Home / consumerist.com rss archive / September-29-2007


Show Us Your Verizon Face: Vonage Loses Verizon Patent Infringement Appeal, Downplays The Damage
Oh, Vonage. You lost two of three, and are downplaying the damage. From CNet:"We thank the appellate court for its thoughtful consideration of the merits of our case," Vonage's chief legal officer, Sharon O'Leary, said in a statement. "We are pleased with the decision to vacate the 880 patent and the damages. However, Vonage remains confident that it has not infringed on the 880 patent--a position we will continue to vigorously assert and look forward to presenting at trial."But the reality of the situation is altogether different. For one, the two patents the court upheld happen to be the most fundamental to Vonage's service. Essentially, U.S. Patent No. 6,282,574 and U.S. Patent No. 6,104,711 define how phone calls are routed over the Internet, which essentially is the basis of Vonage's IP telephony service today. Vonage says it has workarounds, and will only need to pay fines and royalties to Verizon for the period of time when it was infringing on their patents. "It's business...

Good To Know: Are Manual Transmissions Still More Fuel Efficient Than Automatics?
Bankrate says, "No." For the average driver under the average conditions, there is little difference. For drivers in everyday situations, a manual transmission is not likely to provide any difference in fuel economy over an automatic transmission. The reason is that to achieve the optimum fuel efficiency a driver has to execute shifts at precise engine rpms (revolutions per minute). Given the challenges of city driving conditions, most drivers won't be able to realize greater fuel economy with a manual gearbox.One consideration, however, is that usually an automatic transmission costs extra, which could factor into the buying decision. On the flip side, the majority of new vehicles aren't even offered with a manual transmission. Good to know. What do you suppose the mileage is like on the Wienermobile?Best mileage: Automatic or manual? [Bankrate](Photo:Keylime Steve)

Suburban Menace: Are Leaf Blowers Disturbing The Peace? Should They Be Banned?
NPR has an extremely funny news piece about Newton, Mass., a pleasant suburban town in which the residents enjoy their neatly manicured laws... but at what cost to their sanity?Some residents of a leafy suburb of Boston are fighting over what to do with all the leaves. Residents of Newton, Mass., say they are being tormented by the noise coming from the gas-powered leaf blowers that are now everywhere. Oh no! "We're surrounded by these horrible deafening sounds," one resident moans during a debate over gas-powered leaf blowers at Newton's City Hall."It sounds like there is a jet stalled over my home," says another. "My fury at feeling trapped lasts... is this the day when they are coming? Can I get out?" We especially enjoyed the part when "Landscaper Joe" tells NPR about the magical leaf blowers he uses to blow a tornado of debris three stories into the air. He is unable to contain his excitement as he describes them: "We almost never touch a rake anymore. We don't have to...

IBM Is Watching You: Scary "Big Brother-esque" video surveillance ...
Scary "Big Brother-esque" video surveillance system announced by the City of Chicago and IBM. Now we can watch Grossman drop footballs no matter where he's located. [Ars Technica]

Random: People Suddenly Love V8? What?
An article in Newsday asks the question: "Why are Campbell's V8 juices suddenly selling?" We didn't even realize they were.Supposedly, a new distribution deal with Coca-Cola combined with a cute advertising campaign featuring people getting smacked on the forehead for not drinking V8 has sent "sales soaring."Weird. We seriously thought we were the only person on earth who drank V8. No one else we know likes it. We've actually been made fun of for drinking it. Oh well. V8 is being marketed as a healthier alternative to sodas and even orange juice, because it has less sugar and calories than those drinks. What it does have, however, is lots of sodium: 480mg-710mg per 8 oz, depending on the flavor.It's also being touted as a veggie substitute, which it really isn't, unless you're one of those people who think of french fries and ketchup as a "vegetable." Then by all means, drink more V8. Buy a case. We recommend the spicy one.A veggie tale: Why are Campbell's V8 juices suddenly...

Awkward: As if Circuit City didn't already have enough ...
As if Circuit City didn't already have enough problems (with a quarterly loss of $16 million), two men who worked at a Philly area Circuit City are alleging that their general manager sexually harassed them. [Philadelphia Inquirer]

Baby Free For Less: Target Matches Walmart's $9 Birth Control Pill Program
Attention women who like the idea of $9 birth control: Target has announced that they will be matching Walmart's program. Target will also be matching the additions to the $4 generic program.Here's the bad news, those of you who reside in states that prohibit stores from selling prescription drugs as loss leaders are not getting the $9 birth control:Laws in Minnesota, Wisconsin and seven other states prevent pharmacies from selling drugs below their true cost. As a result, Wal-Mart will charge more to consumers here for nine of the 24 drugs being added to its generic discount program.In the case of a generic birth control pill called Tri-Sprintec, two Wal-Mart pharmacies in the Twin Cities on Friday were selling a one-month supply for $26.88."We cannot provide the $9 for the three women's health drugs in those states," said Wal-Mart spokeswoman Deisha Galberth, referring to Tri-Sprintec as well as a second birth control drug and a fertility treatment. Target matches Wal-Mart...

The Greening Of Walmart: Walmart To Save Planet With Concentrated Laundry Detergents
Walmart says it's going to save "one of our most precious natural resources", water, by offering only concentrated laundry detergents from now on. According to Treehugger, traditional laundry detergent is full of water and foaming agents that make it seem more effective than it is, wasting water and plastic for no good reason. "Collateral damage to be avoided by the new super concentrated and much greener detergents: wasted water, wasted shipping space, excess packaging; added petrochemical consumption and C02 emissions," says Treehugger.Why does Walmart care? Apparently concentrated detergents are cheaper because they are less wasteful. Not that you'd know that if you just listened to Walmart:"People expect businesses to step up and work together to help solve the big challenges facing the world," Scott told the crowd of approximately one thousand people gathered in New York City. "What we have done is work with suppliers to take water -- one of our most precious natural resources...

Warnings: Safety Experts Urge FDA To Ban OTC Cough And Cold Meds For Kids Under 6
The New York Times is reporting that safety experts are urging the FDA to consider a ban of all "over-the-counter, multisymptom cough and cold medicines for children under 6." In a 356-page report issued by the experts, they suggested that the FDA ban all "infant" cough medicines and standardize droppers, cups and syringes so that measuring a dose will be less confusing for consumers. The Times says there are currently over 800 cough and cold meds marketed for small children. The reviewers wrote that there is little evidence that these medicines are effective in young children, and there are increasing fears that they may be dangerous. From 1969 to 2006, at least 54 children died after taking decongestants, and 69 died after taking antihistamines, the report said. And it added that since adverse drug reactions are reported voluntarily and fitfully, the numbers were likely to significantly understate the medicines' true toll. There's increasing evidence that these drugs are not...

Excellent Deals: We'll Take A Half-Dozen Of The $4.88 Laptops, Please
It's too bad that they seem to only have one left.(Photo: Ryan McFarland)

We Know Whats Good For You: Google: "Online Advertising Benefits Consumers"
Google told the United States Senate that "online advertising benefits consumers" while defending its deal to purchase "advertising tools supplier" DoubleClick:"The online advertising business is complex, but my message to you today is simple: Online advertising benefits consumers, promotes free speech, and helps small businesses succeed. Google's acquisition of DoubleClick will help advance these goals while protecting consumer privacy and enabling greater innovation, competition, and growth.""In our experience, our users value the advertisements that we deliver along with search results and other web content because the ads help connect them to the information, products, and services they seek. Simply put, advertising is information, and relevant advertising is information that is useful to consumers. The advertising we deliver to our users complements the natural search results that we provide, because our users are often searching for products and services that our advertisers...

Your Health: Drug Company Fined MoreThan $500 Million For Inflating Drug Prices, Inappropriate Marketing
The WSJ Health Blog reports that Bristol-Myers Squibb has been fined for artificially inflating the prices of its drugs, as well paying kickbacks to doctors and promoting its anti-psychotic drug Abilify for unapproved uses. Given all the recent attention to industry money and off-label uses of atypical antipsychotics, we were particularly struck by the Abilify issue. The drug is approved only for bipolar disorder and schizophrenia in adults, but the Department of Justice accused the company of promoting its use for children and for elderly patients with dementia. According to the Department of Justice, BMS created a special sales force specifically to target nursing homes. It's unfortunate for those patients that the drug carries a warning of increased death among elderly patients with dementia-related psychosis who are treated with atypical antipsychotics.Bristol-Myers Squibb Fined Again [WSJ Health Blog]

Preventive Measures: Jerks Often Steal Checks And Money Orders From Mailboxes
You probably already knew that, but like Shemika, you probably didn't think it would happen to you.Shemika Osborne is planning a party for her sister who's getting married in Raleigh. Osborne is also the maid of honor. To pay for her bridesmaid dress, she mailed her sister a money order for $183 from her apartment."I walked to the mailbox, put my mail in there, dropped it in and then shut it up," she said.But the mailbox wasn't locked, and someone stole the envelope and cashed the money order. Western Union sent her a copy of the money order. It showed someone had scratched off her sister's name and put a different one on.Osborne filed a claim with Western Union and Wachovia Bank where the money order was cashed. Wachovia wrote back blaming Western Union for taking four months to contact them about the forgery. Wachovia's deadline is 48 hours. Neither would reimburse Osborne's money.'They kept giving me the runaround back and forth, so I couldn't get anything resolved," she...

Who's Reading Us Now?: USAToday "catches up" to the Macy's credit ...
USAToday "catches up" to the Macy's credit card "flipping" story we broke back in August. [USALastMonth]

Above And Beyond: Trove Offers To Pay Medical Bills After Their Wine Triggers Acid Reflux
We approach wine in a bag in a box with great caution. So does reader Karl, who only purchased a box of 2005 Trove Chardonnay from his local Kroger supermarket after reading uniformly positive reviews. The wine was so acidic that it triggered acid reflux that sent Karl running to his local doctor.Bringing it home, the first glass had a bunch of sediment, and the wine was VERY acidic -- my girlfriend didn't drink any of it because it burnt her throat. I, on the other hand, needing a good drink and possessing the intestinal fortitude of a bull, drank a few glasses.The next day, I took myself off to the doctor's office. My acid reflux was so bad that I needed to seek medical attention.Since I'd read such good reviews, I was amazed to find this bad of a product. I filled out an online form on their website explaining the problem. The next day, a woman from Trove contacted me and offered to send me a check for the amount I'd paid for the wine, a prepaid shipping box to send them...

Marketing: The University Of Iowa Removes Athletes From Credit Card Promotions
This University of Iowa credit card scandal is getting more interesting every day. Today's development: The University has "backed away" from allowing athletes to be used in the U of I alumni association credit card program. We just can't get enough of this story. From the Des Moines Register:Gary Barta, U of I athletic director, has decided to remove any mention of athletes from reward programs' literature and said the university would not make athletes available as part of the program.Barta reached his decision after Des Moines Register reporters raised questions about whether using student-athletes in those programs might violate NCAA rules restricting the use of athletes to market commercial products."It was not our intention to let student-athletes be used in this program," Barta said.The athletic department receives $200,000 annually from the alumni association for the program. The University of Iowa's program included offering access to special events and facilities to...

DirecTV: We Use Illegal Telemarketing Not To "Change Your Do-Not-Call Status," But To "Give You An Opportunity To Change Your Do-Not-Call Preference"
DirecTV is defending automated sales calls to Do Not Call List subscribers as "informational," and "not telemarketing." The Murdoch-owned satellite TV provider recently called customers to say: "Because you are on our Do Not Call List, we can't call you with all of our super-awesome special promotions." This bothered reader Nina, who fired off angry letters to both DirecTV CEO, Chase Carey, and FCC Chairman Kevin Martin. Nina received the following pigheaded reply from DirecTV counsel, Rose Foley:*Rose G. Foley**Direct Dial: (310) 964-2021**Facsimile: (310) 964-4884***Dear :I am responding to your September 23 and 25, 2007 letters to the FCC, which you copied to Chase Carey. I am sorry that we troubled you with our recent calls about your do-not-call status.The purpose of our calls was not to sell you anything or change your do-not-call status without your consent. They were purely informational calls intended to remind you of your status and give you an opportunity to change...

Arbitrary Standards: How Old Should Your Pilot Be?
What if you're 59 years old and you're not ready to retire? It's no big deal for most professions, but for airline pilots it means you're applying for a Canadian pilots license so you can fly with Air India, like Mike Ballard:Ballard said he needs a Canadian license to land a job with Air India that would help offset the pension he lost during United's bankruptcy. While India allows pilots to fly until age 65, authorities there are balking at certifying U.S.-licensed pilots who are no longer eligible to fly for their home airlines."It's so frustrating that you almost have to laugh," said Ballard, who retired Sept. 1 and is among thousands of pilots whose careers are in limbo as legislation that would raise the retirement age moves through Congress. The FAA, which also has authority to change the regulation, has yet to propose new retirement rules, much less implement them. That process could take two years. Some pilots think the age requirement is just fine: ...David Aldrich,...

Labels: California Bill To Mandate Disclosure Of Bottled Water Source, Quality
California Governor Arnold Schwarzenegger is considering a bill that would require bottled water to bear a label clearly stating the source of the water, contact information for the bottler, and the location of recent water quality reports. SB 220 sailed through the California Legislature earlier this month, and would remind bottled water guzzlers that they are shelling out big bucks for a free, public resource.The confusion has put some companies in hot water. PepsiCo Inc.'s Aquafina brand and Coca-Cola Co.'s Dasani were slammed by consumer and environmental groups for failing to clearly note that their products came from water systems.Aquafina, which adorns its bottles with a snow-capped mountain design, recently said it would revise its labels to include the phrase "public water sources." A Coca-Cola spokeswoman said there were no plans to put similar disclosures on Dasani bottles. Both companies cite local supplies as their water's source on their websites, though neither...

News From The Swamp: Transportation Department Backs Deplaning
A report from Transportation Department Inspector General Calvin Scovel III hailed deplaning as a best practice worthy of uniform implementation by all airlines.The best practices we identified during our review are not all inclusive, and the airlines or airports should consider incorporating them into their ongoing operations, especially the best practice of setting the maximum amount of time that passengers will remain on-board aircraft before deplaning.The report contains a series of common-sense suggestions that will undoubtedly infuriate airlines. Among the suggestions: cancel flights ahead of blizzards, change the schedules of flights that depart or arrive late more than 40% of the time, and abandon gate departure time as the metric for on-time performance in favor of data that capture all instances of tarmac stranding.Scovel stopped short of explicitly endorsing the Passenger's Bill of Rights, but it takes no giant leap of logic to realize that if deplaning is a best...

Subprime Meltdown: NetBank Fails, Assets Disgorged To FDIC, ING
NetBank is the first federally regulated bank to fail thanks to the ongoing subprime meltdown. The failure spotlights the importance of FDIC insurance, which guarantees deposits of up to $100,000. Customers who abided by the FDIC limits and deposited less than $100,000 with the internet bank will become ING customers, and will have immediate access to their funds. The 1,500 customers who collectively deposited $109 million above the FDIC limits stand to lose half of their funds.NetBank was one of several financial partners of the US Airways. The Tempe-based airline offered promotions such as 4,000 miles to open a NetBank checking account, 4,000 miles for a money-market account and 5,000 miles to deposit at least $15,000 into a NetBank certificate of deposit.The announcement annoyed at least some customers in U.S. Airways' Dividend Miles frequent flier program."I'm flabbergasted to think a company they're involved with would go out of business," said Scottsdale resident Frank...

Photos: T-Mobile Kiosk Boasts: "We Unlock iPhones!"
[Fashion Island, Newport Beach, California. Image thanks to Aubrey.]In light of the 1.1.1. firmware update, they may want to rename the kiosk: The Brick Factory.