Current Events in May 2006

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    Good and Bad News about Prostate Cancer

    Removing the testes increases survival

    Treating advanced prostate cancer by removing a man's testes may be the only way to save his life, according to an article published in the New England Journal of Medicine.

    Doctors studied a group of men with advanced prostate cancer. Their chances of survival were pretty bad, because their cancer had spread outside the prostate through the lymph system to the rest of their body.

    Doctors found that removing the prostate gland and castrating the men surgically or through medication increased their chance of survival by 500 percent.

    Yes, it sounds gruesome but it did really work. Obviously, it's not a treatment to take lightly. Removing the testes can cause a rapid decrease in sex drive as well as hot flashes and muscle fatigue. Also, psychological problems and interpersonal stress can result.

    Still, faced with the disastrous prognosis, possibly death, of advanced prostate cancer, men should at least talk to their doctor about chemical or surgical castrations. It just may save your life.

    Good and Bad News about Prostate Cancer...

    Chemo Pump Aids in Fight Against Colon Cancer

    A new pump which delivers chemotherapy to the liver may save thousands of people


    A new pump which delivers chemotherapy to the liver may save thousands of people with advanced colon cancer.

    If you catch colon cancer early, when it hasn't spread, you can cut it out and usually cure it. But once it spreads through the lymph system to, say, your liver, your chances of surviving go down.

    To improve the odds, doctors studied a new pump which delivers chemotherapy right to where the tumor has spread.

    They cut the colon cancer out and placed the pump in the patient's belly to deliver medicine to the liver, along with regular chemotherapy.

    The new device helped: 85 percent of those who received chemotherapy in the liver, along with regular chemo, survived at least two years, 15 percent higher than those without the pump.

    Conclusions: Prevent colon cancer by eating a high-fiber diet rich in fruits and vegetables. Talk to your doctor about early detection. Finally, if your cancer spreads to the liver, ask about the pump. It could save your life.

    A new pump which delivers chemotherapy to the liver may save thousands of people with advanced colon cancer. The new pump delivers chemotherapy directly to...

    Pennsylvania Prosecutes Home Alarm Company

    Company will refund consumers, pay fines and change its sales campaigns

    Pennsylvania Attorney General Tom Corbett says a York County business will refund consumers, pay fines and change its sales campaigns and contracts following claims that it deceptively marketed and sold electronic in-home burglar, fire and medic alarm monitoring systems to the elderly and/or disabled.

    Corbett said the Bureau of Consumer Protection reached an "Assurance of Voluntary Compliance" agreement with Crime Intervention Alarm Co. The civil legal action resolves alleged violations of Pennsylvania's Consumer Protection Law, Telemarketer Registration Act and the Plain Language Consumer Contract Act.

    According to investigators, Crime Intervention Alarm Company entered into contracts with consumers for the sale and installation of electronic residential security monitoring equipment and services designed to alert authorities during a medical, fire or police emergency.

    Agents said the company uses the Yellow Pages, the Internet and telemarketing campaigns to advertise and promote its products and services to mostly older and/or disabled consumers who live independently. Some of the ads offer potential customers, "VETERAN AND SENIOR CITIZEN DISCOUNTS."

    According to the agreement, consumers interested in the alarm monitoring services were required to sign a five-year contract. Several buyers complained that certain terms were too small to read and that the contracts failed to clearly and conspicuously disclose that:
    • The service agreements had a built-in or automatic five year renewal clause.
    • The prices may increase as much as 10 percent per year for each year of the five year sign-up period.

    In addition, several consumers who were contacted at their homes to buy the products and services claimed that they failed to receive their three day right to cancel notification as required by state law.

    "Inadequately disclosed renewals, unfair price increase language and no notification of cancellation rights are not acceptable business practices," Corbett said. "Any attempt to bury or omit these types of terms and conditions is deceptive and illegal. Our agreement resolves these issues offering better protections to those who do business with the company in the future."

    Corbett said in addition, the company will allow consumers to void the contract due to death, relocation to an assisted living, hospital or nursing home facility, or if a live-in health care worker moves into the residence.

    The agreement also claims that more than a dozen consumers complained that they were illegally contacted by the company on their home phones even though they were officially enrolled on Pennsylvania's "Do Not Call" list.

    Additionally, Crime Intervention Alarm Company is accused of including the trademarked Better Business Bureau (BBB) torch logo on its website, implying that it is a member of the BBB, presumably in good standing. In reality, the company is not a member and has an unsatisfactory record with the organization.

    Under the terms of the agreement, the company admits no wrongdoing and is required to:
    • Pay restitution to eligible consumers who file a complaint with the Attorney General's Office before July 16, 2006.
    • Pay $13,000 in civil penalties and costs.
    • Change its contract language, format and business practices to be in compliance with Pennsylvania's Consumer Protection Law, Telemarketing Registration Act and Plain Language Consumer Contract Act.

    Pennsylvania Attorney General Tom Corbett says a York County business will refund consumers, pay fines and change its sales campaigns and contracts....

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      Alternative Fuel Sources Are No Secret

      Diesel, BioDiesel, E85, Hydrogen Top the List


      As the internal combustion engine sputters into the 21st century choked by the rising cost of gasoline, public attention is turning, however, fitfully, towards alternatives to the old-fashioned gasoline powered buggy.

      Automakers are looking to Washington for help in dealing with rising fuel costs but the alternatives to gasoline engines are pretty widely known and already in use in other parts of the world.

      Readily available alternatives to the gas-powered engine include diesel, biodiesel, E85 and even such exotic-sounding solutions as coal and oil shale. Hydrogen is drifting out there somewhere.

      Not Your Father's Diesel

      Because diesel engines can produce excellent fuel efficiency, diesel technology is at the top of the list for many companies and developers as they scramble to come up with technology that meets clean air standards while producing exceptional mileage.

      In Europe, diesel engines have long been highly rated and valued by automotive consumers but the technology gets low marks with the same type of consumers in the U.S.

      Once a stepchild in the automotive industry as well as with consumers, diesel technology is emerging from the dungeon but the industry still must transform diesel's image from that of a grimy, smelly mess if diesel is to become a serious contender for the future.

      Nevertheless, today's diesel engines provide as much as 40 percent better fuel economy and offer more torque at lower RPM when compared to their gasoline counterparts. The engines can be substantially less harmful to the environment if cleaner fuel and improved engine technologies are used.

      At least one group of diesel engine and truck manufacturers say they are ready to meet new, cleaner emissions standards starting in January.

      In a recent gathering hosted by the Diesel Technology Council, the manufacturers displayed their next generation of cleaner-burning trucks. They used white handkerchiefs to demonstrate that the exhaust from diesel trucks contains no smoke or visible soot.

      Combined with existing hybrid technology, clean-burning diesel power could help in the effort to slow global warming as well as carry lots of folks to the grocery store and beyond.

      While some automakers don't have plans to offer diesels in light-duty passenger vehicles just yet, all of the major manufacturers are taking a long and hard look at diesel technology.

      Diesel power would reduce U.S. dependence on foreign oil and of all the types of internal-combustion engines, diesels remain the most powerful and efficient.

      One gallon of diesel fuel can make more power than the same amount of gasoline. As a demonstration of the power and performance of a diesel engine, a diesel-powered Audi sports car won the 24-hour endurance race this year at Daytona International Speedway.

      But much like hybrids, diesels require automakers to develop and implement more sophisticated technology to achieve a price that consumers are willing to pay.

      Biodiesel and E85

      Biodiesel is an alternative fuel for the diesel engine and is high on the list of choices by environmentalists. It's more environmentally friendly than conventional diesel fuel and helps reduce pollutants and engine wear, according to proponents.

      Biodiesel fuel is a "drop-in replacement," meaning any diesel engine can use it without modification.

      In California, Pacific Biofuel is delivering biodiesel to the greater central coast as it offers a high-quality, clean fuel made from vegetable crops grown on U.S. farms.

      The biodiesel can be used as a pure 100% fuel or mixed in any ratio with petroleum diesel.

      Pacific Biofuel claims greater engine longevity and improved performance with the use of its biodiesel fuel. The company says that everything in its biofuel comes from "Mother Earth." (Of course, petroleum does too but let's not quibble).

      E85 is an alternative to gasoline and is comprised of 85 percent ethanol and 15 percent gasoline. There are some vehicles on the market now or already manufactured that are capable of burning E85.

      They are called flexfuel vehicles and were manufactured in part to help automakers comply with U.S. fuel mileage standards. The 2003 Ford Explorer is an example of a flexfuel vehicle.

      The trouble is, E85 is hard to find.

      The government provides tax breaks to filling stations willing to offer E85 in the form of federal income tax credit for the installation of E85 fueling systems. So far, not a lot of stations are signing up for E85. The tax credit was part of the 2005 Energy Policy Act and provides a 30% federal income tax credit, up to $30,000 per property, to install alternative fuel dispensing systems.

      Besides being hard to find, E85 is less powerful per gallon than gasoline. More E85 will be required to cover the same distance traveled with a tank full of gasoline and you will have to fill up more often.

      Hydrogen

      Many automotive dreamers are looking at hydrogen technology as the yellow brick road into the 21st century for the automotive industry.

      They see a global hydrogen economy as a new structure in which hydrogen is a realistic alternative to the world's present wide-scale use of hydrocarbon fuels.

      A green hydrogen car might achieve 99 miles per gallon emission-free. Imagine that. Sound too good to be true? Unfortunately, it is, at least right now.

      A handful of automakers are designing hydrogen-powered cars. The trouble is, they have not made much headway over the last five years.

      In this summer of our internal combustion discontent, for only a moment let's follow the dreamers' path and imagine cars that run on hydrogen, the most abundant element in our universe.

      Hydrogen burns twice as efficiently in a fuel cell as gasoline does in an engine, and produces a single waste product, water.

      Hydrogen cars would make the country less dependent on fossil fuels coming from the Middle East and reduce atmospheric carbon dioxide and global warming and other environmental problems.

      This is pleasant indeed to contemplate, but hydrogen technology costs a lot of money. Gasoline-powered motors are still easier on the wallet than hydrogen fuel cells and right now, according to the U.S. Department of Energy, the cost of hydrogen fuel is 100 times too high for hydrogen cars to have any impact in the market place.

      So the dream may be just that for now. While you pour another few bucks into the ExxonMobil or BP Amoco pot of profits, just remember that a trip in a hydrogen car is probably not too far away -- maybe 10 years or so up the yellow brick path.

      Readily available alternatives to the gas-powered engine include diesel, biodiesel, E85 and even such exotic-sounding solutions as coal and oil shale....

      Texas Court Invalidates KB Home's Forced Arbitration

      Texas Homeowners Can Now Sue KB Home for Construction Defects

      A Texas judge has ordered KB Homes (an Authorized Partner) to stop forcing homeowners to accept mandatory binding arbitration. It's thought to be the first such ruling against a homebuilder in the country.

      The settlement means that all binding arbitration clauses in KB Home (an Authorized Partner) agreements are invalid and homeowners can now sue KB Home (an Authorized Partner) in a court of law rather than being forced into binding arbitration over construction defects.

      Laredo District Court Judge Solomon Casseb approved the class action settlement that prohibits KB Home (an Authorized Partner) from requiring any past, present or future customers to consent to mandatory binding arbitration in the settle of warranty claims.

      Additionally, in August of last year the Federal Trade Commission (FTC) announced that KB Home (an Authorized Partner) would pay a $2 million civil penalty to settle charges that it violated the terms of a 1979 consent order for inserting mandatory binding arbitration clauses in its contracts and warranties.

      Despite these agreements and fines, HomeOwners for Better Building (HOBB), a non-profit group, says it has obtained information that confirms KB Home (an Authorized Partner) has once again disregarded the FTC consent order and the terms of the new class action settlement even before the ink was dry.

      Documents show that at the same time KB Home (an Authorized Partner) negotiated the settlement and was under the provisional certification of the class action, the company referred at least one homeowner with major foundation problems to its third party warranty provider Home of Texas, who denied the claim and notified the homeowner to submit to Binding Arbitration conducted by Construction Arbitration Services (CAS).

      It's not the first time KB Home (an Authorized Partner) has disregarded court orders.

      In 1999, the FTC warned KB Home (an Authorized Partner) to cease inserting binding arbitrations in their contracts and warranties and warned that it violated a 1979 FTC consent order. The FTC made repeated attempts to get KB Home (an Authorized Partner) to stop but the nation's fifth largest builder continued to ignore the FTC until February 2001 when it gave assurances that it would stop.

      Houston attorney Alice Oliver-Parrott brought the lawsuit that ultimately led to the settlement agreement with KB Home (an Authorized Partner) that mandates court notification of the settlement that applies to all homes that were built after January 1, 1996.

      Texas Court Invalidates KB Home's Forced Arbitration...

      Congress Considers "Right to Repair" Bill

      Legislation pending in Congress would require automakers to provide more information to independent car-repair shops

      Legislation pending in Congress would require automakers to provide more information to independent car-repair shops who are increasingly hard-pressed to diagnose and repair problems because of proprietary systems installed by manufacturers.

      Rep. Joe Barton (R-Texas) said his "Right to Repair" bill is a reaction to complaints that auto dealers have a monopoly when it comes to making some repairs, particularly those involving computerized diagnostic tests. The bill is scheduled for a committee vote later this month.

      "Small businesses, companies and individuals comprising the automotive aftermarket are keenly aware that if the bill doesn't pass, not only will (independent repair shops) lose business, but consumers will be big losers as well," said David Parde, president of the Coalition for Auto Repair Equality (CARE), a trade group organized to support Barton's bill.

      "Consumers will lose money, they will lose convenience, they will lose their freedom of choice in where to take their cars for repair; and they will lose the most important thing, which is the feeling of ownership," Parde said.

      Opponents say the legislation would create needless bureaucracy and that it's a way for large repair companies to move toward making their own parts.

      Federal Trade Commission Chairman Deborah Platt Majoras said an industry-driven approach is the best solution.

      "Auto manufacturers have adopted sophisticated technology to enhance the performance, comfort, safety and security of their products," she said. "The technology requires access to expensive computerized tools and knowledge of software access or computer codes to diagnose and repair problems."

      Majoras said that representatives of the manufacturers and the independent auto repair operators held discussions facilitated by the Council of Better Business Bureaus for more than 60 hours. However, she said that the talks did not end with a mutually agreeable solution.

      "To date, a comprehensive, voluntary solution to the issue of information provision has proven elusive," she said. "The Commission is disappointed that, despite efforts to bring those on each side of the issue together to reach a mutually agreeable solution, the parties have thus far been unwilling to make the compromises necessary to resolve the matter."

      The Right to Repair bill was introduced in 2001 and has never made it to a vote. With more than 100 Congressmen signing on as co-sponsors, the measure appears to have more momentum this year.

      Under the legislation, automakers would have to provide to independent operators the same service and training information and diagnostic tools that are available to dealerships.

      Congress Considers 'Right to Repair' Bill...

      Long Island Property Tax Consultant to Make Refunds

      East Hills company alleged to have overcharged Long Island residents

      New York Attorney General Eliot Spitzer has reached a settlement with an East Hills company alleged to have overcharged Long Island residents who relied on the firm for advice in challenging their property tax assessments.

      Under the settlement, Property Tax Reduction Consultants, Inc. (PTRC), will provide $400,000 in refunds to thousands of homeowners.

      "Homeowners seeking relief from unduly high tax assessments are entitled to accurate information and billings from those who claim to be acting in their best interests," Attorney General Spitzer said.

      PTRC is one of many companies on Long Island that specialize in the business of protesting residential property assessments. PTRC assists homeowners with the paperwork associated with protesting an assessment and charges a fee of 50 percent of the property owner's tax savings on successful protests.

      In a complaint filed with the settlement agreement, PRTC is alleged to have used incorrect estimates of the tax savings of assessment reductions, overstating the actual savings to homeowners and inflating its fee.

      For example, one homeowner was notified by PTRC that he would receive a tax reduction of $1,783. PTRC billed the homeowner 50 percent of the tax reduction or $891. However, because the homeowner was entitled to a low-income senior citizen exemption from paying taxes on approximately 40 percent of his property's assessed value, his actual tax savings were only $1,198. PTRC should have only billed for 50 percent of that amount or $599, an overbilling of $292.

      Under the settlement, PTRC will make restitution of approximately $400,000 to homeowners and will pay $250,000 in penalties and $2,000 in costs. The company has also agreed to reform its billing practices. It will also retain relevant records for inspection by the Attorney General's Office.

      "If it was not for the review of my office and the actions of Attorney General Spitzer, thousands of homeowners would have been overbilled by hundreds of thousands of dollars. This settlement should send a clear message to all businesses engaged in property assessment protests that their actions are being closely scrutinized and that they need to become more familiar with the property tax structure as it exists in Nassau County," said Harvey Levinson, Chairman of the Nassau County Board of Assessors.

      Long Island Property Tax Consultant to Make Refunds...

      Florida Opens "Cramming" Probe

      Charges From Axcess Internet Solutions Placed through ILD Teleservices

      Florida Attorney General Charlie Crist has launched an investigation into five telephone companies for placing unauthorized charges on consumers' bills. The investigation may also expand to cover the activities of ILD Teleservices and Axcess Internet Solutions.

      Crist says charges for an internet shopping service have appeared on phone bills sent to BellSouth, Sprint, Verizon, AT&T and SBC Communications customers, triggering the investigation into what might be a case of "cramming." Cramming is a practice that bills for extra services without the customer's knowledge.

      The practice of tricking consumers into paying for phony or useless services has escalated since passage of the Telecommunications Act of 1996, which allows third party companies to place bills for unrelated communications services on customer's telephone bills.

      Crist's Economic Crimes Division began an investigation last week after the Tallahassee Democrat detailed the charges that several Sprint customers found on their bills. The $12.95 charges are for a service called Email Discount Network, which supposedly offers members a discount for internet shopping done through the company's website.

      Further investigation revealed that BellSouth, AT&T, SBC Communications and Verizon customers also found the unauthorized charges on their bills.

      At about the same time ConsumerAffairs.com received a complaint from Gary Hertz, a professional office manager in Doral, Florida about more than $35 in charges that mysteriously appeared on his company's phone bill.

      "I noted charges totaling $35.31 on my current BellSouth bill, billed by ILD Teleservices on behalf of Axcess Internet Solutions, Inc.," Hertz told ConsumerAffairs.com in a follow-up interview.

      "The charges were described as Web hosting monthly service fee. Our business is referred to us by psychiatrists, and we have no need for a website. Through BellSouth's assistance, we were able to navigate phone calls to finally get to Axcess via ILD. We cancelled the service."

      But Hertz's office had to pay the charges, even though Hertz is sure no one ordered the service. When he asked the Axcess customer service rep to play back the recording of the authorization, he listened in amazement as he heard his boss answer affirmatively, authorizing the service. Hertz told his boss, who had no idea what he was talking about, until he put two and two together.

      "A couple of months ago a guy came to our office, saying he was our new Bell South rep, and that as part of a promotion, we qualified for one additional phone line for free. Then, on a Friday after hours a guy called our office and was automatically transferred to my boss," Hertz said.

      "He said he was with the phone company, and was ready to install the free line. My boss said he'd have to do it when the office was open, so the caller transferred him to the scheduling department."

      Hertz says his boss was asked a number of questions that required him to say "yes" a lot. He said the questions were about the installation and not about any services. Yet when Hertz listened to the authorization recording, all the questions were about the service and none concerned any phone line installation.

      "And we never did get a free phone line, either," Hertz said.

      Axcess Internet Solutions is the object of as number of similar complaints, and has drawn the irate attention of a company with a similar name. Axcess Internet said it has been flooded with angry complaints from consumers who have mistaken it for the Florida-based company, and has even posted the following statement on its Web site:

      "Axcess Internet would like to take this opportunity to let our customers know that neither Axcess Internet Services, Inc. nor, Axcess Internet (a Washington State registered trade name) is responsible for this action. Any charges attributed to Axcess Internet or its subsidiaries, found on your phone bill, were not made by Axcess Internet Services, Inc.

      "Axcess Internet has been researching this issue and has learned that the company responsible for these charges may be Axcess Internet Solutions, Inc.. Axcess Internet Solutions, Inc. is headquartered in Delray Beach, Florida and is a subsidiary of Phinder Technologies, Inc. of Canada."

      John Scherer, a spokesman for Crist, says Hertz's complaint has been turned over to the Economic Crimes division that's conducting the current investigation. Crist, meanwhile, says the practice known as "cramming" is getting more and more scrutiny.

      "These secret charges were placed on bills in hopes that no one would notice," said Crist. "In this case, someone did notice and we will investigate fully to make sure Florida customers are not forced to pay for services they did not order and do not want."

      Florida Opens 'Cramming' Probe...

      ChoicePoint-FBI Deal Raises New Privacy Questions

      Last month, the FBI awarded a five-year, $12 million contract for ChoicePoint to improve the agency's software systems for investigation and analysis.


      While the NSA's practice of collecting billions of telephone records drew outrage in many quarters, another potential threat to individual privacy flew smoothly under the public radar -- the lucrative extension of a contract between the Federal Bureau of Investigation and notorious data broker ChoicePoint.

      Last month, the FBI awarded a five-year, $12 million contract for ChoicePoint to improve the agency's software systems for investigation and analysis.

      The deal was sharply criticized by Sen. Patrick Leahy (D-Vt.), who called the Alpharetta, GA-based information seller "the poster child for lax security."

      Leahy was referring to the infamous data breach of ChoicePoint's records by a ring of Nigerian identity thieves, leading to the theft of information on nearly 150,000 people.

      The theft sparked public awareness of the relationship between data brokers and identity theft, and led to several convictions and a $15 million fine for ChoicePoint by the Federal Trade Commission (FTC).

      Attorney General Alberto Gonzales defended the FBI-ChoicePoint deal, saying that the contract was for technology and hardware, not data services.

      "Obviously, there were mistakes made by ChoicePoint, and they suffered the consequences for that," he said.

      FBI Director Robert Mueller said the deal was absolutely necessary in order to upgrade the FBI's outdated information technology infrastructure and systems.

      FBI Lags in Data Prowess

      The FBI has become something of a laughing stock in tech circles because ot its flawed technology spending and inability to provide even the most basic services to its agents, including not being able to equip 8,000 of its 30,000 agents with working e-mail addresses.

      The FBI also came under fire for scuttling a $170 million attempt to upgrade its case management system with no real results.

      A skeptical Leahy pressed Gonzales and Mueller during hearings for the 2007 Justice Department budget. In a statement released prior to the hearings, Leahy criticized the spending of $30 million on private data brokers by the Justice Department and the Department of Homeland Security.

      "The FBI and the Justice Department offer only a blind eye, a deaf ear and stunning misjudgment with decisions like this that show such blatant disregard for the privacy and security of the most sensitive personal and financial information of the American people," Leahy said.

      "The American people deserve to know why the FBI, with its own recent history of poor judgment in wasting hundreds of millions of taxpayers' dollars on computer contracts, entered into this contract."

      Leahy himself was the victim of a data theft when Bank of America misplaced data tapes on 1.2 million of its government customers.

      Leahy has pushed for stronger federal protections for victims of identity theft, and greater penalties for companies that are lax in protecting customer data, through his "Personal Data Privacy and Security Act," introduced to Congress last year.

      For its part, ChoicePoint reiterated that the contract was not designed to provide data services to the public press.

      Carol DiBattiste, ChoicePoint's privacy officer, told ConsumerAffairs.com that "data sales to all government customers, for all purposes, is only five percent of our total annual revenue."

      "Generally, our data sales support the day-to-day investigation of crimes by providing public records data or publicly available data on people, property or businesses who are in some way related to an open, ongoing inquiry," DiBattiste said.

      Gone Fishin'

      ChoicePoint's Matt Furman insisted that the company does not provide data for "wholesale" use to any government agency. "We also do not sell or license to the government any technology platforms that can be used to mine or 'fish'in a large database of consumer information," he said.

      However, ChoicePoint has partnered with the FBI and top government contractor SAIC to do exactly that, or very close to it, on several occasions.

      In 2005, the government-focused news service GovExec published information claiming that ChoicePoint had built customized software and services designed to target specific subjects continuously, parsing new information on the subject from his or her movements as they get it.

      Although both Furman and the FBI insisted that ChoicePoint doesn't engage in "fishing" expeditions looking for people, Furman admitted that the data broker "connects a previously known, identified 'needle-in-the-proverbial haystack' with other, related needles."

      In Furman's estimation, ChoicePoint does enable government agencies to connect the dots on targets they are searching for, and what constitutes a target was based on the requesting agency's "plausible, potential risk or threat determination."

      SAIC developed an "information services suite" called ADAM, specifically designed and marketed to parse ChoicePoint's massive databases for, in its words, "the ability to obtain and analyze enormous amounts of data to create explicit profiles of target groups and collect critical data on each of the individual members of that group."

      ADAM offers customizable reports tailored to include everything from Social Security Number verification to bankruptcy and credit histories, according to the needs of the client, and all from ChoicePoint's data troves. ADAM clients have included government agencies such as the Immigration and Naturalization Service (INS, now known as Immigration and Customs Enforcement, or ICE), and the Internal Revenue Service.

      Back Scratch Fever

      Although ChoicePoint has gone out of its way to repair its tarnished image in the public eye, from paying its fine to hiring former Transportation Security Administration administrator DiBattiste to handle its compliance and privacy issues, the company is still nearly synonymous with "identity theft" and "data breach."

      So why would the nation's number-one criminal investigation agency trust ChoicePoint to handle its already troubled technology upgrades?

      For one thing, the FBI already enjoys a cozy relationship with ChoicePoint, as its massive data mining of credit reports, insurance records, and personal information is a treasure trove for government agencies looking to create comprehensive profiles of terrorists, organized crime leaders -- and others.

      Because of the Privacy Act's injunction against government agencies creating databases of individual Americans' records, the FBI and its sister bureaus have increasingly turned to private data brokers like ChoicePoint to provide them with information.

      ()

      The PATRIOT Act greatly strengthened the ability of the Justice Department to demand identity verification and investigation in virtually all business transactions, and ChoicePoint led the charge in providing "automated ID verification solutions" for banks and other institutions to track a person's money trail with the click of a mouse button.

      Another reason may be the simplest of all -- money. ChoicePoint's management and corporate board reads like a "Who's Who" of players in the telecommunications, energy, and banking industries, with former and current members of AT&T/SBC, Bank of America, and Home Depot co-founder Kenneth Langone among them.

      Langone, a renowned philanthropist and charitable donor, is also well-known for his political generosity.

      The Center for Responsive Politics tallied almost $80,000 in contributions to candidates in the 2002 and 2004 elections from Langone, most of them Republicans. Senate Judiciary Committee chair Arlen Specter (R-PA), for instance, received $4,000 in contributions from Langone through his investment firm, Inverned Associates LLC.

      Specter is the co-author of Sen. Leahy's legislation designed to provide greater oversight of data brokers.

      That kind of favor-trading in an election year can easily lead to plum contracts being handed out for friendly companies, or what investigative journalist Greg Palast called "the lucrative business of fear."

      In discussing the FBI-ChoicePoint deal, Palast said it was "a strange, lucrative link-up between the Administration's Homeland Security spy network and private companies operating beyond the reach of the laws meant to protect us from our government."

      DiBattiste blasted Palast's comments as "tabloid journalism," saying that there was no definitive connection between the FBI contract and the current controversy over the NSA spy program.

      "These articles and comments are false and misleading," she said. "They are not based on facts and mischaracterize what we do."

      FBI Deal Raises New Queestions about ChoicePoint...

      Women Driving Home Improvement Purchases

      Women are buying more tools and supplies

      Men have traditionally been the driving force behind home improvement projects. While women may have been involved in the decision-making process, in most cases they would send men out to make the actual purchase.

      But according to leading consumer and retail information provider, The NPD Group, women are not only playing a larger role in the decision-making process around home improvement, they are actually making purchases more often.

      While men still dominate purchasing of tools and power equipment, women account for more than half of the sales of storage/organization products and almost half of the sales of lighting, paint, kitchen/bath, lawn/garden, flooring, and safety.

      In fact, women represent 44 percent of "do-it-yourselfers" and 51 percent of people that usually hire professionals for home improvement projects.

      Additionally, the increase of female consumers in the home improvement industry is most significant in the East South Central region of the United States, where Hurricane Katrina caused so much damage last year.

      While men and women both represent a similar percentage of sales in all other regions of the country, women in the East South Central region are accounting for three times as many home improvement sales as men.

      Lowes was the number one retailer of choice for women shopping for home improvement products, with Home Depot a close second. Stores like Home Depot, Ace Hardware and lumber/building supply retailers attract more male consumers.

      "It's important to acknowledge the impact women continue to make in the home improvement industry," says Mark Delaney, director of The NPD Group. He adds, "Now that a growing number of manufacturers and retailers have focused more marketing efforts on women, they are capitalizing on this growing trend."

      Women are not only playing a larger role in the decision-making process around home improvement, they are actually making purchases more often....

      Florida Sues Pandhandle Gas Stations

      Stations Allegedly Conspired to Raise Prices

      The state of Florida is suing two Panhandle companies and three individuals for conspiring to fix gasoline prices over the past several years, resulting in inflated gasoline prices. The complaint cites actions that are "immoral, unethical and unscrupulous."

      Fill-Ups Food Stores, Inc., Ryan E. Phillips of Niceville, and John W. Osburn of Navarre are among those named as defendants in the case. Other defendants include Tate Enterprises, Inc. and Robert E. Tate of Crestview.

      An investigation into Panhandle gas prices began after Attorney General Charlie Crist's price-gouging hotline received a consumer complaint in the aftermath of Hurricane Dennis, which struck the state last July. Crist's office began an antitrust investigation when evidence of price fixing was uncovered.

      The investigation also revealed that Phillips allegedly used threats and intimidation against his employees and competitors to obtain their cooperation and secure their silence.

      "Our economy is based on free market competition," said Crist "These people conspired to fix gasoline prices and pick the pockets of Florida drivers."

      The civil action alleges a price-fixing conspiracy that began as early as March 2003, when Shri Goyam, Inc. -- through one of its principals -- Prashant Shah, acquired a Crestview retail gasoline outlet from Tate Enterprises. As a condition of the sale, Robert Tate required that the new owners match the prices of gasoline at the other Crestview outlets still owned by Tate Enterprises.

      When Shah lowered the prices at Shri Goyam's station, Tate called Shah to remind him of their agreement and insisted that he raise Shri Goyam's prices. Shah agreed and prices were raised.

      In 2004, Ryan Phillips incorporated Phillips Oil, now known as Fill-Ups Food Stores. Shortly after, Phillips contacted Shah to obtain an agreement to raise gasoline prices at Shri Goyam's station to the same levels as those at the Fill-Ups Food Stores stations. Shah raised the prices by 15 cents per gallon to comply with Phillips' demand.

      Osburn, an employee of Fill-Ups Food Stores, also controlled retail gasoline pricing at a competing gasoline station, the I-10 Mobil in Crestview. In 2005, Phillips directed Osburn to raise prices at Osburn's station to match those at Fill-Ups Food Stores and Osburn complied.

      Phillips also contacted other gasoline retailers on more than one occasion in an unsuccessful effort to expand his price-fixing scheme in addition to threats and intimidation against his employees.

      Prashant Shah and Shri Goyam have already settled for $75,000 in civil penalties and $10,000 in partial reimbursement for investigative fees and costs. Shah has also agreed to provide cooperation.

      The complaint alleges that these price-fixing conspiracies violate Florida's antitrust laws and the Florida Deceptive and Unfair Trade Practices Act. The Antitrust Act provides for civil penalties of up to $1 million for corporations and $100,000 for individuals per violation.

      Violations of the Deceptive and Unfair Trade Practices Act carry penalties of up to $10,000 per violation or $15,000 if the victim is a person with a disability or a senior citizen.

      The state of Florida is suing two Panhandle companies and three individuals for conspiring to fix gasoline prices over the past several years, resulting in...

      Homeowners Insurance Rates Unfair, Massachusetts Charges


      With a more active Atlantic hurricane season expected by forecasters this year, consumers in some areas may notice a rise in insurance premiums. In Massachusetts, state Attorney General Tom Reilly charges those rates may not be justified.

      Reilly argues that the insurance industry is using an unexplained model for determining future hurricanes, overcharging for expenses, and inflating its numbers to justify a proposed 12.9 percent statewide rate hike, including a 25 percent increase in the cost of homeowner insurance on Cape Cod.

      Reilly filed his final brief with the Division of Insurance, as part of the rate setting case for the FAIR Plan, operated by the Massachusetts Property Insurance Underwriting Association (MPIUA).

      In September, the MPIUA filed its request for a 12.9 percent increase for homeowners statewide, a 25 percent increase for Cape Cod, and a 20 percent increase for most of the cities and towns in Plymouth and Bristol counties.

      Reilly is recommending no overall rate increase statewide in 2006 - including rate decreases for homeowners in many communities - and a slight increase, 1.2 percent, for Cape Cod homeowners.

      "The numbers don't support this request for a rate increase," Reilly said. "The evidence that we've uncovered points to a significantly lower rate than the insurers want. We must do everything we can to keep costs down for homeowners."

      The FAIR Plan provides insurance for individuals who cannot obtain property insurance in the voluntary market. Many of the FAIR Plan's customers are middle and low income urban and coastal residents, who cannot find voluntary insurers willing to sell them insurance coverage.

      More than 125,000 families in Massachusetts have FAIR Plan insurance.

      Reilly argues that insurers are inflating their request by: charging $13 million in backup insurance for the industry; relying on an unexplained hurricane model to hike up coastal rates; ignoring rate caps the Legislature put in place to protect consumers in particularly vulnerable areas like Cape Cod and the Islands; asking for additional funds in case a "demand surge" increases the need for certain supplies after a disaster; and inflating expenses such as debris removal.

      Reilly is proposing a 1.2 percent increase for Cape Cod homeowners and a significant decrease in many urban communities, including a 14.2 percent cut for Fall River homeowners. This is the highest among the rate reductions Reilly is recommending for 2006. He is requesting a 7.7 percent decrease for Boston's South End, a 7.3 percent decrease for Charlestown, East Boston, and portions of South Boston, Roxbury and Dorchester, and a 2.1 percent decrease for parts of Roxbury and Dorchester.

      Rate reductions for other parts of the state include: a 12 percent decrease for most communities in Bristol County; 10.8 percent decrease for Cambridge and Somerville; 9.8 percent decrease for Quincy homeowners; 9.3 percent decrease for Worcester homeowners; 6.8 percent decrease for homeowners in Chicopee and Holyoke and several towns in Middlesex County, including ; 4.9 percent decrease for Lawrence homeowners; and 4.1 percent decrease for Lynn homeowners.

      Homeowners Insurance Rates Unfair, Massachusetts Charges...

      Ohio University: Data Breach Central?


      The news that hackers gained access to the medical data of thousands of Ohio University students, due to a security breach at the university's Hudson Health Center, was only the latest in a series of attacks that have plagued the college since late April.

      The Hudson Health Center data contained identifying information on 60,000 students, including Social Security and personal identifier numbers, addresses, and data on medical treatments.

      The Health Center breach followed an attack on a network server containing data on 300,000 Ohio University alumni and donors, including 137,000 Social Security numbers.

      And on April 21st, the university's Innovation Center was hacked, leading to the exposure of intellectual property files, e-mails, and Social Security numbers, according to the university's press statement.

      Bill Sams, chief information officer for Ohio University, told the Columbus Dispatch that the information was coded in such a way that medical records and personal identifiers could not be immediately matched, reducing the risk to affected individuals.

      Sams claimed that the university "had a 20-person team, working seven days a week" to perform a security audit on the Ohio University network and servers.

      No information was available indicating that the breaches were the work of the same group of hackers.

      The Department of Health and Human Services stated it would investigate to verify if federal privacy laws governing the collection of personal data and medical records were violated.

      The university had announced in late 2005 that it would stop using Social Security Numbers (SSNs) for personal identification, and was updating its systems to use unique ID numbers instead.

      The Ohio University breaches were the latest in a trend of identity thefts and data losses targeting universities in recent months. In March, a hacker ring broke into servers hosted by Georgetown University, and stole data on 40,000 residents provided by the city's Office on Aging.

      And in one of the many instances of laptop thefts leading to security breaches, a Vermont State College employee's laptop was stolen from his car during a Montreal vacation. The laptop contained data on 20,000 students, faculty, and retired members of the Vermont State College system.

      Both houses of Congress are currently considering legislation that would restrict the usage and storage of SSNs in order to stem the tide of potential fraud and identity theft that can result from their misuse.

      Rep. Ed Markey (D-MA) has introduced two pieces of legislation designed to place data brokers such as ChoicePoint under the jurisdiction of the Federal Trade Commission (FTC), and to limit the sale and purchase of SSNs, except in specific circumstances.

      Under Markey's "Social Security Number Protection Act," only law enforcement and public health agencies would be able to collect and store SSNs. The sale or purchase of SSNs would otherwise be criminalized.

      The news that hackers gained access to the medical data of thousands of Ohio University students was only the latest in a series of attacks that have plagu...

      Indiana Fines Mortgage "Rescue" Firm

      Indiana is the latest state to clamp down on so-called mortgage rescue firms.

      Indiana is the latest state to clamp down on so-called mortgage rescue firms. At the request of the Indiana Attorney General's Office, a judge has ordered an Indianapolis company to make refunds to three consumers.

      Karen Reinisch and her business "My House Saver, LLC" entered into contracts with consumers to assist them in securing deferred debt payments but failed to comply with various laws governing such practices, according to Attorney General Stave Carter.

      "There are certain requirements that must be met for companies to act as a credit service organization or foreclosure consultant," Carter said.

      "Since Indiana ranks among the highest in the country with respect to home foreclosures, it's important that we don't allow fly by night companies to take advantage of people who are facing the possibility of losing their home."

      Reinisch and My House Saver acted as a Credit Service Organization but failed to meet the legal requirements of such a company.

      Reinisch contracted with consumers who were in danger of mortgage foreclosure by telling them she would negotiate with the mortgage company to implement a plan that would prevent foreclosure.

      Reinisch claimed she would establish "work out" plans with the mortgage companies which would defer or lower mortgage payments for the consumer.

      Reinisch told consumers she would try to obtain financing through other lenders if a "work out" plan could not be established. Reinisch also promised consumers if she was unable to obtain other forms of financing, she would buy the house and re-sell it to the consumer on an installment contract basis.

      All three consumers who filed complaints with the attorney general's office never received a "work out" plan or new financing and all eventually lost their homes to foreclosure.

      Carter says Reinisch and My House Saver violated Indiana's Credit Service Organization Act and Indiana's Deceptive Consumer Sales Act by:

      • Failing to obtain a surety bond in the amount of $10,000 prior to doing business as a Credit Service Organization;
      • Failing to complete performance of services before receiving payments from consumers;
      • Failing to provide consumers with a written contract detailing provisions of services and notice of cancellation;
      • Representing she could perform services of a loan broker without obtaining the proper licensing;
      • Intentionally and knowingly committing deceptive acts.

      The court ordered Reinisch and My House Saver to make consumer restitution of nearly $3,000 for the fees consumers paid as well as pay more than $82,000 in costs and penalties.

      Indiana Fines Mortgage ...

      Parks Cut Corners to Cope with Budget Cuts

      Many of the nation's 390 parks, monuments, and recreation areas are charging visitors more while providing fewer services

      America's national parks are pinching pennies.

      Unable to keep pace with payroll increases, fuel hikes, and utility costs, many of the nation's 390 parks, monuments, and recreation areas are charging visitors more while providing fewer services.

      In fact, entry fees have doubled in Death Valley, from $10 last year to $20 this year, and four parks have peaked at a record high of $25: Glacier National Park, Grand Teton National Park, Yellowstone, and the Grand Canyon. The annual park pass fee at Glen Canyon National Recreation Area has hit $30 for the first time.

      "These are challenging times," said Elaine Sevy of the National Park Service, which monitors a network of lands that cover 83 million acres.

      She's not kidding:
      • Yosemite National Park, which had 45 seasonal rangers five years ago, now has eight;
      • Glacier National Park no longer provides drinkable water at three campgrounds;
      • Rocky Mountain National Park has closed one of its six visitor centers;
      • Maine's Acadia National Park has failed to fill 14 open jobs, including educational guides and law enforcement officers, and cut 20 ranger-led interpretive programs;
      • Gettysburg National Military Park has cut staffers charged with maintaining more than 100 historic structures, including Civil War cannons.

      The National Park Service has a $2.2 billion annual budget but that covers construction projects as well as operational costs. Congressional finding for park operations was $1.03 billion in fiscal 2005, an actual decline from fiscal year 2001 when inflation is factored into the equation.

      The Bush Administration has proposed a $23 million increase for park operations, while Congress has earmarked $18 million, though neither proposal has passed. Even if the Bush proposal survives, it would boost park funding only 19 per cent over the last five years.

      To help cope with the problem, the National Park Service has launched a system-wide review of core operations. The study, designed to focus on ways parks request and spend money, will not be completed until 2011.

      In the meantime, the number of national park visitors - 273 million people last year - continues to rise. Their needs are not being met, according to an April survey of a dozen parks by the Government Accountability Office (GAO). It found all 12 parks were reducing visitor center hours, educational programs, and even law enforcement.

      Smokey the Bear will not be pleased.



      Parks Cut Corners to Cope with Budget Cuts...

      7UP Not "All Natural," Consumers Group Charges

      Sunny new television ads for 7UP show cans of the drink being picked from fruit trees

      The company that makes the "uncola" is accused of telling an untruth in a new marketing campaign that touts 7UP as "100% natural." The nonprofit Center for Science in the Public Interest (CSPI) will sue 7UP's manufacturer, Cadbury Schweppes, unless the company drops the claim.

      Although the company removed several artificial ingredients from the drink, at least one remains: high fructose corn syrup.

      Sunny new television ads for 7UP show cans of the drink being picked from fruit trees, or harvested from the ground, yet there is no fruit juice in 7UP. The narrator says it "tastes better than ever because we stripped out all the artificial stuff leaving just five all natural ingredients."

      Besides carbonated water and high fructose corn syrup, the other three are citric acid, unspecified "natural flavors," and potassium citrate. Though not any better or worse nutritionally than plain table sugar, high fructose corn syrup is spawned from a complex, multistep industrial process by which starch is extracted from corn and converted with acids or enzymes into glucose and fructose.

      "Pretending that soda made with high fructose corn syrup is 'all natural,' is just plain old deception," said CSPI executive director Michael F. Jacobson. "High fructose corn syrup isn't something you could cook up from a bushel of corn in your kitchen, unless you happen to be equipped with centrifuges, hydroclones, ion-exchange columns, and buckets of enzymes."

      In a legal notice to Cadbury Schweppes executives, CSPI litigation director Steve Gardner wrote that the primary purpose of the suit would be to prohibit the company from describing any product with high fructose corn syrup as "natural," and that CSPI would also seek restitution, corrective advertising, and attorneys' fees.

      CSPI's announcement comes a week after Cadbury, Coca-Cola, and PepsiCo agreed not to sell sugary soda in schools, thus avoiding a separate lawsuit CSPI and other parties intended to file.

      The Food and Drug Administration does not have an official definition for "natural" foods. Nor does it take action to prevent food companies from calling the most obviously artificial ingredients "natural."

      For example, CSPI once complained about Ben & Jerry's "All Natural" ice creams, which variously included such obviously non-natural ingredients as hydrogenated oil, corn syrup, alkalized cocoa powder, and even "artificial flavors." But FDA took no action other than sending CSPI a letter indicating that "natural" was "not among our current enforcement priorities."

      In March the Sugar Association, which represents cane and beet sugar producers, petitioned the FDA to define "natural." While FDA has no definition, the U.S. Department of Agriculture allows only those meat and poultry products that have been minimally processed can be labeled as natural.

      CSPI wrote to the FDA in support of the Sugar Association's petition and urged the agency to adopt a definition identical to USDA's. That would mean that high fructose corn syrup, partially hydrogenated oils, and other ingredients that are more than minimally processed couldn't be called natural.

      "If the FDA were doing its job, perhaps a lawsuit wouldn't be necessary," said Gardner, who will work with Massachusetts attorney Ken Quat on a Cadbury Schweppes suit. "While this particular mislabeling doesn't present much of a health threat, consumers and honest companies shouldn't have to put up with dishonest claims in the marketplace. Happily, though, several states have excellent consumer protection laws that can be used to stop deceptive advertising."

      CSPI said it will consider other legal action against companies that use high fructose corn syrup in their ostensibly "all natural" products.



      7UP Not All Natural, Consumers Group Charges...

      Low-Cut Vs. High-Top Sneakers


      The debate rages on: Should you wear high-top or low-cut sneakers?

      Now, we're not talking about the old-fashioned floppy canvas high-tops. We're talking about today's high-tops.

      Firm yet flexible, their high-tech padding supports your ankles without limiting your range of motion or performance. Shaquille O'Neal and Koby Bryant wear them, so why not you?

      A recent study of 2,500 college intramural basketball players concluded that high tops really work.

      Athletes who wore low-cut sneakers sprained their ankles more often than those who wore high-tops. Athletes with a history of recurrent sprains were less likely to sprain their ankles again in high-tops.

      Conclusions: You may not like how high-top sneakers look, especially walking around town, but they do work. Wearing high-tops and taping your ankles properly can help basketball stars, soccer players, tennis buffs and even you do better.

      Firm yet flexible, their high-tech padding supports your ankles without limiting your range of motion or performance. Shaquille O'Neal and Koby Bryant wear...

      Volvo XC90 Recall

      the outer tie rod ball join can "deform at high loads"

      May 11, 2006
      The National Highway Traffic Safety Administration is recalling 108,766 Volvo XC90 vehicles from the 2003 to 2006 model years because a ball joint may fail, which could lead to a crash.

      NHTSA reports that the outer tie rod ball join can "deform at high loads" which may "eventually lead to a fatigue fracture for the outer tie rod ball joint."

      As a result, NHTSA warns that the vehicle will be difficult to drive or maneuver and that will increase the risk of a crash.

      Volvo dealers will replace the ball joint tie rods free of charge when the recall gets under way this month.

      Volvo owners may contact the NHTSA vehicle safety hotline at 1-888-327-4236 or call Volvo at 1-800-458-4236.

      The recall is being conducted in cooperation with the U.S. Consumer Product Safety Commission (CPSC).

      The NHTSA is recalling 108,766 Volvo XC90 vehicles from the 2003 to 2006 model years because a ball joint may fail, which could lead to a crash. ...