Current Events in January 2012

A federal class action lawsuit says Intuit charges usurious "quadruple-digit interest rates" as fees for using the "free" online edition of its TurboTax software.

Tasha and Frederick Smith say they used Intuit's online tax preparation software in 2009, 2010, and 2011. Each time, they say, they deferred paying the $86.90 fee to use the software, and chose to have it deducted from their tax refund, Courthouse News Service reported.

Intuit charged them another $29.95 for this, more than 34 percent of the $86.90 fee, the Smiths say. Their suit alleges that Intuit violates the Truth in Lending Act, and California business and usury laws.

The Smiths, who live in Arkansas, say that each year they received their refund from the IRS in about two weeks.

"Plaintiffs paid $29.95 for an approximate 14-day loan of $86.90," the complaint states. "The APR, properly calculated in accordance with TILA, was an exorbitant quadruple-digit interest rate. Such interest rates also violated California's usury laws."

Service fee

Intuit calls the $29.95 charge a Refund Processing Service Fee. The Smiths call it "a ruse and merely a device through which usurious interest would be exacted".

The Smiths may be onto something but, considering how distasteful the subject of taxes is, most consumers seem fairly satisfied with TurboTax.  We analyzed 74,000 consumer comments on Twitter, Facebook and other social media and found positive sentiment running high:

Most of the complaints we hear at ConsumerAffairs.com have to do with alleged errors and billing problems.

"D" of Mineola, Teas, for example, said that he used TurboTax Premier 2010. Software and that it allowed a passive loss on rental property even though his family's income was above $150,000.  The result was an IRS audit and $5,000 or so of additional taxes, penalties, interest and expense.

"T" of Deerfield Beach, Fla., also found himself in trouble with the IRS after using TurboTax.

"In 2010 I used a free version of Turbo Tax online," he said. "At that time of completing the taxes, I was only able to retrieve a cover page ... indicating the refund due me and four other lines. The 1040EZ was not attached. I saved what was available to my computer and was grateful I was receiving a refund."

But T's gratitude was short-lived: "Now, a year later I am being contacted by Internal Revenue citing I owe them as the witholding amount was different than that indicated on my W2."

If you are in the market for a used vehicle, time is of the essence, according to Kelley Blue Book, a provider of new- and used-car information.

The company says it expects used-car values to increase three to five percent in the first quarter of 2012, with gains continuing into the second quarter. Making a purchase early in the quarter, Kelly says, can help you get a better deal.

Used car values have been flat through the first two weeks of January; although, a handful of segments have started to increase earlier than originally anticipated. Non-luxury cars and crossovers increased between $50 and $10  in the past week alone, and they will likely continue to rise in the weeks and months ahead, the company predicted.

Slowdown in lease returns

One reason for the upward pressure on prices is a slight slowdown in lease returns and an aging fleet of vehicles. Kelly said that's likely to keep prices high through most of this year, potentially higher than the record levels established in 2011. The inventory of late-model used cars is often made up of leased vehicles and corporate and rental car fleets.

"Consumers eyeing one of the many highly acclaimed redesigned 2011 model-year vehicles for their next used car should be prepared to pay a significant premium," said Alec Gutierrez, senior market analyst of automotive insights for Kelley Blue Book. "For example, the 2011 Chevrolet Cruze and Kia Optima currently maintain a premium higher than 40 percent versus the 2010 model-year counterpart, significantly outperforming the Honda Accord and Toyota Corolla, which weren't redesigned for model-year 2011."

Redesigns are attractive

Car shoppers are often attracted to a model that has undergone a major redesign, setting it apart from earlier models. Car salesmen know this and attach a premium to these cars, especially when the outgoing generation was an under-performer in its segment.

Increasingly, consumers turned to cars that are one to three years old instead of purchasing a new car . New cars have always carried a higher price that often goes down as soon as the new owner drives it off the lot.

But Kelly says even used cars are going to be more expensive this year. No matter what vehicle a shopper may have in mind, higher prices are the reality of today's market and used vehicles will only become more expensive and difficult to come by as time goes on, the company said.

Companies hoping that Twitter and Facebook were just passing distractions for their employees are in for a disappointment. Research by Palo Alto Networks, a security company, suggests explosive growth in global social networking and browser-based file sharing on corporate networks.

The company said it found a 300 percent increase in active social networking compared with activity during the same period in the latter half of 2010.

"Whether or not employees are using social networks or sharing files at work is no longer a question; this data clearly demonstrates that users are embracing and actively using such applications,” said René Bonvanie, chief marketing officer at Palo Alto Networks. "Companies must determine how to safely enable these technologies on their networks so that users can maintain the levels of productivity that many of these applications can afford, while at the same time ensuring that their corporate networks and users are protected against all threats.”

Gobbling bandwidth

Among the findings, Twitter use has surged, growing by 700 percent year-over-year. Since October 2010, social networking usage patterns have become more active with bandwidth consumption for Facebook Apps, Social Plugins, and posting increasing from five percent (October 2010) to 25 percent (December 2011) when measured as a percentage of total social networking bandwidth.

The report also found that file sharing sites continue to be used on most networks, appearing on the networks of 92 percent of the participating organizations. In total, 65 different browser-based file-sharing variants were found with an average of 13 being used in each of the analyzed organizations.

The report also explores a variety of risks associated with browser-based file-sharing applications, which varies by application and use case. However, the use of evasive techniques by these applications implies that they are often operating unchecked on corporate networks, the report warned.

If you own a business that accepts credit or debit cards, you will receive a new form – 1099-K – from your credit card processor by January 31. You'll file that with your tax return, as a statement of income.

The form must be generated to show the following transactions:

• All payments made in settlement of payment card transactions (e.g., credit card); 
• Payments in settlement of third party network transactions IF:
• Gross payments to a participating payee exceed $20,000; AND
• There are more than 200 transactions with the participating payee.

 That means if your business generated less than 20,000 in credit or debit card sales last year, or fewer than 200 credit or debt card transactions, you won't be getting a form and it isn't required as part of your return.

Filing deadlines and procedures

1099-Ks are due to merchants by January 31, 2012. Electronically filed 1099-Ks are due to the IRS April 2, 2012 (normally March 31), while paper 1099-Ks are due February 28, 2012.

It's not just banks and credit card companies that have to issue the new form. So do third party networks such as PayPal and Google. That's where some consumers could find themselves caught up in the new reporting requirements.

The IRS generally isn't interested in what you make at your annual yard sale. But if you have a booming business selling other people's unwanted junk on eBay, and you made more than 200 PayPal transactions totalling over $20,000, then you'll be getting a form and you have to file.

The new requirement is part of a law Congress passed in 2008 in an effort to help the IRS collect more revenue.

Most scams have been around, in one form or another, for years. Once a scammer finds something that works, they tend to stay with it. However, now and then someone comes up with something new. Cathleen, of Ottawa, Ontario, fell victim to a pitch for phony training courses.

“My husband and I were approached at home in the spring of 2010 and paid for CPR training, which we were told we could take any time up to April 2013,” Cathleen told ConsumerAffairs.com. “We were told that the courses were offered continuously, and we were given a list of locations and a number to call to book. That number is not in service, and in searching the web - yes, I know I should have done that first - I realize that we have been scammed. I hope something can be done about it. We paid $120 each for the course.”

A good rule of thumb is to be wary of anyone selling something door to door. While the traveling peddler has a long and rich tradition in commerce, lately it's rarely worked out well for consumers.

Phantom interest?

Thomas, of Longmont, Colo., says he paid off his Capital One credit card, in full, back in August and hasn't used it since. So he was surprised when he recently got a bill.

“Capital One created phantom charges, added interest and then late payments,” Thomas said. “Now I 'owe' $104.28. Not only do I owe $104.28 for no products or services delivered in return, but my credit report was dinged as well because I didn't know I could be charged phantom fees and interest.”

Thomas didn't say if he went back and looked at statements, but he should have. Capital One could not have charged him fees and interest without leaving a paper trail. When paying off a balance, make sure you know when the payment clears. Otherwise, you could be in for a nasty surprise.

You have to read the rental agreement

Mathew, of Blairsville, Ga., says he was told one thing but charged another when he rented a truck from U-Haul.

“I was told it would be $29.92, plus gas,” Mathew said. “When I returned they told me my bill was over $200.00 and that I was being charged 89 cents per mile. I was never told that, or I would have borrowed my grandfather's truck and trailer and made two trips. This is totally unacceptable and I will never use U-Haul again.”

Misunderstandings occur. The rental agent may have not mentioned the mileage charge, or Mathew might not have heard it. That's why it's always important to carefully read the rental agreement, especially the part about what you are paying. What the rental agent isn't binding. The rental agreement is.

In a lawsuit filed in Orange County, Calif., 51 Latino plaintiffs say they were the victims of a scam aimed at Spanish speakers seeking to buy janitorial franchises.

The plaintiffs say GoldeneyeHoldings dba Stratus Building Solutions of Orange ran a "simple" scam that targeted "victims who don't speak English by taking out ads in Spanish speaking publications," Courthouse News Service reported.

The plaintiffs say they responded to Spanish-language ads that directed them to call or visit "Fernando," one of Stratus' sales representatives and promised them profitable cleaning franchises located near their homes. 

Instead, "plaintiffs' attempts to achieve the 'America Dream' was thwarted by the new American reality - the corporate scam," the complaint states.

"Once the prospective franchisee agrees to purchase a franchise, 'Fernando' immediately pulls out a franchise agreement in English and immediately insists that the prospective franchisee sign the agreement in order to reserve a franchise since it contends that its franchising opportunities are about to be sold out," the suit alleges.

But after they sign the agreement and pay the agreed-upon amount, the company fails to deliver the franchise and stops answering their calls, the suit charges: "Each of the plaintiffs purchased a franchise from Stratus and none of them ever received the franchise they were promised by "Fernando," while acting as an agent for Stratus."

The plaintiffs seek damages for fraud, breach of contract and violations of the California Business & Professions Code.

Online new-car discounter TrueCar.com is reworking its business model to satisfy state laws that prohibit brokering or "bird-dogging" of cars. 

Operating much like Priceline.com, TrueCar.com invites consumers to enter the make and model car they're looking for, then claims to find the best available price in their area and puts them in touch with the dealer offering that price.

It sounds aboveboard and many dealers were enthused about TrueCar's ability to gets cars rolling off their lots. Other dealers weren't so happy; they saw sales going to other dealers and found themselves with little alternative but to cut prices while paying a bonus to TrueCar for each sale.

"Too competitive"

Soon came squawks from states that have laws set up to protect auto dealers from becoming -- let's say -- too competitive. In many states, laws that dealers themselves wangled out of their legislature prohibit third parties from getting in between car dealers and their customers. That spelled trouble for TrueCar.com, which is what's known in Internet parlance as a "lead provider" -- someone who puts buyer and seller together and takes a piece of the action.   

So now TrueCar founder Scott Painter says his company will change the way it charges particpating dealers -- basically charging them a monthly subscription fee instead of the per-car finder's fee of $299 for each lead that results in a new-car sale.

Painter said that TrueCar has suspended its service in Colorado, Nebraska, Oklahoma and Louisiana until those states have signed off on the changes it's making.  And he says that he will look at the laws in every state to be sure he's in compliance.

Even in states, like California, that allow brokering, TrueCar will switch to a subscription model, he said.

Disclosures

Besides the brokering restrictions, TrueCar has also run afoul of various state laws governing disclosures.  To comply with those laws, TrueCar will state its promised discounts in terms of a dollar-figure discount from the sticker price, not the invoice price.

Several states ban the term "invoice" in car ads, saying it is not always an accurate measure of the dealer's true cost.

While some of the state laws TrueCar has run afoul of are intended to protect consumers, just as many -- if not more -- are the result of years of lobbying by car dealers determined to protect themselves from what they view as unfair price competition.

Even after all the changes are made, one thing about the TrueCar process will stay the same: After choosing a make and model, picking options and getting what is supposedly the lowest available price, consumers will have to provide their name, address and contact information.  

Only then will they be able to print a "certificate" that they can take to the dealer to get the price quoted by TrueCar.

Consumers will still have to be prepared for all the usual tricks of the trade -- cars that are mysteriously out of stock, options that weren't included on the TrueCar site and all the usual fees, charges, taxes and other miscellany that tend to creep in at the last minute.

Consumers who have ordered from the popular online shoe retailer Zappos.com are being told to change their account passwords after a hacker successfully penetrated one of the company's servers over the weekend.

The company said the server that contains customers' credit card information was not compromised. Zappos.com CEO Tony Hsieh said the company is cooperating with law enforcement officials who are investigating the security breach.

"We've spent over 12 years building our reputation, brand, and trust with our customers,” Hsieh said in an email to Zappos.com customers. “It's painful to see us take so many steps back due to a single incident."

Password reset

Hsieh said the company has reset customers' passwords, to prevent any unauthorized access to accounts. He said it may take a few days to get the staff trained to assist consumers with the process of setting up new passwords for their accounts.

Zappos.com has more than 24 million consumers in its database. The company said customers will soon receive an email from the company with instructions for setting up a new password. The company said it would press all employees into service to help with the process.

Sensitive data

While the hackers apparently did not get credit card numbers, they did gain access to other sensitive data. The company says the compromised server, located in Kentucky, contained email addresses, billing and shipping addresses, and telephone numbers.

Despite the precautions about passwords, it is believed the hackers did not gain access to actual passwords, but an encrypted version of passwords.

Zappos was founded as an online shoe retailer in 1999 and was acquired by Amazon.com in 2009.  

There seems to be a sudden proliferation of prepaid debit cards, so marketers have enlisted celebrity endorsements to set their cards apart.

You may have seen ads for cards offered by Russell Simmons, the Kardashian sisters and Lil Wayne. But the latest celebrity-endorsed card bears the name of Suze Orman, known for her books and TV programs about personal finance.

So, is her card any better than the other fee-laden prepaid cards? Cardhub.com recent conducted an evaluation. They compared it to the Green Dot and American Express prepaid cards, which an earlier analysis had identified as the best replacements for a checking account and for its financial literacy tools.

Low basic fee structure

“Orman’s Approved Card has a pretty low basic fee structure as long as you regularly deposit money onto the card and use one of the over 35,000 ATMs AllPoint has nationwide," said Card Hub founder and CEO Odysseas Papadimitriou, a former Capital One executive. "However, there’s a fee floor, so to speak, which means this card will always cost you something.”

The Green Dot Prepaid Card is free to use as a replacement checking account, whereas the Approved Card will cost $3.25 per month.

The Green Dot Card costs $5.95/mo. for the financial literacy tool, the Amex Prepaid Card costs $6.66/mo., and the Approved Card costs $3.25/mo., making it currently the best option for teaching young people how to manage their money.

Bad for Suze?

Whether Suze Orman's card is good for consumers may be open to debate but, so far, what appears pretty certain is that the card isn't doing much for Suze Orman's reputation among consumers.

An analysis of about 31,000 consumer comments, admittedly just a handful, on Facebook, Twitter and other social media finds that she was enjoying a positive net sentiment rating as high as 80% until December, when the card was announced and her rating fell to near-zero territory.

There's not much doubt about what caused the steep plunge in net sentiment. Nearly all of the "dislikes" named by consumers had to do with the prepaid card.

Identity theft protection

The Orman Card provides a service through TrustedID that monitors your personal information and alerts you about any suspicious activity. This is undoubtedly beneficial for consumers, Card Hub says.

“Consumers often worry about identity theft, and the TrustedID service not only helps safeguard one’s money, but it also offers some peace of mind," Papadimitriou said. "The Emergency Fund feature also makes budgeting a little easier and overspending a bit more difficult – good things when you consider the rate at which people are adding new credit card debt these days.”

What should be clear to consumers using any prepaid card is that there are always fees involved for using your own money. It's just a matter of how many fees and how high they are.

Alternatives to the alternative

Consumers considering a prepaid card as an alternative to a big bank checking account might first check into what's available from a small, community bank or credit union. Small community banks, which sometimes have a few branches in urban and suburban areas, usually charge fewer fees and some even still provide free checking.

"Virtual" banks, like PerkStreet, provide more services than a simple prepaid card. PerkStreet offers a free checking account, online bill-paying and other services normally associated with brick-and-mortar banks.

Credit unions are membership organizations and are non-profit in nature. While they have to earn enough to pay operating costs, they don't have to show a profit and therefore, they tend to have fewer and lower fees.

---

Sentiment analysis powered by NetBase

The endless political bickering over Medicare may be taking its toll on patients. A new survey finds a small but growing number of patients report problems finding a new primary-care physician.

The problem may be at least partially caused by the continuing uncertainty over reimbursement rates for doctors, which has made many doctors wary of taking on new Medicare patients.

The survey's findings included:

• Only 6 percent of Medicare patients looked for a new primary care doctor in 2011.
• Of the 6 percent, 3.6 percent had "no problem" finding a new primary care physician.
• Meanwhile, while 0.7 percent had a small problem and 1.3 percent had a big problem.

The survey, conducted by the Medicare Payment Advisory Commission, found that searching for a new family physician or internist who is accepting Medicare patients was even more difficult than scheduling an appointment with a new specialist.

• Of all Medicare patients, 14 percent sought a new specialist in 2011.
• Of the 14 percent, 12.1 percent had "no problem" finding a new specialist.
• 1.1 percent had a small problem and 1 percent had a big problem.

This trend largely stems from concerns regarding physician compensation related to Medicare reimbursements, the study authors found.  The sustainable growth rate (SGR) formula, which establishes many of the reimbursement rates paid to doctors who are treating Medicare patients, will create significant cuts in payments.

• The SGR was scheduled to reduce Medicare payments by 27.4 percent on January 1st, but Congress delayed the cut by two months, continuing a decade of deferment.
• The cost of a repeal (measured in additional payments to health care providers) that would simply maintain current Medicare rates over 10 years has grown to $289.7 billion, according to the Congressional Budget Office.
• Another option, repealing the formula and providing annual payment updates pegged to the increased costs over time of providing care, would cost $352.7 billion.
• Yet a third recommendation has suggested a 10 year pay freeze for primary care with cuts for other services.

When it comes to preparing your taxes, you can save time, and sometimes money, if you can use form 1040EZ – sometimes called “the short form” - instead of form 1040.

As the name implies, it's a much shorter, easier form to fill out. If you are paying to have your taxes done, it will cost less if the preparer can use form 1040EZ.

According to the Internal Revenue Service, you can use form 1040EZ if:

• Your taxable income is below $100,000
• Your filing status is Single or Married Filing Jointly
• You and your spouse – if married -- are under age 65 and not blind
• You are not claiming any dependents
• Your interest income is $1,500 or less

If you qualify for the Earned Income Tax Credit (EIC), you can still use the short form under certain conditions. But If you have a qualifying child for the EIC, you must use Schedule EIC and Form 1040A or 1040 to do so.

Even though it may cost less to prepare the form 1040EZ, it might be to your financial benefit to use form 1040A or 1040 instead. For example, you can claim the head of household filing status, which usually results in a lower tax than single, only on Form 1040A or 1040. You can claim the retirement savings contributions credit only on Form 1040A or 1040.

Also, you can itemize deductions only on form 1040. You would benefit by itemizing if your itemized deductions total more than your standard deduction.

If you're in doubt, seek the advice of a qualified financial professional before filing your tax return.

When you buy a computer, it's normally covered with a one-year manufacturers' warranty. But if you have warranty work done on the machine, the replacement parts are covered for a much shorter time.

“I purchased a Toshiba laptop and within one year, their tech group diagnosed the motherboard as bad and replaced it,” F., of Palo Alto, Calif., told ConsumerAffairs.com. “That board went bad again, rendering the computer useless. Their customer service said sorry, our replacement parts - from their own tech repair - are only under warranty for 30 days.”

F., says he paid $1,500 for the laptop, but now faces the prospect of buying another, having only received less than a year of uninterrupted service. When checking out computers, it might be a good idea to get an explanation of warranty policies, especially on warranty repairs.

Also, try spending less.  You can find reconditioned, almost-new laptops for less than half the regular price at sites like Geeks.com. The warranties are not as long or as comprehensive as for a new model but the lower price lessens the risk you'll end up like F.

You can't take their word for it

Once you sign a cell phone contract, you're pretty much locked in for two years, no matter what a sales rep tells you.

“My husband and I wanted to try out smartphones,” said Maria, of Burlington, Iowa. “I did some searching and Sprint seemed to be the one that had a better deal, although I was still a little skeptical. I opened a new account with Sprint. I however cancelled the account and managed to cancel it prior to them charging me an early cancellation fee. I was instructed to return the phones and was told that they would only charge me for the only days that I used the phone. I was pleased with that. A week later I received a bill of $260.20. I assumed that they hadn't yet adjusted my account. Another week later I received an email from Sprint stating that my bill would soon be sent to a collection agency.”

Maria said she called Sprint and was told by several employees the charges were valid and she had to pay. However, she says, it wasn't what she was told when she bought the phones. That's why its important to always read the contract. If the sales rep tells you something different from what's in the contract, they are wrong. It's that simple.

Disappointed

Paula Deen is a popular TV chef but her line of cookware is not as popular with some consumers.

“We bought our Paula Deen cookware from Fingerhut about two years ago,” Beverly, of Connellsville, Pa., said. “We have been complaining about them for one year to no avail. Our pots and pans are peeling on the inside and the outside of them looks real bad. They are brown and faded. We have them on display in our kitchen but,it is very embarrassing to have them hang there any longer. We love Paula Deen and are very disappointed in the cookware.

There could be a problem with the products, but Beverly should make sure she carefully reads the instructions for using the pots and pans. Some high-end cookware requires low heat and special care when cleaning.

Samsung has set what sounds like a pretty modest goal.  It would like for its smartphones to be able to go all day on a single battery charge. That's fine but we hear from a lot of consumers who would be happy if their phones would just stop freezing up.

But back to battery life for a moment.  Simple as it sounds, getting through the day on a single charge is a rarity in today's smartphones. Many of them can't make it even if they do nothing but loll around in their owner's pocket or purse. 

Samsung vice president of product innovation Kevin Packingham would like to change that, he said in an interview with CNET at the Consumer Electronics Show in Las Vegas.

Smartphones pack a lot of features these days and a result, they also suck up an awful lot of energy, resulting in battery life that's much worse than we enjoyed just a few years ago.

Sure, it's nice to have those big screens, fast processors and 4G LTE transceivers but all those things take energy, and lots of it, as a Samsung smartphone owner named Syriac told us recently.

"Battery life is very very poor. Every day morning I go out with 100% charge. The battery will be empty by noon," Syriac said. "I will not even sell this phone to someone because I don't want to take his curse. I will definitely dig this phone in to garbage."

Motorola recently attacked the problem by offering the Droid Razr Maxx, which has a bigger battery than its standard Droid Razr.  This trick has been around for years among laptop users who don't mind totaing a few extra pounds but isn't generally an option for smartphones.

Packingham says Samsung will be using bigger batteries too but will also be working to find ways to make the phones operate more efficiently.

Consumers' concerns

No doubt Packingham is onto something but he might also want to take a look at the problems we hear about most often from Samsung smartphone users, like Steven of Clinton, Iowa, who says his phone "constantly freezes up on me while texting."

"I can promise you I will never buy another Samsung phone ever! This is the second Samsung phone I have and I am very disappointed with the quality. My newer phone is only a few months old and it has some major malfunctions. I shouldn't have to take it in and have it fixed already," Steven fumed.

Willie of Oakland, Calif., has the same problem.

"My phone constantly freezes causing me distress because I have children who rely on my communication by phone on a daily basis," he said. "I have taken the phone back to Metro several times because of this reason and the phone dropping from 4G which does not allow me to use the phone in certain areas, and I am not allowed internet access when the phone is not in the proper 4G status."

Yes, but ...

We decided to run a quick check to see how consumers were feeling about all this.  We found more than 6 million comments on Facebook, Twitter and other virtual water coolers and, although there is some grumbling, consumers seem to be feeling pretty good about Samsung.

So, if Packingham can pack more battery power into the phones and Samsung's engineers can cure the screen-freeze problem, the company just might be on the road to having a pretty enviable rating.

We'll take a look at how consumers view other Samsung products next week.

More than 32 million people in the United States have autoantibodies, which are proteins made by the immune system that target the body’s tissues and define a condition known as autoimmunity, a National Institutes of Health study shows.

The first nationally representative sample looking at the prevalence of the most common type of autoantibody, known as antinuclear antibodies (ANA), found that the frequency of ANA is highest among women, older individuals, and African-Americans. 

Earlier studies have shown that ANA can actually develop many years before the clinical appearance of autoimmune diseases, such as type 1 diabetes, lupus, and rheumatoid arthritis. ANA are frequently measured biomarkers for detecting autoimmune diseases, but the presence of autoantibodies does not necessarily mean a person will get an autoimmune disease.

Other factors, including drugs, cancer, and infections, are also known to cause autoantibodies in some people.

"Previous estimates of ANA prevalence have varied widely and were conducted in small studies not representative of the general population," said Frederick Miller, M.D., Ph.D., an author of the study. "Having this large data set that is representative of the general U.S. population and includes nearly 5,000 individuals provides us with an accurate estimate of ANA and may allow new insights into the etiology of autoimmune diseases." The findings appear online in the Jan. 11 issue of the Journal Arthritis and Rheumatism.

Miller, who studies the causes of autoimmune diseases, explains that the body’s immune system makes large numbers of proteins called antibodies to help the body fight off infections. In some cases, however, antibodies are produced that are directed against one's own tissues. These are referred to as autoantibodies.

Blood serum samples

A multi-disciplinary team of researchers evaluated blood serum samples using a technique called immunofluorescence to detect ANA in 4,754 individuals from the 1994-2004 National Health and Nutrition Examination Survey (NHANES). The overall prevalence of ANA in the population was 13.8 percent, and was found to be modestly higher in African-Americans compared to whites.

ANA generally increased with age and was higher in women than in men, with the female to male ratio peaking at 40-49 years of age and then declining in older age groups.

"The peak of autoimmunity in females compared to males during the 40-49 age bracket is suggestive of the effects that the hormones estrogen and progesterone might be playing on the immune system," said Linda Birnbaum, Ph.D., director of NIEHS and an author on the paper.

The paper also found that the prevalence of ANA was lower in overweight and obese individuals than persons of normal weight. "This finding is interesting and somewhat unexpected," said Edward Chan, Ph.D., an author on the study and professor of the Department of Oral Biology at the University of Florida.

"It raises the likelihood that fat tissues can secrete proteins that inhibit parts of the immune system and prevent the development of autoantibodies, but we will need to do more research to understand the role that obesity might play in the development of autoimmune diseases," said Minoru Satoh, M.D., Ph.D., another author on the study and associate professor of rheumatology and clinical immunology at the University of Florida.

The researchers say the paper should serve as a useful baseline for future studies looking at changes in ANA prevalence over time and the factors associated with ANA development. 

Delhaize America is closing 126 supermarkets and retiring its Bloom brand.  The company said it will focus on strengthening its Food Lion and Bottom Dollar Food brands.

The company said it will:

• Close 113 underperforming Food Lion stores, primarily in markets in which the company has the least store density;
• Retire the Bloom banner;
• Convert 64 Bloom and Bottom Dollar Food stores in Maryland, North Carolina and Virginia to Food Lion stores;
• Close seven underperforming Bloom stores and six underperforming Bottom Dollar Food stores in overlapping Food Lion markets;
• Convert one Food Lion store in Florida to a Harveys store;
• Discontinue operations of its distribution center located in Clinton, Tenn., and
• Accelerate the roll out of the Food Lion brand strategy in an additional 600 to 700 stores.

"Today's actions will continue to solidify our U.S. operations and enable our company to focus on our successful brand strategy repositioning at Food Lion and the expansion of Bottom Dollar Food in new markets," said Ron Hodge, CEO of Delhaize America. "While these were difficult decisions given the impact on our associates, customers and communities, we believe these actions will enable us to better serve our customers in our markets with high density, while positioning the company for future growth."

All affected stores will close within 30 days, and store conversions will begin immediately. 

About 4,900 people will lose their jobs. 

Food Lion
The company will convert the Food Lion store in Lake City, Fla., to a Harveys store. As a result of these actions, Delhaize America will no longer operate the Food Lion banner in Florida, but will continue operations of its Sweetbay and Harveys banners in the state.

The company said it is increasing its density of Food Lion stores in other states by converting Bloom and Bottom Dollar Food stores to Food Lion, specifically in Maryland, North Carolina and Virginia. After these actions are complete, Food Lion will operate in 10 states and have 1,127 stores.

Bottom Dollar Food

Delhaize is converting 22 Bottom Dollar Food stores in Maryland, North Carolina and Virginia to Food Lion stores, and closing six underperforming stores in North Carolina and Virginia,

Bottom Dollar Food will open 14 stores in Pittsburgh and Youngstown, Ohio, by the end of the first quarter, and expects to open another 10 to 15 stores by year-end in its new markets. In addition, the company plans to continue aggressive growth of the banner by adding several hundred Bottom Dollar Food stores in the next five years.

Honeywell is recalling about 19,000 Surround Select Portable Electric Heaters sold under the Honeywell name but manufactured by Ningbo SMAL Electrics Co. Ltd., of China.

The heater’s internal housing, including the fan, heating element and circuitry, can detach, posing a burn hazard to consumers.

This recall includes Honeywell Surround Select Series portable electric heaters with model numbers HZ-420, HZ-430, and HZ-440 and five-digit date codes that have 11 as the last two digits. The heaters are black or white cylinders with a handle on top. The model number is stamped into the plastic on the bottom of the heater. The date code is located on the metal prongs of the heater’s electrical plug. “Honeywell” and “Surround Heat” are printed on the front of the heaters. This heater was distributed by Kaz USA under license from Honeywell.

Best Buy, Meijer and Walmart stores sold the heaters nationwide from July 2011 through December 2011 for between $50 and $70.

Consumers should immediately unplug and stop using the heaters and contact Kaz for a full refund.

For additional information, contact the distributor, Kaz USA Inc., at (800) 370-8137 from 8:30 a.m. to 5 p.m. ET Monday through Friday, or visit the firm’s website at www.kaz.com/recall

We're early into a new year and many consumers have made resolutions to better manage their finances. So, how's that working out?

Gail Cunningham of the National Foundation for Credit Counseling (NFCC) says many of these well-intentioned resolutions have already fallen by the wayside because consumers lack a solid strategy for achieving their goals.

NFCC offers three simple steps consumers can easily implement that will put them on the road to financial stability:

Action

Many are paralyzed by their situation, frozen in a state of financial anxiety. Others feel that they are in such deep financial trouble that there is no real help available. Some may fear that they'll reach out for help to the wrong organization, thus ending up worse off than when they began.

Failure to act only makes matters worse, as the problem isn't going to cure itself. Likewise, delaying action only makes the situation more difficult to resolve. Consumers owe it to themselves and their family to sit down with a Certified Credit Counselor at a legitimate nonprofit agency. These counselors are trained to do a thorough review of the situation and provide concrete solutions, ones that can mean the difference between financial failure and financial success. 

Automate

Make technology your friend by signing up for direct deposit, automatic bill paying and online banking. You can avoid ever having a late fee by arranging credit card payments to be sent automatically before the statement due date each month, making sure the payment amount equals at least the minimum amount due.

You can always circle back and pay the balance in full, but knowing the bill has been paid on time brings you peace of mind and avoids negative dings on your credit report and score. Direct deposit helps to avoid the long lines at the bank on payday, as well as providing a degree of safety since the paycheck can't be stolen from an unattended mailbox. Further, the surest way to save is to have money automatically deposited into a savings account before you ever see it.

Accountability

People are well-intentioned justifiers. Financial accountability starts with financial honesty. If you find that you have more excuses than money in the bank, enlist the support of an accountability partner. Make sure this person is someone you're comfortable revealing your financial dirty laundry to, is someone you respect enough to follow their advice, and is strong enough to speak the truth to you.

It may be tempting to pick someone who is in the same financial shape as you, but that type of relationship often ends up being a two-person pity party. Instead, find someone who is a responsible money manager and is willing to share those skills with you.

"Know that small steps can equal big rewards," said Cunningham. "The process starts with a person resolving to take charge of his or her financial future. After that, it's a matter of executing the plan."

Wells Fargo can always circle the wagons when the going gets rough but Bank of America has fewer options and, according to The Wall Street Journal, may be preparing to turn tail and retreat from some areas of the country.

The Journal quoted sources as saying the giant bank has told regulators that if its financial condition continues to weaken, it may close branches and pull out of some of its less profitable markets.

There are quite a few consumers out there who would not mourn the bank's passing.

"This bank does nothing for the people that need modifications or help and all they care about is foreclosure. They should rename their bank, American Bank Of Foreclosures," said RoseAnne of Kissimmee, Fla., who said that instead of helping her family modify their mortgage, a bank rep suggested they should rent. Similar blunders, like the ill-conceived $5 fee for using debit cards, haven't exactly endeared the bank to many of its customers.   

In fact, a review of 830,000 consumer comments on social media finds Bank of America firmly in the doghouse, with a net sentiment of -20%, the nadir in a year that only rarely saw overall sentiment venture into positive territory.

OK, but how do consumers really feel?  Using computerized sentiment analysis, ConsumerAffairs.com distilled their top five positive and negative feelings, again based on about 830,000 comments on Facebook, Twitter and so forth.

Relentlessly stalking

For 20 years, what started out as NationsBank of North Carolina, has been relentlessly stalking takeover targets, stitching together a nationwide organization rivaled only by Chase and Wells Fargo.

It was the 1998 takeover of BankAmerica Corp. of San Francisco and the 2004 purchase of FleetBoston that finally stitched together the banking blanket that now covers the country.

Could it really unravel?

It's possible.  The financial crisis hit all banks hard but BA took it especially hard, thanks it its 2008 acquisition of Countrywide Financial, which made it particularly vulnerable to losses in the mortgage sector.

Now, with its share price down more than half and regulators hounding it to raise more capital to cover ongoing mortgage liabilities, the bank that ate America is in trouble.

Retrenching is one of the options the bank provided to regulators recently, the Journal said, although there are other options on the table as well.

What to do

What does this mean for consumers who do business with Bank of America? 

Probably not much.  Banks are bought and sold with some regularity and the heavy lifting mostly occurs behind the scenes but the possibility of BA's retreat may be something to consider if you're looking for a new bank.  If BA starts cutting back branches or slicing staff, as it's already doing in at least some areas, customer service could suffer.

The best place to shop for a bank may be locally.  There are 7,400 banks in the country, after all.  If you live in Nevada, do you really care whether your bank has branches in Maine?

If you don't have a high income, you may qualify for a larger tax refund than you think. The Earned Income Tax Credit (EITC), sometimes called EIC is a tax credit for low to moderate income working individuals and families.

Congress originally approved the tax credit legislation in 1975 in part to offset the burden of social security taxes and to provide an incentive to work. When EITC exceeds the amount of taxes owed, it results in a tax refund to those who claim and qualify for the credit.

To qualify, you must meet certain requirements and file a tax return, even if you do not owe any tax or are not required to file.

How do you know if you qualify? You must have earned income from employment, self-employment or another source and meet certain rules. In addition, you must either meet the additional rules for Workers without a Qualifying Child or have a child that meets all the Qualifying Child Rules for you.

Unfortunately, the specific criteria is not clearly defined. The best way to find out if you qualify is to answer this survey on the Internal Revenue Service (IRS) website.

However, you can quickly see if there is potential for qualifying by consulting the income requirements. The tax credit is available for people earning less than these amounts:

• $43,998 ($49,078 married filing jointly) with three or more qualifying children
• $40,964 ($46,044 married filing jointly) with two qualifying children
• $36,052 ($41,132 married filing jointly) with one qualifying child
• $13,660 ($18,740 married filing jointly) with no qualifying children

The Tax Relief and Job Creation Act signed into law December of 2010 provides a temporary increase in EITC and expands the credit for workers with three or more qualifying children. These changes are temporary and apply to 2009, 2010, 2011 and 2012 tax years.