Current Events in January 2011

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    Tired of Paying for All Those TV Channels You Never Watch?

    There could be another way -- or, for that matter, several other ways

    Television history was made this week on two opposing sides of the television viewing spectrum. First, Comcast, the nation’s largest cable company won government approval to buy NBC Universal from GE, making it the first cable company to purchase a major television network. Second, with slightly less fanfare, comes word of another first. A full-blown 24/7 cable channel is now available directly to consumers without having to be part of a larger package.

    What this means, according to All Things Digital writer Jim Louderback, is that cable and satellite television no longer have a duopoly on how we can watch television. The channel used in this milestone is WealthTV, while not one of the more popular channels, it is nonetheless seen as major break-through that has the potential to change of the current television business model.

    As Louderback describes it, for $3 a month, you can watch WealthTV via a Roku set-top box and get exactly what any other cable or satellite customer receives in their multi-channel packages that they pay ten to 20 to 30 times more for. Granted, Louderback admits that not that many people are going to run out and sign up for WealthTV, especially at $3 a month. The point he’s trying to make is that it doesn’t matter if the channel is any good or not, the takeaway here is that you can and he believes all of us soon will watch television this way.

    He may have a point here. I don’t know about you, but out of the 1,000 plus channels I pay over $100 for each month in a gold package that includes premium channels, I watch maybe 10. That’s 10 channels for $100. If I could pay $30 a month for those ten, I’d be a happy camper.

    Louderback predicts that once this catches on, other, more popular networks, will transition to the direct to customer model and bypass those middlemen that take a disproportionate part of every TV dollar. One stumbling block here is that we may have to buy one of those Roku boxes. That or televisions and Blu-ray players that have an internet connection will give us the same capability.

    Right now Louderback claims you need a Roku box but then admits his company, Revision3, is the No. 1 video channel on Roku. So this could also work on other devices as well similar to the Roku box that supports both 24/7 streamed channels and the payment and authorization mechanism to allow other paid services into the system.

    Garden wall

    Louderback calls this “the first crack in the walled garden” and says it's not going to be the last. He points out that for the last five years the internet video industry has focused on the on-demand world. But why not create linear, continuous channels? Netflix, Hulu, and Crackle are already doing this, to name a few. Louderback says he expects to see the more marginal cable channels move to this model first, and when it attracts a large enough audience, the popular channels will follow.

    He and I both would like to see a Chinese menu-style package on Roku, Boxee or some of the other device that charges you $20 or $30 a month and lets you build your own lineup of channels and shows. Afterall, isn’t that really what we want. The idea of having access to 1,000 channels is not as satisfying as the reality. We tried that, it cost us a bundle, and now let’s get back to the low cost, easy to choose, method of watching the channels we love. If something new comes along, you can always add it.

    It’s interesting that when the federal regulators approved Comcast's $30 billion acquisition of NBC Universal, they also imposed a number of conditions on everything from competition with rivals to the price of Internet service for poor families out of concern that the firm's vast sweep could harm consumers. This marks the first time the government has gotten involved with online video, and imposing conditions to ensure that Comcast provide some Internet versions of NBC shows and movies to Web services such as YouTube, Hulu and Apple TV is a huge step.

    Christine Varney, head of antitrust at the Justice Department, said the settlement “will not chill the nascent competition posed by online competitors - competitors that have the potential to reshape the marketplace by offering innovative online services.”

    Amen.

    Just as the nation’s largest cable company becomes the first to own a major television network a new model could change the way we watch television forev...

    Two 'Trolls' Charged With Stealing iPad Users' Data

    Hackers broke into AT&T servers to get iPad owners' personal info

    Two self-described Internet “trolls” have been arrested for allegedly hacking AT&T’s servers and stealing e-mail addresses and other personal information belonging to approximately 120,000 Apple iPad users who accessed the Internet via AT&T’s 3G network, United States Attorney Paul J. Fishman announced.

    Andrew Auernheimer, 25, of Fayetteville, Ark., and Daniel Spitler, 26, of San Francisco, Calif., were taken into custody this morning by special agents of the FBI—each charged with an alleged conspiracy to hack AT&T’s servers and for possession of personal subscriber information obtained from the servers. Auernheimer was arrested in Fayetteville while appearing in Arkansas state court on unrelated drug charges, and is expected to appear this afternoon before United States Magistrate Judge Erin L. Setser in Fayetteville federal court. Spitler surrendered to FBI agents in Newark and is expected to appear in Newark federal court before United States Magistrate Judge Claire C. Cecchi.

    According to the Complaint unsealed today:

    The iPad is a touch-screen tablet computer, developed and marketed by Apple Computers, Inc., which allows users to, among other things, access the Internet and send and receive electronic mail. Since the introduction of the iPad in January 2010, AT&T has provided iPad users with Internet connectivity via AT&T’s 3G wireless network. During the registration process for subscribing to the network, a user is required to provide an e-mail address, billing address, and password.

    Prior to mid-June 2010, AT&T automatically linked an iPad 3G user’s e-mail address to the Integrated Circuit Card Identifier (“ICC-ID”), a number unique to the user’s iPad, when he registered. As a result, every time a user accessed the AT&T website, his ICC-ID was recognized and his e-mail address was automatically populated for faster, user-friendly access to the site. AT&T kept the ICC-IDs and associated e-mail addresses confidential.

    At that time, when an iPad 3G communicated with AT&T’s website, its ICC-ID was automatically displayed in the Universal Resource Locator, or “URL,” of the AT&T website in plain text. Seeing this, and discovering that each ICC-ID was connected to an iPad 3G user e-mail address, hackers wrote a script termed the “iPad 3G Account Slurper”and deployed it against AT&T’s servers.

    Account slurper

    The Account Slurper attacked AT&T’s servers for several days in early June 2010, and was designed to harvest as many ICC-ID/e-mail address pairings as possible. It worked by mimicking the behavior of an iPad 3G so that AT&T’s servers would be fooled into granting the Account Slurper access. Once deployed, the Account Slurper used a process known as a “brute force” attack—an iterative process used to obtain information from a computer system—against the servers, randomly guessing at ranges of ICC-IDs. An incorrect guess was met with no additional information, while a correct guess was rewarded with an ICC-ID/e-mail pairing for a specific, identifiable iPad 3G user.

    From June 5 through June 9, 2010, the Account Slurper stole for its hacker-authors approximately 120,000 ICC-ID/e-mail address pairings for iPad 3G customers. Immediately following the theft, the hacker-authors of the Account Slurper provided the stolen e-mail addresses and ICC-IDs to the website Gawker, which published the stolen information in redacted form, along with an article concerning the breach. The article indicated that the breach “exposed the most exclusive e-mail list on the planet,”and named a number of famous individuals whose e-mails had been compromised, including Diane Sawyer, Harvey Weinstein, Mayor Michael Bloomberg, and Rahm Emanuel. The article also stated that iPad users could be vulnerable to spam marketing and malicious hacking. A group calling itself “Goatse Security” was identified as obtaining the subscriber data.

    According to its website, Goatse Security is a loose association of Internet hackers and self-professed Internet “trolls”—people who intentionally, and without authorization, disrupt services and content on the Internet—to which both Spitler and Auernheimer belong.

    Auernheimer previously has been outspoken about his trolling activities, bragging to The New York Times in August 2008: “I hack, I ruin, I make piles of money.” Auernheimer has also made Internet video postings taking credit for trolling Amazon.com and causing a “one billion dollar change in their market capitalization.”

    Competitive sport

    During the data breach, Spitler and Auernheimer communicated with one another using Internet Relay Chat, an Internet instant messaging program. Those chats not only demonstrate that Spitler and Auernheimer were responsible for the data breach, but also that they conducted the breach to simultaneously damage AT&T and promote themselves and Goatse Security. As the data breach continued, so too did the discussions between Spitler, Auernheimer, and other Goatse Security members about the best way to take advantage of the breach and associated theft. On June 10, 2010, immediately after going public with the breach, Spitler and Auernheimer discussed destroying evidence of their crime.

    U.S. Attorney Fishman stated: “Hacking is not a competitive sport, and security breaches are not a game. Companies that are hacked can suffer significant losses, and their customers made vulnerable to other crimes, privacy violations, and unwanted contact. Computer intrusions and the spread of malicious code are a threat to national security, corporate security, and personal security. Those who use technological expertise for malicious purposes take note: your activities in cyberspace can have serious consequences for you in the real world.”

    “One primary principle of our society is confidence in a reasonable expectation of personal privacy, which includes expectations of financial privacy, medical privacy, and privacy in our communications,” said Michael B. Ward, Special Agent in Charge of the FBI’s Newark field office. “Unauthorized intrusions into personal privacy adversely affect individual citizens, businesses, and even national security. Such intrusion cases, regardless if the motive is criminal gain or prestige among peers in the cyber-hacking world, must and will be aggressively pursued to ensure these rights are protected to the highest degree.”

    Each defendant is charged with one count of conspiracy to access a computer without authorization and one count of fraud in connection with personal information. Each count with which the defendants are charged carries a maximum potential penalty of five years in prison and a fine of $250,000.

    Two 'Trolls' Charged With Stealing iPad Users' Data...

    Be Aware of Limits On Mortgage Interest Deductions

    Not all home equity loan interest qualifies

    Homeowners have, for many years, been allowed to deduct the mortgage interest on loans securing a principle residence and one second home. But the Internal Revenue Service (IRS) says there are limits to this deduction.

    There is one limit for loans used to buy, build, or substantially improve a residence -- called home acquisition debt. There is another limit for loans secured by a qualified residence but used for other purposes -- called home equity debt.

    Internal Revenue Code Section 163(h) (3) provides guidance for the limitations on the home mortgage interest deduction. IRS Publication 936 also provides useful information on the subject.

    Most homeowners probably aren’t affected much by the first set of limits. Under the law, taxpayers may deduct interest on the loan balance of up to $1 million of home acquisition debt secured by a qualified primary or secondary residence. Most people -- especially now -- spend a lot less than that for a house.

    Home equity debt

    Home equity debt is where some taxpayers could get into trouble. Home equity debt is any loan secured by a qualified residence whose purpose is other than to acquire, construct or substantially improve a qualified home. For example, if you borrow against the equity in your home to buy a boat or take a vacation, or even pay off credit cards, that’s what’s known as home equity debt.

    You can deduct some of this interest, but the IRS says the amount is not unlimited.

    Taxpayers can generally deduct interest paid on the first $100,000 of a home equity loan. The home equity debt limit is reduced to $50,000 for taxpayers who are married filing separately.

    If the home equity loan was used to improve the taxpayer’s first or second home -- or to purchase a second home -- the taxpayer may be eligible for a deduction on an amount up to $1 million or the value of the home. However, the deduction for home equity interest may be reduced even below the $100,000 limit if the indebtedness exceeds the fair market value of your home.

    Example

    For example, taxpayer B borrows $250,000 in a home equity line of credit, and the amount he borrows does not exceed the fair market value of his house. He used $100,000 to add a new kitchen to the house.

    The remaining $150,000 pays for college tuition. The amount used to substantially improve the home -- $100,000 -- is treated as home acquisition debt as long as the taxpayer has not exceeded the $1,000,000 balance limitation.

    The other $150,000 is treated as home equity debt because it was not used to improve the home. Taxpayer B would be able to deduct interest only up to the $100,000 limit on the home equity debt portion of the loan.

    “While tax software packages may include an alert to remind taxpayers and tax return preparers that home mortgage interest deductions are limited, taxpayers need to keep good records to be able to consider these limitations when calculating their home mortgage deductions,” the tax agency says.

    Recent loans might not be a problem

    A bank lending you more than your home’s fair market value may now seem a quaint notion, but it wasn’t that long ago that banks were handing out loans for 125 percent or more of a home’s value, and that home's value is less today. If you took advantage of one of those deals several years ago and have been writing off all the interest, you may need to discuss that with a tax professional.

    For most taxpayers, figuring out the home mortgage interest deduction is straight-forward. Report the interest paid from Form 1098, on Schedule A.

    Taxpayers who disregard the home mortgage interest deduction limitations may be liable for the increase in tax, plus interest and penalties, computed back to the due date of the return, the IRS warns.   

    The Internal Revenue Service allows taxpayers to write off mortgage interest, but only up to a point....

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      How To Fight Telemarketing Fraud Against Older Consumers

      Seniors are attractive targets, but there are ways for them to fight back

      During a visit with your mother, you notice a stack of wire transfer receipts totaling thousands of dollars. When you ask what they’re for, she says she’s paying taxes on a prize she’s won. After you investigate further, you think she’s being scammed by fraudulent telemarketers. What can you do?

      Consumers lose more than $40 billion a year to telemarketing fraud. People over 50 years of age are especially vulnerable and account for about 56 percent of all victims, according to a study by AARP. Scam artists often target older people, knowing they tend to be trusting and polite toward strangers and are likely to be home and have time to talk with callers.

      You can help your parents and others who may be targets of fraudulent telemarketers by describing some tip-offs to rip-offs, letting them know their rights and suggesting ways they can protect themselves.

      If the calls come from Canada, be very suspicious. More American consumers are being ripped-off from Toronto (area codes 416 and 547) than any other city in the world.

      “Money these criminals solicit from you – in the name of charity, for example - could end up being funneled to terrorists,” reports the Ontario, Canada, Provincial Police.

      Tip-offs to phone fraud

      Many scams involve bogus prize offers, phony travel packages, get-rich-quick investments and fake charities. Con artists are skilled liars who spend a lot of time polishing their sales pitches. As a result, it can be difficult to see through their scams. Alert those you care about to be on their guard if they hear the buzzwords for fraud.

      Among the tip-offs are:

      • You must act “now” or the offer will expire.
      • You’ve won a “free” gift, vacation or prize-but you must pay taxes or some other charge.
      • You must send money by Western Union, give a credit card or bank account number or have your check picked up by courier -- before you’ve had a chance to consider the offer carefully.
      • It’s not necessary to check out the company with anyone-including your family lawyer, accountant or local Better Business Bureau.
      • You don’t need written information about the company or its references.
      • You can’t afford to miss this “high-profit, no-risk” offer.

      It’s the law

      It also is helpful for people who are the targets of fraudulent telemarketers to know their rights. Anyone who is troubled by calls -- whether abusive, deceptive or simply annoying -- should know that, under federal law:

      • It’s illegal for a telemarketer to call you if you have asked not to be called.
      • Calling times are restricted to the hours between 8 a.m. and 9 p.m.
      • Telemarketers must tell you it’s a sales call, the name of the seller, and what they are selling -- before they make their pitch. If it’s a prize promotion, they must tell you that you don’t have to pay or buy anything to enter or win.
      • Telemarketers may not lie about any information, including any facts about their goods or services, the earnings potential, profitability, risk or liquidity of an investment, or the nature of a prize in a prize promotion scheme.
      • Before you pay, telemarketers must tell you the total cost of the goods and any restrictions on getting or using them, or that a sale is final or non-refundable.
      • In a prize promotion, they must tell you the odds of winning, that no purchase or payment is necessary to win and any restrictions or conditions of receiving the prize.
      • Telemarketers may not withdraw money from your checking account without your express, verifiable authorization.
      • Telemarketers cannot lie to get you to pay.
      • You do not have to pay for credit repair, recovery room or advance fee loan/credit services until these services have been delivered.

      How to protect fraud targets

      You also can help people you care about develop responses that will end an unwanted sales call. Possible responses to unwanted callers include:

      • “I don’t do business with people I don’t know,”
      • “Please put me on your ‘Do-Not-Call List,’”
      • “I’ll need to see written information on your offer before I consider giving you money,”
      • “You can send that information to my attorney’s office at…”

      Perhaps the easiest response is, “I’m not interested. Thank you and goodbye.” Hang up with no further discussion.

      Urge your parents or anyone else troubled by calls to resist high-pressure sales tactics. Legitimate businesses respect the fact that a person is not interested. Remind older people to:

      • Say so if they don’t want the seller to call back. If they do call back, they’re breaking the law. That’s the signal to hang up.
      • Take their time, and ask for written information about the product, service, investment opportunity or charity that’s the subject of the call.
      • Talk to a friend, relative or financial advisor before responding to a solicitation. Their financial investments may have consequences for the family or close friends.
      • Hang up if they’re asked to pay for a prize. Free is free.
      • Keep information about their bank accounts and credit cards private unless they know whom they’re dealing with.
      • Hang up if a telemarketer calls before 8 a.m. or after 9 p.m.
      • Check out any company with the Bureau of Consumer Protection before they buy any product or service or donate any money as a result of an unsolicited phone call.
      • Finally, remind an older person not to send money -- cash, check or money order -- by courier, overnight delivery or wire transfer to anyone who insists on immediate payment.

      How To Fight Telemarketing Fraud Against Older Consumers Seniors are attractive targets, but there are ways for them to fight back ...

      Lawsuit Challenges Unwritten Medicare Policy

      Widespread practice cuts funding to chronic patients who don't show improvement

      A group of consumers has filed suit against the federal government, claiming that Medicare benefits are being improperly cut for many recipients with chronic conditions.

      The suit, filed in federal court in Vermont, is challenging a Medicare requirement that chronic patients must achieve objective improvements in their functioning in order to qualify for services such as speech and occupational therapy, according to an account in The Chicago Tribune. If a patient can't demonstrate improvement, Medicare will often refuse to pay for such services, and the patient's medical provider will stop offering them.

      Denial of such services can in turn cause the cancellation of other Medicare benefits, leading to a slippery slope where patients lose many of the services on which they have long relied.

      Making matters worse, the vast majority of Medicare recipients are at least potentially affected by the regulation; the suit says that 78 percent of Medicare's 46 million recipients suffer from at least one chronic illness.

      Health care advocacy groups join in

      The suit was filed on behalf of five Medicare recipients, all of whom hail from New England. Five health care advocacy groups joined the recipients as plaintiffs.

      Judith Stein, executive director of the Center for Medicare Advocacy, one of the five groups involved, told the Tribune that the policy “has been and is creating major harm.”

      Stein called the policy “illegal and unfair and an inappropriate application of the Medicare law,” and “a major barrier to access to medical care and access to necessary care. This is not just a theoretic problem but one that affects patients every day.”

      Covert rule of thumb”

      According to the suit, the policy is a “covert rule of thumb” that isn't explicitly spelled out in Medicare law. Additionally, the suit alleges that the policy has never gone through a federal rule-making process, which would allow comment from the public.

      Many of those affected by the policy have serious chronic illnesses, such as Parkinson's, Alzheimer's, and multiple sclerosis (MS).

      Indeed, Dr. Nicholas LaRocca, of the National MS Society -- another of the plaintiff organizations -- told the Naples News that the policy prevented many MS sufferers from using physical therapy to improve their prognosis.

      “Maintenance therapy can help hold the line and manage those and other effects of chronic MS,” LaRocca said. “Maintenance therapy can really help them lead more productive lives and maintain quality of life.”

      The policy has long been a source of controversy. The Naples News, citing statistics from the Centers for Medicare and Medicaid, said that administrative law judges have heard 36,000 appeals from denials of coverage.

      Suit follows Congressional probe

      The suit, which seeks a permanent injunction stopping the practice, points out that the policy leads to higher costs down the road, since recipients are unable to seek therapy that could improve their condition, or at least prevent it from deteriorating.

      The suit follows a letter sent last May, signed by Rep. Joe Courtney (D-CT) and several other lawmakers, declaring the policy illegal.

      “Medicare coverage determinations should not be based on whether the patient's underlying condition is likely to improve,” that letter said, as reported in The Hill. “In fact, federal regulation actually states the opposite.”

      Ellen Griffith, a Medicare spokeswoman, said the government would wait to comment until it has reviewed the suit.

      Lawsuit Challenges Unwritten Medicare Policy Widespread practice cuts funding to chronic patients who don't show improvement...

      Younger Boomers Have Been Squeezed Most By the Recession

      Mintel reports the effects of the economic meltdown have not been felt equally

      The economic climate of the past few years has been difficult on many consumers, but it seems not everyone is coming out of the recent recession on equal footing.

      Research conducted by the market research firm Mintel shows that 45-54-year-olds (younger Baby Boomers and older Gen Xers) will definitely be taking longer to recover. For instance, 47 percent of that group (vs. 33 percent overall) say they “have only been spending money on necessities” for at least a year. 

      Further, 51 percent of this age demographic, compared with 44 percent overall, said they intend to permanently decrease the amount of unnecessary “stuff” they will buy in the future. This group is also greatly concerned about retirement, with 39 percent saying they worry more about retirement now than they ever have.

      Unequal impact

      “This last recession has definitely not treated everyone equally,” said Susan Menke, vice president and behavioral economist at Mintel. “One reason could be that the younger Boomers are the age group that was just getting started when the severe double dip recessions of the 1980s hit, and they have never fully recovered.

      Another reason may be that this is the ‘sandwich’ generation, burdened with educational expenses for their kids and, for some, healthcare costs for aging parents.”

      Bright spots

      There is some good news in the data, however. A full 44 percent of those aged 18-24 and 34 percent of those in the 35-44 age range say that they intend to make a permanent increase in the amount of money they save (vs. 28 percent overall).

      More importantly, they are backing it up with actions -- about 10 percent of 18-44-year-olds have actually increased the amount they are saving in their retirement accounts in the last year.

      “We continue to see numbers indicating that the recession was a wake-up call across age groups, just in different ways,” Menke says. “Everyone is more concerned about having adequate funds to retire after this recession. Unlike the Baby Boomers, however, younger age groups are able to do something about it, which offers a potential opportunity for financial services firms.”

      Younger Boomers Have Been Squeezed Most By the Recession Mintel reports the effects of the economic meltdown have not been felt equally ...

      Woman Says Friskies Killed Her Cat

      Similar accounts found online

      A Florida woman is blaming Friskies cat food for the death of her beloved Smokey.

      Kim Herget, of New Port Richey, told local news affiliate WTSP that after feeding her five-year-old cat, Smokey, Friskies  for several days, the animal fell ill. When Herget took him to the vet, he was diagnosed with acute kidney failure and put to sleep.

      Cause and effect?

      Herget had switched to Friskies from a different cat food. Her vet was unable to determine whether the food had caused Smokey's illness, and the cat was so sick that he couldn't draw enough blood to run additional tests. A medical chart prepared by the vet said the only difference before and after the kidney failure was the cat's change in diet.

      Friskies was the subject of a class-action lawsuit several years ago. While Herget says she was aware of the suit, she assumed that the litigation had spurred parent company Purina to fix any remaining problems with the food.

      But Herget started looking around on the Internet and soon found accounts of similar experiences from other cat owners. Many of those accounts included a switch to Friskies followed by throwing up, hair loss, and, in some cases, death -- all symptoms that Herget says Smokey experienced.

      Pet food woes

      While the cause of Smokey's death is still unclear -- and probably will remain so -- it raises old questions about the safety of pet food in general. In March 2007, Menu Foods recalled 53 brands of dog food and 42 brands of cat food after tests showed  the foods caused kidney failure. Many of the brands were found to be infected with rodent poisoning, a revelation that then-CEO Paul Henderson was unable to explain.

      A number of lawsuits concerning that recall, which were eventually consolidated in a New Jersey federal court, were settled in late 2008.

      A separate lawsuit targeted Canidae, after a number of consumers said their pets became sick after eating that brand of food. Canidae dismissed a lab report from 2007 showing that the food contained acetaminophen, a type of painkiller.

      Importance of due diligence

      Herget's experience also highlights the need for thorough research before making the decision to switch your cat or dog food. Consumer websites like ConsumerAffairs.com have both good and bad reviews of many brands of pet food, and let you know which behaviors following a switch are normal and which ones are not.

      None of this is much comfort to Herget, who told WTSP that she cries herself to sleep on a regular basis. WTSP said that for Herget, as for many pet owners, “pets are not just animals, they are part of the family.”

      Woman Says Friskies Killed Her CatFinds similar accounts online...

      How To Overcome Embarrassing Moments At Work

      New study reveals most embarrassing moments at work and offers tips on how to overcome them

      No matter where you work with other people, sooner or later something embarrassing is going to happen. Some of these incidents can affect your career or your job and the severity of that impact can often depend on how you deal with it.

      For example, too many incidents of falling asleep at meetings or just falling asleep at the wrong meeting could possibly cost you your job. On the other hand, if it happens just once and or twice, you could probably survive by letting your manager know you’re taking steps to prevent it from ever happening again.

      As embarrassing as falling asleep at work is, it has nothing on the list of embarrassing moments the staffing service OfficeTeam has come up with in a new survey of executives from across the country.  

      Oops!

      Here are some of their most embarrassing moments:

      •"I screamed when I saw a lizard in my office."

      •"While speaking at a business event, I fell off the stage."

      •"I got locked in the office."

      •"I fainted during a meeting with a client."

      •"I went into the ladies' bathroom by mistake."

      •"While interviewing a job candidate, I fell asleep."

      •"I answered the phone using the wrong company name."

      •"I sent an offer letter to the wrong candidate."

      •"When I joined the organization, my colleagues told me to sing a song."

      •"I laughed so hard at a joke the boss told that I started snorting."

      •"A personal voice mail from my spouse went to my boss."

      The survey was conducted by an independent research firm and is based on telephone interviews with more than 1,300 senior managers at companies with 20 or more employees in the U.S. and Canada. 

      Robert Hosking, executive director of OfficeTeam, says, "Nearly everyone has had an embarrassing situation at work. Although these moments can be awkward, it's best not to dwell on them, or you risk drawing more negative attention to yourself." 

      What (not) to wear

      Wardrobe malfunctions were a top cause of discomfort for survey respondents.  Following are some examples:

      •"I was late getting to the office and realized I wore my bathroom slippers to work."

      •"I conducted a training session with my zipper down."

      •"My skirt got stuck in my pantyhose."

      •"I came to work with two different shoes on."

      •"My trousers tore in front of my team members."

      •"My shirt was on backward."

      The boss saw it

      Others polled found themselves red-faced in front of the very person they want most to impress: their manager. To wit:

      •"On the first day of my job, I tripped on the stairs and fell down in front of my boss."

      •"I called my boss 'my love' by complete accident."

      •"I left the boss behind and went to a meeting without him."

      •"I spilled coffee all over my boss."

      •"I called my boss by the wrong name during a meeting."

      •"I said something inappropriate about my boss and found out he was standing right behind me."

      Boss moments

      Unfortunately, these executives weren't "smooth operators" of office equipment:

      •"I stapled one of my fingers with the stapler while I was assisting an employee."

      •"I slammed my foot into the copy machine and had to be taken to the emergency room."

      •"I fell off a chair while talking to my boss."

      Hosking said that one of the best ways of diffusing an embarrassing moment is by using humor. He said another way to recover from uncomfortable situation is to show a little vulnerability. If you’re the manager, It can make you appear more accessible and approachable to colleagues.

      Bouncing back

      OfficeTeam offers four tips for rebounding from embarrassing work mishaps:

      1.Remain calm. It's easy to lose your nerve after a slipup, but try to keep your composure. Take a deep breath and collect yourself.

      2.Own up. Acknowledging a blunder before someone else does can alleviate any awkward tension that may arise. If appropriate, address the situation in a humorous way to make everyone feel more at ease. 

      3.Make amends. If your accident affected another person, immediately apologize and take steps to ensure a similar mistake does not happen again.

      4.Move on. Rather than dwell on a misstep, focus on getting back on track. The faster you recover, the less memorable the incident will be.

      How To Overcome Embarrassing Moments At Work New study reveals most embarrassing moments at work and offers tips on how to overcome them ...

      Why You Still Need to be Wary of Penny stocks

      There’s usually a reason they’re so cheap

      Penny stocks, often the target of securities investigations, continue to lure the unsuspecting investor by offering the unstated promise that a stock this cheap can only go in one direction, up. Don’t believe it. Investors looking for that “next big thing” are often lured into the Pennystock market only to learn the Googles, Microsofts and Apples of the world didn’t start as penny stocks.

      One reason penny stocks are under the microscope of the Securities and Exchange Commission (SEC) is because there is often a lack of legitimate information which makes them easy targets for fraud. There have been cases of some penny stock companies paying people to recommend them in the media, including financial television and in newsletters.

      I get spam e-mails all the time trying to get me to put money into a particular stock that’s allegedly on the verge of taking off. There will language like “Could this be the next GE, or Microsoft?”

      Earlier this month, the SEC charged Gendarme Capital Corporation and two executives with violating securities-law registration requirements in an alleged illegal stock distribution involving penny stocks that netted profits of more than $1.6 million.

      For those of you who aren’t even sure what a penny stock is, it’s not a stock that sells for a penny, although some are probably worth less than a penny. Penny stocks are what are known as micro-cap stocks in that they have a relatively low market capitalization, generally between $50 and $300 million, or nano-cap stocks which are those companies with than $50 million. They often trade for less than one dollar a share and on the Pink Sheets or the OTCBB (Over the counter market). Others say defining the amount is any stock under $3.

      Under $5

      It’s interesting that the SEC considers any stock under $5 as a penny stock, but no one else does. Following the SEC standard, Citigroup would be a penny stock, as would have Ford when it hit its bottom. So for this article, we’ll stick with the under a dollar rule.  

      The key thing for investors to know is that penny stocks are much riskier than regular stocks, for a number of reasons:

      • Lack of information real information since they are not required to file with the SEC and a good deal of the information available is just as likely to come from a less than credible source.
      • There are no minimum standards, which is why these stocks are no longer listed on one of the major exchanges.
      • A lack of history because they are either newly formed or approaching bankruptcy which means they will have a poor track record or none at all.
      • They lack liquidity which means there’s a good chance the stock you purchased can’t be sold or its price is easily manipulated.

      Then you have all those off-shore brokers who buy the penny stocks at a discount and then they’re sold back to U.S. investors at profit, without having to register anything with the SEC.

      Biggest lie

      The biggest lie being perpetrated about penny stocks is that many of today's successful stocks were once penny stocks. That is simply untrue.  In fact, most of these stocks do not succeed, and there is a very high likelihood that you will lose your entire investment if you put money into them.

      Does that mean all companies that are trading at their all-time lows won’t recover?  Of course not. And several companies trading on Pink Sheets and over the counter are good quality companies that may one day qualify for either Nasdaq or the NYSE. You just need to know those companies are in the minority and that you know what you’re getting into before investing in a company whether it’s a penny stock, small cap,mid cap or large cap. They all have the ability to rise, fall or stay the same no matter where they are today.

      Investors are still being inundated with direct emails and come-ons for the next hot penny stock but you can often do better with higher priced investments...

      Too Little Weight Gain During Pregnancy Affects Fetus Brain Development

      Study finds when Mom doesn't eat enough, Baby's brain development suffers

      While it’s not necessary to "eat for two" while pregnant, women are encouraged to gain about 25 to 35 pounds during those 40 weeks, depending on her pre-pregnant weight.

      Focus on weight gain during pregnancy tends to be on the "too much" side -- women who gain more than 35 pounds can possibly do harm to both their health and the health of the growing fetus -- but a new study focuses on what happens when a women gains too little weight.

      Researchers from The University of Texas Health Science Center San Antonio reported Monday that eating less during early pregnancy impaired fetal brain development in a nonhuman primate model.

      While primates were used for the study, the researchers said primate model's brain developmental stages are very close to those of human fetuses.

      The researchers found decreased formation of cell-to-cell connections, cell division and amounts of growth factors in the fetuses of mothers fed a reduced diet during the first half of pregnancy.

      "This is a critical time window when many of the neurons as well as the supporting cells in the brain are born," said Peter Nathanielsz, M.D., Ph.D., director of the Center for Pregnancy and Newborn Research in the Health Science Center School of Medicine.

      The study included collaborators at the Southwest Foundation for Biomedical Research (SFBR) in San Antonio and Friedrich Schiller University in Jena, Germany.

      Baboon mothers

      The team compared two groups of baboon mothers located at SFBR's Southwest National Primate Research Center. One group ate as much as they wanted during the first half of pregnancy while the other group was fed 30 percent less, a level of nutrition similar to what many prospective mothers in the U.S. experience.

      SFBR's Laura Cox, Ph.D., said their collaboration allowed them to determine that the nutritional environment impacts the fetal brain at both the cellular and molecular levels.

      "That is, we found dysregulation of hundreds of genes, many of which are known to be key regulators in cell growth and development, indicating that nutrition plays a major role during fetal development by regulating the basic cellular machinery," said Cox.

      Marked nutrient restriction, such as in famine conditions, is known to adversely affect fetal brain development.

      Senior author Thomas McDonald, Ph.D., also of the Health Science Center, said the study "is the first demonstration of major effects caused by the levels of food insecurity that occur in sections of U.S. society and demonstrates the vulnerability of the fetus to moderate reduction in nutrients."

      Poverty can be a cause of food insecurity, but the study also raises other ways fetuses may not get the nutrition they need.  

      Nathanielsz noted in teenage pregnancy, the developing fetus is deprived of nutrients by the needs of the growing mother; in pregnancies late in reproductive life, a woman's arteries are stiffer and the blood supply to the uterus decreases, inevitably affecting nutrient delivery to the fetus; and diseases such as preeclampsia or high blood pressure in pregnancy can lead to decreased function of the placenta with decreased delivery of nutrients to the fetus.

      Maternal health

      "This study is a further demonstration of the importance of good maternal health and diet," McDonald said. "It supports the view that poor diets in pregnancy can alter development of fetal organs, in this case the brain, in ways that will have lifetime effects on offspring, potentially lowering IQ and predisposing to behavioral problems."

      Developmental programming of lifetime health has been shown to play a role in later development of obesity, diabetes and heart disease.

      In light of this new finding, the researchers said research should focus on effects of developmental programming in the context of autism, depression, schizophrenia and other brain disorders.

      According to McDonald, the study also forces researchers to review the commonly held notion that during pregnancy the mother is able to protect the fetus from dietary challenges such as poor nutrition.

      The study was published this week in Proceedings of the National Academy of Sciences.

      Too Little Weight Gain During Pregnancy Effects Fetus Brain Development Study finds when Mom doesn't eat enough, Baby's brain development suffers ...

      Many Pet Owners Don't Consider Pets' Age When Buying Food

      Survey reveals many pet owners may not be giving their pets the most nutritious food

      Results from an Ipsos national survey commissioned by pet food maker Iams and released today reveal only 11 percent of U.S. pet owners consider the age of their cat or dog as the most important factor when determining which formula to feed their pet.

      Propelled by this statistic, Iams is reminding Americans to keep their resolutions to start 2011 off on the right paw by feeding their four-legged friends a life stage-specific diet.

      "The new year is a time when we make resolutions to get healthier and improve ourselves, so why not extend that approach to our cat or dog's overall well-being?" said Dr. Katy Nelson, DVM.

      Nelson is an emergency veterinarian from Alexandria, VA and also a member of the Iams Pet Wellness Council.

      She said it’s important for pet owners to choose pet food that has the right ingredients for their pet’s current age and stage of life.

      Requirements vary

      "Diet requirements, including protein levels, calories and vitamins and minerals, vary over the life of a pet and, in turn, an animal's needs change as he grows from a puppy or kitten, to an adult into a senior," said Nelson.

      Oftentimes pet owners are not sure which life stage their cat or dog falls into. As a result, pets might not be receiving the nutrients or nutrients at the right levels critical for optimal health for their age.

      While life stage can vary between species and breeds, there are general guidelines owners can look to for help:

      • One to 12 months: Kitten and Puppy formula includes DHA for brain and vision development;
      • One to seven years: Adult formula includes HMP to keep teeth clean during and after meals, as well as balanced omega 6:3 ratio for healthy skin and coat;
      • Seven years and older: Senior formula with L-carnitine helps burn fat and keep muscles lean.

      The survey of pet parents also revealed the other factors they consider (or don’t) when purchasing food for their dog or cat:

      • Read Labels -- Only one of out of three respondents (30 percent) rank ingredients as the most important criteria for which food to feed their cat or dog. Reading pet food labels is essential to ensure cats and dogs receive optimal nutrition. Look for foods with meat or fish listed as the first ingredient.
      • Listen to the Experts -- Nearly four out of ten (36 percent) pet owners cite personal recommendations from trusted resources such as veterinarians, as the most important factor of diet selection. Pet parents should consider looking to their veterinarian for nutrition recommendations.
      • Invest in Your Pet -- Nearly one in four surveyed rank price as a deciding factor when choosing their pet's food. It may be tempting to choose the cheapest food, but consider this: it may be cheap for a reason. Feeding pets a proper diet based on age is a lifelong investment in a cat and dog's health.

      This year, Iams introduces Iams Premium Protection, a food they say contains the "most advanced nutrition ever" and one they hope will make it easier for pet owners to feed their pets an age-appropriate, balanced diet.

      "I always tell my patients that healthy checkups start on the inside. Feeding a high-quality diet specific to an animal's age, like Iams Premium Protection, which offers specially formulated life-stage specific diets, is one of the most important ways to ensure four-legged family members lead healthy, happy lives," said Nelson.

      Many Pet Owners Don't Consider Pets' Age When Buying Food Survey reveals many pet owners may not be giving their pets the most nutritious food...

      Feds Green Light NBC-Comcast Merger

      Deal approved, with conditions after "thorough review"

      Federal Communications Commission (FCC) has granted, with some conditions and enforceable commitments, approval of the ownership of NBC/Universial and its affiliated networks from General Electric (GE) to Comcast.

      Approval of the deal, pending for more than a year, had been expected, though it remains controversial in some quarters.

      At the same time, the U.S. Justice Department announced a settlement with Comcast Corp. and GE clearing the way for their joint venture to proceed conditioned on the parties' agreement to license programming to online competitors to Comcast's cable TV services, subject themselves to anti-retaliation provisions and adhere to Open Internet requirements.  The department said that the proposed settlement will preserve new content distribution models that offer more products and greater innovation, and the potential to provide consumers access to their favorite programming on a variety of devices in a wide selection of packages.

      'Thorough review'

      The FCC said its decision was based on "a thorough review of the record," which includes extensive data and voluntary commitments from the applicants, as well as thousands of comments from interested parties and public input received at a public forum held in Chicago. 

      "Based on this review, the Commission has determined that granting the application, with certain conditions and contingent upon enforceable commitments, is in the public interest," the FCC said.

      As part of the merger, Comcast-NBCU will be required to take affirmative steps to foster competition in the video marketplace.  In addition, Comcast-NBCU will increase local news coverage to viewers; expand children's programming; enhance the diversity of programming available to Spanish-speaking viewers; offer broadband services to low-income Americans at reduced monthly prices; and provide high-speed broadband to schools, libraries and underserved communities, among other public benefits.

      More specifically, the conditions imposed by the Commission address potential harms posed by the combination of Comcast, the nation's largest cable operator and Internet service provider, and NBCU, which owns and develops some of the most valuable television and film content. These targeted conditions and commitments, which generally will remain in effect for seven years, include:

      • Ensuring Reasonable Access to Comcast-NBCU Programming for Multichannel Distribution. 
      • Access to Comcast's Distribution Systems.
      • Broadband Adoption and Deployment. 
      • Children's Programming. 
      • Public, Educational, and Governmental ("PEG") Programming. 

      Thirteen months ago Free Press and the Consumer Federation of America (CFA) jointly released a report claiming  that the Comcast-NBC merger posed a "major threat to video competition that antitrust authorities cannot ignore."

      According to CFA's Mark Cooper, "This merger's potential to foreclose competition and stifle innovation is significant and real."

      Following Tuesday's announcement, Free Press reiterated its opposition to the merger, saying thanks to the merger, NBC-Comcast will now control one of every five television viewing hours in the U.S.

      As expected, two federal agencies have given their blessing to the union of Comcast and NBC....

      Time Constraints and Embarrassment Lead to Fewer Skin CancerScreenings

      Study finds both doctors and patients guilty of not checking for common cancer

      When was the last time you got a full-body exam for skin cancer?  If you can’t remember, you’re not alone. Many primary care doctors are too busy and many patients are too embarrassed to get checked.

      A report in the January issue of Archives of Dermatology, one of the JAMA/Archives journals lists time constraints, other illnesses and patient embarrassment as the top reasons preventing dermatologists, internists and family practitioners from conducting full-body skin cancer screenings.

      However, dermatologists are significantly more likely than internists and family practitioners to conduct such screenings.

      According to the American Cancer Society, skin cancer is the most common of all cancers. It accounts for nearly half of all cancers in the United States.

      Melanoma, the most serious type of skin cancer, will account for about 68,130 cases of skin cancer in 2010. Additionally, more than 2 million cases of non-melanoma skin cancer are found in this country each year.

      The study authors said it’s critical for patients to get screened regularly and for doctors to adopt secondary prevention strategies aimed at early detection in an effort to reduce its associated morbidity and mortality.

      "Previous studies have suggested that many individuals, particularly those with established risk factors for melanoma, would benefit from active skin cancer screening and surveillance, and screening by dermatologists in particular may also be cost-effective," the authors wrote.

      Susan A. Oliveria, Sc.D., M.P.H., of Memorial Sloan-Kettering Cancer Center, New York, and colleagues surveyed 2,999 physicians randomly selected from the American Medical Association's Medical Marketing Services database in 2005.

      Of those, 1,669 (59.2 percent) returned surveys, including 559 family practitioners, 431 internists and 679 dermatologists.

      More dermatologists (81.3 percent) than family practitioners (59.6 percent) or internists (56.4 percent) report regularly performing full-body skin examinations on their patients.

      Among all the responding physicians, the top three barriers to performing these examinations were time constraints, competing illnesses and patient embarrassment or reluctance.

      More family practitioners (54.4 percent) and internists (54.5 percent) reported time constraints as a moderate or major barrier than did dermatologists (30.6 percent),

      Dermatologists were more likely to cite patient embarrassment or reluctance as a moderate or major barrier (44.2 percent, vs. 31.3 percent of family practitioners and 32.7 percent of internists).

      This may be because patients visit the dermatologist with more stigmatizing skin conditions, because they don't have an established relationship with a specialist or because they do not expect to undress, the authors note.

      "Patients may see a dermatologist for an isolated skin condition, such as a wart, and the dermatologist may feel awkward asking this person to undress for a full-body skin examination."  

      Since internists and primary care doctors routinely ask for patients to undress for physical examinations, undressing for a skin cancer screening is a little less embarrassing.

      Recognizing such barriers could help to overcome them in both primary and secondary care settings.

      The authors said skin cancer is an ideal cancer for encouraging screening because many risk factors are well known, including family history, the presence of atypical nevi, skin type and history and pattern of sun exposure; because the disease is highly prevalent; and because there are opportunities for early detection.

      "Understanding the determinants of patient skin cancer screening could help promote interventions based on physician characteristics that are amenable to change, potentially improve physicians' prevention practices and help promote early detection," the authors concluded.

      Time Constraints and Embarrassment Lead to Fewer Skin Cancer ScreeningsStudy finds both doctors and patients guilty of not checking for common cancer...

      Did You Know You Could Still Become a Landowner for Free?

      You just need some of that old-fashioned pioneer spirit

      As amazing as it may seem not all the land in the U.S. is spoken for by private, business, church or government ownership.  Finding it unclaimed on the other hand, isn’t so easy and then laying claim to it might involve some bureaucratic red tape that will have you pulling your hair out. But if have the time, the inclination and some pioneer spirit, you can be a land owner for free, or at least until the local municipality sends you a property tax bill.  

      If this sounds like something you’d like to explore, then you’re in luck, because journalist and writer Colleen Kane has done a lot of your work for you by finding seven towns where land is still free. She even wrote about it for CNBC.com.

      As expected this land is often far from the maddening crowd or in very desirable locations. You won’t find a lot of water front property on this list, except for Maine, but you won’t be stuck some swamp either. To say these are remote locations would be an understatement, but you’re pioneers right, so the more remote the better.

      So here’s Colleen’s list of where to find land for the price of your labor, plus the occasional property tax:

      Marne, Iowa

      Marne is in southwestern Iowa with a population of around 150 (149 at last count). It’s about 60 miles from Omaha and 80 miles from Des Moines. At its peak in 1875, the town had a population of over 600, but people started moving away around the turn of last century, through the teens and 20s. “The decline of the family farm affects rural areas like this, says Mayor Randy Baxter. “Back in the ‘60s and ‘70s, there more smaller farms, and small towns supported the folks in the country, but now those homes aren’t there anymore.”

      In hopes of boosting that number, the Marne Housing and Development Corporation has made four free lots available :3 for private and 1 for commercial use. The first family to take advantage of the free land moved onto their new property the fall of 2008, also availing funds from the USDA’s Rural Development Agency for building their home, and they qualified for $10,000 down payment assistance from the Southwest Iowa Planning Council.

      To take advantage of the free land in Marne, applicants need only to submit a proposed floor plan for the house they want to build. It’s not restrictive, but Baxter notes that it must be within reason-- no trailer homes, no horses or livestock. Among the unreasonable proposals for the land: “They want to bring a camper in hogs, or store junk there.”

      New Richland, Minnesota

      New Richland is a town of about 1200 in southern Minnesota, 75 miles from the outskirts of the Twin Cities, offering lake recreation and many fine churches. If this sounds like home, then consider a free 86’ x 133’ lot on the Homestake subdivision on the northwest side of town. Those who claim lots must build a house on the property within one year.

      The land itself is free, but assessments for services provided by the town such as streets, curb and gutter, water and sewer. The fee for these is about $25,000, which suddenly sounds a lot less like “free,” but through Tax Increment Financing this number is reduced to about $14,000 for qualified candidates, which is paid over 15 years on a semi-annual basis along with real estate taxes.

      Kansas

      I know Kansas isn’t a town. But it has so much free land offered throughout the state by local Kansan governments and development groups that there’s an online hub to organize all the information, the appropriately named Kansas Free Land.

      “Most rural areas in Kansas have been declining in population since 1900, so rural Kansas communities either fight or disappear,” says Jenny Russell, Republic County Economic Development Coordinator for Republic County in northern Kansas.

      Her county has opted to fight. Republic County has a free land option available for the right industry and free residential lots throughout its communities for new home construction. Russell cites the area’s rural advantages: very low overhead costs compared to cities, and “With developing technologies, businesses are now able to conduct their operations from almost anywhere.”

      Kansas Free Land links to more than a dozen communities, from Herndon, population 124, to towns with populations in the low thousands, each with their own offers and requirements.

      Beatrice, Nebraska

      One city in southeastern Nebraska that reaped the benefits of the original Homesteading Act of 1862 has created a new version of what worked so well before. The Homestead Act of 2010 offers several parcels of land for free on a first-come, first-served basis. As with the original act, applicants must occupy their parcels of land for five years.

      With a population of about 12,564 and situated just 40 miles south of Lincoln (via the Homestead Expressway) and 99 miles from Omaha, Beatrice is one of the most populous and more accessible locations on this list. In this case, the aim is not to stave off the death of a town with a dwindling population, but to clean up neglected properties and get them to generate taxes and utility fees once again.

      Muskegon, Michigan

      Hoping to attract industrial employers, the city and county of Muskegon, Michigan, (pop. 174,344) launched Muskegon 25 .Under this program, companies that will bring in 25 full-time jobs or more will be granted industrial park property for building, complete with all services, gratis. In addition, the industrial parks are situated in low tax “Renaissance Zones.”

      Muskegon Area First is hoping to attract food processing industry, other suppliers for local industries, and alternative energy providers. New or existing companies creating 25 jobs are allotted five acres, 50 jobs get 12 acres, 75 jobs get 20 acres, and 100 or more jobs get 20 acres. The program also provides discounts at rates proportionate to the amount of jobs created. The 25-job companies are entitled to 50% off water and sewer bills, and the discounts increase from there, down to 20% of the full rate.

      State business credits and other tax incentives are also available. To sweeten the deal further, the city will even throw in tickets to Lumberjacks hockey season tickets or a local boat slip to qualified participating companies.

      Curtis, Nebraska

      Curtis is known as Nebraska’s Easter City due to its famed 40-year-old Easter Pageant tradition. This 3.266-square-kilometer community of approximately 832 persons in southern Nebraska’s Medicine Valley has the Nebraska College of Technical Agriculture and an airport three minutes away.

      Sound good? All righty, then: Curtis offers two options for free-land claimers. Consolidated Companies, Inc. created Roll ’n Hills lots to boost the local economy by providing free sites on paved streets with all utilities for single-family homes. Three of those lots now have occupied homes, says Ed Coles of Consolidated, and nine remain.

      Additional free lots are available through the city of Curtis that overlook the all-grass nine-hole Arrowhead Meadows Golf Course, which is one of the best public courses in the state—at least according to Medicine Valley’s

      Camden, Maine

      Camden is the coastal exception in this otherwise-landlocked list of free land locales. The charming New England berg of about 4,052 citizens is offering 3.5 acres of land near Camden Harbor for a business that will create at least 24 jobs .The former industrial site on the Megunticook River, refurbished by the Town of Camden, comes equipped with 3 Phase Power, Sewer, Water, Cable, Broadband, and parking is available for up to 300.

      Clearly, this is a prime deal for the right company. The Town of Camden is hoping for a company from industries such as biotech, information technology, financial services, medical labs, film, or green businesses. In fact, those last two listed industries are encouraged, as creative economy employers are encouraged and environmentally friendly businesses are given preference in this search.

      There are still parcels of land that no one owns and can be yours for the price of your labor...

      Sprint Raising Data Fees for Smartphones

      All smartphone data plans get hit with new $10 fee

      Faced with rising traffic on its network, Sprint Nextel is adding a $10 fee to its smartphoto data-service plans. Customers on existing contracts won't be affected.

      "The charge will assist Sprint in offering simple and affordable unlimited plans for its customers while maintaining a wireless network able to meet the growing appetite for a richer mobile experience. Subscribers with smartphones will still receive the best value in wireless, including the Any Mobile, Anytime feature offered nationwide only by Sprint," the company said.

      Sprint already charges a $10 fee for its 4G smartphones and will expand the fee to all of its smartphones at the end of January.

      The new fee marks a change for Sprint, which has been trying to undercut its rivals to stem customer losses. Sprint's current "Everything Data" plan costs $79.99 a month, compared to $119.98 for a similar Verizon plan and T-Mobile's $99.99. AT&T no longer offers unlimited data plans.

      Sprint says the price increase is needed to deal with increased traffic demands from smartphone users. A company spokesman said smartphone customers use 10 times the data of regular cellphone users.

      Verizon Wireless may be next to impose new data fees, now that it will be selling its version of the Apple iPhone. The company says it is looking at its pricing options.

      Sprint argued in a statement on its Web site that, even with the extra $10, its plans are simple and easy to understand.

      While some of our competitors impose overage charges and complex plans, Sprint continues to provide a worry-free, unlimited data experience while on the Sprint network. This is responsible, sustainable and reflects our commitment to simplicity and value,”said Bob H. Johnson, president of Sprint’s consumer business. 

      Read more about Sprint.

      Sprint Raising Data Fees for Smartphones. All smartphone data plans get hit with new $10 fee....

      Feds: Repeal of Health Reform Law Could Leave Millions In the Lurch

      Health and Human Services says 129 million people with a pre-existing condition could be denied coverage

      The Health and Human Services Department (HHS) says without the Affordable Care Act, up to 129 million non-elderly people who have some type of pre-existing health condition could be denied health care.

      According to an analysis released HHS Secretary Kathleen Sebelius those with conditions like heart disease, high blood pressure, arthritis or cancer, would be at risk of losing health insurance when they need it most, or be denied coverage altogether.  The report was released just hours before the House was to begin debate on a Republican effort to repeal the law.

      Providing protection

      Under the full range of policies in the law, to be enacted by 2014, people living with pre-existing conditions are free from discrimination and can get the health coverage they need.  Repealing the law, according to HHS, would once again leave millions worrying about whether coverage will be there when they need it.

      “The Affordable Care Act is stopping insurance companies from discriminating against Americans with pre-existing conditions and is giving us all more freedom and control over our health care decisions,” said Secretary Sebelius.  “The new law is already helping to free Americans from the fear that an insurer will drop, limit or cap their coverage when they need it most.  And Americans living with pre-existing conditions are being freed from discrimination in order to get the health coverage they need.”

      The analysis found:

      • Anywhere from 50 to 129 million (19 to 50 percent) of people under age 65 have some type of pre-existing condition.  Examples of what may be considered a pre-existing condition include:

                o Heart disease

                o Cancer

                o Asthma

                o High blood pressure

                o Arthritis  

      • Older individuals between ages 55 and 64 are at particular risk; 48 to 86 percent of people in that age bracket live with a pre-existing condition.
      • 15 to 30 percent of people under age 65 in perfectly good health today are likely to develop a pre-existing condition over the next eight years.
      • Up to one in five people under age 65 with a pre-existing condition – 25 million individuals -- is uninsured.

      Safety net

      Prior to the Affordable Care Act, insurance companies in the individual market in most states could deny coverage, charge higher premiums, and/or limit benefits based on pre-existing conditions.  Surveys have found that 36 percent of those who tried to purchase health insurance directly from an insurance company in the individual insurance market encountered challenges purchasing health insurance for these reasons.

      In an interview with The Washington Post, Robert Zirkelbach, a spokesman for America's Health Insurance Plans, the industry's main lobbying group, said the report "exaggerates the number of people who are impacted."

      He says most of those included in the figure currently have insurance and would be at risk only if they needed to change coverage and buy it on their own. Zirkelbach stressed that people who get insurance through their jobs are guaranteed coverage.

      Feds: Repeal of Health Reform Law Could Leave Millions In the Lurch Health and Human Services says 129 million people with a pre-existing condition coul...

      ConsumerAffairs.com Launches Reputation Management Program

      New initiative creates new customer service channel, recovers lost sales

      ConsumerAffairs.com today launched an expanded and re-branded version of Isertive, its reputation management service for businesses and institutions, the most advanced and far-reaching program of its kind on the Web.

      “Most businesses know us as a review or complaint site, but in fact we are an invaluable source of customer feedback and outreach, enabling businesses to spot issues in their customer service and quality control processes while publicly displaying their commitment to customer satisfaction,” said Zac Carman, CEO of ConsumerAffairs.com.

      “Consumers use peer review sites like ours to research products; what other consumers have to say is part of that equation, but equally important is how companies engage with those customers,” Carman said. “The new ConsumerAffairs.com Reputation Management program provides a public platform in which companies can demonstrate their brand promise and commitment to customers.”

      First launched in late 2009, the ConsumerAffairs.com Reputation Management product alerts businesses as soon as consumer comments are received and processed by ConsumerAffairs.com. Companies receive a copy of the complaint or review and are able to respond directly to the consumer to gather additional information and, if needed, to resolve an issue on the spot.

      Companies' responses are published to ConsumerAffairs.com along-side each consumer comment, providing timely and highly-visible evidence of their efforts to resolve the problem or explain the circumstances surrounding it.

      Upscale appliance manufacturer Fisher & Paykel has used ConsumerAffairs.com Reputation Manager as an effective way to reach out to unhappy customers and respond to their complaints – publicly, so that everyone can see the company's attempt to right whatever wrong is alleged.

      “With digital mediums increasing exponentially as a form of communication it is vital that we engage with our customers in this forum. Fisher & Paykel Appliances has been active in this arena for some time and the ConsumerAffairs.com website provides another means by which we can be in touch with our consumers and resolve their issue,”: saidNick Capener,VP – Customer Service & Logistics. “At the same time this enables us to improve our processes to prevent other consumers facing the same challenge.”

      “Businesses sometimes feel that not every review or complaint is valid. A reasoned explanation of the company's side of the story – while it may not satisfy the consumer – demonstrates to readers who are researching products that there are two sides to the story,” Carman said.

      Consumer researchers (When Customer Love Turns Into Lasting Hatred: Grégoire et al, Journal of Marketing, Vol. 73, November 2009) ) have found that consumers who complain on the Internet are, in most cases, already so angry that it is too late for businesses to repair the damage that has been done to their relationship. However, for every consumer who submits a complaint to a Web site, there are tens of thousands of others reading those comments as they make crucial buying decisions, Carman said.

      “Consumer review and complaint sites are a fact of life,” Carman said. “When ConsumerAffairs.com was launched in 1998, it helped to pioneer the right of consumers to speak up, to compare notes, and to offer complaints and commendations to a wide audience. And, based on the feedback we’ve gotten, companies have realized this is an interactive process –each comment represents an opportunity for brands to demonstrate their commitment to customers.”

      More information is available at https://www.consumeraffairs.com/brands/

      ConsumerAffairs.com Launches Reputation Management ProgramNew initiative creates new customer service channel, recovers lost sales ...

      Cell Phones and Winter Weather Don't Mix

      Extreme cold can disable cell phones, or possibly make them 'explode'

      Last week, readers of the tech blog MobileCrunch argued over a bizarre story of a Norwegian woman who claims her iPhone “exploded” when temperatures there dipped to -14 degrees Celsius (7 degrees Fahrenheit).

      According to Swedish blog Feber, the unnamed woman claimed to be in her car, about to use her phone, when she discovered the entire device was cracked and broken. (Read the article with the help of Google Translate here.)

      When she attempted to have the phone replaced under warranty, she was told by the employees at the Apple store she was ineligible for a free phone, since the warranty states the phone should not be used outside when the temperatures are below freezing or over 35 degrees Celsius (95 degrees Fahrenheit).

      Fact or fiction?

      So did it happen? It's hard to say.

      Multiple tech blogs picked up on the story, but with varying details. MobileCrunch readers argued the story was bunk and the woman must have dropped her phone and lied about how it broke in an effort to get a free phone.

      And while Apple’s iPhone warranty states repairs are not covered in the event of “damage caused by accident, abuse, misuse, liquid spill or submersion, flood, fire, earthquake or other external causes,” -- negative temperatures could possibly be included in that list -- there’s no specifications of just how hot or cold is "too hot" and "too cold."

      Still, while the case of the exploding iPhone could simply be a new urban legend, the fact remains that extremely cold weather can effect the functionality of any electronic device. And with temperatures still frosty cold in much of the country, it’s important to keep cell phones from, ahem, freezing up this winter.

      Consumer tips

      Verizon Wireless, the soon-to-be additional carrier for the iPhone, has provided some handy cold-weather tips to for all cell phone users:

      • Keep your phone fully charged.  

      Cold temperatures can run down the phone's battery charge more quickly.  Use a car charger to keep the phone's charge if you get stranded or stuck in traffic on icy or snowy roads.  Think about an extra battery as backup.

      • Handle your phone with care.  

      The display screen can become brittle when exposed to cold temperatures for long periods of time.

      • Keep your phone in a warm place.

      Avoid leaving it in an outside pocket or backpack or in the car overnight.  When outside in the cold weather, carry your phone in an inside jacket pocket, keeping it close to your body for warmth.

      • Accessorize.

      Remember you can't dial or access the keyboard on a touch screen with gloves, so consider investing in a pair of finger flip gloves.

      Cell Phones and Winter Weather Don't Mix Extreme cold can disable cell phones, or possibly make them "explode"...

      Bill Me Later Facing Another Class Action

      Suit charges company with surreptitiously charging interest, late fees

      Bill Me Later is facing a second class action lawsuit accusing the service of charging excessive interest and late fees.

      The latest suit, filed by plaintiff April Colombu, says Bill Me Later is tricking consumers into using its services, thereby subjecting them to heavy finance charges and other headaches.

      Columbu booked tickets through JetBlue and clicked a button reading “bill me later,” thinking that it was part of JetBlue's internal site. What she didn't know, according to the suit, was that the button created a contract with Bill Me Later, exposing Columbu to high interest and late fees.

      “Work wouldn't let [my husband] off, so I canceled [the flight], printed out my cancellation, [and] thought nothing more of it,” Columbu told ABC News.

      Three months later, Columbu got a bill for the canceled flight in the mail. Despite Columbu's call to Bill Me Later -- in which she told the service that she “canceled the flight within 24 hours and that I never flew” -- she was hit with monthly late fees of $39, along with 19.99 percent interest. A year and a half later, Columbu was $649 in the hole.

      Second of its kind

      The suit, like a similar action filed last January, accuses Bill Me Later of violating California usury laws, which prohibit non-bank entities from charging interest rates above 10 percent. Last year's suit claimed that Bill Me Later tried to skirt the “non-bank entity” requirement by enlisting CIT Bank to provide banking services for the company's transactions. This arrangement essentially meant that Bill Me Later was “renting” CIT's name, according to that suit.

      Attorney Jeff Friedman, who filed both actions, said almost all of Bill Me Later's loans have an interest rate exceeding 10 percent, with many exceeding 100 percent. One of the plaintiffs said he was charged an astronomical 116.67 percent.

      eBay's influence

      Bill Me Later was purchased by eBay for $945 million in 2008. Since then, the auction supersite has been working to integrate Bill Me Later into other websites, causing the type of confusion and misunderstanding that led to Columbu's suit.

      In a statement, eBay said  “the allegations in the lawsuit are baseless.

      “Many consumers choose Bill Me Later because there is no annual fee,” eBay said, insisting that consumers face “no fee and no charge as long as the bill is paid on time.”

      Following last year's suit, eBay suggested in a shareholder report that a settlement could force changes in how Bill Me Later does business.

      “We intend to vigorously defend against these lawsuits,” the filing said. “However, this and other ... claims could result in costly litigation and, if successful, could require us to change the way we or our users do business in ways that increase costs or reduce revenues (for example, by forcing us to prohibit listings of certain items for some locations). We could also be subject to fines or other penalties, and any of these outcomes could harm our business.”

      Consumer complaints

      ConsumerAffairs.com has received its fair share of complaints describing issues similar to those alleged in Columbu's suit. Laurie of West Hollywood, CA, provides a typical account:

      "Buyer Beware when using Bill Me Later. I made a purchase through adorama.com for the 500 required to qualify for no payments to 6 months. BML put the charge through as a standard purchase at an obscenely inflated interest rate of %25.99! Phone calls to their call center produce no results except the run around by employees and a different response each time you call to complain. BML also refuses you to speak to a supervisor, contending their 'managers' are unavailable and one will call you back in about 'two hours.'"

      Bill Me Later Facing Another Class ActionSuit charges company with surreptitiously charging interest, late fees...

      Final Year of Recovery Act May Hold Tax Benefits for You

      2009 law contains some 2010 tax provisions you can use

      The American Recovery and Reinvestment Act (ARRA) of 2009 was passed by Congress to try and stimulate the economy. Among its provisions are tax breaks, many of which apply to individuals.

      The tax benefits were approved for tax years 2009 and 2010, though a few have been extended in the tax package Congress approved last month. But taxpayers should make sure they take advantage of all the provisions of the earlier legislation.

      Perhaps the best known is the Homebuyer Tax Credit, which was originally scheduled to expire in November 2009 but was extended through the first half of last year. As we've discussed in previous articles, if you bought a house last year you may qualify.

      Education

      Some of the lesser-known tax benefits include those for education. Under ARRA, more parents and students will qualify for a tax credit, the American Opportunity Credit, to pay for college expenses. The new credit modifies the existing Hope Credit for tax years 2009 and 2010, making the Hope Credit available to a broader range of taxpayers, including many with higher incomes and those who owe no tax.

      It also adds required course materials to the list of qualifying expenses and allows the credit to be claimed for four post-secondary education years instead of two. Many of those eligible will qualify for the maximum annual credit of $2,500 per student.

      The full credit is available to individuals whose modified adjusted gross income is $80,000 or less, or $160,000 or less for married couples filing a joint return. The credit is phased out for taxpayers with incomes above these levels. These income limits are higher than under the existing Hope and Lifetime Learning Credits.

      Energy

      The new law increases the energy tax credit for homeowners who make energy efficient improvements to their existing homes. The new law increases the credit rate to 30 percent of the cost of all qualifying improvements and raises the maximum credit limit to $1,500 for improvements placed in service in 2009 and 2010.

      The credit applies to improvements such as adding insulation, energy efficient exterior windows and energy-efficient heating and air conditioning systems.

      A similar credit was available for 2007, but was not available in 2008. The Internal Revenue Service (IRS) says homeowners should be aware that the standards in the new law are higher than the standards for the credit that was available in 2007 for products that qualify as "energy efficient" for purposes of this tax credit.

      For property purchased before June 1, 2009, homeowners generally can rely on the manufacturers' certifications and Energy Star labels that were available at the time for those products. Manufacturers have been advised that they should not continue to provide certifications for property that fails to meet the new standards.

      Earned Income Tax Credit

      ARRA provides a temporary increase in the earned income tax credit (EITC) for taxpayers with three or more qualifying children. The maximum EITC for this new category is $5,657.

      ARRA also increases the beginning point of the phaseout range for the credit for all married couples filing a joint return, regardless of the number of children. These changes apply to 2009 and 2010 tax returns.

      The EITC is a refundable credit intended to help people who work but earn modest incomes. The credit begins to phase out at $21,420 for married taxpayers filing a joint return with children and completely phases out at $40,463 for one child, $45,295 for two children and $48,279 for three or more children. For married taxpayers filing a joint return with no children, the credit begins to phase out at $12,470 and completely phases out at $18,440.

      Don't forget the American Recovery and Reinvestment Act when you start looking for tax deductions....