Current Events in October 2011

Halloween is supposed to be pretend scary -- but it's really scary for millions of children with asthma and allergies.  It's not just the candy and treats that can cause problems but lots of other culprits you might not think of.

Masks, costumes and accessories can bring on dangerous allergy and asthma symptoms, according to the American College of Allergy, Asthma, & Immunology. But a little planning can help your little ghost or goblin stay wheeze and sneeze-free on Halloween night, the editors of Consumer Reports advise.

Here's their list of what to watch out for: 

1)         Treats: Peanuts, tree nuts, milk and eggs are common ingredients in chocolate and other confections. For kids with food allergies, eating these Halloween treats can bring on a life-threatening reaction called anaphylaxis. But candies containing gelatin, such as gummy bears are potential triggers, too.

For children prone to food allergies, have some non-candy treats on hand, such as stickers, pencils and small toys, be wary of “fun size” candy which may contain different ingredients than regular size packages, and teach your child to politely say no to food that may not be safe.

Verify that adults or friends accompanying your child understand his or her food allergies and what to do in an emergency.  And always make sure your food-allergic child carries their EpiPen with them.

2)         Costumes: Thinking of re-using last year’s Halloween costume or taking a hand-me-down? Here’s something to consider: Halloween costumes packed away in a box for months can be laden with dust mites, which could trigger an allergic or asthmatic response.

Be sure to wash the dusty and hand-me-down costumes in hot water. Or spring for a new costume. And, whenever possible, watch out for nickel in costume accessories, from cowboy belts and pirate swords to tiaras and magic wands. Nickel can cause allergic contact dermatitis, making for an itchy, bumpy, uncomfortable kid. 

3)         Makeup: Cheap Halloween makeup may include preservatives that can cause allergic reactions, such as a rash or swelling. Opt for higher quality theater makeup, and test the makeup on a small area of your child’s skin well in advance of Halloween.

4)         Pumpkins: Pumpkin allergies, while rare, can cause itching, chest tightness, and other symptoms, and they can appear suddenly, even if you haven’t had a problem before. If you think you might be allergic, beware of pumpkin carving and pumpkin. And keep in mind that pumpkin patches are often moldy and dusty, allergy and asthma triggers for some.

5)         Decorative contact lenses: If your Twilight fan is asking for colorful, vampire-inspired contact lenses, consider this warning from the Food and Drug Administration before saying “yes”. An eye doctor must measure each eye to properly fit the lenses and evaluate how the eye responds to contact lens wear. A poor fit can cause serious eye damage, including cornea scratches and infection, conjunctivitis (pink eye), decreased vision, and even blindness.

Never buy the lenses from places that sell them without a prescription, such as street vendors, salons, novelty stores, and the Internet.

6)         Fog: If you’re planning on using a fog machine at your Halloween party, keep in mind that fog can trigger asthma in some sufferers.

Mobile security experts are warning that hackers have created a fake Netflix app for Android smartphones and tablets.

The device passes itself off as the real Netflix Android app but doesn't give you access to Netflix content. Instead, it steals your Netflix log-in information.

Security firm Symantec was among the first to sound the warning, saying existing confusion about Netflix access on the Android platform makes for a ripe situation for hackers. Symantec says Netflix has released the official Android app in bits in pieces, so that users aren't quite sure whether it works on their phones.

Good disguise

The fake app looks very much like the real one, making it even more dangerous. It asks users to log-in to their Netflix account with their user name and password. When they do, they get a message that says their device is not supported by Netflix at this time.

But as they typed in their user name and password, the fake app captured the data and transmitted it to the hacker, who can then sell it. The real app, which was initially released in the early part of the year, was only recently published to the Android Market with support for multiple devices.

Perfect cover

"A gap in availability, combined with the large interest of users attempting to get the popular service running on their Android device, created the perfect cover for Andoid.Fakeneflic to exploit," Symantec said in a blog posting.

Divided into two main parts, the fake app is mainly a splash screen followed by a log-in screen where the user information is captured and posted to a server. Symatec says at last check, it appears that the server where the data was being posted is offline.

Once a user has clicked on the “sign in” button, they are presented with a screen indicating incompatibility with the current hardware and a recommendation to install another version of the app in order to resolve the issue. There is no attempt to automatically download the recommended solution.

Upon hitting the “cancel” button, the app attempts to uninstall itself. Any attempt to prevent the uninstall process results in the user being returned to the previous screen with the incompatibility message.  

Looking to buy an iPhone 4S?  So are lots of other people and it's tempting to avoid the lines at Apple stores by buying online.  But just where online?

A report from a mystery-shopper service says that Apple.com is "hands down the best choice" and says the Apple site has superior customer service phone support and offers an "expansive" warranty program.

“Apple.com outperformed its reseller partners hands down when it comes to customer service, and we found no reason that consumers should look anywhere else,” said STELLAService co-founder and CEO Jordy Leiser. “With pricing for the
iPhone 4S uniform across all online sellers, the overall quality of customer service should be the deciding factor in choosing where to buy the iPhone 4S online.”

A STELLAService spokeswoman said the study was not funded by Apple. 

Other findings

• To evaluate the quality of customer service phone support, STELLAService rated each seller based on factors such as product knowledge, issue resolution, and overall tone and attitude of the customer support representatives. Apple.com’s representatives earned the highest score (4 out of 5), significantly outpacing others when it came to their ability to address questions (4.4 for Apple vs. 3.6 for AT&T and Verizon). STELLAService said the average customer service quality score for consumer electronics retailers was 3.7.

• While BestBuy.com allows customers to purchase the iPhone 4S online, it does not offer shipping and delivery. As of the days leading up to the iPhone 4S release, customers could only pick up the product in stores.

• Apple.com’s AppleCare+ warranty program is by far the most cost-effective.  Even though it does not cover loss and theft, the monthly fees and deductions for BestBuy’s Geek Squad and AT&T’s and Verizon’s Asurion warranties come close to the cost of buying a completely a new iPhone.

• Apple.com and BestBuy.com offer the most generous return window for a refund (30 days) versus 14 days for AT&T, Sprint, and Verizon

• Apple.com and BestBuy.com do not charge customers for returning an iPhone 4S, while AT&T, Sprint, and Verizon each have a $35 restocking fee.

• AT&T is only online seller that does not allow customers to trade-in old phones by mail. AT&T customers can only trade-in phones in-store.

Bank of America has become a consumer punching bag of late. For many customers who have expressed an assortment of frustrations with the bank, the recent announcement of a new $5 monthly fee for using a debit card was the last straw.

So it might seem somewhat surprising that the bank is getting a pat on the back from an unexpected source, Connecticut Attorney General George Jepsen, who has never hesitated to point out banks' shortcomings.

Jepsen said he was pleased by Bank of America's recent decision to open a customer assistance center in Southington, Conn., to help borrowers seeking loan modifications or other alternatives to foreclosure.

A positive step

“Bank of America has taken a positive step to help its customers,” Jepsen said. “The center will give homeowners an opportunity to have their pending applications and paperwork reviewed or to discuss their options with home retention specialists.”

Lack of attention has been a constant complaint by homeowners seeking mortgage modifications, not just about Bank of America but nearly every other lender as well. Homeowners have told remarkable consistent stories of multiple requests to fax the same documents, only to learn that their home had gone to foreclosure while continuing the modification application process.

A personal contact

“Having a personal contact will help to resolve many of the complaints Bank of America customers have brought to my office,” Jepsen said.

Customers can make an appointment at the Connecticut center to meet with a specialist by calling 860-385-9259. Appointments can be made at the center between 9 a.m. and 6 p.m. on weekdays and from 9 a.m. to 1 p.m. on Saturdays.

In addition, Bank of America will be among the mortgage lenders participating in a free homeowners’ mortgage assistance event on Nov. 15 at the Connecticut Convention Center in Hartford, which is being sponsored by Gov. Dannel Malloy, the Attorney General and the state Department of Banking.

Bank of America, meanwhile, credited Jepsen with playing an important role in helping bring the customer assistance center to Southington when it announced the center’s opening.

Jepsen met with bank representatives and in May, wrote a letter to Brian T. Moynihan, president and chief executive of Bank of America, asking the bank to commit more resources to Connecticut. The Attorney General said he was concerned about the bank’s failure to address “numerous complaints” reported to his office, the Department of Banking and the non-profit Connecticut Fair Housing Center.

Jepsen is a member of the Executive Committee of the National Association of Attorneys General multistate task force which is seeking to hold major loan servicers, including Bank of America, accountable for the unfair and deceptive default servicing practices they have engaged in across the country.

What happens when a bank forecloses on a property that's in a homeowners association? The Eatons Ferry Estates Property Owners Association, in Littleton, N.C., is wrestling with that very issue.

“American Home Mortgage foreclosed on a property in our HOA that had a lien against it for 2011 dues and penalties,” an association officer told ConsumerAffairs.com. “They have ignored our request for payment of the lien and the penalties that continue to accumulate since they took possession of the property. We have contacted them and they requested we fax the documentation. This has been done three times and they continue not to act on the account. Current balance is $600.”

This is a growing problem in large condo developments, where many units are in foreclosures. Though legally obligated as owners to keep up the assessment payments, many lenders don't.

Case of mistaken identity

Increasingly we are hearing from travelers who say they no longer use third-party travel booking sites and now book directly with the hotel or airline. Or at least, they try to.

I thought that I was booking my rooms at the Washington Hotel in Washington D.C. directly on the Internet,” said Alice, of Alabaster, Ala. “But I found out that I booked through TravelNow, which is a subsidiary of Expedia. There is nothing that tells you that you are not booking through the hotel. While at the hotel I ask the front desk agent about my discount. She said that I booked through Expedia and there was nothing she could do about the discount I was promised.”

Alice, and other travelers like her, need to make sure they are clicking on the hotel's link when they do a Google search. Travel sites often purchase sponsored links, which appear at the top of the page. Make sure you read more than the first link that pops up.

Happy behind the wheel

We get lots of complaints from consumers who are unhappy with their automobile purchase. We're delighted when we hear from one who's happy – especially since he had misgivings about it to start with.

“A few months ago I bought a 2011 Misubishi Eclipse Spyder,” David, of South Daytona, Fla., told ConsumerAffairs.com. “I was committed to purchase a Nissan 370Z when I first saw the Spyder. The styling was great, but I test drove it only because the Spyder was $8000 less than the 370Z and it came with an additional $2000 rebate. I agonized over the decision because I really wanted the Nissan and I didn't know anything about Mitsubishi cars. In the end, for the $10,000 price difference, I just couldn't pass on the Spyder. Overall, I'm very pleased with the Spyder. You need only to hit a bump in the road or cross a rail road track to feel how well built this car is. On the negative side, if I was asked to make improvements to this car I'd suggest higher quality leather seats and an improved turning radius. If I need to make a U-turn I look for a K-Mart parking lot.”

David said the car gets decent gas mileage and the monthly insurance premium is $60 less than the Nissan.

Expensive junk mail

Greg, of Colorado Springs, Colo., is getting some unwanted mail. What's new about that? Because he's being charged for it.

“We started receiving some silly newsletter from Progressive Business Publications not even related to my industry, then they wanted to charge exorbitant prices for their worthless publication,” Greg said. “I contacted them and told them to discontinue sending it, We do not like it, nor want it. We will not pay for it. They informed me I had to pay or they would ruin my company's credit rating. I agreed to pay and told them to stop sending the worthless paper to me.”

Greg may not realize it, but he's getting the newsletter because of a negative option marketing transaction. Likely, a telemarketer talked to someone in his company and used that conversation as an excuse to execute a “sale.” Greg should report it to Colorado Attorney General John Suthers.   

When the going gets tough, the tough ... well, they get going and hire some more "governmental affairs" representatives.  Lobbyists, in other words.

Netflix is the latest rough and tough high-tech firm to realize it needs to lawyer up and get ready for the next rack of shoes to drop on its once-peaceful video-rental business.

Netflix customers haven't taken to the streets to protest the company's new rate structure but that may only be because so many of them are already out occuping Wall Street, Main Street and everything in between.

But consumers are still outraged at Netflix.  A ConsumerAffairs.com computerized analysis of about 4 million consumer comments on Facebook, Twitter and other blogs and social media finds the company's approval rating continuing to plunge -- falling from a 60% positive rating a year ago to a dismal 14% today.

Besides the consumer revolt, Netflix faces the usual raft of 21st Century problems -- broadband regulations, privacy rules, telecom and cable conniving and growing resistance from Hollywood rights holders -- and also a 19th Century headache that could be the hardest to solve, namely the sorry state of the Post Office.

New hires

Helping to pull the wagons into a circle will be two new hires --  Victoria Luxardo Jeffries, most recently of the Federal Trade Commission, and Colin Bortner, late of Monument Policy Group.

Jeffries will be a senior manager of government relations.  And Bortner?  Well, he'll be manager of goverment relations.  

Jeffries comes from the a division of the Federal Trade Commission’s bureau of competition that oversaw merger reviews in the high-tech industry and of video rental services. She will begin at Netflix later this month.

At Monument,  Bortner advised Netflix and other Web firms including Zillow, Travelocity and Microsoft.

“I’m pleased to welcome Victoria and Colin to Netflix’s Washington, D.C., office and look forward to working with them as we expand globally and address important consumer issues within a thriving digital economy,” said Michael Drobac, director of government relations for Netflix, according to Politico.

Riding roughshod

The digital economy is all well and good but it was the U.S. Postal Service that originally brought Netflix to D.C.  It began lobbying in 2005 on just a single issue -- postal rate reform.  The price of a stamp is a big deal when you buy millions of them, after all.

Now that Netflix has all these directors, managers and senior managers of government relations, it is obviously hoping to do a lot more managing of a lot more issues.  

Netflix is still a small presence in Washington, perhaps spending less than $1 million per year on lobbying, although with all the new hires and all that senior government managing, that's likely to change quickly.

If you can believe it, the company didn't even have any lobbyists until late 2010.  Can you imagine?  No lobbyists!  

Drobac was the first hire.  He was formerly a Hill staffer for Sen. Kay Bailey Hutchison (R-Texas).  Drobac has also been a log-roller for Expedia, the IAC/InterActive Corp. and the Online Publishers Association.

Whether all these handlers will be able to help Netflix avoid any future blunders remains to be seen but if the company has any hope of becoming the globe-straddling video-streaming goliath of its founder's dreams, its likely to find the need for more lobbyists, government relations and public affairs operatives grows as fast as its bandwidth cravings, if not faster. 

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Researchers at Mount Sinai School of Medicine say they have found that conflicts of interest are prevalent and potentially underreported among individuals participating in the development of clinical practice guidelines, which greatly influence standards of patient care.

In a study published online BMJ: The British Medical Journal. the researchers say their findings provide more evidence of the potential influence of industry on medical practice recommendations.

How, exactly, do you measure a potential conflict of interest? The Mount Sinai team reviewed the panel members involved in the development of clinical practice guidelines for two highly prevalent conditions— diabetes and high cholesterol—from major organizations in the United States and Canada, such as the American Diabetes Association (ADA), the American Heart Association (AHA), and government-sponsored organizations, such as the U.S. Preventive Services Task Force (USPSTF).

Conflicts? What conflicts?

Of the 288 total panel members evaluated, 150, or 52 percent, had what the researchers consider a conflict of interest. In addition, they found that panel members developing government-sponsored guidelines had significantly fewer conflicts than those from the non-government sponsored guideline panels. Lastly, they revealed that one out of nine panelists who formally declared no conflict did, in fact, have a conflict of interest.

“Guidelines inform evidence-based practice and ultimately protect patients, so safeguarding against potential sources of bias is important," said the study’s lead author Jennifer Neuman, MD, Instructor of Preventive Medicine at Mount Sinai School of Medicine. “The majority of guideline panel members and half of guideline panel chairs in our study received some sort of compensation from industry, indicating a risk of industry influence on guideline recommendations. But, we found that government agencies were able to effectively staff their guideline panels with individuals with few conflicts of interest, therefore it is possible to convene panels with minimal conflict of interest.”

Many consumer advocates have warned that drug companies have, over the years, compromised the independent judgment of medical panel participants with cash and gifts, creating a conflict of interest between doctors and pharmaceutical companies and medical device manufacturers.

In a 2009 report, the New Jersey Department of Consumer Affairs issued a set of recommendations to address the impact of potential conflicts on patient care, and set forth new policies to be considered by the state Board of Medical Examiners, the Board of Pharmacy, the Department of Health and Senior Services and academic medical centers.

The U.S. Food and Drug Administration has also promised more transparency in the drug approval process.

Greater transparency

The Mount Sinai authors said they support the efforts by the Institute of Medicine and other prominent medical organizations around the world to increase transparency and decrease potential industry bias on guideline development panels.

“Conflict-free guideline panels are feasible and would help to improve the quality of the guideline development process,” they concluded.

There's a paradox in air travel: the seats keep getting smaller and the passengers keep getting bigger.  

This can make for some pretty uncomfortable flights but most major airlines tend to look the other way, hoping passengers will somehow work it out.  Or just suck it up.

Southwest Airlines, however, has for some time required "customers of size" to buy a second seat.  And now, Atlanta-based AirTran -- recently acquired by Southwest -- is doing the same, according to the Atlanta Journal Constitution.

As of March 1, AirTran will require the purchase of more than one seat for a passenger who "in the carrier's sole discretion," can't fit into a single seat with the armrest lowered, said the newspaper, quoting AirTran's contract of carriage.

Until now, AirTran has not had a written policy about its passengers' girth although agents have sometimes suggested that unusually hefty travelers upgrade to business class.  Southwest doesn't have a business class on its planes, unless you regard two coach seats as amounting to business class.

Delicate subject

Assessing one's bulk can be a delicate subject but Southwest has managed to pin it down pretty well, saying that customers of size are "those who encroach upon any part of the neighboring seat[s], ,,, The armrest is considered to be the definitive boundary between seats."

AirTran doesn't serve Newark, N.J., so Gov. Chris Christie won't be affected.  Besides, he can just use his helicopter. 

Southwest says the policy affects fewer than one-half of 1 percent of its customers and notes that passengers who buy a second seat can request a refund if it turns out that the flight wasn't full.

While Southwest's policy may seem harsh, the carrier says it adopted its rule in response to complaints from passengers who objected to the intrusion of their traveling companions' adipose tissue into their airspace.

Big shoulders, on the other hand, aren't a problem since, as Southwest notes, "The upper body can be adjusted."

Southwest and AirTran policies are silent on the subject of sharp elbows.  

Good will

Other than the wide load issue, AirTran seems to have built up a relatively hefty reservoir of good will.  There are the usual complaints in our consumer review section but neither the number nor the ferocity matches those of larger airlines.

Likewise, a survey of online comments found little discussion of AirTran pro or con.  We found only 300 or so comments on Facebook, Twitter and other social media and blogs, most of thenm dealing with baggage, schedules and customer service.

A federal class action claims Frontier Communications defrauds its Internet customers by illegally collecting taxes and surcharges it falsely claims are governmentally imposed, Courthouse News Service reported.

In the suit, the plantiffs claim that Frontier, which primarily serves customers in rural areas, has charged Internet customers local and state taxes and fees that are prohibited under the Internet Tax Freedom Act, the Federal Communications Act and state law.

The suit says Frontier has also imposed 911 fees on its Internet customers, even though customers are unable to call 911 from the Internet and has charged Internet customers Universal Service Fees, from which Internet service is exempt.

Frontier has also imposed a so-called "HSI surcharge" on its customers, claiming that it is governmentall required or specifically authorized.  In fact, says the suit, the HSI surcharge is neither.

"It is merely a junk fee that Frontier imposes on customers," the suit argues.  "The fee bears no relationship to any governmnetally-imposed fee or regulation, and is nothing other than an effort by Frontier to increase prices above advertising prices."

The named plaintiffs in the suit are Clint Rasschaert, of Minnetrista, Minn., Ed Risch of Farmington, Minn., Verna Schuna, of Scandia, Minn., and Pamela Schiller of Chester, N.Y.

Frontier, headquartered in Stamford, Conn., was formerly known as Citizens Telecommunications Company.  It changed its name in March 2003.  In July 2010, it took over local telephone and Internet service in many rural areas previously served by Verizon and now operates in 27 states, with 7.4 million customers.

The suit seeks refunds and damages for all consumers charged the disputed fees.  It was filed in U.S. District Court in Minneapolis by Nichols Kaster, PLLP.

The Internet continues to grow and offer new resources for enterprise and education, but the threats to the integrity of the network will only grow, warn researchers at Georgia Tech.

In the coming year, there will be increasingly sophisticated means to capture and exploit user data, as well as escalating battles over the control of online information that threatens to compromise content and erode public trust and privacy.

They are among the findings announced by the Georgia Tech Information Security Center (GTISC) and the Georgia Tech Research Institute (GTRI) in this week's release of the Georgia Tech Emerging Cyber Threats Report for 2012. 

Search poisoning

According to the report, we'll be hearing more about “search poisoning” in the coming year. Attackers will increasingly use SEO techniques to optimize malicious links among search results. Users will be more likely to click on the malicious URL because it ranks highly on Google or other search engines.

Mobile web-based attacks will also become more numerous, according to the researchers. We can expect increased attacks aimed specifically against mobile Web browsers as the tension between usability and security, along with device constraints (including small screen size), make it difficult to solve mobile Web browser security flaws.

There will also be growing interaction between cyber criminals and legitimate businesses, especially when it comes to stolen data that has marketing value. The report notes that the market for stolen cyber data will continue to evolve as botnets capture private user information shared by social media platforms and sell it directly to legitimate business channels such as lead-generation and marketing.

Unprecedented sophistication

“We continue to witness cyber attacks of unprecedented sophistication and reach, demonstrating that malicious actors have the ability to compromise and control millions of computers that belong to governments, private enterprises and ordinary citizens,” said Mustaque Ahamad, director of GTISC. “If we are going to prevent motivated adversaries from attacking our systems, stealing our data and harming our critical infrastructure, the broader community of security researchers—including academia, the private sector and government—must work together to understand emerging threats and to develop proactive security solutions to safeguard the Internet and physical infrastructure that relies on it.”

The take-home conclusion of the report is that businesses, governments and individuals can no longer assume their data is safe in perimeter-protected networks. Attacks penetrate these networks daily.

“Our best defense on the growing cyber warfront is found in cooperative education and awareness, best-of-breed tools and robust policy developed collaboratively by industry, academia and government,” Ahamad said.

During the financial crises of 2008-09, many U.S. banks took government bailouts. One of them, United Commercial Bank of San Francisco, collapsed anyway after taking $300 million from the U.S. taxpayers.

Now, two former executives of United Commercial have been indicted on criminal and civil fraud charges over their alleged roles in trying to hide losses on loans. Former chief operating officer Ebrahim Shabudin and first vice-president Thomas Yu face four counts each.

The charges include conspiracy, securities fraud, falsifying corporate books and records, and making false statements to the accountants of a public company. The two men appeared in court this week and were released on bond.

United Commercial took close to $300 million in federal bailout money in November 2008 and eleven months later, was shut down by the Federal Deposit Insurance Corporation (FDIC). At the time, it was said to have more than $11 billion in assets, with branches in Hong Kong and Shanghai.

The Securities and Exchange Commission (SEC) has filed suit against the two former executives, along with former CEO Thomas Wu, charging they concealed more than $60 million in losses.

If banks are having a tough time in this economy, it stands to reason they wouldn't be turning away customers, right? After all, they produce advertisements trying to get new customers! So Amelia, of Laredo, Tex., was surprised when Chase Bank closed her checking and savings accounts with no explanation.

“There is a reason for everything and that's the least explanation I and every customer deserves,” Amelia told ConsumerAffairs.com. “What is their problem? They just can't leave you hanging there. I just use my account for little debit card expenses and have most of the time my balance over one hundred but less than one thousand. I really would for someone to tell me what's going on.”

If it makes Amelia feel any better, no one seems to know what's going on. Last month KING-TV in Seattle reported on a couple who had their Chase accounts closed in a situation almost exactly like Amelia's. The station reported it never did get an explanation. ConsumerAffairs.com has gotten reports from a few other consumers, who incidentally were former Washington Mutual customers acquired by Chase, who have had their accounts closed with no explanation. Two years ago, Chase also closed a large number of credit card accounts – almost all of them former Washington Mutual cardholders. Washington Mutual seems to be the common thread.

Cellular Shock

Oh my! Camille, a student from Portland, Ore., made her first trip abroad last month and had heard all about huge international cell phone roaming charges.

“I was not sure how my phone could be used so I contacted Verizon September 1, 2011 prior to leaving to learn what my options were,” Camille said. “The representative I spoke with asked me how my phone would be used and I explained I was traveling alone and may need the phone to search things on google, check email, and make a limited number of phone calls and text messages. I was told all that was needed for that type of usage was an additional $30 international data roaming and an upgrade to $4.99 for international calling so that my per minute rate would decrease. I accepted the plan.”

Camille said she arrived in Paris September 7. The following day, she said she received a text message from Verizon saying her data usage had exceeded $7,000! Seven-thousand dollars in one day.

“I immediately called Verizon Global customer service and was told how to shut off data roaming and that they did not understand what had happened and that there must be an error,” Camille said.

Pretty big error. Unfortunately, Camille says nothing has been done about the error. Hopefully, Camille can straighten this out because she purchased a roaming plan for the trip, accepting the plan suggested by the Verizon customer service rep. But getting someone at Verizon to own up to this may not be easy. She might try going the PR route, contacting Verizon Wireless corporate communications at 908-559-7512 and politely ask for help before she goes public with her problem.

Another perspective

We get a lot of complaints about the Your Baby Can Read package, most of them about the company, not the product. But to those who find the product doesn't work, Tiffany, of Atlanta, Ga., has tried it and has some advice.

“My mother-in law purchased the Your Baby Can Read package for my son last year, and at the time he was almost 12 months and he showed interest in the DVDs,” Tiffany told ConsumerAffairs.com. “He especially liked the sing along songs. We would all get excited when my son would say a word and when he would watch it by himself my husband I would peek in on him while he would say the words. I think it depends on the child and their attention span. Every child is different. What works for one child may not work for another. Make sure you are showing the video as well as reviewing the cards and books with your child and be patient with your child.”

Sounds like good advice.

“According to some complaints, this business tracked consumers down using GPS devices and then repossessed vehicles even though consumers were current on payments,” Bondi said. “Nearly 80 consumers filed complaints with our office, and our priority in this case is to return money to harmed consumers through restitution and to halt any fraudulent business practices.”

The complaint includes eight counts. One count alleges willfully using or threatening force or violence by using obscene and harassing language when dealing with customers

The remaining seven counts allege violations of Florida’s Deceptive and Unfair Trade Practices Act:

• Requiring certain consumers to purchase credit life insurance, credit disability insurance and GAP insurance as a condition of sale;
• Tracking vehicles via GPS tracking devices without consumer knowledge or authorization;
• Adding to the price of the car a pre-printed, flat charge entitled “Pre-Delivery Inspection” fee using the pre-printed Used Vehicle Bill of Sale without disclosing the nature and purpose of the fee and without providing required disclosures;
• Keeping consumers’ deposits without adequate disclosure;
• Posting false reviews on the Internet;
• Engaging in the business of selling motor vehicle retail installment contracts without a license through the Office of Financial Regulation; and
• Wrongfully, unfairly and unconscionably repossessing consumers’ vehicles.

There may not be any shortcuts for people who want the health benefits of eating vegetables by taking a pill.

New research has found that a key phytochemical in broccoli and other cruciferous vegetables s poorly absorbed and of far less value if taken as a supplement.

The study, published by scientists in the Linus Pauling Institute at Oregon State University, is one of the first of its type to determine whether some of the healthy compounds found in cruciferous vegetables can be just as easily obtained through supplements.

The answer is no.

And not only do you need to eat the whole foods, you have to go easy on cooking them.

Not a simple question

"The issue of whether important nutrients can be obtained through whole foods or with supplements is never simple," said Emily Ho, an OSU associate professor in the OSU School of Biological and Population Health Sciences, and principal investigator with the Linus Pauling Institute.

Ho notes that some vitamins and nutrients, like the folic acid often recommended for pregnant women, are actually better-absorbed as a supplement than through food. Adequate levels of nutrients like vitamin D are often difficult to obtain in most diets.

“But the particular compounds that we believe give broccoli and related vegetables their health value need to come from the complete food," Ho said.

Missing enzyme

The reason, researchers concluded, is that a necessary enzyme called myrosinase is missing from most of the supplement forms of glucosinolates, a valuable phytochemical in cruciferous vegetables. Without this enzyme found in the whole food, the study found that the body actually absorbs five times less of one important compound and eight times less of another.

Intensive cooking does pretty much the same thing, Ho said. If broccoli is cooked until it's soft and mushy, its health value plummets. However, it can still be lightly cooked for two or three minutes, or steamed until it's still a little crunchy, and retain adequate levels of the necessary enzyme.

If it seems like everyone on the street is talking into a cell phone, it's because there are a lot of cell phones in use in the U.S.

CTIA – The Wireless Association, a trade group representing wireless providers, is out with its annual survey showing that there are actually more cell phones in use than there are people in the U.S.

The U.S., Puerto Rico, Guam and the U.S. Virgin Islands have a total population of 315.5 million. At last count, CTIA says there are 327.6 million cell phones.

In the last year, subscriber connections have grown nine percent. Wireless network data traffic has doubled and the number of active smartphones and wireless-enabled PDAs has risen from 61.2 million to 95.8 million, a 57 percent increase.

Bad sign for consumers? 

But other growth numbers aren't so good for wireless providers, meaning they may not be so good for consumers in the future.

Starting with the fact that there are now more cell phones than people, doesn't that suggest fewer new customers to be had? True, consumers will trade in their old phones for new ones, but usually on a two-year cycle.

Despite all the growth in the other wireless statistics, the average monthly wireless bill has actually gone down one percent in the last year, dropping from $47.47 to $47.23. There's also virtually no growth in minutes used. Minutes of use rose just one percent to 1.148 trillion minutes.

All this means Verizon, AT&T, Sprint, T-Mobile and other providers may be looking at a maturing market in which just about everyone now has a cell phone. Customers are using about the same number of minutes each month and their bills aren't going up.

Texts are cash cow – for now

True, text messages are a lucrative source of revenue for wireless providers, and the CTIA survey shows consumers sent and received 1.138 trillion text messages in the last year – a 16 percent increase. But new apps that allow consumers to bypass those texting fees are sure to cut into future revenue.

What does all of this have to do with consumers? For wireless companies to achieve consistent growth, which their shareholders expect, there will be pressure to find new sources of revenue, which could come in the form of higher rates to consumers.

Billions for network expansion

To handle the growing voice and data traffic, providers will also have to spend money to improve their networks. From June 2010-June 2011, wireless capital investment increased by 28 percent to $27.5 billion, according to CTIA. Since 2001, wireless companies have reported a cumulative total investment of $223 billion.

It's one thing to spend that kind of money when your market is growing at a double-digit rate, but quite another when the market is reaching a saturation point.

CTIA sees none of these problems on the horizon, however. Steve Largent, CEO of CTIA says demand will increase by 50 percent over the next five years. The big problem, he says, is the need for additional spectrum.

“By making underutilized or unused spectrum available for auction, carriers will continue to invest billions of dollars in their infrastructure, generate hundreds of billions of dollars in benefit to our economy and create up to a half a million new jobs while ensuring the U.S. maintains its position as the world’s wireless leader,” Largent said.

Your friends text you. Maybe even your parents text you. But if you get a text from your bank, it pays to be more than a little suspicious.

In Washington State, Attorney General Rob McKenna has seen a pick-up in reports of text messages that appear to be from a bank or financial institution, but are really attempts by scammers to capture financial information and drain credit card and bank accounts.

Such text message scams are called “smishing.”

“If you don’t wish to be smished, ignore text messages that look like they’re coming from your bank or credit card,” McKenna said. “Flip over your credit or ATM card and call the number on the back. If there’s a problem with your account, that’s the best way to find out.”

Complaints

Consumers began contacting the Attorney General’s Consumer Protection Division last week complaining about calls to their cell phones from those posing as Wells Fargo employees. An automated voice suggested that the customer’s account has been breached and directed them to “press one” for assistance. They were then connected to a person who asks for sensitive account information.

Many of the calls came to those who don’t even have Wells Fargo accounts. As the week progressed, the scam morphed to text messages from those posing as representing Bank of America, Chase, Citibank and Capital One.

“Phishing” scams trick consumers into turning over account numbers, PINs, credit card security codes, usernames, passwords and other sensitive information. “Smishing” is a similar scam launched over SMS (Short Message Service) messages – better known as text messages.

Scammers have long phished by phone and email. The text scam is a somewhat new variation. Security experts recommend that consumers never respond to any message requesting account or personal information. Instead, contact the institution using a phone number from a statement or from your bank or credit card company’s official Web site.

When Tropical Storm Lee soaked the Mid-Atlantic last month, Pennsylvania was particularly hard hit, with flood waters damaging homes and businesses. Russell, of West Pittston, Pa., said he lost his Verizon telephone and DSL service on September 8 and still hasn't gotten it back.

“Verizon wants to charge us from September 8 through early October even though they know there was no service at my home,” Russell told ConsumerAffairs.com. “The flooding caused by tropical storm Lee in West Pittston caused major damage to Verizon's equipment. A Verizon field worker confirmed it was taken out by the flooding and it was impossible to get service to my address.”

Russell's point is, why should he be billed for service he is not receiving? It's a legitimate question. Surely a big company like Verizon is insured against damage and loss of business income. If they are being compensated, is it fair to charge a customer who received no service? If might be a good question for Pennsylvania Attorney General Linda Kelly. 

Possible sign of identity theft

Charles, of Levitown, Pa., has been receiving calls lately from Capital Accounts, a bill collector, seeking to collect a debt that Charles insists is not his.

“This agency has posted an account on my credit report and I believe it is not me,” Charles said. “I spoke to one of their agent in charge of my account, explained to him I have been living in Pennsylvania, not New Jersey since January 25, 2007, the date on the bill. I offered to send my driver license and maybe my tax return to prove that I didn't live on the address used.”

First, Charles should act promptly to make sure the bill is not the result of identity theft. He can do that by pulling credit reports from all three credit agencies. He can get them free by going to www.annualcreditreport.com. Once he's assured that it is simply an isolated mistake, he should not try to resolve it through the bill collector, but by disputing it through the credit reporting agencies.

Mind of its own

Joseph, of Oak Park, Calif., has a safety issue with his Magic Chef microwave oven.

“It turns on by itself at random times during the day,” Joseph told ConsumerAffairs.com. “The keypad is unresponsive, the unit beeps to show 3.5g, then it beeps to show cooking for 1:40 min. The first time it happened under warranty and I replaced the whole unit. Now this second unit is doing the same thing, so I keep it turned off for safety.”

Good idea. Our advice to Joseph is to notify Magic Chef, in writing of the problem, and it also send a report to the Consumer Product Safety Commission.

A lesson about payday loans

Lesa, of Silt, Colo., has learned about payday loans the hard way.

“I was in dire need of cash for a medical procedure so I went into Allied Cash Advance and found I qualified for a loan in the amount of $950.00,” Lesa said. “ The loan was very fast and easy to obtain. The person that helped me was pleasant enough, but very hurriedly went through all the terms and interest rates and charges. I should have listened more closely and read the fine print front to back! I am paying a fee of $135.00 every month and $12.00 in interest every month and that's not even paying on my loan! I can't believe I was so naive. Never again, Lesson learned!”

Lesa said she has paid $200 a month for six months and still owes $850.

A RICO class action accuses Sony Entertainment and ringtone provider Flycell of cramming unasked-for "services" onto cell phone bills.

The lead plaintiff, an Air Force pilot, says the facts show "the depth to which some of the most powerful combatants will go in order to steal billions of dollars from unwitting and relatively helpless consumers," Courthouse News Service reported.

Mark Smith, of South Carolina, says he learned of the charges when he went to an AT&T store to complain about dropped calls, poor reception and high charges.

As he and an AT&T employee pored over Smith's 68-page bill, they found charges totalling $19.99 from Flycell.

"Further investigation of prior billings disclosed that AT&T had billed on behalf of Flycell charges of $19.99 every month for over a year" even though Smith inisists he had never heard of Flycell and had not knowingly purchased any Flycell products.

"Media content"

"At no time did plaintiff agree to pay for media content from Flycell," Smith says in the suit.

And just what is this Flycell?

It describes itself as "an online hub for customers to download cell phone ringtones, graphics, games, entertainment, and sports programs." It is a wholly owned subsidiary of New York-based company Acotel, which is also named as a defendant in Smith's suit, which was filed in U.S. District Court in Manhattan.

Smith said it took him two solid months of complaining to get the charges reversed.  He seeks an injunction against further cramming and treble damages for fraud, RICO conspiracy and unjust enrichment.

Smith is hardly alone. ConsumerAffairs.com has been publishing consumers' complaints about Flycell since at least 2006, most of them remarkably similar to Smith's.

"This company randomly solicited their ring tone services to me, which I declined. I then responded STOP as instructed to deny services and charges, but they have been charging me anyway," said Lauric of El Segundo, Calif., in a recent complaint. "This company scams money from people and provides no contact information to cancel and/or question these fraudulent charges. Something needs to be done. I have been receiving $10 a month in fraudulent charges on my cell phone bill."

The Federal Communications Commission defines cramming as "the practice of placing unauthorized, misleading, or deceptive charges on your telephone bill," according to the complaint.

AT&T is not a defendant in Smith's suit.