Current Events in August 2012

Reichel Foods of Rochester, MN, is recalling approximately 15,880 pounds of ready-to-eat meat and poultry products due to possible contamination with Listeria monocytogenes. 

The products subject to recall include:

• 5.6 oz. packages of "Armour Active Packs Turkey & Cheese Wrap" Package Code 1026090112 or Case Code 27815-17994
• 5.6 oz. packages of "Armour Active Packs Ham & Cheese Wrap" Package Code 1026090112 or Case Code 27815-17995 

The problem was discovered through microbiological testing by a third party. There are no reports of illnesses due to consumption of these products. Anyone concerned about an illness should contact a healthcare provider. 

Consumers with questions about the recall should contact Karin Grzanek of Reichel Foods at (866) 372-2609.

When it comes to ventricular fibrillation (VF), an abnormal heart rhythm that makes the heart quiver so it can't pump blood, implantable defibrillators make a difference. 

According to research in Circulation, an American Heart Association journal, the devices account for one-third of the decrease in cardiac arrests in North-Holland. 

Implantable cardioverter defibrillators (ICD) are small electronic devices implanted in the chest that detect potentially fatal abnormal heart rhythms and try to stop them with electric shocks. Generally, only people with a high risk of sudden cardiac death -- mostly those at high risk of abnormal heartbeats and survivors of a previous cardiac arrest -- receive ICDs. 

Mixed news 

Previous studies have shown a gradual 15-year decrease in VF-related cardiac arrests suffered outside the hospital setting -- from 54 percent to 38 percent in the United States and Europe. However, the incidence of such cardiac arrests from other abnormal heart rhythms continues to increase each year. 

Researchers estimated that ICDs prevented 81 cardiac arrests during the 2005-2008 study. To reach this estimate, they multiplied the number of life-threatening abnormal heart rhythms stopped by an ICD by the probability that the rhythm would have led to a call to emergency medical services (EMS) and a resuscitation attempt. 

They assumed that a life-threatening abnormal heart rhythm would prompt calls to EMS in 62 percent of cases, and an attempt at resuscitation would occur in 67 percent of those people. 

"At least one in 20 ICD carriers can expect a life-saving shock from their device each year," said Rudolph W. Koster, M.D., Ph.D., senior author and associate professor of cardiology at the Academic Medical Center in Amsterdam, The Netherlands. 

Researchers used data from the Amsterdam Resuscitation Studies registry of cardiac resuscitations by EMS in the greater Amsterdam area in 1995-1997, and all EMS cardiac arrest interventions in the area in 2005-2008. 

Dramatic declines 

Focusing on people known to have VF when EMS arrived, researchers found: 

• An estimated 339 shocks successfully stopped 194 instances of life-threatening abnormal heart rhythms in 166 people.
• The percentage of patients with VF cardiac arrest fell from 63 percent in 1995-1997 to 47 percent in 2005-2008.
• The annual incidence of VF cardiac arrests fell significantly, from 21.1 people per 100,000 to 17.4 people per 100,000.
• Incidence of cardiac arrests related to other abnormal rhythms increased significantly, from 12.2 per 100,000 to 19.4 per 100,000 annually. 

It's unknown what caused the other two-thirds of decline in VF arrests or why cardiac arrests vs. other abnormal heart rhythms have increased. 

"The possible mechanisms are only guesses without much solid evidence," Koster said. 

It's likely that western countries that implant ICDs for similar indications would see a similar reduction in out-of-hospital cardiac arrest from ventricular fibrillation, he said. 

Four years after the foreclosure crisis began, states are beginning to deploy more resources to provide legal assistance for distressed homeowners. Consumer advocates say it could make a difference, not only for people who have already lost their homes but for those fighting to keep them.

“Evidence shows that effective foreclosure mediation can keep paying borrowers in their homes for the long term while also saving billions of dollars for taxpayers and investors,” Geoff Walsh, an attorney at National Consumer Law, said in a report earlier this year. “Our report reviews programs in use in 19 states and makes recommendations for best practices drawn from that analysis. The evidence is in that mediation programs can be financially self-sustaining, do not prolong inevitable foreclosures and are a proven tool that can help rebuild the fragile U.S. economy. If all states adopted strong foreclosure mediation programs, it would prevent further harm to millions of families while also saving local communities and investors billions of dollars.”

In Florida there is now more money to pay for legal help to assist distressed homeowners. ProVest, LLC, one of Florida’s largest service processing firms, has agreed to pay $462,500 to the Florida Bar Foundation to continue the legal aid program that assists low-income individuals facing foreclosure. It might help Florida homeowners like Maureen, of Palmcoast, FL, whose mortgage is with Bank of America.

Going in circles

"After two years of trying to get a loan mod, I am exactly where I started,” Maureen wrote in a ConsumerAffairs post. “Giving the same info and financials to 20 different people that are going to send out my package so paperwork can be signed and returned. And for two years I waited for this package along with many of my calls being transferred to a generic voice mail, end result the only calls I receive back are about being in pre foreclosure.”

The payment is part of a settlement with the state in which ProVest resolves allegations it engaged in improper activities as it processed foreclosure cases filed in courts throughout Florida. Under this settlement, ProVest must follow certain business practices intended to ensure proper and lawful service of process in mortgage foreclosure cases filed in Florida.

“This settlement is another important step in ensuring the integrity of the mortgage foreclosure process in Florida,” said Florida Attorney General Pam Bondi. “This agreement will help ensure the fair administration of foreclosure cases filed in our state.”

As part of the settlement, ProVest must also conduct audits to detect irregularities in the execution of Florida legal documents relating to mortgages and foreclosures.

The U.S. Food and Drug Administration (FDA) has approved Zaltrap (ziv-aflibercept) for use in combination with a FOLFIRI (folinic acid, fluorouracil and irinotecan) chemotherapy regimen to treat adults with colorectal cancer. 

Zaltrap is an angiogenesis inhibitor that inhibits the blood supply to tumors. It is intended for patients whose cancer has spread to other parts of the body (metastatic) and whose tumors are resistant to or progressed after a chemotherapy regimen that includes oxaliplatin. 

“This approval demonstrates the benefits of adding a biological agent, Zaltrap, to a commonly used chemotherapy drug regimen, FOLFIRI,” said Richard Pazdur, M.D., director of the Office of Hematology and Oncology Products in the FDA’s Center for Drug Evaluation and Research. “An improvement in median survival time was noted with the addition of Zaltrap to FOLFIRI, accompanied by an improvement in response rate and a delay in tumor progression and growth.” 

Zaltrap’s safety and effectiveness was evaluated in a randomized clinical study of 1,226 patients with metastatic colorectal cancer whose cancer grew while receiving oxaliplatin-based combination chemotherapy, or whose cancer was removed by surgery but returned within six months after receiving oxaliplatin-based combination chemotherapy for post-surgery (adjuvant) treatment. Participants received treatment until their cancer progressed or side effects became unacceptable. 

Improved survival time 

The study was designed to measure overall survival, or the length of time a patient lived.  Patients who were assigned to receive the Zaltrap plus FOLFIRI combination lived an average of 13.5 months compared to an average of 12 months for those receiving FOLFIRI plus placebo. 

A reduction in tumor size occurred in 20 percent of patients receiving the Zaltrap plus FOLFIRI combination versus 11 percent for those receiving FOLFIRI plus placebo. 

In addition, the clinical trial demonstrated an improvement in progression-free survival, or the time a patient lived without the cancer progressing. The progression-free survival for patients receiving the Zaltrap plus FOLFIRI combination was 6.9 months compared with 4.7 months for those receiving FOLFIRI plus placebo. 

Boxed warning included 

Zaltrap is being approved with a Boxed Warning alerting patients and health care professionals that the drug can cause severe and sometimes fatal bleeding, including gastrointestinal bleeding, and the development of holes in the gastrointestinal tract. Zaltrap can also make it more difficult for wounds to heal. 

The most common side effects observed in patients receiving Zaltrap plus FOLFIRI were decreased white blood cell count, diarrhea, mouth ulcers, fatigue, high blood pressure, increased amount of protein in the urine, weight loss, decreased appetite, abdominal pain, and headache. 

Colorectal cancer is the fourth most commonly diagnosed cancer and the fourth leading cause of cancer death in the United States. According to the National Institutes for Health, an estimated 143,460 Americans will be diagnosed with colorectal cancer and 51,690 will die from the disease in 2012.

In 2007, when Apple introduced it's first iPhone, the Blackberry was the dominant smartphone. The first Android phone wouldn't come along until a year later.

From that humble start five short years ago, smartphones -- which allow users to access the Internet from their devices using a browser or apps -- have radically changed how consumers access the web. And the trend is accelerating.

New research by Frank N. Magid Associates shows 58 percent of U.S. consumers how have a smartphone and 76 percent of them are under age 44. The introduction of tablet computers in 2010 has contributed to the explosive growth in mobile computing.

Tablet use: zero to 34 percent

In two years time, the percentage of computers using a tablet surged from zero to 34 percent. Apple has introduced three versions of its iPad so far but now faces increasing competition, including from a host of smaller, lower-priced tablets.

As a result, consumers are sending information over the Internet while on the go, not just from their PCs. The Magid study suggests the trend will only grow. It predicts that by mid 2013 the current 99 million smartphone users will increase to 151 million.

The number of consumers using tablets will increase from 51 million to 106 million.

What's drawing consumers to mobility? It's not just to send text messages and check email -- the principal uses when the Blackberry reigned. Now, Magid researchers says consumers are shifting to the mobile platform to consume a wide array of content including social media, gaming, and video, including full length TV shows and movies.

"There's no such thing as distinct mobile content anymore," said Tom Godfrey, Magid's Executive Director of Mobile Strategy. "What publishers and advertisers have to realize is that most content going forward will be consumed on a mobile device and that it must be accessible and optimized for that platform."

Sizable lead

And because Apple's operating system is exclusive to the popular iPhone, the Android operating system -- available to all manufacturers -- has zoomed ahead of Apple in mobile marketshare. Android leads in the smartphone race 48 to 32 percent. Magid says it is now rapidly overtaking Apple in the tablet market.

The iPad now makes up only 50 percent of the installed tablet base compared with 72 percent in 2011. Among consumers planning to purchase mobile devices in the next 12 months, 51 percent already have a tablet and 75 percent already have a smartphone.

Magid reseachers says that shows consumers aren't content to own aging technology but rather, want to keep up with or ahead of the latest mobile trends.

Let's face it; we've all been victims of horrible service and bad products. It doesn't matter where you live in the world or what income bracket you dwell in, none of us is exempt.

Think about the many times in your life when you received a rolling of the eyes from a store employee after asking for help, or getting a series of quick and vague answers when you were inquiring about a home loan.

For some reason there are certain companies and brands that act as if they're doing you a favor by providing you service.

But what are some of the top complaints that consumers have expressed in recent times and which services or industries do most of the gripes come from?

As we reported earlier this week, a report conducted by the Consumer Federation of America (CFA) and the North American Consumer Protection Investigators (NACPI), found complaints related to the auto industry were at the top of the customer grievance list in 2011.

Specifically, the chief auto complaints were about misrepresentations in advertising and sales. Many customers were sold barely functional cars, and many repair attempts were unsatisfactory.

A good portion of the auto complaints were also related to consumers being wrongfully towed or cars being repossessed without proper warning. There were also plenty of complaints about unfair leasing agreements.

My colleague Mark Huffman and I had no trouble finding numerous examples in the ConsumerAffairs database. 

Car dealers

From Connecticut to California customers have been on the receiving end of broken down jalopies and shifty, fast-talking car dealers.

David Stanley Chevrolet in Oklahoma City is a good example. 

"Absolute joke", said Kris of Yukon, Ok. He was obviously none too happy about the annoyances he had to journey through when purchasing his vehicle.

"Big hurry to sell me the car and nearly 60 days later, they still haven’t' gotten the paperwork right and I can't even title or legally drive the vehicle," he said in a complaint to ConsumerAffairs.

Another reader spoke of purchasing a truck from David Stanley Chevrolet, but the darn thing only lasted 50 miles before it started to break down.

Payday loan debt collector scam

One of the biggest sources of fraud complaints, for example, is the payday loan debt collector scam – which actually covers two of CFA's categories.

“Yesterday I was out of the office so my assistant answered my phone, Kari, of Beacon, NY, wrote in a complaint to ConsumerAffairs. “ A man identified himself as Officer Kevin Smith of the Federal Crime Investigation Bureau and told her I must call back immediately since there was a serious legal matter pending against me. Not knowing if something had happened with one of my teenage sons, she called me out of an important meeting and I called back right away, only to find out that they were saying I had passed fraudulent electronic checks when I defaulted on a payday loan I had taken through the Internet.”

In this widespread scam, operators are gaining access to the personal information of people who have applied online for a payday loan and are threatening them with arrest. These people are not real debt collectors and are using the illegal threats to extort money. The real danger to victims is they have somehow gained access to their personal information and pose an identity theft threat.

Know your rights

Meanwhile, some legitimate debt collectors generate plenty of complaints when they cross the line. Some consumers complain of repeated telephone calls at all hours of the day as well as phone calls to family members. There are rules debt collectors must follow, set forth in the Fair Debt Collections Practices Act. To stop harassing phone calls a consumer should send a certified letter telling the debt collector not to contact them by phone, only by mail.

For the last four years ConsumerAffairs has received thousands of complaints from struggling homeowners who are trying to get a mortgage modification. The servicer requests documents from the homeowner. The documents are sent and several weeks go by. The homeowner calls and is told the servicer doesn't have the documents, they need to be sent again.

It's not just one company that has these problems, it's just about all of them. Abra, of Eugene, Ore., said she went through the ordeal with Bank of America.

“In September 2011 I got paperwork informing me that my three month trial modification was approved and that I should call in each payment during those months,” Abra wrote in a ConsumerAffairs post. “The first time I did, I immediately noticed the tone of the representatives had changed. They informed me that they are debt collectors! I asked what for, I wasn't behind in my payments and have a great credit score? They didn't seem to know why I was in collections.”

Abra said it turned out the bank was applying her payments to the wrong account. She then applied for a second modification this past February.

Wrong account

“Sent all the paperwork in, twice, and keep getting requests for the same paperwork,” Abra wrote. I tried to call my 'Relationship Manager,' who never seems to know anything about her job or how to do it, and for weeks I've called multiple times a day leaving messages and no one ever calls me back!”

But then Abra found something that worked. She called the Making Home Affordable office, the program set up by the Obama Administration to facilitate mortgage modifications. While the program has come in for criticism for the small number of modifications it has achieved. Abra says it saved her home.

And when it comes to homes, they produce countless complaints – at least companies providing home-related services do.

“In the last four weeks, I have had to have a Sears repair man come four times,” Jennifer, of San Jose, CA, wrote in a complaint. “It took the fourth repair person to have the sense to look under my dishwasher. Our house is for sale and the inspector came and saw the dishwasher was leaking under the house. I luckily had an appointment set up for that day.”

New laws

The survey also asked the consumer agencies which laws they believed needed to be passed within the next few years.

Suggestions for new laws included landlords not being able to avoid responsibility for having mold or insect problems on their property, and creating harsher penalties for businesses or specialists who operate without a license.

The protection agencies also want to see a law that would require high school students to take classes on the ins-and-outs of consumerism.

Some of the other fastest growing complaints among consumers in 2011 were attached to bundled utility services, health products and services, wireless phone services, locksmiths, and free trial offers for memberships which are used at places like gyms or traveling clubs.

Vocational schools

Another popular complaint topic was vocational training schools.

The report indicates that many schools offering training and job placement fail to make good on their promises and many of them close down for lack of funding, after the students have already paid an average of $2,000 to $3,000.

Many of these schools target the immigrant sect of the populace and promise jobs in the areas of food preparation services and massage therapy, according to the study.

The agencies also reported seeing training schools that weren't accredited, yet they still operated and accepted course fees anyway.

The report goes on to suggest that anyone interested in a particular school should check its validity through their state's education department.

Where to park

Consumers should also be hyper-aware of where they park, as the report indicates that there were a slew of complaints about unfair towing.

The protection agencies reported that many drivers were being overcharged the maximum towing rate allowed within their county, and they were towed without receiving proper warning or parking notices.

Among our readers there were a host of complaints about towing companies like Fastway Towing & Collision in Brooklyn, N.Y., Code 4 Towing in California and Quick Response Towing, Inc. in Baltimore, Md.

Funding

Not surprisingly, the consumer protection agencies complainted they don't have enough funding.

"State and local agencies are essential components of the consumer protection system in the United States," said Susan Grant, the director of the consumer protection division at CFA.

"Their services save consumers and businesses money, relieve the burden on courts, foster confidence in government, keep the public safe, and help ensure fairness in the marketplace," she said. 

The 37 watchdog agencies that participated in the study said they recovered a combined total $146,714,069 for consumers. The total is a combination of both money awarded from legal action and informal settlements.

Unfortunately, “buyer beware” has never been more true. Consumers with complaints should not forget their state attorney general is often a power advocate for their cause. You can find your state attorney general's contact information here.

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Mark Huffman assisted in reporting this story.

Your teenage years can be both a fun and awkward time.

The wonderful side of things consists of developing a social life, physically maturing into a young adult and having your first kiss.

And the awkward side of your teenage years is attached to — you guessed it — developing a social life, physically maturing into a young adult and having your first kiss. The wonders and challenges of teenage life can sometimes share the exact same space.

One of the most difficult things teens face during puberty is acne. For many, blemishes and pimples surface somewhat moderately, while others suffer from extreme cases. Either way the effects can sometimes cause both frustration and sadness, especially when other teenagers are insensitive, judgmental or just plain old mean.

Live with it

Back in the day, teenagers mostly accepted their dermatological fate and just lived with their condition. But nowadays both parents and their children are opting for cosmetic surgery to rid their skin of bumps, discoloring and other  imperfections.

 According to a study conducted by skin-care experts at The Patient's Guide, the trend of teen cosmetic surgery isn't going away anytime soon.

ConsumerAffairs contacted Patient's Guide and spoke with its co-founder and CEO Jasson Gilmore, and also spoke with Dr. Eric Bernstein, Director of Mainline Center for Laser Surgery in Ardmore, Pa.

Both say many parents are just fine with bringing their teenagers in for cosmetic surgery when it comes to skin problems and acne scarring.

 “Statistics indicate cosmetic treatment of adolescents and young adults has grown significantly over the past decade,” says Gilmore.

“As more adults get cosmetic treatment, it becomes more acceptable and parents are then pressured to do something to help their teenagers as well. Lasers and light-based technologies which are non-invasive hold particular appeal as they tend to have little or no downtime, unlike traditional surgery,” Gilmore said.

“Generally speaking parents are quite willing to bring their child for treatment of cosmetic conditions such as acne scarring if it improves a child's social situation,” Bernstein said.

Better technology

What's the main reason for the growth in skin surgeries among the teenage population? Gilmore says it has a lot to do with advancements in technology within the skin-care world.

“The introduction of new laser treatments which are effective for reducing the appearance of acne scars, with little downtime, is a major reason. Unlike in times past when little could be done about acne scars, the emergence of new treatments has made it easier to do something about them,” he says.

“I think the reason we are seeing more teens in the office to treat their acne scarring, is because we have far better treatments today than we ever had in the past,” added Dr. Bernstein.

“Therefore, we have lasers that can deliver superior results with dramatically reduced risk of side-effects such as scarring or pigmentary changes. Thus the options they are simply greater, both for delivering results and also for doing it much more safely,” he said.

And skin care isn't the only type of treatment teens and adults are getting in higher numbers.

13.1 million

In a 2010 report by the American Society of Plastic Surgeons, it was found that 13.1 million cosmetic surgeries of all kinds were performed in the US that year, and 218,909 of those surgeries were done on teenagers of both sexes.

Gilmore admits that outside pressures have plenty to do with teens undergoing the knife or laser beam.

“As anyone who went through puberty can tell you, being a teenager is difficult. You are most prone to feeling the pressures of what others think during that time. For many young people, this motivates them to seek out cosmetic treatments.”

Bernstein agrees. “It's important to recognize that cosmetic concerns can have a profound effect on self-esteem of anyone, especially a teenager or young adult,” he says. “Generally the time to treat these individuals is often when the acne has gotten under control and the acne scarring is making the individual self-conscious.”

Although there has been a recent increase in the awareness of bullying, it will be hard for many teenagers to resist the young impulse of teasing a peer.

Bernstein emphasizes that parents and teenagers should seek laser treatment before more invasive procedures, as there are many options for such procedures that teens can choose from.

“Some I might use more often on younger skin, while others [I] might use it for more mature skin” he explained.

“Red acne scars respond extremely well to a vascular laser, while the fractionated laser, such as the Fraxel dual, does a great job of improving depressed acne scars. I think it's important to talk about improving scars and not completely removing them,” he says.

Is it normal?

But should cosmetic surgery really be a normal thing for teenagers? What are the psychological effects of going through such procedures?

Many psychologists believe the mental impact of cosmetic surgery among teenagers has been under-examined.

“As the popularity of plastic surgery continues to grow, many psychologists likely already have — or will encounter — a patient that has thought about or undergone a cosmetic procedure,” says Dr. David Sarwer, who has analyzed the psychological impacts of cosmetic surgery for over a decade.

He believes more studies and data are needed.

Psychologist Diana Zuckerman concurs. “There may be strong cultural pressures that are so unrealistic in term of how we're supposed to look," she said in a statement published by the American Psychological Association.

“Psychologists should figure out why this is happening and what we need to know to make sure that people aren't going to be harmed by this.”

After appearing to stall last week, gasoline prices moved higher this week with greater momentum.

The national average price of self-serve regular today is $3.567 per gallon, compared with $3.488 last Friday, according to AAA's Fuel Gauge Survey. The price has jumped 23 cents a gallon in the last month.

Diesel fuel is rising more slowly The average price today is $3.794 per gallon, versus $3.768 a week ago.

Oil prices moved higher in the last week despite concerns about a slowing economy. Industry analysts also say gasoline prices are reacting to the increase in corn prices, which makes ethanol more expensive. Gasoline is made up of 10 percent ethanol.

In the states, there was a huge shift in areas with the most expensive gas as prices shot up in the Midwestern states. Problems at three Midwestern refineries and the closing of a key pipeline in Wisconsin are mostly responsible for the price spike.

Illinois and Indiana saw their average price rise more than 33 cents a gallon in the last week. Prices jumped 34 cents in Michigan, 30 cents in Ohio and 24 cents in Wisconsin.

Gas prices also rose in states where fuel is cheapest. South Carolina saw the price rise another eight cents a gallon and is up 15 cents in the last two weeks.

The states with the highest gas prices this week are:

• Hawaii ($4.142)
• Alaska ($3.978)
• Michigan ($3.950)
• Illinois ($3.939)
• Indiana ($3.845)
• Connecticut ($3.835)
• California ($3.828)
• Ohio ($3.803)
• New York ($3.777)
• Wisconsin ($3.762)

The states with the lowest gas prices this week are:

• South Carolina ($3.263)
• Mississippi ($3.310)
• Arizona ($3.290)
• New Mexico ($3.303)
• Alabama ($3.333)
• Arkansas ($3.351)
• Tennessee ($3.356)
• Texas ($3.373)
• Louisiana ($3.383)
• Virginia ($3.400)

If you would like an independent review of the foreclosure proceedings carried out on your home, you now have more time to ask for one. The Office of the Comptroller of the Currency (OCC) and the Federal Reserve have extended the filing deadline to December 31, 2012.

The new deadline is important if your home was foreclosed in 2009 or 2010 and you think you were a victim of foreclosure abuses by mortgage servicers covered by enforcement actions issued in April 2011.

Since many affected homeowners are unaware of their options, officials say the deadline extension provides more time to increase awareness about the Independent Foreclosure Review and how eligible borrowers may request a review. The goal, they say, is to encourage the broadest participation possible.

The agencies said they will work with the servicers to expand their outreach and marketing efforts through the end of the year to encourage as much participation as possible.

Review is part of nationwide settlement

As part of a nationwide settlement with the states and the federal government, the two agencies required 14 large mortgage servicers to retain independent consultants to conduct a comprehensive review of foreclosure activity in 2009 and 2010. The objective was to identify borrowers who may have been financially injured due to errors, misrepresentations or other deficiencies in the foreclosure process.

The issue centers on illegal actions taken by mortgage servicers at the height of the foreclosure crisis. Swamped with increasing numbers of loan defaults, mortgage servicers took a number of short-cuts, including hiring robo-signers to process documents that were supposed to be read and understood before being executed.

If the review finds that financial injury occurred, the borrower may get restitution in the form of lump-sum payments, suspension or rescission of a foreclosure, a loan modification or other loss mitigation assistance, correction of credit reports or correction of deficiency amounts and records. Lump-sum payments can range from $500 to -- in the most egregious cases -- $125,000 plus equity, according to guidance issued by the agencies.

What you should know

Homeowners considering a request for an independent review should know that taking this action does not prevent them from taking any other actions related to their foreclosures. Also, a mortgage servicer is now allowed to require a borrower to sign a waiver of the borrower's ability to pursue claims against the servicer in order to receive compensation under the Independent Foreclosure Review.

Information about the review process, including how to request an independent review, was mailed to potentially eligible borrowers in November and December 2011. If you believe that you meet the three criteria but have not received a mailing, call 888-952-9105, Monday through Friday from 8 a.m. to 10 p.m. (ET), and Saturday from 8 a.m. to 5 p.m. (ET). You can also get more information about the review through a Website set up by the servicers.

There are no costs associated with being included in the review; the review is a free program. The Federal Reserve says homeowners should beware of anyone who wants payment to assist them in connection with the independent foreclosure review or any other foreclosure assistance program.

The Missouri Attorney General's Office has reached an agreement with mortgage-services company DOCX and its parent company Lender Processing Services, Inc. (LPS). It settles criminal charges stemming from the defendants' alleged role in the foreclosure robo-signing settlement.

Under the agreement, LPS will pay the state of Missouri $2 million and will cooperate with the Attorney General’s Office in its continuing criminal investigation of founder and former president of DOCX, Lorraine Brown.

DOCX’s role in the robo-signing process came to national attention when 60 Minutes reported that Linda Green, an employee of DOCX, purportedly signed thousands of mortgage-related documents on behalf of several different banks and in multiple handwriting. The 68 documents on which the indictments were based were purportedly signed by Linda Green, but were allegedly signed by someone else.

Fine much higher than profits

According to the Missouri investigation, DOCX earned approximately $363,000 in total revenue from the execution and filing of mortgage-related documents in the state of Missouri for the years 2008-2010. Missouri Attorney General Chris Koster points out that LPS’s payment of $2 million to the state is well in excess of the revenue earned by the company in the state of Missouri during the relevant time period, and is approximately two and a half times the amount that could be obtained as a result of convictions on the previously pending indictments.

LPS discontinued the operations of DOCX in May 2010. LPS terminated Lorraine Brown in November 2009.

Koster obtained the indictments against Brown and DOCX for forgery and making false declarations related to mortgage documents processed by DOCX in the state of Missouri. The indictment claimed that DOCX directed employees of the company to falsely sign mortgage documents in the names of various bank vice presidents without proper authorization.

In deeper

To make matters worse, the indictments declared, the phony signatures were then falsely notarized by DOCX as though they were signed by the correct officers. Finally, the forged documents were then filed in courthouses across Missouri.

“My office has taken the position that when you sign your name to a legal document, it matters,” Koster said. “The monetary disgorgement and the agreement we have reached in this criminal case with DOCX should remind all mortgage-services processers that our system of titling real property will be held to a standard of accuracy and truth expected by homeowners across the country.”

Koster said LPS also entered into a separate consent order with the Federal Reserve, the FDIC, and the Office of the Comptroller of the Currency that requires LPS to allow an independent, third-party consultant to conduct a review of document execution services provided by subsidiaries of LPS, such as DOCX, between January 1, 2008, and December 31, 2010.

The review is intended to assess potential financial injury to borrowers. Under the federal consent order, LPS has agreed to prepare a remediation plan to provide restitution to borrowers if any financial harm is found

Burch Equipment LLC, is expanding a recall that was initiated on July 28^th to 13888 cases of whole Athena variety cantaloupes ( 9 cantaloupes per case) and 581 bins ( 110 cantaloupes per bin) of Athena variety cantaloupes due to the potential for being contaminated with Listeria monocytogenes.  A total 188,902 Melons is affected. 

Listeria monocytogenes is an organism that can cause serious and sometimes fatal infections in young children, frail or elderly people, and others with weakened immune systems.  Although healthy individuals may suffer only short-term symptoms such as high fever, severe headache, stiffness, nausea, abdominal pain and diarrhea, Listeria infection can cause miscarriages and stillbirths among pregnant women. 

The whole Athena variety cantaloupes were shipped between July 15th and July 27th and distributed to retail stores operating in FL, GA, IL, MD, NC, NJ, NY, PA, SC and VA.  They are identified by a red label reading Burch Farms referencing PLU # 4319. 

All cantaloupes involved in the recall were grown by Burch Farms, however some may have been identified with a "Cottle Strawberry, Inc." sticker referencing PLU #4319.  Cottle Farms is not involved in this recall. 

The Athena variety cantaloupe is the most commonly grown in the east.  Cantaloupes from Burch Farms were shipped to retail establishments in both corrugated boxes (9 cantaloupe per case) and in bulk bins. 

Burch Equipment LLC is requesting any consumer who may have one of these cantaloupes to discard it. There have been no illnesses reported to date. 

Questions can be directed to Burch Equipment LLC at 910 267 5781 Monday through Friday, (9:00am to 4:00pm) or email burch@intrstar.net.

Kenosha Beef International, Ltd. is recalling approximately 37,600 pounds of frozen bacon cheeseburger patties because they may contain foreign materials -- pieces of gasket material, according to the Food Safety and Inspection Service (FSIS). 

The product subject to recall is 2-lb. cartons containing six patties of Sam's Choice Fireside Gourmet Black Angus Beef Patties Bacon and Aged Cheddar. 

The packages bear the establishment number "EST425B" and "best if used by" date code of 120812B ink-jetted on the carton end panel. All products were produced on June 11, 2012, and distributed in Indiana, Maine, North Carolina, Ohio, Pennsylvania, South Carolina and Wisconsin. 

FSIS was alerted to the problem by the firm after the company received a consumer complaint. FSIS and the company have received no reports of injury or illnesses associated with consumption of this product. Anyone concerned about an illness should contact a healthcare provider. 

Consumers with questions about the recall should contact Tom Henderson, Director of Quality Assurance, at 1-800-541-1685 x1351. 

As the large baby boom population bulge begins to retire, demands on pension funds will increase. More and more of these funds are reporting difficulty in full funding these obligations.

In a new report Bank of New York (BNY) Mellon finds the funded status of the typical U.S. corporate pension plan in July fell 2.9 percentage points to 68.7 percent. That's the lowest level since BNY Mellon began tracking this information in December 2007.

What's behind the decrease? The bank finds a sharp spike in liabilities, which increased 5.5 percent. At the same time, the funds only increased their assets by an average of 1.2 percent. The funded status of the typical plan has now fallen 3.7 percentage points during 2012.

Lower yields

The rise in liabilities isn't simply caused by more retirees drawing benefits. BNY Mellon points to a 34 basis-point drop in the Aa corporate discount rate to 3.64 percent. Pension plan liabilities are calculated using the yields of long-term investment grade bonds. When these bonds don't earn as much money, the result is higher liabilities.

For a pension plan to prosper, its investments need to turn in a maximum yield. In this case the declines in bond yields were offset to some extent by gains in the stock market. However, the outlook for stocks for the rest of the year appears uncertain, many analysts say.

"The continuing uncertainty regarding the euro zone and lack of a coordinated response to the debt issues in Europe continue to send investors into bonds that are perceived to be a safe haven," said Jeffrey B. Saef, managing director, BNY Mellon Asset Management, and head of the BNY Mellon Investment Strategy and Solutions Group, which is a division of BNY Mellon. “As long this uncertainty remains, we expect to see very low interest rates, which will continue to pressure plan sponsors."

Good performance isn't enough

At the same time Saef also said that portfolios for plan sponsors have performed well, with assets rising more than seven percent during the first seven months of the year for the typical U.S. corporate plan. But he warns that isn't enough.

"Hitting a return target isn't enough these days if you're not keeping up with the growth in liabilities," he said.

And even the strongest corporate pensions are affected. The New York Times reported last month that the companies that make up the S&P 500 together have pension obligations of $1.68 trillion and assets of $1.32 trillion. That's the biggest shortfall ever, according to S&P. The largest negative figure is that of General Electric, which reports its fund is underfunded by more than $21 billion.

Total cigarette consumption is down, but that doesn’t tell the whole story about smoking.

According to a new report from the Centers for Disease Control and Prevention (CDC), those declines have been offset by sharp increases in total adult consumption of pipe tobacco (used for roll-your-own cigarettes) and cigarette-like cigars.

Although total cigarette consumption continued an 11-year downward trend with a 2.5 percent decline from 2010 to 2011, dramatic increases in use of non-cigarette smoked tobacco products have slowed the long decline in overall consumption of smoked tobacco products.

A decline, but…

From 2000 to 2011, the largest increases were in consumption of pipe tobacco (482 percent) and large cigars (233 percent). The increase in cigars was due largely to tobacco manufacturers adding weight to many small cigars so they can be classified as large cigars and avoid higher taxes and regulation, while at the same time retaining a size and shape very similar to cigarettes.

According to the report, total consumption of all smoked tobacco products (including cigarettes, roll-your-own tobacco, pipe tobacco and cigars) declined by 27.5 percent between 2000 and 2011. However, decline was minimal (0.8 percent) between 2010 and 2011. Despite the overall decline, the consumption of non-cigarette smoked tobacco products increased by 123 percent.

Cause for alarm

“The rise in cigar smoking, which other studies show is a growing problem among youth and young adults, is cause for alarm,” said Tim McAfee, director of CDC’s Office on Smoking and Health. “The Surgeon General’s Report released this past March shows that getting young people to either quit smoking or never start smoking is the key to ending the tobacco epidemic, because 99 percent of all smokers start before they’re 26 years old.”

The study, “Consumption of Cigarettes and Combustible Tobacco -- United States, 2000-2011,” uses Treasury Department data to calculate consumption for all forms of smoked tobacco products. CDC had previously not calculated consumption estimates, and depended upon consumption data published by the U.S. Department of Agriculture, which USDA stopped reporting in 2007.

The loophole

The report notes a disparity between consumption of cigarettes and other forms of smoked tobacco because the federal excise tax on pipe tobacco and roll-your-own tobacco is lower than cigarettes. The difference led to a dramatic increase in the sale of pipe tobacco used to make roll-your-own cigarettes, a lower-priced alternative to manufactured cigarettes.

A provision in a measure signed into law in July, the Transportation and Student Loan Interest Rate bill, could limit the advantage of this price difference. The difference in manufacturing and marketing restrictions between cigarettes and cigars also is a factor in the disparity. While the Food and Drug Administration prohibits the use of flavoring or descriptors such as “light” or “low tar” in cigarettes, there are no such restrictions on cigars and pipe tobacco.

Tobacco use remains the leading cause of preventable death and disease in the United States. The health consequences of tobacco use include heart disease, multiple types of cancer, lung disease, adverse reproductive effects, and the worsening of chronic health conditions.

Cigarette use and exposure to secondhand tobacco smoke kill an estimated 443,000 Americans each year. And for every death, 20 people live with a smoking-related disease. In addition to the cost in human life, cigarette smoking has been estimated to cost $193 billion annually in direct health care expenses and lost productivity.

L G Sourcing, Inc., of North Wilkesboro, NC, is recalling about 16,400 Patio Bistro Sets sold at Lowe's stores nationwide from August 2011 through February 2012 for about $98 for the set. 

When the chair support bar is not fully engaged, the chair poses a fall hazard to a consumer who sits in the partially engaged chair.

There have been 13 reports of consumers who fell from partially opened chairs, resulting in reports of back injuries, contusions and scrapes. 

The recall involves folding chairs sold with three-piece patio bistro sets. Each set contains two folding chairs and a folding table. The chairs have a black steel frame and dark stained wooden seats and backs. 

Model #S658-01, item # 0355053 and "Garden Treasures" is printed on the cover of the instruction manual sold with the patio bistro sets. 

Consumers should stop using the recalled chairs immediately and contact Midas Lin, the manufacturer, for a new set of warning labels and supplemental instructions for the chairs. Do not return the product to the store. 

For additional information, contact Midas Lin toll-free at (877) 556-0886 between 9 a.m. and 5 p.m. PT Monday through Friday, or visit their Website.

Back in January, as consumers began to file tax returns, some complained that their refunds were delayed. The Internal Revenue Service (IRS) explained the delay was to prevent the growing problem of stolen identity tax returns. But the efforts apparently weren't enough.

While the IRS says it detected 938,664 bogus tax returns, the Treasury Inspector General for Tax Administration (TIGTA) reports finding approximately 1.5 million additional undetected tax returns with potentially fraudulent tax refunds totaling in excess of $5.2 billion. TIGTA estimates the IRS could issue $21 billion in fraudulent tax refunds over the next five years.

"We found multiple reasons for the IRS's inability to detect billions of dollars in fraud," said J. Russell George, the Treasury Inspector General for Tax Administration. "As identity theft is the most frequent consumer complaint, and at a time when every dollar counts, these results are extremely troubling."

Undermines confidence

George says the fraud on this scale not only results in significant unintended federal outlays but makes the tax collection agency look bad, undermining taxpayer confidence.

In some cases it wasn't just the IRS that was victimized but taxpayers too. For example, a scammer might have filed a phony tax return claiming a big refund, using someone's stolen social security number. When the taxpayers got around to filing, they discovered the IRS had already sent out a refund in their name to someone else.

Many early tax returns were placed on hold when IRS auditors suspected fraud. But apparently there were so many fraudulent returns this year it overwhelmed detection efforts.

When TIGTA investigated the bogus returns, it said it found a number of reasons so many slipped by the IRS. For starters, the IRS had delayed access to third-party income and withholding information. The investigation said these delays make it difficult for the IRS to detect fraudulent tax refunds at the time tax returns are processed. Third parties are not required to submit income and withholding documents to the IRS until March 31, yet taxpayers can begin filing tax returns in mid-January.

Not using third-party information

The investigators also said the IRS has not developed processes to obtain and use the third-party information that is available at the time tax returns are filed.

Finally, the use of direct deposits, including debit cards, to claim fraudulent tax refunds increases the risk that the IRS will not detect identity theft, the investigators said. The IRS continues to allow multiple direct deposits to the same bank account.

The Inspector General's office made a number of recommendations to the IRS for reducing the fraud next year and the tax collection agency said it has taken or will take the corrective actions.

Taxpayers can help too. Filing as soon as you obtain your W-2 form will increase the chances of the IRS processing your return before a bogus one submitted by a scammer. Also, carefully guard your W-2 form and other tax documents.

The halls of Congress are ringing with overblown oratory these days and our TVs and telephones are getting hoarse from all the ads and calls about those rotten millionaires, long-suffering small businesspeople and the hard-working middle class.

Yes, it's the Great Tax Debate of 2012, except it's not much of a debate. It's more like political theater, as each side plays to its base. And meanwhile, backstage, the biggest tax break of them all is about to quietly expire while the actors onstage yell and gesture, running out the clock til Election Day.

We're talking, of course, about the payroll tax which is deducted from the paycheck of every working American every payday. But unlike taxes that go to support the military, industrial farming and Big Oil, the payroll tax goes to fund Social Security, the program that provides a meager payment to working people who have passed into retirement.

And let's be clear about one thing: this is a tax nearly everyone pays. The obvious exceptions are the unemployed and the self-employed. Republicans like to say that 50 percent of Americans don't pay any taxes, by which they mean the income tax. But chances are most of those very same Americans, if they are lucky enough to be employed, are paying the payroll tax.

So, no fewer than 122 million working people have been enjoying a few extra bucks in their paycheck since 2011, when Congress temporarily cut the rate to 4.2% from 6.2%, hoping to give the economy a little boost and perhaps mollify restive voters. At the urging of Democrats last year, the tax break was extended to 2012 after the usual warnings that it would spell the end of the world as we know it.

Democrats fall silent

But this time around, the Democrats are remaining mum. The White House, a place where many wealthy people work, constantly preaches its disdain for the wealthy and its love of the common working stiff, but is sitting on its hands this year.

The average family has gained about $934 a year from the tax cut, the Tax Policy Center estimates. The cost to the federal government is estimated at $120 billion a year and, since Congress didn't see fit to trim spending anywhere else to pay for it, that $120 billion has come out of the general fund, which means it goes straight to the deficit.

Economists generally agree the extra money each payday has helped keep the anemic budget crawling ahead. No one seems to talk about how much, or whether, it has helped struggling families. 

Hoping to find out, we conducted a computerized sentiment analysis on about 290,000 consumer postings on social media like Twitter and Facebook over the last year.  We found very little discussion of the topic except last December, when the tax vacation was about to expire. Net sentiment was negative then although it has picked up a bit since then, as shown in this graph:

Those who favored the measure overwhelmingly did so because they felt it would help working Americans, while those who opposed it said that it would not create jobs and would be too costly. See sample verbatim comments at the end of this story.

Those who have enjoyed the extra money have been pretty silent about it, and they may be about to pay the price for their silence, as both parties line up to drive a stake into any proposed extension.

AARP says no

Perhaps surprisingly, one of the biggest opponents of extending the tax break is AARP, the insurance vendor and advocacy organization that purports to represent seniors.

AARP CEO A. Barry Rand went on record as early as May, with a letter to Congress that outlined his objection to extending the tax holiday.

“On behalf of millions of members nationwide and all Americans age 50 and over, I write today to express AARP’s belief that the Congress should not extend the Social Security payroll tax holiday beyond the current year. If economic relief is still a necessity at the end of the year, AARP believes that it should be delivered through other avenues and no longer through the payroll tax system," he said.

Rand said that while AARP originally supported the tax break as a temporary measure to aid struggling families, it has long made it clear that the respite must be temporary.

“AARP made clear that the Social Security payroll tax holiday should have no negative impact on Social Security or its beneficiaries in the short and long-term," he said.

The semantic differences help illuminate who's who here. Advocates of the tax break generally refer to the tax in question as the "payroll tax" while AARP and other seniors' groups call it the "Social Security tax."  Both are right, of course. It is a payroll tax that supports Social Security but how you describe it tends to reflect how you feel about it.

Also siding with AARP are Congressional Republicans, who are seldom on the same page as the giant seniors group. Republicans have never liked the tax cut, they don't like it now and the GOP is being upfront in its opposition to extending it.

Democrats, on the other hand, are keeping a low profile. Their usual allies in the public employee unions are also remaining silent, since for the most part they have no horse in this race. Most public employees are part of state and local retirement systems which are separate from Social Security.

It was just last December that the White House was out in front on the issue.

"Lately, many Americans have asked me if the payroll tax cut will affect Social Security. The answer is simply no," Deputy Assistant to the President Jon Carson said. "While more money stays in workers’ paychecks, the law specifies that Social Security receive every dollar it would have gotten even without the payroll tax cut." 

What now?

So what can we expect this year?

Probably nothing, other than more rhetoric -- President Obama vowing to more severely tax the rich (and, if he spoke more accurately, the upper middle class) and Mitt Romney promising to create jobs by cutting taxes on "job creators," i.e., businesses.

Everyone knows the Tax Code is in desperate need of reform, as it has been for decades. And everyone knows there is an increasingly desperate need to modernize Social Security, as there has been for decades.

And when is all this modernization and reform likely to happen? Why, after the election of course, when it is hoped that the voters will have stopped paying attention and that those who haven't will forget by the next election who it was who gored their ox. 

For now, the political battle continues onstage, the press obsesses over the horse race aspects of the contest and the year slips away. Have a nice day. 

Today's world is a world of specialists.

Whether you need your roof fixed or someone to design a website for you, it’s easy to find people who live and breathe a particular type of specialty.

Some choose to go the big company route and purchase services of, say, a Lawn Doctor for their grass, or Roto-Rooter for their plumbing. But others simply hire workers through the references of friends or co-workers, or choose to use websites that list a bunch of specialists and services.

When hiring a big company to do the work you need, contracts are typically already made up so one just has to plug in their name, address and other pertinent information.

But when hiring an independent worker many people just use an agreement they write themselves -- perhaps in an email -- to finalize the deal, and some people go solely off trust and don't use any formal agreements at all. Some rely on verbal agreements which, though technically binding, are in practice unenforceable.

Although verbal agreements and email exchanges that specify the detail of the task are legally binding in the United States, having a formal contract makes you appear a little more professional, which may set the playing field for how good the worker performs.

Digital signatures

To make the process of securing a signature on written agreements easier, a few companies have created digital contract sites so you don't have to worry about faxing hard copies.

You also don't have to count on that firm handshake you and the worker had, and hope it's enough to finalize the deal.

EchoSign is arguably one of the more popular digital contract sending services and the company has made it fairly fast and easy to send anyone a legal document with the click of a button.

The user would scan and upload the hardcopy before sending it out, then enter the recipient's email and press send. The person you're hiring would simply enter their name and initials and hit the "Click to Sign" button, or they can print and sign the document and send it back to you.

Soon after, all parties receive an email with a PDF of the document so they can keep it for their records. EchoSign also files the form in their system as a backup for you.

In many cases though, convenience costs, and in this case EchoSign's prices can range from the not-too-bad, to the relatively pricey.

It's free to sign up, but the "Pro" version starts at $14.95 a month.

If you send contracts and work with a team who will also need access to the documents, the cost ranges from $40 to $80 a month depending on the amount of people your team has.

Rounding out the price range for EchoSign is $299 for the Enterprise package and $399 for global use.

E-Sign Act

In June of 2000 Congress enacted the Electronic Signatures in Global and National Commerce Act (E-Sign Act), which provides regulation on digital contracts in terms of what is considered valid and what isn't.

The E-Sign Act pretty much says an electronic signature holds the same amount of legal weight that a paper document does.

The federal guidelines also say you must provide the recipient with the option of receiving a hard copy of the document, and also have the right to refuse the use of a digital contract.

In order for the signature to be legal it has to be verifiable and under the control of the person using it, says the law. Also, once a person signs a contract digitally or otherwise, it cannot be altered in any way.

But let’s say you need to sign a contract that's being sent to you, and time precludes you from waiting for a fax or FedEx package to arrive. There's a company that can help you with that too.

HelloSign is a web based service that allows you to receive, sign and send digital contracts that can be signed with just your finger. It's also available on the form of an iPad and iPhone app.

The app is made by the same company that created HelloFax, which allows you to upload or drag a document into the company's website and fax it to someone by just entering their number and pushing a button.

The makers of HelloSign say they're on their way to creating a completely paperless office, and their new app will bring the convenience of sending a digital document to smartphones and other mobile devices.

Users can import a PDF or take a photo of the document, sign it with their finger then email it.

"We have been promised the paperless office for more than 30 years, but the digital signature industry has stagnated with expensive and bloated options priced for the large enterprise," explained founder of HelloSign and HelloFax Joseph Walla.

"HelloSign changes that with its free, easy-to-use solution that works equally well for both consumer and businesses and breaks the costly and time-wasting cycle of signing documents— print, sign, scan— with its free, unlimited and secure digital signatures on the web or with an iPhone and iPad app," he said.

Walla also says the app is ideal for the company-of-one who offers a service, or the big corporation that has several departments and divisions.

There are other websites and apps like HelloSign but most only offer free use for a short trial period, then you have to pay.

HelloSign is free and users can sign and send an unlimited amount of documents at no additional costs, so it’s a pretty good service to keep around just in case you need it.

The app also has a tracking feature so you can keep tabs on exactly when the document is received an opened.

HelloSign is currently available for download at the iTunes app store.