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Friday, October 14, 2016

Feds To Announce Airplane Ban For All Samsung Galaxy Note 7 Phones

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If you own a Samsung Galaxy Note 7 and plan to take a flight soon, you might need to turn in that recalled phone before heading to the airport: The Federal Aviation Administration is reportedly issuing a ban today that would prohibit the devices from all flights starting Saturday. 

Bloomberg, citing sources close to the matter, reports that the FAA will expand its current restriction of the devices following Samsung’s all-out recall, and announcement that it would stop making the phones altogether.

Under the forthcoming ban, no Note 7 device will be allowed on board an aircraft even if the device is powered down.

Back in September, aviation regulators ordered passengers and airlines to power off all Note 7s that were brought on board, and asked them to not charging the devices in air.

Soon after, passengers reported that airlines had been either checking their phones or verbally instructing them to power-down the phones.

Still, that didn’t put an end to the issues. The most recent incident occurred last week when a Southwest Airlines flight had to be evacuated when a replacement Note 7 began to spew smoke and fire.

News of the impending ban comes after some airlines began using “fire containment bags” to stow the phones in flight.

The bags are bright red, made of fire-resistant materials, and are designed to hold not just phones but laptops or tablets as well. They close with velcro and heavy zippers, and can withstand temperatures up to 3,200° F (1760° C). So far, Alaska Airlines, Virgin America, and Delta have started using the bags.

U.S. to Ban All Samsung Note 7 Phones on Airline Flights [Bloomberg]


by Ashlee Kieler via Consumerist

Ohio Also Decides It’s Time To Take A Break From Doing Business With Wells Fargo

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Following in the footsteps of Illinois and California, the state of Ohio has become the latest to take a break from doing business with Wells Fargo until the dark cloud of the current fake account fiasco passes.

Gov. John Kasich broke the news on Friday that the state will take a one-year break from allowing Wells Fargo to take part in new state debt offerings and financial services contracts initiated by state agencies under his authority. Kasich is also asking to exclude the bank from participating in debt offerings initiated by the Ohio Public Facilities Commission (OPFC).

As you’re likely well aware, Wells Fargo was recently ordered to pay $185 million after thousands of bank employees were caught trying to game the Wells sales goal system by opening more than two million unauthorized accounts in customers’ names.

However, questions remain about how long this bad behavior went unchecked and why Wells’ top brass did not change the underlying incentive programs until after the massive settlement was made public. CEO John Stumpf, who announced his sudden retirement earlier this week, recently told members of Congress that he first learned about this chicanery in 2013.

Additional documents turned up this week appear to indicate that local managers warned the company’s ethics hotline and the bank’s former head of Wells’ retail banking, Carrie Tolstedt, of problems with fake accounts more than 10 years ago. Tolstedt also offered her instant retirement shortly before the bank reached the settlement agreement.

“It’s clear that Wells Fargo’s culture was compromised by greed and by a desire to make money that was stronger than a commitment to following proper ethical standards,” says Kasich in a statement. “While Wells Fargo only does limited retail banking in Ohio, it does regularly seek state bond business so I have instructed my Administration to seek services from other banks instead, and I’ll cast my votes against Wells Fargo on the Public Facilities Commission.”

Kasich says Wells has given up its right to do business with the state “because its actions have cost it the public’s confidence.” That said, the governor and former Presidential candidate says he open to revisiting the relationship after Wells makes internal improvements.

In late September, California became the first state to halt doing business with Wells, with the state’s treasurer citing the bank’s “venal abuse of its customers.”

That move was followed by an announcement from the Illinois state treasurer that the state would suspend billions of dollars in investment activity with Wells.


by Chris Morran via Consumerist

After Worker Backlash, Instacart Decides To Not Get Rid Of Tips

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A day after we told you about workers’ unhappy response to Instacart’s plan to do away with tips and replace them with a “service amount,” the online grocery delivery service has decided to keep the tip option open.

The idea behind the policy change, which was to begin in certain markets next Monday, was to make Instacart drivers and shoppers less reliant on tips from customers, as some 20% of users were not allocating a worthwhile tip on their orders.

The workers’ base pay would be bumped up and customers would have the option of choosing a “service amount,” but instead of that money going directly to the drivers and shoppers that had done the legwork on an order, it would be pooled and used to help cover the increased base pay. There are also promises for periodic bonuses based on customer feedback.

But in a statement released Friday afternoon, Instacart says that it has decided to move forward with both the service amount and the tip option.

The new service amount will first show up on Oct. 17 for Instacart users in San Francisco and Washington, D.C. The rest of the country will see it on Oct. 24. The voluntary tipping option will remain in all markets.

“We heard a lot of feedback from our shopper community,” explains Instacart in its statement explaining the decision. “While our shoppers liked most of the changes, they did not like the fact that we were removing tips from our online platform. Taking that feedback into account, we have decided to continue to accept tips as part of this change.”

While the company maintains that the service amount update was made with the best interests of shoppers in mind — allowing “shoppers to earn more pay on busy days, have greater visibility into weekly earnings and earn a more consistent amount,” a rep for the company tells Consumerist that the tweak was the “best solution.”

How Will It Work?

Instacart says that the previously announced “service amount” addition will remain and function in the same way under the re-revamped policy.

This means that customers will pay a 10% service amount at checkout by default. These funds will then be used to “guarantee a higher commission to all shoppers,” the company says.

Customers, however, will have the option to change the service amount selected to 0%, if they so choose.

Instacart claims that by keeping the service amount option, shoppers will no longer need to depend on tips for the majority of their compensation.

And by keeping the tip option in the checkout process, the company says it is allowing customers the ability to reward shoppers who have gone “above and beyond.”

A rep for the company suggested that if a customer, for example, ordered six cases of water and asked their shopper to deliver it up two flights of stairs, they might want to reward the worker for exceptional service.

The tip area will function the same as it currently does under the new system, meaning customers can set a dollar amount to tip before or after the order is completed.

While the new system essentially customers the option of paying more, or not, for deliveries twice — a service amount and tips — the company says they shouldn’t feel obligated to do so.

Asked if there was concern that customers might feel burnout from both the service amount and tips, the rep for Instacart tells Consumerist that customers shouldn’t end up paying more than they used to.

Skeptical Response

Part-time shopper “Kevin” tells Consumerist that the tweak could be more confusing than the original changes an puts the burden of shoppers’ wages on customers, not the company.

“The problem lies within shouldering the entirety of its worker’s income onto the customer,” he says. “Many people will wonder, what is a service amount if not a tip? Am I supposed to tip twice? Is the service worth using with all these extra charges?”

In Kevin’s opinion, Instacart should either keep the new commission policy and use its own profits from revenue to cover the pay increases, or return to the original, simply tip options.

“Any system that forces price hikes on customers in order to feed its workforce is a broken one,” he says.


by Ashlee Kieler via Consumerist

Salesforce Joins Companies Walking Away From Twitter Purchase

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Poor Twitter. Despite an abundance of rumored suitors, it’s starting to look like no one wants to buy the social media company. This time, it’s Salesforce that’s walking away from discussions.

Salesforce.com’s CEO Marc Benioff told the Financial Times today that his company is no longer interested in buying the internet company.

“In this case we’ve walked away. It wasn’t the right fit for us,” he told the FT, news that sent Twitter’s diving by more than 6%.

After Google and Disney decided to back off, Salesforce was left standing as the only likely buyer. Despite the fact that Salesforce — which insiders say was the only remaining serious contender — is out of the picture, some Twitter’s advisers say the company is still seeking other potential bidders, those people in the know said. But another source close to Twitter management tells FT the sales process is virtually kaput.

Instead, it looks like this latest development will kill off any speculation about a sale, and instead prompt Twitter head Jack Dorsey to focus on a strategy to grow users, a venture capital investor close to Dorsey told FT.

“It’s not the right fit for us for many different reasons,” Benioff added in his interview with FT. As to whether price was a major issues, he replied: “You’re going to look at price, you’re going to look at culture, you’re going to look at everything.”

Twitter suitors vanish as Salesforce rules out bid [Financial Times]


by Mary Beth Quirk via Consumerist

Facebook Now Lets Users With iOS Devices Stream Videos On Apple TV, Chromecast

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The next time you fall down a watch-these-disembodied-hands-make-food video hole on Facebook, you won’t have to watch it on your phone or tablet: Facebook will now let users on iOS devices stream video on their TVs vy way of Apple TV or Chromecast.

In an effort to get people to watch as many Facebook videos on as many screens as possible, the company says Facebook users will be able to tap a button on the righthand corner of their smartphone’s screen to send the video to a supported device linked to their TV.

For now, that means Apple TV and Chromecast and only for iOS users, but the social media company says it plans to add Chromecast support for Android users soon.

This way, Facebook says, you can watch a Facebook video on TV while still scrolling through your News Feed on whatever device you’re streaming from. No need to waste any precious eyeball time on trying to do both.

You’ll also be able to see what other people think of the video as they watch it, the company adds.

“And if you’re streaming a Facebook Live video to your TV, you can see real-time reactions and comments on the screen, and you can join in the conversation yourself by reacting or commenting.”


by Mary Beth Quirk via Consumerist

Yahoo Explains Why It Turned Off Email Auto-Forwarding; Turns It Back On

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Earlier this week, we told you about Yahoo Mail users complaining that they could no longer use the auto-forward function to have things from their Yahoo account forwarded to a different address. Now Yahoo is explaining why it turned off this function, and why it’s turned it back on.

Some users had theorized that the sudden shutoff of auto-forwarding was an attempt by Yahoo to make it more difficult for users to transition their email usage to a new provider, but in a Tumblr post (NOTE: Why must companies like Yahoo and Google insist on using their social media platforms for such announcements?) this morning, Michael Albers, VP of Product Management for Yahoo Mail claims that the auto-forward shutdown was intended as a temporary measure while the company was upgrading its platform. The function has been turned back on as of this morning, he adds.

“This has allowed us to bring a better search experience to Yahoo Mail, add multiple account support, and improve performance as we quickly scale this new system globally,” writes Albers.

The post does attempt to discourage the use of forwarding and encourages Yahoo users to connect “your Yahoo inbox to your preferred email client or provider directly.”

However, that glosses over one big reason many people might want to use auto-forwarding: To move away from Yahoo. By setting up a new address with a different email provider and auto-forwarding your Yahoo Mail messages, you can gradually make sure that all of your subscriptions and contacts know to reach you at your new address instead of the Yahoo one you’re leaving behind.

After all, Yahoo Mail has been heavily scrutinized in recent weeks. First came the revelation that some 500 million accounts may have been compromised in a data breach, followed by the news that Yahoo had reportedly built a tool to snoop on users’ emails for the U.S. government — a report that Yahoo now says is “misleading.”


by Chris Morran via Consumerist

How Well Have You Been Paying Attention This Week? Take The Consumerist Quiz To Find Out

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After a week off caused by a brief, unexplained work stoppage by the 743-person team that otherwise toils day and night to craft this weekly test of readers’ recall abilities, the Consumerist Quiz is back to put your brain cells through the wringer (not literally, because that would be messy and probably illegal).

For some of you it was a short week, but because you’ve had the extra week of rest, we’re going with the full-size 12-question quiz anyway. You don’t have to take it, but you know you want to.

Just don’t get any on the rug. That’s how you get ants.


by Chris Morran via Consumerist

Dole Slapping Disney Branding On Fresh Produce Line Aimed At Kids

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Will Princess Elsa’s face on a bunch of broccoli make more kids want to eat their vegetables? That remains to be seen, but Dole and Disney are willing to try, with a new line of co-branded produce featuring Disney, Pixar, Star Wars and Marvel characters.

The partnership will include Disney-branded Dole bananas, pineapples, berries and vegetables that will be sold in grocery and retail stores, the companies announced today.

Dole and Disney will follow that up with the launch of a health and nutrition education programs with themes based on popular Disney, Star Wars, and Marvel characters and movies, with themed recipes that tie in Dole products.

“Disney and Dole have a shared mission of providing high quality produce to help families lead healthier lives,” said Josh Silverman, executive vice president of global licensing, Disney Consumer Products and Interactive Media. “As an industry leader in licensed food, we are excited to pair our unrivaled portfolio of brands, characters and stories with Dole’s fresh fruits and vegetables to support parents as they encourage their kids to make healthier food choices.”

Disney said in 2012 it would accept fewer junk-food ads for its children’s TV shows, radio shows, and websites, and only run ads for products that meet nutritional guidelines it voluntarily developed in line with government standards.

This isn’t the first time Dole and Disney have joined forces, Reuters notes: Dole has been the corporate sponsor of the “Enchanted Tiki Room” attraction in Disneyland Park since 1976, which offers a frozen dessert known as the “Dole Whip.”


by Mary Beth Quirk via Consumerist

San Francisco Proposal Would Limit Residential Airbnb Rentals To 60 Days/Year

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The relationship between Airbnb and its home city of San Francisco is complicated to say the least. the least. The two have repeatedly duked it out over regulations, taxes, and liability, and now the stage is set for yet another battle between the city and the home-sharing platform, as the San Francisco Board of Supervisors considers reducing the number of days people in the city can rent out their homes each year.

The San Francisco Chronicle reports that the board will meet Tuesday to talk over an amendment to existing short-term rental rules that would limit rentals in private homes to 60 days a year.

Critics of the current rule — which requires hosts to register with the city and limits annual rentals to 90 days out of the year — argue that it is ineffective and has been difficult to enforce.

“Too many hosts (are) not registering with the city, and too many people (are) either exceeding, or just plain ignoring the annual rental caps,” Board President London Breed, who is supporting the amendment, said in a statement. “This takes critical housing units off the market, rendering them unavailable to all those struggling to find a permanent, affordable place to live.”

Under the amendment, Airbnb hosts that have already registered with the city would be allowed to continue abiding by the current rule, renting 90 days a year for unhosted rentals of entire homes, and no limits for rentals when the host is present during the rental period.

“The hosts who have played by the rules and registered already did so with assurances from the city, and we should live up to our promises,” Breed said.

Groups that support Airbnb hosts say the amendment won’t actually help enforcement and could actually discourage registration.

Likewise, a spokesperson for Airbnb tells the Chronicle that the amendment could hurt hosts who are already having a difficult working with the “broken” registration system.

“We are concerned this proposal will add one more barrier to compliance for hosts,” the company said.

Proponents of the amendment counter that it will help rein-in hosts or landlords who post their properties on the site in violation of the current cap are diluting the already limited housing supply in the city.

“No one has defined a way for the City to track hosted vs. unhosted rentals,” Dale Carlson, a spokesman for anti-Airbnb group Share Better, tells the Chronicle. “This ends that silly distinction.”

SF supervisors propose 60-day cap on all Airbnb rentals [San Francisco Chronicle]


by Ashlee Kieler via Consumerist

Going To Cuba? You May Now Bring Home All The Rum And Cigars You Can Carry

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The Caribbean island nation of Cuba is many different things to many different people. However, to a very large percentage of Americans, the name is almost synonymous with quality, if not entirely legal, consumables: cigars and rum. No wonder, then, that news of increased access to celebratory smokes and libations from Cuba is being met with good cheer.

The Obama administration today made a further update to its Cuba policy, USA Today reports, and this one lets travelers buy, let’s say, a few more souvenirs.

As long as they are for personal use (not for resale), Americans traveling to cuba may now buy an unlimited quantity of Cuban rum and cigars from any country in which they are sold — not just Cuba. You can’t order either online, or find them at U.S. retailers, but if you or a friend should happen to make it to the Caribbean (or even the duty-free shop at some airports), the only limit on how much you can buy is (a) how much you can afford, and (b) how much you can cram into your luggage.

The restriction on bringing Cuban rum or cigars into the U.S. first loosened up in late 2014, when the current thaw in the previously-frozen diplomatic relationship between the two nations first kicked off. At that point, travelers going to Cuba were allowed to bring up to $400 worth of purchased goods back into the U.S. with them, up to $100 of which could be alcohol and/or tobacco.

While the renewed access to Cuba has not been without hiccups, it has been booming. Just this week, an online travel agency bragged about being the first in the nation to let travelers comparison-shop Cuba-bound flights.

The market for air travel to Cuba has become fiercely competitive very quickly as the restrictions on individuals’ travel continue to loosen.

The administration is continuing to press for easing the restrictions even further, USA Today reports. The policy directive the President issued to Congress today includes, among other things, a call for Congress to rescind the economic embargo on the island entirely.


by Kate Cox via Consumerist

Hershey’s CEO Announces Plan To Step Down From His Chocolate Throne

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In the town of Hershey, behind huge locked gates and a high wall sits an enormous chocolate company with smoke belching from its chimneys and strange whizzing sounds coming from deep inside. And outside the walls, for half a mile in every direction, the air is scented with the heavy rich smell of melting chocolate! And inside those walls, the reclusive genius behind it all plans to hand over his entire empire to one of five lucky Golden Ticket winners.

Okay, so it’s not exactly that dramatic, but Hershey Co. CEO John “JP” Bilbrey has decided it will soon be time to step down from ordering around a bunch of Oompa Loompas and hand that responsibility over to someone else.

The company says that the current plan is for Bilbrey to retire on July 1, 2017, giving the company’s board of directors ample time to weed out all the Augustus Gloops and Veruca Salts before finding a new Charlie Bucket.

The change in leadership in Hershey comes shortly after Mondelez — the horribly named parent company behind brands like Nabisco, Oreo, Ritz, Corn Nuts, Trident, and Tang — dropped its attempt to merge with the Pennsylvania-based chocolate giant to form a candy-coated Voltron.

Hershey has also been trying to expand its portfolio of products beyond those that appeal to the sweet tooth. Just recently, it acquired and added to the Krave line of high-end beef jerky and dried meat bars.

“I am confident that the board will identify an outstanding candidate to lead The Hershey Company through this next phase of growth,” said Bilbrey in a statement, presumably right before breaking into song.

The Wall Street Journal notes that while the failed Mondelez merger might have something to do with Bilbrey’s decision to walk away, a new CEO won’t necessarily make a different merger any more likely to succeed, as the Hershey Trust — which owns around 81% of the company — has historically been reluctant to such deals.


by Chris Morran via Consumerist

Drinkable Yogurt Is What Happens When We Get Tired Of Other Trendy Ideas

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If you have a problem with the idea of chugging liquid yogurt, gird your stomachs, folks. Because it’s a thing that is happening, now that the Greek yogurt trend is losing its luster.

The latest fad in the dairy aisle is now drinkable yogurt, according to a report by research firm Mintel cited by The Washington Post.

That includes yogurt smoothies, kefir, and other drinks with that yogurt-y tang — basically, anything portable that doesn’t require a spoon to consume.

Sales of yogurt drinks have spiked 62% in the last five years, and they’re projected to climb another 11% this year, Mintel says. In comparison, sales of “spoonable” have only grown 27% in that same time.

Greek yogurt is facing especially rough times, with lagging sales growth in recent years.

“Old fashioned Greek yogurt is definitely losing some steam,” a food analyst previously told WaPo. “We grow tired of things pretty quickly here in the United States.”

Translation: we get bored, and drinkable yogurt happens.

The good news for the dairy industry is that Greek yogurt “introduced consumers to the possibility of variety, in terms of flavor, texture, and function,” Mintel says.

“A growing acceptance of yogurt as a snack creates huge opportunity for the market,” said Beth Bloom, a senior analyst Mintel. “As adoption of yogurt drinks grows, so too does innovation.”

What’s next: yogurt ingestion by osmosis? Yogurt injections? We’ll probably find out as soon as this fad flares out.

Greek yogurt is no longer the trendiest yogurt [The Washington Post]


by Mary Beth Quirk via Consumerist

No More Wearing Glasses To Look Smart In Your Passport Photo

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Some folks wear glasses so frequently that they look like a different person when they aren’t bespectacled, so it would seem to make sense that they should be wearing eyeglasses when getting their passport photos taken. Not so, says the State Department, which is reminding people that come Nov. 1, your specs are probably not welcome in new passport pics.

“This change will help eliminate glares and shadows that can lead to delays in processing visa and passport applications,” explains an announcement on the State Department website. “Applicants may wear glasses only in rare circumstances of documented medical necessity during urgent travel.”

According to this statement from earlier in the month, the State Department had to reject more than 200,000 passport applications last year because eyeglasses made it too difficult to identify the person in the photo.

The policy change doesn’t affect existing passports and visas, only applicants sending in photos for new and replacement documents.


by Chris Morran via Consumerist

Cox Joins The 1 TB Data Cap Party

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Fast internet is great for doing stuff. Except that for millions of subscribers, there’s a limit on how much stuff you can do before you start having to pay extra. Cox this week joined the small-but-growing club of providers who have decided that 1 terabyte of data is a nice, round number to set as the outer limit of your access.

DSL Reports points out that Cox Communications (no relation to yours truly) has quietly slipped a new update onto its website.

All speed tiers now come with a “data plan” allowance of 1 TB per month, except for gigabit users. Those subscribers get a 2 TB cap, like so:

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Calling it a data plan, and specifying up top that “unused data does not carry over into the next month” tries to put users on familiar ground. Not familiar in home broadband or cable, mind; familiar to our mobile phone subscriptions.

In this, Cox is mostly just joining the club. Comcast, which recently dramatically expanded its broadband caps to cover huge swaths of the country, bumped their “data plan” to 1 TB back in June, and AT&T followed suit in July.

Cox, like Comcast before it, claims that a terabyte of data is both sufficient and generous, saying 99% of its customers are already covered perfectly well by their current data plan.

The company does not throttle when you hit the cap but, instead, charges for overages. At least, for some subscribers. Specifically, Cleveland-area customers who go over their cap will have to pay $10 for each 50 GB they use over the limit. Everyone else is still exempt from overage billing for the time being. (Sorry, Ohio. In this, Cleveland does not rock.)

Everyone else is off the hook for extra billing, for the time being, though Cox will still send usage warnings at the 80%, 100%, and 170% thresholds. And it seems very, very likely that overage charges will, at some point, spread outward into the rest of Cox’s footprint.


by Kate Cox via Consumerist

Honda Recalls 350K Cars Over Parking Brake Issue

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Earlier this week, Toyota announced it would recall hundreds of thousands of cars over a parking brake issue. Now, Honda is following suit, recalling 350,000 sedans that contain parking brakes that might not work as intended.

Honda announced Thursday the recall of 350,083 model 2016 Civic sedan and coupe vehicles after determining the electric parking brake may not engage properly.

According to a notice [PDF] posted with the National Highway Traffic Safety Administration, if the electric parking brake is applied after turning off the engine, it may not engage.

“The software for the Vehicle Stability Assist Electronic Control Unit may prevent application of the [electric parking brake] when it is applied immediately after turning the vehicle ignition off,” the company says, noting that the condition does not occur if the parking brake is applied before turning off the vehicle ignition.

If the electric parking brake cannot be applied, the “BRAKE” warning indicator in the instrument panel will blink for 15 seconds to alert the driver.

In the case that the parking brake does not engage, Honda says the vehicle could roll away, increasing the risk of a crash.

Unlike the Toyota recall — which involved the brake cable disengaging unexpectedly — Honda says it is unaware of any injuries or crashes related to its recall.

Honda says it will notify owners of the recall beginning next month. Dealers will update the vehicle’s software to allow the parking brake to engage immediately after the ignition is turned off.


by Ashlee Kieler via Consumerist

Samsung’s Galaxy Note 7 Debacle Will Likely Cost Company $3B

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Surprise! All the trouble Samsung has had with its Galaxy Note 7 — the non-recall, the official recall, scrapping the production of the devices, and finally, the recall of replacement phones — is going to hit the company where it hurts: right in the piggy bank.

Samsung Electronics said today that it’s expecting to take a $3 billion loss in operating profits over the next two quarters after putting the permanent kibosh on Note 7 production due to the tendency for the devices to suddenly start smoking or explode.

According to the company, the profit reduction linked to the decision to drop the Note 7 is expected to be in the mid-2 trillion won (about $2.2 billion U.S.) in the October-December period of this year, and around $1 trillion won (about $900 million) for the first quarter of next year.

The company has been shifting its profit estimates ever since it recalled millions of Note 7 devices and stopped production on the phones: on Wednesday, Samsung cut its profit estimates for the third quarter from 7.8 trillion won ($6.8 billion) down to 5.2 trillion won (about $4.6 billion), The New York Times notes.

“Moving forward, Samsung Electronics plans to normalize its mobile business by expanding sales of flagship models such as the Galaxy S7 and Galaxy S7 edge,” the company said in today’s announcement. “Additionally, the company will focus on enhancing product safety for consumers by making significant changes in its quality assurance processes.”


by Mary Beth Quirk via Consumerist

DeVry University Must Stop Claiming That 90% Of Grads Get Jobs

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Many for-profit college chains recruited students through ads touting exceedingly high job-placement rates, but as we’ve seen from the recent collapses of chains like Corinthian Colleges Inc. and ITT Tech, those placement statistics can be artificially inflated. This week, for-profit educator DeVry Education Group agreed to be more honest and transparent about the job-placement claims in its ads and recruitment materials.

DeVry had long touted in its marketing that, since 1975, 90% of its graduates seeking employment had found jobs in their respective fields within six months of graduation. However, as part of a new settlement with the Department of Education, the school has agreed to stop making this claim.

The settlement [PDF], which also requires DeVry to increase its five-year letter of credit to no less than $68.4 million and better disclose job-placement rates to prospective students, stems from an Aug. 2015 request by the Dept. of Education that the school provide data and other information to substantiate the 90% claim.

After reviewing the information that DeVry provided, the Federal Student Aid office found that the school could not provide evidence to support the claims.

“Students deserve accurate information about where to invest their time and money, and the law is simple and clear: recruitment claims must be backed up by hard data,” U.S. Secretary of Education John B. King Jr. said in a statement.

Under Thursday’s settlement, DeVry must immediately cease marketing claims that include the “Since 1975 Representation,” stop making claims about post-graduation employment rates without proper data, must prominently disclose for two years a notice on its website homepage regarding its failure to substantiate the “Since 1975” claim, and take steps to scrub the claim from all of its websites and those under its control.

Additionally, DeVry will participate in federal student aid programs only through a provisional program participation agreement. If DeVry does not comply with all requirements of the settlement, it could be prohibited from participating in federal student aid programs.

As for the school’s requirement to post a letter of credit of no less than $68.4 million, the Dept. of Education says those funds could be used to pay refunds owed to or on behalf of current or former students if the school closes.

The Dept. of Education cautions that Thursday’s settlement only resolves a “single, unsubstantiated claim and does not prohibit the Department from imposing future enforcement actions against DeVry in the event of additional findings.”

In Jan. 2016, the Federal Trade Commission accused DeVry of misleading consumers about the job-placement rates in graduates’ chosen fields of study, and alleges the school falsely claimed graduates would earn more than those graduating with bachelor’s degrees from other colleges or universities. That case is still pending; on Oct. 3, the judge noted that a recent settlement meeting had not resulted in an agreement. The Dept. of Education says it will continue to work with the FTC on this lawsuit.

The Dept. of Education says in a statement that it will continue to work with the FTC on the lawsuit.

Sen. Dick Durbin, of Illinois, applauded the Dept. of Education’s settlement with the school on Thursday.

“Requiring that DeVry make honest disclosures to students of their actual job placement results and that the school provide a letter of credit to protect taxpayers in the future are prudent steps when we consider our recent experience with other for-profit schools,” Durbin said, referring to the recent closure of the ITT Technical Institute chain. “I commend the Department of Education for making it clear that the days of misleading students and leaving taxpayers holding the bag are coming to an end in the for-profit college world.”

Thursday’s settlement is just the latest issue DeVry has faced. In addition to the FTC’s Jan. 2016 lawsuit, the Department of Veterans Affairs announced in March that it would suspend the school’s status as a Principles of Excellence institution.

The VA’s Principles of Excellence status is bestowed on schools that agree to provide students with a personalized form covering the total cost of an education program, ensure accreditation of all new programs prior to enrolling students, and end fraudulent and aggressive recruiting techniques and misrepresentations.

More recently, in September, the company said it would limit federal financial aid funding to only 85% of its revenue. This figure will include funds from the Department of Veterans Affairs and military tuition assistance. That’s important to mention, because those two funding sources are not currently included in the 90/10 calculation.


by Ashlee Kieler via Consumerist

Get Excited: U.S. Airlines Will Probably Raise Ticket Prices Next Year

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Now that we’ve all gotten used to cheaper flights amid low fuel prices over the last few years, it’s time for the the airline industry to do its best to tick everyone off again by sending fare prices upwards once again.

Delta Air Lines is kicking things off by extending its capacity growth of only 1% in the fourth quarter to all of 2017, Bloomberg reports, as Chief Executive Officer Ed Bastian cites “the weakest revenue environment in recent memory.”

Keeping capacity low means higher ticket prices as travelers compete for those limited seats, and other airlines will likely follow Delta’s. And if everyone makes like Delta, maintaining a stranglehold on seat capacity, capacity will only grow about 3% in 2017, the tightest in three years, JPMorgan Chase & Co. analyst Jamie Baker wrote on Thursday in a client note.

Carriers now want to see an increase in what’s known as passenger revenue per available seat mile, wherein one seat mile is one seat flown one mile, which is the standard capacity gauge, Bloomberg explains. Delta’s decision to keep capacity growth low next year will “turn up the heat on American and United to demonstrate similar conviction” to reverse unit revenue declines, Baker wrote.

Higher fares will also help airlines face more expensive fuel, with carriers expecting to pay higher prices next year. Some airlines will also have higher wage costs if labor groups sign off on deals currently in the works: Delta and its pilots recently reached terms for a new four-year contract that involves a 30% raise; and Southwest Airlines pilots are voting on a new agreement with a 29% increase in salary. Southwest and United both reached tentative deals with flight attendants this summer as well.

We’ll likely find out soon if American Airlines and United Airlines will limit capacity next year, as both carriers will report their quarterly results next week.

The Cheap Airfare Party Is About to End [Bloomberg]


by Mary Beth Quirk via Consumerist

Wells Fargo Employee: Bank Hid Truth About 401(k) Plan Amid “Criminal Epidemic”

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Thousands of Wells Fargo employees have already been fired for opening unauthorized accounts to meet sales goals, but what about all of those employees who remain at the bank? They’ve seen the value of their 401(k) retirement plan sink during this fake account fiasco, and some are saying that Wells hid the truth from them about the huge bogus account sinkhole that was waiting to collapse underneath them.

“Defendants intentionally withheld material non-public information from [401(k)] Plan Participants invested in Wells Fargo stock and the public at large about a criminal epidemic at Wells Fargo associated with a critical component of Wells Fargo’s business model and key driver of its stock price – i.e., cross-selling,” reads a complaint [PDF] filed recently in a federal court in Minnesota.

The lawsuit contends that Wells Fargo senior executives knew that the company’s high-pressure sales goals and incentives — pushing employees to cross-sell customers on multiple Wells products — were leading some employees to game the system by opening unauthorized accounts in customers’ names. Thus, alleges the complaint, the Wells stock was artificially inflated. The Wells Fargo share price is currently down around 10% from its high point in early September.

The 401(k) plan at the core of the lawsuit is heavily invested in the bank — the complaint also notes that the bank’s matching funds are in the form of Wells stock — and has seen its value drop by around 12% since the scandal broke.

The plaintiff, who seeks to represent all participants in the plan who have invested money since the beginning of 2014, claims that senior Wells executives sold off their shares in the bank before the bank acknowledged the fake accounts publicly.

“As a result of this, as well as other conflicts of interest and fraud, Defendants violated their fiduciary duties to the Plan participants in violation of [the Employee Retirement Income Security Act], causing no less than hundreds of millions of dollars in damages to the Plan,” alleges the suit.

However, Bloomberg points out that this lawsuit faces an uphill battle, as recent, similar actions by employees at Whole Foods, BP, and RadioShack, were each ultimately thrown out out court for failing to meet the threshold for bringing an ERISA suit.


by Chris Morran via Consumerist

Glitch Blamed For Latest United Airlines Delays

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While most of us were catching a few “Zs” last night, thousands of United Airlines passengers were waiting in terminals, sitting on planes on a tarmac, or otherwise biding their time as the carrier suffered yet another computer glitch delaying flights around the world. 

Reuters reports that a computer glitch temporarily halted the departure of United Airlines flights over night before being resolved around 3 a.m. (ET).

The airline says the issue involved its weight reporting system, which caused system-wide flight delays.

“We’re aware of an issue with our system & are working to resolve it,” the company said on Twitter.

The carrier announced that the system was resolved around 3 a.m. (ET) and that flights would begin to operate as normal.

Passengers reported on Twitter that they waited up to three hours on planes or were stuck inside mostly closed terminals during the delays.

In addition to causing issues at airports, the glitch also reportedly took down the carrier’s website and mobile app.

This is, of course, the third major glitch for United this year. In June, United’s flight plan briefly lost functionality. A month later, the airline’s flights were disrupted when a glitch blocked access to reservation records.

New computer glitch delays United Airlines flights [Reuters]


by Ashlee Kieler via Consumerist

Subway Worker Accused Of Filming Women In The Restroom

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A Subway employee in Seattle is facing charges of voyeurism and possession of child pornography after allegedly filming women in the restaurant’s bathroom without their knowledge.

According to prosecutors, the incident occurred last year when the employee was 20 years old, reports SeattlePI.com. The manager said he was cleaning the women’s restroom one day when he saw a bunch of paper towels scattered on the floor. He went to sweep up the pile, and found a phone that was in the process of recording.

He played the clip, and only saw a pair of khaki pants and black shoes. When he told other employees about the phone, the suspect allegedly grew increasingly nervous and told the manager to hand over the phone.

That’s when the manager realized that the worker was wearing khaki pants and black shoes, just like the person he saw in the phone’s footage.

“It’s you,” the manager told the worker, prompting the suspect to start repeatedly apologizing. The manager fired him and kept his phone. According to reports, the suspect had seemed eager to volunteer to clean the restroom in the past.

Police took custody of the phone, and had a conversation with the suspect the next day. The worker said he “made a mistake” and that “he had seen something similar on the internet and just tried it at Subway,” but didn’t specify what he meant.

According to court documents, there was a video on the phone showing at least three women using the toilet. Further investigation by police uncovered images featuring a minor in sexual positions or engaging in sexual conduct.

This is far from the first time we’ve heard of folks allegedly filming customers surreptitiously at their place of business:

• In 2015, the co-owner of a Maryland restaurant was accused of creeping on women with a camera hidden in the bathroom;

• A Foot Locker employee in New York City admitted to filming women using the restroom in 2014;

• Also in 2014, there was the man who said he’d hidden cameras in ladies’ restroom stalls at multiple Texas restaurants;

• And then there was the taco restaurant cook in Chicago who was accused of filming the ladies’ room with — you guessed it! — a hidden camera phone in 2013.

Charges: North Bend Subway worker caught filming in women’s restroom [SeattlePI.com]


by Mary Beth Quirk via Consumerist

The Newest Feature In Air Travel: Fireproof Bags For Exploding Phones

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Although it was no doubt scary when a Note 7 recently caught fire on a Southwest flight, the passengers and crew in that case were lucky that the plane was still on the ground at the gate. It was easy to get everyone off the plane safely and quickly. That option doesn’t exist at 30,000 feet, but the number of devices — and therefore, potentially flammable devices — on board is only going to keep going up. The solution? Swift containment.

That comes in the form of “fire containment bags,” the AP reports. The bags are bright red, made of fire-resistant materials, and are designed to hold not just phones but laptops or tablets as well. They close with velcro and heavy zippers, and can withstand temperatures up to 3,200° F (1760° C).

According to the AP, Alaska Airlines was the first U.S. airline to install the bags across its whole fleet. It’s had them on board all 219 of its planes since May, well before the Note 7 became the poster-child for “by the way, batteries can be flammable” worldwide.

Unsurprisingly, Virgin America — purchased by Alaska in April — followed suit, and now has the containment bags on all of its planes as well.

Delta will be up next; in a call this week, the AP reports, the airline said that all 900 or so of its craft will eventually sport the bags on board, but the first priority are the jumbo jets that fly transatlantic and transpacific routes. In 2017, the airline will expand the bags into domestic flights, including supplying “regional airline partners.”

United, Southwest, American, and JetBlue all told the AP that they don’t have any immediate plans to add fire-containment bags to their aircraft, but did specify that their flight crews are trained in how to react to and fight the kind of fire that a phone can cause.

Airlines add ‘fire containment bags’ for overheating phones [Associated Press]


by Kate Cox via Consumerist

Consumerist Friday Flickr Finds

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Here are six 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.

Caleb T Sommerville
Skip Nyegard
吉姆 Jim Hofman
Brian Rome
Rich Renomeron

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

Thursday, October 13, 2016

We Throw $62 Million Worth Of Coins In The Trash Every Year

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The ash that’s left after incinerating garbage is not pleasant to look at or smell, but it’s still very valuable. How? The massive furnace leaves behind metal, including coins. It turns out that we throw away a lot of coins, as well as the occasional diamond ring Chuck E. Cheese’s token.

Just one trash incinerator near Philadelphia pulls around $360,000 in coins alone out of the mass of burned metal. How do they do that? The facility’s operator, Covanta, spent $70 million on magnets and other equipment for sifting through trash that’s been incinerated, getting back tens of millions every year in recovered scrap metal that’s sold to other companies even when the U.S. Mint isn’t buying burned-up coins.

See, Covanta can’t just go dump the blackened coins in the nearest Coinstar machine: they turn them in at the U.S. Mint (conveniently located in Philadelphia) as part of a program to get back and melt down damaged coins. That program has been on hold for almost a year due to problems with counterfeit currency, and the incinerator is just piling up coins to be turned in when it comes back.

Calculating based on the amount of coins that it pulls from the trash in its own facilities, Covanta estimates that the nationwide tally of coins that end up in the trash is around $61.8 million per year. Be careful when cleaning out your pockets, people!

We Toss $62 Million of Loose Change Every Year. This Company Wants Some of It [Bloomberg News]


by Laura Northrup via Consumerist

Grocery Shrink Ray Swipes A Few Junior Mints

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The Grocery Shrink Ray is the reason why a “half gallon” container of ice cream is no longer half a gallon (with notable exceptions), and why toilet paper squares are no longer four inches. Products shrink almost imperceptibly over time, sometimes disguised by a package redesign. The latest place it has hit? Junior Mints.

Arguably, we as a species could stand to eat less sugar, but that isn’t really the point here. The point is that reader Jim happened to buy two boxes of Junior Mints at the moment when the candy was transitioning from 4-ounce boxes to 3.5-ounce boxes. This was a noticeable difference when he was holding both boxes at once, but probably would have been less noticeable if all of the larger boxes were gone.

junior_mints

CVS has already corrected its systems, though. “Naturally I bought
the larger ones,” Jim wrote (naturally), “but they rang up as 3.5 ounces, confirming the same UPC code.”

Keep an eye out for shrink rayage. Stay alert, and always pick the larger package when shrinkage is at hand.


by Laura Northrup via Consumerist

Skincare Marketers Barred Over Deceptive Marketing and Billing Practices

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A year after federal regulators received a court order temporarily shutting down a group of marketers allegedly using deceptive online “risk-free trials” to entice customers into buying skincare products, the agency officially received orders barring the companies and their operators from using the deceptive tactics to promote their products. 

The Federal Trade Commission announced Thursday that 29 defendants who sold Auravie, Dellure, LéOR Skincare, and Miracle Face Kit branded skincare products agreed to court orders with the FTC or had default orders entered against them.

According to the original complaint [PDF], filed in June 2015 and amended in Oct. 2015 to add eight additional companies, the California-based marketers allegedly used deceptive offers to trick consumers into providing their credit or debit card information to charge them full price for the product and enroll them in recurring programs for additional fees.

Like the equally deceptive weight loss supplement marketing schemes, these marketers used pop-up advertisements, banner ads, and advertising space on third-party websites – including Amazon.com, Huffingtonpost.com, and Lowes.com – to tout “risk-free trial” offers to direct consumers to their websites.

The sites – aurviefreetrial.com, auraviewtrialkit.com, and mymiraclekit.com, just to name a few – then instructed visitors to provide their credit or debit card information to pay shipping fees of $4.95 to receive the trial offer.

The companies also used deceptive pop-up advertisements that discourage consumers from leaving their websites without accepting a trial offer. If customers attempted to leave, a text box appeared, offering to ship the trial offer at an even lower shipping price.

Customers who did pay for the free trail say they were charged far more than the stipulated shipping fees.

The FTC alleges that, unbeknownst to customers, the companies often charged full-price for the product – at times up to $97.88 – on a recurring monthly basis, thanks in part to terms hidden in the fine print on the websites.

When customers attempted to cancel their trial and unwanted subscription plans, the marketers made it extremely difficult.

For example, the “100% satisfaction guarantee” touted by the companies only allowed customers to return opened products within 10 days of the purchase. However, the products generally didn’t arrive until after – or nearly after – that 10-day window.

Additionally, the companies failed to disclose that returns of unopened products could only be made within 30 days of purchase.

Since the time the FTC filed its complaints, it has approved five court orders that bar the companies from selling products through a “negative option,” in which the consumer’s silence is interpreted as consent to receive and pay for goods and services.

The orders also bar them from future deception and credit card laundering, and requires the companies from surrendering virtually all of their assets to the FTC, totaling over $2.7 million.


by Ashlee Kieler via Consumerist

Cemetery’s New Owners Ban Mourners From Visiting Graves

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Allowing mourners to visit the graves of their dearly departed might seem like the sole function of a cemetery, but that is exactly what the new owners of a graveyard in Pennsylvania don’t want happening on their property.

The small cemetery in Berks County and the church adjoining it were sold at auction in 2010, the Reading Eagle reports. And in the years since, the owners have been trying to keep visitors out and prohibit future burials: In 2013, the owners announced they wouldn’t honor plots sold by those who had previously owned the cemetery. Then a year later, “no trespassing” and “private property” signs started popping up around the cemetery.

Relatives of the deceased say they were warned that police would be called if they kept coming to visit, that their flowers and flags would disappear within days of visiting, and thatthe grass would remain uncut for weeks at a time.

Last August, the owners filed a civil lawsuit seeking to permanently ban visitors from entering the cemetery, and gave the family members the option to exhume the bodies of their loved ones to be re-interred somewhere else.

Families of the deceased gave testimony during a hearing of the state’s House GOP Policy Committee, stories that will be used to push a bill that would guarantee “reasonable access” by the relatives of those buried in privately-owned cemeteries, the Eagle notes.

One woman said during the hearing that she bought a plot next to her husband, who passed away in 1995. But now she says she was told she can’t be buried there, WGAL-8 reports.

“It’s cruel,” she said.

“The dead are not their property. It’s not real estate,” another cemetery visitor said.

The family claims they were unaware that the cemetery was still operational when they bought the property, their attorney says, and just wanted an office building to rent as an investment property.

“It’s a tough situation for everyone,” the family’s attorney told Philly.com. He says that the couple looked for ownership deeds for the families that had plots, but didn’t find any.

“My clients understand [the families] feel like they got ripped off,” he said, adding that the owners hope to reach a settlement that “relieves them of any potential liability” for burials and visitors, or obtain a court order “finding that it’s private property and anyone seeking to come on the property needs permission.”

Hearing on proposed legislation about cemetery access will be held in Caernarvon Township [Reading Eagle]
New owners of Berks County cemetery post ‘no trespassing’ signs; Visitors upset with changes [WGAL-8]
Chesco family buys cemetery, sues to keep mourners out [Philly.com]


by Mary Beth Quirk via Consumerist

Apple: No Evidence Apple Store Workers Stole Photos From Customers’ iPhones

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Even though Apple fired several Apple Store employees accused of stealing photos from female customers’ iPhones, the company says that there is no evidence that any such theft occurred.

The investigation was initiated after the Courier Mail reported earlier this week that employees of an Apple Store in Queensland, Australia had been fired upon the discovery that they were sharing photos of female customers and employees, according to CNET.

The retailer says that it was looking into reports of violations of its business conduct policy at the store “where several employees have already been terminated as a result of our findings.”

Still, the company says it found “no evidence that customer data or photos were inappropriately transferred or that anyone was photographed by these former employees.”

According to the Courier Mail, staff at the store reportedly took photos of female customers and employees, and allegedly stole photos from customer phones left at the location for repairs.

The issue was apparently first reported by another employee who discovered one of the alleged perpetrators scrolling through a customer’s phone.

The Courier Mail alleged that the photo pilfering was part of a sharing ring, with the subject of each shared photo being rated on appearance on a 1 to 10 scale.

If the employees did indeed take photos from the customers’ phones it would just be the latest in a long line of tech companies doing so.

Back in 2007, Consumerist’s three-month sting operation caught a Geek Squad technician — on video — stealing porn from our hard drive. That investigation was initiated after complaints by current and former Geek Squad techies, as compiled in the 10-page Geek Squad confession, “Stealing Customers’ Nudie Pics Was An Easter Egg Hunt.”

More recently, a Radio Shack employee was charged with allegedly stealing racy personal photos off a customer’s cellphone.

Apple: ‘No evidence’ of photo theft from phones left with store [CNET]


by Ashlee Kieler via Consumerist

Verizon: Yahoo Has To Prove Impact Of Data Breach Isn’t “Material”

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It sounds like Yahoo has some explaining to do if it wants Verizon to go ahead with the $4.8 billion deal to buy its internet business: Verizon says it’s inclined to declare the impact of the massive data breach that affected at least 500 million Yahoo users as a “material” event.

“I think we have a reasonable basis to believe right now that impact is material,” Verizon General Counsel Craig Silliman told a small group of reporters, as reported by The Washington Post. “And we’re looking to Yahoo to demonstrate to us the full impact if they believe it’s not. They’ll need to show us.”

Even though U.S. officials have said privately that the Federal Bureau of Investigation believes that Russian government hackers were behind the breach, the state-sponsored nature of the attack doesn’t affect the analysis of materiality, he added. A material event could be anything that affects an organization’s strategic direction, mission, or business operation.

“From a legal perspective,” he said, “the question… ‘is it a state-sponsored attack’? isn’t really relevant in terms of what we’re looking at. The question is whether this [had] a material or an adverse effect on the asset we are buying.”

Yahoo says the investigation — still ongoing — has not turned up any evidence that ant payment card data or bank information was included.

Verizon just raised a big warning flag for Yahoo [The Washington Post]


by Mary Beth Quirk via Consumerist

Why Don’t Carriers Just Kick The Galaxy Note 7 Off their Networks?

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Even when a recall is heavily publicized, not all of the items are recovered and returned to the manufacturer. That may be the case with the Galaxy Note 7, a smartphone that has a small chance of suddenly exploding for reasons that even the manufacturer still doesn’t fully understand. So why don’t phone carriers just block the devices from their networks, or why doesn’t Samsung remotely brick the devices to force customers to stop using them? Turns out that’s a tricky legal and ethical issue.

Here’s the problem: it’s not the customers who did anything wrong. While the Consumer Product Safety Commission can compel companies to take action, and ban the sale of recalled items, the CPSC doesn’t actually have any power over civilians.

Pamela Gilbert, the former executive director of the CPSC, doesn’t think that bricking phones from afar is a good idea, even if users were warned ahead of time. “It’s a terrible idea because people really do need to use their phones,” she told our sibling publication Consumer Reports. “You don’t want to turn off people to the recall system.”

At the same time, the phones pose a hazard to users and to people around them. The prospect of a phone catching fire on a commercial airliner has been especially prominent during the Note 7 non-recall and recall crisis.

Given the heavy publicity, it would be surprising if anyone connected enough to own a smartphone didn’t now about the recall, but some people are defiantly refusing to relinquish their phones, preferring to play the odds.

Samsung is trying to use a carrot instead of a stick: it’s offering customers in the United States a $100 credit to switch to the Galaxy S7 or S7 Edge. Both of those phones are significantly less flammable, but have also been on the market for longer, so you might be better off just taking the cash and going phone shopping. Just maybe don’t go shopping on Best Buy’s website, where iPhones are now mysteriously marked up.

Can Carriers Cut Service to Samsung Galaxy Note7 Phones? [Consumer Reports]


by Laura Northrup via Consumerist

Help Us Figure Out Your Fast-Food Frequency

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When Greg Creed, the curiously Australian CEO of Yum Brands, recently boasted that “Half the U.S. population eats Taco Bell once a month,” we got to wondering: Just how frequently do people visit the country’s most popular quick-service eateries?

It’s pretty simple: Take our quick survey of the nation’s top 20 non-seasonal fast food chains. For each one, just pick an answer from the drop-down list that most accurately reflects how often you eat that brand’s food (or drink their coffee in some cases). We’ll tell you about the results in an upcoming story.

This is not meant to be an evaluation of quality, as you might frequent Chain X because it’s the only thing to eat near your home or office, or because your friends or family always demand it. Conversely, you might eat at Chain X rarely because there aren’t any in your area or your family doesn’t share your affection for the menu there.


by Chris Morran via Consumerist

Chicago Might Be Next To Try Tax On Sodas & Sugary Drinks

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Days after the Whole Health Organization announced it supported taxes on sugary drinks in order to curb obesity, the largest county in Illinois is weighing that option — following in the footsteps of Berkeley, CA, and Philadelphia, where a similar tax is now subject to a beverage industry legal battle.

ABC 7 Chicago reports that the 2017 budget for Cook County — where Chicago is located — includes a plan for a sugary beverage tax.

Much like the pending Philadelphia tax, the Cook County “sweetened beverage tax” proposal bases the amount of the tax on the size of the beverage being sold. In this case, the county would get $.01 per ounce. Supporters of the tax say it would bring in $75 million per year for the county.

The tax would not apply to water, different kinds of milk, and baby formula.

Funds derived from the tax would be used by the county to close a growing budget gap, avoiding the need to cut public health and safety services, ABC 7 Chicago reports.

Of course, the possible tax was not welcomed kindly by the Illinois Beverage Association, which believes the tax would become a burden on residents. For example, the IBA calculated that a two-liter bottle of soda priced at $0.99 would cost an additional $.68 cents with the tax.

This approach, say critics, penalizes people for trying to save money by purchasing in bulk or generic products.

“Now is not the time for Illinois families to endure a tax on their groceries,” Claudia Rodriguez, IBA Acting Executive Director, said in the statement. “Enough is enough. Nearly 90,000 jobs in restaurants, grocery stores, convenience stores, movie theaters and more rely on the industry – all of which could be hurt by a proposed tax.”

Opinions of residents in the county have varied so far, ABC 7 Chicago reports, with some residents feeling the tax is too high, while others believe it could help reduce obesity and overall health of the communities. The locals will have their chance to voice opinions at one of the several public hearings on the proposed tax.

Cook County Board Considers Tax On Sugary Drinks [ABC 7 Chicago]


by Ashlee Kieler via Consumerist

Lawsuit: Disability Rights Group Claims Uber Violates U.S. Wheelchair Accessibility Laws

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A Chicago disability rights group is suing Uber in federal court, claiming that the transportation company doesn’t provide reliable access to vehicles equipped to handle wheelchair accessible vehicles, in violation of U.S. laws.

Access Living of Metropolitan Chicago filed the lawsuit on Thursday, calling the ride-hailing company’s UberWAV service, which is supposed to dispatch wheelchair-accessible vehicles, “unusable” for folks in motorized wheelchairs, reports DNAinfo.

There just aren’t enough of the vehicles to serve riders in Chicago, the lawsuit claims, with customers saying the cars are often not available. For example: one resident who uses a wheelchair says that even if he’s lucky enough to find one of the WAV vehicles, he’d have to wait for it to cross the city to reach him.

“No one would use Uber if the entire service worked this way,” he says.

To that end, the suit says, between Sept. 2011 and Aug. 2015, Uber provided just 14 rides to customers who require special vehicles. That’s out of a total 1.9 million rides in Chicago since June 2015, the complaint alleges.

“Transportation access has always been a central issue of civil rights for people with disabilities,” Steven P. Blonder, lawyer for Access Living, said in a statement via DNAInfo. “As a growing player in our transportation system, Uber is responsible for delivering its part of that link.”

We’ve reached out to Uber for comment and will update this post when we hear back.

Uber Sued By Chicago Group Claiming Lack Of Wheelchair Accessibility [DNAinfo]


by Mary Beth Quirk via Consumerist

Best Buy Selling iPhone 7 Devices At $50 To $100 Markup

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In general, retailers sell new Apple products at the sticker price set by the tech giant, but if you want to buy a new iPhone through the Best Buy website you might end up paying up to $100 more than what you’d pay elsewhere.

9 To 5 Mac reported Thursday morning that Best Buy is charging $50 to $100 more for the new iPhone 7 devices.

A look at Best Buy’s website shows some confusing pricing for the starter 32GB iPhone 7:

iphone-7-bb2

While the installment pricing offer of $27.04/month for 24 months comes out to the actual $649 price of the phone, for some reason Best Buy is charging $699 if you want to buy the device outright.

Similarly, Best Buy’s installment price for the iPhone 7 Plus is the same as Apple’s $769 sticker price, but the buy now full price is $869 — $100 more than what you should be paying:

iphone7-bb

Apple’s website confirms that the company has not changed the retail prices on either of these devices:

screen-shot-2016-10-13-at-11-32-01-amscreen-shot-2016-10-13-at-11-31-30-am

9 to 5 Mac notes that the markup price at Best Buy isn’t entirely unusual, as the company has done the same with previous version of the iPhone.

While the markup could have been the result of a supply and demand issue — some iPhones were difficult to find when first released — the devices are now more readily available at Apple stores and online.

As 9 to 5 points out, the discrepancy between the installment price and Best Buy’s price is likely due to the fact that the wireless providers determine the installment rates. So if you’re going to purchase a phone through Best Buy, that installment plan seems to be the only way to get the better price.

Consumerist has reached out to Best Buy for comment on the pricing differences. We’ll update this post when we hear back.

PSA: Careful out there, Best Buy is charging $50 to $100 over full price MSRP for the iPhone 7 [9 to 5 Mac]


by Ashlee Kieler via Consumerist

New Wells Fargo CEO Recently Denied “Overbearing Sales Culture” That Created Fake Account Fiasco

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Yesterday afternoon, Wells Fargo CEO John Stumpf announced his sudden “retirement” from the bank that continues to deal with the fallout of a fake account fiasco that saw thousands of Wells employees opening up millions of bogus, unauthorized accounts just to meet high-pressure sales goals and quotas. However, the Wells exec who has stepped into the CEO spot has a history of denying that any such atmosphere existed at the bank.

Fortune.com dredged up some things that new CEO Tim Sloan said in the years and months leading up to the Sept. 2016 $185 million settlement over the fake accounts, and the exec has repeatedly shaken off allegations that the bank’s policies inadvertently encouraged employees to use fake accounts to game the system.

While there are now indications that this chicanery might go back a decade or more, the fake accounts were first spotlighted in 2013, when the L.A. Times confirmed that some bank employees had been fired for opening up fake accounts to meet sales goals.

It’s around this time that Stumpf claims he first learned of the problem, though nothing was done to pull the plug on the questionable quotas believed to be the root cause of the bad behavior.

Forbes notes that in Dec. 2013, then-Chief Financial Officer Sloan told the Times, “I’m not aware of any overbearing sales culture.”

As the scrutiny over the fiasco grew, Sloan was promoted to President and Chief Operating Officer at Wells. He was the one who gave Carrie Tolstedt — the head of the bank’s retail division — that she would be “retiring” this past summer. But through it all, he maintained that Wells Fargo’s practice of constantly pushing employees to upsell and cross-sell financial products was not going to change.

“Because when you think of our vision, it’s to satisfy our customers’ financial needs, and to help them succeed financially,” he explained to American Banker in a June 2016 interview, adding that the “fundamental strategy that we have is not going to change.”

New Wells Fargo CEO Just Months Ago Denied the Bank Had a Sales Problem [Fortune]


by Chris Morran via Consumerist

CheapAir Is The First U.S. Online Company To Sell Scheduled Flights To Cuba

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Now that U.S. airlines can finally fly regularly scheduled flights to and from Cuba, at least one stateside online booking company is joining in the fun.

CheapAir.com says it’s the first U.S. online company to sell tickets for both charted and scheduled airline service to the nation, reports the Miami Herald.

Right now, American Airlines, JetBlue, and Silver Airways are flying scheduled service to Cuban cities (Havana not included, at the moment). American Airlines will likely be the first approved airline to head to Havana with a flight from Miami scheduled to start regular trips on Nov. 28. Eight major airlines will eventually offer flights to 10 destinations in Cuba.

“Thanks to that, it has greatly expanded the inventory of Cuba flights we’re offering,” Jeff Klee, the founder and chief executive of CheapAir told the Herald.

While some booking sites offer discounts, CheapAir will be selling tickets for the same prices as the airlines do. So why through the site? Klee says it will provide travelers the chance to compare various airlines’ fares and mix and match travel segments among those airlines.

“As far as I know we are the first U.S. online company to do Cuba,” he said.

In March, the Obama administration announced amendments to federal regulations governing travel to Cuba, with the changes that made it easier for people to travel to the island nation. Until that point, Americans could travel to Cuba, but usually only if they were part of a large educational group or they work as a journalist.

The rules now allow for “people-to-people educational travel”: as long as you have a “full-time schedule of educational exchange activities intended to enhance contact with the Cuban people, support civil society in Cuba, or promote the Cuban people’s independence from Cuban authorities,” you can travel to Cuba.

CheapAir.com begins selling scheduled flights to Cubaa [Miami Herald]


by Mary Beth Quirk via Consumerist

Deadly Bacterial Infection Linked To Machine Used During Heart Surgeries

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Non-tuberculosis mycobacteria are among the germs that just are just sort of everywhere and don’t do much harm to people. The exception, though, is when they gain access to a person’s chest cavity or an artificial heart valve, and can be deadly. The bacteria get there by hitching a ride from a piece of surgical equipment, and patients generally aren’t warned that this is a risk during operations involving the heater-cooler machine.

The devices work alongside a heart-lung machine during surgeries that require its use, ensuring that the patient’s blood is returned to their body at the right temperature.

FDA

They’re essential in these operations, but problems with them can also cause deadly outbreaks. While an investigation into an outbreak in Greenville, SC that sickened 15 people and killed four found the bacteria in multiple spots around the hospital, one of those spots was the heater-cooler machine used in chest surgeries.

“Only the heater-cooler device is capable of aerosolizing that bacteria and spraying it directly into the chest cavity during surgery,” an attorney representing one patient’s family in a wrongful death suit against the hospital told our sibling publication, Consumer Reports.

There have been more incidents involving the machines and non-tuberculosis mycobacteria (NTM) in the years since that outbreak in South Carolina. In the last six years, the Food and Drug Administration knows of at least nine deaths and at least 45 infections linked to the machins, mostly to devices from a European company, LivaNova.

The problem is that the FDA doesn’t make public the names of the hospitals where these incidents happened. The devices are essential to what are now common surgeries, and the FDA says that while the absolute risk is small, it’s possible for bacteria to escape the cooling system and be aerosolized around the room… including into the patient’s open chest wound.

Infections are so rare and the bacteria grow so slowly that an infection may not become bad enough to seek medical attention until years after the surgery. Yet at a recent FDA panel on the topic, surgeons debated whether it’s wise to alert patients, potentially frightening them even more before live-saving surgery, over something with a very small abolute risk.

Yet if patients aren’t told what symptoms of NTM would look like and what to look for in the coming years, that puts them at a disadvantage.

“Without that notice, patients don’t know what symptoms to watch out for and can’t be promptly treated with antibiotics, making recovery less likely,” expolains Lisa McGiffert, director the Safe Patient Project at Consumer Reports.

The Frightening New Risk in Heart Surgery [Consumer Reports]


by Laura Northrup via Consumerist