Home / consumerist.com rss archive / September-11-2007


Recalls: Walmart Pulls Foot Burning FlipFlops
Walmart says it has pulled thousands of cheap sandals that had of customers complaining about painful, lingering rashes, WFTV in Florida reports.Kerry Stiles, whose graphic website about her raw and peeling feet first broadcast the issue, says she has received over 140 complaints from similarly afflicted Walmart flipflop buyers. Two months after getting injured, Kerry's feet are still "raw and tender." Walmart says they're going to test the sandals. So is Kerry, as she is thinking about a lawsuit. Woman Considering Lawsuit After Wal-Mart Sandals Hurt Her Feet [WFTV] (Thanks to Aaron!)

Negotiations: Here's An Idea, Crossing Out Objectional Contract Provisions
Most consumers don't realize that corporate contracts aren't set in Jesus stone, but are negotiable documents. While we've heard of doing what the Corporateering site suggests when buying a new car...3. Change a corporate contract. Corporations typically require individuals to sign long, standardized contracts that often have repugnant clauses, such as a waiver of the right to trial, in the fine print. Next time you are presented with such a contract, read it and cross out the objectionable provisions before you sign. No corporations can force you to sign a contract. Individuals have a right to negotiate that they rarely use...we wonder what would happen if you tried to do this the next time you bought a cellphone and plan at a store. At the very least it would be comical to see their heads explode.Counter-Corporateering Kit [corporateering.org]

Ask The Consumerists: Verizon Is Taking My Phone Away Because It Doesn't Have GPS?
Reader George writes in with a question:Hello Ms. Marco,I had an interesting experience with Verizon Wireless today...I was having trouble paying my bill using my cell phone, so I called them via land line. I paid my bill and I thought all was well...but I was forwarded to a Customer Service representative who informed me that I was going to be shut down...Apparently my Kyrocera 2135, which is several years old but still quite functional, must be discarded because it doesn't meet the new FCC rules for having GPS built in it. My normal contract with them expired years ago and I have been on a month-to-month plan...I was aware of a new law regarding GPS, but I didn't realize that it was fully in effect yet.In fact, a quick look at Verizon Wireless online doesn't indicate that all of the many, many phones they sell are complying with this requirement. A check of the FCC website yielded no assistance.I told the CS rep that I thought he was trying to sell me a new phone and two year...

Crushed Garlic: "The health department does not consider ...
"The health department does not consider a person's shoe or boot a proper instrument to use in food preparation..." [AP]

Civil Rights: Example Home Builder's Contract With Arbitration Clauses
This sample contract from Texas shows how many of your rights some builders try to make you throw away as a condition for using their services. It's all right there in print, sometimes even capitalized, no right to a court or jury trial, evidence is limited, no recovery of attorney's fees, no class actions are allowed, etc etc.No doubt Jordan Fogal signed something very similar, if not the same, before Tremont Homes sold her a self-destructing lemon house. In both cases the arbitration firm is the American Arbitration Association.HOME PURCHASE AGREEMENT("Contract")Standard Pacific of Texas, Inc. (referred to herein as "our", "us" or "we") agree to sell and convey to: , and (collectively referred to herein as "you" or "your") and you agree to buy from us the following real property and the home and other improvements (the "Home") constructed or to be constructed thereon (the "Property"): Street,County,Texas City,Zip Code LotBlockAddition / Community Section/PhasePlan...

Tech Support: This 60 minutes bit on the rise of "geek" ...
This 60 minutes bit on the rise of "geek" tech support service companies confirms one thing: if you don't know how to use electronic gadgets, maybe you shouldn't be buying them. [60 Minutes]

Gouging You For Your Own Good: Great News! Higher Gas Prices "Good" For You!
A new study from Washington University claims that "the 13 percent rise in obesity between 1979 and 2004 can be attributed to falling pump prices," and that if gas prices were raised by $1 more, obesity levels would drop by 15% over the next 5 years. Apparently the closer the cost of a gallon of gas comes to a monthly gym membership fee, the more gym-like qualities it magically takes on.Actually, according to the article, "Higher gasoline prices can reduce obesity by leading people to walk or cycle instead of drive and eat leaner at home instead of rich food at restaurants." The study's author, health economist Charles Courtemanche, said he got the idea for the study one day while pumping gas—he was thinking that if it got much more expensive, he'd have to take public transportation, which would increase his daily exercise (via walking) by 30 minutes per day. Gas hit a record high of $3.22 per gallon this past May."Higher gas prices seen trimming down Americans" [Reuters]...

Hey Now: Sirius Cancels Loyal Customer's Lifetime Subscription, Charges Him For A New One
Say you're a satellite radio company with a loyal, even evangelical customer—someone who listens daily, who keeps buying your products for the people around him, and who steadily expands his own collection of your hardware and subscriptions. Wouldn't that be a great guy to screw over? Sirius seems to think so.A loyal Howard Stern fan, Marc followed Stern to Sirius in January of 2006. He bought a $500 lifetime subscription—which, like Tivo's old "lifetime" subscriptions, refers more to the lifespan of the devices than to your own. Still, Marc quickly grew to love what Sirius has to offer, and bought additional products, each with their own monthly subscriptions. He was and is, in short, the perfect customer. And then the credit card number they had on file expired, and Sirius canceled all of his accounts at the same time.The nice Sirius customer service agent explains that my entire account has been closed. All four service plans. But, there is Good News,...

Snake Oil: Are Brain-Training Video Games Effective? The Japanese Think So
"Brain Age" and its recently released sequel are hugely popular video games in Japan and the US. What's unusual about this is that the games are made for and marketed to "older people" (which in video game language means "anyone over 25") as a way to improve your mental acuity by keeping your cognitive skills at peak levels. Does any of it work, or is it just a self-help fad for the 21st century? Sharpbrains.com interviews Go Hirano, a Japanese entrepreneur (their description, not ours) who provides a general overview of the current state of "brain training" and its borderline-scientific underpinnings.In the US, the Nintendo "brain training" games are presented as a sort of anti-aging tonic for the 30+ set that grew up on Atari and NES, but in Japan, "brain training" is an entire industry that's been around for years. Most of the scientific studies either for or against the concept, however, have been poorly structured and unverifiable—which makes it a prime marketing...

Shopping: Tips For Shopping At Thrift Stores
Sometimes it seems like thrift stores are on the verge of extinction. What used to be a necessity for college students, "alternative" types, artists, and practical moms have mostly been replaced by "super-low prices" at big box stores, or dirt-cheap fashions from retailers like H&M, Steve & Barry's, or Old Navy. Still, if you've got the time and the right attitude, and you're okay with that vintage/hand-me-down look, you can find some good bargains at thrift stores.In true second-hand fashion, we've collected a bin's worth of suggestions on how to maximize your thrift store shopping, added a few of our own, and thrown it all together in no particular order:Go often - turnover is high in thrift stores.Shop for quality - learn how to spot vintage linens, original recordings, depression glass, or whatever it is you're interested in.Take your time - more than normal retail, thrift stores reward shoppers willing to spend half an hour going through a long rack of clothes...

Tax Tip: IRS Reminds You To Keep Your Education Related Receipts
When you're cleaning out your purse or wallet this week, make sure to save your education related receipts because, depending on your situation, you may be eligible for some spiffy tax breaks in April."The start of the school year is a good time to remind parents, students and teachers to save all receipts related to tax-advantaged education expenses," said IRS Acting Commissioner Linda Stiff. "Good recordkeeping makes sense because it can help avoid missing a deduction or credit at tax time."We'd just like to point out the awesomeness of someone called "Stiff" running the IRS.Anyhow, to learn more about education related tax deductions and credits, check out IRS publication 970. No, it's not the most awesomely compelling literature you'll ever read, but it might save you some money. Tax Benefits For Education (PDF) [IRS](Photo:puroticorico)

Menu Labeling Controversy: UPDATE: Judge Says States, Cities May Require Nutrition Labeling at Restaurants
The CSPI emailed to let us know the reason that the NYC menu labeling regulation got tossed out: The judge in New York City found that the city's menu labeling regulation is preempted only in one, easily fixable way. His only objection was that NYC only applied the regulation to restaurants that already made some nutrition information voluntarily. Elsewhere the judge wrote:"The majority of state or local regulations--those that simply require restaurants to provide nutrition information--therefore are not preempted," wrote United States District Judge Richard J. Holwell. "Such regulations impose a blanket mandatory duty on all restaurants meeting a standard definition such as operating 10 or more restaurants under the same name." This means that this ruling won't affect California or other jurisdictions, and that NYC can just redraft to cover all restaurants with 10 or more units. The way the NYC rule was written was having the unintended effect of compelling restaurants...

Unconditional Love: 3 Ways To Make Sure Your Pets Are Cared For After You're Gone
Earlier this month, the media reported that dead scary lady Leona Helmsley left $12 million to her dog, presumably to ensure that Trouble is well cared for, but also to be humorously cruel to the two grandchildren who got nothing. This inspired USA Today's "Your Money" columnist Sandra Block to list 3 ways you can plan for your pet's continued care after you go to "have tea with Mrs. Helmsley" (we don't want to upset the children in the room).The first, and most outlandish/awesome suggestion, is to set up a trust fund. It's actually more practical and cheaper than you think, at least if you live in one of the 38 states (or D.C.) where it's legal. These "statutory pet trusts" require only a few more lines in your will, and can be for as little as $100. If you go this route, see an attorney and make sure you address the following items:know who will manage your trust;know how you want the money to be spent;provide instructions on what to do with unused funds when the pet dies...

Mental Health: Did The Gov's Anti-Meds Warnings Work Too Well?
Some psychiatrists are claiming that the government's "black box" warnings on the risks of antidepressants for teenagers have worked too well, to the point that they've scared off worried parents and lawsuit-sensitive doctors, leaving depressed teens undiagnosed and untreated. The rate of suicide among children and young adults jumped 8% in 2004, one year after the warnings went into effecct—it was the biggest one-year spike in suicides for that demographic in 15 years, and psychiatrists worry it was caused in part by the 22% drop in prescriptions of antidepressants.The Netherlands reported an alarming 49% jump in the teen suicide rate from 2003 to 2005. They, too, have a "black box" warning on antidepressants that, ironically, warns consumers that the medication can lead to suicidal thoughts.So, did a warning for the benefit of the public backfire and worsen the problem, or is something else responsible for the higher rates? Experts are divided. The CDC's National...

Consumer Backlash: Ameren Rate Relief For Illinois, Your Rebate Checks Are In The Mail
When Robert Hancock of Carterville, IL got his monthly power bill, it made him mad. Why? Because it was $526.62—up 200% from the previous month. Illinois' 10-year electric rate freeze had expired and Ameren, the company that supplies power to Carterville and a huge swath of the rest of Illinois, raised its rates. A lot. Robert decided to fight back by arranging to pay his bill entirely in pennies. 52,662 of them. Now it seems that Robert's "eff you" to Ameren was not in vain. From Forbes:Ameren officials announced Monday that they'll be sending out $140 million in rebate checks and bill credits starting this week, promising each customer at least $85 back in the mail.Starting Wednesday, checks will be sent to 935,000 residential customers and continue for a month, closely synched to the company's billing cycle. Credits will show up on bills sent to 133,000 residential customers behind in payments by at least two months and bills for 13,000 small business owners.Ameren...

Security: Don't Like RFID In Your Credit Card? Ask 'Em To Turn It Off
While the danger of someone long-distance slurping the account information communicating out the RFID chips being increasingly embedded in credit cards is, for the time being, remote, reader Eyebrows McGee reports success in asking AmEx to turn it off...I told the representative that I didn't like RFID as a consumer or a citizen and I worried about the potential privacy issues and was it possible to get a card without RFID on it? She said what she could do for me was disable the RFID function at AmEx's end. (She did not actually answer me about whether non-RFID cards are available.) So I had her disable the ExpressPay function, which took about two minutes on hold (for which she apologized).No word to as to whether this works for other companies. Hardware based solutions for the same include foil and Dremel.PREVIOUSLY:No-Swipe Credit Cards Pose Risk Says SenatorLong-Distance RFID Snagging Possible, Already DoneNo-Swipe Credit Card No Problem For Thieves

Menu Labeling Controversy: Judge Tosses NYC Menu Labeling Regulation
The menu labeling controversy got a little more controversial today when a federal judge ruled that NYC could not require fast food restaurants to post calorie information on their menus. From the Associated Press: U.S. District Judge Richard J. Holwell said he determined the rule conflicted with federal law. Businesses had claimed that their First Amendment rights were violated by the rule, described as the first of its kind in the nation, but Howell said he reached his decision without needing to address those claims....In the last 25 years, obesity rates have doubled among U.S. adults and tripled among children, and rates have increased in every state in the nation, the groups said.The Centers for Disease Control and Prevention estimated in a 2005 study that approximately 112,000 deaths are associated with obesity each year, making obesity the second leading contributor to premature death, behind tobacco.In arguments supporting the city's rule, the groups argued that an adverse...

Money: Max Your Cashback Combining American Express Blue Cash And Chase Freedom Cash Visa Credit Cards
Free Money Finance has a good post on combining the cashback powers of American Express Blue Cash and Chase Freedom Cash Visa Credit Cards for maximum moolah back in your pocket.The strategy actually evolved after FMF got in a discussion with a reader over which card was better. After side-by-side spreadsheet comparisons under different spending scenarios, they tell you how you can adjust your spending habits and earn up to 2.6% cash back — an amount well above the 1% "industry standard" for cash back credit cards. For bonus points, here's how to de-RFID your Chase Freedom card.How You Can Earn Over 2.6% Cash Back by Using a Combination of the American Express Blue Cash and Chase Freedom Cash Visa Credit Cards [Free Money Finance]

Unlawful Detention: Walmart Tries To Steal Shopper's Baby
A Walmart security guard demanded a woman hand over her baby at checkout, thinking it might have been a baby that was reported missing in the store, according to a Myspace post by the mother, Stacy Carrington of Parkville, MD (pictured):"They are trying to tell me that Ava is not my child. She started fussing so I began taking her out of the seat. The whole time this security guard is asking me to "give him the baby". FUCK YOU! There was no way I was handing her over! I tried to walk away, leaving her car seat, the diaper bag, even my wallet...they blocked me! I am screaming for them to get the fuck away from me. I start crying, sobbing, just holding Ava near me. Everytime the security guard put his hands near her I shifted away. Ava is screaming at the top of her lungs by this time. I am screaming to get a manager. I started telling them everything I could think of to prove she is mine. Her birthmark, hospital card in the diaper bag, my ID in my wallet...pictures of her in...

Fair Debt Collection Practices: Hospital Sends Debt Collectors After Homeless Man
Phil Hughes is a homeless handy-man who'll paint your house number on your curb for $5 and some turkey leftovers, says Mary Olsen, a homeowner who hires Hughes for occasional odd jobs. When Hughes got sick, Mary Olsen told him to put down her name as an emergency contact. "I didn't want him to die and not know about it," she told the Contra-Costa Times. Hughes spent 3 or 4 days in the hospital and the bill came to Mary Olsen's house. It was for $42,000.It was pages and pages and pages," she said. "They detail every shot they give you, every antibiotic, every aspirin."Phil and I were laughing about it. Here's a homeless man who doesn't have a penny to his name and he has this enormous hospital bill. How's he going to pay it?"The humor quickly evaporated when a collection agency began hounding her with phone calls looking for Hughes. The collectors especially liked to call early Saturday mornings.She told them Hughes did not live there, was homeless and could not afford to pay....

Department Of Energy: Federal Efficiency Standards Result In Less Efficient Washers
As of January, the Department of Energy requires washer makers to use 21% less energy, but some makers are meeting the standards by decreasing how well their products actually wash clothes, according to Consumer Reports.In several cases, companies achieved the "energy savings" is achieved by decreasing the water temperature. Two GE models actually made the clothes dirtier.We're all for reducing energy costs, but it should come in the form of increased efficiency, not decreased performance. Disgruntled consumers can send virtual dirty underwear to the Secretary of Energy.Dirty laundry [Consumer Reports via Marginal Revolution] (Thanks to Bullpen!)(Photo: Jos Goulo)

Fair Debt Collection Practices: 4-Year-Old Leaps From Moving Car After It Was Repo'd With Him In It
We checked but couldn't find a clause in the Fair Debt Collection Practices act that dealt with the legal implications of repossessing a SUV with a 4-year-old child inside of it, but we're fairly sure it's not really allowed.Select Recovery of Aurora, IL repossessed a Ford Excursion on Thursday, but they didn't notice 4-year-old Fashawn Parker sitting in the back seat. "Apparently they had given the vehicle a cursory check," Dan Ferrelli, an Aurora Police spokesperson, told WBBM. "They looked through the front windows. They didn't find anything in there and were unaware that the boy was in the back."The driver of the car was inside the house picking up another child when the vehicle was repossessed. "He had said that a vehicle he was driving that belonged to one of his relatives was being towed away and that there was a four-year-old boy inside of it," said Ferrelli.Luckily, the kid is some sort of crazy action star. When the car slowed down to pass through a construction zone,...

Home Improvement: Adding A Bathroom Can Add 20% To Your Home's Value
With the real estate market in the toilet, it's fitting that the same device can actually help you significantly increase the value of your home. Yes, we're talking about adding a bathroom to your current dwelling, something CNN Money says can add up to 20 percent more value to your home. Keys to getting the most out of adding a new potty room to your place:If you have too few to start with -- adding a bathroom to a house that only has one bathroom currentlyWhen you have far fewer bathrooms than bedrooms -- everyone needs their own bathroom, after all, right?When you add a bathroom to a floor of the house that didn't have one before -- heaven forbid we have to walk downstairs to do our business. So if you're in the market for a new bathroom, putting one in the right place looks like it won't only add functionality to your place, but also give you a good return for your investment. However, the article notes, "you can't count on recouping the cost of any upgrade right away in...

Menu Labeling Controversy: California Assembly Passes Menu Labeling Legislation
The California Assembly has passed legislation that will require chain outlets with 15 or more locations to place calorie info on fast food menu boards and nutrition information on restaurant menus. The rule applies only to standard menu items and not to daily specials or custom orders. The legislation is similar to controversial regulations in New York City and King County, Washington, but if Governor Schwarzenegger signs this bill, California will be the first state to make nutrition information on menu boards a requirement. The Center for Science in the Public Interest is happy about the bill: "Without nutrition information at the point of decision-making in chain restaurants, it's hard for people to make informed choices for themselves and their children," said Margo G. Wootan, director of nutrition policy at CSPI. "Who would expect that some coffee drinks at Starbucks have more calories than a Big Mac, or that a tuna salad sub from Subway has more calories than a roast...

Investigations: Insurers' Secret Tactics For Cheating Customers
In a damning 18-page report, Bloomberg exposes how the insurance industry's systematic use of sleazy scare tactics cheat vulnerable policyholders.For instance, in the 90's Allstate hired the McKinsey business consulting firm on how to increase profits, and several of the slides McKinsey created have shown up as evidence in lawsuits against the insurance company.One was entitled, "Good Hands or Boxing Gloves..."It said that All State should first make a lowball offer and if the client accepts it, treat them awesomely. If the client objects or hires a lawyer, then Allstate should put on the boxing gloves and beat on them.Another was called "Sit and Wait," and showed an alligator. The slide said Allstate could thwart claimants by stalling paying out settlements and prolonging court proceedings. By holding onto money longer, Allstate can invest the float and often frustrate clients into shutting up.Other tactics include:Changing policies retroactivelyChanging engineering reports...

Scams: 6 Signs Of Telemarketing Fraud
Besides being annoying and disruptive, some telemarketers are outright crooks, trying to swindle the unaware out of their hard-earned money. Via Fraud.org, here are six tell-tale conversation flags that indicate you're dealing with a telephonic scam artist:Promising that you can win money, make money, or borrow money easilyDemanding that you act immediately or else miss out on this great opportunityRefusing to send written information prior to your purchase or donationTrying to scare you into buying somethingInsisting you wire money or a courier will come by to pick up your paymentInsistence that you wire money or have a courier pick up your paymentRefusing to stop calling after you ask them to stop.The best defense against telemarketing fraud? Hanging up. Go ahead, needn't be rude. "No thanks, goodbye." CLICK.Five Steps to Help Seniors Targeted by Telemarketing Fraud [Fraud.org](photo: jpghouse)

Leaks: Subway's Incorrect Use Of Isosceles Cheese Actually A Vast Conspiracy
Subway's penchant for not using their triangle cheese correctly is actually part of a diabolical mind-control plan to get you to pay more. Back in July, Lefthandedtoons drew a cartoon mocking how Subway has triangle cheese, but never arranges it in a rhombus on the sandwich. Instead, Subway invariably lays it in a razorback formation, which the cartoonist felt led to "unnecessary dairy overlap" and "soul-crushing disappointment." Amused, a UK subway worker printed out the cartoon at work. His boss was not amused and hung the above sign in the storage room, which reads, "Cheese triangles need to be placed [drawing of razorback formation] -> this will promote the need for customers to desire extra cheese - as it doesn't cover whole sandwich. Double cheese [picture of double razorback] = 40 p extra!"Subway: A Method to Their Cheesy Madness [Left-Handed Toons]PREVIOUSLY: Dear Subway, Please Use Your Isosceles Cheese Correctly

Shopping: Morning Deals
Apple: New refurbished macbooks announced, starting at $799 with free shipping and free printer after rebate.Free Sample of Hugo Boss Fragrance (click one of the free sample bottles on the upper left. Note that the DOB format is day/month/year).Target: 10% off online couponHighlights From BargainistArbor Day Foundation: 10 Free trees w/membershipHome Depot: Grill Sale save up to $300Amazon.com: Radio Flyer Fold 2 Go XL Trike $27Highlights From DealhackOld Navy: Save 25% off Baby, Kids, & Maternity Clothes + Free Shipping CouponAmazon: Save $75: Netgear Dual Mode Cordless Phone with Skype $125Buy.com: Garmin StreetPilot C330 Mobile GPS Receiver $190 Shipped