accused of choking a drive-thru worker because he was tired of waiting for his change, just to name a few.

Burger King manager arrested for throwing sauce at customer [WGME]


by Mary Beth Quirk via Consumerist

As Sales Continue To Drop, Sears Borrows $300 Million From Its Own CEO

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As more shoppers go online — or turn to retailers that don’t feel like they’ve just given up — same-store sales at Sears and its corporate kin Kmart have continued to sink, leading the once-great department store chain to borrow $300 million from the hedge fund owned by none other than Sears Holdings CEO Eddie Lampert.

When Sears announced its disappointing quarterly earnings this morning, it also revealed that Lampert’s ESL Investments had offered — and it had accepted — the $300 million in financing, backed by a junior lien against Sears Holdings’ inventory, receivables and other working capital.

The deal would also allow Sears to seek out up to an additional $200 million in debt-financing from other parties. It comes on the heels of the company securing $500 million in financing in April via loans backed by mortgages on more than a dozen Sears properties.

Lampert isn’t just the chief executive for Sears; his fund is also the majority shareholder for the company. He’s promised the company’s investors that he would operate a leaner, more efficient Sears but sales have continued to drag and the company has made no apparent effort to inject itself into the e-commerce fray.

In fact, Sears makes virtually no mention of online retail in its entire 37-page investor presentation from this morning.

In an effort to reduce losses, Sears has been closing dozens of underperforming stores, and spinning off Lands’ End into its own business. Of course, fewer outlets means less gross revenue for the company, to the tune of $199 million compared to this time last year. Meanwhile, same-store sales at Kmart were down more than 3% this quarter and 7% at Sears’ U.S. stores, resulting in $240 million in year-over-year revenue declines.

Of interest is that Sears blames some of the lost sales on retail categories that had long been associated with the company, including home appliances, consumer electronics, lawn & garden and tools.

If it’s having trouble moving items that were once considered prime reasons to go to Sears, it may not bode well for the company’s vague plans to cash in on house brands like Craftsman tools and Kenmore appliances.

Apparel was also listed as a money-loser for Sears, which tried to chic up its clothing offerings this week when it announced “fashion-forward” Showcase boutiques within a handful of stores.

“Right now, they’re in a bit of a Catch-22 situation,” Matt McGinley, an analyst at Evercore ISI, tells Bloomberg about the state of Sears, “they need to reduce the inventory to generate cash, but the less inventory they have, the less likely they are to make a sale, which further reduces the cash.”


by Chris Morran via Consumerist

Under Fire Over EpiPen Price Hike, Mylan Expands Savings Card Program

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After receiving intense backlash from consumers, lawmakers, and health advocates over the skyrocketing price of emergency allergy treatment EpiPen — the costs increased as much as 600% in just nine years — pharmaceutical giant Mylan plans to cover some of that cost for certain patients. 

The company announced Thursday that it will take “immediate action” to ensure EpiPens Auto-Injectors — used to provide urgent treatment for allergy sufferers facing anaphylaxis — are more affordable for patients by expanding already existing programs that reduce out-of-pocket costs.

Mylan says it will provide some patients with a savings card that will cover up to $300 for a two-pack of EpiPens.

The drugmaker claims that for patients who were previously paying the full amount of the company’s list price for EpiPen, the savings card will essentially save them 50% in out-of-pocket costs.

Mylan also is doubling the eligibility for its patient assistance program, which will eliminate out-of-pocket costs for uninsured and under-insured patients and families.

Additionally, the company says that it will open a pathway so that patients can order their EpiPen injector directly from Mylan, reducing some costs.

CEO Heather Bresch — who has come under fire for the steep price increase for EpiPens — said in a statement that the company recognizes the “significant burden on patients from continued, rising insurance premiums and being forced increasingly to pay the full list price for medicines at the pharmacy counter.”

However, she believes, price is just one part of the problem.

“All involved must also take steps to help meaningfully address the U.S. healthcare crisis, and we are committed to do our part to drive change in collaboration with policymakers, payors, patients and healthcare professionals,” she said.

The company then goes on to tout the program it has put in place to help reduce the cost of EpiPen injectors.

For instance, Mylan says that it has worked to help patients with commercial insurance pay as little as $0 for EpiPen Auto-Injector using the My EpiPen Savings Card.

In 2015, the company claims that the program resulted in nearly 80% of patients using the card paying nothing out-of-pocket.

Mylan also released a “pharmaceutical supply chain” infographic on its website, describing the path the EpiPen injectors take to get to patients and the costs added to the medication.

The graph appears to place a great deal of the price increase blame on the companies and individuals that bring the product to customers after it is created.

For instance, Mylan says that the net price for a two-pack of EpiPens is $274 when it is manufactured by the company.

After that, $334 is added to the cost because of pharmacy benefit managers, insurers, wholesalers, and pharmacy retailers taking their cuts. This leaves a total cost of $608 for patients.

The backlash against EpiPen and Mylan comes on the heels of a number of price increases on vital drugs that have little or no competition in the marketplace. Like executives at some of these other drug companies, it’s expected that Mylan execs will soon be testifying before Congress about their justifications for the soaring price of the auto-injector.


by Ashlee Kieler via Consumerist