Current Events in February 2011

Toyota won a major victory today as U.S. Transportation Secretary Ray LaHood said federal investigators had found no evidence the automaker's electronic throttle system played a part in incidents of unintended acceleration.

"There is no electronic-based cause for unintended high-speed acceleration in Toyotas," LaHood said in a statement issued to news organizations.

The National Highway Traffic Safety Administration launched the study ten months ago and called on NASA engineers to help determine whether cases of unintended acceleration in Toyota and Lexus models were caused by any cause other than sticky gas pedals and floor mats that trapped the gas pedals.

“We enlisted the best and brightest engineers to study Toyota’s electronics system, and the verdict is in. There is no electronic-based cause for unintended, high-speed acceleration in Toyotas.” LaHood said, according to the Los Angeles Times.

The finding is a major victory for Toyota, which has recalled more than 18 million vehicles since 2009. Five million of those recalls were to fix floor mat problems and four million were to fix gas pedals that were prone to stick.

Toyota faces hundreds of lawsuits filed on behalf of victims of accidents blamed on unintended acceleration. It has already paid $48 million in fines in three separate cases and faces potential liabilities of $10 billion or more in the cases that are still pending.

Human error

While the report exonerated Toyota's electronic throttle system, it did not directly examine the prevalence of pedals that became trapped in place by floor mats or pedals that stuck in the open position.

However, the report said that most of the incidents NASA and DOT engineers examined occurred at low speed and appeared to be caused by driver error, with the driver inadvertently stepping on the gas rather than the brake, or in some bases depressing both pedals at once.

The few high-speed incidents that have been documented were likely caused by the floor mat jamming the accelerator pedal into the wide-open position, investigators said.

Remember Classmates.com?

Over two years ago, the seemingly popular website was sued for telling consumers that “former classmates are trying to contact you! Upgrade now to see their messages!”

When plaintiff Anthony Michaels bought the line and paid to upgrade from his free membership to a “Gold” one -- the only way that he would be allowed to respond to whoever was waiting for him -- he quickly discovered that, in fact, no one was waiting for him.

Michaels filed suit, accusing the site of making “false representations regarding the attempted contacts.” The action settled last March, with Classmates agreeing to pay out $9.5 million, up to $3 to each affected consumer.

And with that, the controversy seemed to have subsided. Classmates.com is still up and running, although ConsumerAffairs.com still receives plenty of complaints about it.

Classmates reincarnated?

But now, a new class action complaint claims that MyLife.com -- whose trademarked slogan is “Who's Searching for You” -- is just the latest incarnation of the stubborn Classmates scam.

The suit, filed last week in a California federal court, says that MyLife CEO Jeffrey Tinsley “has been running essentially the same spam-and-scam operations since at least 2002, when he founded the company under the name Reunion.com. The company later operated using the names Wink.com and Classmates.com, before taking on its latest alias, MyLife.com, in February 2009. False solicitations that 'someone' is looking for you have been the core of the business plan for these entities for some time,” according to the complaint.

Veronica Mendez, one of the suit's lead plaintiffs, had an experience similar to that of Michaels. Last year, according to the suit, Mendez “received an e-mail from MyLife stating that people were searching for her ... She signed up for a trial subscription with MyLife for $5.00. Rather than charging her $5.00, however, MyLife charged her $60.00,” according to the suit.

Lead plaintiff John Clerkin signed up for MyLife for one month, thinking he would be charged $21.95. Once Clerkin learned that he, too, was not a hot search topic for other MyLife users, he “sought to cancel the service and learned that he had been charged $155.40.” He demanded a refund, but only received $104.55 back from the website, the suit alleges.

Suit cites “cycle of fraud”

Tinsley, who is a self-proclaimed “serial internet entrepreneur,” allegedly rebranded Classmates as MyLife in February 2009, shortly after Michaels's suit had been filed.

The suit alleges that “individual victims of the MyLife scam are generally cheated out of roughly $90 to $190 at a time.” A diagram included in the complaint depicts a three-part “cycle of fraud” allegedly employed by MyLife: first the company provides a “false solicitation that 'someone' is looking for you, find out who for a small fee”; then it “overbill[s] victim's account for a much larger fee [than indicated], often more than $100”; and finally, it “hack[s] victim's address book to identify new targets for false solicitations.”

The suit says that credit card companies are onto MyLife's scheme, having “fielded thousands of complaints about MyLife and its fraudulent billing practices. As a result, some, including Visa and American Express, have designated MyLife as a frequent offender whose charges are inherently suspect,” according to the complaint.

The plaintiffs are seeking compensatory and punitive damages, and an injunction ordering MyLife to “immediately cease the improper billing of data usage.”

Consumer complaints

As is the case with Classmates.com, ConsumerAffairs has no shortage of complaints about MyLife.com.

William of Virginia Beach, Va. echoes the allegations made in the suit:

“The website is misleading. It is a scam with no refunds. $12.95/mo doesn't sound so bad until they bill you for an entire year at $155.00 with no refunds, no cancellations. I've read many complaints about this company and my credit card is disputing the charge. It's a scam...don't fall for it.....”

Yolanda of Fayeteville, NC had a similar experience:

“Advertised to join would only be something like $19.95, but after I joined my credit card was charged $155.40! When I called the number to remove the account, I was told I could not get a refund and that the website states this. I called within 15 minutes of the transaction.”

The cost of green – or “raw” – coffee keeps rising, and so do retail prices. The latest price hike comes from J.M. Smucker Co., which said it is raising the price of coffee sold under its Folgers and Dunkin' Donuts brands by 10 percent. That's on top of price increases last May and August.

Starbucks, which reported disappointing earnings last month, has said it is “adjusting” prices on a market-by-market basis.

Coffee prices for unroasted beans are at 13-year highs and have been rising steadily for the last two years.

The composite average price of green coffee last month was $1.97 per pound, the highest monthly figure since at least 2008, according to the International Coffee Organization. It's a 13-cent increase over December 2010.

The composite price includes Colombian Mild Arabicas, Other Mild Arabicas, Brazilian Natural Arabicas and Robustas.

Coffee production has been down slightly in recent months, partly because of bad weather, and supplies have also fallen, helping to drive prices higher. Demand, meanwhile, continues to rise, thanks to a surge in the number of coffee drinkers around the world, primarily in emerging economies.

Ironically, much of the new demand is coming from Brazil, the world's largest coffee producer. Coffee has always been a staple in Brazil but as the country's economy continues to surge, coffee consumption is rising steadily.

Brazil is expected to pass the United States as the world's largest coffee-consuming country in the near future, if it hasn't already, industry experts say. Coffee is also becoming more popular in China, as consumers there adopt more Western habits.  

Consumers appear to be more willing to add to their credit card balances lately, and banks appear willing to let them do it.

After two years in which credit card companies reduced credit limits and closed some accounts entirely, the amount of consumer credit debt is rising once again. The Federal Reserve reports consumer credit rose in December.

While holiday spending undoubtedly had something to do with that, it wasn't the only reason. The rise in consumer debt in December was the third straight month of increases, signaling consumers may  be more comfortable spending again.

A $6.1 billion increase

According to the Fed's repot, credit rose by $6.1 billion, reaching a total of $2.41 trillion. While that's definitely a lot of money, it remains below the high point of consumer debt -- $2.58 trillion -- reached in July 2008.

Economists see the rise in consumer credit -- especially the three month trend -- as a hopeful sign for economic recovery. With the jobless rate at 9.0 percent, businesses aren't likely to begin hiring in strong numbers until they see signs the consumer is spending once again.

There are, of course, risks to consumers who begin to add to their debt, especially credit card debt. Debt is essentially borrowing from future earnings, and if earnings aren't going up, it creates a squeeze at some point.

Economist Joel Naroff, of Naroff Economic Advisors in Holland, Pa., recently noted the drop in the unemployment rate was good news for the economy, but obstacles to growth remain.

Stagnant wages

"The one remaining huge problem is wages: they are stagnant," Naroff said. "While that may be helping grow profits, it is not doing a whole lot to raise income and spending."

Beyond that, household consumption is being challenged by rising energy and other costs and without larger wage increases, the likelihood of robust growth is reduced.

The Center for Responsible Lending also sees that as a danger if consumers return to heavy credit card use.

"A combination of job instability, shaky benefits, and uncertain retirement, has unraveled the worker's safety net," the group says. "Credit card issuers step in to the breach, as Americans reach for their credit card to borrow for basic living expenses."

If consumers are using their credit cards to purchase discretionary items, that may indeed help spur the economy. If rises in credit are to meet every day basic needs, economists say, that's something else entirely.

Banks buy and sell residential mortgages, so it's not unusual for you to take out a loan with one bank, only to have it sold to, and serviced by another.

When this happens, the homeowner usually is contacted by mail, informed of the change and given a new address where the monthly payment is sent. But scammers have figured out how to exploit this to steal homeowners' mortgage payments.

The Nevada Attorney General's office has filed changed against two Las Vegas men for allegedly running just such a scam. The criminal complaint alleges that Joseph Yorkus and James Bartczak set up "Great Western Business Services" to steal homeowners' mortgage payments by fraudulently claiming the mortgage holder's loan servicer had changed. 

Intercepted payments

They allegedly mailed notification to homeowners in Nevada, in effect intercepting heir monthly mortgage payments. Authorities say eventually the homeowner's real mortgage company would declare the loan to be in default.

"This type of corporate identity theft is devastating to the homeowner victim and to the true loan servicer, both of whom are harmed by these types of scams," said Nevada Attorney General Catherine Cortez Masto.   

Bank of America customers targeted

She said the scam involved sending letters to homeowners falsely stating that servicing of the homeowners' loans had been transferred from Bank of America to Great Western Business Services. The letters instruct homeowners to send their mortgage payments to Great Western Business Services instead of the true servicer, Bank of America. 

The alleged scam would result in victims unknowingly missing one or more mortgage payments which could result in a potential notice of default and foreclosure, despite the fact that the homeowner had actually made their payments, albeit to the scammers instead of their true loan servicer. 

It's hard to protect yourself against a scam such as this. Consumer authorities say your best defense is to conduct some research about the "new" mortgage company if it's a company you're not familiar with. You can also contact your present servicer to confirm that the loan has, indeed, been sold.

Just in time for Valentine's Day, arguably one of the more candy-centric holidays, a new study by Japanese scientists will give choco-holics a reason to cheer: chocolate -- specifically dark chocolate -- is good for your cholesterol.

In the study, published in the Journal of Agricultural and Food Chemistry, Midori Natsume, Ph.D., and colleagues note studies have shown cocoa, the main ingredient in chocolate, appears to reduce the risk of heart disease by boosting levels of high-density lipoprotein (HDL), or "good" cholesterol, and decreasing levels of low-density lipoprotein (LDL), or "bad" cholesterol.

Credit for those heart-healthy effects goes to a cadre of antioxidant compounds in cocoa called polyphenols, which are particularly abundant in dark chocolate.

Just as those heart-shaped boxes of chocolates gets mouths watering, polyphenols rev up the activity of certain proteins, including proteins that attach to the genetic material DNA in ways that boost HDL levels.

How they work

Until now, however, nobody knew exactly how the polyphenols in cocoa orchestrated those beneficial effects.

The scientists analyzed the effects of cocoa polyphenols on cholesterol using cultures of human liver and intestinal cells. They focused on the production of apolipoprotein A1 (ApoA1), a protein that is the major component of "good" cholesterol, and apolipoprotein B (ApoB), the main component of "bad" cholesterol.

What they discovered was cocoa polyphenols increased ApoA1 levels and decreased ApoB levels in both the liver and intestine.

Additionally, the scientists discovered the polyphenols seem to work by enhancing the activity of so-called sterol regulatory element binding proteins (SREBPs).

SREBPs attach to the genetic material DNA and activate genes that boost ApoA1 levels, increasing "good" cholesterol. The scientists also found polyphenols appear to increase the activity of LDL receptors, proteins that help lower "bad" cholesterol levels.

Mental health aid

Chocolate can get beneficial for your mental health, too.

A study published in 2009 in the Journal of Proteome Research found eating about an ounce and a-half of dark chocolate a day for two weeks reduced levels of stress hormones in people who felt highly stressed.

“The study provides strong evidence that a daily consumption of 40 grams [1.4 ounces] during a period of two weeks is sufficient to modify the metabolism of healthy human volunteers,” the study authors said.

So go ahead -- indulge in some dark chocolate this Valentine’s Day. Your head and your heart might thank you.

Coming out of Consumer Electronics Show (CES) this year, one of the main stories was the debut of new "passive" 3D TVs, announced by companies including LG, Toshiba and Vizio. 

One big promise of passive 3D is that you can wear lightweight, inexpensive polarized glasses like the ones you get in movie theaters, rather than the bulkier, more expensive active-shutter glasses required by current 3D sets. 

The first passive 3D TV to hit the market is Vizio's 65-inch VT3D650SV ($3,700), a 1080p LCD TV that uses an edge LED backlight. Testers from Consumer Reports (CR) bought a set as soon as it was available and recently completed preliminary testing in its TV labs. 

For purposes of comparison, CR pitted the new Vizio set against Panasonic's top-rated TC-P65VT25 ($4,300) plasma 3D TV. The magazine says it has found plasma to be a better technology for 3D, primarily due to the lack of ghosting, so testers were curious to see how the Vizio passive set stacked up. 

A lot to like

In general, there is a lot to like about the VT3D650SV. For one thing, the polarized glasses are very comfortable to wear; they weigh just 0.7 ounces, so they felt very similar to wearing regular sunglasses. CR also liked that you get four pairs of glasses with the TV -- with additional pairs expected to cost from $10 to $30. That's a far cry from the $130 to $150 you have to shell out for active glasses. 

In addition, the passive 3D glasses dim the image less than any of the active-shutter glasses testers have tried, enabling the Vizio to produce the most satisfyingly bright picture we've experienced when viewing 3D. 

Perhaps even more important, CR found that ghosting -- which has been a significant distraction on almost all the 3D LCD TVs it's reviewed -- is reduced to the point where it gives plasma TVs a run for their money. The testers note that when they watched both Avatar and Monsters vs. Aliens in 3D, "we were wowed by the effortless presentation of clean 3D without any of our usual ghosting complaints." Other passive advantages, they say,  include virtually no flicker, and the lack of any issues related to the glasses syncing properly to the TV.

However…

But Consumer Reports' initial excitement about the Vizio was tempered by what it says is  "the most significant downside to the passive 3D technology: the noticeable loss of resolution that's the result of the way the separate 3D images are displayed for each eye." 

Passive TVs use a different 3D technology than the current active 3D sets already on the market. Unlike those sets, which use active glasses with shutters that open and close very rapidly to provide each eye its own view, passive TVs use a polarizing film on the TV screen itself, which divides the picture into alternating lines, much like the interlaced images on older tube TVs. Each lens in the glasses blocks the images meant for the other eye. 

As a result, each eye receives only half the vertical resolution of the image. So while active sets can send full HD 1080p (1920x1080) signals to each eye when connected to a high-def 3D source, such as a 3D Blu-ray player, the best a passive 3D TV can do is 1920x540. And if you get your 3D signals via cable or satellite broadcasts, which squeeze 3D signals into the space meant for a single high-def image, cutting the horizontal resolution, the resolution is reduced even further, to 960x540. 

This loss of resolution may be visually subtle to some viewers, depending on the 3D program material, but it's likely to be noticeable -- and bothersome -- to more discerning viewers. 

In CR's preliminary tests, this loss of resolution resulted in interlaced-like image effects, such as jaggies and moiré, which recall the 480i- and even 1080i TVs of not too long ago. For example, overall picture detail was much courser on the Vizio than with the Panasonic, and there was visible blurring on objects in motion in some scenes. 

In addition, there were jaggies on the edges of objects, especially on diagonal lines. For example, in the opening credits of Monsters vs. Aliens, the DreamWorks logo features a boy with a fishing pole sitting on the moon. On the Vizio, the fishing pole looked like a dotted line; with the Panasonic the pole was a complete, unbroken line. 

While the artifacts weren't terrible, they did feel like a throwback to an era before progressive-scan images were available -- one the testers say they were happy to leave behind. When comparing a detailed, 1080p 3D "freeze frame" Blu-ray image on the Vizio and Panasonic sets, the difference is quite apparent. Depending on the scene, the Vizio often exhibited significant jaggies and moiré; images on the Panasonic were detailed, smooth, and filmlike, free of classic video artifacts. 

Other issues

There were also a few other issues, likely attributable more to the differences in display technology than to 3D. For example, there was "clouding" in the corners and sides of the Vizio sets on dark scenes, caused by backlight uniformity issues, and the viewing angle was noticeably narrower. That said, the testers believe the new Vizio set's advantages allow it to deliver the best overall 3D performance available of any LCD 3D TV they've tested. 

The verdict

Here's the bottom line on the Vizio VT3D650SV "passive" 3D TV: 

Pros:

• Provides a high-quality, comfortable 3D viewing experience;
• Minimal ghosting, comparable with the best plasmas;
• Very comfortable, lightweight, low-cost polarized glasses;
• Bright 3D image.

Cons:

• Vertical resolution cut in half (from 1080 to 540 lines);
• Visible video artifacts, such as jaggies and moiré, in some scenes;
• Very fine details that fall within a row of pixels tend to "shimmer" since each eye is only getting half the image;
• 3D broadcasts transmitted in "side-by-side" mode displayed on the Vizio will have a resolution of 960x540, one-quarter that of full 1080p;
• Unlike prior Vizio models with wide viewing angles, this one has a more limited viewing angle, comparable to that of most LCDs.

Consumers who have a big tax refund coming often want to get their hands on it as soon as possible. In New Jersey, the Office of the Attorney General and State Division of Consumer Affairs last week inspected 574 tax preparation offices statewide in search of false and misleading advertising of so-called "instant," "same day" and "24 hour" tax refunds.

State officials reminded taxpayers that there is no such thing as an "instant" tax refund, as the Internal Revenue Service (IRS) cannot issue refunds that quickly. So-called "instant" refunds offered by some tax preparers are usually Refund Anticipation Loans (RALs), which often come with high fees and interest rates that cut deeply into the amount a taxpayer would receive from the IRS.

Empty promises

"The promise of fast cash and an instant refund can be very attractive, especially in times of economic hardship," said New Jersey Attorney General Paula Dow. "But tax preparers who offer so-called same-day refunds are selling something that does not exist -- typically at a high cost to the buyer."

The Division of Consumer Affairs investigators say they found five New Jersey businesses falsely advertising RALs in storefront signs, posters or flyers as "instant" or "same day" refunds. Each inaccurate or misleading sign is considered a separate violation of the state's Consumer Fraud Act's Advertising Regulations. The state is seeking a civil fine of $1,500 for each violation, for a total of $7,500 in fines; and reimbursements of $250 from each cited business for the state's investigative costs, for a total of $1,250 in reimbursements.

The businesses cited last week are: Demian and Co., LLC, in Cranford; MB Motor Sports, Inc., in Tinton Falls; City Tax in Jersey City; Girotel NJ, LLC in Union City; and Personal Touch Taxes, LLC in Newark.

Tax preparers who offer RALs are required to advertise them accurately. They are prohibited from requiring a client to enter into a refund anticipation loan and must be transparent about the costs involved. Tax preparers must also provide itemized statements of service charges, including charges for tax return preparation, electronic filing, and providing or facilitating the RAL.

Next best thing to instant

While the IRS doesn't hand out "instant refunds," its e-file system coupled with direct deposit, can put your refund into your account very quickly -- and it doesn't cost anything. Many taxpayers can even qualify for free tax-filing software.

The Free File Alliance, a coalition of industry-leading tax software companies partnered with the IRS, offers low-to-moderate income taxpayers free access to leading commercial tax preparation software. This year, every taxpayer with a 2010 Adjusted Gross Income of $58,000 or less may visit www.IRS.gov to prepare, complete and e-file his federal tax return at no cost.

"IRS Free File returns this year to proudly give 98 million Americans free access to the industry's best tax preparation software," said Tim Hugo, executive director of the Free File Alliance. "We are committed to making taxes simple, fast and free by offering step-by-step help that takes guesswork out of the process. More than 30 million people have already taken advantage of IRS Free File, and our goal this year is to serve each and every taxpayer making $58,000 or less."

To begin, taxpayers may visit the IRS Website and click on the "Free File" icon. Users will find a list of Free File Alliance member companies and may either choose the one that fits their needs or utilize the "help me find a company" tool. After selecting a company, taxpayers will be transferred to the company's Website to prepare, complete and electronically file their federal income tax returns. Three of the 19 participating software companies also offer services in Spanish.

Parts of the country may be buried in snow, but the start of spring is right around the corner.

And with warmer temperatures comes working in the yard. Dermatologists are hoping to get a head start on warning the public that what may start as a seemingly harmless day of gardening or yard work can quickly take a turn for the worse when common plants make their mark on the skin, causing a host of mild to severe skin reactions.

Skin allergies

Last week, at the 69th Annual Meeting of the American Academy of Dermatology (Academy), dermatologist Julian J. Trevino, MD, FAAD, associate professor of dermatology at Wright State University Boonshoft School of Medicine in Dayton, Ohio, discussed common skin reactions that can occur from contact with plants, including effective treatments and preventive strategies.

According to Trevino, most skin reactions resulting from direct contact with a hazardous plant tend to be more of a nuisance than anything else, there are some instances where the reaction can affect the entire body and pose a potentially more serious risk.

"For example," he said, "people who are allergic to plants or have sensitive skin that is prone to eczema or atopic dermatitis may experience more severe or long-lasting effects that require medical attention."

The sources

There are many outdoor plants that can cause an adverse skin reaction simply by brushing up against them.

One group of plants in particular that causes toxin mediated urticaria (hives) is stinging nettle plants, which have sharp hairs that produce irritants.

These irritants are chemicals, such as histamine or acetylcholine, which usually cause an immediate outbreak of hives within 30 to 60 minutes upon exposure. Most people experience a mild reaction with hives that resolve on their own in a few hours.

Trevino also explained people who handle food frequently or those with a tendency toward eczema can develop an allergic reaction to plants known as immunologic contact urticaria.

This reaction usually results from susceptible individuals coming in contact with various fresh fruits and vegetables, herbs, nuts, shrubs and grasses.

In this instance, a person usually experiences itching and hives within 30 minutes. In its more severe form, this reaction can involve not only hives on the skin, but also swelling in the throat, lungs or gastrointestinal tract that requires immediate medical attention.

Another common cause of skin irritation from plants stems from exposure to spines or glochids -- tiny emergences of certain cacti or prickly pear plants -- which can get caught in the skin and cause an itchy rash.

Since these tiny spines break the skin, Trevino cautioned a person could develop a staph or fungal infection if bacteria or fungus are present on the prickly spine that enters the skin, leading to a more serious situation.

"The spines from the plants should be carefully removed from the skin, usually with tweezers or a piece of tape that is placed over the area where the spine entered the skin and gently torn away with the tip of the spine attached," said Trevino.

Treatments

Minor itching, irritation or rash can be typically treated with an oral antihistamine or over-the-counter topical steroid, but Trevino recommends seeing a dermatologist when a rash doesn’t respond to over-the-counter treatments.

“In cases where a rash is accompanied by more severe reactions such as difficulty in breathing or swallowing, a person should go to the emergency room immediately," he said.

The Big Three

Perhaps the most well-known and feared plants linked to skin rashes and irritation are poison ivy, oak and sumac.

Trevino explained that these plants contain a resinous sap called urushiol that can cause a rash when it comes in contact with the skin in the estimated 50 percent of the population that is allergic to these plants.

However, Trevino added that direct contact with poison ivy and its variants is not the only way that people can get this bothersome rash.

Urushiol can be released in the air and stick to nearby objects if a poison ivy plant is injured.

"That means that you can develop poison ivy if you pet your dog after he has come in contact with the plant, or if you touch a gardening tool or piece of clothing that has come in contact with poison ivy,” said Trevino.

Even airborne contact with urushiol is possible, especially in the fall or winter when poisonous plants are burned among other brush and particles of urushiol are released into the air.

“If these airborne particles land on your skin or you inhale them, you can get a widespread rash and severe irritation in the respiratory tract."

Quick treatment

When a person with poison ivy allergy contacts the plant, Trevino said time is of the essence to prevent a rash. The area that has been exposed should be rinsed off immediately with water. This can remove at least some of the resin before it is absorbed in the skin.

To treat a rash caused by poison ivy, lukewarm baths and soaks with products containing aluminum acetate (a type of salt that dries up the weeping and blisters), and topical preparations such as calamine or topical steroids are helpful.

While oral antihistamines will help alleviate itching and skin irritation, topical antihistamines should be avoided – as some people are allergic to them and the rash could get worse.

"In some cases when a rash is severe or covers a large area of the body and is not getting better with over-the-counter therapies, a dermatologist may prescribe strong topical steroids or a course of steroids taken orally," said Trevino.

Prevention

To minimize the risk of such skin reactions, Trevino recommends the following tips:

• Wear protective clothing whenever possible -- including gloves (preferably vinyl gloves), long sleeves and long pants tucked into socks.
• Apply an over-the-counter barrier cream or lotion containing quaternium-18 bentonite to exposed skin before going outdoors. This helps prevent urushiol from poisonous plants from contacting the skin.
• Avoid poisonous plants (remember this phrase: "leaves of three, let it be").

In the largest genome-wide association study to date in Parkinson’s research, scientists have discovered that genetics play a substantial role in the disease. The finding may one day lead to better diagnostics and therapies for this debilitating condition.

Parkinson's disease is a progressive neurologic disorder that usually affects people over the age of 50. It affects about 1.5 million Americans.

Parkinson's disease is caused by the degeneration of nerve cells in the portion of the brain that controls movement. It was once considered a non-genetic disease. However, recent genome-wide association studies uncovered a genetic component to the disorder. These studies analyze large amounts of DNA to identify subtle genetic variations that contribute to disease.

To find genetic variations that contribute to Parkinson's disease, Dr. Andrew Singleton of NIH’s National Institute on Aging (NIA) and several other leading Parkinson's researchers in the United States and Europe undertook the largest genome-wide association study of the disease to date. They pooled DNA data from more than 33,000 participants.

First, the researchers scanned the genome looking for variations associated with Parkinson's. Then, to confirm these findings, they analyzed suspected risk variants in DNA from an independent group of people with Parkinson’s and a similar group of people free of the disease. The study was supported by several NIH institutes and the U.S. Department of Defense.

In the February 2, 2011, online edition of the Lancet, the researchers identified 5 new genomic regions linked to Parkinson’s disease. They also confirmed 6 previously identified regions that may contribute to increased disease risk. Based on these 11 risk variants, the researchers estimate that people in the top 20% of genetic risk are more than 2½ times as likely to have Parkinson's disease as those in the bottom 20% of the genetic risk spectrum.

"Up until just 10 or 15 years ago, the field did not think genetics played much of a role in the development of Parkinson's disease," Singleton says. "This work not only increases our understanding of how genes are involved in the disease process, but with more research, may one day result in the development of better diagnostics and therapeutic interventions for this debilitating disease."

When the Internet came along, there was lots of talk about how it would rejuvenate rural America, making it possible for more people to open online businesses work from home, even if home was miles from the nearest Starbucks.

After all, electricity and telephone service had been extended to nearly 100 percent of the population through the effort of government agencies that imposed small fees on urban customers to help finance expansion of service into the hinterlands. Everyone sort of thought that something similar would happen again.

So small communities sat back and waited for the boom that never came.

That may be about to change. Federal Communications Commission (FCC) Chairman Julius Genachowski is proposing to convert the $8 billion fund that subsidizes rural telephone service into one that brings Internet service into rural and other under-served areas.

Genachowski outlined his plan in a speech today and the FCC is expected to take up the proposal tomorrow (Tuesday).

Genachowski has dubbed his proposal the Connect America Fund. It would replace the Universal Service Fund, a virtual fossil that Genachowski says was “designed for a world with separate local and long-distance telephone companies, a world of traditional landline telephones before cellphones or Skype, a world without the Internet – a world that no longer exists.”

Just how the Connect America Fund would be funded is open to discussion. The Universal Service Fund is supported by fees levied on long-distance companies, who pass them on to their customers. Because long-distance rates have fallen sharply, the rate imposed on long-distance companies has risen rapidly and currently stands at 15.5 percent, double what it was in 2003.

An Orange County, Calif., man is the latest to file a federal class-action lawsuit against the makers of Power Balance wristbands, following the company's recent admission that there is “no credible scientific evidence” that supports its claims.

Brian Casserly's suit also names celebrity endorsers Shaquille O'Neal and Lamar Odom.

In its advertisements and promotional materials, Power Balance claims its wristbands and necklaces containtwo holograms on Mylar "treated with energy waves at specific frequencies," and that the product will "optimize the body's natural energy flow."

"Our allegation is it's biologically impossible for two holograms to affect your strength or performance," said D. Greg Blankinship, one of Casserly's lawyers.

Last month, the Australian Competition and Consumer Commission (ACCC) concluded that the bracelet “may be no more beneficial than a rubber band.” The company then conceded that there is “no credible scientificevidence that supports our claims and therefore we engaged in misleading conduct in breach of” an Australian consumer protection law.

The ACCC ordered Power Balance to take the product off the market and to issue a refund to any consumer who so requested.

But the company is continuing to tell a different story in the United States.

"Contrary to recent assertions in the Australian press, Power Balance has made no claims that our product does not perform,” reads a statement by Power Balance President Keith Kato on the company's Web site. "Our products are based on the idea of optimizing the body's natural energy flow, similar to concepts behind many holistic and Eastern philosophies."

Kato's statement makes no mention, however, of official statements released by the ACCC, the Australian equivalent of the U.S. Federal Trade Commission.

“Power Balance Australia Pty Ltd claimed the wristbands improve balance, strength and flexibility and worked positively with the body's natural energy field. It also marketed its products with the slogan 'Performance Technology'. The ACCC raised concerns that these claims were likely to mislead consumers into believing that Power Balance products have benefits that they do not have,” read an official ACCC press release.

“Power Balance has admitted that there is no credible scientific basis for the claims and therefore no reasonable grounds for making representations about the benefits of the product. Power Balance has acknowledged that its conduct may have contravened the misleading and deceptive conduct section of the Trade Practices Act 1974,”the official Australian statement continued.

At least ten other class actions have been filed against Power Balance. It's expected they will be consolidated into a single suit and heard in California, where the company is based.

Though not widely known outside its East Coast 'hoods, the Wegmans supermarket chain seems to stay a step ahead of its competitors. Its latest innovation is a winde-by-the-glass dispenser in the cafe at its Allentown, Pa., store.

Customers can buy a 5-ounce glass of selected red or white wines with a prepay card for $6 to $10, or a 2.5-ounce pour for about half that. Just want a “sample?” They go for $1 to $2.

Wegmans and Whole Foods are becoming strong contenders in casual dining as well as groceries. Both offer menus featuring everything from sushi to Thai food. Some stores in the chains have seafood bars as well.

Wegmans isn't saying where else it's testing the wine-by-the-glass experiment, according to the Allentown Morning Call. Wegmans operates a full-service bar at its Collegeville, Pa., store, with beer on tap, martinis and other mixed drinks as well as a wide selection of wines.

All of this muscling in on restaurants is occurring as other retailers are invading the supermarkets' turf. CVS and other chain pharmacies are stocking wider selections of groceries lately, as are dollar stores. Target and Wal-Mart continue to expand the grocery sections in their superstores and are Wal-Mart is looking at recreating the corner market in dense urban areas.

She doesn't look much like J. Edgar Hoover but Elizabeth Warren might be reading from his playbook. Hoover quickly built the FBI into a high-profile crime-fighting agency back in the 1920s, and Warren appears to be on the same track with the Consumer Financial Protection Bureau(CFPB).

The outspoken Harvard law professor, who is setting up the agency as an aide to President Obama, hosts a video on the bureau's new Web site, asking for suggestions from the public on what the agency's top priorities should be.

“For the first time in many years, we have the opportunity to create a brand new consumer agency from the ground up,” she said. “We want to make sure that you are with us all the way while we build it.”

The bureau is the centerpiece of the financial overhaul enacted last year. While it won't have G-men chasing bank robbers down the street, it's expected to take an aggressive stance against predatory lenders and misbehaving financial institutions.

Warren has already made it clear that the bureau will be aggressively going after lending institutions who abuse members of the armed services and violate the terms of the Servicemembers Civil Relief Act, as J.P. Morgan Chase admitted doing last month.

Military might  

One of Warren's first appointments was Holly Petraeus, the wife of Gen. David H. Petraeus, top U.S. Commander in Afghanistan, to lead the bureau's Office for Service Member Affairs.

Besides policing payday lenders, mortgage lenders and others notorious for abusing service members, Petraeus is expected to turn a sharp eye towards car dealers, who managed to lobby their way out of the bureau's jurisdiction but could still feel the sting of negative publicity and future legislation if Petraeus documents widespread misconduct.

The CFPB will “be a cop on the beat to patrol the consumer financial services markets,” Warren said. It will set up a consumer complaints section on its Website, allowing consumers to submit complaints about financial products and services.

“Financial companies that break the laws will be held accountable. That’s fair to customers, and it is fair to the lenders who play by the rules and work to provide real value for their customers,” she said.

Though not a career politician, Warren has proven herself nimble at navigating the treacherous shoals of Washington. Her appointment of Holly Petraeus silenced Republican critics who had vowed to extinguish the agency.

Her appointment of former Ohio Attorney General Richard Cordray, a moderate Democrat, to head enforcement efforts answered critics who had feared that ideological zealots would be in charge of enforcement.

Even the U.S. Chamber of Commerce, which led an aggressive lobbying campaign against creation of the agency, has shifted its attention to offering feedback on how the agency develops, citing small businesses' fear that the CFPB will be covering many of the same issues as the Federal Trade Commission (FTC).

Hoping to get a jump on meeting tough new federal fuel standards, General Motors plans to introduce a new type of gasoline-electric hybrid across all of its future models, starting with the Buick LaCrosse sedan.

The LaCrosse will get the new technology, called eAssist, this summer and it will be introduced to other models over the next few years, according to Mark Reuss, GM's president of North American operations, who revealed the plans at a dealers conference in San Francisco.

Reuss said the new technology differs from the full-hybrid version used by Toyota and some other manufacturers. Instead of using an electric motor as the sole source of power under certain conditions, eAssist will use a compact electric motor to provide a power boost during acceleration.

Reuss said eAssist will provide a 20% to 25% increase in fuel efficiency in passenger cars. It will use a lithium-ion battery pack. The batteries will be recharged by energy generated during braking.

The 2012 Buick LaCrosse, a full-size sedan, will get up to 37 miles per gallon on the highway, 25 in the city, Reuss said. The base model will be equipped with a four-cylinder engine and an 11-kilowatt electric motor that will provide an additional 15 horsepower during acceleration.

Auto makers must reach a national fleet average of 35.5 miles per gallon by 2016to comply with new federal fuel standards.  

Suzuki is recalling about 32,000 2009-2011 Grand Vitaras and 2010-2011 SX4s.

The company said the tension adjuster pulley for the drive belt has a defective spring that can break, causing the belt to be adjusted improperly. This could lead to the engine overheating, the battery discharging and the engine stalling. Also, the power steering could fail.

Dealers will replace the pulley with an improved part when the recall begins in mid-February.

Owners may contract Suzuki about Recall No. SM at 1-887-697-8985 or at www.suzukiauto.com.

Over the last two years interest rates have fallen sharply but, for many consumers it has been a moot point. With tighter lending standards and rules, fewer consumers have been taking out bank loans.

But if you are still paying off credit card debt at 15 percent or higher, some personal finance experts think it might make sense to take a loan from yourself, borrowing from your 401(k) retirement account.

In the past this practice was highly frowned upon. After all, the money in that account is working for you on a tax deferred basis, accelerating its growth. You should be putting more money in, they argued, not taking it out.

The law allows a loan against a 401(k) account but does not require your employer to provide one. Some small companies are not in the position to administer these loans and may not allow then. Checking your company's policy is the first step.

Although plans differ, you may be able to take a loan from your 401(k) account of up to 50 percent of what you have paid in so far. To some it's appealing because there's no banker to please, no credit check or jumping through hoops.

Low rates are appealing

Also, the interest rate on a 401(k) loan can be quite low, and this is likely the main reason some financial experts are beginning to change their view. If you have a balance on your credit card with an interest rate of 14.5 percent and you can pay it off with a 401(k) loan at 4.5 percent, in many ways you're ahead.

But in some ways, you aren't. While you have five years to pay back the loan -- usually through a payroll deduction -- some plans don't allow you to make new contributions to the account until you fully pay off the loan. If you take the full five years to repay your loan, you're missing five years of tax-deferred contributions.

What if you aren't able to repay the loan? If there is a strong risk of that, then it might be better to pass on a 401(k) loan and take your chances with the bank.

Job security is a key issue

If you quit your job, or get fired before you repay the loan, you have 60 days to repay the loan in full. If you can't manage that, then it's classified as a 401(k) withdrawal.

If you are over the age of 59 1/2, it is less of a problem because you are allowed to take distributions after that age. However, the unpaid loan balance will be taxed as regular income. Depending on your bracket, it can be a big bite.

If you haven't reached age 59 1/2, the unpaid balance is classified as an early withdrawal. Besides paying the tax, you have to pay an extra 10 percent penalty.

Taking out a loan against your retirement account probably boils down to your individual situation. It's a good idea to discuss the matter with your tax or financial adviser before acting.

Bank of America has settled a lawsuit alleging that it charged excessive overdraft fees, agreeing to pay $410 million to put the action to rest.

Lead plaintiff Ralph Torres, a Miami resident, said in the complaint that he signed up for an account with Bank of America after seeing ads touting “free checking.”

“The bank actively provides false or misleading balance information to these customers, including plaintiff, that in turn deceives these customers into making additional transactions that, in turn, will generate even more overdraft fees for the bank,” the complaint alleged.

Multiple states and defendants

The suit, consolidated in a federal court in Florida, encompasses actions brought on behalf of consumers in 14 states who said that the bank processed debit transactions in order of size -- largest to smallest -- rather than chronologically. As a result, consumers were more likely to overdraw their accounts -- and once they overdrew once, subsequent overdraws were more likely to occur, causing some consumers to accrue hundreds of dollars in fees.

Along with Bank of America, the suit named two dozen other banks as defendants, including JPMorgan Chase, Citigroup, Wells Fargo, U.S. Bancorp, SunTrust, and Huntington Bancshares.

Overdraft charges cost billions: study

According to the Center for Responsible Lending, consumers paid $23.7 billion in overdraft fees in 2008, compared to just $10.3 billion in 2004. The center found that low-amount debit card transactions were the most frequent trigger of overdraft fees -- an average debit transaction of $20 triggered an average overdraft fee of $34.

The center further found that “16 percent of people who overdraft pay 71 percent of overdraft fees,” and that overdrafters are “more likely than the general population to be lower income, single, non-white, and renters.”

Dubious “overdraft protection”

As ConsumerAffairs.com  reported in August, many consumers still choose to enroll in “overdraft protection,” the deceptively-named program that actually enables exorbitant overdraft fees. Consumers who decline overdraft protection simply have their card declined when their account has insufficient funds; consumers who opt in to the program, by contrast, are allowed to use their card but have to cough up the accompanying overdraft fee.

New rules require opt-in

Under rules promulgated in 2009, banks are no longer allowed to automatically enroll consumers in overdraft protection; they must first obtain their permission. Before a consumer is allowed to consent, she “must be provided a notice that explains the financial institution's overdraft services, including the fees associated with the service, and the consumer's choices,” according to a press release issued by the Federal Reserve.

Bank of America announced last March that it was doing away with overdraft fees altogether. Although the bank at first said that it would allow consumers to opt-in to overdraft protection, it later backtracked and said that no customer would be charged an overdraft fee.

“When you looked at it in hindsight, it's not the right way to treat them,” Bank of America CEO Brian Moynihan told The Wall Street Journal of the overdraft fees. “I don't think them opting in is going to change that dynamic, and I think they'll be upset once they opt in down the road.”

It's all about the Green and Gold! Following Green Bay's Super Bowl win, almost everybody (except those of us who cheer for the Bears) is a Packers fan. And that means team merchandise and collectables will be hot items on online auction sites.

Football fans need to remember to do their homework before making an online purchase. Consumers should deal only with sellers/companies they know and trust. Beware of fake/counterfeit items and offers that sound too good to be true.

Online shopping

Shopping online offers many benefits that you won’t find shopping in a store or by mail. The Internet is always open -- seven days a week, 24 hours a day -- and bargains can be numerous. With a click of a mouse, you can buy an airline ticket, book a hotel, send flowers to a friend or purchase your favorite fashions.

You can order tulip bulbs directly from Holland, exotic spices from Turkey or hand woven wall hangings from Mexico or Morocco. But sizing up your finds on the Internet is a little different from checking out items at the mall.

Shopping electronically, especially when you’re dealing with vendors in other countries, opens up a whole world of questions. Are the prices posted in U.S. dollars or some other currency? Does the company ship internationally? How long will it take for an order to be delivered? Will unexpected taxes or duties be added to the price?

If you’re buying items form an online retailer or auction website, the Wisconsin Division of Trade & Consumer Protection offers the following advice: offer this advice to help you make the most of your shopping experience:

• Know with whom you’re dealing. Anyone can set up shop online under almost any name. ID thieves can create websites that imitate and look like the business’ real website. Avoid the tendency to trust a website based solely on its appearance. Confirm the onlineseller’s physical address, including the country where it is based, and an email address orphone number in case you have questions or problems. And consider dealing only withvendors that clearly state their policies.

If you get an email or pop-up message while you’re browsing that asks for financial information, don’t reply or click on the link in the message. Legitimate companies don’t ask for this information via email. Look up the business’ phone number and call it and ask if it is requesting private information on its Website.

• Know exactly what you’re buying. Read the seller’s description of the product closely, especially the fine print. Words like “refurbished,” “vintage” or “close-out” may indicate that the product is in less-than-mint condition, while name-brand items with “too good to be true” prices could be counterfeits.
• Pay close attention to the information you’re entering when you place an order. For example, an additional keystroke could get you 10 shirts when you wanted only one.
• Know what it will cost. Check out websites that offer price comparisons and then compare “apples to apples.” Factor shipping and handling along with your needs and budget into the total cost of the order. Verify that all charges are calculated correctly. Do not send cash under any circumstances.
• Pay by credit or charge card. If you pay by credit or charge card online, your transaction will be protected by the Fair Credit Billing Act. Under this law, you have the right to dispute charges under certain circumstances and temporarily withhold payment while the credit card company investigates.

In the event of unauthorized use of your credit or charge card, you generally would be held liable only for the first $50 in charges. Some companies offer an online shopping guarantee that ensures you will not be held responsible for any unauthorized charges made online, and some cards may provide additional warranty, return, and/or purchase protection benefits.

• Check out the terms of the deal, like refund policies and delivery dates. Can you return the item for a full refund if you’re not satisfied? If you return it, find out who pays the shipping costs or restocking fees and when you will receive your order.

Sellers are required to ship items as promised within 30 days after the order date if no specific date is promised, or give you an “option notice.” This notice gives you the choice of agreeing to the delay or canceling your order and receiving a prompt refund.

There is one exception to the 30-day rule. If a company doesn’t promise a shipping time, and you are applying for credit to pay for your purchase, the company has 50 days after receiving your order to ship. Find out where you should call, write or email with complaints or problems.

• Keep a paper trail. Print and save records of your online transactions including the product description and price, the online receipt, and copies of every email you send or receive from the seller. Read your credit card statements as you receive them and be on the lookout for unauthorized charges.
• Don’t email your financial  information. Email is not a secure method of transmitting financial information like your credit card, checking account or Social Security number. If you initiate a transaction and want to provide your financial information through an organization’s Website, look for indicators that the site is secure, like a lock icon on the browser’s status bar or a URL for a website that begins “https:” (the “s” stands for “secure”).

Unfortunately, no indicator is foolproof. Some fraudulent sites have forged security icons.

• Check the privacy policy. It should let you know what personal information the Website operators are collecting and why and how they’re going to use the information. If you can’t find a privacy policy or if you can’t understand it, consider taking your business to another site that’s more consumer-friendly.
• Be sure your computer is protected. Install a quality firewall, virus protection, and spyware protection software on your computer. These tools will help combat hackers and identity thieves. Always run an update before shopping online.
• Don’t allow anyone else to share your computer or use your Internet access. Identity thieves can install software on your computer that permits them to log every keystroke you make. If you permit someone else to use your computer or Internet access, particularly if they use your computer more than one time, you run the risk of becoming an ID theft victim.
• If you really do want to share your computer with another person regularly, make sure you know him well and trust him completely. Also, set up a separate account for them rather than give out any of your passwords.
• Never give out your Internet password. Be original when creating your password(s). Consider using a combination of numbers, letters, and symbols or a phrase to remember it. For example: UR2G$48* -- “You are to give money for eight stars.”

Avoid using established numbers for your password, such as your house number, birth date or a portion of your telephone or Social Security numbers.

Internet auctions

Thinking of bidding in an online auction or selling some of your stuff? Internet auctions are a great resource for shoppers and sellers, but you need to watch out for some pitfalls. Here’s how:

• Evaluate how soon you need to receive the item you’re bidding on and whether you can tolerate it being delivered late or even not delivered. Many complaints about Internet auction fraud involve late shipments, no shipments or shipments of products that aren’t the same quality as advertised.
• Whether you’re a buyer or a seller, read each auction site’s Terms of Use before using it for the first time. Sites may charge fees, follow different rules, or offer different protections.
• Carefully consider your method of payment. Learn what recourse you have if something goes wrong. Don’t send cash and don’t use a money wiring service.
• Don’t reply to “phishing” emails. Messages that look like they’ve been sent by an auction Website or payment service and ask for your password or other personal information.
• Know with whom you’re dealing. Avoid doing business with sellers you can’t identify, especially those who try to lure you off the auction site with promises of a better deal. Confirm the seller’s telephone number in case you have questions or problems.
• Know exactly what you’re bidding on. Read and print a copy of the seller’s description of the product closely especially the fine print. Save copies of all emails you send and receive from the auction site or seller, too.

Tips for using online classifieds

• Deal locally with buyers and sellers you can meet in person.
• Never use wire transfer services to send money -- anyone who asks you to do so is likely a scammer.
• Fake cashier checks and money orders are common.  Banks will cash the checks and then hold you responsible when the counterfeit check or money order is discovered weeks later. Make certain the check or money order has actually cleared before you send money. That might take a couple of weeks. Ask your bank.
• Never give out financial information (bank account number, social security number, eBay/PayPal info, etc.).
• Avoid deals involving shipping or escrow services.

Types of fraud

• Most people who complain about Internet auction fraud report problems with sellers who:
• Fail to send the merchandise.
• Send something of lesser value than advertised.
• Fail to deliver in a timely manner.
• Fail to disclose all relevant information about a product or terms of the sale.

Escrow service complaints

Another type of fraud occurs when sellers or buyers pose as escrow services to obtain money or goods improperly. The so-called seller puts goods up for sale on an Internet auction and insists that prospective buyers use a particular escrow service. Once buyers provide the escrow service with their payment information, the escrow service doesn’t hold the payment but sends it directly to the so-called seller.

The buyer never receives the promised goods, can’t locate the seller, and -- because the escrow service was part of the scheme -- can’t get any money back. In some cases, a fraudster poses as a buyer and, after placing the highest bid on an item, insists that the seller use a particular escrow service. The escrow service tricks the seller into sending the merchandise and doesn’t send the payment or return the goods to the seller.

Fake check scams

Sellers can be victims of fraud when buyers send fake checks or money orders that are detected by the bank only after the seller has shipped the goods. A buyer might offer to use a cashier’s check or corporate check to pay for the item you’re selling.

Sometimes, the buyer sends a fake check or money order that exceeds the cost of the item that has been purchased. The so-called buyer (or the buyer’s “agent”) states that hemade a mistake or comes up with another reason for writing the check for more than the purchase price.

In either case, the buyer asks you to wire back the difference after you deposit the check. You deposit the check and wire the funds back to the “buyer.” Later, the bank determines that the check is fraudulent, leaving you liable for the entire amount. The checks were counterfeit, but good enough to fool unsuspecting bank tellers.