Current Events in April 2010

California Attorney General Edmund G. Brown Jr. today announced a multi-state agreement with Valero Oil to stop young people from purchasing tobacco products at its convenience stores.

"For years gas station convenience stores have served as an illegal provider for underage smokers. Today, Valero has finally joined the growing list of companies that have made a commitment to prevent illegal access to tobacco," Attorney General Brown said. "Smoking remains a serious public-health problem in our country, and we need to do everything possible to keep young people from picking up the habit."

Every day, some 2,000 children begin smoking in this country. One-third of them will die of tobacco-related diseases. Nearly half of underage smokers said they bought their cigarettes at gas station convenience stores.

Attorneys General throughout the country reached this agreement after a nationwide investigation, led by Brown's office, of tobacco selling practices at convenience stores owned by or affiliated with Valero.

The agreement includes the following provisions:

• Valero retail personnel will receive training about the health risks associated with childhood tobacco use.

• Valero will administer independent compliance checks to monitor sales practices at company-owned convenience stores, to ensure they are not selling tobacco to minors.

• Vending machines, free samples, and self-service displays of tobacco products will be prohibited at company-owned stores.

• In-store tobacco advertisements will be limited to reduce youth demand for tobacco products.

• Valero will require all of its convenience store operators to notify the company if tobacco products are sold to minors in violation of state law.

• The states will continue to impose sanctions against stores that sell tobacco to minors.

There are over 900 Valero stations in California. Although Valero does not directly own or operate the convenience stores at many of those stations, it has agreed to adopt procedures designed to reduce tobacco sales to minors at all of its outlets.

Nationwide, 47% of underage youths who reported buying cigarettes said they got them at gas station convenience stores. Studies have linked retail tobacco marketing with underage smoking. In addition, many convenience stores are located near schools and playgrounds. Studies show that most adult smokers began smoking before the age of 18.

Recently, other multi-state agreements have been inked to curb the sale of tobacco to minors at gas station convenience stores, including Conoco, Phillips 66, 76, Exxon, Mobil, BP, ARCO, Chevron, and Shell, as well as retail and pharmacy outlets operated by Kroger, 7-Eleven, Walgreens, Rite Aid, CVS, and Wal-Mart. Participating grocery stores include Ralphs, Safeway, and Vons.

A low price doesn't always mean a good deal, especially if the product doesn't perform well.

The experts at Consumer Reports have tested thousands of household items over the past year -- from detergents to toilets -- and have put together a list of some of the best and worst home products, based on products that are Best Buys or Recommended.

The list, featured in the May issue of Consumer Reports , is part of a comprehensive package that also includes the best and worst yard products including lawn mowers, tractors, and string trimmers.

"Faced with all the options on store shelves these days, even choosing something as simple as toilet paper can be a nuisance," said Celia Kuperszmid Lehrman, deputy home editor for CR. "We are sharing the best and worst picks from our rigorous tests to help consumers save time and money when shopping."

Consumer Reports sifted through its lists of tested products to find some of the best choices for consumers. Staffers looked for products that tested at or near the top of their product category. All picks are recommended, which means they combine performance with value. The magazine's testers also highlighted some of duds they've discovered.

Detergents

In addition to naming the best and worst in laundry and dishwasher detergents, The May issue of CR spotlights recommended washers, dryers and dishwashers.

Laundry Detergent:

• Best: Tide 2X Ultra with Color Clean Bleach Alternative, which costs around 32 cents per average load, was the top-scorer for washing away tough stains in the tests.

• Worst: Xtra 2X Concentrated Lasting ScentSations Spring Sun Shine, which costs around six cents per average load, may have an attractive price but landed at the bottom of the ratings.

Liquid Dishwasher Detergent:

• Best: Cascade Complete with Bleach Hydroclean Action Powder at 12 cents per load, excelled at cleaning dishes, thanks in part to phosphates which can harm the environment.

• Worst: Wave 2X Ultra High Performance costs 33 cents a load and left dishes pretty dirty.

Carpet cleaning

None of the carpet stain removers Consumer Reports tested were great, but there a few that were able to lift certain stains. The report also features recommended full-sized and small vacuums.

Carpet Stain Removers:

• Best: Bissell's Oxypro Carpet Spot and Stain Remover, $4.85, was best overall and one of the best at lifting French dressing and spaghetti sauce.

• Worst: Dyson's Dyzolv Spot Cleaner, $13, left most of the French dressing and spaghetti sauce behind and was even worse on coffee and red wine.

Carpet-Cleaning Machines:

• Best: The Hoover Dual V Steam Vac All Terrain with Spin Scrub F7452-900, $270, cleaned almost as well as a professional service CR hired. The Hoover left very little solution behind, so the carpet dried faster.

• Worst: The Bissell QuickSteamer 1770, $80, left most of the dirt in the carpet.

In the kitchen

From paper towels to toasters, Consumer Reports has tested many kitchen essentials. There's also a list of recommended ranges, wall ovens, microwaves and freezers.

Paper Towels:

• Best: Walgreens Ultra Quilted, $2.50 per 100 square feet, was one of the top-rated brands of paper towels. It was absorbent and held up well in scrub tests.

• Worst: Earth Friendly Products tore easily when scrubbing, held little water, and cost almost twice as much as the Walgreen's brand.

Toasters:

• Best: Cusiniart CPT-170, $180, consistently produced batch after batch of evenly toasted bread, and a digital display counts the seconds until the toast is ready.

• Worst: The Toastess Digital TT321, $60, was only fair at toasting and results were inconsistent from batch to batch in the magazine's tests.

Toaster Ovens:

• Best: The Cuisinart TOB-195, $80, was very good at baking and broiling, toasts bread evenly, and is spacious enough for a four-pound chicken.

• Worst: The Emerson TOR35, $70, was only fair at baking and took longer to bake and broil than other models.

Cookware:

• Best: Earth Pan with Sand Flow (10 pieces), $190, delivered high performance at half the price of some of the other cookware sets that were tested.

• Worst: The Mercorla Healthy Chef cookware set, $300, landed at the bottom of CR's ratings because of burned food, handles that broke during testing, and stuck-on food.

Stand Mixers:

• Best: KitchenAid Classic K45SS[WH], $200, has topped the magazine's ratings for years because it can whip up fluffy meringues and handle double batches of bread dough with ease.

• Worst: Sunbeam Mixmaster 2594, $90, was a lightweight in performance and pounds.

In the bathroom

Consumer Reportsnames the best toilet, toilet paper and showerheads.

Toilet Paper:

• Best: Quilted Northern Ultra Plush, which costs 29 cents per 100 sheets, is top-rated and disintegrated easily when flushed, making it easier on plumbing and septic systems.

• Worst: Scott 1000, which costs six cents per 100 sheets, was the thinnest toilet paper CR tested and was only mediocre in strength and softness.

Toilets:

• Best: The American Standard Champion 4 2002.014, $425, provided power, quietness, and thorough bowl cleansing in one flush.

• Worst: The Kohler Persuade K-3654, $325, has separate modes for liquid and solid waste.

Showerheads:

• Best: Moen's top-rated Inspire 21777, $50, offered a strong flow of water at a consistent temperature and seven settings.

• Worst: The Price Pfister Bell 15-070, $40, had a big drop in water temperature between the showerhead and one's body and had so-so force.

For more information on the best and worst home products, visit the CR web site or pick up a copy of Consumer Reports May issue, now available wherever magazine are sold.

The settlement concerns a lawsuit, filed last May, contending that advertisements for over 20 lawnmower brands exaggerated the machines' horsepower. The complaint, filed in federal court in Wisconsin, claimed the defendant companies "defrauded the public" by "significantly overstating" the horsepower of the subject lawnmowers, and by "failing to disclose...[their] true, significantly lower horsepower."

Specifically, the complaint stated that the defendants sold "identical, but differently and misleadingly labeled, engines at different prices -- with higher prices for engines labeled with purported higher horsepower." In other words, the companies took two identical engines, slapped different labels on them, and sold them at significantly different prices.

The suit also claimed that several of the companies created a so-called "Power Labeling Task Force," a group that they used to plan and organize their conspiracy. The group held meetings "at various locations," and even kept minutes that were distributed once the task force had adjourned.

By discovering the task force, the plaintiffs were able to include a count for violation of the Racketeer Influenced and Corrupt Organizations Act (RICO). According to the complaint, the defendants' "repeated acts of mail and wire fraud" -- namely, mailing false and misleading advertisements -- rose "above mere fraud."

The suit concerns lawnmowers with the brand names Yard-Man, Cub Cadet, Honda, Bolens, Exmark, Deere, Sabre, Scotts, Toro, Yard Machines, Craftsman, Troy Bilt, Husqvarna, Poulan, Poulan PRO, Lawn-Boy, Weed Eater, White Outdoor, Snapper, Simplicity, Brute, and Murray. The suit also covers "numerous other brands" with engines manufactured by Briggs & Stratton, Tecumseh, Kawasaki, Honda or Kohler.

Under the settlement, class members who submit timely claim forms can receive $35 for every eligible walk-behind lawnmower they own, and $75 for every eligible ride-on mower. Consumers who own a Briggs & Stratton, Toro, Tecumseh, TecumsehPower, Kawasaki, or Kohler mower, which was under a manufacturer's warranty when purchased, can receive a one-year warranty extension.

Additionally, MTD, Kawasaki, Kohler, Sears, Deere, Tecumseh, Briggs & Stratton, Toro, Electrolux, and Husqvarna have agreed to begin using a "new uniform standard" to measure horsepower.

A final approval hearing is scheduled for June 22. Class members who wish to object or opt out of the class must do so by June 4. Claim forms for the above-detailed cash benefits are due by August 31. Consumers have one year following final approval to submit claim forms for a warranty extension. Additional information is available at the official settlement website.

In addition to the RICO claim, the complaint alleged unjust enrichment, antitrust violations, conspiracy, and violations of state consumer protection laws.

It appears to be the latest in a trend of airlines making extra revenue on baggage. It began five years ago when airlines started charging passengers who checked more than one bag. Next came a fee for even the first bag. Now Spirit says it will charge as much as $45 for carry-on baggage.

So far, none of the other airlines have indicated an intention to follow Spirit's lead.

The airlines began to charge baggage fees about the time that rising fuel prices began to cut into operating margins. While the fees are usually between $25 and $50 per bag, they add up to significant revenue. According to the U.S. Department of Transportation, airlines collected nearly $2 billion in baggage fees in the first three quarters of 2009.

Airlines have benefited in other ways as well. The extra fees have forced passengers to travel lighter, checking fewer bags. That means less weight in the cargo hold, making each flight consume slightly less fuel. Airlines also save by having to load and unload fewer bags.

While most airlines now impose a baggage fee, not all do. In fact, Southwest Airlines has made the fact that it doesn't charge for bags a major part of its advertising, with a series of TV commercials built around the theme "bags fly free."

Spirit explains its carry-on bag fee by pointing to its low fares, saying passengers only have to pay for the services they use.

"Spirit Airlines' approach liberates customers from being forced into paying for services they do not desire or use," the airline said on its Website. "When customers are seeking the best value in travel they can choose a low fare at spiritair.com and select the services and options appropriate for their travel needs."

Bring less

"In addition to lowering fares even further, this will reduce the number of carry-on bags, which will improve in-flight safety and efficiency by speeding up the boarding and deplaning process, all of which ultimately improve the overall customer experience," said Spirit's Chief Operating Officer Ken McKenzie. "Bring less, pay less. It's simple."

Spirit also introduced new fares that it says reduced its checked bag and carry-on fees for its $9 Fare Club members. The new carry-on bag fee is effective for reservations purchased after April 5, 2010, for travel August 1, 2010 and beyond, and will be available for purchase on or before July 1, 2010.

The Food and Drug Administration has approved a new formulation of the controlled-release drug OxyContin that has been designed to help discourage misuse and abuse of the medication.

OxyContin is made to release slowly the potent opioid oxycodone to treat patients who require a continuous, around-the-clock opioid analgesic for management of their moderate to severe pain for an extended period of time.

Because of its controlled-release properties, each OxyContin tablet contains a large quantity of oxycodone, which allows patients to take their drug less often. However, people intent on abusing the previous formulation have been able to release high levels of oxycodone all at once, which can result in a fatal overdose and contributes to high rates of OxyContin abuse. Officials say OxyContin is one of the most abused prescription drugs in the U.S.

The reformulated OxyContin is intended to prevent the opioid medication from being cut, broken, chewed, crushed or dissolved to release more medication. The new formulation may be an improvement that may result in less risk of overdose due to tampering, and will likely result in less abuse by snorting or injection; but it still can be abused or misused by simply ingesting larger doses than are recommended, the FDA said.

Incremental advantage

"Although this new formulation of OxyContin may provide only an incremental advantage over the current version of the drug, it is still a step in the right direction," said Bob Rappaport, M.D., director of the Division of Anesthesia and Analgesia Products in the FDA's Center for Drug Evaluation and Research. "As with all opioids, safety is an important consideration."

Even with the new formulation, the FDA says prescribers and patients need to know that its tamper-resistant properties are limited and need to carefully weigh the benefits and risks of using this medication to treat pain.

According to the U.S. Substance Abuse and Mental Health Services Administration's National Survey on Drug Use and Health, approximately half a million people used OxyContin non-medically for the first time in 2008.

The manufacturer of OxyContin, Purdue Pharma L.P., will be required to conduct a postmarket study to collect data on the extent to which the new formulation reduces abuse and misuse of this opioid. The FDA is also requiring a REMS (Risk Evaluation and Mitigation Strategy) that will include the issuance of a Medication Guide to patients and a requirement for prescriber education regarding the appropriate use of opioid analgesics in the treatment of pain.

The unanimous finding overturned the FCC's cease and desist order against Comcast, which had imposed measures to slow traffic to what it considered heavy users. The Court said the FCC, in issuing the order, failed to cite any specific law passed by Congress. In effect, the judges found that the federal agency could not impose restraints on Internet providers without the backing of Congress.

The decision, at first glance, would appear to be a severe setback to FCC Chairman Julius Genachowski's goal of enacting a sweeping Net neutrality policy covering the entire Internet. However, if Congress passes legislation upholding the Net neutrality principle, presumably the policy would pass legal muster.

Net neutrality refers to the principle that Internet content providers should have equal access to the Internet should suffer no restrictions on content, sites or platforms that may be attached. Network operators, such as AT&T, have objected to that principle, saying they have borne the cost of building and maintaining the network and should be allowed to control the amount of traffic traveling through it.

Outlook uncertain

The outlook for Congressional action is somewhat uncertain. In 2006 Congress rejected a number of bills that would have granted the FCC more power to enforce Net neutrality policies. But at the time, Republicans controlled Congress.

Will it be any different now that the Democrats are in charge? Democrats have been in control for three years and so far, Net neutrality legislation remains stalled.

President Obama has consistently supported Net neutrality and his choice of Genachowski to head the FCC was seen as an additional statement of support, since Genachowski was known to be a strong proponent of the concept.

Before becoming Chairman of the FCC, Genachowski was a co-founder of LaunchBox Digital and Rock Creek Ventures. He worked as an executive at IAC/InterActiveCorp, with owns several major Web sites.

Usually that "prompt action" is supplying your date of birth, social security number, and all manner of personal information that could be used to steal your identity. When we see these emails, most of us simply ignore or delete them.

So scammers appear to have reverted to an old fashioned way to phish for information. They pick up the phone and call victims. In Pennsylvania, Attorney General Tom Corbett is warning his state's residents to be on the look out for these kinds of phishing calls.

"These bogus 'security alerts' typically warn that credit card or bank accounts may have been compromised and ask consumers to respond by 'confirming' or 'verifying' their account numbers," Corbett said. "The sole purpose of these calls is to convince unwary victims to reveal their account numbers and passwords so that thieves can steal money from their bank accounts or make large purchases with their credit cards."

Corbett said identity thieves are always looking for ways to disguise their schemes and reach out to new potential victims. In the latest scam, they use live operators and automated calls disguised as communication from banks, credit card companies or other legitimate businesses.

'Account security'

Corbett noted that the Attorney General's Bureau of Consumer Protection has been receiving an increasing number of complaints about unwanted "account security" calls and messages all across the state.

He pointed out that legitimate businesses will not call or message consumers asking them to provide their entire account number, password or PIN number -- so any request for that level of detailed personal information should be a clear warning sign of a scam.

"While some businesses may contact consumers to alert them about potential problems with their accounts, they will not ask individuals to divulge all of their account information by phone or email," Corbett said. "If you do receive a message asking for detailed account information, contact your bank or credit card directly -- using the customer service hotline printed on your card or monthly statement -- to report the scam attempt and also to verify that your account is secure."

Corbett said that any consumer who suspects they have accidentally divulged personal information in response to a scam should immediately contact their bank or credit card company to stop any unauthorized withdrawals or charges to their accounts.

April 5, 2010
The La Quinta hotel chain has formally agreed to nationally cease "call-arounds" -- a potentially anticompetitive practice in which competing hotels exchange current room rate and occupancy information that can be used to fix prices.

The hotel chain operates hundreds of establishments across the country under the "La Quinta Inn" and "La Quinta Inn & Suites" names.

An antitrust investigation into the hotel industry by Connecticut Attorney General Richard Blumenthal found the call-around practice is prevalent in the hospitality industry. It raises what Blumenthal's office calls "serious antitrust concerns" when competitors share current pricing and occupancy information because the information can be manipulated to raise or stabilize rates charged for hotel rooms.

A "Call-around" occurs when one hotel employee contacts competing hotels and exchanges with them information concerning their respective current room rates and occupancy rates. Such call-arounds or information exchanges generally happen multiple times daily by phone or Internet.

Sights set on entire industry

The investigation, which is continuing, has revealed that certain competitors of La Quinta have used call-around information to raise their prices on a regular basis.

"This agreement must be a wake-up call to the entire hotel industry -- signaling that call-arounds to set room prices are illegal and must be stopped," Blumenthal said. "I commend La Quinta for leading the hospitality industry and voluntarily stopping this potentially problematic practice."

Blumenthal says his office is investigating several national hotel chains that engaged in call-arounds, which he contends "interfere with the competitive market -- potentially fixing prices and increasing costs for consumers." He says he expects additional hotel companies will follow La Quinta's lead and cease anticompetitive call-arounds.

The agreement with LQ Management, LLC and La Quinta Franchising, LLC prohibits the hotel chain from engaging in call-arounds throughout the United States. Blumenthal says the La Quinta companies will cooperate with his antitrust investigation.

How it works

The call-around practice is typically conducted as follows:

• Hotels have a "call-around list" of hotels within a close proximity geographically that directly compete for hotel guests;

• The competing hotels engage in regular communications, typically by telephone with the hotels on their lists, two or three times daily to exchange each hotel's non-public current occupancy rate, and the standard rate currently being charged for rooms to be occupied that same day; and

• The hotels contemporaneously record the information provided by other hotels.

La Quinta's agreement to end call-arounds covers all of the company's hotels nationally. The prohibition does not prevent hotels from reviewing commercially available reports and information, communicating with any other hotel or motel on behalf of a specific guest seeking to relocate, or communicating with any other hotel/motel to accommodate guests in the event of a state of emergency, disaster or similar situation.

From now on, print and Internet ads for FreeCreditReport.com will have a new look. Under a settlement with the Federal Trade Commission, advertisers of commercial credit reporting services must point out to consumers they aren't the free service required by law.

Broadcast ads must carry the disclaimer later this year.

Federal law allows consumers to obtain free copies of their credit report from all three credit reporting agencies once a year. That free access is available at AnnualCreditReport.com, or by calling 877-322-8228.

Not necessarily free

But consumers are easily confused when they see commercials for FreeCreditReport.com and other services that sound like they're a free service.

While you can get a free copy of your Experian credit report from FreeCreditReport.com, for example, the company makes its money by enrolling you in a credit monitoring service that carries a monthly fee. Some consumers misunderstand that. Even those that don't, and try to cancel the service within the "trial" period, often have a hard time.

"I signed up for a free credit report June 8, 2009," Art, of Spring Hill, Fla., told ConsumerAffairs.com. "If you cancelled the service within seven days, there would be no charge. I cancelled the service after receiving my free reports on June 10. On June 11, my credit card was charged $14.95."

Clarity in ads

Under the Federal Trade Commission's amended Free Credit Reports Rule, which went into effect April 2, ads for these "free" offers must have clear disclosures. For example, Web sites offering free credit reports must have a disclosure, across the top of each page that mentions free credit reports, with links to AnnualCreditReport.com and FTC.gov.

The amended Rule also requires nationwide consumer reporting agencies -- Equifax, Experian, and TransUnion -- to delay advertising for products or services on AnnualCreditReport.com until after consumers get their free credit reports.

Broadcast disclaimer delayed until Sept. 1

The amended Rule is effective for Internet ads, with the wording of disclosures for television and radio ads taking effect on September 1, 2010.

After September 1, TV ads for credit report services must include the following disclosure in close proximity to the first mention of a free credit report: "This is not the free credit report provided for by Federal law."

The disclosure must appear at the same time in the audio and visual part of the advertisement and the visual disclosure must be at least four percent of the vertical picture height and appear for a minimum of four seconds.

Advertisements broadcast on radio must include the disclosure ''This is not the free credit report provided for by Federal law.' in close proximity to the first mention of a free credit report.

"Information in credit reports may affect whether consumers can get a loan or a job, so it is important for consumers to check their reports and correct any inaccurate information," the FTC said in a statement.

Each of the nationwide credit reporting companies is required to provide consumers with a free copy of their credit reports once every 12 months upon request.

Federal authorities have seized scores of misbranded creams, capsules, and shampoos from a Wisconsin company that allegedly made false medical claims about the products.

The Food and Drug Administration (FDA) requested that U.S. Marshals seize the products from Beehive Botanicals, Inc. of Haywood, Wisconsin, alleging the items were misbranded and unapproved new drugs in violation of the Federal Food, Drug, and Cosmetic Act (the Act).

The FDA said the company claimed on links on its Web site, and in labeling and promotional materials that some of the products seized could diagnose, treat, cure, and prevent such illnesses as cancer, liver or kidney disease, bone fractures, and asthma,

The company also claimed that several of its bee-derived products -- including royal jelly, bee pollen, and honey -- were proven to have antibiotic, antiviral and antifungal properties, and could be used to prevent and ameliorate a wide variety of medical conditions, the FDA said.

Those claims made the products new drugs and subject to FDA regulation, the agency said. The FDA, however, said it has not approved the products as safe and effective in treating any of the diseases or conditions the company claimed.

Despite previous requests and warnings from the FDA, Beehive Botanicals has continued to market products with unfounded medical claims, the FDA said in a statement released today.

Michael Chappell, FDAs acting associate commissioner for regulatory affairs, added: This seizure shows that the FDA will seek enforcement action against companies that promote therapeutic benefits of products not yet evaluated by the agency for safety and effectiveness.

In March 2007, the FDA issued a warning letter to Beehive Botanicals requesting it remove drug claims about the products from its Web site and product labeling, the agency said. The company later submitted proposed new labeling, but the FDA said it was acceptable under the Act.

During an inspection between September and October 2009, the FDA discovered the company was still making drug claims for the products through related Web sites and advised Beehive Botanicals that was not acceptable.

ConsumerAffairs.com contacted Beehive Botanicals today about the FDAs action. A woman who answered the phone said the company had no comment about the seizure. She did, however, tell us the company is considered a contract manufacturer that has handled and made bee products since 1972.

The FDA said it has not received any reports of illnesses linked to the companys products.

By James Limbach
ConsumerAffairs.com

April 5, 2010
We've all heard and seen the warnings about the possibility of being scammed by purported census takers who are out to steal our identities. But what about those who cheat people looking for honest work taking the government headcount?

With the U.S. Census Bureau filling thousands of temporary, part-time jobs as 2010 Census takers, job seekers should steer clear of anyone who tells them they need to pay in order to get information on how to apply for work on the Census, or any federal job. No one can "guarantee" a federal job in exchange for a fee.

In a new consumer publication, 2010 Census Job Scams , the Federal Trade Commission (FTC) provides detailed information about applying to become a U.S. Census taker, and it tells consumers how to access all federal job announcements.

2010 census job scams

Some fraud artists are making false statements to job seekers about the availability of census taker positions and other federal job opportunities, and improperly charging fees to assist job seekers in finding jobs. These scammers advertise online and in the classified sections of newspapers, offering -- for a fee -- to help job hunters find and apply for federal jobs. Some fraudulent companies even try to confuse consumers by using names that sound official -- like the "U.S. Agency for Career Advancement."

All federal positions are announced to the public through the U.S. Office of Personnel Management's USAJOBS .

The FTC says you never have to pay for information about job vacancies or employment opportunities with the U.S. government. Moreover, federal agencies never charge application fees or guarantee that an applicant will be hired. If positions require a competitive examination, hiring agencies typically offer free sample questions to applicants who sign up for the exam.

Applying for a position

If you're interested in becoming a U.S. Census taker, here's how to apply:

• call the toll-free jobs hotline at 1-866-861-2010 (TTY: 1-800-877-8339);

• use the interactive map at 2010.census.gov to find the local phone number of the census office nearest you; or

• visit the Census job site for the latest open positions in your area (2010.census.gov/2010censusjobs).

You may qualify to be a census taker if you:

• are fluent in English. Bilingual speakers also are encouraged to apply.

• are a U.S. citizen

• are a legal permanent resident, or non-citizen with an appropriate work visa, and you have a bilingual skill for which no qualified U.S. citizens are available

• are at least 18 years old

• have a valid Social Security number

• take a written test of basic skills -- 28 multiple-choice questions designed to measure the basic skills and abilities required to perform a variety of census jobs

• have a valid drivers license

• pass a background check

• commit to four days of training. You will be paid for training days. Training can be held during daytime hours as well as during evening and weekend hours.

Most hiring will take place this spring. Census taker job offers depend on the availability of work in your community, your test score, language skills, veterans' preference, and the number of hours you are available to work each week. Job offers are made by the local Census Office.

As the recession drags on, the FTC is going after scammers who take advantage of those searching for jobs in an environment of high unemployment.

The phony debt collector scam appears to be making a comeback. Officials in at least one state have seen a recent rise in reported fraudulent and threatening debt-collection calls.

"Consumers need to be extremely careful when they receive calls concerning debts they do not believe they have incurred," said Colorado Attorney General John Suthers, whose office has seen a rise in complaints over the last two weeks.

The scam works like this: a scammer contacts consumers at random, or maybe from a "sucker's list," and pretends to be a debt collector. According to the rash of complaints in Colorado, the calls are coming from "unknown" phone numbers or "000-000-0000."

According to the complaints, the alleged debt collectors are threatening consumers with lawsuits or "showing up at their place of work" unless they pay off an alleged debt. The calls claim that consumers have incurred hundreds or thousands of dollars in debt but can settle for a significantly lower sum.

The collection calls have informed consumers that they, the collection agency, are in possession of consumers personal identifying information, including their Social Security numbers.

In almost all cases, these "debts" are bogus, but many consumers are so rattled by the call and the aggressiveness of the pitch they end up supplying a credit card or bank account number.

Colorado and many other states have debt collection laws that provide consumers with abundant protections aimed at keeping them safe from aggressive or unfair collection practices. When dealing with debt collection agencies, phony or real, remember:

• If a collection agency or debt collector threatens you in any way, hang up and file a complaint with the Office of the Attorney General in your state.

• If a collection agency or debt collector declines to provide you with a record of the debt, hang up and file a complaint.

• If you dispute a debt a collection agency attributed to you in a timely fashion, the collection agency must provide some proof that you actually owe the debt before contacting you again.

• If you would like to have a collection agency stop calling you at work or home, you must send a letter to the collection agency. A phone call is not sufficient. Once a collection agency receives your letter, they are barred from contacting you.

• If you inform a debt collector that you are not the subject of the debt, it must stop calling you.

• You do not have a right to make partial payments unless the collection agency agrees to such an arrangement.

• When dealing with debt collectors, keep copies of all of your correspondence, including any payments.

• After you have asked a debt collection agency to stop contacting you, for whatever reason, it may contact you only via a lawsuit.

We Boomers like to think were going to live forever. I cant tell you how many times Ive heard fellow Boomers say, Im sixty but I feel like Im 20. We may feel like were 20, or 30, but in reality, we are, as they say, getting up there. Wishing otherwise wont make it so. Waiting until we feel old before we get our legal affairs in order could put the lives of our spouses and children in financial jeopardy.

As pointed out in the article, A Spouses Death Often Leaves Tangled Finances, 32% of women 55 and older are widowed compared to nine percent of men.

This statistic reminds me of a 49-year-old man who died suddenly without telling his wife where his bank accounts were kept, or under what name. He unwittingly left her penniless. California attorney Mark Y. Umeda had a recent client who thought she was left without anything when her husband died only to discover he had stashed $1.4 million worth of stock certificates in a shoebox in their closet. Lucky for her, she didnt toss out the shoebox without first looking into it.

Umeda admits that practically every new client he sees comes into his office because of a trigger incident such as a spouse dying and the surviving spouse wanting to get things set up.

For Boomers facing the increasing likelihood of heart disease, cancer, and even dementia, proactively getting the legal documentation that we all need in order now is in everyones best interest. Planning rather than leaving everything to chance will reduce stress and since stress is a known contributing factor to such life-threatening conditions as heart disease, knowing you have the legal documents you need could help lower your stress level, which can only be a positive thing.

Basic legal documents Boomers need

Here are the basic documents that you should consider securing that relate to your property and assets as well as to the possibility that your physical or mental health will decline to the point that you need someone else (someone to whom you give the power of attorney) to make decisions for you as well as a document that summarizes your basic healthcare wishes:

• revocable or irrevocable trust;
• will;
• durable power of attorney; and
• health care directives

Revocable or irrevocable trust

You may think you need a will, and you do, but there might even be a better way. Every state is unique but the California lawyers I spoke with recommend a revocable trust as a way to save your survivors the time and money of going to probate court as well as providing some possible tax benefits.

Heres how it works. All your assets are put into a revocable trust your house, your stocks and bonds, and other property. Upon your death, it becomes an irrevocable trust; the trustee you have designated immediately administers the trust. All the assets in the trust are available to your beneficiaries. There are no additional costs beyond what you had to pay to set up the trust initially, which is around $2,000 to $3,000 (although this estimate may change based on the complexity and number of assets of the trust as well as if there are administration fees to the trustees).

That might sound like a lot of money but consider this: although a will may cost only $150 to $400 to have an attorney prepare, after you die, if your assets are not in a trust, your will has to go through probate court which could take up to a year. During that time, your assets are frozen, except for assets that were jointly held. Your surviving spouse will not be able to get access to those frozen assets.

That could mean that in order to get money to live on, your surviving spouse will have to petition the judge to get whats called a family allowance, or some funds from the estate until the estate is through probate. Furthermore, in most states, the probate process takes a percentage of the estate. In California, for example, if you leave an estate that is worth $300,000, 4-10% goes to the probate court, or about $18,000, with around $9,000 going to the lawyer that handles the case.

Attorney Umeda says, Every entity is different, whether its the federal government or the state of California, so its good to sit down and talk to professionals for tax purposes. In general, taxes are determined by the net value for a trust but for probate, the taxes are based on the gross value. Furthermore, a trust keeps your financial affairs private; a will that goes to probate becomes public.

That $2,000 to $3,000 to set up a revocable trust may actually save you thousands of dollars in the long run. But be careful about getting scammed. (See North Carolina Shuts down Living Trust Scheme). Always deal with a trusted knowledgeable attorney in these matters.

Why, you might ask, would anyone want be reluctant to set up a revocable trust if there are so many benefits to someones survivors and beneficiaries? Umeda explained that some clients feel their beneficiaries, whether its a surviving spouse, children, or a favorite charity, are lucky theyre getting anything from their estate and theyd rather avoid paying the fees to set up a trust.

But not so fast. Before you get the impression that a revocable trust is the way to go for you, consider that there is also something called an irrevocable trust which is set up and administered differently from a revocable trust.

As New York-based attorney John Wagner, who specializes in wills and trusts, among other civil matters, says, The bottom line is, there is no one size fits all but a trust is a very useful tool under the proper circumstances.

Adds Steven R. Wagner, an attorney in practice with his brother at Wagner Davis P.D., It depends on the nature of the assets, the family composition, family needs, and the willingness of the individual, the Boomer, to give up control over the assets.

Do you need a revocable trust, an irrevocable, or just a will? It depends on so many factors that Boomers need to seek out an attorney who specializes in these issues to help make the right decision for your particular set of circumstances. (See the section below on how to find an attorney if you do not already have one.)

You still need a will

Even if you set up a revocable or an irrevocable trust, it is recommended that you have a will as a backup. California attorney John N. Gulick, Jr., who specializes in wills and trusts, Gulick suggests having what he calls a pour over will, meaning, anything that you did not put into the trust you make sure is covered in your will.

There are four basic kinds of wills: an oral will, a holographic will (that is handwritten), a will that is drawn up by an attorney on your behalf; and a will that is created by using software, forms in a book, or through an online service, like Legal Zoom.

Of these four methods, working with an attorney is preferable because you have someone you can discuss things with. However, if you want to do a will yourself, 25 states recognize a holographic or handwritten will and it does not even have to be witnessed. A holographic will, writing out what your wishes are, and dating and signing it, is better than no documentation at all. Just remember to keep it in a safe place such as a safe deposit box at your bank, and then of course, make sure your spouse or next-of-kin knows where it is.

Although such a will is acceptable, it could be more open to questions and contests than a will that is drawn up in a more traditional way with an attorney and is witnessed.

Oral wills are acceptable in only the most restricted of circumstances such as in an emergency situation, when someone is about to die, or when someone is in active service in the military and preparing a written will is improbable.

There is a new trend toward video wills but this is simply the reading of the will by the person before he or she dies. It is more of a personal touch to the reading of the will or done for theatrics, rather than any legal reasons.

If you only have a will and you do not have a trust, upon your passing, the will has to go through probate court. If you have a trust and a will, it does not have to go through probate court.

Durable power of attorney

The Durable Power of Attorney (DPOA) is a legal document that gives someone the power to make decisions on your behalf if you are no longer able to because of mental or physical incompetence. The document is meaningless as long as you are of sound mind and body. But setting up the power of attorney while you are still healthy and competent, you are the one making the choices as to whom you give this auspicious power, whether it is a spouse, adult child, an attorney, family friend, sibling, or extended family member.

Carolyn L. Rosenblatt practiced nursing for ten years before becoming a lawyer. In her book, A Boomers Guide to Aging Parents, she writes: Some such documents are valid at the time of signing them. Others require that a physician or perhaps two doctors verify that the elder is no longer able to handle finances without help. Her advice applies to Boomers getting a DPOA for themselves as well as for their aging parents. As Rosenblatt suggests: We recommend that everyone 60 years old and above get this document done and store it in a safe place with other important papers such as a will, trust, deed, or birth certificate.

Health care directives/DNRs

Health care directives cover what your wishes are if you should get sick. It could cover whether or not you want "heroic" measures to be taken if you become ill, as well as the use of a feeding tube to keep you nourished and alive (generally not considered heroic). It could also cover whether you want your organs donated, even specifying which organs.

A health care directive is different from a DNR (do not resuscitate) order. Attorney Umeda does not recommend a blanket DNR for typical Boomers. He explains: What if your DNR is posted on your refrigerator with a magnet. A paramedic sees you are in cardiac arrest and doesnt know what to do.

Dont sign a DNR until you know for sure what your medical situation is and thats usually when you get to the hospital. Or if youve been diagnosed with some form of terminal illness such as cancer and you have less than six months to live. You might want to sign a DNR at that point because youd rather die of a heart attack in a month than die of cancer in six months. But thats a big exception to the general rule, Umeda said.

Let your loved ones know where everything is

Whether its a shoe box, a file drawer, your lawyer's office or in a safety deposit box, you need to let your loved ones know where all the key documents are being kept. That includes the passwords to your computer and any documents that your survivors might need to have handy including marriage certificate, divorce decree, birth certificates, military discharge papers, insurance policies, title to cars, deed on the house, and if you have a business, any documentation that someone who will take over, run, or sell the business will find useful.

Sue Moss is a matrimonial and family law attorney with Chemtob Moss Forman & Talbert, LLP of New York City. In discussing these key documents, Moss suggests that your attorney should keep a copy and always have a copy in a safe that is fire resistant or in a safe deposit box.

Every state is different

Remember that this article only provides very basic information; it is not meant to substitute for legal advice, which can only be provided by a licensed attorney with expertise in wills, trusts, estates, and elder care concerns. Furthermore, every state has its own laws so you need to consult an attorney in the state where you currently reside. This article has only covered general considerations that Boomers might find useful.

Finding a lawyer you can trust

Most people find a lawyer the way they find a doctor or dentist; through a referral from a neighbor or friend. But if you are new to a community, there are other ways to find a lawyer, including an nearly infinite number of online sites claiming to be directories. However, many of these sites are really in the "paid lead" business; they extract a lot of personal information from you and many are more than a little vague about what they do with it. Some that we checked did not even have a privacy policy.

Most knowledgeable attorneys and consumer advocates recommend that you contact your local or state bar association referral service. These services are trustworthy, unbiased, confidential and free. They will provide you with the names and contact information of attorneys in your area who have expressed an interest in handling your type of case. Most bar referral services offer a discount or guaranteed rate for the initial consultation with the lawyer you choose.

To find a complete national listing of local and state lawyer referral services, check the American Bar Association Web site, which contains lots of other useful information that is completely trustworthy and unbiased.

As a final safety measure, check ConsumerAffairs.com's legal services section to see what other consumers have said about their lawyers.

Peace of Mind

So all you Boomers, who are between the ages of 46 and 64, give yourself some peace of mind and take the time now, while youre relatively healthy and of sound mind, to get your affairs in order so there are no surprises down the road. And dont wait until you feel old to do it. Youre old enough now.

Resources

Associations

• AARP
• American Bar Association

Sources

• AARP Crash Course in Estate Planning. Updated edition. New York: Sterling Publishing Company, 2008.
• Randolph, Mary. 8 Ways to Avoid Probate. 7th edition. Berkeley, CA: Nolo Press, 2008.
• Understanding Power of Attorney. AARP.org, March 20, 2005.

It's spring break time and that can spell trouble for those who widely advertise their travel plans on Facebook, MySpace or other social networking sites, Attorney General Jack Conway warns.

Conway's warning follows a recent burglary believed to be prompted by a woman who posted on Facebook that she and her fianc were leaving home for the evening.

I have warned kids across Kentucky to think before they post and that same message applies to adults as well, said General Conway. This is an important reminder of the dangers that exist on the Internet and that the people you meet online arent always as they seem.

The victim reportedly believes the burglary suspect was among her more than 500 Facebook friends who received the message that she would be gone for the evening. General Conway says it is always important to consider whether someone could use the personal information you have posted against you.

What you post online can not only jeopardize your safety, it can jeopardize your employment, admission to a college or personal relationships with friends or family, said General Conway. The words and images you post on the Internet are reflective of you and may be available for years to come.

Investigators in General Conways Cybercrimes Unit caution that even posting something as simple as your birth date could be used by identity thieves, spammers or even stalkers.

Cyberpredators can easily use your birth date, address or even your interests or hobbies to find out additional information about you or to become an online friend. The less personal information you put on a social networking site, the better, said Bill Baker, an investigator/branch manager of the Attorney Generals Cybercrimes Unit.

Conway offers these tips:

Tips for Parents

• Be a friend to your child on social networking sites like Facebook or MySpace.

• Ask to see their profile page to make sure it does not contain personal information that could compromise their safety.

• Monitor your childs online activities and keep kids out of chat rooms unless they are monitored.

• Keep the computer in a public area of the home such as a family room or kitchen.

• Warn your child to never meet in person someone they have met online.

Tips for Kids

• Protect your password and make sure you really know who someone is before you allow them to be an online friend.

• Put everything behind password protected walls, where only friends can see.

• Blur or morph your photos a bit so they wont be abused by cyberbullies or predators.

• Dont post anything your parents, principal or a predator couldnt see.

• Remember, what you post online stays onlineforever.

• Not everyone you meet online is who they say they are.

The operators of a New Jersey-based telemarketing scheme will pay a record $18.8 million and leave the charitable donation business to settle charges that they violated a Federal Trade Commission (FTC) order.

Civic Development Group, LLC; CDG Management LLC; and owners Scott Pasch and David Keezer are accused of misleading consumers to believe they were donating directly to legitimate charities serving police, firefighters, and veterans. In fact, only a small slice of the donations actually went to these charities.

The civil penalty is the largest ever in an FTC consumer protection case and the agency says it should deter others from violating Commission orders and from deceiving consumers and harming legitimate charities.

"This scheme packed a one-two punch: it deceived the people who donated, and it siphoned much-needed funds from police, firefighters, and veterans groups," said David Vladeck, Director of the FTC's Bureau of Consumer Protection. "The court's final settlement order packs a one-two punch of its own: a record-breaking financial penalty for violating an FTC order and a lifetime ban on soliciting charitable donations."

"Firms and individuals should not mislead the public when soliciting donations for charitable organizations," said Tony West, Assistant Attorney General for the Civil Division of the Department of Justice. "The Justice Department will take action when a telemarketer violates an FTC order and takes unfair advantage of the generosity of donors by providing only a small fraction of donations for the charitable purposes for which they were intended."

Under the settlements, the defendants are permanently banned from telemarketing and soliciting charitable donations, and prohibited from making false claims about anything they sell.

Defendants Pasch and Keezer are required to turn over numerous assets to a court-appointed liquidator. Pasch will surrender a $2 million home; paintings by Picasso and Van Gogh valued collectively at $1.4 million; a guitar collection valued at $800,000; $270,000 in proceeds from a recently sold wine collection; jewelry valued at $117,000; three Mercedes, a Bentley, and various other assets. Keezer will turn over a $2 million home, a Range Rover, a Cadillac Escalade, and a Bentley, among other assets.

According to the complaint, Civic Development Group's telemarketers deceived consumers by telling them that they worked directly for the charities they called about, and that "100 percent" of the consumers' donations would go to those charities.

Group has shady history

The FTC first sued Civic Development Group in 1998, charging that telemarketers working for the company's corporate predecessor misled consumers by falsely claiming that their donations would be used locally to buy bullet-proof vests and provide death benefits for deceased officers' surviving family members.

In 2007, the Department of Justice (DOJ) filed a second complaint referred by the FTC, which alleged that the defendants had violated the prior FTC order. The complaint charged that the defendants tried to circumvent state and federal telemarketing regulations by mischaracterizing themselves as "Professional Management Consultants" who were operating independently from Civic Development Group.

In fact, they continued hiring, firing, managing, and paying the telemarketers. The telemarketers, in turn, continued to falsely tell consumers they worked directly for the charities, which received "100 percent" of the donations collected. In fact, the charities received only 10 to 15 percent of the donations, and the balance went to Civic Development Group, the complaint stated.

And, just over a year ago, Civic Development was among 17 telemarketers sued by the state of California.

In addition to the other settlement provisions, the defendants must take reasonable steps to ensure that their employees comply with the settlement, and comply with standard FTC record-keeping and reporting requirements.

Helpful hints

To keep from getting scammed by "charity" solicitors, here are some tips to remember before making a donation:

• Ask how much of the donation will actually go to the charity (as opposed to the solicitor).

• Always get an address, phone number and contact name.

• Beware of sound-alike names.

• Ask questions, read and listen carefully to all of the information that is presented to you.

• If you donate, do not give cash.

• Be skeptical of excessive pressure for on-the-spot donations.

• Do not give credit card numbers or personal information over the phone.

• Call your state attorney general's Office to check on a charity's status.

State and federal governments have been working together to put an end to such charity telemarketing scammers.

Colon Cleanse 3000, which sparked numerous consumer complaints throughout 2009 for its "free trial offer" that turned into expensive shipments of unordered product, is now triggering a new wave of complaints.

Consumers who disputed the unauthorized charges last year are now receiving calls from collection agencies demanding payment of the unauthorized charges.

"Today, in the mail, I get not one but two collection notices from two different collection companies stating I owe money for the product," Yolette, of Colorado Springs, Colo. Told ConsumerAffairs.com last month.

Yolette said she received the unordered product last July and returned it in the box it was shipped in, unopened and marked "return to sender."

"Interesting that they wait eight months to take this action and not once in the past eight months have they every billed me. If this hits my credit report I am going to hire an attorney. This charge is false and this attempt to get money from me is illegal."

Sean, of Reynoldsburg, Ohio, said he ordered the "trial product" seven months ago and cancelled almost immediately. He thinks one scam has segued into another.

"I just received a collection letter from Healthy Online Services on their behalf," he told ConsumerAffairs.com. "Ok, Colon Cleanse 3000 is out of business. They are now sending letters to all their past customers under a new business name trying to scare them into paying."

Colon Cleanse 3000 stopped advertising and stopped taking orders last year. Sean suspects that Healthy Online Services is simply the old company under a new name.

Third party?

"Healthy Online Services represents themselves as a third party collector, but after a few phone calls I found out they are in-house. From there I did some research, and I suspect it's actually just the same company," Sean said.

When Sean demanded that Healthy Online Services produce a proof of purchase and information about the debt, he said he got nowhere with the debt collector.

"I repeated that I was disputing the debt and they were required to give me all information regarding the company, and I should not need to go online to get it," Sean said. "At that he told me that he did not have any information. So I stated that if he did not have the information and refused to provide the information, that this is not a valid debt that he could collect on and that I would contact the attorney general should any further action be taken. He was then able to magically check my account and see that it was indeed cancelled and apologized for the trouble."

Magic words

Sean may have uttered the magic words when he said "attorney general." For others in a similar situation, reporting a suspected scam to your state attorney general's office should be a first step. The attorney general is probably the one government official scammers actually fear.

Colon Cleanse 3000 was advertised on radio and the Internet, promising consumers a free trial-sized bottle. However, to receive the "free" bottle consumers had to pay $2 for shipping, using a credit or debit card. By the time the consumer received the "free" bottle, their credit cards had often been charged more than $80 for a full bottle.

Consumers should never pay for a "free sample" of anything, as it is usually a ruse to obtain a credit or debit card number. With that information, the company can put any charges on the card and force the consumer to dispute it.

To read more complaints about Colon Cleanse 3000, click here.

Minnesota is one of the handful of states with interest rate caps, effectively keeping payday lenders at bay. But three lenders who used the Internet to do business with Minnesota residents have landed in court.

Minnesota Attorney General Lori Swanson has filed three separate lawsuits against online payday lenders whose fees exceeded the interest rates allowed under state law and otherwise failed to comply with state licensing rules and consumer protections.

The lawsuits were filed against Eastside Lenders, LLC of Delaware; Global Payday Loan, LLC of Utah; and Jelly Roll Financial, LLC of Utah. None of the three companies has a license with the Minnesota Department of Commerce that allows them to make small consumer loans to Minnesota residents, Swanson says.

All three companies charge borrowers $30 in interest for a $100 two-week loan, which is a 782 percent annual interest rate. In addition, Eastside's website offers loan repayment periods as short as eight days, providing for the annualized interest rate on a $100 eight-day loan to be 1,368 percent.

Global Payday's website offers loan repayment periods as short as four days, providing for the annualized interest rate on a $100 four-day loan to be 2,737 percent.

Desperation

Swanson and Dana Badgerow, President and CEO of the Better Business Bureau of Minnesota and North Dakota, said the current economy has led many people to look for instant payday loans on the Internet. A payday loan is a short-term, high-interest loan, often under $500, targeted at borrowers who need money between paychecks.

The contract generally requires the borrower to pay back the loan in 14 days, or less, when the borrower's next paycheck arrives. The attorney general and BBB warned citizens to be on guard against Internet payday lenders that evade state interest rate laws and consumer protection laws by operating online without proper state licensure and that in some cases make unauthorized withdrawals from consumers bank accounts.

"Many people are in a tight spot financially and looking for help, but Internet payday lenders that purposefully evade state laws can make a tough financial situation even worse," Swanson said. "People who take out payday loans from unregulated Internet lenders hope to borrow a small amount of money that they'll repay soon. But the high interest rates, recurring finance charges, and other traps can cause the amount of the loan to explode until it becomes unmanageable."

Minnesota payday lending laws contain several consumer protections. For example, for loans less than $350, Minnesota law caps the fees that may be charged on a sliding scale as follows: $5.50 for loans up to $50; 10 percent plus a $5 fee on loans between $50 and $100; 7 percent (minimum of $10) plus a $5 fee on loans between $100 and $250; and 6 percent (minimum of $17.50) plus $5 fee on loans between $250 and $350.

For loans between $350 and $1,000, payday lenders cannot charge more than 33 percent annual interest plus a $25 administrative fee. In addition, payday lenders must itemize their fees and interest charges in their contracts, and state law prohibits certain unfair contract terms.

The Department of Energy (DOE) has ordered AeroSys, Inc. to stop distributing two product models -- one air conditioner and one heat pump -- that DOE testing found to consume more energy than allowed under federal efficiency standards.

This marks the first time DOE has told a company or manufacturer that it must halt the distribution of products that fail to meet minimum conservation standards, and follows an investigation into whether AeroSys has been selling products that violate minimum appliance efficiency standards.

The department "will act aggressively to remove any products from the market that are violating national appliance standards," said DOE General Counsel Scott Blake Harris. "We will continue to take the steps necessary to protect American consumers and the environment from wasteful and inefficient appliances."

DOE subpoenaed AeroSys's data on the energy use for certain heat pumps and air conditioners last year, before beginning independent testing on seven product models in the fall (6 air conditioner models and one heat pump).

Based on the test data, DOE has determined that the AeroSys heat pump (THHP-24T) and one of the air conditioners (THDC-30T) consume more energy than allowed under federal law. Another air conditioner (THDC-24T) was shown to meet the federal standards.

The non-compliant air conditioner fell below the minimum standard of 10.9 SEER by about eight percent, while the heat pump missed by about four percent. Testing is continuing on four additional air conditioner models (THDC-18R, THDC-18S, THDC-18T and THDC-24S) and will be complete over the next month.

Once testing is complete, DOE will determine the compliance of the remaining four models and take additional actions as appropriate.

A Notice of Noncompliance issued by DOE's Office of the General Counsel to AeroSys requires the manufacturer to respond to DOE within 15 days, detailing the steps they will take to remove the two noncompliant models from commerce in the U.S.

The company is also required to provide written notification to all businesses where the products were distributed, alerting them that the products consume more energy than allowed by law.

If the company fails to respond or effectively explain how these products will be removed from the market, the Department of Energy will seek a judicial order to prevent their sale.

Earlier this month, DOE and the Environmental Protection Agency outlined a series of steps to strengthen the ENERGY STAR program, which the government describes as "helping us all save money and protect the environment through energy efficient products and practices."

Losing your hard-earned money to some fly-by-night operation is no joke, but with the start of spring, scammers are certainly gearing up.

"Offers for chimney repair, magazine sales, driveway paving, meter reading, and even this year's Census provide plenty of opportunity for door-to-door schemers to try to separate consumers from their money or personal information," says Connecticut Consumer Protection Commissioner Jerry Farrell, Jr. "It's important that consumers be extra careful and vigilant."

As fireplaces and furnaces are retired for the season, chimney sweeping and repair scams will likely increase.

"Don't ever hire a chimney sweep who shows up uninvited," Farrell said. "Talk to friends and relatives or search the business pages to find someone who has established roots in the community. You want a chimney sweep whose word you can trust."

While chimney sweeping is not considered home improvement, the chimney sweep may find problems needing repair. Chimney repairs are home improvement, and anyone offering to perform chimney repair or replacement must have a Connecticut home improvement registration.

"A chimney sweep who finds problems shouldn't be hired to do repairs the same day," Farrell said. "It's a separate job and you should take time to find the best contractor for the job. If your chimney sweep is qualified and appropriately registered, invite him or her to provide you with a bid like any other contractor you consult. There's a three-day right of cancellation on home improvement contracts, so legitimately, no chimney work should take place for the first three days after you and a contractor sign."

Anne of Bohemia, NY, tells ConsumerAffairs.com that she had the liner in her chimney replaced by Safe-T-Check Chimney the same day the furnace was cleaned out. "Shortly after we turned off the boiler for the season and after we started using it this season we noticed soot coming from the boiler and soot mixed with water coming from the pipe leading to the chimney. Called Safe-T-Check Chimney to come and evaluate, said the problem was not theirs."

Further investigation, she says, determined that the chimney draft is too low -- the liner is 5 1/2" diameter, which is undersized. "Called Safe-T-Check again, told he would come back out to evaluate, never showed up. I am left with an unsafe chimney/draft problem. Would like $1,4000.00 refund for what I paid for."

In upcoming weeks and months traveling pavers pushing underpriced, inferior driveway paving and sealing services are likely to show up on your doorstep.

"Unsuspecting consumers can get flattened by these smooth-talking scam artists, not only losing their money, but being left with a pile of rubble where their driveways used to be," Farrell said.

Vehicles used by traveling pavers are often unmarked utility trucks and vans; salespeople circulate brochures door to door, and their sales pitch usually indicates that asphalt they have left over from a nearby job is available to you immediately, at a bargain price. High-pressure sales tactics, haphazard contracts and a request for payment in cash or personal check made out to cash, are all red flags.

"If something or someone seems suspicious, do yourself and your neighbors a favor and report it to your local police department," Farrell said. He offered the following additional tips.

Always get a signed and dated contract for the work, since it will protect you from potential damages or misunderstandings. Insist that the following items be included in writing:

• the date the contract was signed

• a start date and end date for the job

• the price, (you can request that labor and materials be broken out separately)

• the contractor's name, address and home improvement contractor number (HIC number)

• a 3-day Notice of Cancellation that allows you 72 hours to change your mind. You should also see clear instructions on how to contact the company to cancel that contract - a correct phone number, fax number, and/or mailing address must be provided.

"All of these items are required by law to be in a home improvement contract, to provide maximum protection to the consumer," Farrell said. "The three day right-to-cancel actually prevents a contractor from legally beginning the job on the day you sign the contract," Farrell said. "Don't be pressured by anyone who needs to get started right away."

Likewise, be cautious with people selling products door to door like furniture, magazine subscriptions, cleaning aids and similar items. Consumers should check with local police to be sure they know that home solicitation is taking place in town.

If you decide to buy from a door-to-door solicitor, pay with a check and make it out to the company, not to the salesman or to cash. Consumers who order products from a door-to-door salesman also have a three-day right to cancel, so be sure to get a contract or receipt with contact information in case you change your mind.

To avoid getting burned, a savvy consumer will know what to look for and what to avoid in a home improvement contractor .