Current Events in March 2011

The U.S. Consumer Product Safety Commission (CPSC) is repeating the 2008 recall of more than 985,000 drop-side cribs with "Crib Trigger Lock and Safety Peg" hardware.

In January 2011, CPSC and Delta Enterprise Corp., the crib's manufacturer, learned of a 2009 death in which a 7-month-old girl from Colorado Springs, Colo., became entrapped and suffocated between the detached drop-side and mattress of her recalled crib. The crib was purchased secondhand and re-assembled without safety pegs in the bottom tracks.

Missing safety pegs can create a situation where the crib's drop-side rail disengages from the track. This can create a hazardous space in which an infant can become entrapped and suffocate.

At the time of the October 2008 recall, CPSC notified consumers about the death of an 8-month-old girl who became entrapped and suffocated when the drop side of the crib detached. The crib involved in this incident also was re-assembled without safety pegs. At the time of the October 2008 recall announcement, there were reports of two entrapments and nine detachments in cribs without safety pegs.

"Buying or accepting cribs second hand can be risky," said CPSC Chairman Inez Tenenbaum. "Second hand cribs may not come with all of the necessary parts that are needed to make sure your baby is safe. We urge parents and caregivers to use caution and to be aware that new rules established by CPSC will bring safer cribs to the market this summer."

The repeated recall involves cribs that were made in Taiwan and Indonesia. The cribs were sold at major retail stores including Kmart, Target and Walmart between January 1995 and December 2005 (through September 2007 for model 4624) for about $100.

Delta's name and address is printed on the mattress support boards and the Delta logo is on the crib's top teether rail. Model numbers are located on the top of the mattress support board. This announcement includes the following 49 crib models with "Crib Trigger Lock with Safety Peg" drop-side hardware:

• 4320, 4340;
• 4500, 4520, 4530, 4532, 4540, 4542, 4550, 4551, 4580;
• 4600, 4620, 4624 - production dates 01/06 thru 11/07, 4640, 4660, 4720, 4735, 4742, 4750 - production dates 01/95 thru 12/00;
• 4760, 4770, 4780, 4790;
• 4820, 4840, 4850, 4860, 4880, 4890, 4892; and
• 4900, 4910, 4920, 4925-2, 4925-6, 4930, 4940, 4943, 4944, 4947, 4948, 4949, 4950, 4958, 4963, 4968, 4969, 4980.

CPSC urges parents and caregivers to immediately stop using cribs that are missing a safety peg on either leg of the drop side and contact Delta to receive a free, easy-to-install repair kit. Call Delta toll-free at (800) 816-5304 anytime or visit the firm's website at www.cribrecallcenter.com to order the free repair kit.

Parents and caregivers are encouraged to find a safe, alternative sleep environment for their child until the repair kit, with new safety pegs, is safely installed on the recalled cribs.

CPSC reminds parents not to use any crib with missing, broken or loose parts. Make sure to tighten hardware from time to time to keep the crib sturdy. When using a drop-side crib, parents should check to make sure the drop side or any other moving part operates smoothly. Always check all sides and corners of the crib for parts separating that can create a gap and entrap a child.

In addition, do not try to repair any side of the crib. Babies have died in cribs where repairs were attempted by caregivers. Crib age is a factor in safety. At a minimum, CPSC staff recommends that you do not use a crib that is older than 10 years old. New, mandatory federal crib rules take effect on June 28, 2011. All cribs manufactured and sold after that date must meet new and improved safety requirements. Older cribs do not meet the new standard and can have a variety of safety problems.

Elizabeth of Mountain View, Hi., says she unwittingly signed up for Trilegiant “ID Secure” service.

“Trilegiant mailed a solicitation to me in the form of a small check of about $10 - $15,” Elizabeth told ConsumerAffairs.com. “I mistakenly thought it was a rebate on a transaction I had had with Priceline.com.”

So she cashed it. The result was two charges, one for $139.99 and one for $149.99, on her credit card. Negative option marketers have long used the small check gambit as a means to get people to sign up for their services. States have cracked down on this practice in recent years.

Elizabeth sent us a copy a letter she wrote to the company demanding that these charges be reversed. She sited two settlements in which Trilegiant made amends with consumers in a number of states. We also suggest she send a copy of the letter to her state attorney general.

More mystery charges

When you get a brand new credit card, there shouldn’t be any charges on it. But even before Darryl of Chino Hills Calif., got her Sears credit card, there was a charge placed by DealMax.com.

“First I have never dealt with this website, second I had not even received my new card yet and this company already was charging me something I never authorized,” Darryl told ConsumerAffairs.com. 

DealMax is part of Adaptive Marketing, which in turn is a subsidiary of Vertrue, which has a long history of complaints about surprise charges on consumer’s credit card. Darrryl says she is fortunate her credit card providers was able to deny the charge. But the mystery remains as to how it got there in the first place.

No cavities, but…

In recent months we’ve gotten complaints from consumers who say they feel a burning sensation in their mouth after using Crest toothpaste. April, of Headland, Ala., is one of them.

“After about just a few uses, I began having gum pain,” April told ConsumerAffairs.com.

April said she didn’t think much about it, then it started worsening and her gums started swelling.

“I woke up just this morning planning to see a dentist for it and noticed the left side of my face from the temple down to my lips were horribly swollen and numb as if I'd been given Novocaine at the dentists office and the skin on the inside of my cheek was peeling off in big pieces,” she said.

April said the dentist asked if she changed toothpaste recently and, when she said she did, told her to switch back, saying she was having an allergic reaction.

Flavorings used in toothpaste have been known to trigger an allergic reaction, but these reactions are usually mild and will resolve if you switch to a different flavor or brand of toothpaste. Danish researchers first identified the link in 1998.

Too much information

We all get those checks in the mail from our credit card companies, making it easier for us to take out cash advances. But actually, they’re just a hassle, because they require shredding for safety. Del, of Norcross, Ga., said he recently received a new credit card from Bank of America, along with two preprinted checks, with his name, address, and account number. And that’s not all.

“They prominently displayed ‘Your PIN for cash access is: XXXX’ next to the blank checks,” Del said. “This private information that could be used by identity thieves was sent through the mail. Inclusion of our cash access PIN was negligent and unnecessary exposure to identity theft criminals.”

That’s why you should open any and all communications from credit card companies, even if you think it’s just a marketing pitch. Shred any checks or documents that have personal information on them.

It wasn't long ago that Walmart was trying to broaden its customer base, hoping to attract a slightly more upscale crowd. Now, mired in a sales slump that's lasted seven consecutive quarters, it's wishing it could just get its old customers back.

It's hoping to accomplish that by an advertising and merchandising campaign that takes it back to its “core pricing message” – the time-tested “Every Day Low Prices” slogan that saw it grow from a backwoods chain to Earth's biggest retailer.

An advertising campaign breaking next month will highlight the chain's decades-old everyday low pricing strategy and will also highlight its policy of matching competitors' advertised prices, a policy it's always had but hasn't talked about much.

Spiffed up

In its failed attempt to appeal to a more affluent crowd, Walmart abandoned its cluttered look and its policy of always having the lowest prices on the most basic merchandise. Instead, it spiffed up stores, starting talking about sustainability and organic food and offered discounts on some items while raising prices on others.

The remodeling effort may have been the biggest mistake. The company spent billions of dollars dolling up its stores but, in the process, cut back on its selection.

Now, hoping to return to its roots and win back its $30,000 to $70,000-per-year customer base, Walmart is once again stacking merchandise up to the ceiling and piling up boxes in the aisles, just like the good old days.

Will it work?

Some retail analysts note that times have changed. For one thing, the biggest demographic group in the country – the boomers – have aged. They're beyond their child-rearing years and aren't making as many big stock-up trips to the local Walmart.

Younger consumers, meanwhile, shop differently. Instead of making one or two big shopping trips a month, they tend to order online from the likes of Amazon.com and Drugstore.com – a pattern reinforced by the long hours and long commutes many families face today, not to mention the allure of sales-tax-free shopping that online purchasers enjoy in most states.

Could it be that the supercenter concept has run its course? That's the theory of Leon Nicholas, quoted by trade magazine Advertising Age.

Nor is Nicholas convinced that Walmart's strategy of rolling out small-format stores will be much help. The dollar chains are adding at least 1,000 stores this year while Walmart is adding only a few hundred over the next several years.

The Federal Reserve has tweaked a regulation implementing the Credit Card Accountability, Responsibility and Disclosure (CARD) Act, and it might turn out to be good news for consumers.

The rule is intended to enhance protections for consumers who use credit cards and to make sure lenders understand what their obligations are when it comes to compliance.

In order to protect consumers from running up unaffordable levels of credit card debt, the Credit Card Act requires that, before opening a new credit card account or increasing the credit limit on an existing account, card issuers consider a consumer's ability to make the required payments on the account. Much like banks were supposed to do with mortgages.

Show us the money

Specifically, the rule states that credit card applications generally cannot request a consumer's "household income" because that term is too vague to allow issuers to properly evaluate the consumer's ability to pay. Instead, issuers must consider the consumer's individual income or salary.

The Fed is also cautioning lenders about promotional programs that waive interest charges for a specified period of time. It says these programs are subject to the same Credit Card Act protections as promotional programs that apply a reduced rate for a specified period.

For example, a card issuer that offers to waive interest charges for six months will be prohibited from revoking the waiver and charging interest during the six-month period, unless the account becomes more than 60 days delinquent.

Watch out for waivers

CardHub.com CEO Odysseas Papadimitriou, a former Capital One executive, says Citibank skirted this rule by renaming introductory rates as interest waivers. More specifically, he says it offered a rebate of 70 percent of finance charges and classified it as a promotional waiver.

Since it’s a waiver, the Citibank disclaimer said it could revoke it at any time, thereby increasing customers’ interest rates even if they were not 60 days delinquent. Papadimitriou cheered the Fed’s move.

“This type of action is in stark contrast to Fed practices spanning the last decade which allowed unsafe lending to permeate unchecked,” Papadimitriou said.  “It is so refreshing to finally see the ‘new Fed’ take a very proactive role in addressing dangerous trends as soon as they pop up.”

More work to do

Papadimitriou says the Federal Reserve needs to continue its role in heading off devious practices by also addressing Bank of America’s proposed $59 membership fees, which he says is an attempt to increase interest rates by calling it something else.

The Fed says application and similar fees that a consumer is required to pay before a credit card account is opened are covered by the same Credit Card Act limitations as fees charged during the first year after the account is opened.

Because the total amount of these fees cannot exceed 25 percent of the account's initial credit limit, a card issuer that, for example, charges a $75 fee to apply for a credit card with a $400 credit limit generally will not be permitted to charge more than $25 in additional fees during the first year after account opening.

Consumers can sue Walgreens for promoting, and charging a "significant price" for, a mouth rinse that the company misrepresented as capable of removing plaque above the gum line to promote healthy gums, a Florida federal judge ruled.

Judge James I. Cohn ruled that Howard Moss and other plaintiffs can proceed with their suit, which charges Walgreens with violating the Florida Deceptive and Unfair Trade Practices Act and with breach of warranty.

The suit alleges that Walgreens promotes its Full Action Mouth Rinse as delivering certain benefits, including: “Full action, Freshens Breath, Restores Enamel, Helps Strengthen Teeth, Helps kill germs that cause bad breath and Helps fight visible plaque above the gum line.”

But Moss claims that Walgreens does not support its claims, particularly the claim that Full Action removes plaque above the gum line or promotes healthy gums, and that its claims are therefore “misleading, false and reasonably likely to deceive the public.”

Moss also claims that Walgreens charges “a significant price premium” for Full Action.

Walgreens had challenged Moss, claiming that the Food, Drug and Cosmetic Act (FDCA) governs such questions and that the FDCA pre-empts state law.

Moss' complaint had referred to a letter the U.S. Food and Drug Administration (FDA) sent to Walgreens on September 27, 2010.

In that letter, the FDA informed Walgreens that if Full Action indeed fights plaque above the gum line, it is a drug subject to regulation by the FDA. The letter also asserts that Full Action is mileading because its ingredients panel describes it as a “Sodium Fluoride and Acidulated Phosphate Topical Solution,” which the FDA said was “inconsistent with the actual ingredients of the product.”

Just one day after it announced its blockbuster deal to acquire T-Mobile, AT&T announced the launch of two new smartphones, including one model that it calls the first 3D phone sold in the U.S.

The LG Thrill 4G and the HTC HD7S joined the AT&T line-up today, as the carrier continues to offer a wider variety of devices, now that its once-exclusive iPhone is now available to Verizon Wireless subscribers.

AT&T says the LG Thrill 4G is the first U.S. smartphone that will feature a "glasses-free" 4.3-inch stereoscopic 3D display plus 4G speed capability. Beyond its 3D screen, the LG Thrill 4G features a dual-core, 1 GHz processor, and a 5-megapixel dual-camera that allows you to shoot and share high definition videos and images in 3D.

The HTC HD7S is another Windows Phone, this one with a 4.3-inch, WVGA, super LCD display, 1 GHz processor and 5-megapixel camera with dual-LED flash.

Exclusive

The iPhone may no longer be exclusive to AT&T, but the company says the LG Thrill 4G is, and will go on sale in AT&T stores later this year. It runs the first dual-core, dual-channel 1 GHz processor in the U.S. and is based on the Android 2.2 platform. It will allow users to shoot 3D video and 3D stills with the dual 5-megapixel stereoscopic camera. 

In addition to apps and games from Android Market, LG Thrill 4G will offer 3D content via the "LG 3D Space," which houses 3D games, video clips and images for quick, convenient access.  It will come preloaded with 16 GB of memory, 8 GB onboard plus an 8 GB MicroSD card.

New Windows phone

AT&T says the HTC HD7S will have the largest screen on a Windows Phone from AT&T and will include the latest version of Windows Phone software.  It will be powered by a 1 GHz processor and support more than 10,000 applications available for download or purchase from Windows Marketplace.

In addition, with the preloaded U-verse Mobile application, qualifying AT&T U-verse customers can download and watch TV shows on their Windows Phone.  Non-U-verse customers can subscribe to U-verse Mobile for $9.99 a month and choose from a broad selection of programming to watch on their Windows Phone. 

You thought women were the only ones going in for cosmetic surgery? Maybe that was the case at one time, but today it’s aging men who want to look good, and who are keeping cosmetic surgeons in their Mercedes.

The American Society of Plastic Surgeons (ASPS) is out with a new survey today showing cosmetic surgeries on men rose two percent in 2010. It gets a little more interesting when you break it down by category of surgery.

Facelifts for men rose 14 percent in 2010 while male liposuction increased seven percent.

The ASPS 2010 statistics show that men underwent more than 1.1 million cosmetic procedures, both minimally-invasive and surgical.

Bucking the trend

The majority of the Men’s Top 10 fastest-growing cosmetic procedures are surgical, which bucks the previous trend of growth in minimally-invasive treatments.

“The growth in cosmetic surgical procedures for men may be a product of our aging baby boomers who are now ready to have plastic surgery,” said ASPS President Phillip Haeck, MD. “Minimally-invasive procedures such as Botox and soft tissue fillers work to a point. However, as you age and gravity takes over, surgical procedures that lift the skin are necessary in order to show significant improvement.”

Most popular procedures

Here’s the list of the top 10 cosmetic surgeries performed on men last year:

• Facelift - 14% Increase 
• Ear Surgery (Otoplasty) – 11% Increase 
• Soft Tissue Fillers – 10% Increase 
• Botulinum Toxin Type A – 9% Increase 
• Liposuction – 7% Increase 
• Breast Reduction in Men - 6% Increase 
• Eyelid Surgery - 4% Increase 
• Dermabrasion - 4% Increase 
• Laser Hair Removal - 4% Increase
• Laser Treatment of Leg Veins - 4% Increase

“Typically people think of celebrities and high profile men going under the knife,” said Stephen Baker, MD, an ASPS Member Surgeon based in Washington DC. “And while that may be true, the typical male cosmetic surgery patient that I see is an average guy who wants to look as good as he feels.”

Baker said much of the new business in male cosmetic surgery is among Baby Boomers. He calls Boomer men “the new face” of the male plastic surgery trend.

It's easy to forget about your home's water heater - except when it doesn't work. Oscar, of Lawrenceville, Ga., says he's frustrated with his Whirlpool gas water heater.

"For years, I kept changing the thermocouple with the hope that I will not have to do it again next month. I was wrong; the flame in the pilot went off every two months," Oscar told ConsumerAffairs.com. "So far, I have changed the thermocouple of my new BF model many, many, many times,  and the flame continues to go off."

Oscar's complaint was much more common, once upon a time. In 2008 Whirlpool settled a class action suit that alleged the heaters were defective. Whirlpool has updated its design to reduce the amount of dust that collected in the combustion chamber, prompting the flame to go out. Whirlpool has worked hard to address this issue and, while Oscar expresses frustration that he has not been able to resolve his problem, he probably needs to bring it to the attention of someone at a higher level within the company.

Doesn't add up

Telecommunications company have recently begun "bundling services," encouraging consumers to get all their services from one source. Carol, of Houston, Tex., says it hasn't worked out that well for her.

"I have been a customer of AT&T for many years," Carol told ConsumerAffairs.com. "I saw an ad for a $99 a month U-Verse for one year. I signed up for that package with a rebate of $100. It is now March 2011 and I have been struggling with them for all these months to get billing straight. My bill has been over $200 every month."

Carol should have paperwork that was completed at the time she signed up for the service. The contract should spell out the terms. If, after carefully reviewing the terms Carol finds AT&T is not living up to the agreement, she should make her case firmly with a customer representative.

In many cases, however, consumers are confused by the packages, which include a special six-month introductory rate. The rate is low for six months, but then jumps after that. The company averages the high rate and the low rate over a 12- month period and advertises that price. Technically, that is the average rate, but consumers are often taken by surprise when the rate is higher than what was advertised.

Really hot coffee

How hard is it to make a good coffeemaker? We've received a number of complaints about different makes of coffeemakers over the years. If they aren't dripping coffee all over the counter, they're spitting sparks.

"I purchased a Cuisinart 12 cup coffee maker four months ago and it's a fire hazard!" Sylvia, of Vancouver, British Columbia told ConsumerAffairs.com. "This morning, immediately after brewing, the unit started billowing smoke and making a crackling noise. As my smoke detector sounded, I grabbed the smoking coffee maker and threw it on my balcony. A few more minutes and it would have ignited into a full flame."

We've had other similar complaints recently. Stay tuned.

Elusive degree?

For-profit colleges have come under closer scrutiny in the last year amid rising complaints from students, who feel many schools are only interested in the loans and financial aid used to pay for the courses. Faith, of Arlington, Tex., has a different complaint about Kaplan University.

"They will constantly reject paper work as a means to hold onto disbursements, but this time they have begun to get even worse with trying to get money from the students," Faith told ConsumerAffairs.com.

Faith said she is almost finished with her degree, which requires 91 credit. But recently, as she got closer to graduation, she maintains the school upped it to 106 credits.

Last year the Senate Health, Education, Labor and Pensions Committee held hearings on for-profit colleges, and last year a lawsuit claimed that Kaplan recruiters aggressively signed up students who were unqualified and enrolled students in vocational-training courses for industries that they knew to be over-staffed.

AT&T has announced that it is buying T-Mobile for $39 billion, a deal that will create the largest cellular carrier in the country and leave Sprint, long expected to merge with T-Mobile, as a very distant third to AT&T and Verizon.

However, the deal is expected to face considerable scrutiny from regulators and consumer activists are likely to object that the merger will reduce competition and raise prices although, according to the U.S. Government Accountability Office, cellular subscription costs fell 50 percent between 1999 and 2009, a period in which there was considerable consolidation.

There are also likely to be doubts that Sprint would long survive as an independent competitor, which could mean that in short order the number of full-scale competitors would be reduced to two.

AT&T now has 95.5 million wireless subscribers while T-Mobile, owned by Deutsche-Telekom, has 33.7 million. Verizon has 93.2 million.

Big win

From a technical standpoint, the deal is a big win, since both companies operate on the GSM standard, which would provide a clear path for both T-Mobile and AT&T to more quickly roll out a new 4G broadband data standard, presumably using AT&T's forthcoming LTE (Long Term Evolution) system.

In an early bid to win regulators' favor, AT&T said it was committing to a significant expansion of 4G LTE deployment to 95 percent of the U.S. population, reaching an additional 46.5 million Americans beyond current plans – including rural communities and small towns. 

This helps achieve the Federal Communications Commission (FCC) and President Obama’s goals to connect “every part of America to the digital age,” AT&T said.

“This transaction represents a major commitment to strengthen and expand critical infrastructure for our nation’s future,” said Randall Stephenson, AT&T Chairman and CEO. "Mobile broadband networks drive economic opportunity everywhere, and they enable the expanding high-tech ecosystem that includes device makers, cloud and content providers, app developers, customers, and more.”

Low rates

T-Mobile has traditionally offered some of the lowest rates of the major cellular carriers, although its network was not as widely available as its three larger competitors, which made it an impactical choice for many consumers.

AT&T is expected to honor current T-Mobile contracts but it is likely that once those expire, T-Mobile customers may have to convert to AT&T’s higher rates. On the other hand, a more geographically robust network might reduce roaming charges or signal problems for consumers who travel in rural and other currently under-served areas.

That's not an argument consumer activists are likely to accept, however.

“Don’t believe the hype,” S. Derek Turner, research director of Free Press Research, a Washington think tank, told The New York times. “There is nothing about having less competition that will benefit wireless consumers. And if regulators approve this deal, they will further cement duopoly control over the wireless market by AT&T and Verizon.”

A surprise

The deal was a bolt from the blue for telecom industry observers. It had been a closely guarded secret since at least last December, when negotiations reportedly became more intense as speculation about a Sprint-T-Mobile merger grew.

Two men who operated a service matching borrowers with potential lenders will pay $800,000 and the proceeds from the sale of a house to settle Federal Trade Commission charges that they tricked hundreds of thousands of payday loan applicants into paying for an unrelated debit card.

The FTC said it is closely monitoring payday lending and other financial services in order to protect financially distressed consumers.

According to the FTC’scomplaintSwish Marketing, Inc.and its principalsoperated websites advertising short-term, or “payday,” loan matching services. The websites included an online loan application form that allegedly tricked consumers into unknowingly ordering a debit card when they applied for a loan online.

On many sites, clicking the button for submitting loan applications led to four product offers unrelated to the loan, each with tiny “Yes” and “No” buttons. “No” was pre-clicked for three of them; “Yes” was pre-clicked for a debit card, with fine-print disclosures asserting the consumers’ consent to have their bank account debited.

Consumers who simply clicked a prominent “Finish matching me with a payday loan provider!” button were charged for the debit card. Other websites touted the card as a “bonus” and disclosed the fee only in fine print below the submit button. As a result, the FTC alleged that consumers were improperly charged up to $54.95 each.

In August 2009, the FTC charged Swish Marketing and VirtualWorks LLC, the seller of the debit card, and their principals with deceptive business practices. In April 2010, the FTC filedan amended complaintagainst the Swish Marketing defendants, adding allegations that they sold consumers’ bank account information to VirtualWorks without the consumers’ consent, and thatthe company's ownerswere aware of consumer complaints about the unauthorized debits.

It's March 18, do you know where your tax return is? Just a reminder, since the April 18 tax filing deadline is now a month away.

The fastest, and maybe the easiest way to file your federal return is using the Internal Revenue Service's (IRS) e-file system. You or your tax professional prepare your tax return and file it electronically. In many cases, the tax professional is also the Electronic Return Originator (ERO) who is authorized to file your return electronically to the IRS. Ask your tax professional to file your return through IRS e-file.

You sign your electronic tax return by either using a Self-Select PIN for e-file for a completely paperless return, or by signing Form 8453 ,U.S. Individual Income Tax Transmittal for an IRS e-file Return.

After you sign the return using a Self-Select PIN or Form 8453,the tax preparer transmits the return to the IRS or to a third-party transmitter who then forwards the entire electronic record to the IRS for processing.

Once received at the IRS, the return is automatically checked by computers for errors and missing information. If it cannot be processed, it is sent back to the originating transmitter to clarify any necessary information.

Free File

If you're on a budget and meet certain criteria, you can tax advantage of Free File, from the IRS. Free File is a public-private partnership between the IRS and the Free File Alliance, LLC. The Alliance is a consortium of approximately 20 tax software providers who make versions of their products available exclusively on line.

All Free File members must meet certain security requirements and use the latest in encryption technology to protect taxpayers' information.

The easiest way to locate a software provider is to use the online tool that, with a little of a taxpayer's personal information, can identify matching products. Or, taxpayers can review all providers and their offers. Some software providers also offer state income tax preparation for free or for a fee.

This is the third year that the Free File Alliance has provided the Free Fillable Forms program, which is like completing a Form 1040 online, except the program performs some math calculations and provides links to some IRS publications.

“IRS Free File is the one-stop shop for all taxpayers making $58,000 or less to file their federal returns,” said Tim Hugo, executive director of the Free File Alliance. “Through IRS Free File, about 100 million people have free access to the industry’s best tax preparation software and a range of forms to fit most tax situations. It’s all online, and it’s all free. Tax time can be stressful, but IRS Free File walks participants through each step of the filing process to make taxes less taxing.”

The IRS notes that Free File does not use the familiar question-and-answer format used by tax preparation software. It also does not support state income tax returns. Taxpayers can e-file the forms for free. Taxpayers must access the tax products through IRS.gov to avoid any charges for preparing or e-filing a federal tax return.

By early March, the IRS estimated almost 19 million tax returns had been filed from home computers so far this year, many of them using the Free File service.

Much of the opposition to “Obamacare” has centered around its supposedly unprecedented requirement that everyone must have a health insurance policy in place. But as a group of retired federal employees will tell you, this is hardly the only federal health program that lacks an opt-out provision. (Consumer complaints about Social Security).

A federal judge has ruled that retirees cannot opt out of Medicare Part A, the part that covers hospital stays, unless they are willing to forfeit their Social Security checks and repay all of the benefits they have already received.

Though sounding sympathetic, Judge Rosemary M. Collyer of the U.S. District Court for the District of Columbia declared her hands were tied.

“Medicare costs are skyrocketing and may bankrupt us all; nonetheless, participation in Medicare Part A (for hospital insurance) is statutorily mandated for retirees who are 65 years old or older and are receiving Social Security Retirement (so-called ‘old age’) benefits. Whether Congress intended this result in 1965 or whether it is good fiscal and public policy in 2011 cannot gainsay the language of the statute and the regulations,” Judge Collyer wrote.

The plaintiffs – Brian Hall, John Kraus, and Richard Armey – are retired federal employees who had previously been enrolled in the Federal Employees Health Benefit (FEHB) program and wanted to “disenroll” from Medicare without surrendering their Social Security benefits.

Too bad, said Judge Collyer, noting that the Supreme Court had previously recognized the “mandatory institutional health benefits (such as coverage for hospital expenses) provided by Part A.” in a 1986 decision.

“The parties use a lot of ink disputing whether Plaintiffs’ desire to avoid Medicare Part A is sensible. This is not an issue the Court needs to address,” she wrote. This dispute constitutes a case or controversy without regard to why Plaintiffs prefer other insurance coverage. ”

Under the law and Social Security regulations, the only way for an individual to avoid being “entitled” to Medicare Part A is to either not register for Social Security or submit a written request withdrawing from Social Security and returning all benefits previously paid, Judge Collyer held.

In conclusion, said the judge, “Plaintiffs are trapped in a government program intended for their benefit. They disagree and wish to escape. The Court can find no loophole or requirement that the [Health and Human Services] Secretary provide such a pathway.”

It could not be immediately determined whether the Richard Armey who was one of the three plaintiffs is “the” Richard Armey, the Texas Republican who served in Congress from 1985 to 2003 and was the House Majority Leader from 1995 to 2003.

Continental Tire is recalling about 390,000 Contitrac tires supplied as original equipment on some Ford trucks from the 2008-2009 model years. The recalled tires are:

The company said some of the tires may experience uneven wear and vibration and, in some cases, separation between the belt edges, especially when overloaded or when the temperature is very high.

Separation of the belt edges could lead to tread belt separation, increasing the risk of a crash.

Continental Tire will notify owners and replace the affected tires free of charge. the safety recall is expected to begin during march 2011. Owners may contact continental customer service toll-free at 1-888-799-2168.

Kashi, of La Jolla, Calif., is recalling approximately 2,790 pounds of Kashi Southwest Style Chicken products because the packages may instead contain Kashi Chicken Pasta Pomodoro, which contains an undeclared allergen, egg, the U.S. Department of Agriculture's Food Safety and Inspection Service (FSIS) announced today. Egg is a known allergen, which may not be declared on the label.

The products subject to recall include:

• 10 oz. Kashi Southwest Style Chicken entrees marked with UPC Code 1862729292 and bear a lot code of DEC28 11 RF B1.

Retailers should look for products labeled:

• 8-count cases containing 10 oz. packages of Kashi Chicken Pasta Pomodoro which bear lot codes DEC 28 2011 RF B1 06:00 through DEC 28 2011 RF B1 08:00.

The individual packages are labeled Keep Frozen and bear the establishment number P-17644 inside the mark of inspection. Request Foods, Inc., a Holland, Mich., establishment, produced the chicken entrees for Kashi on December 28, 2010 and the products were shipped to retailers nationwide. The problem was discovered through customer complaints to Kashi when the packaged product did not appear to be correctly labeled.

It was determined that product may have been incorrectly packaged at the end of a production run. FSIS and the company have received no reports of adverse reactions due to consumption of these products. Anyone concerned about an allergic reaction should contact a health care provider.

FSIS routinely conducts recall effectiveness checks to verify recalling firms notify their customers of the recall and that steps are taken to make certain that the product is no longer available to consumers.

Consumers with questions about the recall may contact the Kashi Consumer Response Center at (877) 864-3523 from 8 a.m. to 8 p.m. Eastern time, or visit www.kashi.com. Members of the media with questions should contact the Kashi Media Hotline at (269) 961-3799.

The good news for motorists this week is gasoline prices have stopped going up. The bad news, of course, is they are at the highest point in three years after weeks of rapid increases.

The average price of self-serve regular gas today is $3.540 a gallon, about the same price as seven days ago, according to AAA's Fuel Gauge Survey. But prices are 41 cents a gallon higher than they were a month ago and 75 cents a gallon higher than the price a year ago.

Diesel fuel prices, meanwhile, are closing in on the $4 a gallon mark, with the average price $3.929, about a penny higher than seven days ago.

Gasoline prices are only now beginning to slow down, reflecting this week’s sharp drop in oil prices, in the wake of Japan’s massive earthquake and tsunami. Energy analysts expect Japan’s oil imports will drop sharply until it begins to recover from the disaster.

However, oil prices rose back above the $100 mark early Friday after the United Nations decided to intervene in Libya’s civil war. Because of the ongoing uncertainty in that part of the world, the U.S. Energy Information Administration predicts the national price of gasoline will hit $3.70 a gallon this summer and could cross the $4 mark by the fall.

At least one state, Hawaii, already has an average gas price above $4 a gallon and another, Alaska, is not far behind.

The states with the most expensive gasoline today are:

• Hawaii ($4.073)
• Alaska ($3.946)
• California ($3.966)
• New York ($3.749)
• Connecticut ($3.744)
• Washington ($3.684)
• Oregon ($3.669)
• Illinois ($3.622)
• Vermont ($3.603)
• Maine ($3.585)

The states with the least expensive gasoline today are:

• Wyoming ($3.296)
• Colorado ($3.369)
• Missouri ($3.377)
• New Jersey ($3.386)
• Oklahoma ($3.401)
• South Carolina ($3.403)
• Tennessee ($3.406)
• Texas ($3.427)
• Alabama ($3.448)
• Mississippi ($3.449)

Unless it's a lemon, you expect a new car to perform as it's supposed to, but what about after three years of driving? That's where the rubber really meets the road.

That's why, when JD Power & Associates rates cars for dependability, they look back three model years, in this case to 2008. Topping the list in this year's survey, Ford's Lincoln brand.

Lexus was number two, followed by Jaguar, Porsche and Toyota.

Finding a reliable used car

This is also helpful news for people shopping for used cars, since many automotive experts say the best value in a used car is one that is three years old. JD Power's average dependability rating, which measures the frequency of reported problems, is lowest for the 2008 model year than any other year

When there are problems, they tend to be electronic in nature, according to JD Power. Car companies have been installing sophisticated audio and navigation systems that don't always hold up.

Overall, the Porsche 911 logged the fewest complaints of any individual model, while Toyota took a big step in restoring its reputation, collecting seven class awards. In fact, Toyota outperformed all other brands in long term dependability.

At the bottom of the list

Does the dependability survey suggest some 2008 models you might want to avoid on the used car lot? In fact, it does.

The Mini did not do well when it comes to dependability and neither did the Land Rover. Cars from the Chrysler Group did particularly poorly. Chrysler, Dodge and Jeep were among the first worst when it comes to dependability.

GM was in the middle of the pack, earning high marks for the Buick Lucerne, Cadillac DTS and Chevy Tahoe.

The Obama White House has joined the crusade for a “privacy bill of rights,” saying Americans need to be protected from intrusive data gathering. Assistant Secretary of Commerce Lawrence E. Strickling testified before the Senate Commerce Committee to sound the alarm and vow swift and forceful action.

Of course, if the data gathering is so intrusive, one might think that it would be more obvious. On the contrary, one of the most-cited arguments against data gathering is that it occurs in the background, without one being aware that one is supposedly under surveillance.

There is no guarantee of privacy in the Constitution and, although most civil liberties groups do not seem concerned by it, there is an inherent conflict between freedom of expression, not to mention the public's oft-cited “right to know” and the right to privacy.

The Obama White House's action marks a sharp turn from the hands-off-the-Internet policy followed by recent administrations of both parties. Its Congressional champions include Sen. John McCain (R-AZ) and Sen. John Kerry (D-MA).

A top aide to Sen. Kerry admonished a group of Web publishers during the last Congressional session, telling them their industry “has a problem” and saying that Sen. Kerry intended to fix it,, as part of his effort to “save newspapers.”

Sen. Claire McCaskill (D-MO) cautioned that government should move carefully in its zeal to muzzle online publishing, lest it “kill the goose that lays the golden egg” by stifling the growth of online information and ecommerce sites.

The Federal Trade Commission (FTC),whichis likely to be anointed to carry out the Administration's crusade,has no such fears however.

"The sky won't fall down on Internet commerce," FTCChairman JonLeibowitzsaid."It's going to continue.”Leibowitz did not say what effect he thought the regulations would have on news and information sites which rely on advertising and which often provide an alternative to mainstream media outlets.

Normally, a product liability suit alleges that a product was unsafe because it either did something it shouldn't have, or didn't do something it should have. But in Kansas City, a case is headed for trial that alleges a candle did what candles do – burned.

The case involves Anne Danaher, who sued Wild Oats Markets and Wally's Natural Products after her ear drum was burned during an ear-cleaning procedure that involved sticking a burning candle into her ear.

Danaher claims the injury occurred because the store sold her the candle without including the warning that the user should keep his or her head upright while inserting the burning candle parallel to the floor. (It goes without saying, one hopes, that the business end of the candle should not be inserted in the ear).

Complicating the case is the involvement of one Karen Kenney, the “ear-candler.” She performed the ear-candling procedure back in 2006 and, not having access to the warning, had Danaher put her head in a horizontal position while she held the candle perpendicular to the floor, allowing hot wax to run into Danaher's ear.

Kenney, whose training apparently consisted of reading a pamphlet called “A History of Ear Candles” obtained at a health food store also did not know that the candle should not be allowed to burn down to less than four inches. Danaher says the candle was at about three inches when she was burned.

U.S. Magistrate Judge David A. Waxse partially denied Wild Oats' motion for summary judgment and ruled the case could proceed to trial to determine whether the ear candle was defective based on a warning defect.

Waxse also allowed a negligence claim against Kenney to proceed.

Not recommended

“Ear-candling” has become popular in some circles as an alternative to more conservative ear-wax-clearing methods, even though the Food and Drug Administration has warned that ear candles “can cause serious injuries, even when used in accordance [with] manufacturers' directions.” The procedure has been banned in Canada.

The Food and Drug Administration (FDA) also said consumers shouldn't be swayed by claims that ear candling can improve hearing, relieve headaches, sinus and ear infections, purify blood, cure cancer, or improve brain functions.

"FDA has found no valid scientific evidence to support the safety or effectiveness of these devices for any medical claims or benefits," the agency said in a statement released on Saturday.

Ear candles are hollow cones about ten inches long made from a fabric tube soaked in beeswax, paraffin, or a mixture of the two. Companies that make these products claim that burning a candle in the ear creates a vacuum that draws wax and other debris from the ear canal.

But the FDA said consumers who have used ear candles have suffered burns and perforated eardrums that required outpatient surgery. These injuries happened even when consumers used the ear candles according to the manufacturer's direction, the FDA said.

Not for children

"FDA is especially concerned because some ear candles are being advertised for use in children," the agency said. "Children of any age, including babies, are likely at increased risk for injuries and complications if they are exposed to ear candles. Small children and infants may move during the use of the device, increasing the likelihood of wax burns and ear candle wax plugging up the ear canal. "Also, their smaller ear canal size may make children more susceptible than adults to injuries."

The American Academy of Otolaryngology-Head and Neck Surgery (AAO-HNS) also warns consumers about the risks associated with ear candling -- even for something as simple as removing wax from the ear canal. The organization represents specialists who treat the ears, nose, throat, head, and neck.

"Ear candles are not a safe option of wax removal as they may result in serious injury," the AAO-HNS states on its Web Site. "Since users are instructed to insert the 10" to 15"-long, cone-shaped, hollow candles, typically made of wax-impregnated cloth, into the ear canal and light the exposed end, some of the most common injuries are burns, obstruction of the ear canal with wax of the candle, or perforation of the membrane that separates the ear canal and the middle ear."

An international non-profit organization that exposes health-related frauds myths, and fallacies, has also investigated ear candling.

A report on the Web site Quackwatch, titled "Why Ear Candling Is Not a Good Idea," cited many injuries associated with the practice, including external burns, ear canal obstructions, and perforated eardrums.

The report by Dr. Lisa Roazen, who practices emergency medicine in New York City, also referred to a story in the Canadian newspaper, The London Free Press , regarding a woman who experienced stuffiness in her nose and ear pains while scuba diving.

The woman went to a local health-food store and was referred to a "qualified" ear candler. During the procedure, the woman felt intense burning in her ear. She later went to the emergency room, where doctors were unable to remove the wax that had dripped from the candle into her eardrum. The woman had to undergo surgery, the story stated.

During the operation, surgeons discovered a hole in the woman's eardrum. They suspected the ear candling caused that injury. The woman later recovered and did not lose her hearing. According to the story, the ear-candling practitioner apologized to the woman and stopped performing the procedure.

Dr. Roazen's Quackwatch report also cited two fires in Alaska linked to ear candling, including one that led to a woman's death.

"On January 27, 2005 a 59-year-old woman ignited her bedding when she dropped an ear candle that she was attempting to use in the ear without any assistance," the report stated. "The candle ignited the bedding and quickly spread to curtains and other combustibles in the room. The woman did escape but suffered an asthma attack and died in a hospital emergency room."

When Congress passed and President Obama signed the CARD Act, it put a serious dent in the billions of dollars in overdraft and other fees banks were collecting from consumers. So it looks like the banks are trying to make up for that lost revenue - with more fees.

Quietly, the large national banks have begun raising the fees they charge non-customers for using their ATMs. After all, it's not like they're putting the squeeze on their own account-holders.

In Illinois, JPMorgan Chase has raised its fee for non-customer ATM withdrawals to $5 from $3. The fee change is in effect at 1,700 ATM locations in the state.

The Chase ATMs installed at Illinois Walgreen Drug Stores are reportedly exempt from the fee increase. Non-Chase customers will continue to pay a $3 fee in those locations.

More fees

The Wall Street Journal reports consumers can expect to pay all sorts of higher bank fees in the months ahead, comparing banks to the airline industry, which has altered its business model in recent years to build revenue on fees for checked bags, snacks, and other "perks" once provided for free.

And while banks may feel safe in upping the fees for non-customers, they aren't opposed to charging their own customers higher fees as well.

Sherri, a Chase customer from Burleson, Tex., recently noticed that the bank had charged $12 fees to both her checking and savings accounts. After talking to a bank official, she learned Chase had instituted a new set of fees.

New requirements

"It seems that even though it's your money, upon making transfers online from checking to saving, you are only allowed so many per month," Sherri told ConsumerAffairs.com.  "Otherwise you get charged $12.00 a month, and you must maintain $1500.00 in your savings account in order to not be charged as well."

Sherri said she was also told that to avoid a $12 monthly service charge on her checking account, she must have at least one direct deposit per month of at least $500.