Just Trying To Survive In This Crazy World

Verizon Wireless Will Watch Everything You Do If You Don't Opt Out

2011-11-20T22:05:00.000-08:00

Verizon Wireless Will Watch Everything You Do If You Don't Opt Out:

Verizon Wireless is sending emails to customers this week informing them that the company will now begin storing their browsing history, location, app usage data and more, in the name of providing "more relevant" mobile ads. The company says it won't "share any information that identifies you personally," and the email includes instructions for customers who want to opt out of the tracking program.

According to the notice from Verizon, information the company will now save includes URLs of web sites visited by customers, which "may include search terms you have used," the "location of your device" and "demographic and interest categories provided to us by other companies, such as gender, age range, sports fan, frequent diner, or pet owner."

Verizon says it will use the data to, among other things, "create business and marketing reports," to allow other companies to do the same, and, of course to "make mobile ads you see more relevant."

Description: When you use your wireless device, you often see ads on websites and apps. Using certain Consumer Information (such as your Demographics, device type, and language preference) and the postal address we have for you, we will determine whether you fit within an audience an advertiser is trying to reach. This means ads you see may be more relevant to you. We will not share any information that identifies you personally.

Example: A local restaurant may want to advertise only to people who live within 10 miles, and we might help deliver that ad on a website without sharing information that identifies you personally.

Verizon announced the new policy last month. Customers can opt out by logging into Verizon's privacy site, or calling a toll-free number. And just in case you were concerned, don't worry: If you opt out, you'll still see ads on your phone.

Important notice about how Verizon Wireless uses information [Verizon Wireless via Techcrunch]

Customer Discovers Card Skimmer On Bank ATM

2011-11-19T13:39:00.000-08:00

Customer Discovers Card Skimmer On Bank ATM:

When most of us think about illegal card skimmers on ATMs, we think of free-standing cash machines at convenience stores or on the street. But a sharp-eyed bank customer in Massachusetts spotted a skimmer at the last place you'd expect one: the bank.

The customer tells WBZ-TV that he noticed a loose piece of plastic on the machine near where you insert your card. When he touched it, the piece fell out and it was revealed to be a skimmer that would store users' card numbers and PINs.

The scammers who placed the skimmer did a decent job of making it appear to be an integral part of the ATM. One would only spot the change in appearance in a side-by-side comparison with an un-rigged machine. In the above picture, the ATM on the left contains the skimmer, while the one of the right does not.

While the customer who noticed this skimmer hadn't yet used his card on the machine, it's not yet know how many users' information was stolen by the skimmer -- or how someone managed to tinker with a bank ATM without being detected.

ATM Skimming Device Found At Eastern Bank In Taunton [CBSlocal.com]

Verizon Class Action Settlement: Get Refunds For Accidentally Pressing "Get It Now" Button

2011-11-07T12:54:00.000-08:00

Verizon Class Action Settlement: Get Refunds For Accidentally Pressing "Get It Now" Button:

If Verizon "erroneously" charged you for accidentally pressing the "Get it Now" or "Mobile Web" buttons on your phone, you can file for a refund, thanks to a recent class action settlement.

The lawsuit is related to the Verizon insider confession New York Times gadget columnist David Pogue published in 2009 that said the wireless company had rigged their phones to grab $2 a time everytime someone accidentally hit the "Get It Now" or "Mobile Web" buttons on their phone. It was a fee trap for their customers, the insider alleged.

At the time of the controversy, Verizon wrote in a letter to the FCC (PDF) that, "...in order to protect customers from minimal, accidental usage charges, Verizon Wireless does not charge users when the browser is launched, and opens to the Verizon Wireless Mobile Web homepage. If the browsing session ends there without the customer navigating to another webpage, the customer will not incur charges for Mobile Web browsing." However, Pogue's readers wrote him to say that's exactly what happened. That complaint was also among those in the class action lawsuit. Some customers also said they got data charges even when they didn't access the internet on their phones.

Verizon Wireless denies all wrongdoing and has agreed to settle to end the litigation.

You're eligible to request a refund for any mistakenly billed charges that you haven't already gotten a refund for if you are or were a Verizon Wireless customer who paid pay-as-you-go data charges between November 2007 and January 31st 2011.

You can submit an online claim form here in order to get your monies.

DataChargeSettlement.com [via Top Class Actions]

PREVIOUSLY

Verizon Denies It Charges You $2 Each Time You Mistakenly Press A Certain Button On Your Phone

Verizon Configures Phones So You Incur Erroenous Data Charges? (To The Tune Of $300 Million)

Man Accused Of Tossing Molotov Cocktail At Taco Bell For Not Giving Him Enough Meat

2011-10-28T21:19:00.000-07:00

Man Accused Of Tossing Molotov Cocktail At Taco Bell For Not Giving Him Enough Meat:

There's better ways to lodge a complaint against Taco Bell than by lofting a Molotov cocktail at the drive-thru window, but filling out a suggestion card wasn't the one this incensed Georgia customer chose at 5am.

Shortly before the Taco Bell was firebombed, a man called up the fast food joint to complain that his two XL Chalupas had insufficient meat and he demanded it be fixed. The worker who picked up said that the place was closing and they wouldn't be able to help him out.

According to a police report obtained by The Smoking Gun, then man then uttered a phrase that used the n-word and added, "That's alright, I'll just come and redecorate the place."

Shortly thereafter, a blaze erupted outside the drive-thru window. Police found a melted plastic bottle with liquid inside at the scene. Also at the scene: a large sign that says "Come Try The New XXL Chalupa. Bigger Is Better." The suspect is still at large, the search impeded by the poor quality of the security cam footage.

Cops Hunt Man Who Firebombed Taco Bell Because His Chalupas Had Too Little Meat [The Smoking Gun] (Thanks to SkokieGuy!)

DNA Tests Show Cheaper Fish "Mislabled" As Pricier Kinds At Restaurants

2011-10-25T00:50:00.000-07:00

DNA Tests Show Cheaper Fish "Mislabled" As Pricier Kinds At Restaurants:

In an investigation, the Boston Globe gathered fish from 134 restaurants, supermarkets and fish-mongers. They hired an independent lab to test the fish for authenticity and discovered 87 of the 183 fish tested were "mislabeled," a whopping 48%.

The Boston Globe found escolar being sold as white tuna, and the Alaskan butterfish being sold at a celebrity restaurant was sablefish, both much cheaper. $23 flounder was actually swai, sold for $4 a pound. It's a kind of Vietnamese catfish. Another common trick the paper found was for restaurants to put cod on the menu and serve up haddock.

Escolar is banned in Japan because it can sometimes make people sick. It's also referred to as "ex lax" fish because of its effects on the digestive system.

Sometimes it's error, "mislabeling," or outright fraud.

"Mislabeling fish is at a ridiculous level,'' Eric Hesse, a Cape Cod commercial fisherman told the Boston Globe. "The dealers and restaurants have a vested interest in keeping the illusion going. Every time they can say they are selling fresh local fish and get away with selling [Pacific] frozen, they don't have to buy from us. It kills us.''

Regulation is lax, enforcement is hard, and a lot of fish just looks the same after it's been cooked, turned into a fillet, or fried up.

"A lot of people do it until they get caught,'' a seafood wholesaler told The Boston Globe. "We don't play the game. But too many people do. And the average consumer just doesn't know.''

On the menu, but not on your plate [The Boston Globe] (Thanks to ABM!)

Mom Crusading Against Dirty Fast Food Playgrounds Says She's Now Banned From 11 McDonald's

2011-10-24T13:24:00.000-07:00

Mom Crusading Against Dirty Fast Food Playgrounds Says She's Now Banned From 11 McDonald's:

Over the summer, concerned mom Erin Carr-Jordan made headlines around the country with her online crusade to clean up filthy playgrounds found at McDonald's and other fast food chains. It seems her efforts have rubbed at least one Golden Arches franchisee the wrong way, as Carr-Jordan claims she's been barred from all of his eateries.

Posting earlier today on the Facebook page for her Kids Play Safe campaign, she writes:

Had a visitor at my home this morning at 7a. I was hand delivered a notice from the attorneys representing the owner of the MRSA location informing me that I am prohibited from entering any of his 11 McDonald's (I had only previously been to the 1). What does that tell you about him and his establishments? Im thinking it means he doesn't want me to find out what's in there! I will give you a list of the exact addresses. FYI the Chick fil A's all said I was welcome and could swab whenever I want.

Reading through Carr-Jordan's previous posts, it looks like the "MRSA location" is a reference to one particular McDonald's Playland at which she claims to have, through her swabbing of slides and other playground surfaces, detected the presence of Methicillin-resistant Staphylococcus aureus.

Just last week, she wrote:

Found out that the MRSA playland was not shut down like I thought! Was told that it was disinfected and it was not. There was still sand etc all over and the swab I took was black. When I went back I was actually told to leave as I was writing my name, contact info, and lab results down for the manager on duty. Since I thought it was going to be clean I had 3 of my kiddos with me (obviously did not let them touch anything). The person who told me to leave threatened to have me arrested while my children were standing next to me. I learned today that the owner of the establishment gave that order. I also learned from him that telling the managers is a useless thing to do and that if you complain you should have a "business card" to prove you have credibility??? Why is one persons complaint more valid than another because they have credentials?

Just for fun, here's her original video that got the ball rolling over the summer:

Thanks to Mike for the tip!

680 lb Man Fired For Being Obese

2011-09-29T19:41:00.000-07:00

680 lb Man Fired For Being Obese:

Ronald at one point weighed 680 lbs, a fact that never interfered with his ability to do his job. He received high marks in his performance reviews. Despite this, he was fired for his weight.

The Houston Chronicle reports the man worked in a materials handling job for a military manufacturer. The job required mostly computer and desk work, along with some moving of items on shelves that were above chest level. He never asked for any special accommodations, except for a seat belt extension for the forklift he sometimes had to operate. He never received the seat belt extender.

The Equal Employment Opportunity Commission investigated his claims and filed a lawsuit against the company for violating federal disability laws.

Under the disabilities act, it doesn't matter if you have one arm. As long as you can perform the job one-armed, you can't be fired for having only one arm.

The man is now down to 300 pounds thanks to surgery, diet, and exercise.

Man fired at 680 pounds says weight didn't hurt his work [Houston Chronicle] (Thanks to Justin!)

Bill Introduced To Let Robots Call Your Cellphone

2011-09-29T18:08:00.000-07:00

Bill Introduced To Let Robots Call Your Cellphone:

Since '91, it's been illegal for telemarketers to use autodialers and other robot-like devices to call your cellphone. Last week, a bill was introduced to change that. While in the past email hoaxes have gone around saying that your cellphone could be opened up to telemarketers, HR 3035 seeks to let businesses contact your cellphone "for informational purposes."

Here is the text of the bill:

"HR 3035 IH

112th CONGRESS

1st Session

H. R. 3035

To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes.

IN THE HOUSE OF REPRESENTATIVES

September 22, 2011

Mr. TERRY (for himself and Mr. TOWNS) introduced the following bill; which was referred to the Committee on Energy and Commerce

A BILL

To amend the Communications Act of 1934 to permit informational calls to mobile telephone numbers, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the 'Mobile Informational Call Act of 2011'.

SEC. 2. DEFINITIONS.

(a) In General- Section 227(a) of the Communications Act of 1934 (47 U.S.C. 227(a)) is amended--

(1) by amending paragraph (1) to read as follows:

'(1) The term 'automatic telephone dialing system' means equipment which uses a random or sequential number generator to produce telephone numbers to be called and to dial such numbers.';

(2) in paragraph (2)--

(A) by striking 'subsection (b)(1)(C)(i)' and inserting 'paragraph (3) and subsection (b)(1)(C)(i)';

(B) in subparagraph (A), by striking '; and' and inserting a semicolon;

(C) in subparagraph (B), by striking 'paragraph (2)(G)).' and inserting 'subsection (b)(2)(G); and'; and

(D) by adding at the end the following:

'(C) this paragraph shall not apply for purposes of determining whether an established business relationship exists for purposes of prior express consent to a call that is a telephone solicitation.';

(3) by redesignating paragraphs (3) through (5) as paragraphs (4) through (6), respectively; and

(4) by inserting after paragraph (2) the following:

'(3) The term 'prior express consent' means the oral or written approval of a person--

'(A) for the initiation of a telephone call to such person by or on behalf of an entity with which such person has an established business relationship; and

'(B) that is provided when such person purchases a good or service or at any other point during such relationship.

A person who provides a telephone number as a means of contact evidences consent under this paragraph.'.

(b) Conforming Amendment- Section 227(c)(1)(D) of the Communications Act of 1934 (47 U.S.C. 227(c)(1)(D)) is amended by striking 'subsection (a)(3)' and inserting 'subsection (a)(5)'.

SEC. 3. INFORMATIONAL CALLS TO MOBILE TELEPHONE NUMBERS.

(a) In General- Section 227(b)(1)(A) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)(A)) is amended to read as follows:

'(A) to make any call (other than a call made for emergency purposes or made with the prior express consent of the called party) using any automatic telephone dialing system or an artificial or prerecorded voice--

'(i) to any emergency telephone line (including any '911' line and any emergency line of a hospital, medical physician or service office, health care facility, poison control center, or fire protection or law enforcement agency);

'(ii) to the telephone line of any guest room or patient room of a hospital, health care facility, elderly home, or similar establishment;

'(iii) to any telephone number assigned to a paging service; or

'(iv) to any telephone number assigned to a cellular telephone service, specialized mobile radio service, or other radio common carrier service, or any service for which the called party is charged for the call, unless the call is made for a commercial purpose that does not constitute a telephone solicitation;'.

(b) Conforming Amendment- Section 227(b)(2)(C) of the Communications Act of 1934 (47 U.S.C. 227(b)(2)(C)) is amended by striking 'paragraph (1)(A)(iii)' and inserting 'paragraph (1)(A)(iv)'.

(c) Technical Correction- Section 227(b)(1) of the Communications Act of 1934 (47 U.S.C. 227(b)(1)) is amended by striking 'It shall' and all that follows through 'United States--' and inserting the following: 'It shall be unlawful for any person within the United States, or any person outside the United States if the recipient is within the United States--'.

SEC. 4. EFFECT ON STATE LAW.

Section 227(f)(1) of the Communications Act of 1934 (47 U.S.C. 227(f)(1)) is amended to read as follows:

'(1) IN GENERAL- No requirement or prohibition may be imposed under the laws of any State with respect to any subject matter regulated under this section, except for telephone solicitations.'."

Here is a letter written by various banking associations supporting the bill:

"September 23, 2011

The Honorable Fred Upton

Chairman Ranking Minority Member

2125 Rayburn House Office Building

Washington, DC 20515

The Honorable Henry Waxman

House Committee on Energy and Commerce House Committee on Energy and Commerce

2322A Rayburn House Office Building

Washington, DC 20515

Dear Chairman Upton and Ranking Minority Member Waxman:

We the undersigned write to express our strong support for H.R. 3035, the Mobile

Informational Call Act of 2011. This legislation will modernize the Telephone Consumer

Protection Act (TCPA) by enacting limited, common-sense revisions to facilitate the delivery of time-sensitive consumer information to mobile devices, while continuing to protect wireless consumers from unwanted telemarketing calls.

Businesses increasingly rely on advanced communications technologies to convey timely

and important information to consumers. These calls notify consumers about threats such as data breaches and fraud alerts, provide timely notice of flight and service appointment cancellations and drug recalls, and protect consumers against the adverse consequences of failure to make timely payments on an account.

Unfortunately, the TCPA restricts informational calls that utilize assistive technologies to mobile devices even though the law permits such calls to be made to wireline phones. As a result, the approximately 40% of American consumers who identify their mobile device as their primary or exclusive means of communication do not receive many of these calls.

This restriction imposes unwarranted costs and inconveniences on consumers, businesses, and the economy as a whole. When enacted in 1991, Congress intended this restriction to protect consumers against the then-daunting per-minute costs and privacy concerns associated with unsolicited incoming calls from telemarketers. But this restriction applies equally to informational calls. In addition, most wireless consumers are now covered by flat-rate plans, and even for those who are not, technological advances and increased competition have greatly reduced per-minute charges.

A strong consumer-protection environment depends on appropriate communication

between businesses and their customers. As consumers increasingly rely on wireless phones as their primary, or even sole, means of communication, the TCPA's outdated restriction on the use of assistive technologies in contacting wireless consumers for non-telemarketing purposes is now doing far more harm than good for the consumers such restriction was intended to protect.

For these reasons, we strongly support H.R. 3035. This bill will modernize the TCPA by:

* Exempting informational calls from the restriction on auto-dialer and artificial/prerecorded voice calls to wireless numbers;

* Clarifying the "prior express consent" requirement to ensure that the TCPA facilitates communications between consumers and the businesses with which they choose to interact; and

* Excluding from the restriction equipment that merely stores pre-determined numbers or that has latent (but unused) capacity to generate random or sequential numbers.

In addition, H.R. 3035 will continue the prohibition against the use of assistive technologies to call wireless numbers for telemarketing purposes. We commend Representatives Terry and Towns for introducing this legislation.

Congress should act now to modernize the TCPA's treatment of informational calls to

consumers, while preserving its original intent to protect wireless consumers from unwanted telemarketing calls. We urge the Energy and Commerce Committee to appprove [sic] this legislation as soon as possible.

Sincerely,

American Bankers Association

ACA International

Air Transport Association

Consumer Bankers Association

Coalition of Higher Education Assistance Organizations

Edison Electric Institute

Education Finance Council

Financial Services Roundtable

Housing Policy Council

Mortgage Bankers Association

National Association of College and University Business Officers (NACUBO)

National Council of Higher Education Loan Program

Student Loan Servicing Alliance

Student Loan Servicing Alliance Private Loan Committee

The Clearing House

U.S. Chamber of Commerce"

If that's the list of supporters, you can be pretty sure it sucks for you.

FDA Warns Seattle-Based Coffee Company That Rat Poo Is Not Part Of A Seasonal Blend

2011-09-29T17:54:00.000-07:00

FDA Warns Seattle-Based Coffee Company That Rat Poo Is Not Part Of A Seasonal Blend

UPDATE: Zoka has responded to Consumerist regarding the FDA letter. See response at bottom of story.

----------------

In 2008, Seattle-based Zoka Coffee, which operates four stores and also sells packaged coffee and tea, was named Roaster of the Year by Roast Magazine. In 2011, that same company is on the receiving end of a very detailed warning letter from the Food & Drug Administration after inspectors found way too many violations, including more than 1,500 bits of rodent poop.

In a warning letter dated earlier this month, the FDA writes that the following was found during an inspection in April:

Storage Area:

Two lots of whole green coffee beans contained evidence of rodent and insect infestation...

• 79 rodent excreta pellets (REPs) were observed directly on the surface of burlap bags of green coffee beans throughout a pallet of (b)(4) 132 lb. bags. Rodent nesting material was observed on the bottom layer on a pallet of stacked bags; and

• 17 REPs and one apparent insect larvae with insect webbing were observed on the surface of burlap bags of green coffee beans on a stacked pallet of (b)(4) 132lb bags...

• 55 REPs were observed on the surface of burlap bags of green coffee beans throughout a pallet of (b)(4) 132lb burlap bags. A gnaw hole approximately 1/2 inch in diameter was found on one burlap bag. Three insect larvae with webbing and two live insects were found on the outside of the burlap bags;

• 10 REPs were observed on the surface of burlap bags of green coffee beans on a pallet of (b)(4) 132 lb. burlap bags. 12 REPs were found on the cardboard slip underneath the pallet; and

• 27 REPs were observed inside the shrink-wrap surrounding (b)(4) pallets, each containing (b)(4) 132 lb. burlap bags of green coffee.

Production Room:

• At least 200 REPs and a fluorescent stain were observed on and around the bottom shelf of a shelving unit stored in the southwest area;

• At least 115 REPs were observed along the floor/wall junction and among stored boxes in the southwest area;

• At least 144 REPs were observed on the floor surrounding and throughout two stacks of empty pallets stored in the southwest corner;

• 68 REPs were observed on the floor along the south wall in the southeast corner;

• 52 REPs were observed on the floor between plastic bins containing roasted coffee and the west wall;

• A hole behind a shelving unit in the southeast corner containing at least 3 REPs;

• An approximately 20 inch wide gap approximately 4 inches above the floor/wall junction between the cement ledge and wood wall along the west wall, containing 55 REPs;

• At least 90 REPs were observed against the south wall between the (b)(4) and (b)(4) rows of pallets containing green coffee beans in burlap bags;

• At least 300 REPs and fluorescent stains were observed on the floor along the west wall south of the main stairwell; and

• 33 REPs were observed against the south wall between the two western most rows of pallets containing green coffee beans in burlap bags.

Training Room:

• 22 REPs were observed in the production room along the front floor/wall junction;

• At least 100 REPs were observed at the floor/wall juncture behind storage racks and Styrofoam packaging material along the south wall;

• 55 REPs were inside a cardboard box with loose tea; and

• Three holes were observed along the north wall, 1 inch wide containing 4 REPs, 2 1/2 inches wide, and 6 inches in width containing 6 REPs.

Break Room:

• At least 40 REPs were observed at the floor/wall junction along the north wall;

• At least 120 REPs were observed on the surface of two tables along the east wall, and at least 175 REPs were observed beneath the same two tables; and

• Two holes, were observed, one hole, 2 1/4 inches wide, in the northeast corner, and one hole, 2 1/2 inches wide, along the south wall, containing at least 4 REPs.

Tea Repackaging Area:

• REPs were observed on the floor and on shelving units.

One live rodent, approximately 4 inches long, was observed in an open doorway leading from the main stairwell toward the tea re-packing area.

The FDA acknowledges that Zoka responded to the inspector's concerns in May, but that the response was inadequate.

"Your response did not specifically address what, if any, corrective actions you have taken to clean the rodent excreta pellets that were observed in your facility and to sanitize the areas where the pellets were found," writes the FDA. "Nor did you provide documentation of other corrective actions."

The FDA also stated the Zoka's responses regarding concerns about employee sanitation, food storage, and other issues was inadequate.

The agency has given Zoka 15 days to respond in detail, including "each step taken or that will be taken to correct the violations and prevent recurrence. You should include in your response any documentation or other useful information that would assist us in evaluating your corrections. If you cannot complete all corrections before you respond, you should explain the reason for your delay and state when you will correct any remaining violations."

UPDATE: We have spoken to a rep for Zoka, who says the company has been working with the Washington State Dept. of Agriculture and that it quickly got the conditions at its facilities back up to snuff following the FDA inspection. Zoka points out that the FDA has not yet done a re-inspection of the building. The company says it has photos and documentation to demonstrate that it is now in compliance and will be sending them to Consumerist soon.

WARNING LETTER [FDA.gov]

Thanks to Camille for the tip!

Wall Street Journal Changes Privacy Policy To Track Users' Browsing Data Without Consent

2011-09-29T15:13:00.000-07:00

Wall Street Journal Changes Privacy Policy To Track Users' Browsing Data Without Consent:

Because News Corp. has apparently given up any pretensions to respecting the privacy of others, it recently updated the privacy policy for the Wall Street Journal website to allow the company to connect personally identifiable information with Web browsing data without user consent.

Before the change, which was made on Tuesday, the WSJ.com privacy policy stated it would obtain "express affirmative consent" to combine personal data with "click stream information."

And it's not just WSJ.com. The change is being made to all member sites in the Journal's Digital Network, including Marketwatch.com, AllthingD.com, Barrons.com and SmartMoney.com.

Additionally, the privacy policy now states that the sites collects mobile browser ID information.

Why the change?

The network's general manager says that by combining the identifying info with the browsing history, it will "allow us to provide customized Wall Street Journal service information to our users."

She adds that the change "is not being applied retrospectively and only applies going forward to new registered users and subscribers."

If this is truly a benefit to users of the Wall Street Journal sites, News Corp. should make it opt-in only and be compelled to make its case to its readers, rather than making a quiet, behind-the-scenes change in its long-winded privacy policy.

Wall Street Journal Revises Its Privacy Policy [WSJ.com]

FDA Scolds Big Corn For "Corn Sugar" Ads & Websites

2011-09-16T16:51:00.000-07:00

FDA Scolds Big Corn For "Corn Sugar" Ads & Websites:

For more than a year, the folks at the Corn Refiners Association have been making a very public push to rebrand the controversial but widely used high fructose corn syrup as "corn sugar," telling consumers that "sugar is sugar." But newly uncovered correspondence between the Food and Drug Administration and Big Corn show that regulators aren't exactly thrilled about the new name.

The Associated Press has seen a letter sent from an FDA director to the Corn Refiners Association in July. In which the agency writes, "We request that you re-examine your websites and modify statements that use the term 'corn sugar' as a synonym for (high fructose corn syrup)."

But that was July, and yet CornSugar.com still operates because the FDA can't stop an ad campaign that only seeks to promote an entire industry. However, if someone were to change HFCS to "corn sugar" on an ingredients list before the FDA has signed off on the name change, then the agency has the authority to intervene.

A rep for the Refiners defends the campaign to the AP by saying, "We do not believe that anyone could be confused or believe that the statements regarding 'corn sugar' on the websites refer to anything other than high fructose corn syrup."

Except... the FDA already has something it calls "corn sugar." You might know it as dextrose.

Big Corn had previously attempted to rebrand HFCS as "corn syrup," even though it's not the stuff you buy in the Karo bottle in the baking aisle.

Regarding the "corn syrup" change, which was subsequently dropped in favor of the change to "corn sugar," an FDA deputy commissioner reportedly wrote, "It would be affirmatively misleading to change the name of the ingredient after all this time, especially in light of the controversy surrounding it... If we allow it, we will rightly be mocked both on the substance of the outcome and the process through which it was achieved."

Earlier this year, a group of non-corn sugar companies filed a lawsuit against the Corn Refiners, ADM, Cargill and others over the "corn sugar" ad campaign, calling it "false advertising, pure and simple."

AP Exclusive: Officials slams corn industry attempt to rebrand high fructose corn syrup [AP]

Domino's CEO: Why Put Calories On The Menu If 90% Of Our Customers Never Enter The Store?

2011-08-16T14:33:00.000-07:00

Domino's CEO: Why Put Calories On The Menu If 90% Of Our Customers Never Enter The Store?: "

As regulations requiring all restaurants with 20 or more outlets to label their in-restaurant menus with calorie info go nationwide, the CEO of Domino's Pizza says the idea -- as constructed by the federal government -- just doesn't fit a business like his, given the variable nature of pizza and its many toppings and the fact that store owners are paying for sign updates that most customers will never see.

J. Patrick Doyle, the pizza chain's president and CEO, lays out his objections to the law in an op/ed piece for TheHill.com, but here are the highlights of his argument:

* 90% of Domino's orders are placed online or by phone, meaning that adding those calorie counts to the menu is virtually pointless.

* Doyle claims the FDA regulation doesn't account for foods like pizza that have a vast range of calorie possibilities, depending on what the customer orders and how many people share the pizza. He says the law requires Domino's to give calories for a whole pizza, while customers would rather it be done by the slice.

* In places like New York, where calorie counts have been on the menu for quite some time, Doyle says the company has seen no change in ordering habits.

* While there are many, many Domino's around the country, Doyle says that the average franchise owner has four stores and half of the franchisees only own one. But because they fall under the Domino's umbrella, they are each required to have the calorie counts.

Concludes Doyle:

It is absurd to impose rules that will increase costs to business in a manner that will never be seen by 90 percent of our customers, and will be so confusing as to be ignored by the very few who ever see it.. We strongly support the spirit of what the FDA is trying to provide to consumers. The FDA should let us continue to give customers relevant nutritional information where they actually order, in an efficient and fair way, so we can get back to growing our businesses.

On menu regulations, government must do better [TheHill.com]

Ball Park & Oscar Mayer Square Off In Court Over Who Has The Best Wiener

2011-08-15T13:43:00.000-07:00

Ball Park & Oscar Mayer Square Off In Court Over Who Has The Best Wiener: "

'Let the wiener wars begin.' That's what a judge in a legal battle between the nation's two biggest hot dog brands declared earlier today, as the makers of Oscar Mayer and Ball Park franks each accused the other of misleading and deceptive advertising practices.

Lawyers for Ball Park's parent company Sara Lee, and Kraft Foods, the folks behind Oscar Mayer hot dogs, have been suing and countersuing each other for two years, each alleging that the other is lying to consumers about the qualities of their product while unfairly disparaging their competitors.

It all began in 2009 when Sara Lee sued over Oscar Mayer ads claiming that its dogs had bested Ball Park in a national taste test. Sara Lee lawyers say the test in question was less than scientific. 'They were served boiled hot dogs on a white paper plate,' adding that Ball Park dogs are intended to be eaten on a bun and might taste overly salty otherwise.

That same year, Kraft sued over Ball Park ads that called the hot dogs 'America's Best Franks' and claimed that other hot dogs 'aren't even in the same league.'

In addition to these allegations, the court will hear Sara Lee's arguments that Oscar Mayer Jumbo Beef Franks are not '100 percent pure beef' as advertised.

From the AP:

Kraft defends the '100 percent pure beef' tag, saying its intent was to state that the only meat used is beef. Some industry hot dogs include a mix of turkey, pork, chicken or other meats. Kraft further argues that the 'pure beef' label is justified because surveys show a perception among some consumers that hot dogs contain 'mystery meats.'

The judge tried to interject some common sense into the trial.

'Don't we have here a couple of big hot dog companies just saying they are the best?' he asked. 'Is there something more unusual going on here than what goes on every day?'

The judge pointed out the pot-kettle nature of the lawsuits when the Ball Park lawyer brought up the aforementioned issue of the allegedly tainted taste test around which Oscar Mayer based its ad campaign. He noted that Ball Park had done something similar by running ads citing an award given to the hot dog by a group of 10 top San Francisco chefs.

'And how would ten chefs in San Francisco know what the best hot dog is when they have never been to Chicago or tasted a Chicago hot dog?' asked the judge.

Dogs day in court: 'Let the wiener wars begin' [Chicago Tribune]

Government Wants Organic Small-Batch Ice Cream Maker To Stop Making Organic Small-Batch Ice Cream

2011-08-15T13:39:00.000-07:00

Government Wants Organic Small-Batch Ice Cream Maker To Stop Making Organic Small-Batch Ice Cream: "

Nice Cream is a small ice cream company in Chicago that does something strange and daring in the modern food landscape: they make and sell ice cream using only ingredients with names that ordinary people can pronounce. Ingredients such as 'cream,' 'eggs,' and 'pie.' The tiny company was a classic recession success story: a laid-off teacher experiments at home with her Cuisinart ice cream maker, and with hard work and creativity creates a delicious product that's eventually sold at Whole Foods. But the state of Illinois doesn't really see it that way, and Nice Cream will have to shut down or make drastic changes to its products and process in order to stay legal. They're first, and other small-batch ice cream makers could be next.

The problem is that regulations are designed for industrial food production, not tiny companies making gourmet products. Illinois requires pasteurization and regular bacteria tests for perishable prepared food like ice cream, and the company rents kitchen space and doesn't have the required pasteurization equipment. Acquiring that equipment would cost an estimated $40,000. There is a way around it: use pre-made ice cream mix and fruit syrups instead of the current pronounceable ingredients and fresh fruit. That's not a product that fans are going to pay $8.99 a pint for.

Local ice cream makers face shutdown by state [Chicago Tribune]

Nice Cream [Official Site]

Atlanta Teacher Exposes Teacher-Aided Cheating On Standardized Tests

2011-08-09T08:14:00.000-07:00

Atlanta Teacher Exposes Teacher-Aided Cheating On Standardized Tests: "

Incentivized standardized tests are designed hold teachers and schools accountable for student performance, but they also provide plenty of motivation to artificially inflate test scores. A teacher in Atlanta helped expose her colleagues of doing just that.

CNN reports her suspicion helped lead to the revelation that 178 teachers and administrators at 44 Atlanta schools were somehow involved in score inflation.

The teacher, who was a witness in a state investigation, said she suspected chicanery when other teachers' students started making her kids -- and in turn, her -- look bad:

'I started believing that I wasn't a good teacher. Other teachers were coming in with these perfect scores and mine are not so perfect. I mean they weren't bad, they were just normal.'

When the teacher initially brought her concerns to her principal about how kids who couldn't read or count did so well on the tests, he dismissed her insinuation, calling the kids 'good guessers.' Now some teachers and administrators are facing criminal charges, having guessed incorrectly that they wouldn't be caught.

Cheating report confirms teacher's suspicions
"

Department Of Justice, Four States File Fraud Suit Against For-Profit College Company

2011-08-09T07:22:00.001-07:00

Department Of Justice, Four States File Fraud Suit Against For-Profit College Company: "

The for-profit college industry has earned a reputation for shady methods of operation, such as peddling flimsy academic credentials for high prices and minimal effort in the classroom, and now the government is taking one of the largest corporations in the industry to court.

The New York Times reports the U.S. Department of Justice and four states are suing the Education Management Corporation (EDMC), which operates the Art Institutes, Brown Mackie College and several other institutions, seeking $11 billion. The plaintiffs, which include California, Illinois, Indiana and Florida, contend that EDMC received $11 billion financial aid from 2003 to 2011.

The suit accuses EDMC of violating a federal law against paying recruiters based on the number of students they manage to enroll. Each year, EDMC certified that it was in compliance with the law.

A lawyer who's filing the suit says EDMC is representative of system-wide exploitation:

'The depth and breadth of the fraud laid out in the complaint are astonishing. It spans the entire company -- from the ground level in over 100 separate institutions up to the most senior management -- and accounts for nearly all the revenues the company has realized since 2003.'

EDMC countered in a statement:

'The pursuit of this legal action by the federal government and a handful of states is flat-out wrong. EDMC's 2003 compensation plan followed the law in both its design and implementation, as EDMC's response to the governments' complaint will show.

'Federal regulations issued in 2002 permitted companies to consider enrollments in admission officer compensation, so long as enrollments were not the sole factor considered. To ensure compliance with this regulation, EDMC worked closely with outside experts in both human resources and education law to develop a plan that required consideration of five quality factors along with enrollment numbers to determine salaries.'

If you've studied at a for-profit college, was your education worthwhile?

For-Profit College Group Sued as U.S. Lays Out Wide Fraud [The New York Times]

Department Of Justice, Four States File Fraud Suit Against For-Profit College Company

2011-08-09T07:22:00.000-07:00

'The depth and breadth of the fraud laid out in the complaint are astonishing. It spans the entire company -- from the ground level in over 100 separate institutions up to the most senior management -- and accounts for nearly all the revenues the company has realized since 2003.'

EDMC countered in a statement:

'The pursuit of this legal action by the federal government and a handful of states is flat-out wrong. EDMC's 2003 compensation plan followed the law in both its design and implementation, as EDMC's response to the governments' complaint will show.

'Federal regulations issued in 2002 permitted companies to consider enrollments in admission officer compensation, so long as enrollments were not the sole factor considered. To ensure compliance with this regulation, EDMC worked closely with outside experts in both human resources and education law to develop a plan that required consideration of five quality factors along with enrollment numbers to determine salaries.'

If you've studied at a for-profit college, was your education worthwhile?

For-Profit College Group Sued as U.S. Lays Out Wide Fraud [The New York Times]

Macy's Admits It's Totally Peeping On You In The Fitting Room

2011-08-08T22:24:00.000-07:00

Macy's Admits It's Totally Peeping On You In The Fitting Room: "

If you live in Florida and feel like someone's peeping on you in the department store fitting room to make sure you're not thieving, well, they could be!

Local 10 News in Tampa Bay checked into a certain Macy's and discovered many of their privacy doors were installed backward, with the slats facing downward instead of up, thus allowing an outsider to peer in.

When they brought this to the attention of Macy's, the store was all like, yep! We do that!

"Retailers work hard to strike a balance between preserving the privacy of customers, providing customer service, maintaining customer safety in fitting rooms, and deterring the theft of merchandise," said Melissa Goff, Vice President of Media Relations & Cause Marketing at Macy's. "Macy's is continually reviewing our policies and procedures to ensure we are serving the best interests of all of our customers. We strive to make customers feel safe and secure at Macy's."

They apparently do this all across the country, whenever states allow it by law.

The news station says the issue came to light when a former employee who worked at loss prevention realized the doors were backward, and reported it to his managers. He claims he was soon retaliated against for his report, and eventually fired, ostensibly for other reasons.

F.S.S. 877.26 allows stores to monitor customers from outside a dressing room, but it's pretty uncool that stores aren't telling customers they're doing so in that way.

Other stores who permit the backwards door slat method are Saks Fifth Avenue, Ann Taylor Loft and Dillard's.

Hidden cameras expose privacy problems in Macy's fitting rooms [WTSP10 News]

Many US ISPs in epidemic of covert search-hijacking of their customers

2011-08-05T16:52:00.000-07:00

Many US ISPs in epidemic of covert search-hijacking of their customers: "The Electronic Frontier Foundation worked with UC Berkeley's International Computer Science Institute to uncover a widespread program of search-hijacking by American ISPs. Many US ISPs run covert proxies that redirect certain lucrative search queries (made by customers who believe that they are searching Google or another search engine) to their preferred suppliers, pocketing an affiliate fee for delivering their customers. Participating ISPs, which include Cavalier, Cogent, Frontier, Fuse, DirecPC, RCN, and Wide Open West (Charter used to do this, but appear to have stopped), did not disclose the practice to their customers, who were meant to believe that they were getting the search results that their preferred search-engines had presented.

EFF and ICSI uncovered the vendor that supplied the hijacking software, a company called Paxfire.

Using EFF's HTTPS Everywhere Firefox extension and a search-engine that permits HTTPS logins (such as Google or DuckDuckGo) will prevent this sort of hijacking.

The published research papers did not identify the controller of the proxy servers that were receiving the traffic, but parallel investigations by the ICSI Networking Group and EFF have since revealed a company called Paxfire as the main actor behind this interception. Paxfire's privacy policy says that it may retain copies of users' 'queries', a vague term that could be construed to mean either the domain names that they look up or the searches they conduct, or both. The redirections mostly occur transparently to the user and few if any of the affected ISP customers are likely to have ever heard of Paxfire, let alone consented to this collection of their communications with search engines.

The proxies in question are operated either directly by Paxfire, or by the ISPs using web proxies provided by Paxfire. Major users of the Paxfire system include Cavalier, Cogent, Frontier, Fuse, DirecPC, RCN, and Wide Open West. Charter also used Paxfire in the past, but appears to have discontinued this practice.

Why do they do this?

In short, the purpose appears to be monetization of users' searches. ICSI Networking's investigation has revealed that Paxfire's HTTP proxies selectively siphon search requests out of the proxied traffic flows and redirect them through one or more affiliate marketing programs, presumably resulting in commission payments to Paxfire and the ISPs involved. The affiliate programs involved include Commission Junction, the Google Affiliate Network, LinkShare, and Ask.com. When looking up brand names such as 'apple', 'dell', 'groupon', and 'wsj', the affiliate programs direct the queries to the corresponding brands' websites or to search assistance pages instead of providing the intended search engine results page.

Widespread Hijacking of Search Traffic in the United States

(Image: 2005_South Africa_Centurion_DSCF0242, a Creative Commons Attribution Share-Alike (2.0) image from hmvh's photostream)

Delta And US Airways Will Refund "Taxes" Collected During FAA Shutdown

2011-08-02T19:47:00.000-07:00

Delta And US Airways Will Refund "Taxes" Collected During FAA Shutdown: "

Delta was the first airline to start giving out refunds for the extra money they've been scalping from passengers while the FAA remains shut down. After the airline made the announcement Monday, US Airways on Tuesday said they would follow suit.

Until its mandate is re-extended, the FAA has no authority to collect federal taxes, which are assessed on each passenger's ticket. Most airlines opted to raise airfares the same amount as the tax amount, which is essentially a hidden fare increase.

Last week the IRS asked airlines to please give people refunds for the money and said that airlines can do so, just like when a refundable ticket is exchanged.

The refunds will apply to travelers who bought tickets on or before July 22 and flew between July 22 and whenever the FAA's lights go back on.

Delta has not said when the refunds are going to start coming, but a spokesperson told USA Today that, 'it should be relatively soon.' Yeah, when an airline tells you it should by any time now, it's time to break out a thick book.

Delta to refund taxes for travel during shutdown [The Dallas Morning News] (Thanks to Michael!)

US Airways joins Delta in refunding ticket taxes paid before FAA shutdown [Washington Post]

PREVIOUSLY

Senators Blast Airlines For Profiteering During Tax Holiday

How To Get A Tax Refund From JetBlue

Airlines Not Passing On Savings Of Not Having To Pay FAA Taxes

Delta, Continental, Others Jack Up Fares After Federal Tax Takes Vacation

Ticketmaster Makes Deal With Walmart, Devil Confused As To Whose Soul To Collect First

2011-08-02T19:23:00.000-07:00

Ticketmaster Makes Deal With Walmart, Devil Confused As To Whose Soul To Collect First: "

Earlier today the nation's largest retailer, Walmart, announced a deal with the nation's least essential company, Ticketmaster, to sell overpriced tickets via in-store video screens at hundreds of Walmarts around the country.

'By integrating ticketing into Walmart stores, we are able to offer fans this very convenient way to learn about upcoming events, purchase and take home tickets without leaving their neighborhood,' said Nathan Hubbard, CEO of Ticketmaster about the unholy alliance between the two companies.

The ticket-vending displays will be popping up at various Walmarts in California, New York, New Jersey, Texas, North Carolina, Massachusetts, Connecticut, Rhode Island, Maine, New Hampshire, Pennsylvania, Indiana and Florida.

Ticketmaster says it will be coming up with exclusive deals for tickets (no doubt promoted by its parent company Live Nation at Live Nation-owned venues) for Walmart shoppers.

Both companies are perennial entries in the Consumerist Worst Company In America tournament. Ticketmaster has made the competition's Final Four for several years in a row, an made a good showing in the 2010 Finals before losing out on the Golden Poo to Comcast.

What If Food Labels Looked Like This?

2011-08-01T16:31:00.000-07:00

What If Food Labels Looked Like This?: "

Maybe the real reason Americans are so fat is because our food labels are so ugly. If they were easier on the eye to read, maybe more people would read them and make better eating choices. That was the idea in mind behind a recent design contest at the University of California, Berkeley, School of Journalism aiming to give the standard government-mandated food label a much-needed makeover. The winning entry uses colored boxes for each ingredient that are sized in proportion to how much of each is inside the package.

The entry submitted by designer Renee Walker is a big improvement in terms of readability. The simple graphical approach makes it easier to understand what's inside. The question is whether it would be able to deal with products that have a more complicated series of ingredients. You can look through the juried selections yourself and vote for the best one by sharing it on Facebook. The winners will be forwarded onto the FDA for consideration.

Rethink the food label [News21]

Designing a Better Food Label [NYT]

How Long Should Paid-Off Medical Debt Be Part Of Your Credit Report?

2011-08-01T16:24:00.000-07:00

How Long Should Paid-Off Medical Debt Be Part Of Your Credit Report?: "

This is very good news because. I owe Group Death $$$ for a eye prescription that is High Way Robbery. The charge was just for the prescription not including eye glasses.

Right now, any medical debt that gets sent to a collections agency can remain on your credit report for up to seven years, even after it's been paid off. This ding on your credit score can be the difference between qualifying for a loan or being denied. That's why the House Committee on Financial Services is looking at a bill that would erase some paid medical debts from folks' credit reports.

The Medical Debt Responsibility Act, introduced earlier this summer by Congressman Heath Shuler of North Carolina, would require the three major credit bureaus -- Equifax, TransUnion and Experian -- to remove records of medical debt of up to $2,500 within 45 days of being paid off.

'Small amounts of medical debt cause huge credit problems for millions of responsible, hard-working Americans who have suffered an illness or accident,' said Shuler when the legislation was first introduced. 'By keeping cleared medical debt off of credit reports, this bill will allow more Americans to have the credit score they deserve and need to buy homes and stimulate economic growth in their communities.'

Says Congresswoman Nydia Velazquez of NY, a co-sponsor of the bill, 'Medical debt is not a reliable indicator of credit risk, yet nearly a quarter of Americans have seen their credit scores plummet because of small, routine medical bills.'

A rep for the American Bankers Association argues that lenders have a right to know about an applicant's entire payment history, saying that while the debt the bureaus would be required to be remove 'is not major medical debt, but still, there are exceptions that seem to undermine the purpose of credit reports even if well-intended.'

The credit bureaus worry that, by deleting this information from a credit report, borrowers might qualify for loans they are not prepared to pay. 'Expunging predictive information is not in the best interest of consumers or credit granters -- both of which benefit when credit reports and scores are as accurate and predictive as possible,' reads a statement from VantageScore, a credit-scoring company developed by Experian, TransUnion and Equifax.

Where do you come down on this issue -- Is seven years too long for a paid-off doctor's bill to remain on a credit report? Is erasing the debt record after 45 days too soon?

Bill seeks to erase medical debt from credit reports [CNN Money]

Inmate Ran $1 Million Credit Card Scam Using Cell Phone & Secret Shoppers

2011-08-01T15:59:00.000-07:00

Inmate Ran $1 Million Credit Card Scam Using Cell Phone & Secret Shoppers: "

Armed with only an illegal cellphone and a cadre of secret shoppers, an inmate at the nation's largest single federal prison was able to coordinate upwards of $1 million in credit card fraud in the outside world.

According to a rather exhaustive piece in the Cleveland Plain-Dealer, the inmate, already serving time in New Jersey for credit card fraud, would spend up to 17 hours a day on his phone, calling directory assistance to ask for the numbers of people with names that matched those of his cohorts on the outside.

He'd then call these people, posing as a staffer from a utility or cable provider, trying to wrest even a small portion of identifying info -- birth date, some digits from their Social Security Number -- from them. Then he'd call up the credit card companies, often pretending to be a fraud investigator at the same company, trying to turn that scrap of information into all the relevant details he would later need. If the employee became suspicious, he would hang up and try again until he found someone who he could sweet talk.

Once he had all the info to steal someone's identity, he would once again contact the credit card folks, this time to either add one of his shopper's as an approved user on the card or to have his shoppers' name and info swapped in for the real user.

With that nasty business out of the way, the inmate's secret shopper crew could now go about their business of running up huge credit card tabs on the heisted accounts. If stores checked with the credit card providers, these shoppers would show up as approved users, so they were able to go about their business unimpeded.

The shoppers would go into stores with detailed list of things to purchase, which would then be sold to pre-arranged buyers for around half of the retail value, all of it profit to the criminals.

It wasn't until a detective from Ohio began investigating an incident at a local Lowe's, where one of the shoppers had purchased over $14,000 of stuff with someone else's card, that the inmate's plot began to unravel. The investigation would eventually involve the U.S. Attorney's office, the federal prison system and a wiretap on the inmate's phone.

After investigators figured out how the inmate was directing his crew from behind bars, they identified a handful of stores that were to be visited by the secret shoppers. The stores were to allow the transactions to go through while investigators followed the shoppers and other crew members to find out how the goods were being distributed.

When police finally swooped in, the inmate was found to have three phones -- it's not known if they were used in the scam -- along with notebooks full of names, credit card and Social Security Numbers.

Even after he was taken to Ohio to face these new charges, the inmate still managed to use the prison pay phone to continue his scheming. A search of his new prison cell turned up a six-page spreadsheet containing credit card information, a packet of receipts, canceled checks, bank statements and credit-card images.

He even attempted to pass himself off as a member of the U.S. Marshal's service to get himself transferred to another prison.

The inmate eventually pleaded guilty to wire fraud and ID theft charges and was sentenced to an additional 14 years in prison. Authorities have asked that he be labeled 'a serious telephone abuser' so that his access to prison pay phones will be limited.

Inmate's huge credit-card scam unravels when Bath Township detective connects dots [Clevand Plain Dealer]

Get $15, $30, Or $60 In Chase Credit Card "Payment Protection" Class Action

2011-07-28T13:20:00.000-07:00

Get $15, $30, Or $60 In Chase Credit Card "Payment Protection" Class Action: "

You're eligible to claim cash if you had a Chase credit card and got charged for a payment protection product between Sept 2, 2004 and Nov 11, 2010, thanks to a recent class action settlement.

The suit alleges that JP Morgan Chase enrolled cardholders in Payment Protection Plans without being completely upfront about the terms of the plans. These plans suspend interest on balances and let you make only minimum monthly payments for up to two years. They are supposed to be for when a major life event or tragedy makes it impossible for you to keep paying your credit card bill. While normal interest is suspended, the program charged .8% of your balance as a monthly fee.

Part of the rub is that they enroll you in advance of the event, charging you $.89 for every $100 of the monthly balance you carry.

Additionally, in order to increase enrollment, Chase sent out $20 checks to prospects. If you cashed the check, you were enrolled in the program. The lawsuit, and complaints online, like this one on Consumerist, say that canceling was difficult and customers were subjected to a lengthy retention process.

Chase has admitted no wrongdoing and agreed to settle, creating a fund of $20,000,000.

You have until August 8th to make your claim and only people who fill out the claim form will get monies. The monies will be $15, $30, or $60 depending on how aggrieved is the class you fall into.

Kardonick v. JPMorgan Chase & Co. Settlement [Official Site]