Current Events in December 2010

When it comes to internet data transmission, speed wins, which is why you can't watch a commercial television program without seeing an ad for a new 4G phone. Sprint was first with its ad showing dominoes falling as it unveiled the new improved faster 4G mobile phone with the only 4G network on the planet.

Well guess what. According to a report on CNN, written by David Goldman, 4G is a myth. It doesn't exist except as a concept that may one day be available in the future.

So then what are these phone companies talking about? There are 4G ads from T-Mobile and Verizon all claiming to be even faster than Sprint's 4G network.

The International Telecommunication Union is responsible for setting global wireless standards and it has determined last month that 4G is defined as a network capable of download speeds of 100 megabits per second (Mbps). For the rest of us that means it's fast enough to download an average high-definition movie in about three minutes.

Well guess what. Sprint, T-Mobile and Verizon don't even come close with their so-called 4G phones. Sprint, which was the first to launch a network it called 4G, could only transmit data somewhere between 3 and 10 Mbps. Then, T-Mobile launched its 4G network with speeds up to 12 Mbps. And Verizon plans to launch its 4G network any day now but it's not going to be any faster than T-Mobile's.

So with speeds barely reaching one tenth the speed of a real 4G, how do they get away with advertising 4G? Where's the Federal Trade Commission on this? Or would it be the FCC?

Maybe that's the problem. No one knows who's supposed to be watching over this stuff. We need a gadget czar to protect us unwitting techno-illiterates from getting taken.

So called industry experts don't know any better either. The best they can come up with is that it's a PR issue. What's that supposed to mean? What it really is, is a scam.

The wireless carriers have basically showed complete disregard for reality and have decided among themselves that 4G will be whatever they want it to be as long as it's faster than 3G which only offers speeds up to 1.5 Mbps.

Basically Sprint and Verizon have new, faster networks that are faster than 3G but technically are not 4G. Meanwhile, T-Mobile has a network that is actually based on 3G technology but refurbished to give it extra speed.

Apple gets the prize for causing the most confusion. It calls its new iPhone the iPhone 4, but it's a 3G phone. What's up with that?

You may think having a "no limit" credit card is prestigious and it some circles it probably is, but it also comes with a certain amount of responsibility and self-control -- like a person watching his or her weight needs to have when they go through an "all you can eat" buffet.

But the main thing you should watch out for if you happen to qualify for one of these cards is the impact it could have on your credit score. Now you may think that because it has no limit it wouldn't matter how much balance you carried because there would be no ceiling to which you be measured against.

Nearly everyone knows that your credit score goes down if you carry a balance that comes close to your limit. What you may not be aware of is that even when you don't have a limit, the good folks at FICO still measure that balance against other factors and a high balance can definitely impact your score.

This all came to light when CardHub.com compared the original "no limit" black card from American Express to similar cards offered under the brand names Visa Signature and World MasterCard. Cardhub learned that each card can affect your credit scores in different ways. They can depress your scores, have little impact, or even raise them. How's that for confusing. Moreover, there appears to be no good way to predict the impact on your credit score.

CardHub CEO Odysseas Papadimitriou recommends you avoid the no spending limit card because you don't know how damaging it can be. He adds that the "no limit" designation is an illusion. He says a more realistic term should be "no disclosed limit."

Things get murky

Fair Isaac Corporation is the company that developed the FICO credit scores. It says two key factors in determining a person's credit score are the "amounts owed” category and credit utilization, or the ratio the amounts owed over the amount your creditors are willing to lend. Add up all your balances and all your limits, and you know your overall ratio. So how do they compute a ratio if there's no spending limit?

The answer to that question is where things get murky. CardHub says "no limit” credit cards from American Express, Chase, and Citibank will not directly affect your credit-utilization ratio under Fair Isaac's latest "FICO 8" model. But four other banks' versions of the cards could. And even they don't do so on a consistent basis.

Papadimitriou claims you need to understanding the Visa Signature and World MasterCard are based on ordinary credit cards, with a limit on revolving credit -- the term for the portion of the balance that you can postpone paying in return for incurring interest.

Basically, he says they took a normal credit card, and they tried to retrofit it into a no-preset-spending-limit model. The result is that issuers openly encourage cardholders to exceed their revolving limits each month. At the end of the month, they just have to pay off enough to keep below their revolving credit limit.

Papadimitriou says the card issuers want you to overspend and while they may not hit you with any fees, but your credit score could suffer. In fact, CardHub says so-called "no limit” cards from Capital One and Wells Fargo have revolving credit limits as an actual credit limit. So does Bank of America for its World MasterCard customers.

With these cards, Papadimitriou says, you can appear maxed out to the FICO credit-scoring folks even when you think you have plenty of room left to spend.

Bank of America substitutes a "high balance" - the cardholder's highest balance over some period - as a credit limit for its Visa Signature customers. Whether or not those customers will look maxed out will depend on their spending patterns and for some reason big swings could actually improve your credit score.

To further confuse the matter, Fair Isaac admits that some lenders are still using older FICO models when they compute credit scores. And consumers may suffer indirect effects as well, if significant portions of their spending or available credit are reported unconventionally.

To shed some light on this shadowy world, the New York Times got Fair Isaac to issue a statement saying if one of these cards is reported as an open account, it will not be factored into the FICO's calculation of credit utilization and, thus, wouldn't affect a credit score. But if an issuer reports the card as actually a revolving account with a credit limit or the highest balance within a certain time period, the utilization ratio on the card could potentially be very high and have a negative impact on a consumer's credit score - especially if the consumer spent more than the limit and or had a high balance on the card.

The FICO statement cautioned, however, against assuming that just because a card with no preset limit is included in utilization calculations, it will automatically have a negative impact on a credit score. The ultimate score, the statement said, depends on a particular person's credit profile. That includes how the utilization ratio of the "no limit” card compares with that of a person's other cards. For example, if you have a low utilization ratio on the no preset limit card, then theFICO score could benefit from the card being included in the calculations. But the reverse scenario applies as well. There are cases where including the no preset limit card in the utilization calculation could increase the overall ratio, and have a negative impact on the credit score. Therefore keeping low balances on these cards is the best way to ensure they will have a positive impact on a FICO score.

CardHub.com recently released a study showing the American Express, Chase and Citibank received "good” ratings, while Bank of America, Capital One, Wells Fargo and USAA received "fair ratings." The full results can be viewed on www.cardhub.com.

A new study by researchers at the Faculty of Kinesiology, University of Calgary, is raising questions about the therapeutic use of Botulinum toxin A, also known as Botox.

Researchers found animals injected therapeutic-level amounts of Clostridium Botulinum type A neurotoxin complex experienced muscle weakness throughout the body -- even in muscles far removed from the injection site, like a whole different limb.

They also found repeated injections caused muscle atrophy and loss of contractile tissue in locations other than the injection site.

The amounts of Botulinum toxin A used in the study approximated therapeutic levels used to treat conditions like cerebral palsy, where muscle contraction can't be controlled resulting in muscle dystonia and spasticity.

The study follows previous research in Dr. Walter Herzog's lab, which found that Botulinum toxin A, easily crosses the muscle membrane barrier, resulting in muscles weakness in the surrounding (non-injected) muscles.

But this is the first time research has found repeated injections of Botox can, over time, lead to muscle weakness, atrophy, and loss of contractile tissue in non-injected muscles far from the injection site.

"We were surprised by the degree of muscle loss and atrophy in the limb that was not injected with the Botulinum toxin," says Rafael Fortuna, the study's lead author.

Fortuna said he thinks it's fair to say this research raises some important questions about long-term therapeutic use of Botulinum toxin A, especially in children and adolescents.

"It may be that the benefits of using Botox for these kinds of therapeutic, medical uses, outweighs these potential long-term consequences," says Herzog, "however I think this study raises some important issues that need to be followed to ensure the best possible outcomes for patients, in the long term."

Botox might be better known for its cosmetic use, where the drug paralyzes small muscles in the face to reduce the appearance of wrinkles and fine lines.

Herzog notes that while this study was looking at larger doses, the results should be valid for any application of the drug.

The study will soon be published in The Journal of Biomechanics.

This economy is forcing more of us to live our lives differently and, in many cases, it's taking us back to a time when our family and neighbors used their land for more than just pretty lawns and landscaping.

When I was a kid in upstate New York I would spend my weekends helping my uncle tend to his garden where he grew corn, tomatoes, zucchini, potatoes, and a host of other fruits and vegetables that wound up on the extended family's dinner table. He also had a chicken coop that supplied several families with eggs for breakfast.

This scenario probably doesn't seem all that unusual until you consider that my uncle wasn't a farmer but worked for the New York state senate. He was however a homesteader in that he used the land around his home to put food on the table.

Today, a growing number of Americans have started to do the same thing, some for economic reasons and others just because they believe it's healthier to eat fresh vegetables uncontaminated by sprays and other chemicals used to make them look nice in grocery story bins.

It's not just for people living in the country or suburbs either. You'll find them in cities growing herbs and vegetables on balconies and rooftops as well as back porches. In New York City, block associations and community groups have turned vacant lots into community gardens.

Steve McNulty is the founder of the Triangle Area Homesteaders group in North Carolina. The group has 400 members in North Carolina's Raleigh-Durham-Chapel Hill area. McNulty told U.S. News that members connect on Meetup.com to swap tips and plan workshops on beer-making, composting, and gardening.

These members range from what he calls "survivalists” to just people looking to save money as well as others who want to reduce their carbon footprint or just live more simply.”

A similar group in Cambridge, Massachusetts has a membership approaching 1,000. It's called the Urban Homesteader's League and offers instruction on such crafts as baking bread, preserving food, making raised-bed gardens, and tapping maple trees.

Sound interesting? Meetup.com provides a list of more than 80 homesteading groups throughout the country. Meetings are usually free and workshops that teach you how to live off the land will cost about ten bucks.

Before you go out and buy stuff to start your garden or chicken coup, you should check on local ordinances. Some might restrict what you can and can't grow or raise. I know there's an apparent trend in the hills of Malibu, California to raise lamas and alpacas but that might not go over so well on the West Side of Manhattan.

In the beginning you may want to start small or be part of a group that grows vegetables to share. Container gardens are considered a good first step for people who live in apartments and have access to outdoor space. Also, if you don't own any land, you could also share someone else's yard.

Creating a garden shouldn't cost much money either. A low maintenance garden where you can grow lettuce, tomatoes, cauliflower, cucumbers and peppers should run about $30. That would buy some terra cotta pots, soil, fertilizer and seeds. It should yield you enough veggies to make salads for a month

You might also want to pick up a copy of The Homesteader's Kitchen by Robin Burnside who has been homesteading in northern California for 17 years. Basically, it's a handbook with recipes for sustaining the homesteader lifestyle.

Going to the movies is central part of mainstream American life, with figures from the Motion Picture Association of America showing that more than 200 million people took in a flick last year.

But a lawsuit filed in Alameda Superior Court in California claims the Cinemark movie chain -- the third largest in the country -- discriminates against the deaf and hard of hearing communities by failing to provide any captioned movies at its theaters in Alameda County.

The suit was brought by The Association of Late-Deafened Adults (ALDA) on behalf of its members with hearing loss, and two individual plaintiffs.The plaintiffs are represented by Disability Rights Advocates (DRA), a non-profit disability rights firm headquartered in Berkeley, California, that specializes in high-impact cases on behalf of people with disabilities.

Movie captioning

The most common form of movie captioning technology is the Rear Window Captioning system.An LED screen is mounted in the back of a theater that displays captioned dialogue onto small reflective plastic panels provided by movie theaters to deaf and hard of hearing patrons.Only people with the reflective screens can see the captions, which they can adjust to superimpose on the screen.

Approximately 85 percent of first-run movies are captioned and compatible with the Rear Window system when they arrive at theaters "in the can."The only cost to movie theaters is the one-time installation of captioning equipment, which costs approximately $10,000.

Hearing loss and age

Approximately 36 million American adults report some degree of hearing loss, according to the National Institute on Deafness and other Communication Disorders.Hearing loss increases with age: 18 percent of adults 45-64 years old, 30 percent of adults 65-74 years old, and 47 percent of adults 75 years old or older have a hearing impairment.

The correlation between aging and hearing loss is well established.The number of adults with hearing loss is expected to increase significantly as the baby boomer generation continues to age.

Unfairness charged

"We just want the opportunity to go to the movies with our friends and family like everybody else," explains Rick Rutherford who lives in El Cerrito."By failing to screen captioned films, movie theaters like Cinemark are denying me an experience I thoroughly enjoyed before the onset of hearing loss."

"The theaters' unwillingness to screen captioned films is short-sighted, particularly as the hearing loss community continues to grow," says Kevin Knestrick, an attorney representing the Plaintiffs. "The technology is readily available and financially, it is a drop in the bucket for theater chains like Cinemark to provide this service for men, women, and children with hearing loss."

Linda Drattell, a plaintiff in the case, says "It's disappointing to read reports of blockbuster holiday weekends with films like 'Harry Potter'' and 'Unstoppable,' and I can't go because Cinemark refuses to provide captioning."

The lawsuit alleges violations of the Americans with Disabilities Act (ADA) and California's anti-discrimination statutes, the Unruh Civil Rights Act and Disabled Persons Act.

Federal Communications Commission Chairman Julius Genachowski says he has drawn up draft rules that would provide the framework for a Net Neutrality policy. The FCC is expected to take up the policy proposal at its meeting December 21.

Genachowski said the draft is based on more than 100,000 comments the agency received from citizens and other interested parties.

"This framework, if adopted later this month, would advance a set of core goals: It would ensure that the Internet remains a powerful platform for innovation and job creation; it would empower consumers and entrepreneurs; it would protect free expression; it would increase certainty in the marketplace, and spur investment both at the edge and in the core of our broadband networks,” Genachowski said today in a speech in Washington.  

In recent months Net neutrality has evolved into a partisan issue. Democrats generally favor it while Republicans generally oppose it, calling it bad for business. But in his remarks today, Genachowski says Net neutrality started out as a bi-partisan issue.

Republican roots

"The proposed rules of the road are rooted in ideas first articulated by Republican Chairmen Michael Powell and Kevin Martin, and endorsed in a unanimous FCC policy statement in 2005," Genachowski said. "Similar proposals have been supported in Congress on a bipartisan basis.  And they are consistent with President Obama's commitment to 'keep the Internet as it should be -- open and free.'"

In short, Net neutrality would require major network operators - Verizon, AT&T and Comcast, to treat all content the same. It couldn't charge more for video content distribution, for example, even though video content uses more bandwidth.

It would also not favor one provider's content over another. As the name implies, Internet Service Providers would have to remain neutral.

Major network providers have been staunchly opposed to most Net neutrality provisions. Broadband providers want to include language in any policy that would not encumber them when it comes to managing their networks or charging different prices for different levels of service. Wireless network providers are insisting that they be exempt from any Net neutrality rules.

Goodbye to unlimited bandwidth?

Under Genachowski's proposal, broadband providers would be able to impose usage-based charges on consumers, so that consumers - not the content provider - would bear the cost of extra bandwidth usage. For example, Verizon Wireless now offers a mobile broadband service that gives consumers about five gigabytes of bandwidth per billing cycle for a set price. Consumers who exceed that limit pay extra.

Genachowski said his proposal, which would establish open Internet rules for the first time, has three main points:

• First, consumers and innovators have a right to know basic information about broadband service, like how networks are being managed.  The proposed framework therefore starts with a meaningful transparency obligation, so that consumers and innovators have the information they need to make smart choices about subscribing to or using a broadband network, or how to develop the next killer app.  Sunshine can help solve problems early, reducing the number of issues that even come to the FCC. 

• Second, consumers and innovators have a right to send and receive lawful Internet traffic -- to go where they want and say what they want online, and to use the devices of their choice.  Thus, the proposed framework would prohibit the blocking of lawful content, apps, services, and the connection of non-harmful devices to the network.

• Third, consumers and innovators have a right to a level playing field.  No central authority, public or private, should have the power to pick which ideas or companies win or lose on the Internet; that's the role of the market and the marketplace of ideas.  And so the proposed framework includes a bar on unreasonable discrimination in transmitting lawful network traffic. 

"The animating force behind all of these efforts is a shared appreciation for the Internet's wondrous contributions to our economy and our way of life," Genachowski said.

The FCC Chairman tried to quash speculation that the FCC action is designed as an end-run around Congress, which has yet to act on a Net neutrality proposal, even with Democrats in control. Republican control of the House in the next Congress makes Congressional support for a Net neutrality policy even more unlikely.

"As always, I welcome the opportunity for the Commission to serve as a resource to Congress," Genachowski said. 

While the government has recently been cracking down on toxic chemicals in our everyday items, they're only focusing on products that are new off the assembly line.

Researchers purchased a collection of used items from second-hand stores, junk shops and antiques stores in Virginia, New York and Oregon and found many of them contained surface lead concentrations more than 700 times higher than the federal limit.

The items included salvaged construction pieces, antique toys, common dishware, jewelry and other collectibles.

The researchers tested the items for lead while in the stores, using a qualitative swab test. Those that tested positive were purchased. They were able to find items that tested positive in every store they visited.

Using X-ray fluorescence at the Geoarcheological Laboratory at UC Berkeley, the items were quantitatively tested for lead content. Nineteen of the 28 items violated the federal standard for lead, which is 600 parts per million.

Among the items that contained high levels of lead were a salt shaker lid, small red toy teapot, a Garfield cup, a red casserole dish, a potato ricer, an ice cream scoop, a Japanese wine cup, a Pewter bowl, and a turtle necklace.

The amount of lead ranged from twice the federal limit in the ice cream scoop to 714 times the limit in the salt shaker lid.

Two of the items tested were salvaged construction items, which are widely promoted in popular TV shows for home decorating or remodeling. Both pieces of salvage had peeling and chalky paint that rubbed off on the hands of one of the researchers.

One of the salvaged pieces, a white window frame, had 4,747 parts per million of lead, and a blue window shutter had 23,161 parts per million of lead.

Study co-author, Anna Harding, a professor of public health at Oregon State University, said a used white painted entry door that was on sale for $895 tested positive for lead.

She said the trend of home decorating with salvage means that many middle and upper-middle class consumers are buying items in second-hand stores for the salvage value, or for an antique look. However, some of these products could be dangerous.

"Many health care providers assume the only children at risk for lead poisoning are those who live in poor neighborhoods, where lead exposure has historically been more of an issue," Harding said. "Many providers may not think to suggest blood lead screenings for patients in middle- or upper-class families. The public health threat to all people, regardless of income level, is very real."

"The sale of used items in the United States is not regulated by any federal agency and as a result, it is possible that Americans are bringing the lead poisoning hazards of past generations back into their homes," said lead study author, Laurel Sharmer of the State University of New York. "It is very important for consumers to understand that you can't tell if a product contains lead by looking at it."

The researchers acknowledged that it may be impossible, and likely very expensive to regulate the sale of used goods at flea markets, thrift stores, rummage sales and over the Internet.

Instead, they recommend a national public health education campaign aimed at making consumers aware that lead can be present in almost any kind of used consumer product and it is virtually impossible to tell whether or not it does by looking at it. Such items must be tested to be sure they are safe.

Also, children should never be allowed to come into contact with antiques or used products sold by a seller who is not regulated by a government agency such as the Consumer Product Safety Administration or the FDA, the researchers said.

Used dishware and kitchen utensils should not be used for preparing, serving or storing food. Construction debris and salvage should be considered to have lead until proven safe.

Steven Shackley of the University of California, Berkeley co-authored the study with Sharmer and Harding.

The results of the study are published in the December issue of The Journal of Environmental Health.

The story in the New York Times last week got a lot of people's attention, including the people at Google.

As a result, Google says it has changed the way it ranks search results so that scam artists can't take advantage of their notoriety to ensnare more victims.

The Times reported last week that an online eyeglass merchant abused customers who complained, then taunted them when they posted complaints on sites like ConsumerAffairs.com. He said that the more people wrote about him - even negative comments - the higher he showed up in Google search rankings.

Google this week said it has revised its search algorithm so that, from now on, its system can identify merchants with a bad reputation, and adjust their search rankings accordingly.

"Even though our initial analysis pointed to this being an edge case and not a widespread problem in our search results, we immediately convened a team that looked carefully at the issue," Amit Singhal, a Google fellow, wrote in a blog posting. "That team developed an initial algorithmic solution, implemented it, and the solution is already live. I am here to tell you that being bad is, and hopefully will always be, bad for business in Google's search results."

Tight lipped

Singhal offered no details about the change, saying to do so would give unscrupulous operators assistance in finding a way to circumvent the new consumer safeguard. And, he said, there's no guarantee people won't find a loophole for this ranking algorithm in the future.

According to the Times, the change appears to be working. Previously, the eyeglass merchant showed up on the first page of a search for "Christian Audigier" and "eyeglasses." Last night, the Times reports, the merchant was not included in the first 20 pages.

According to the original Times report, a New York consumer reported the merchant, who goes by a number of pseudonyms, became abusive to her and made threats when she tried to return a pair of eyeglasses she had purchased online. The threats included litigation, as well as implied threats of physical harm.

Authorities act

According to the newspaper, the merchant has been arrested and faces arraignment later this month.

Singhal says Google could have undertaken a number of different approaches to deal with the issue, including just blocking this particular offender.

But a new study looking at mortality from any cause found that healthy, non-smoking adults with a BMI between 20.0 and 24.9 -- the "healthy" range -- have the lowest risk of death.

Researchers were also able to provide precise estimates of the increased risk of death among people who are overweight and obese.

This is a first, considering previous studies examining the risks from being overweight were inconclusive, with some reporting only modestly increased risks of death and others showing a reduced risk. Also, the precise risks for different levels of obesity were uncertain.

Current guidelines from the U.S. Centers for Disease Control and Prevention, and the World Health Organization define a normal BMI range as 18.5 to 24.9.

Overweight is defined as a BMI of 25.0 to 29.9; obesity is defined as a BMI over 30.0; and severe obesity is defined as BMI 35 or higher.

Obesity has emerged as a leading public health concern in the United States. It has been well-established that people who are obese face increased risks of death from heart disease, stroke, and certain cancers.

Currently, two-thirds of U.S. adults are overweight or obese. Seventeen percent of women and 11 percent of men are severely obese.

In this large analysis, investigators pooled data from 19 long-term studies designed to follow participants over time, from 5 to 28 years, depending on the study.

They found that healthy women who had never smoked and who were overweight were 13 percent more likely to die during the study follow-up period than those with a BMI between 22.5 and 24.9.

Women categorized as obese or severely obese had a dramatically higher risk of death. As compared with a BMI of 22.5 to 24.9, the researchers report a 44 percent increase in risk of death for participants with a BMI of 30.0 to 34.9; an 88 percent increase in risk for those with a BMI of 35.0 to 39.9; and a 2.5 times (250 percent) higher risk of death for participants whose BMI was 40.0 to 49.9.

Results were broadly similar for men. Overall for men and women combined, for every five unit increase in BMI, the researchers observed a 31 percent increase in risk of death.

"By combining data on nearly 1.5 million participants from 19 studies we were able to evaluate a wide range of BMI levels and other characteristics that may influence the relationship between excess weight and risk of death," said NCI's Amy Berrington de Gonzalez, D.Phil., lead author of the study.

"Smoking and pre-existing illness or disease are strongly associated with the risk of death and with obesity. A paramount aspect of the study was our ability to minimize the impact of these factors by excluding those participants from the analysis."

The investigators observed similar patterns of risk even after accounting for differences in alcohol consumption, physical activity, and education level.

The increased risk of death for a BMI of 25 or greater was also seen in all age groups, although it was more prominent for those who were overweight or obese before age 50.

The investigators gathered information about BMI and other characteristics from questionnaires participants completed at the beginning of each study.

Causes of death were obtained from death certificates or medical records.

This analysis was restricted to non-Hispanic whites aged 19 to 84. The investigators noted the relationship between BMI and mortality may differ across racial and ethnic groups. Other efforts are underway to study the effect of BMI on mortality in other racial and ethnic groups.

The research team included investigators from the National Cancer Institute (NCI), part of the National Institutes of Health, and collaborators from a dozen other major research institutions worldwide.

The results appear in the Dec. 2, 2010, issue of the New England Journal of Medicine.

There's no doubt about it: gift cards have taken the nation by storm.

The National Retail Federation says 77 percent of holiday shoppers plan on giving at least one gift card this year. In fact, the plastic presents are the most requested holiday gift for the fourth straight year -- with the average consumer spending $145.60 on gift card purchases.

New this shopping season, most prepaid gift cards now come with more safeguards for consumers, the result of the federal Credit CARD Act. However, it's important that consumers be aware of, and understand, these new gift card protections.

"The new rules took effect in August of this year," said Janet Jenkins, administrator of the Wisconsin Division of Trade and Consumer Protection. "So, there is still plenty of consumer education to be done, especially this time of year when gift cards are such hot items."

Expiration dates

In 1995, when the modern plastic gift cards were first introduced, expiration dates varied. Now, 15 years later, there is a national expiration standard. Expiration dates must be at least five years from the date of purchase, or at least five years from the last date additional money was added to the card.

For example, a gift card purchased on December 1, 2010, is valid through December 1, 2015. If additional money is added to that card on January 1, 2011, the expiration date is extended to January 1, 2016.

User fees

The new law also limits fees for a particular store, restaurant or other place of business. Dormancy, inactivity, and service fees are now allowed only if the recipient has failed to use the card for more than one year. After that, fees are limited to one per month, but there is no limit on the amount of the fee. By January 31, 2011, information about fees must be visible on the card and properly displayed prior to any purchase.

Bank gift cards

Bank-issued prepaid cards, like Visa, MasterCard, and American Express gift cards, must follow the same rules regarding inactivity fees as do gift cards in particular stores, restaurants, and other businesses -- no inactivity or service fees until one year after the recipient has not used the cards.

However, the banks can still charge one-time fees, such as an initial activation fee, cash-out fee, supplemental card fee, and/or a replacement fee.

"We want to stress that these new rules only apply to gift cards sold on or after August 22, 2010," Jenkins added. "A gift card purchased prior to that date is still subject to the terms and conditions of that particular card."

The giving process

When giving a gift card, make sure to include the store or bank-issued activation receipt. This receipt will become very useful should there be a problem with the gift card. Make sure the recipient holds on to the receipt until all of the money on the card has been used.

"If you have a problem with a gift card, the first step is to contact the store or financial institution that issued the card," Jenkins added.

Christina of Warren, MA, did what Jenkins advised and got no satisfaction. "I purchased a $50 AMEX gift card at Wal-Mart and soon after brought it to CVS to make a purchase. The cashier said the card was declined," she writes ConsumerAffairs.com. "She tried scanning the card and manually punching the numbers in to no avail." When the cashier called the company and gave them the card number, she was told the card wasn't activated.

Christina says she went back to Wal-Mart with the gift card, receipt, and packaging and was told she'd have to contact AMEX. "I checked the balance and activation status online, and it says 'ACTIVE' with a balance of $50," Christina sells us. "I called AMEX to inquire about this and clearly all of their calls are outsourced to other countries and I received poor customer service. What is going on and where is my money?"

Gift cards online

Unwanted or unused gift cards will sometimes show up in online classifieds, like Craigslist. Most sellers and buyers are legitimate, but some may be scammers. If consumers buy a gift card in this fashion, they should go to the store where the card is redeemable with the gift card seller. This way both parties can verify the validity and amount of money on the card. It would be very easy for a scammer to ask for an upfront payment and then send you a worthless piece of plastic.

If consumers are selling a gift card, the seller should never send the buyer the gift card number and PIN to verify the balance. Once a buyer has the gift card number and PIN, he can spend money online without ever paying for it.

If you are doing the selling, accept cash only -- a check or money order could be fraudulent. And, never give out personally identifiable information such as your Social Security number, bank account information and credit card numbers.

Bottom line, if an online offer sounds too good to be true - it probably is.

A faulty coolant pump that causes an overheating problem has triggered a recall of about 650,000 Toyota Prius models, most of them sold in the U.S.

The repairs cover the 2004 to 2007 model years. The flaw can cause the car to overheat and, ultimately lose power. Toyota said there are no safety issues involved in the action. It says it has received o reports of any accidents for injuries from the problem.

As part of the repair, Toyota will replace the coolant pumps in affected vehicles. The pump design allows air bubbles to enter the system, with the result that the flow of coolant is slowed. With less coolant getting to vital engine parts, the systems begin to overheat.

The first indication that something is amiss is a dashboard warning light. Left unattended, Toyota said the engine will begin to reduce power to protect itself.

Owners of affected models should expect to begin hearing from Toyota throughout December. They will be instructed where to take their cars for the needed repairs.

Toyota said it would cover the cost of the repairs, with includes the new pump and more than $100 in labor.

Can your iPhone help you take off a few extra pounds? The National Institutes of Health's National Heart, Lung, and Blood Institute (NHLBI) seems to think so

To give young adults a stake in protecting their future heart health, the agency is funding seven clinical trials that combine behavioral weight management programs with technologies such as text messaging, online social networking, and Bluetooth-enabled scales. Several of the trials have begun seeking participants.

"These studies have the potential to teach us about successfully engaging young adults in achieving a healthy weight at a critical time in their lives," said Susan B. Shurin, M.D., acting director of the NHLBI. "Learning effective strategies for weight management further empowers young adults to protect their future heart health. These studies are designed to provide evidence to help us guide young adults toward approaches that work and allow them to choose the options that work best for them."

Prevention and cure

The Early Adult Reduction of Weight through Lifestyle Intervention (EARLY) Trials seek to prevent weight gain and promote weight loss among young adults, defined as ages 18-35, through healthy eating and physical activity. The trials are receiving a total of $36 million over five years and are partially supported by the Eunice Kennedy Shriver National Institute of Child Health and Human Development.

"We expect the use of technology will help us reach young adults at risk of weight gain and inspire them to stay at a healthy weight," said trials steering committee chairman Leslie Lytle, Ph.D., who is leading a trial that features Web-based social networking among community college students.

Previous NHLBI research has shown that people aged 18-49 gain an average of 1-2 pounds each year, with the largest weight gain of three pounds per year occurring in 20-29-year-olds. Such weight gain can lead to high blood pressure, high blood cholesterol, diabetes, and other risk factors for cardiovascular disease. Few studies have examined how to effectively engage this high-risk age group in achieving and maintaining a healthy weight. 

The trials

The following individual trials will help reach young adults aged 18-35:

• Treating Adults at Risk for Weight Gain with Interactive Technology (TARGIT) at the University of Tennessee, Memphis, will use the iPod Touch, webinars, and podcasts to deliver a behavioral weight loss intervention to young adults who are trying to quit smoking. Delivered in conjunction with an effective tobacco quit line, TARGIT will be the first combined tobacco cessation-weight management program targeted to young adults. There will be 330 participants. ClinicalTrials.gov ID: NCT01199185. Participant contact: (901) 448-8400 or www.targitstudy.org
• Innovative Approaches for Diet, Exercise, and Activity (IDEA) at the University of Pittsburgh will test how a weight loss intervention enhanced with text message reminders and wearable exercise monitors improves weight loss as compared with a standard intervention. There will be 480 young adult participants. ClinicalTrials.gov ID: NCT01131871. Participant contact: (412) 488-4184 or www.idea.pitt.edu
• eMoms Roc: Electronically Mediated Weight Interventions for Pregnant and Postpartum Women at Cornell University/University of Rochester, N.Y., will test Internet-based programs to promote the health of pregnant and postpartum women. These e-interventions will focus on diet, physical activity, weight, and other issues of interest to childbearing women. The 3,500 participants will be ethnically and socio-economically diverse women in their first 20 weeks of pregnancy. eMoms Roc is co-funded by the Eunice Kennedy Shriver National Institute of Child Health and Human Development. Participant contact: www.emomsroc.org
• Choosing Healthy Options in College Environments and Settings (CHOICES) at the University of Minnesota, Minneapolis, will test a for-credit course that includes Web-based social networking to prevent unhealthy weight gain in 440 student participants attending two-year community colleges. ClinicalTrials.gov ID: NCT01134783. Participant contact: (612) 624-2374 or Megan Treziok (trezi003@umn.edu)
• Cell Phone Intervention for You (CITY) at Duke University, Durham, N.C., will test two weight loss approaches against a control in a total of 360 participants. In one approach, participants will use cell phones for self-monitoring and social networking. In the other, they use cell phones for self-monitoring only and also receive personal coaching. ClinicalTrials.gov ID: NCT01092364. Participant contact: (919) 681-CITY (2489) or www.dukecitystudy.org
• Social/Mobile Approaches to Reducing Weight (SMART) at the University of California, San Diego, will test a behavioral intervention that uses mobile phones, Facebook, and the Web. The goal is to help 380 overweight or obese university student participants lose weight. ClinicalTrials.gov ID: NCT01200459. Participant contact: smartinfo@ucsd.edu
• Study of Novel Approaches for Prevention (SNAP) at Brown University/Miriam Hospital will test a Web-based weight management intervention against a control in 600 young adult participants. The goal is to help participants self-regulate their weight by either making large changes in their eating and exercise habits to lose weight, or making small changes to prevent or reverse weight gain. ClinicalTrials.gov ID: NCT01183689. Participant contact: www.snapstudy.org.

2011 start

The trial teams have completed initial research on the best ways to recruit young adults and keep them active in the proposed trials. Some have now begun to recruit participants for the two-year, randomized, controlled clinical trials. All seven trials are expected to start enrollment by spring 2011.

Although each trial is slightly different and will be conducted at a single institution, the teams are using a set of common measures and questionnaires so they can better compare their findings when the trials are complete.

"Comparing findings and pooling data from all seven studies will maximize what the research community learns about developing strategies to address weight control among young adults," said Catherine Loria, Ph.D., a nutritional epidemiologist in the NHLBI's Division of Cardiovascular Sciences.

People interested in participating in one of the trials are encouraged to contact each site directly. More information can be found here. 

To schedule an interview with an NHLBI representative, contact the NHLBI Communications Office at 301-496-4236 or nhlbi_news@nhlbi.nih.gov.

It's class action season at the United States Supreme Court.

As reported in November, the court has the chance to kill -- or at least severely limit--  the device in AT&T Mobility Services v. Concepcion, a potentially seismic case that has been flying under the radar.

Now, legal experts are holding their breath to see whether the court will take a much higher-profile case: the long-running class action alleging that Wal-Mart systematically discriminated against female employees.

The case -- which is the largest job discrimination suit in U.S. history, and one of the biggest class actions -- was certified as a class action in August by the Ninth Circuit Court of Appeals. Soon after, Wal-Mart asked the Supreme Court to review the decision. Class certification is a critical stage in class action lawsuits, and greatly increases the chances of a settlement.

The legal community has been waiting to see whether the Supreme Court will take the case. If it does, the decision is likely to be seen as a boon for Wal-Mart -- and the corporate community at large.

"If the Supreme Court takes this case, it will signal this business-friendly court is hostile to class actions against corporate defendants,” Stanford Law professor Deborah Hensle told The Los Angeles Times.

Corporate world sits and waits

Throughout the case, Wal-Mart has argued that the sheer number of plaintiffs -- potentially over one million current and former employees -- renders the case "unmanageable.”

The suit covers 1.5 million female employees who worked for Wal-Mart and Sam's Club between 1998 and the present. The plaintiffs allege that they were paid less than their male colleagues, and received fewer chances for advancement. If the case settles, or the plaintiffs win, the award could easily reach into the billions.

The suit has drawn the attention of the business community, with the U.S. Chamber of Commerce and several other corporations filing friend-of-the-court briefs on Wal-Mart's behalf. A Chamber spokeswoman called the case "the most important class action case facing the Court in over a decade.”

If the court does take the case, oral arguments will likely take place sometime in the spring, and the court will issue a decision next summer.

The case, along with the AT&T suit, has class action lawyers on edge. The AT&T suit involves a user agreement mandating consumers to resolve disputes through binding arbitration, rather than litigation in the courts. The same provision forbids consumers from brining class actions.

If the court rules for AT&T, as many expect it to, class-action waivers could be enforced all over the country, thereby eradicating most of the cases that are still ripe for class treatment.

The high-stakes cases are not entirely surprising, given the current makeup of the court. Justice Antonin Scalia, one of the court's conservative justices, made clear his distaste for class actions in a recent tobacco ruling.

"The extent to which class treatment may constitutionally reduce the normative requirements of due process is an important question,” Scalia wrote. He added that the issue shows "national concern of the abuse of the class action device.”

With mortgages harder to get and financial uncertainty clouding the horizon the dream of home ownership is being replaced for some Americans with the desire to find a decent place to rent. After all, isn't renting supposed to be less of a hassle, not to mention cheaper than getting a mortgage to buy a home? Even if you do get the mortgage, who really owns the home, you or the bank holding the mortgage?

As a renter you have certain rights, which your landlord is required to share. There are however a number of other aspects of renting that should know that may not be included in a renters bill of rights or that your landlord necessarily wants you to know.

Fortunately, Smart Money magazine has compiled a list of things all renters should know before signing a lease. Here they are:

1.Find out if the building is in foreclosure or about to be sold. According to the National Low Income Housing Coalition, renters accounted for 40% of all families facing eviction from foreclosure in 2009. Landlords aren't always forthcoming about giving adequate notice about pending foreclosures. So last year Congress passed the Protecting Tenants at Foreclosure Act. It gives renters at least 90 days from the foreclosure sale to move out. Before the act was passed, you had to vacate in 30 days. The new law also lets tenants who signed a lease before the sale and pay a market value rent stay through the end of their lease provided the new owner doesn't want to live there.

2.You have the right to complain about such things as ceiling leaks and lack of hot water. Most states require landlords to keep the property in good repair, with home systems and appliances in working order, but they tend not to tell you that and gripe when you complain. Don't let that stop you or worry about reprisals. It's their job to make repairs on the buildings they own.

3.Did you know there's more to negotiate than the rent? In fact, the probability you'll get a break on rent is a lot lower this year than last. With rents going up, landlords have less incentive to lower prices. According to Rent.com, 31% of landlords lowered rent in 2010, versus 69% in 2009. That doesn't mean landlords aren't willing to negotiate on other areas such as security deposits or offer an upgrade to a better unit with nicer views, quieter neighbors, and a newer kitchen.

4.Speaking of quiet neighbors. If you have them, count your blessings. In the case of neighbors throwing late night parties or playing loud music, there isn't much your landlord can do. The best you can do is ask the other tenant to turn down the music. If that doesn't work you can report excessive noise problems to the police as well as your landlord so the situation is documented. If violations persist, the landlord may be able to initiate eviction proceedings.

5.What about those tenant rights? They vary from state to state with some states being tougher on landlords while others let them get away with just about anything. For example, Arkansas doesn't even require landlords to provide fit and habitable housing. In states that are friendly to renters such as California, New York, Illinois and New Jersey, renters can withhold rent if they have no hot water until it's fixed. They can also deduct the cost of fixing a problem if the renter pays to have it fixed. Landlords aren't necessarily any better informed about what they can and cannot do, so it's up to the tenant to figure it out. The U.S. Department of Housing and Urban Development maintains a database of tenants' rights by state, including groups that offer assistance with disputes.

6.Landlords aren't the only people renters may have problems with. Property managers have been the source of 5,297 complaints last year according to the Better Business Bureau. Inexperienced or incompetent property managers may not have a good system in place to handle repairs -- especially emergencies - or neglect to keep your security deposit in a safe place. So do your own due diligence. Check on the property management company responsible for keeping up the property. They Better Business Bureau will have a record if any complaints have been filed. Although the landlord is ultimately responsible for providing habitable housing, they hire management companies precisely so they don't have to deal with the day-to-day maintenance, repairs and tenant request.

7.What should you do if you find yourself with what's known as an "accidental landlord.” This is someone who never really wanted to be a landlord, but came into possession of a property he or she couldn't sell. At first glance, this might seem like a good thing. Inexperienced landlords are more likely to not ask for enough rent. However, that could also mean a substantial rent increase upon renewal, or worse, living in a poorly-maintained home at greater risk of foreclosure. Again, it's up to you to ask questions about the landlord and the property's history. These questions include how long has the property been a rental? Why is the landlord renting it out? If the answers involve anything that reflects on the recession or the landlord's need to increase his cash flow, be cautious. Look for foreclosure and sale notifications on sites such as RealtyTrac, StreetEasy and Zillow.com.

8.If you smoke, you may find it hard to rent. The Fair Housing Act prohibits landlords from discriminating against a number of groups but they can still decline to rent to someone who smokes. Smokers still account for 20% of U.S. adults in most cities, according to the Centers for Disease Control and Prevention. Yet a search of New York City apartment listings on Craigslist turned up just six that allowed smoking while 700 prohibit it. Once a rental property is occupied by a smoker, it's tough to rent to non-smokers without a thorough, expensive cleaning that includes repainting the walls and professionally cleaning the carpets. Laws in several states require landlords to disclose smoking policies upfront, so if it's important for you to be able to light up indoors check the details before signing a lease. Policy violators could find themselves facing loss of their security deposit or eviction if their smoke gets into a non-smoker's domain. And if a chain-smoking neighbor is in violation, your landlord will be glad to take your complaints. It's one thing that will allow him to evict a tenant and then he can jack up the rent again.

9.Promises aren't worth much of anything unless they are part of a written contract. If a landlord promises to replace an old or broken appliance get it in writing. Don't just take their word for it. You can assume that the condition of the apartment you're viewing is about what it will be when you move in. So either get in writing that the landlord will make any repairs or keep looking.

10.Building or community homeowners' associations are not your friend. During the downturn, many associations have taken steps to limit owners' ability to rent out property, or require extensive screening before a lease can be signed. And owners who try to avoid or ignore the rule-changes end up making it difficult on tenants who suddenly find themselves faced with lengthy rental applications or fines for a litany of association rules they never knew they had to uphold. The extra layer of administration can also make it tough for tenants to get damage repaired, because they're dealing with the building and not just the landlord. So make sure you check the association rules before signing a lease.

And by "high cost," we're talking paying $99.95 just to obtain the card and use it for a year.

CNNMoney.com reported Monday that the fees wouldn't stop there. After the initial 12-month period, the "Kard" would charge consumers $7.95 a month to simply use the card, plus $1 every time they added money to it, a $2 transaction fee for every bill they pay with it, and $1.50 for the privilege to speak with a live operator if there's a problem with it. (For example, "This card is eating all my money.")

It's no wonder Connecticut Attorney General Richard Blumenthal issued a warning to parents on November 26 about the perils of the "Kardashian Kard" and other credit cards marketed to young adults.

In a letter to University National Bank, which issues the Kardashian Kard in an agreement with MasterCard, Blumenthal demanded specific details about the card terms, fees and how it's promoted and sold in Connecticut.

Blumenthal called the Kardashian Kard, and others like it, "feckless financial tools designed to promptly diminish in value with virtually every transaction -- and even when consumers don't use the card at all."

Best known for their reality show on E!, "Keeping Up with the Kardashians," sisters Kourtney, Kim, and Klohe live in a Los Angeles mansion and shop daily for designer clothes -- a fantasy for many teenage girls. Which might be why officials are so concerned about the fee-addled prepaid debit card endorsed by the reality stars.

"This card -- or kard -- appears to specifically target young adults in evoking the name and image of the Kardashian family who showcase lives of luxury and extravagance," said Blumenthal.  "The [Kardashian] family is marketing a dangerous financial fantasy.”

While teens and young adults are particularly vulnerable to getting taken advantage of by high-fee prepaid debit cards, all consumers are potential victims. Especially those ineligible for regular credit cards.

Gail Hillebrand, Director of Consumers Union's Defend Your Dollars campaign, applauded the Kardashians for bowing out of the prepaid debit card business, but warned, "other prepaid card rip-offs are rampant in the marketplace and consumers remain vulnerable to high fees and weak protections."

As consumer frustration with big banks (Chase, Bank of America) grows, so does the number of prepaid debit card options offered by smaller banks. But many consumers may not be aware of all the hidden fees associated with these cards and find themselves getting taken advantage of.

"The newly authorized Consumer Financial Protection Bureau should make reining in abusive prepaid card practices a top priority," said Pam Banks, policy counsel for Consumers Union.