Ticketmaster Pays $50,000 Fine, Closes More Than 100 Deceptive Site [Tickets]

Ticketmaster Pays $50,000 Fine, Closes More Than 100 Deceptive Site [Tickets]

via Consumerist by Carey on 6/30/09

Ticketmaster will pay a $50,000 fine and shutter more than 100 deceptive brokerage sites as part of a wide-reaching agreement with Illinois Attorney General Lisa Madigan. Madigan's office accused Ticketmaster's always shady subsidy, TicketsNow, of creating sites that masqueraded as local venues selling tickets at face value. The settlement also requires TicketsNow to wait until after Ticketmaster puts non-sporting events on sale before hawking tickets at outrageously inflated prices.

As part of the agreement, TicketsNow will cease operating any Web sites that have misleading domain names and will refrain from affiliating with any Web sites that use similarly deceptive tactics. As a result of Madigan's investigation, TicketsNow has already disabled more than 100 suspect Web sites.

"Our investigation revealed that consumers who purchased concert tickets at TicketsNow Web sites often believed they were purchasing tickets from the actual event operators for their original value," Madigan said. "This agreement will substantially impact how the TicketsNow online brokers market popular event tickets so that consumers clearly understand that they are making purchases from a ticket reseller at marked-up rates."

In the course of the investigation, Madigan's office determined that TicketsNow, which is based in Rolling Meadows, Ill., was operating hundreds of affiliated ticket resale Web sites with misleading domain names that incorporated into the Web site URLs unique names of local venues, sports teams or performers. The TicketsNow-affiliated Web sites failed to clearly state that they were ticket resellers and had obtained tickets from secondary sources, such as season ticket holders, event promoters and venue operators, in advance of the public sale. As a result, consumers did not realize that they were ordering marked-up tickets from a TicketsNow-affiliated reseller.

The wires aren't yet saying how long TicketsNow will need to wait before reselling tickets at inflated prices.

This isn't the first time Ticketmaster has been pressured into abandoning questionable business practices. Back in February, Ticketmaster settled a complaint from New Jersey's Attorney General by agreeing to stop linking directly to TicketsNow. It just goes to show how many questionable practices Ticketmaster exploits.

MADIGAN: TICKETMASTER AGREES TO SHUT DOWN DECEPTIVE TICKET BROKER WEB SITES (Press Release) [Illinois Attorney General]
TicketsNow, Illinois Atty Genl Reach Agreement On Marketing [The Wall Street Journal]

Today In Local Douchebags

Today In Local Douchebags

via The Stranger by Dan Savage on 6/30/09

Lake City man sues to stop annual Fourth of July fireworks display at Gasworks Park... just days before the event.

The city should conduct a thorough environmental review before letting thousands of people watch fireworks from the partially remediated toxic-waste site that is Gas Works Park, an environmental activist says.

A Lake City man has sued to stop Fourth of July events at the park at the north end of Lake Union until the state shows that gathering to watch fireworks there is safe for viewers, the park and surrounding wildlife. Benjamin Schroeter, who is not an attorney, filed the lawsuit in King County Superior Court, arguing that the city failed to conduct a review in accordance with the State Environmental Policy Act before permitting the annual event.

This is the sort of crap that makes environmental activists look like assholes. Mr. Schroeter could've filed his lawsuit in January, or last August, and given the state some time to whip up the environmental review he's requesting. But he waited until days before the event because what he really wants is to see the event cancelled. Back to the Seattle Times:

Schroeter said he fears that all the people showing up at the park at once could kick loose the 18-inch cap of protective soil that helps keep contaminants locked in the dirt. He also wondered why shooting 5,000 explosive shells over Lake Union didn't require some kind of review to make sure it didn't hurt fish.

"I'm not trying to stop the fireworks," he said.

Sure you're not, asshole.

The city maintains that the annual fireworks display is exempted from environmental review by state law.

How, Exactly, Did E. coli Get In Nestle's Cookie Dough? [Food Poisoning]

How, Exactly, Did E. coli Get In Nestle's Cookie Dough? [Food Poisoning]

via Consumerist by Laura Northrup on 6/30/09

The recent discovery of E. coli O157 bacteria in Nestlé refrigerated cookie dough and subsequent recall of 30,000 tubs of said dough raises an urgent scientific question: Uh, how did that much cow poop end up in cookie dough?

After all, E. coli is a bacterium normally found in cow intestines. That's why contamination cases generally occur either in beef products, or fruits and vegetables fertilized with manure (or otherwise cross-contaminated.) So how did it get there? Nestlé doesn't know. Neither do the FDA or the CDC.

Health officials still do not know how E. coli 0157, a bacterium that lives in cattle intestines, ended up in a product that seems so unlikely to contain it. The risk usually associated with cookie dough is salmonella, a bacterium that can be found in raw eggs. None of the ingredients in the dough — eggs, milk, flour, chocolate, butter — is known to host E. coli 0157.

Federal investigators spent more than a week at the Danville plant and did not detect contamination in the equipment or among workers, Acheson said. "It raises the likelihood that it was an ingredient," he said. "And it really means that industry has to be constantly vigilant, because foods we think of as low risk could be contaminated with a deadly pathogen."

So be sure to eye your flour, butter, sugar, eggs, and chocolate chips suspiciously until this situation is resolved.

Incidentally, this paragraph in the Post story caught our eye:

Nearly all the victims, most of whom are female and younger than 19, reported eating raw cookie dough in the days before the onset of symptoms.

Because the ladies love raw cookie dough! Reports did not indicate whether any of the victims had recently been through a rough breakup, but we can infer.

In all seriousness, some of the victims are now severely ill, and we wish them a full recovery and for authorities to figure out what caused this.

E. Coli Confirmed In Nestlé Samples [Washington Post]
Cookie dough at Nestlé plant tests positive for E. coli [Consumer Reports]

(Photos: pyntofmyld)

Farmers Slaughtering Dairy Cows Rather Than Lose Money Producing Milk [Reces...

Farmers Slaughtering Dairy Cows Rather Than Lose Money Producing Milk [Recession Watch]

via Consumerist by Meg Marco on 6/22/09

It's so expensive to produce milk right now — due to low demand and high feed costs — that farmers are being paid to slaughter dairy cows in order to "shift the pain to consumers," says Bloomberg.

The National Milk Producers Federation in Arlington, Virginia, will pay dairies to slaughter 103,000 U.S. cows in coming months, says the article, causing milk futures to skyrocket. The U.S. Department of Agriculture is forecasting butter, cheese, and milk prices will be painful in 2010. Consumers can expect milk prices to double.

Retail butter prices may rise above the record of $3.937 a pound and cheddar cheese may top $5.097 a pound, according to Jerry Dryer, 65, the editor of the industry newsletter Dairy & Food Market Analyst in Delray Beach, Florida.

Experts say that farmers are culling the cows because exports have dropped 26% in the first quarter of 2009, while feed remained expensive.

"No one is making money producing milk," Wells Fargo's Swanson said by telephone from Minneapolis. "The milk price remains well below the total cost of production."

Bloomberg says it can cost as much as $17 to produce $10 worth of milk.

Dairy-Cow Kill to Double Milk Price on Biggest Slump Since 1980 [Bloomberg]
(Photo:nailmaker)

Citibank To Raise Salaries By 50% In Reaction To Bonus Limits [Executive Com...

Citibank To Raise Salaries By 50% In Reaction To Bonus Limits [Executive Compensation]

via Consumerist by Meg Marco on 6/24/09

The AP is reporting that Citibank will be raising salaries for certain employees by as much as 50% in order to offset the new bonus restrictions. The company faces the restrictions because it took bailout money.

Citi is changing its compensation in order to continue to pay its workers the same amount without breaking any rules:

"Citi continues to examine ways to ensure its employee compensation practices are competitive in this very challenging market environment," Citi said in a statement Wednesday. "Any salary adjustments are not intended to increase total annual compensation, rather to adjust the balance between fixed and variable compensation."

Citi boosting salaries to offset lower bonuses [AP]
(Photo:cmorran123)

Comics creator stopped by TSA for carrying script about writer under suspici...

Comics creator stopped by TSA for carrying script about writer under suspicion by TSA

via Boing Boing by Cory Doctorow on 6/27/09

Comics writer Mark Sable was detained and intensively questioned by the TSA for carrying a script for an upcoming comic book about a writer who is detained and intensively questioned by the TSA for writing a comic about terrorism.

"Flying from Los Angeles to New York for a signing at Jim Hanley's Universe Wednesday (May 13th), I was flagged at the gate for 'extra screening'. I was subjected to not one, but two invasive searches of my person and belongings. TSA agents then 'discovered' the script for Unthinkable #3. They sat and read the script while I stood there, without any personal items, identification or ticket, which had all been confiscated.

"The minute I saw the faces of the agents, I knew I was in trouble. The first page of the Unthinkable script mentioned 9/11, terror plots, and the fact that the (fictional) world had become a police state. The TSA agents then proceeded to interrogate me, having a hard time understanding that a comic book could be about anything other than superheroes, let alone that anyone actually wrote scripts for comics.

"I cooperated politely and tried to explain to them the irony of the situation. While Unthinkable blurs the line between fiction and reality, the story is based on a real-life government think tank where a writer was tasked to design worst-case terror scenarios. The fictional story of Unthinkable unfolds when the writer's scenarios come true, and he becomes a suspect in the terrorist attacks.

"In the end, I feel my privacy is a small price to pay for educating the government about the medium."

Comics artist Mark Sable detained for Unthinkable acts (Thanks, Nosehat!)

RIAA Member Settles Suit After Defendant Proves She Did Even Not Own a Compu...

RIAA Member Settles Suit After Defendant Proves She Did Even Not Own a Computer [Piracy]

via Gizmodo by Dan Nosowitz on 6/25/09

RIAA member Universal Music Group was forced to settle a piracy suit it had brought against Mavis Roy after suffering a bit of a setback in their prosecution: Mavis Roy did not own a computer when UMG first brought suit.

Roy, a New Hampshire resident, actually thought the letters she received from UMG's lawyers were either a joke or a scam and didn't respond for several months. Her reaction is pretty understandable; the RIAA simply directed her to a site where she could pay her "debt" with a credit card (which certainly seems like a scam) and, again, Roy did not own a damn computer.

UMG had mistakenly sued her due to the vast deficiencies in MediaSentry, the anti-piracy software the RIAA uses to track down pirates. MediaSentry incorrectly pinpoints IP addresses with not uncommon frequency, and this is obviously one such case. Roy mounted a case and UMG was forced to settle out of court, for fear that any decision at all would result in a precedent that could mean future suits could be thrown out as well. Unfortunately, the settlement does not include UMG paying Roy to apologize for being such a-holes about the whole thing, and neither side will receive any money. [Recording Industry vs. The People via Electronista]

How Did E. Coli Get Into Nestle's Cookie Dough? [Mysteries]

How Did E. Coli Get Into Nestle's Cookie Dough? [Mysteries]

via Consumerist by Alex Chasick on 6/24/09

USA Today is reporting that the FDA is "stumped" by the presence of E. coli 0157:H7 in Nestle Tollhouse Cookie Dough, which was recalled last week. How does bacteria normally associated with raw ground beef find its way into our buckets of delicious cookie dough? Some speculation, inside.

Tests haven't yet confirmed the presence of E. coli in the cookie dough, but the Centers for Disease Control and Prevention, state officials, and reports of what victims ate suggest the cookie dough was the culprit.

E. coli sickness is usually the result of eating contaminated beef, especially ground beef, so it's left everyone confused how this could happen in cookie dough. Bill Marler, a food safety lawyer who has litigated prominent E. coli cases offers, and rebuts, some hypotheses:

E. coli can contaminate milk; Wikipedia notes that it can get into milk from the udder or processing machines. It's unlikely that Nestle was using raw milk, though, and pasteurization would kill the bacteria.

E. coli can also be spread through poor hygiene by someone with the bacteria in his system (say by eating undercooked hamburger). An employee who didn't wash his hands after coming into contact with contaminated feces or anuses might be the source, but Marler doubts that it was an employee, given the size of the outbreak (illnesses have been reported in 29 states).

Marler notes that your typical dirty processing culprits, rats and mice, might have spread the bacteria, but warns that "always be aware that somewhere in the background likely lurks a cow." With milkfat and whey both on the list of ingredients, we wonder if either was responsible.

Nestle Recall Leaves a Mystery in Its Wake [WaPo]
So, How the Hell Does Cow Shit (E. coli O157:H7) Get Into Nestle's Toll House Cookie Dough? [Marler Blog]
(Photo: prep4md and jelene)

Former FDA Head Says Food Manufacturers Use Sugar, Salt, And Fat To Short Ci...

Former FDA Head Says Food Manufacturers Use Sugar, Salt, And Fat To Short Circuit The Brain's Reward System [Health]

via Consumerist by Chris Walters on 6/23/09

Do you have trouble resisting the urge to scarf down that cookie/candy bar/entree? Maybe it's because somewhere upstream, experts spent lots of time and money manipulating the ingredients to deliver the consumer to a "bliss point," suggests former FDA head Dr. David A. Kessler. His book "The End of Overeating" looks at how modern food has been designed to be as irresistible and satisfying as possible.

Dr. Kessler isn't convinced that food makers fully understand the neuroscience of the forces they have unleashed, but food companies certainly understand human behavior, taste preferences and desire. In fact, he offers descriptions of how restaurants and food makers manipulate ingredients to reach the aptly named "bliss point." Foods that contain too little or too much sugar, fat or salt are either bland or overwhelming. But food scientists work hard to reach the precise point at which we derive the greatest pleasure from fat, sugar and salt.

The result is that chain restaurants like Chili's cook up "hyper-palatable food that requires little chewing and goes down easily," he notes. And Dr. Kessler reports that the Snickers bar, for instance, is "extraordinarily well engineered." As we chew it, the sugar dissolves, the fat melts and the caramel traps the peanuts so the entire combination of flavors is blissfully experienced in the mouth at the same time.

The book is Kessler's attempt to understand how the brain responds to such perfectly designed food, and how people develop an uncontrolled eating pattern he calls "conditioned hypereating."

*Shrug* We don't know if it's worth a read or not. We just think it sounds like an interesting look at the modern food environment, where nearly everything consumable is packaged and marketed to you in the most attractive way possible. If you're a frequent dieter or overeater (Kessler admits to having been both), or just interested in the concept of food marketing, you might find it worth looking into.

"How the Food Makers Captured Our Brains" [New York Times]
(Photo: Got Jenna)

NY Attorney General Shuts Down Abusive Debt Collection Operation, Puts Owner...

NY Attorney General Shuts Down Abusive Debt Collection Operation, Puts Owner's Rap Career On Hold [Collection Agencies]

via Consumerist by Chris Walters on 6/23/09

The New York Attorney General shut down a network of debt collection agencies today that were run by convicted felon Tobias Boyland, who along with his colleagues impersonated police officers, threatened debtors with arrest, and told them they were being sued in civil court. Boyland is also an author and a musician, and he has an awesome website, bagsofmoney.us, which—warning—launches into a street-friendly rap song as soon as it loads.

But back to his collection agency side business. According to the Associated Press,

During one call recorded by a debtor, a man who vaguely identified himself as an investigator from "the warrant division" said one victim was about to be "picked up."

"Make sure you have somewhere for your kids to go. Lock up your house. Get some clean clothes, because you're not coming home anytime soon," the caller said.

In reality, authorities said, the business was run not by lawmen, but convicted felons. Its owner was former drug dealer who goes by the nickname "Bags of Money" and served 13 years for attempted robbery.

According to the Buffalo newspaper Business First, Boyland's debt collection agencies included:

Central Resource Management, Final Claims Asset Locators, Final Control Asset Locators, Interchange Payment Solutions, Next Step Services, Portfolio Asset Assurance, Silverbay Services, and Teleport.

"NY shuts down debt collection company run by felon" [Associated Press]
"AG shuts door on collection operation" [Business First of Buffalo]

RELATED
WhoCallsMe thread on Boyland [whocallsme.com]

Man Uses Geek Squad Badge To Impersonate Cop, Coerce Sex Out Of Prostitute [...

Man Uses Geek Squad Badge To Impersonate Cop, Coerce Sex Out Of Prostitute [Prostitution]

via Consumerist by Chris Walters on 6/22/09

If a man says he's a police officer and flashes a badge at you, then tells you to have sex with him or he'll arrest you, make sure the badge doesn't say Geek Squad on it first. That's what a woman says happened to her in Parsippany, New Jersey last week.

The alleged victim told police that she had agreed to meet the suspect - Jay Mora, 25, of Newark - at the hotel to "engage in a sex-for-money transaction," according to the police report.

While in a room together, Mora allegedly passed off his Geek Squad ID as a State Police badge and told the woman he would release her without arrest if she agreed to have sex with him, police said. After they engaged in sexual acts, the suspect allegedly refused to leave the room, police said.

We had no idea that Geek Squad IDs looked that real, but we'll be sure to keep this in mind the next time we take a computer in for repair and are suddenly "arrested" and carted off to the employee bathroom. Fool me three times, shame on me, fool me four times, I know that's not a police badge now.

By the way, maybe Geek Squad should rethink its faux-crime fighting branding a little, or at least get rid of the badges and the creative police force names for everyone. Check out these descriptions of positions from the Geek Squad website.

Available Positions:
Store Agent positions:

* Counter Intelligence Agent (CIA)
* Deputy of Counter Intelligence (DCI)
* Store Service Manager (SSM)

Field Agent positions:

* Double Agent (DA)
* Certified Special Agent (CSA)
* Deputy Field Marshal (DFM)

It sounds like Jay just took the whole conceit one step further, then added a dirty cop twist. (Note that we have no idea whether he's actually a Geek Squad employee at this point.)

"Cops: Man posed as officer, flashed 'Geek Squad' badge to force sex" [Daily Record] (Thanks to Jeremiah!)

(Photo: zyphbear and bradleygee)

Southwest Suddenly Decides Frequent Flyer Is Too Big To Fly [Southwest Airli...

Southwest Suddenly Decides Frequent Flyer Is Too Big To Fly [Southwest Airlines]

via Consumerist by Meg Marco on 6/22/09

This is reader Chip. He's 6'1" and says he flies twice a week for business, without incident, on Southwest Airlines. He is a self-described "big guy" but says he doesn't have any problem sitting in an airplane seat — and doesn't need a seat belt extender to do so. So, why did he suddenly get stopped at the gate and told he needed to buy a second ticket?

Chip writes:

I fly twice a week for business exclusively on Southwest Airlines. In the last year I have probably flown 50-60 times on Southwest. I am about as loyal a Southwest customer as could be expected.

So imagine my surprise last Monday when I went to board my 12:40pm flight from Las Vegas (where I live) to Omaha and was prevented from doing so an unruly the gate agent who thought just by looking at me, she could determine whether I was too big to fit in one seat and informed me that I needed to buy a 2nd ticket.

Now I am a big guy (6'1, a few extra pounds) but I've never been stopped, asked, suggested, or otherwise looked-at-funny that I should buy 2 seats, by Southwest or any other airline... so I initially shrugged it off as an honest mistake. But she wouldn't budge! Nor would two of the supervisors who were called. They dug their heels in and I stood there arguing with them as my flight boarded and left without me. This was a business trip, so I ended up losing a day of work.

The worst part of the whole experience, when I told them I fly twice a week they didn't believe me! I tried to get no less than four(4) Southwest staff to pull up my travel history, both to show them that I was a frequent traveler and my weight wasn't an issue, and to show them I'm a LOYAL customer, but they wouldn't do it. I was stunned at the lack of customer service.

The proverbial cherry on top of the whole ordeal was a backhanded apology by the final supervisor who said "he was sorry that I was never stopped before." Now I was irate.

Defeated, I went home to reschedule my flight for the next day. I looked up their rules for ejecting "persons of size" and it turns out the true test for determining if someone is too big for one seat is the put them in the seat and see if the armrests go all the way down. These people didn't even do that. They are clearly not allowed to just visually determine if someone is too big or not, that's discrimination! Mind you, I didn't get anywhere near the plane, this all happened at the top of the jetway where the tickets are collected.

It's been one week and although I've sent this to Southwest executives, Southwest customer service, and Southwest's twitter account, I have yet to receive any official response or apology from them other than the appalled customer service rep who's job it is to constantly apologize to people like me. Would this be a good time to mention that their customer service line is constantly busy and the only time to get through to them is 7am in the morning?

I'm not looking for any free stuff, all I want are the two Southwest employees who denied me my flight (one gate agent, one supervisor) to be educated on what their policies actually are so this won't happen again. As I said, I fly twice a week and I don't want to be ejected again.

Thanks Consumerist. Keep fighting the good fight!

Chip also provided a blog entry where he details his communication with Southwest. A customer service rep has indeed apologized over the phone, but could not guarantee that Chip wouldn't be randomly yanked from a flight in the future.

Here's what he would like from the airline:

1. An official written apology/letter from Southwest management that I can carry with me so as to prevent this from happening again.
2. An acknowledgment that the gate agent and supervisor acted in the wrong.
3. That gate agent and supervisor are reprimanded or otherwise informed that they acted in the wrong, directed to the actual guidelines for "customers of size" so they will not arbitrarily yank someone off a flight again.

That's all, no money, no free stuff, no lawsuit, no 6 o'clock news. Just an apology and some effort put into making sure this is not a repeat occurrence.

The policy as written is pretty clear, and Chip just wants it to be followed. That doesn't sound like too much to ask from a guy who flies twice a week. What do you think?

Chip says his rebooked (single ticket) flight to Omaha progressed without incident.

Frequent Traveler is Too Fat to Fly on Southwest Airlines [Chip's Blog]

Some Kindle books have secret caps on the number of times you can download them

Some Kindle books have secret caps on the number of times you can download them

via Boing Boing by Cory Doctorow on 6/22/09

It turns out that there's an undocumented restriction on Kindle books -- if you download them "too many" (where "too many" is a secret number) times to your Kindle or iPhone or whatever, you run out of downloads and can't get copies anymore.

Months ago, an Amazon manager wrote to me to tell me that the Kindle now had DRM-free options for ebooks, and to ask if I had any questions. I had three questions:

1. Is there anything in the Kindle EULA that prohibits moving your purchased DRM-free Kindle files to a competing device?

2. Is there anything in the Kindle file-format (such as a patent or trade-secret) that would make it illegal to produce a Kindle format-reader or converter for a competing device?

3. What flags are in the DRM-free Kindle format, and can a DRM-free Kindle file have its features revoked after you purchase it?

He never answered them. After promising to get back to me, he just disappeared and stop answering my emails. I wrote to Amazon later on behalf of the Guardian newspaper, asking the same thing, and they never replied to that, either. And my contact at O'Reilly, who are releasing their entire catalog as DRM-free Kindle books, has been blown off by his Amazon contact on these questions, too.

The news about a secret limit on downloads is part of #3: we found out the hard way that Amazon can revoke your Kindle's ability to read your ebooks aloud after you've bought them. Now we discover that there is a secret counter that limits your refreshes of your Kindle library (say, across multiple Kindle devices as you upgrade, or replace lost, broken or defective units).

It may be that the market would be willing to pay Kindle book prices for books with these restrictions (and whichever other ones are lurking in the shadows), but it's just not fair or right for a company that prides itself on being customer-centered to refuse to tell you what you're buying when you buy its ebooks.

When I got the Amazon Kindle app I knew there was one particular book I needed to download to both devices immediately. It's a reference book that I wanted to make sure that I had on my device as the weekend began. But when I opened the app it only showed me a small subset of my books. "What?" I wondered. I went into that digital download portion of Amazon store and there I saw a list of all the books that I have purchased for my Kindle. "Great," I thought "I'll just choose the books that I want and click the ' download/send it to...' Button next to the item." I clicked and a few books gave back the message "successfully sent to". A number of the books, however, including the one I was looking for, gave back the message that they were unable to be sent to my iPhone. I tried to download it to my iPod touch and received the same message...

The customer rep asked me to send every one of the books in my Amazon library to my iPhone. Most of them gave the message that they were sent but a number of them returned the message "Cannot be sent to selected device".

"Oh that's the problem," he said "if some of the books will download and the others won't it means that you've reached the maximum number of times you can download the book."

I asked him what that meant since the books I needed to download weren't currently on any device because I had wiped those devices clean and simply wanted to reinstall. He proceeded to tell me that there is always a limit to the number of times you can download a given book. Sometimes, he said, it's five or six times but at other times it may only be once or twice. And, here's the kicker folks, once you reach the cap you need to repurchase the book if you want to download it again.

Kindle's DRM Rears Its Ugly Head... And It IS Ugly (via /., and thanks to everyone who suggested it!)

Previously:

• Amazon releases some Kindle source-code - Boing Boing
• Kindle owners start to lose text-to-speech on purchased books ...
• If you lose your Amazon account, your Kindle loses functionality ...
• When it comes to the Kindle, authors are focused on the wrong risk ...
• Report from protest for blind rights at Authors Guild yesterday ...

UPS Damages $1,700 Worth Of Shipped Items, Admits They Messed Up, Still Won'...

UPS Damages $1,700 Worth Of Shipped Items, Admits They Messed Up, Still Won't Pay [Shipping]

via Consumerist by Phil Villarreal on 6/22/09

Awesomely-named reader DrSpaceMonkey tells us he shipped some stuff to himself during a move, discovered it was damaged, and now can't collect on his insurance.

Last week he wrote:

Okay, so I just moved across the country, and in the process, decided to ship a few things to myself via UPS. After doing some quick investigation, I found out that the only way to properly insure your stuff is to pay to have it packed at a UPS Store. Okay, no problem - there was one pretty close to my old place, and it would still be cheaper than paying a moving company to babysit a couple boxes (not taking too much stuff with me). So I bring a couple boxes of clothes that I packed myself and a computer that I paid the UPS store to pack. I get the extra damage insurance and at the recommendation of one of the staff, I print out a price quote for how much the computer would cost to buy over again since I no longer have the receipt ($1700). Fast forward a couple days, and I get my stuff delivered at my new place on the other side of the country. Only problem is the computer doesn't work. After looking at the packing materials, they didn't use any anti-static plastic, they just shoved it in the styrofoam chips. Oh boy, this is gonna be as fun as a trip to the dentist. So I call the UPS Store as per instructed to make a claim for damage. After some mixups on arranging to have a UPS driver come by and inspect the packaging, I'm finally told by UPS that the damage was caused by improper packing by the shipper (in this case, the UPS Store which is a franchise) and they can't discuss any of the claim details with me. After delaying a week or so, the UPS Store finally tells me that they won't be paying squat because the damage is "functional" instead of "physical", whatever the hell that means. The store manager even claims that she explained this difference to me when I originally called to inquire about shipping my things (she did no such thing according to my notes). She then tells me that the store owner will be handling things and gives me the contact info. So I call up the owner, and the guy tries to go all insuance company on me. Here's a partial transcript of the recording I made (yes, I decided to start recording calls):

Him: How do I know that the computer wasn't broken before?
Me: Well, normally what insuance companies normally do in situations like this is they check that what they're insuring is properly working before they insure it. Your staff at any time could have plugged the computer in and determined that it was working before they packed it. That's their failing, not mine.
Him: Well, my insurance coverage which you took the premium for, is saying that it's not covered. It didn't say that the package wasn't packaged incorrectly. There was no finding from UPS that we were responsible.
Me: That's not what I was told by UPS
Him: That's fine, if you'd like to proceed in other ways, then that's fine. But I'm not paying $1700
Me: So I just want to make sure I have the sequence of events right - I come in to your UPS store, pay your staff to pack
Him: You know what? You're talking to a lawyer, I don't need the sequence of events explained to me If you want to proceed through a small claims or some other avenue, then that's up to you.

So he essentially lawyers up and tells me to take him to court. Nice, huh? Oh, he DID offer to return my shipping and insurance costs (less than 10% of the cost of the computer they broke). Since UPS and the UPS Store are 2 different companies, UPS isn't doing anything. UPS Store corporate HQ is a little puzzled by this - they've told me that I paid the franchise to pack and ship it, computer died because they messed up, they should be paying. They're doing an internal thing and some district rep is going to be calling me. Fingers crossed.

We asked him for an update, and the news wasn't fabulous:

Well, the regional guy hasn't been in touch with me yet, but I did get another email from the UPS Store manager. She informed me that they won't pay the claim because policy dictates that they need original purchase receipts. This is different than what I was told when I shipped the computer. I didn't know how much to insure it for because I didn't know how much it was worth anymore, and I was told at the time that wasn't a problem and I should just get a price quote from Dell.com. So I borrowed their in-store computer, spec-ed out a similar system, printed out the cost summary and insured it for the purchase amount. The manager stapled the quote to her copy of the shipping receipt.

Oh, and I was cc'ed in on a response email from someone at the UPS Store corporate HQ who said that the manager's claim of needing original receipts was bogus because they had paid out claims before without them.

Sounds as though he's making slow, steady progress in prying the $1,700 from UPS's cold talons. But something tells me they're messing with the wrong SpaceMonkey.

(Photo: catastrophegirl)

Oh, Popchips, Say It Isn't So! [Grocery Shrink Ray]

Oh, Popchips, Say It Isn't So! [Grocery Shrink Ray]

via Consumerist by Laura Northrup on 6/21/09

A little over a week ago, we brought to you a heart-warming tale of good publicity, free stuff, and tasty snacks from PopChips. Lurking in our files, though, was evidence that Popchips have been savagely zapped by the Grocery Shrink Ray.

GALLERY


END

Tony sent this to us back in May. What's interesting is that the bag contents changed (from one ounce to .8 ounces...that's 20% less.) but that the size notation on the boxes hadn't been changed yet at that point.

PREVIOUSLY:
PopChips: Turning Loyal Customers Into Cult-Like Snack Food Following

Pizza Hut Tries To Avoid Blame For Its Pizza, Shortens Name To "The Hut" [Re...

Pizza Hut Tries To Avoid Blame For Its Pizza, Shortens Name To "The Hut" [Rebranding]

via Consumerist by Chris Walters on 6/19/09

Although the award for stupidest rebranding of 2009 remains with the SciFi Channel (it's changing to SyFy next month), Pizza Hut is running a close second by stripping out the food half of its food title and going with new branding that says it's just "The Hut."

Here's how The Hut's chief marketing officer explains it to Brandweek in an interview back in March:

yes, we're also introducing another vocabulary word with Pizza Hut, which is 'The Hut.' That ties in nicely with [today's] texting generation. We wanted to make sure that Pizza Hut and 'The Hut' become common vernacular for our brand. Red is our mark and when you see that red roof, people will refer to it as 'The Hut' or 'Pizza Hut.' As we expand our online and mobile businesses, 'The Hut' is the perfect icon for our mobile generation.

They're also trying to present a more healthful image by introducing multigrain crusts and "all natural" tomato sauce—which just begs the question, what's in their regular tomato sauce if not tomatoes?

No one in Pizza Hut's marketing department seemed to make the connection that a lot of people automatically add "Jabba" to the front of that phrase, which makes for an odd combination of imagery:

(You will not be surprised to learn that there's a website on the Hutt language.)

"'The Hut' Gives Pizza A Healthier Spin" [BrandWeek via dlisted]

Peter Pan Saves The Earth By Giving You Less Peanut Butter [Grocery Shrink Ray]

Peter Pan Saves The Earth By Giving You Less Peanut Butter [Grocery Shrink Ray]

via Consumerist by Phil Villarreal on 6/19/09

Pedro discovered that ConAgra Foods focused the Grocery Shrink Ray on Peter Pan peanut butter and came up with an excuse for the downsizing straight out of Never Never Land: It's good for the environment.

Take it away, Pedro:

ConAgra Foods, maker of Peter Pan Peanut Butter products has come up with an ingenious way to use the Grocery Shrink Ray Gun to pad their bottom line and at the same time save the Earth (or at least fool those pesky tree huggars!).

I normally eat PBnJ sandwiches at least 3 times a week. For myself, its been a staple for lunch that provides me a filling and delicious meal at a reasonable cost. However, the jar I normally purchase has been reduced in size to something slimmer, yet slightly taller. At first glance, it seems as if you're getting a larger jar. The bold sticker claiming "New Earth Friendly Jar - Now 9% less plastic per oz." even made me feel warm and fuzzy inside knowing that another corporate giant was taking a step to being a more responsible corporate citizen. Well on my way home, I got to thinking how strange it was for a claim to say 9% less per oz. The 'per oz.' just sounded fishy and based on what I read about the Grocery Shrink Ray Gun, I had my suspicions. When I arrived home, I pulled out my trusty calculator and went with my hunch. I wondered to myself if the difference in package sizes amounted to the very same 9% that ConAgra was claiming to save the Earth by. Well I divided the 462 grams of their Earth friendly jar with the 510 grams from their non-Earth friendly jar which gave me a figure of 91% rounded up. My suspicions were correct. ConAgra was saving the earth by selling us the same product in a smaller package at the same price. Grocery Shrink Ray guns strikes again!

For ConAgra to dupe their customers under the guise of an environmental goodwill gesture is downright sleazy. That's like GM selling an Eco Friendly Hummer because they created a model that had a 10 gallon fuel tank as opposed to a 20 gallon fuel tank (notwithstanding that they would also be ripping their customers by skimping on their product and selling less then what is expected).

How is this Earth friendly?

We suspect Captain Hook or his shifty-eyed first mate Smee have made off with the extra PB and this is all just a cover-up.

(Photos: Pedro)

Congress Readies Bill to Bring an End to ISP Data Caps6 [Broadband]

Congress Readies Bill to Bring an End to ISP Data Caps6 [Broadband]

via Gizmodo by Adrian Covert on 6/18/09

Eric Massa, a Congressman in western New York, has readied a bill that would force ISPs to justify economic need for data caps and volume-based usage fees. This would effectively bringing those practices to an end (for the time being).

Ars Technica says the constituents in Massa's district have been subject to data caps from both of the available broadband providers, and Massa thinks that the lack of competition in the broadband market makes volume usage fees unnecessary and unfair to consumers.

Instead, he wants broadband to be treated more like a utility, with the Federal Trade Commission deciding whether or not data caps are fair. And with the current phone/cable duopoly structure in the broadband landscape, Massa thinks companies can do without usage fees.

That said, this bill still has to make its way through House, then Senate and then onto the President's desk. And there have already been a fair number of detractors both inside and outside of congress. Basically, it has a long way to go. [House of Reps via Ars Technica]

Lawsuit Calls Infamous KFC Chicken Giveaway A "Bait And Switch" [Debacles]

Lawsuit Calls Infamous KFC Chicken Giveaway A "Bait And Switch" [Debacles]

via Consumerist by Meg Marco on 6/18/09

TMZ.com is reporting that chicken lovers have become disillusioned with KFC and are suing over the Oprah-endorsed Kentucky Grilled Chicken giveaway that went so horribly wrong last month.

According to TMZ, the lawsuit alleges that the giveaway was a "scam to deceive its customers into spending more dough."

From TMZ:

The suit says this "bait and switch" caused customers to incur "travel costs, paper and printing costs, postage, the money they spent on other food items at KFC on visits when they had intended to redeem the Coupon ... and the loss of the value of the promised Meal."

What do you think? Are you angry enough at KFC's lack of planning to sue them?

Customers: KFC Giveaway Clucked Up Our Lives [TMZ] (Thanks, J!)

Kids lose their summer break due to impenetrable bureaucratic mess

Kids lose their summer break due to impenetrable bureaucratic mess

via Boing Boing by Cory Doctorow on 6/17/09

A bureaucratic boondoggle in the western San Bernardino County, California school district will cost the students their summer breaks -- the schools inadvertently introduced a school-time shortfall amounting to two school days' worth of instruction time over the entire school year. Due to a quirk of regulation, they have to keep the schools in session for an extra thirty four days or lose $7 million in funding.

"We made an error on the minimum days of about five minutes," said Dickson Principal Sue Pederson. "Realistically, that's our accounting mistake as adults. We're unfortunately making the children pay for it by making them give up their summer."

Students at each school exceeded the state's requirement of at least 54,000 minutes of annual classroom time, but the problem arose in the district's minimum days. Schools typically have one shortened day per week, allowing teachers to use the remaining time for planning and parent conferences. Under state law, these days must be at least 180 minutes, and the daily average classroom time over 10 consecutive days must be 240 minutes.

An internal audit in early May discovered that 34 minimum days had been 175 minutes at Dickson and 170 at Rolling Ridge, said district spokeswoman Julie Gobin. That adds up to a shortage of 170 and 340 minutes, respectively, which could be made up in one or two school days. But under state law, these too-short days do not count at all, meaning that all 34 must be made up to avoid a state penalty of more than $7 million.

"The penalties for not meeting the instructional time requirements are high, much higher than just making up of the time," said Hilary McLean, spokeswoman for the state Department of Education. "It was the intent of the Legislature to make the penalties so stiff [in order] to discourage districts from shaving off minutes here and there."

Chino district's error delays summer break by 34 school days for some students (via Neatorama)

Ahmadinijad Lying Again With Photoshop [Photoshop]

Ahmadinijad Lying *Again* With Photoshop [Photoshop]

via Gizmodo by Jesus Diaz on 6/17/09

We knew about Ahmadinijad's crappy Photoshop skills before. This photo—cloning supporters to make a bigger crowd—is just confirmation that he and his minions are a bunch of morons. [Kheirkhah via Boing Boing]

FDA: Stop Using Zicam Nasal Gel, It's Associated With Loss Of Sense Of Smell...

FDA: Stop Using Zicam Nasal Gel, It's Associated With Loss Of Sense Of Smell [Recalls]

via Consumerist by Meg Marco on 6/16/09

The FDA has recommended that consumers stop using several different Zicam products because they have been associated with the loss of smell (anosmia). Anosmia may be long-lasting or permanent.

The FDA says it has received more than 130 reports of loss of sense of smell associated with the use of three Zicam products:

Zicam Cold Remedy Nasal Gel
Zicam Cold Remedy Nasal Swabs
Zicam Cold Remedy Swabs, Kids Size (a discontinued product)

The FDA says that some of the cases occurred after only one dose.

"Loss of sense of smell is a serious risk for people who use these products for relief from cold symptoms," said Janet Woodcock, M.D., director of the FDA's Center for Drug Evaluation and Research (CDER). "We are concerned that consumers may unknowingly use a product that could cause serious harm, and therefore we are advising them not to use these products for any reason."

FDA Advises Consumers Not To Use Certain Zicam Cold Remedies
Intranasal Zinc Product Linked to Loss of Sense of Smell [FDA]

Continental Offers Free Flights, Frequent-Flyer Status To Misrouted Child's ...

Continental Offers Free Flights, Frequent-Flyer Status To Misrouted Child's Family [Taking It Seriously]

via Consumerist by Laura Northrup on 6/16/09

Continental Airlines has made a much more generous offer to the family whose ten-year-old daughter was accidentally flown to Newark instead of Cleveland while flying as an unaccompanied minor. Paterfamilias and blogger Jonathan Kamens wrote that a Continental rep "assured [him] again that the airline takes what happened very seriously." The details of Continental's offer, inside.

[The rep] said that Continental is going to refund my daughter's entire fare and fly her back to Boston in first class for free. They are also going to refund the round-trip tickets that my in-laws bought to fly to Boston with Miriam and then back to Cleveland, and replace them with first-class tickets as well (note: they had already planned this trip before what happened on Sunday). Finally, they are giving my wife, my daughter and I "Silver Elite" status in their frequent-flyer program, OnePass, until the end of the current program year, which apparently is next February.

Is this enough? Will Continental, the regional carrier, and the airport investigate what happened and make sure it never happens again?

Offer from Continental [Something better to do]

PREVIOUSLY: Continental Puts 10-Year-Old Child On The Wrong Plane

(Photo: jenkardux)

These Light Blocking Curtains Are Surprisingly Easy To Locate In The Daytime...

These Light Blocking Curtains Are Surprisingly Easy To Locate In The Daytime [Product Claims]

via Consumerist by Chris Walters on 6/15/09

Dustin bought a set of Eclipse light blocking curtains at Kmart, but woke up the next day to a well-lit room and some gently glowing windows. The picture Dustin took of the curtains looks an awful lot like the "normal" ones in the official product shot.

I recently needed to buy some new curtains for my bedroom. My old "curtains" were some pieces of thick black cloth that I had sewn a pocket on one side to go on a curtain rod. They were great at blocking out the light during the day if I wanted to sleep, but the thing is that they were black, and I wanted something a little nicer looking.

I had seen these blackout curtains in Walmart and Kmart a few times, and decided to check them out. The Kmart in our area usually has some good sales, so I headed there to see what they had. I ended up buying some Eclipse "Kent" curtains there for I think $12 per panel.

These things claim to block out over 99% of light, and somehow reduce noise by up to 40%. They also have some other unrealistic claims about saving on energy and heating and such, but that wasn't really my concern. Now I knew that the 99% light blockage sounded a little optimistic, but I would have been satisfied if it would just cut out most of the light.

So I put them up that evening and went to bed thinking I would wake up to a nice dark room.

Didn't happen. The attached photo shows how much light these things really "block." Remember too, that photo is exposed for the window, so the room kinda goes dark, which makes it look a little bit darker than it actually is in the room.

The thing that really bugs me about this is the fact that they look like a decent product at first, have pretty big displays in the stores, and make some pretty bold claims that are complete B.S. Here's a link to their website so you can see what they claim.

What do you think? These things block out more like 2% of the light. Some of the curtains go for as much as $30+ per panel, so I thought I'd let others know that these things are a complete waste of money. I'm going back to my homemade crappy black curtains.

Continental Puts 10-Year-Old Child On The Wrong Plane [Continental Airlines]

Continental Puts 10-Year-Old Child On The Wrong Plane [Continental Airlines]

via Consumerist by Laura Northrup on 6/15/09

Sure, airlines misroute luggage all the time. But how about misrouting a ten-year-old girl to the wrong state?

Yesterday, Jonathan's ten-year-old daughter boarded a plane from Boston to Cleveland to visit her grandparents. She flew as an unaccompanied minor, meaning that her family paid an extra fee for airline staff to keep an eye on her and make sure she was taken care of and ended up where she needed to be. They didn't. She ended up on a plane bound for Newark, NJ.

The planes to Cleveland and Newark, both regional jets, used the same departure gate and were parked next to each other on the tarmac. Airline staff put the little girl on the wrong plane, and no one realized that anything was amiss until Jonathan's in-laws in Ohio received a phone call telling them that they could pick up their granddaughter. In New Jersey.

Jonathan wrote about the situation and the immediate aftermath on his blog:

When the flight arrived in Newark, no one there noticed that my daughter had been put on the wrong flight and flown the wrong city, again despite the fact that her paperwork clearly spelled out both the flight number and destination. The Continental people in Newark called my in-laws' phone number to tell them to come pick her up as if nothing was wrong, despite the fact that their address on the form was an Ohio address and their phone number had an Ohio area code. The people in Newark did not call my home or cell number to find out why no one was at the airport to pick up my daughter, despite the fact that they had both of those numbers on the same paperwork as my in-laws' number.

We didn't find out something was wrong until my father-in-law called me from the arrival gate in Cleveland to ask why my daughter wasn't on the plane.

It took forty-five minutes from that point until the Continental people in Cleveland finally confirmed that she was in Newark. The only reason they were able to figure it out at all is because I told them that there had been a flight to Newark boarding at the same gate and the best possible explanation for her whereabouts was that the gate agent put her on the wrong flight (the alternatives were much worse!). God only knows how long it would have taken them to figure out where she was if I hadn't noticed the Newark flight leaving from Boston and mentioned it to them.

The folks in Cleveland "graciously" offered to refund the unaccompanied minor fee. My father-in-law laughed when they made the offer, it was so outrageous. You can bet they'll be refunding a lot more than that fee by the time I'm done with them.

I can see all of the parents reading this post shuddering right now. Jonathan has contacted the airline as well as the FAA, and hopes to hear back from them very, very soon.

Another airline screwup you just will NOT believe: Continental puts my unaccompanied minor daughter on the wrong plane! [Something better to do]
Frequently Asked Questions about Children Traveling Alone [Continental Airlines]

(Photo: quinnanya)

Digital TV's history in America: the DTV transition nearly cost the USA its ...

Digital TV's history in America: the DTV transition nearly cost the USA its technological freedom

via Boing Boing by Cory Doctorow on 6/14/09

Seth Schoen from the Electronic Frontier Foundation reminds us that the US digital TV transition that just took place was, for several years, Hollywood's best bet for infecting every device in your home with Digital Rights Management technology, giving itself veto power over the design of everything from video cards to networking protocols. This was the "Broadcast Flag" proposal, and the big studios and broadcasters promised that they would sabotage the DTV transition if they didn't get their way. The FCC rolled over and gave it to them -- and then EFF, the American Library Association and Public Knowledge sued them, demonstrated that they didn't have the jurisdiction to regulate hard drives and cable-connectors, and the studios never made good on their threat.

MPAA's Fritz Attaway said that "high-value content will migrate away" from television if the broadcast flag wasn't imposed; he told Congress that fears of infringement without a broadcast flag mandate "will lead content creators to cease making their high-value programming available for distribution over digital broadcast television [and] the DTV transition would be seriously threatened". Most famously, Viacom said that

"[i]f a broadcast flag is not implemented and enforced by Summer 2003, Viacom's CBS Television Network will not provide any programming in high definition for the 2003-2004 television season. "

It's six years later and these threats have all fallen flat. This week, CBS will broadcast dozens of popular programs, like CSI, Without a Trace, Survivor, and The New Adventures of Old Christine, in high definition via over-the-air broadcast. So will all the other major networks. Digital TV also continues to feature popular movies with no DRM.

Into the DTV era, with no broadcast flag mandate

Slim Jim Factory Explodes, Kills Three, Requires HazMat Team [Spicy Meats]

Slim Jim Factory Explodes, Kills Three, Requires HazMat Team [Spicy Meats]

via Consumerist by Lucy Bayly on 6/11/09

A ConAgra plant near Raleigh, N.C., that makes and packages Slim Jim beef jerky was rocked by a huge explosion on Tuesday, killing three employees and sending dozens of workers and three firefighters to hospital with severe burns or "exposure to toxic fumes."

ConAgra spokespeople have been quick to offer funding for workers affected by the plant collapse, but not quite quick enough to explain why the heck they need 34,000 gallons of ammonia to make a spicy meat stick in the first place.

(Your Consumerist sausage experts can tell you that ammonia is used to refrigerate the meat before it's Jimmified.)

The factory, by the way, was located on Jones Sausage Road.

"Recovery over, investigation begins" [WRAL]
Photo: sonicribbon

Woman Hides Life Savings In Mattress, Mattress Taken To Dump By Helpful Daug...

Woman Hides Life Savings In Mattress, Mattress Taken To Dump By Helpful Daughter [Risky Deposits]

via Consumerist by Chris Walters on 6/11/09

A woman in Israel hid her life savings—she says nearly $1 million dollars—in her mattress. Her daughter bought her a new mattress as a surprise upgrade and threw it out. Dump employees are now searching on behalf of the family while security has been hired to keep out treasure hunters, but they don't know which of the two city dumps it was taken to. We imagine it's the one where the rats are all wearing tiny gold rings and toasting each other with little glasses of champagne.

The good thing about keeping your money in a bank is that it's insured. If you're not sure whether to trust the bank or credit union, look it up at Bankrate.com to see how it's rated.

"Tel Aviv search for mattress containing $1M life savings" [CNN]
(Photo: oddsock and i'm george)

Naked Juice Removes Supplements, Now Just Boring Juice [Grocery Shrink Ray]

Naked Juice Removes Supplements, Now Just Boring Juice [Grocery Shrink Ray]

via Consumerist by Chris Walters on 6/11/09

Bryan, a longtime Naked Juice customer, noticed that that Strawberry Kiwi Kick brand he always bought had a different colored cap. He writes, "Alas, the 'Kick' is no more. Gone are the supplements, including plain ol' Vitamin C. Strawberry Kiwi Kick is just fruit juice." When he contacted them to complain, they responded that their "devotees" preferred it that way, and they sent him a coupon and a temporary tattoo. Because if there's anything that says "we take your input seriously," it's a temporary tattoo. (Or maybe they're trying to tell him what they expect of real devotees.)

Bryan writes:

I was grocery shopping last weekend when I noticed that the bottle for Naked Juice's "Strawberry Kiwi Kick" had a different-colored cap. This is my favorite Naked Juice product, thanks to the added guarana, green tea and B vitamins, so I was paying enough attention to notice that something on the bottle had changed. Curious, I picked up a bottle to see if this meant a change to what was IN the bottle.

Alas, the "Kick" is no more. Gone are the supplements, including plain ol' Vitamin C. Strawberry Kiwi Kick is just fruit juice.

I contacted Naked Juice through their Web site to ask them what happened to the Kick part of the beverage. After all, the "Kick" branding seems to imply a boost from the supplements, just like the "Motion" in Orange Mango Motion or the "Rush" in Black & Blueberry Rush, etc, each of which also used to contain energetic supplements. I told them that if the supplements have been removed permanently, I'd be skipping their brand altogether and buying an organic energy drink and fresh fruit instead.

Naked responded with some rah-rah about how their "devotees" preferred a focus on the quality of the juices rather than on the boosts. A full copy of our correspondence is forwarded below. They also mailed me a coupon for a free 15.2 ounce bottle of the Naked Juice flavor of my choice (used on a classic-formula bottle of SKK, still available from a few local retailers who apparently don't turn their stock as often) and, for some reason, a temporary tattoo of the Naked Juice logo.

Here's part of the response Bryan received:

As you seem to have noticed, our Energy flavors are now a part of our Well Being family of juices. We changed the ingredients in our Energy flavors, including Strawberry Kiwi Kick, which makes them a better fit for the Well Being family. You can check out our changes to the former Energy drinks at the following web address (just click on "Our Juices"): [link to nakedjuice website]

We made the decision to change the formula based on feedback from our devotees who said we should focus more on the juices and less on the boosts. We'll share your comments with our marketing team and let them know that you'd like us to reintroduce the Energy formula.

Bryan points out that the prices for the drinks remain the same. "[There's] no discount in price to reflect the elimination of several ingredients. Of course, I'm sure they'd explain it by saying the remaining juice is of a higher quality than what they were using before."

Hmm, This Hand Sanitizer Is Full Of Bacteria [Opposite Day]

Hmm, This Hand Sanitizer Is Full Of Bacteria [Opposite Day]

via Consumerist by Chris Walters on 6/10/09

The FDA has issued a warning to avoid products made by Clarcon because they may be full of "disease-causing bacteria." Our Consumer Reports Health blog points out that, ironically, included in the list are a bunch of different hand and skin sanitizer products:

Clarcon manufactures skin protectants and sanitizers marketed under several different brand names, including CitruShield, Dermassentials, Magic Touch, and Pure Effect. ...One such product, Magic Touch, is marketed as a lotion, an antibacterial, an antibiotic, and a germicide that is "great to apply open wounds because it helps heal the skin without scars."

Magic Touch is also a dessert topping, but that doesn't change the potential bacteria count in it, so you should probably not apply it to open wounds.

Consumer Reports Health also mentions that good old soap and water works just fine for sanitizing, btw.

"Don't use Clarcon skin products, says FDA" [Consumer Reports Health]
(Photo: Incase Design)

WaMu Saddles Credit Card Theft Victim With Thousands In Fraudulent Charges [...

WaMu Saddles Credit Card Theft Victim With Thousands In Fraudulent Charges [Washington Mutual]

via Consumerist by Ben Popken on 6/10/09

Someone stole reader A's WaMu credit card number and racked up thousands in fraudulent charges, and now WaMu wants A to pay for it. The fraudsters also made a PIN request for a cash advance over the phone, and WaMu said that phonecall orginated from A's parents house. Because of this, which A says is impossible, WaMu demands A be responsible for the charges. He's written letters and called executive customer service and it's gotten him nowhere. His crappy story, inside...

I have a major problem going on with my WaMu credit card. I had thousands of dollars fraudulently charged in California and now they are saying I owe this money because the call came from the telephone number associated with my account. Do you have any advice? I just don't know where to start. Each time I try, I hit a dead end.
For instance, I've tried to get the telephone records to prove the call was not made from the phone number on the account because this is what WAMU requested from me before they will ever reinvestigate this case with there fraud department. The phone company will not release that information without a subpoena. I've gone to the police but they say there is nothing they can since the crime happened in California. Please help me if you think there's anything I can do im at my wits end.

This is a credit card but they did used a pin number to withdrawal cash from the card in addition to using the card for purchases at Target. The charges happened around November 22 and I reported them as fraud to WaMu in December when I saw them on my statement. It took about a month to process the fraud investigation and they took the charges off my account for January. This month I got a letter claiming I am responsible for these charges because, according to their records, the pin request to withdrawal cash was made from my parents number in Arvada, which is the number on the account. All these fraudulent charges were made in California. My guess is they had my information and made the call from a some type of web site that disguises the actual number they are calling from and makes it look like it's coming from another number (my parents' number in this case).

I called executive customer service and they would patch me over to Rosita saying she couldn't help me but I explained my case to them again, asking to l re look this over. They said they would call me back in two days and its been about two week with no call so I wrote this letter and send it with my last bill:

"With reference To card number ending in

This is to inform you that I have no intentions of paying any charges, interest or penalties incurred in California on my WaMu visa. All these charges occurred over a 2 day period. November 23-24, 2008. The card was and is in my possession. I live and work in Colorado including the dates in question. I have never requested nor used a PIN number. How could this have ever been verified by a phone call? I do not know anyone in the Los Angeles area.

Since August 2008 I have not used that card at all. This is to be reported as identity theft, already reported locally. You as a creditor are entitled by law to report to the collections agency of your choosing as identity theft.

Enclosed is payment in full for all charges for which I am responsible including current accrued interest, consider this my stimulus gift to your troubled institution.

Why did this occur the Monday after your November 21. 2008 layoff of 1600 employees? Certainly your new owners, Chase, and Obama USA, need to be apprised of your sloppy security measures as well."

I'm betting that the takeover has something to do with the WaMu's non-responsiveness. A should try kicking this up the CHASE corporate ladder. For privacy reasons, Chase, which owns WaMu, declined to comment on A's case, but said they would look into and have someone get in touch with A.

(Image: Elton Lin)

Dusty PS3 Inspector Threw Dirt On PS3 So He Wouldn't Have To Repair It [Insi...

Dusty PS3 Inspector Threw Dirt On PS3 So He Wouldn't Have To Repair It [Insiders]

via Consumerist by Ben Popken on 6/10/09

Well well well. New information from an inside source says that the tech threw dirt on the infamous "dusty PS3" to deny the warranty claim because he didn't feel like repairing it. Shocking! His confession, inside.

1. We received the console with a fair amount of dust on it, but certainly nothing in excess of what I would expect from a PS3. As has been documented, the PS3 is basically a dust magnet.

2. The technician who got it, for some reason or another, didn't want to repair the console and inhale some of the dust, so he decided to deny the repair as "neglect."

3. Since the technician knew he couldn't get the repair denied based on the condition the console was actually received in, he decided to throw a bit of dirt on the console. Getting the dirt into the repair center wasn't that hard since the original tech was a smoker himself. All he had to do was go outside on his break. We have Ziploc bags.

4. As part of the procedure for denying a claim, pictures were taken and attached to the case notes. These same pictures were taken after the dirt was thrown on it and posted on Consumerist.

5. The warranty contains no clause for the technician to deny the warranty based on the dust alone, as the owner knows. That's why the technician had to throw dirt on it and claim it was neglected.

6. Sony should repair or replace the console. Period.

I worked in the same facility. I'm pretty sure at least one supervisor knew about it. They just didn't want to publish anything because it was already a PR nightmare, and admitting they did that would just hurt them even more.

Last we checked, Reid had tried getting a refund through VISA but they ended up denying it. We asked him what he thought of this story and he said, "All of this seems possible to me and really just sad, I'd be really sad to hear that all this trouble was caused by one lazy tech."

Sony hasn't responded to our request for comment.

PREVIOUSLY:
Dust Voids PS3 Warranty
Is This Playstation 3 Too Dusty To Be Repaired Under Warranty?
Sony CSR: What? No! Dust Doesn't Void Your PS3 Warranty!
Dusty PS3: Carey Greenberg-Berger On Fox Business
Visa Extended Warranty Protection Replaces Infamous "Dusty Playstation"
VISA Won't Replace Dusty PS3 After All

Take Currency Symbols Off The Menu, Restaurant Patrons Spend More [Psychology]

Take Currency Symbols Off The Menu, Restaurant Patrons Spend More [Psychology]

via Consumerist by Laura Northrup on 6/10/09

Have you ever noticed that the menus in nice restaurants leave the currency signs off prices, or spell them out in words rather than Arabic numerals? The intended effect is pretty much what you would assume - to remove the association between prices on the menu and actual money. Now, there's actual academic research showing that half of this theory is true.

The study was conducted by Cornell University's Center for Hospitality Research at a restaurant of the Culinary Institute of America in Hyde Park, NY. Also known as "the significantly more delicious CIA." The study had an unexpected result, in that guests spent more when presented with a menu listing numeric prices with no currency sign ("20") than with the prices spelled out ("twenty dollars") This was the opposite of what psychological theory predicted.

"People who tend to be more price conscious, they'll start adding up what their part of the check is going to be," [study co-author Sybil Yang] said. "If you make that process a little more difficult for people by not presenting a number in Arabic numerals but rather as text, it becomes so much harder to add."

Instead, the authors figured the dollar sign and the word "dollar" reminded folks they were about to spend money. The number format with no dollar reference took away that emphasis.

Fascinating stuff if you're in the food service industry, or if you're interested in retail psychology. Though this phenomenon did not escape the notice of Stuff White People Like.

On menus, dollar signs matter [Myrtle Beach Sun] (via Steve)
$ or Dollars: Effects of Menu-price Formats on Restaurant Checks [Cornell University]

(Photo: johnjoh)