Current Events in September 2010

The latest survey shows problem rates related to dropped calls have increased notably from six months ago among wireless customers who are most likely to switch providers.

Seven problem areas

The semiannual study measures wireless call quality, based on seven problem areas that impact overall carrier performance: dropped calls; static/interference; failed call connection on the first try; voice distortion; echoes; no immediate voicemail notification; and no immediate text message notification.

Call quality issues are measured as problems per 100 (PP100) calls, where a lower score reflects fewer problems and higher call quality. Performance was examined in six regions: Northeast; Mid-Atlantic; Southeast; North Central; Southwest; and West.

The study finds that 14 percent of customers say they "definitely will" or "probably will" switch wireless providers in the next 12 months and that these customers experience a particularly high rate of call-related problems. The rate of call quality problems among customers who say they "definitely will" switch their current wireless provider is more than four times higher than problem rates among customers who say they "definitely will not" switch in the next 12 months (29 PP100 vs. 7 PP100, respectively).

Why they switch

Specifically, dropped calls are primarily driving the high switching rate, compared with other call quality issues. For example, problem rates average 20 PP100 among customers who say they "definitely will" switch carriers within the next year and also say they had at least one dropped call. Furthermore, the rate of dropped call problems among customers who say they "definitely will" switch has increased by 33 percent from six months ago.

In comparison, among those wireless customers who experience calls that are not connected on the first try, the average problem rate is 11 PP100, up slightly from 10 PP100 six months ago.

"With an increasingly competitive environment and the complexity of services often used in conjunction with cell phones steadily on the rise, carriers that offer superior network quality may improve their likelihood of attracting new customers and increasing customer retention," said Kirk Parsons, senior director of wireless services at J.D. Power and Associates. "In fact, improving network quality and, in turn, retaining the customers most likely to switch are beneficial financial incentives for wireless carriers, as customers who are more likely to switch tend to spend an average of $82 per month and make or receive 127 calls per month, while those who aren't considering switching spend $78 and make or receive 104 calls per month, on average."

Regional rankings

For a 12th consecutive reporting period, Verizon Wireless ranks highest in both the Northeast and Mid-Atlantic regions. The company achieves fewer customer-reported problems with dropped calls, initial connections and interference, compared with the regional averages. Verizon Wireless also ranks highest in the West region and ranks highest in the Southeast region in a tie with both Sprint Nextel and T-Mobile.

In the North Central region, U.S. Cellular ranks highest for a 10th consecutive reporting period. Compared with the regional average, it has fewer customer-reported problems with dropped calls, failed initial connections, interference and echoes.

In the Southwest region, T-Mobile ranks highest, due mainly to lower reported PP100 ratings in voice-centric dimensions such as interference, echoes and voice distortion, compared with the regional averages.

"Wireless customers rely on their phones to do everything from providing them with driving directions to sending picture messages, as well as placing calls, so carriers must provide their customers with problem-free experiences to keep them satisfied," said Parsons. "Wireless customers have higher expectations than ever before of their phones and the networks on which they operate."

Complaints roll in

ConsumerAffairs.com hears tons of complaints about dropped calls. A sampling includes:

• Verizon Wireless customer Victoria of Dublin, CA, who writes, "I was told that I can use my cell phone from coast to coast and that they have more towers so less dropped calls. But I even got dropped talking to Verizon Tech; they had to call me back on a landline phone."

• Yvette of Vicksburg, MS, tells us, that when she opened her T-Mobile account, "the service wasn't great to begin with but got worse as time went by. Dropped calls, loss of signal for no reason right in the middle of calls etc. I finally decided to switch to another cell phone company."

• "My husband and I began experiencing a very high amount of dropped calls on our Nextel mobile phones," wrote Christina, of Baltimore. "Finally after four months of not being able to make a cell call without it being dropped, I called to cancel."

Additional study findings

• Wireless usage patterns continue to evolve, as fewer calls are made or received and customers use their devices more often for text messaging, which increasingly is the preferred method for communication. The study finds that wireless customers receive 144 text message notifications per month -- 29 percent more text message notifications than reported one year ago.

• PP100 scores continue to be higher among smartphone customers than among traditional handset customers -- 13PP100 vs. 9PP100. However, both rates are lower than those reported six months ago.

• Among the top 27 U.S. markets, the PP100 score is lowest among wireless customers in the Tampa, Fla., area (5 PP100), and highest among wireless customers in Charlotte, N.C. (19 PP100).

The study, based on responses from 26,595 wireless customers, was conducted between January and June 2010.

Cigarette marketing is tightly regulated, but not so a relatively new cigarette substitute, something called an electronic cigarette. These devices are heavily promoted as a way for smokers to inhale nicotine but not the toxins of tobacco cigarettes.

Health advocates are unconvinced and, according to a new poll, so are consumers.

The University of Michigan C.S. Mott Children's Hospital National Poll on Children's Health found that 91 percent of adults in the U.S. think manufacturers should be required to test e-cigarettes for safety.

Likewise, an overwhelming majority -- 85 percent -- favor prohibiting the sale of e-cigarettes to minors and 82 percent think the Food and Drug Administration (FDA) should regulate e-cigarettes like other nicotine-containing products. According to the poll, 68 percent of adults think e-cigarettes should have health warnings like tobacco cigarettes and other nicotine products.

The FDA is already on record criticizing e-cigarettes as potentially toxic since they haven't been tested in FDA-recognized scientific trials. Also of concern: there are no age restrictions on sales of these new nicotine-containing products.

Warning letters

Last week the FDA issued warning letters to five e-cigarette distributors for various violations of the Federal Food, Drug, and Cosmetic Act (FDCA) including unsubstantiated claims and poor manufacturing practices.

Also, in a letter to the Electronic Cigarette Association, FDA said the agency intends to regulate electronic cigarette and related products in a manner consistent with its mission of protecting the public health. The letter outlines the regulatory pathway for marketing drug products in compliance with the FDCA. For a drug product to gain FDA approval, a company must demonstrate to the agency that the product is safe and effective for its intended use. The company must also demonstrate that manufacturing methods are adequate to preserve the strength, quality and purity of the product.

At least two state attorneys general -- Oregon's John Kroger and California's Jerry Brown -- have waged vigorous campaigns against e-cigarettes.

In January Brown sued the Florida-based e-cigarette retailer Smoking Everywhere for making what he said are "misleading and irresponsible" claims that electronic cigarettes are a safe alternative to smoking. He also said the company has targeted minors with its marketing.

Beginning last year, Kroger reached settlements with retailers and manufacturers not to sell or market the products in Oregon.

Unfettered promotion

While ads for cigarettes have been banned from the airways since 1970s, commercials for e-cigarettes as "stop smoking aids" show up regularly on radio and cable TV.

"It is clear from this poll that U.S. adults are not waiting for scientific evidence of adverse health effects of e-cigarettes before asking that they be regulated and restricted," said Matthew M. Davis, M.D., director of the poll and associate professor of pediatrics and internal medicine in the Child Health Evaluation and Research Unit at the U-M Medical School. "Rather, they support restrictions on e-cigarettes based on potential risks -- not just immediate health effects, but also the possibility that e-cigarettes may lead youth toward later use of tobacco cigarettes."

E-Cigarettes are battery-operated devices that look like cigarettes but do not burn tobacco. Instead, e-cigarettes have replaceable cartridges of liquid containing nicotine, which is inhaled as a vapor along with flavors like tobacco and chocolate.

E-Cigarettes are available in stores, mall kiosks and over the Internet.

Davis said the poll adds to the mounting public dialogue about e-cigarettes, which he says has so far consisted of claims and counter-claims by opponents and proponents but minimal scientific data.

The national default rate for fiscal year 2008 -- the most recent period for which statistics are available -- is seven percent, propelled higher by an 11.6 percent default rate for for-profit schools. In comparison, the default rate at public colleges and universities is six percent and four percent for private, non-profit schools.

The default rate is a snapshot in time, representing the borrowers whose first loan repayments came due between October 1, 2007, and September 30, 2008, and who defaulted before September 30, 2009. During this time, almost 3.4 million borrowers entered repayment, and more than 238,000 defaulted on their loans.

They attended 5,860 participating institutions. Borrowers who default after their first two years of repayment are not measured as defaulters in today's data.

Students are struggling

"This data confirms what we already know: that many students are struggling to pay back their student loans during very difficult economic times. That's why the administration has expanded programs like income based repayment and Pell grants to help students in financial need," said U.S. Secretary of Education Arne Duncan.

Duncan also expressed concern about the high rate of default among students attending for-profit schools, whom he says are the most likely to be unable to repay.

"While for-profit schools have profited and prospered thanks to federal dollars, some of their students have not," Duncan said. "Far too many for-profit schools are saddling students with debt they cannot afford in exchange for degrees and certificates they cannot use. This is a disservice to students and taxpayers, and undermines the valuable work being done by the for-profit education industry as a whole."

Over the summer the Obama administration proposed new rules to regulate federal aid to for-profit schools, arguing most of the money was going to the institutions' bottom line. Last month the The Senate Committee on Health, Labor, Education and Pensions held hearings on recruitment practices at these institutions.

Complaints mount

The federal government is turning its attention to these institutions as complaints mount. A recent General Accountability Office (GAO) report was sharply critical of recruiting practices at some for-profit colleges, saying some recruiters lie and urge aid applicants to commit fraud. In recent months ConsumerAffairs.com has received a number of complaints about the issues the committee is addressing.

Jodi of Brigham City, Utah, said she applied to the University of Phoenix in May of 2009 and was told to apply for financial aid. Jodi wanted to avoid getting buried in debt and was hoping to receive a generous Pell Grant to help with the school's $8,000 tuition.

Jodi said that as classes were about to begin, the recruiter called and told her that, based on her score, she would probably qualify for aid, and to go ahead and begin classes, even though nothing had been determined.

"I asked her what would happen if I didn't get aid, and she replied again that things looked really good for me and to go ahead and start because the first block was taken care of," Jodi told ConsumerAffairs.com.

Surprise!

Jodi said once she started classes she learned that her Pell Grant amounted to only $1200 and the rest would have to be covered in student loans. When she attempted to drop out, Jodi says she was told there would be a big financial penalty. She said she also learned that the loan money had already been disbursed, without her permission.

"First of all, when a person applies for credit, they should not be forced to accept the highest amount offered," Jodi said. "I told Janet (the recruiter) during the week of June 8 that if I didn't get a lot in Pell that I couldn't accept the loan. She said my aid would be fine. They should not be allowing anyone to begin classes at their school without the student seeing what aid they can get."

For-profits lead

In its latest report on loan defaults, DOE notes that students at for-profit schools represented 26 percent of the borrower population and 43 percent of all defaulters. The median federal student loan debt carried by students earning associate degrees at for-profit institutions was $14,000. The majority of students at community colleges do not borrow.

Under current rules, all schools with default rates of 25 percent or greater for three consecutive years face loss of eligibility in the federal student aid programs. This year, two schools are affected by this provision: Charleston School of Beauty Culture, Charleston, W. Va.; and Human Resource Development & Employment-Stanley Technical Institute of Clarksburg, W.Va.

Schools with a default rate greater than 40 percent in the latest year may lose eligibility to participate in the federal loan programs. This year three schools are subject to this provision: Cuttin' Up Beauty Academy, Denver; Academy of Healing Arts, Las Vegas; and Clinton Junior College, Rock Hill, S.C.

By Truman Lewis
ConsumerAffairs.com

September 13, 2010
A clinical trial of Meridia finds that the controversial diet pill not only raises the risk of heart attacks and strokes but also doesn't do much to trim excess weight. European regulators have ordered the drug removed from the market but the U.S. Food and Drug Administration (FDA) continues to move more gingerly.

The FDA has asked a panel of experts to make recommendations about the drug, but isn't bound by the panel's recommendations. The consumer group Public Citizen has been pressuring the FDA to ban Meridia for years, with no success.

Last December, Public Citizen cited early results of the clinical trial, known as "SCOUT," showing that Meridia caused a "significantly increased number" of heart attacks and strokes, the second time in four years it had asked the FDA to withdraw the drug.

The latest study -- financed by Meridia manufacturer Abbott Labs and published in the New England Journal of Medicine -- found that while the drug did raise the risk of heart attacks and strokes, Meridia's label already warned against the use of the drug in patients with heart problems.

But that didn't stop the editors of the Journal from writing an unusual editorial saying that the study clearly showed Meridia should be removed from the market.

The editors didn't challenge the study's findings but said the authors didn't go far enough, noting that many overweight persons may have cardiovascular disease without realizing it and might therefore be putting themselves at risk by using the medication.

The FDA's cautious approach reflects the view that medications that may be beneficial to some individuals should not be banned because of the damage they may or may not cause to others but the agency's critics don't buy it.

If the FDA truly intends to operate as a public health agency, then it should acknowledge that the continued approval of this drug cannot be justified based on science, said Dr. Sidney Wolfe, director of Public Citizens Health Research Group said last year. The FDA should therefore tell Abbott to pull Meridia from the market immediately.

Public Citizen first petitioned the FDA to ban sibutramine, the active ingredient in Meridia, on March 19, 2002. The organization based its request on results of pre-approval clinical trials that demonstrated increases in blood pressure, pulse rate and palpitations in obese patients taking the drug.

Despite scientific evidence that these patients were three times more likely to experience clinically significant electrocardiogram changes than obese patients taking placebos - coupled with the minimal benefit of an average six-and-a-half pound weight-loss difference between the two groups - the FDA approved the drug in 1997.

By March 2003, there were reports to the FDAs adverse reaction system of 49 cardiovascular deaths among patients taking Meridia. Twenty-seven of the 49 (55 percent) were in people younger than 50 years old. The number is likely higher, as the FDA estimates that only one in 10 adverse reactions to drugs are reported to the agency.

Based on the findings from the SCOUT study and Public Citizens updated figures based on an analysis of FDA data, Public Citizen calculates that there have been 84 post-approval cardiovascular deaths of patients taking Meridia. This includes 32 patients who were 50 or younger and 11 patients 30 or younger.

Nissan is recalling vehicles equipped with Garmin NUVI Model 750, 760 and 765 navigation system. The batteries in the GPS units can overheat, possibly causing a fire.

The recalled models and model years are:

NISSAN / ALTIMA 2008-2010
NISSAN / FRONTIER 2008-2010
NISSAN / PATHFINDER 2008-2010
NISSAN / ROGUE 2008-2010
NISSAN / SENTRA 2008-2010
NISSAN / VERSA 2008-2010
NISSAN / XTERRA 2008-2010

Garmin technicians will replace the battery and insert a spacer on top of the battery when the recall begins later this month.

Owners may contact Garmin at 1-866-957-1981 or Nissan at 1-800-647-7261.

Consumers may contact the National Highway Traffic Safety Administration (NHTSA) at 1-888-327-4236 (TTY: 1-800-424-9153) or at www.safercar.gov.

Every parent hopes to give their child a leg up over their peers, but how early is too early? The increasingly competitive nature of preschools pressures parents to consider early reading programs that may not guarantee academic success.

Learning to read is not just a fundamental step in a childs development but an indispensable building block for future achievements. Your Baby Can LLC claims that its product, Your Baby Can Read, will enhance your childs learning ability, taking advantage of early brain development to maximize reading comprehension.

While this may be true, ConsumerAffairs.com readers have experienced a wide variety of results with the company and its product, leading many to question if Your Baby Can Read is right for them.

Educators are split between implementing a structured reading routine for children or taking a more relaxed and natural approach that focuses on social development. A number of child development research centers, including the Alliance for Childhood and Resources for Infant Educators, adhere to the more relaxed Waldorf philosophy, which stresses the importance of natural development.

Kathy Cook, the director of St. Aidans Preschool in Malibu, Calif., encourages parents to take the same natural approach to interacting with their children, arguing for the importance of establishing a personal connection with your child rather than relying on a pre-designed curriculum.

Cook says that in her 32 years of experience, she has noticed that children who are subject to structured learning programs tend to excel academically, but often lack the necessary social skills to effectively interact with their peers. She agrees that the Waldorf educational philosophy maximizes a childs individual abilities while at the same time allowing them to develop at an appropriate level.

But others, including Your Baby Can Read founder Dr. Robert Titzer believe that taking advantage of early brain development by teaching your child to read at a young age can ensure future academic achievement.

Good results

A number of ConsumerAffairs.com users have had success with the Your Baby Can Read program, including Kelly Stern and Cheryl Lyons-Schmidt.

The product is very effective if you put time and energy into the program and your kid, Kelly said. Her 22-month old daughter cannot only recognize many words, colors, shapes, and numbers, but enjoys the videos and songs.

Cheryl has had similar success, explaining that those who are unsuccessful likely are not following the directions For example, the instructions clearly state that your child should not watch any other TV shows. She says that by properly adhering to the program provided, your child will be able to read like her own daughter Ryleigh, seen in this YouTube video:

While Ryleighs accomplishments are certainly extraordinary, Kathy Cook maintains that children who are pushed into reading at such a young age could potentially miss out on the opportunities of socialization that are available to them.

There was a two-year-old girl whose father taught her the names of all the U.S. presidents with flashcards, Cook said, But when put with her fellow classmates, she had nothing in common with them. They had no interest in presidents, and who could blame them?

While this example may be extreme, it illustrates the greater issues surrounding early childhood development programs.

Cook warns against the use of flashcards and television: Too many people use the television as a babysitter when they should be reading to their child out of books.

She believes that, when a child asks to know what something is, then they are developmentally able to know. Furthermore, Cook insists that by asking themselves, they make the connection more concrete.

If as a parent you choose to follow the structured route, Cook advises that you dont do the program at the expense of the childs social life. She also advises parents to enroll themselves in multiple child development classes from different institutions and philosophies in order to understand the various options available to their child.

Disputed charges

Be warned however -- a number of consumers who have used Your Baby Can Read complain not of the product itself, but rather of their dealings with the company.

Andrita Andreas ordered the product but did not receive her entire order. She coomplains that she was charged a bunch of money and they never sent the products other than some cheap flimsy books.

Jose Nio said he was charged the full $260 for attempting to order the trial period. He immediately returned the product because he felt seriously treated with dishonesty.

Cesar Leyva, a member of the Your Baby Can LLC customer service team, advises customers to immediately contact customer support if they have any problems regarding the billing or shipment information of their order. Time is a factor as there is a 30-day trial period window in which you can return the product if not satisfied with the results, but after this period you are no longer eligible.

Ultimately the decision as to how to raise your child is yours alone, but be sure to do your research behind not only the methodology of a companys products, but its transaction track record as well. Generally speaking, you're more likely to find reliable, educationally sound information from sources that are not trying to sell you something.

Learn more

A few good sources of information include:

• Resources for Infant Educarers, a Los Angeles-based organization founded in 1978 by the late educator and infant specialist Magda Gerber and pediatric neurologist Tom Forrest, M.D.
• PBS Parents, public television's Web site offers an "early development tracker" that helps you determine what your child should accomplish each year from 1 through 8.
• U.S. Centers for Disease Control and Prevention outlines the milestones children should achieve each year and lists the warning signs of autism and other developmental problems that may manifest themselves early.

But do you really have to? It all depends on the age of the vehicle you're driving, automotive experts say.

"There was a time when 3,000 miles was a good guideline," Philip Reed, senior consumer advice editor for the car site Edmunds.com , told The New York Times this week. "But it's no longer true for any car bought in the last seven or eight years."

So, if you're driving a 2002 model or older, you should probably stick with a 3,000 mile oil change. But beyond that, the automotive experts at Cars.com say how often you should change your oil is an inexact science.

Factors like how you drive, the condition and age of the engine, the external environment you drive in, and stop-and-go versus highway driving, all come into play. Since most owners manuals recommend changing oil between 3,000 and 10,000 miles, the Cars.com experts split the difference.

Splitting the difference

"We recommend that you change your oil and filter every 5,000 miles," the experts say on the website. "That's our best estimate. It may be too soon for many people and too late for a few, but for the vast majority, 5,000-mile oil changes will help your engine last to a ripe, old age."

Reed says drivers can probably get 7,500 miles between oil changes, depending on driving conditions.

At about $35 per oil change, your automotive shop would like you to stay on the 3,000 mile schedule. But environmentalists take a different view. When newer vehicles entered the market extending the time between needed oil changes, the California Integrated Waste Management Board ran public service announcements about the "3,000 mile myth," urging drivers to get more mileage out of their engine oil.

Oil is replaced in engines because, over time, it undergoes thermal breakdown due to high operating temperature. When this happens, the oil becomes less effective as a lubricant. When the oil stops lubricating properly, the engine parts can quickly wear out.

Sometimes, regular oil changes might not help. Consumers who drive particular vehicle models have reported problems with "sludge" forming in their engines, even though the oil was not old.

Sludge problems

Sludge occurs when oxidized oil builds up in an engine. It forms a mucky goo that can cause the engine to seize up. The problem can be caused by failure to change the oil, but also by other factors. And sludge problems seem to occur in some models more than others.

"My 2003 Toyota Sienna started smoking," Manny, of Seffer, Fla., told ConsumerAffairs.com. "My mechanic looked at it and said the engine was full of sludge, which is a common problem with Toyotas. He said the repairs would be extensive and to contact Toyota since I had less than 60,000 miles on it and had changed oil on a regular schedule."

Toyota owners aren't the only consumers to report the problem. In the mid-2000s, some Volkswagen owners reported similar experiences.

"I have a VW Passat with 1.8 Turbo engine," reported Mikhail, of Branson, Mo. "The oil pressure light came on at 60k miles, with the stop engine sign. It was VW's famous engine sludge problem."

While changing your oil every 3,000 miles or so is still a good idea if you drive an older model vehicle, check your vehicle's owners manual for advice on changing the oil in newer cars. Increasingly, you'll find they recommend more miles between changes, and at $35 or more per oil change, that can add up over the life of your vehicle.

September 13, 2010
The Department of Transportation (DOT) and the Federal Aviation Administration (FAA) have made what they call a "landmark proposal" to fight fatigue among commercial pilots by setting new flight time and rest requirements based on fatigue science.

"This proposal is a significant enhancement for aviation safety," said Transportation Secretary Ray LaHood. "Both pilots and passengers will benefit from these proposed rules that will continue to ensure the safety of our nation's air transportation system."

Last year, LaHood and FAA Administrator Randy Babbitt identified the issue of pilot fatigue as a top priority during the Airline Safety Call to Action following the crash of Colgan Air 3407 in February 2009. Babbitt launched an aggressive effort to take advantage of the latest research on fatigue to create a new pilot flight, duty and rest proposal.

The proposal is compatible with provisions in the Airline Safety and Federal Aviation Administration Extension Act of 2010, which directs the FAA to issue a regulation no later than August 1, 2011, to specify limitations on the hours of pilot flight and duty time to address problems relating to pilot fatigue.

"I know firsthand that fighting fatigue is a serious issue, and it is the joint responsibility of both the airline and the pilot," said Babbitt. "After years of debate, the aviation community is moving forward to give pilots the tools they need to manage fatigue and fly safely."

Uniform requirements

Currently there are different rest requirements for domestic, international and unscheduled flights. The proposed rule would eliminate these distinctions. The proposal also sets different requirements for pilots based on the time of day and number of scheduled segments, as well as time zones, type of flights, and likelihood that a pilot is able to sleep under different circumstances.

The proposal defines "flight duty" as the period of time when a pilot reports for duty with the intention of flying an aircraft, operating a simulator or operating a flight training device. A pilot's entire duty period can include both "flight duty" and other tasks that do not involve flight time, such as record keeping and ground training.

The FAA proposes to set a nine-hour minimum opportunity for rest prior to the duty period, a one-hour increase over the current rules. The proposed rule would establish a new method for measuring a pilot's rest period, so that the pilot can have the chance to receive at least eight hours of sleep during that rest period.

Cumulative fatigue would be addressed by placing weekly and 28-day limits on the amount of time a pilot may be assigned any type of duty. Additionally, 28-day and annual limits would be placed on flight time. Pilots would have to be given at least 30 consecutive hours free from duty on a weekly basis, a 25 percent increase over the current rules.

Congress recently mandated that all air carriers have a Fatigue Risk Management Plan (FRMP). Each carrier will be able to develop its own set of policies and procedures to reduce the risks of pilot fatigue and improve alertness. The FAA has prepared guidance material to help the airlines develop their FRMP.

The Ford F-150 has always been notable for its tendency to burst into flames, even when parked and unattended. And now the National Highway Traffic Safety Administration (NHTSA) says the things may also combust when rolling down the road.

The latest problem, it seems, is that the two straps which hold the gas tank in place are rusting, allowing the gas tanks to come loose and fall out on the road. This not only presents a hazard to those in the truck but also to vehicles that may be behind them, NHTSA notes.

The agency says about 1.4 million F-150s from the 1997-2001 model years are potentially affected. It has received 32 complaints from vehicle owners, including 28 cases in which the gas tank wound up dragging along the ground or detached completely.

One truck owner said he heard a dragging noise and found that both straps had rusted out, leaving the tank dangling from the fuel line.

It may not be only the F-150s that have the problem, though. ConsumerAffairs.com has heard from owners of other Ford models that experienced similar failures.

David of Hilton Head Island, S.C., said his 2005 Ford 500 sedan caught fire in 2007 while he was driving down I-95 to Florida. He said the fire started in the rear of the car and was first noticed when flames licked up through the back deck.

David and his three passengers got out safely but the car burned "quickly and completely." David said he suspected the gas tank straps were at fault but was not able to confirm it.

Ford recalled millions of F-150s and other models plagued by a faulty cruise control switch prone to overheating and starting a fire.

I remain concerned about the Better Business Bureaus rating system and my offices investigation is continuing, Blumenthal said in a statement. We have reached no conclusions.

Blumenthal said he is disturbed by a 2009 change in the BBB's rating system for businesses. In the past, the bureau labeled businesses "satisfactory" or "unsatisfactory" for resolving consumer complaints. In 2009, the business watchdog launched a new rating system.

New rating system

In January of that year the BBB began rating businesses based on 16 weighted categories with a scale from AAA to F. The BBB Reliability Report's algorithm calculating a company's ranking revolves around a set of subjective characteristics including the nature of business, length of time since opening, whether the business is "problematic in the industry," and BBB accreditation, i.e., are they a paying member.

My office last month wrote the Connecticut BBB requesting information regarding my concerns -- especially the role of dues in determining ratings and potential harm to businesses that decline to join -- and we await a response, Blumenthal said. My office is reaching out to BBB to help facilitate a response.

Business complaints

ConsumerAffairs.com has also received complaints from businesses, objecting to the way they are rated by the BBB.

BBB gave our company a D- rating for 'failing' to provide them with information, Eric, of Manahawkin, N.J., told ConsumerAffairs.com. We are not a member! The notion that a private company can demand you snap to and provide them with information or risk having your business damaged is astonishing.

Bluenthal agrees.

BBB ratings should be based exclusively on performance, honesty and responsiveness, he said. Rankings should not be affected by membership in the BBB. Any suggestion or appearance of pay-to-play threatens to undermine the accuracy and credibility of the BBBs ratings, potentially misleading consumers and unfairly tainting nonmember businesses.

The CR car insurance survey reader scores for claims-related problems and timely payment are based on the experiences of 28,241 respondents who filed claims that were settled or rejected from January 2006 to June 2009. The score reflects overall satisfaction with claims handling. A score of 100 would mean all readers were completely satisfied; 80, very satisfied, on average; 60, fairly well satisfied.

Availability for some insurers is limited by region or policyholder eligibility rules. All 22 rated companies scored well with an 81 or higher, but some did better than others. Among the highest-rated were NJM Insurance Group (New Jersey Manufacturers Insurance Company), USAA Group, Amica Mutual Group, and Auto-Owners Insurance Group of Companies, with overall satisfaction scores of 92 or higher. Customers for all four companies had relatively few problems with their claims.

Overall consumers indicated that 25 percent of claims took more than two weeks for payment to be received.

Mixed experiences

Cortney of Albuquerque, NM, has been with USAA for 13 years and loves them. "They have never steered me wrong," she writes ConsumerAffairs.com. "They have fought for me, when fighting with other insurance companies and supported me when I needed it." Recently, she says, "My car was hit in a parking lot while my family was in a restaurant eating a delicious dessert this weekend. My claim has been started, I was able to do that online and have already received a call from USAA about where to go from here. Unfortunately, I'll pay the deductible because, well, the driver left no note. But...they can't help that."

Then there's the experience of Michael of Carlsbad, CA. "I have been insured by USAA Insurance for over 40 years with no accidents and no tickets of any kind," he tells ConsumerAffairs.com. "USAA just increased my vehicle insurance premium by 47 percent. Their explanation is that they have decided to recalculate California premiums on the basis of their overall California loss experience -- and not just on the drivers record or other use categories. Their notification came too late for me to find a new carrier, but I certainly will before the next renewal date."

Saving on insurance

Saving on car insurance is not only a matter of finding the lowest premium; there are number of issue to consider. To help consumers find the right policy at the right coverage for the best price, Consumer Reports' October issue has more than 10 tips to help you save money on car insurance. Here are few highlights:

• Do an annual rate check. Check rates from other insurers annually to make sure you're getting the best deal. But if you've been with the same insurer for a long time, it might be tough to beat its rates. That's one reason shopping around didn't pay off for CR's survey respondents: More than 60 percent have been with the same carrier for 10 or more years.

• Report reduced mileage. A major cost component in auto insurance is miles driven per year. The average is about 12,000. But if you've changed jobs and commute fewer miles, the lower mileage might translate into lower premiums. A new job that's only six miles closer than your old one could reduce your annual commuting miles by 3,000 and cut your annual premium by $50. Let your insurer know if you've retired or lost your job; your reduced driving could cut 5 to 10 percent off your premiums.

• Choose your car wisely. Insurance premiums will vary by auto model. When comparing models, ask your car dealer to show you the "Relative Collision Insurance Cost Information Booklet," produced annually by the National Highway Traffic Safety Administration (NHTSA). The Highway Loss Data Institute also posts data on collision, bodily injury and property-damage liability, and other types of losses by vehicle model. Or ask your insurer for premium quotes on the different models under consideration.

• Set the deductible right. A higher deductible reduces your premium because you pay more out of pocket if you have a claim. Hiking your deductible from $200 to $500 can cut your premium on collision by 15 to 30 percent. Go to $1,000 and you could save 40 percent. If you have a good driving record and haven't had an at-fault accident in years -- if ever -- opting for a higher deductible on collision might be a good bet. Just make sure you can afford to pay it if your luck runs out

• Manage teenage-driver risk. Teenage drivers have higher accident rates, so adding a teenager to your policy can hike your costs by 50 to 100 percent. Immaturity and lack of driving experience help make motor-vehicle crashes the leading cause of death for U.S. teenagers. You can protect your child and cut your rates, by making him or her take a driving course before getting a license. Consider having your teenager wait until age 18 or 19 to get a license, instead of the usual 16 in most states or as young as 14 in some. Inform your insurer if the child isn't licensed or is away at college without a car.

A new study by PandaLabs, a software security firm, estimates hackers are creating 57,000 new Web addresses each week. They position and index these phony sites on leading search engines in the hope that unwary users will click them by mistake.

Those who do will see their computers infected or any data they enter on these pages fall into the hands of criminals. To do this, they use an average of 375 company brands and names of private institutions from all over the world, all of them instantly recognizable. eBay, Western Union and Visa top the rankings of the most frequently used keywords; followed by Amazon, Bank of America, Paypal and the Internal Revenue Service.

As it often happens, a consumer will receive an email that appears to come from a recognizable entity. The message entices the recipient to click on a link that will take him to a web page that, for all appearances, is part of the real company's Web site. But any information entered on the page goes straight to the scammer.

These days, most web savvy consumers know better than to click on links in Spam emails. However, if a fake website shows up in a Google search, that can catch even the most savvy computer user off guard.

Impersonating bank sites

According to the study, some 65 percent of these fake websites are positioned as belonging to banks. For the most part, they pose as banks in order to steal users' login credentials.

Online stores and auction sites are also popular, with eBay the most widely used. Other financial institutions (such as investment funds or stockbrokers) and government organizations occupy the following positions. The latter is largely accounted for by the IRS or other tax-related sites.

Payment platforms, led by Paypal, and ISPs are in fifth and sixth place, while gaming sites -- topped by World of Warcraft -- complete the ranking.

Just as in previous years malware or phishing was typically distributed via email, in 2009 and particularly this year, hackers have opted for BHSEO techniques, which involves creating fake websites using the names of famous brands.

This way, when users search for these names, a link to the malicious website will appear among the first results returned. When they visit these sites, one of two things will happen: either malware will be downloaded onto the user's computer -- with or without their knowledge -- or the website spoofs the appearance of a genuine page, a bank say, and users will unwittingly enter their details which will fall into the hands of criminals.

Extra caution

"The problem is that when you visit a website through search engines, it can be difficult for users to know whether it is genuine or not," said Luis Corrons, Technical Director of PandaLabs. "For this reason, and given the proliferation of this technique, it is advisable to go to banking sites or online stores by typing in the address in the browser, rather than using search engines which, although they are making an effort to mitigate the situation by changing indexing algorithms, cannot fully evade the great avalanche of new Web addresses being created by hackers every day."

By Mark Huffman
ConsumerAffairs.Com

September 13, 2010
The price of gasoline -- stable over the last two or three weeks -- rose about two cents a gallon over the weekend, pushed higher by a leak in a major oil pipeline from Canada.

Nationwide, the average price of self-serve regular rose two cents a gallon over the weekend, but rose significantly more in the Midwestern states served by the pipeline. In Illinois, for example, the average price of self-serve regular today is $2.91 cents a gallon, up a nickel from Sunday's price. It's 12 cents a gallon higher than it was a week ago.

Michigan and Indiana have experienced similar rapid increases in gas prices.

Pipeline leak

The problem began late last week when Enbridge Energy Partners LP shut down its pipeline because of a leak in the pipe at Romeoville, Ill. The company reported today that more than 6,000 barrels of crude leaked from the line before it could be shut down. The company says the pipeline can move transport 670,000 barrels of oil from Canada to the U.S. each day.

The line, which serves various refineries, has interrupted the supply of crude oil used to create gasoline and other products. The company declined to say how long it believed the pipeline will remain shut down, but analysts think the spike in gasoline prices it has caused will be temporary.

Even so, commodity traders have seized on the leak as a reason to bid up the price of oil. Light, sweet crude for October delivery rose $.85 to $77.30 a barrel on the New York Mercantile Exchange. Prices are up 3.8 percent since the pipeline was shut down on Thursday.

She says discovering a quarter-inch piece of metal in her cats bag of Petcurean Go! Natural dry trout food renewed her confidence in the Canadian company and its products.

Dont misunderstand. The recent discovery shocked and worried the cat owner.

When I saw the piece of metal it scared me, she told ConsumerAffairs.com. I saw it when I knocked the bag over ... I grabbed the piece of metal as my two cats were eating the food on the floor.

But Leslie says the way Petcurean handled her concerns has made her a loyal customer.

I received an immediate apology. They were concerned and said they were going to attempt to make sure it never happened again.

I didnt get the standard automatic response that many pet food makers give customers, like weve never had a complaint like before, or you did this, or that piece of metal must have been on the floor, she added. They took my concerns seriously and said they wanted to do something right away.

Piece of metal found in Leslie K's cat food. -- Photo supplied by consumer.

What impressed Leslie just as much is the speed in which the company addressed her concerns.

This happened around 1:30 or 2pm on Sunday (August 29), she recalls. I filled out Petcureans e-mail form and told them what happened. They contacted me around 5pm on Sunday and the first part of their response was an apology. They actually responded to me twice on a Sunday. They said they wanted more details and the piece of metal.

Leslie told the company shed already notified the Food and Drug Administration (FDA) and the New Jersey Department of Agriculture about the incident.

I told Petcurean they could have the piece of metal as long as it was okay with the FDA and the Department of Agriculture, she says. The company said that sounded good and told me they understood why I would notify other people.

Asked to compare Petcureans response to the way other pet food makers handle customer complaints, Leslie told us: Its like night and day.

Lets compare this to Mars handling of the recent complaint about a dead toad in a can of Pedigree dog food, she says. Mars was implying that the pet owner did this (put the toad in the food). And that struck me as same standard line that almost everyone gets who has ever had a problem with pet food.

Petcurean, on the other hand, was standing up for its product and doing the right thing.

Its a good lesson for pet food makers nationwide, she says. Im certainly impressed with how Petcurean handled my case. And I wont buy anything made by Mars because I dont do business with companies who deal with customers the way Mars does.

A spokeswoman for Petcurean told us the company took Leslies concerns seriously and immediately launched an investigation.

At this point in time, we have not received any other complaints of this nature and it appears to be an isolated incident, said spokeswoman Michele Dixon. When we receive the piece of metal in question, we will begin a thorough investigation on behalf of our customers and our company.

Petcurean, she said, will test the metal to determine its composition.

If the contamination originated at our facility, we can then determine ways to prevent future issues.

The companys quality control methods include a four-point screening process specifically for possible metal contamination, Dixon said.

This lot of cat food (Go! Natural Grain Free Trout Formula, Best by date Dec 16 10, 91016 2B42258, UPC 15260 00040) successfully passed our four critical control points ... We are now awaiting the metal sample to complete our full investigation.

Back in New Jersey, Leslie told us she sent Petcurean the piece of metal earlier this week.

The Department of Agriculture didnt want the metal and neither did the FDA, she says. I notified them because if there are more (metal pieces) in other bags I didnt want anyones pets to be harmed. Will she feed her cats Petcurean products again?

I already am, Leslie says. I am feeding another one of their dry foods as a treat to my cats. Any company can have an accident. Its how the company deals with it that matters to me. And Im impressed with how Petcurean dealt with me.

By Fred Cicetti

Here are some questions driving experts recommend asking older motorists to determine if they are still road-worthy:

• Do other drivers often honk at me?
• Have I had some accidents?
• Do I get lost, even on roads I know?
• Do cars or pedestrians seem to appear out of nowhere?
• Have passengers in my car told me they are worried about my driving?
• Am I driving less because I am unsure about my driving skills?

Give these questions to your father. Its extremely difficult to give up driving, but he might be persuaded. Ill share a personal anecdote that could help.

When I was a boy, my grandfather refused to listen to my father who was telling him it was time to quit driving. One afternoon, I was riding with my grandfather. He drifted across the white dividing line in the road several times. He hadnt noticed he was driving erratically. I told him I wouldnt ride with him anymore because I was afraid. He gave the car keys to my father the next day.

Giving up your car has major psychological barriers. It represents a loss of youth, vigor, independence. But it also raises fears about the obvious: How will I get around?

If your father asks this question, tell him that the American Automobile Association estimates that the average cost of owning and running a car is about $6,420 a year or $123 a week. You can get around pretty well by taxi, bus and train for $123 a week.

Older adults are the fastest growing segment of the U.S. population. There were 18.9 million older licensed drivers in 2000a 36 percent increase from a decade earlier. By 2020, it is estimated that more than 40 million older Americans will be licensed drivers.

Facts & figures

Here are some interesting statistics. Older drivers:

• Tend to drive when conditions are safest. They limit their driving during bad weather and at night, and they drive fewer miles than younger drivers
• Are the least likely to kill other drivers.
• Are more likely than younger drivers to die from injuries in car accidents.
• Wear safety belts more often than any other age groups except preschool children.
• Are less likely to drink and drive than other drivers.

Many seniors continue to be capable drivers. However, there are changes that affect our skills.

Joints stiffen. Muscles weaken. Eyesight and hearing diminish. Reflexes slow down. Your attention span may shrink. And these are just the normal changes that dont include the affects of disease and the medications we take.

To deal with the effects of aging on our driving, here are some tips:

• Plan to drive on streets you know.
• Take routes that avoid tricky ramps and left turns.
• Add extra time for travel so you dont feel pressed.
• Don't drive when you are tired.
• Avoid listening to the radio or talking with passengers.
• Leave more space than you think you need between you and the car in front of you.
• Use your rear window defogger to keep the window clear at all times.
• Always turn your headlights on when driving.
• If you dont have them, get large mirrors for your car.
• Replace your windshield wiper blades often.
• Take a driving refresher class. Some car insurance companies lower your bill when you pass this type of class.

All Rights Reserved 2010 by Fred Cicetti

Last week, we reported that Avvo.com, a website providing information and ratings of attorneys across the country, was being sued by a lawyer who says the site defamed him.

Larry Joe Davis, a St. Petersberg, Fla., lawyer, alleges in his suit that the site erroneously listed him as an employment/labor law attorney, and gave the wrong address for his business. Davis also claims that his consumer rating jumped by nearly a point as soon as he logged in, and then fell again once he removed information he added to his profile.

This, Davis says, proves that Avvo purposely publishes false and misleading information regarding attorneys in an attempt to coerce them into logging in and editing their profile.

But any good lawyer knows that there are two sides to every story -- and Josh King, Avvo's vice president and general counsel, wants to tell his.

According to King, Davis is an attorney with a spotty record who doesn't understand how Avvo works and doesn't like the fact that we're publicizing the fact that he's been sanctioned.

Davis's claim that merely logging into the site raises an attorney's rating makes sense once one understands how Avvo works, King says.

How it works

The website creates attorney profiles from the ground up, using mostly public records data, King says. Thus, most attorneys -- about 95 percent nationwide -- have an Avvo profile, even if they've never heard of the website.

The typical profile is relatively sparse and contains the most basic attorney information: name, contact information, his license status, and whether he has been disciplined.

If a lawyer wants to add information to his profile, he can claim it by logging in and verifying that the profile is in fact his own. Once his profile has been claimed, the lawyer can add as much information as he wants -- photographs, publications, speeches, and the like. Lawyers can also change outdated or incorrect information.

According to King, attorneys who haven't added or changed information typically receive a rating of no concern or, if the lawyer has been sanctioned or otherwise disciplined, attention.

But once the lawyer adds or updates information on her profile, the website uses an algorithm to create a numerical rating based on the available data. Generally speaking, the more information added, the higher the rating.

Just claiming the profile doesn't increase your rating, King explains. But if you add information in, odds are the rating is going to go up because [the algorithm] has more to work with.

Conversely, King says, if you delete information, then [the rating] probably goes down, since [the algorithm] has less to work with.

Similar to dismissed suit

As for the lawsuit, King says he's seen this movie before. In 2007, shortly after Avvo's launch, lawyers John Browne and Alan Wenokur filed a class action lawsuit alleging that their Avvo ratings were inaccurate and misleading.

In an order dismissing the suit, Judge Robert Lasnik of the U.S. District Court for the Western District of Seattle ruled that the rating system is protected speech under the First Amendment, and that the system is not only defensible, it is virtually impossible to prove wrong.

In a June 2007 blog post addressing Browne and Wenokur's lawsuit, Avvo CEO Mark Britton called it a predictable response from lawyers who have disciplinary actions in their backgrounds that will now be presented for their potential clients to see.

In addressing Larry Joe Davis's suit, Britton similarly writes that the real issue [in the suit is that] that Mr. Davis was sanctioned by the Florida State Bar in 2007 and he doesnt want you to know about it.

As far as Davis's lawsuit, King said that he has reached out to Davis -- who never contacted him personally before filing suit -- and offered to explain in greater detail how the site works. King said he is confident that the suit will be thrown out and that the real remaining question is whether there are going to be sanctions, penalties, or attorney's fees that the company will be able to collect.

Ohio Attorney General Richard Cordray said his office has received dozens of complaints from consumers who have received the solicitations, which in most cases turn out to be a rip-off.

"These companies are collecting fees for a service that consumers do not need," Cordray said. "They are not offering anything that consumers cannot do on their own. While the solicitations may be touting 'guarantees' and 'exclusive offers,' the companies have no more clout with creditors than consumers do."

Most often, the solicitations come in the form of automated calls and claim to be from generically titled agencies such as Card Member Services or Credit Card Services. In the majority of cases, these organizations will charge an upfront fee to negotiate with creditors for lower interest rates and, in the end, consumers are no better off than if they had negotiated on their own.

Cordray offers the following tips to consumers who hope to lower credit card interest rates:

• Call your credit card company directly. Explain that you are a good customer and that you would like a lower interest rate. If you have received better offers with other credit card companies, mention this and explain that you may switch to a competitor if you do not get a better rate with your company.

• Be persistent. If you do not get a lower rate the first time you call, then call again. Ask to speak to a supervisor or someone with the authority to lower your interest rate. If you are a new customer, it may be difficult to obtain a lower rate, but keep trying anyway.

• If possible, keep balances at 30 percent or less of your available credit. Also make all your payments on time. This will put you in a better position to negotiate and it also will help improve your credit score.

• For additional help, contact a nonprofit credit counseling service in your area. There should never be a charge for the service.

September 10, 2010
People who sleep fewer than six hours a night may be three times more likely to develop a condition that leads to diabetes and heart disease, according to new research.

A study by a team of researchers from the University of Warwick and the University at Buffalo finds short sleep duration is associated with an elevated risk of a pre-diabetic state, known as incident-impaired fasting glycaemia (IFG). Details were reported recently in the Annals of Epidemiology journal.

The condition means that your body isn't able to regulate glucose as efficiently as it should. People with IFG have a greater risk of developing type 2 diabetes and are at an increased risk of heart disease and stroke.

The researchers looked at six years of data from 1,455 participants in the Western New York Health Study.

All participants were between the ages of 35 and 79 years of age and all completed a clinical examination that included measures of resting blood pressure, height, and weight. They also completed questionnaires about their general health and well-being and sleeping patterns.

Six-hour threshold

"We found that short sleep -- less than six hours -- was associated with a significant, three-fold increased likelihood of developing IFG, compared to people who got an average of six to eight hours sleep a night," says lead author Saverio Stranges of the Warwick Medical School.

Stranges says there were a number of ways in which sleep loss could lead to disordered glucose metabolism.

"Previous studies have shown that short sleep duration results in a 28 percent increase in mean levels of the appetite stimulating hormone ghrelin so it can affect feeding behaviors," he notes. "Other studies have also shown that a lack of sleep can decrease glucose tolerance and increases the production of cortisol, a hormone produced in response to stress."

More research is needed, Stranges concludes, "but our study does suggest a very strong correlation between lack of sleep and type 2 diabetes and heart disease."

With the summer driving season behind them, motorists should find lower fuel prices in the weeks ahead, but so far prices have remained flat.

The national average price of self-serve regular gas is $2.683 s gallon, according to AAA. That's about the same price as a week ago.

The average price of diesel fuel is also almost the same as it was last week -- $2.954 a gallon.

The latest report on supplies shows a surprising drop in stockpiles of both crude oil and gasoline. However supplies remain above the level of a year ago. The U.S. Energy Information Administration this week reported crude inventories fell by nearly two million barrels in the previous week, twice as much as analysts expected.

Gasoline supplies fell by 200,000 barrels. Demand for gasoline over the four weeks ended September 3 was up 1.1 percent from the same period a year ago.

"The passing of Labor Day marks the traditional end of the summer driving season," said Andrew Delmege, AAA's manager of regulatory Affairs. "But this year has been anything but traditional. Crude supplies have remained at significantly high levels throughout the year and show no immediate signs of a change in status. This year has also been marked by very fragile demand, particularly over the summer."

The states with the most expensive gasoline today are:

Alaska ($3.508)
Hawaii ($3.466)
California ($3.039)
Washington ($3.027)
Idaho ($2.981)
Oregon ($2.959)
Utah ($2.917)
Montana ($2.890)
Nevada ($2.861)
New York ($2.817)

The states with the least expensive gasoline today are:

South Carolina ($2.453)
New Jersey ($2.490)
Missouri ($2.491)
Mississippi ($2.501)
Tennessee ($2.505)
Alabama ($2.512)
Virginia ($2.512)
Texas ($2.515)
Louisiana ($2.542)
Georgia ($2.561)