Current Events in August 2012

We've been hearing a lot lately on how well folks are doing financially. Well, that may or may not be the case. 

A new survey by RetailMeNot.com, the largest U.S. online coupon site, finds that 71% of consumers have a dismal view of the economy. Further, 1 in 4 are worried about being able to make all the necessary purchases in the coming months. Only 3% of respondents felt that the economy is in "good shape." 

"Our most recent survey looked at how consumers plan to shop for the remainder of the year. We believe a lackluster economy combined with high demand for discounts while shopping will lead to more frequent and higher first-time use of coupons over time," said Kristen Remeza, editor-in-chief of RetailMeNot Insider. "As shopping for the holidays -- in-store and online -- begins to gain steam, there are two other findings of note: First, nearly a third of consumers -- 31% -- intend to do their holiday shopping online in 2012. Second, 39% of consumers start their holiday shopping before November." 

The results of the survey found these shopping behaviors for the upcoming "holiday" shopping period: 

• 39% of respondents start their holiday shopping before November.
• Women (46%) are more likely than men (31%) to start their shopping earlier than November.
• 23% of respondents start shopping in early November, 12% wait to start shopping until Black Friday/Cyber Monday and only 15% wait until after Cyber Monday to begin shopping.
• 54% of respondents finish their holiday shopping sometime between Black Friday and when they actually give away the gift during the holidays.
• Nearly 1 in 3 respondents (32%) say they are done with their holiday shopping by the end of Cyber Monday.
• Women (58%) are more likely than men (50%) to say they tend to finish their holiday shopping after Cyber Monday.
• Nearly a third of respondents (31%) intend to do their holiday shopping online in 2012 vs. a majority who intend to shop in-store (59%).
• More than 70% of consumers (71%) think the economy is in "bad" or "terrible" shape.
• A quarter (25%) believe that the economy is in "okay" shape, and fewer than 1 in 20 think that it is in "good" (3%) or "fantastic" (1%) shape.
• Those 55 years old and over have a particularly negative view of the economy, with nearly 8 in 10 respondents (78%) saying that it is in "bad" or "terrible" shape – including 37% who think it is in terrible shape -- compared to 61% of those under 35.
• Nearly 1 in 4 (24%) feel it will be difficult to purchase things they need over the next several months.
• 4 in 10 respondents (40%) say that they should be able to get most of what they need in the coming months, but not be able to afford it all.
• Only about a third of respondents (36%) are not worried about being able to buy all the things they need in the coming months.

Zest Garden, of Ontario, CA, is recalling about 22,500 Wilson & Fisher White Cast Bistro Table and Chairs Sets.

The chairs can break during normal use, posing a fall hazard to consumers. Zest Garden has received five reports of chairs breaking, including three reports of injuries.

This recall involves three-piece patio sets sold in a white, cut-out rose pattern. The set consists of a table and two chairs made of cast iron and aluminum. The table is about 26 inches high and measures about 24 inches in diameter. Each chair is about 33 inches high with an oval-shaped seat that measures about 19 inches long and about 16 inches wide. The item number is XG-1015-23. The product measurements, the item number and "Wilson & Fisher White Cast Bistro Set" and "Made in China" are printed on labels located on the product's packaging.

The sets, manufactured in China, were sold exclusively at Big Lots stores nationwide from November 2011 to May 2012 for about $100.

Consumers should stop using the set immediately and return it to any Big Lots store for a full refund.

For more information, contact Zest Garden at (800) 893-3006 between 9 a.m. and 5 p.m. PT, Monday through Friday, send an e-mail to info@zestgarden.com, or visit the firm's Website.

It's definitely that time of year again when television and cable networks try to wow and amaze us with their new fall shows.

Year after year it seems the battle for viewership grows more intense as network TV tries to keep up with the anything-goes nature of cable programing, while cable channels attempt to achieve the longevity that network television channels have.

One of the most buzzed-about shows this fall season is clearly “Elementary” on CBS, for its creative take on detective Sherlock Holmes and his trusty partner in crime-solving, Watson.

But instead of an older gentleman with a deerstalker hat and pipe, this version of Sherlock Holmes is a young, fast-talking, sarcastic recovering drug-addict living in Manhattan, played by British actor Jonny Lee Miller.

The character of his side-kick Watson is also written with a refreshing twist.

Played by Lucy Liu, of “Ally McBeal” fame, Dr. Joan Watson is not only Holmes' case-unraveling-companion, she's also his drug recovery sponsor which puts yet another spin on this modern take on an old detective series.

Containing a well-balanced mixture of humorous banter and probable New York City crime drama, the show has the see-if-you-can-solve-the-case-nature of Law & Order and the witty exchanges of popular shows like “30 Rock” or “Modern Family.”

"Elementary" premieres on September 25, at 10 p.m. Eastern. 

The Mindy Project

Another show heavily buzzed about is “The Mindy Project,” starring Mindy Kaling of “The Office”. The show follows Kaling through her daily maze of work and life, as she plays a witty and single physician who doesn't quite have her dating and personal life all the way intact.

Also set in Manhattan, the Fox network sitcom is anticipated to be a hit among viewers 18 to 34, and its creators expect not only to capitalize on the popularity of “The Office,” but to also take advantage of the rising celebrity profile of Kaling, who is also a writer on the show.

Viewers can see if The Mindy Project hits the mark when it airs September 25 at 9:30 p.m. Eastern. 

NBC needs a Revolution

NBC has a few new shows that it hopes will bring the suffering network, now owned by penny-pinching Comcast, back to at least a semblance of its glory days when programs like “Seinfeld,” “Friends” and “ER” sat atop the ratings hill.

Many critics believe the channel's science-fiction based drama “Revolution” might help NBC get a bit of its programming swagger back.

"Revolution" is set 15 years after an unmentioned apocalyptic event robs the earth of all its electricity. Everything that requires any electrical power fails to work including automobiles, airplanes, and even objects that only require batteries.

Eventually the U.S. Government collapses, and like any good post-apocalyptic tale, sheer anarchy breaks loose — dividing the country into independent armies and area leaders.

The protagonist in the series is really the entire family of the Mathesons, who hold some sort of object that could not only reinstate the earth's electricity, but also reveal why it shut down in the first place.

And of course the enemies of the Mathesons, which seems mainly to be the mean Captain Tom Neveille played by Giancarlo Esposito, is on the hunt for the family, desiring to capture the object that will explain why the electricity died 15 years prior.

You can catch this one starting September 17, at 10 p.m. Eastern, right after the popular singing show “The Voice.”

Single parents

Another buzzed about NBC show is the comedy series “Guys With Kids,” executive produced by late night funny man Jimmy Fallon.

Whether all the talk of the show has been manufactured by NBC, or it simply comes from Fallon's association, "Guys With Kids" has a heavy presence on subway billboards, TV spots, and website pop-ups, despite its run of the mill premise.

The show doesn't seem to cover new ground, with three single fathers unsure about how to properly care for newborn babies.

But as in any TV series, its level of quality will be determined by the writing team’s willingness to avoid clichés and routinely covered storylines.

How successful they are at accomplishing this feat will be determined on the show's premiere date of September 12, at 10p.m. Eastern. 

Also playing

Among last season’s new shows that are returning to their airwaves this fall is HBO's comedy series “Girls” about a group of female 20-somethings living in New York. 

The show not only caught the eyes and ears of viewers and critiques alike, but also garnered an Emmy nomination earlier this year.

Showtime's “Homeland” starring Claire Danes is also returning to the cable network for its second season.

The series follows Dane's character Carrie Mathison, as a CIA operations officer who is uncovering a mole within the United States defense team that she suspects is war hero and Marine Sergeant Nicholas Brody, played by Damian Lewis.

Homeland has been one of the most anticipated cable shows to return this year, and when it premiers on Sunday September 2, at 10 p.m. eastern time, many fans will be tuning in to see what new answers will be revealed.

And on the Late Night talk show front, host and comedian Jimmy Kimmel will move from his normal time slot of 12:05 a.m. to 11:35 p.m., starting in January 2013, taking on television big-boys David Letterman and Jay Leno.

The ABC network is moving Kimmel to the competitive time slot, as his Jimmy Kimmel Live! show is increasingly growing in popularity, and the network feels moving the show will allow for even a wider audience.

Things aren't looking very free and clear today for the promoters of John Beck's Free & Clear Real Estate System, an infomercial-hawked product that claimed consumers could make easy money by paying just $39.95.

A U.S. district court today ordered the promoters to pay a record $478 million for deceiving nearly 1 million consumers. The order comes about four months after the court granted the Federal Trade Commission's (FTC) request for summary judgment against the marketers.

“This huge judgment serves notice to anyone thinking of using phony get-rich-quick schemes to defraud consumers.  The FTC will come after you if you violate the law.  It’s also a reminder to consumers that they should be skeptical about these types of easy-money claims,” said Jeffrey Klurfeld, Director of the FTC's Western Region. 

Regarding the John Beck system, the court found that the defendants falsely represented that consumers could purchase homes at tax sales in their own area for pennies on the dollar and that they could make money easily with little financial investment.

The court found that the earnings claims in the John Alexander infomercial were false, and that the Jeff Paul infomercial misled consumers by creating an overall impression that "a typical consumer can easily, quickly, and 'magically' earn thousands of dollars per week simply by purchasing and using" the system. In contrast to the infomercials' easy-money claims, the court found that less than one percent of consumers who purchased the systems made any profit whatsoever.

Consumers who purchased the systems were automatically enrolled in continuity programs that charged recurring fees and cost an extra $39.95 per month. The court found that the defendants failed to adequately disclose that consumers who purchased the systems would be enrolled in the continuity plans and submitted consumers' payment information without their express informed consent, in violation of the FTC Act and the Telemarketing Sales Rule (TSR).

DISH Network, one of the nation's largest providers of satellite television service, faces a Federal Trade Commission lawsuit alleging that it illegally called millions of consumers who had previously asked telemarketers from the company or its affiliates not to call them again.

The calls allegedly violated provisions of the FTC's Telemarketing Sales Rule that state that even if a consumer is not on the National Do Not Call Registry, a telemarketer may not call him or her again if the consumer specifically asks to be placed on the company's own entity-specific do-not-call list.

"We have vigorously enforced the Do Not Call rules and will continue to do so to protect consumers' right to be left alone in the privacy of their own homes," said FTC Chairman Jon Leibowitz. "It is particularly disappointing when a well-established, nationally known company – which ought to know better – appears to have flagrantly and illegally made millions of invasive calls to Americans who specifically told DISH Network to leave them alone."

According to the FTC's complaint, DISH Network violated the agency's Telemarketing Sales Rule while calling consumers nationwide in an attempt to sell its satellite television programming.

DISH Network makes these telemarketing calls both directly to consumers and via a network of authorized dealers who make calls on its behalf. Specifically, the FTC alleges that DISH has made millions of outbound telephone calls since about September 1, 2007 to consumers who had already told them that they did not want to receive any more telemarketing calls from the company.

The Department of Justice, working on behalf of the FTC, is currently litigating another case against DISH Network for allegedly calling consumers on the National Do Not Call Registry, or causing its dealers to make such calls.  Information developed as part of that case was used to bring the new case against Dish Network announced today.

In filing the complaint, the FTC aims to stop the illegal calls and is seeking civil penalties for DISH Networks' numerous alleged telemarketing violations.

The lowly mosquito was once thought to be mostly an annoyance in the U.S., but in recent years has become a feared agent in the spread of disease. In its latest update, the U.S. Centers for Disease Control and Prevention (CDC) says mosquitoes have contributed to a record U.S. outbreak of West Nile Virus.

As of August 21, 38 states reported infections with the most cases in Texas. Before 1999, the disease was unheard of in the U.S. As of this week, the CDC said more than 1,100 people had been infected and 41 people had died.

21 deaths

The Texas Department of State Health Services last week reported 552 state-confirmed cases of the disease, including 21 related deaths. The state has carried out aerial spraying in some areas that have been particularly hard hit but urged all residents to protect themselves by using insect repellent and draining standing water, which can be a breeding ground for mosquitoes.

Serious illness from West Nile Virus is still fairly rare. Many people who are infected show no signs at all. If you do exhibit symptoms they are likely to include vomiting, fever and headache. They can last anywhere from a few days to a few weeks.

Mosquitoes can be disease transmitters because, when they bite an infected person they draw some of the victim's infected blood. When the mosquito bites the next person, it can transmit the infection.

Virus from Asia

In addition to West Nile Virus mosquitoes can also carry a disease-causing virus from Asia. In laboratory experiments, researchers at SRI International demonstrated that mosquitoes from Virginia and Georgia can transmit a virus called Chikungunya (CHIKV), which has infected more than 2 million people in Asia, Africa, and parts of Europe since 2005. The U.S. has never witnessed an outbreak of CHIKV, although a number of infected people have been identified with a CHIKV infection acquired from travel to Asia.

Although CHIKV infection is rarely fatal, patients may suffer persistent complications, such as debilitating arthritis that can last from months to years. Currently, there is no drug to treat CHIKV and no vaccine is available.

"The findings underscore the importance of control measures, such as eliminating mosquito breeding sites, to prevent mosquito-borne viral infections for which there are no cures," said Rajeev Vaidyanathan, Ph.D., associate director of Vector Biology and Zoonotic Diseases in the Biosciences Division of SRI and lead study author.

For the experiment, researchers used the Asian tiger mosquito from the southeastern U.S. The tiger mosquito is common in Texas and the Midwest and along the East Coast as far north as New Jersey.

How to control mosquito populations

To control mosquito populations in your yard or neighborhood you must control standing water, which is the breeding ground for the mosquitoes. Don't allow garbage pails or buckets to collect rain water.

Keep gutters clean and free of debris that can cause clogs. That will reduce standing water in the gutters themselves and also prevent the overflow from spilling onto the ground next to the house and collecting.

Keep Swimming pools clean and chlorinated, even when not in use. Unattended swimming pools can quickly become mosquito breeding grounds.

Ornamental ponds should be aerated to keep water moving. Mosquitoes prefer still water for laying eggs.

Researchers at SRI say that, unfortunately, the huge number of foreclosures has contributed to the mosquito problem. Neglected property often ends up providing plenty of places for mosquitoes to breed.

Dole Fresh Vegetables is recalling 1,039 cases of bagged salad. The product being recalled is 10 oz. Dole Italian Blend coded 0049N2202008, with a Use-By date of August 20 and UPC 7143000819 due to a possible health risk from Listeria monocytogenes. 

No illnesses have been reported in association with the recall. 

The product code and Use-By date are in the upper right-hand corner of the package; the UPC code is on the back of the package, below the barcode. The salads were distributed in Florida, Alabama, North Carolina, South Carolina, Pennsylvania, Maryland, Mississippi and Virginia. This recall notification was issued due to an isolated instance in which a sample of Dole Italian Blend salad yielded a positive result for Listeria monocytogenes in a random sample test conducted by the North Carolina Department of Agriculture. 

No other salads are included in the recall. Only the specific product codes, UPC codes and August 20, 2012 Use-By date identified above are included in the recall. 

Consumers who have any remaining product with this Product Code should not consume it, but rather discard it. Retailers and consumers with questions may call the Dole Food Company Consumer Response Center at (800) 356-3111, which is open 8:00 a.m. to 3:00 p.m. (PT) Monday-Friday.

Think just three minutes a day will make you thin? Think again. 

As part of its efforts to stop over-hyped health claims, the Federal Trade Commission (FTC) has filed deceptive advertising charges against the marketers of the Ab Circle Pro -- an abdominal exercise device -- who promised consumers that exercising on the device for just three minutes a day would cause them to lose 10 pounds in two weeks. 

The marketers have agreed to settlements that provide as much as $25 million -- and at least $15 million -- depending on the volume of refunds consumers request. 

Consumers who bought an Ab Circle Pro can submit a refund claim here. 

The claims 

According to the FTC, the defendants promised in their ads that a three-minute workout on the Ab Circle Pro -- a fiberglass disk with stationary handlebars and two knee rests that roll on the edge of the disk, allowing consumers to kneel and rotate side-to-side -- was equivalent to doing 100 sit ups. In the infomercial, pitchwoman Jennifer Nicole Lee compared the Ab Circle Pro to a gym workout, saying, “You can either do 30 minutes of abs and cardio or just three minutes a day. The choice is yours.” 

The infomercial claimed that consumers using the Ab Circle Pro for three minutes a day would “melt inches and pounds,” and featured testimonialists claiming they had lost as much as sixty pounds. Consumers buying through the infomercial typically paid $200 to $250 for the device, while the price for those buying from retailers varied more widely. 

“The FTC reminds marketers that they should think twice before promising a silver-bullet solution to a health problem -- whether it involves losing weight or curing cancer,” Said David Vladeck, Director of the FTC’s Bureau of Consumer Protection. “Weight loss is hard work, and telling consumers otherwise is deceptive.” 

In addition to multiple versions of the infomercial -- which aired more than 10,000 times between March 2009 and May 2010 -- the defendants marketed the Ab Circle Pro online, in stores, in one- and two-minute television commercials, and in print advertisements. 

The charges 

The complaint names as defendants Fitness Brands, Inc., Fitness Brands International, Inc., and the two individuals who control them -- Michael Casey and David Brodess; Direct Holdings Americas, Inc. and Direct Entertainment Media Group, Inc.; infomercial producer Tara Borakos and two companies she controls -- Tara Productions Inc. and New U, Inc.; and Jennifer Nicole Lee and two companies she controls -- JNL, Inc. and JNL Worldwide, Inc. 

The complaint charges all the defendants except Lee and her companies with making false and/or unsupported claims, including that using the Ab Circle Pro caused rapid or substantial weight and fat loss; resulted in loss of weight, fat, or inches in specific parts of the body, such as the abdomen, hips, buttocks, and thighs; provided fat loss and weight loss equivalent to, or better than, a much longer gym workout; and provided the same rapid and substantial weight loss that people who provided testimonials for the infomercial said they experienced. The complaint also charges the Fitness Brands, Inc. defendants with providing the means to Direct Holdings Americas, Inc. and Direct Entertainment Media Group, Inc. to deceive consumers. 

The complaint charges all the defendants with misrepresenting that using the Ab Circle Pro allowed Jennifer Nicole Lee to lose 80 pounds. 

The complaint names Reader’s Digest Association, Inc. as a relief defendant, alleging that the company received proceeds of the deceptive advertising from its subsidiaries, Direct Holdings Americas and Direct Entertainment Media Group. 

The settlement 

Under the settlements, Lee and the two companies she controls cannot misrepresent that the Ab Circle Pro, any substantially similar device, or any exercise equipment, food, drug, or device contributed to her weight loss. She also cannot endorse any exercise equipment, food, drug, or device unless the endorsement reflects her honest opinion or experience. 

The settlements bar all defendants other than Lee and the two companies she controls from claiming that the Ab Circle Pro or any similar device is likely to cause rapid and substantial loss of weight, inches, or fat; is likely to do so in specific areas of the body such as the abdominal area, hips, thighs, and buttocks; or makes a significant contribution to an exercise plan that provides rapid and substantial loss of weight, inches, or fat. 

The defendants also are prohibited from claiming that the Ab Circle Pro or any similar device, if used for three minutes a day, causes users to lose 10 pounds in two weeks; provides the same exercise benefits as doing 100 sit-ups; or provides weight- or fat-loss benefits that are equivalent or superior to longer workouts on other exercise devices or gym equipment. 

The settlements also prohibit all except the Lee defendants from making fat-, inch-, or weight-loss claims for any exercise equipment, food, drug, or device unless such claims are supported by competent and reliable scientific evidence. 

The defendants further cannot claim that consumers using such products can generally expect to achieve the results claimed by endorsers of the products, unless such claims are supported by competent and reliable evidence. 

The settlements bar the Fitness Brands, Inc. defendants from providing others with the means to make any of the representations prohibited above. 

Under the settlements, the Fitness Brands, Inc. defendants will pay $1.2 million. Direct Holdings Americas, Inc.; Direct Entertainment Media Group, Inc.; and relief defendant Reader’s Digest will pay $13.8 million -- and up to $10 million more, depending on the volume of refund requests.

Money may or may not be the root of all evil, but online survey results suggest it is very much the root of all arguments among couples.

A poll of more than 2,100 engaged, married or pregnant women across Websites owned by media company XO Group found that money crops up in couples' arguments at every lifestage.

It can start with the wedding

For example, the survey found that half of engaged couples argue about money and finances while planning their wedding. Once married, about one-third of couples argue about when to start a family, with more than half of these couples -- 61 percent -- unsure if they have the money to have a family.

"Every couple argues, it's perfectly normal," said Carley Roney, XO Group co-founder. "We wanted to get to the cause of the issues that come up at key moments in couples' lives and find out why they clash so that we can offer help."

Be open and honest

Relationship experts say honest and upfront conversations about financial priorities and views on money are critical to a successful relationship. And in the case of marriage, some weighty financial decisions come front-loaded in the relationship.

There's the planning of the wedding, which can be very expensive. There's the matter of buying a home and the decision to start a family. Misunderstandings and conflicts easily arise unless both partners know where the other stands.

Weddings have gotten more elaborate and more expensive over the last two decades, creating a relationship mine field for many couples. Chase Blueprint, a free set of financial-management features available on select Chase credit cards, was created in part to help cardholders organize their finances and manage their spending and borrowing through all of life's stages.

More than half of engaged couples have tiffs over whether their wedding is the best way to spend the money they have. According to the Chase Blueprint, the process of planning a wedding is a good time in life to ensure that couples have a financial plan in place for the wedding and beyond.

Why not just elope?

Of the couples who clash about money and finances, about half -- 49 percent -- fight because they don't have the budget to have the wedding they want, so each and every planning detail becomes stressful to them. When parents contribute financially to the wedding, things can also get heated. Among couples where family politics has caused issues, 22 percent fought because their parents were giving them money for the wedding and then thought that gave them license to help plan, too.

The survey also revealed that three out of four married couples disagree about money and expenses. With the majority of couples arguing about money and expenses, nearly half of these couples do so because they want nice things but don't have the budget for them, and 41 percent disagree on where to spend their money.

Among couples who argue about expenses, nearly one out of three wives say they are more frugal than their partners. Of the 34 percent of couples who disagree about when to start a family, about one-third say they are not sure if they're ready for the responsibility of raising children.

Financial relationship tips

In addition to maintaining open and honest dialog about money, financial planners recommend these five steps to help couples avoid conflicts about money:

• Each partner should have a separate checking account, in addition to a joint one
• Make a budget and track family expenses
• Set financial goals that both parties agree on and review them often
• Talk about finances on a regular basis
• Try to save 10 percent of your income

Agriculture Secretary Tom Vilsack today designated 33 additional counties in 8 states as natural disaster areas -- 23 counties due to drought.

In the past six weeks, the Agriculture Department (USDA) has designated 1,821 counties in 35 states as disaster areas -- 1,692 due to drought -- while USDA officials have fanned out to more than a dozen drought-affected states as part of a total U.S. government effort to offer support and assistance to those affected by the drought.

Help on the way

In an effort to help farmers, ranchers and businesses hurt by the most severe drought in 50 years, USDA intends to file special provisions with the federal crop insurance program to allow haying or grazing of cover crops without affecting the insurability of planted 2013 spring crops -- a move that can help provide much needed forage and feed this fall and winter for livestock producers.

In a separate step, Vilsack said he will modify emergency loans, allowing loans to be made earlier in the season helping livestock producers to offset increased feed costs and those who have liquidated herds.

Crop update

The U.S. Drought Monitor indicates that 63 percent of the nation's hay acreage is in an area experiencing drought, while approximately 71 percent of the nation's cattle acreage is in an area experiencing drought.

Approximately 85 percent of the U.S. corn is within an area experiencing drought, down from a peak of 89 percent on July 24, and 83 percent of the U.S. soybeans are in a drought area, down from a high of 88 percent on July 24. On Aug. 10, USDA estimated the 2012 U.S. corn crop to be the eighth largest in history, at roughly 10.8 billion bushels. In 1988, when U.S. farmers were hit by another serious drought, total production was 4.9 billion bushels.

During the week ending August 19, USDA's National Agricultural Statistics Service reported that 51 percent of U.S. corn and 37 percent of the soybeans were rated in very poor to poor condition, while rangeland and pastures rated very poor to poor remained at 59 percent for the third consecutive week.

New designees

Primary counties and corresponding states designated as disaster areas for drought and other reasons:

California [drought]

• Alpine

Georgia [drought]

• Forsyth
• Hall

Idaho [drought]

• Bannock
• Bear Lake
• Cassia
• Fremont
• Oneida

Idaho [other]

• Bannock
• Camas
• Fremont
• Nez Perce
• Payette
• Bonneville
• Cassia
• Gem
• Oneida
• Teton

Indiana [drought]

• Randolph

Kansas [drought]

• Marshall

Nebraska [drought]

• Gage
• Johnson
• Nuckolls
• Richardson
• Jefferson
• Nemaha
• Pawnee
• Thayer

Tennessee [drought]

• Dickson
• Henderson

Utah [drought]

• Beaver
• Iron
• Piute

If you are worried that car thieves are coveting your shiny new luxury car perhaps you should be more concerned about the other car in your garage, if it happens to be a 1994 Honda Accord. It turns out that's the car thieves really want.

Each year the National Insurance Crime Bureau (NICB) picks its “Hot Wheels,” its list of the 10 most-stolen vehicles in the United States for the previous year. The report examines vehicle theft data submitted by law enforcement to the National Crime Information Center (NCIC) and determines the vehicle make, model and model year most reported stolen in 2011.

The remarkable thing about the list is most of the cars are 1990s vintage. The newest model is a 2006 Ford pickup, which is the third most desirable vehicle in the eyes of a thief. Why isn't your 2010 Toyota Prius or 2011 Volkswagen Passat on the list?

It's not that they aren't nice vehicles, but the reason a thief takes a car is usually to strip it down and sell the parts. Older vehicles are more valuable because there are more vehicles like them on the road that need parts. An increasing number of stolen cars are being resold -- intact -- overseas.

The top 10 “hot cars” were evenly split in 2011 with five belonging to foreign brands and five to U.S. automakers. Most popular models among the domestic brands were Ford, Dodge and Chevrolet pickup trucks each holding one spot with the Dodge Caravan and Ford Explorer rounding out the domestic models.

Here's the complete list:

1. 1994 Honda Accord
2. 1998 Honda Civic
3. 2006 Ford Pickup (Full Size)
4. 1991 Toyota Camry
5. 2000 Dodge Caravan
6. 1994 Acura Integra
7. 1999 Chevrolet Pickup (Full Size)
8. 2004 Dodge Pickup (Full Size)
9. 2002 Ford Explorer
10. 1994 Nissan Sentra

Car thefts have declined in recent years and NICB says 2011 appears to uphold that trend. Preliminary 2011 FBI crime statistics indicate a 3.3 percent reduction from the 737,142 thefts recorded in 2010. Vehicle thefts have not been this low since 1967. And while older models tend to dominate the list of most stolen vehicles, that doesn't mean your late model car is safe.

“While overall thefts continue to decline, we are seeing a trend toward increases in the thefts of late model vehicles -- ones that are theoretically harder to steal due to sophisticated key code technology,” said NICB President and CEO Joe Wehrle. “Today’s vehicle thieves are typically professional criminals who have figured out how to get the key code for a specific vehicle, have a replacement key made, and steal the vehicle within a matter of days.”

NICB says it is aware of nearly 300 thefts that took place in the first three months of this year in which thieves possessed replacement keys using illegally obtained key codes. The group says many thefts can be prevented by simply locking your car and taking your keys. More sophisticated and expensive deterrents include a warning system, an immobilizing device and a tracking device.

These days it seems like people from all walks of life have tattoos, which might lead you to believe that tattoos are completely safe.

But there are health risks that can result in the need for medical care. The Food and Drug Administration (FDA) is particularly concerned about a family of bacteria called nontuberculous Mycobacteria (NTM) that has been found in a recent outbreak of illnesses linked to contaminated tattoo inks.

M. chelonae, one of several disease-causing NTM species, can cause lung disease, joint infection, eye problems and other organ infections. These infections can be difficult to diagnose and can require treatment lasting six months or more.

Risk of serious infection

Some of these contaminated inks have caused serious infections in at least four states in late 2011 and early 2012. FDA is reaching out to tattoo artists, ink and pigment manufacturers, public health officials, health care professionals, and consumers to warn them of the potential for infection.

FDA also warns that tattoo inks, and the pigments used to color them, can become contaminated by other bacteria, mold and fungi. To raise awareness and make diagnoses more accurate, FDA strongly encourages reporting of tattoo-associated complications to its MedWatch program, says Linda Katz, M.D., M.P.H., director of FDA’s Office of Cosmetics and Colors.

Getting the word out to tattoo artists is particularly critical. Even when they diligently follow hygienic practices, they may not know that an ink itself may be contaminated. Contamination is not always visible in the inks, Katz says.

FDA’s goal is to encourage these artists to take certain precautions in their practice and to urge potentially infected clients to seek medical care. “Reporting an infection to FDA and the artist is important. Once the problem is reported, FDA can investigate, and the artist can take steps to prevent others from being infected,” says epidemiologist Katherine Hollinger, D.V.M., M.P.H., from the Office of Cosmetics and Colors.

A challenging investigation

Tattoo inks are subject to FDA regulation. FDA investigates and intervenes when a serious safety issue arises. And that’s what happened here.

FDA’s CORE (Coordinated Outbreak Response and Evaluation) Network initiated and coordinated the investigation with state and local health departments and laboratories, the Centers for Disease Control and Prevention (CDC), and FDA investigators working in numerous district offices.

The investigation began in January 2012, when FDA, through its MedWatch reporting program, learned about seven people in Monroe County, NY, who had NTM infections. They’d all gotten tattoos from the same artist, who used the same brand of ink on all of them. The infections occurred on the newly acquired tattoos, with red bumps appearing soon after the tattoo had healed.

FDA later learned of 12 more people with an NTM infection who were also clients of this same tattoo artist. The same brand of ink was also used on them. Of these 19 people, 14 were confirmed to have the same type of NTM infection. An NTM sample from a sealed container of the same type of ink used to tattoo the affected individuals was a perfect match to the NTM linked to these infections.

Meanwhile, FDA learned of outbreaks of NTM infections in other states, including but not limited to Washington, Iowa and Colorado. The cases in these states involved different NTM species or different ink manufacturers than those in New York. While the infections in Washington, Iowa and Colorado were not linked to the New York infections, there was a link identified between the M. chelonae infections in Washington and Iowa.

For the New York outbreak alone, FDA investigators visited the tattoo ink supplier and manufacturer. These were located as far away as California. These investigations resulted in a recall of the implicated ink.

Controlling infection risks

Tattoo artists can minimize the risk of infection by using inks that have been formulated or processed to ensure they are free from disease-causing bacteria, and avoiding the use of non-sterile water to dilute the inks or wash the skin. Non-sterile water includes tap, bottled, filtered or distilled water.

Consumers should know that the ointments often provided by tattoo parlors are not effective against these infections. NTM infections may look similar to allergic reactions, which means they might be easily misdiagnosed and treated ineffectively.

Once an infection is diagnosed, health care providers will prescribe appropriate antibiotic treatment according to Katz. Such treatment might have uncomfortable side effects, such as nausea or gastrointestinal problems. However, without prompt and proper treatment an infection could spread beyond the tattoo or become complicated by a secondary infection.

If you suspect you may have a tattoo-related infection, FDA recommends the following:

• Contact your health care professional if you see a red rash with swelling, possibly accompanied by itching or pain in the tattooed area, usually appearing 2-3 weeks after tattooing.
• Report the problem to the tattoo artist.
• Report the problem to MedWatch on the Web or at 1-800-332-1088; or contact FDA's consumer complaint coordinator in your area.

Why tattoo inks go bad

Inks and pigments can be contaminated through:

• use of contaminated ingredients to make inks,
• use of manufacturing processes that introduce contaminants or allow contaminants to survive,
• use of unhygienic practices that contaminate ink bottles or mixing with contaminated colors,
• use of non-sterile water to dilute the inks, and
• using tattoo inks past their expiration date.

Central Valley Meat in Hanford, CA, has been shut down.

The company was notified by the Agriculture Department’s (USDA) Food Safety and Inspection Service (FSIS) that it was immediately suspending the assignment of inspectors at the establishment on August 19 -- effectively halting slaughter operations at the establishment.

Within hours of being provided video taken by an animal welfare organization, USDA initiated an investigation, dispatching several teams of investigators to California and gathering information on the ground.

In terms of humane handling, FSIS found violations and suspended the mark of inspection. The teams will continue to examine the violations which have been documented in the video provided.

In terms of food safety, the video footage provided to USDA does not show a "downer" animal entering the food supply. However, the department is conducting a thorough investigation that encompasses food safety and will respond appropriately to its results.

"Our top priority is to ensure the safety of the food Americans feed their families," said Al Almanza, Administrator of the Food Safety and Inspection Service. "We have reviewed the video and determined that, while some of the footage provided shows unacceptable treatment of cattle, it does not show anything that would compromise food safety. Therefore, we have not substantiated a food safety violation at this time. We are aggressively continuing to investigate the allegations."

The regs

USDA food safety regulations state that, if an animal is non-ambulatory disabled at any time prior to slaughter, it must be condemned promptly, humanely euthanized, and properly discarded so that it does not enter the food supply.

FSIS is responsible for ensuring that meat, poultry, and processed egg products are safe, wholesome, and accurately labeled, and also works to ensure industry's compliance with poultry good commercial practices and with the Humane Methods of Slaughter Act (HMSA), which requires that livestock be handled and slaughtered in a humane way.

Many baby boomers recall being admonished to clean their plates at dinner, reminded that there were plenty of hungry children in some country or other. But the ethic against wasting food appears to have all but died out.

A new report by the National Resources Defense Council (NRDC) claims Americans are tossing out 40 percent of their food, the equivalent of $165 billion in uneaten food each year. The report comes at a time when food prices are beginning to rise because of the severe summer drought.

“As a country, we’re essentially tossing every other piece of food that crosses our path -- that’s money and precious resources down the drain,” said Dana Gunders, NRDC project scientist with the food and agriculture program. “With the price of food continuing to grow, and drought jeopardizing farmers nationwide, now is the time to embrace all the tremendous untapped opportunities to get more out of our food system. We can do better.”

Tossing out $2,275 a year

The report says the average American family of four ends up throwing away an equivalent of up to $2,275 annually in food. However, all of this waste cannot be laid on the plate of the consumer.

Grocery stores often stock more perishable food than they can sell. The spoilage is a cost of doing business, but is included in NRDC's total. Fast food restaurants often have time limits for sandwiches to either be sold or tossed.

In the increasingly competitive food service industry, restaurants have over the years greatly expanded portion sizes as a means of attracting customers. Customers may order the Super Jumbo Tenderloin Platter with all the trimmings but find they are unable to consume all of it.

Filling up landfills

But no matter where the wasted food is coming from, the NRDC says it is now the single largest component of solid waste in U.S. landfills.

In its report, the NRDC says grocery stores and other sellers are losing as much as $15 billion annually in unsold fruits and vegetables alone, with about half of the nationwide supply going uneaten. In fact, it says fresh produce is lost more than any other food product -- including seafood, meat, grains and dairy -- at nearly every stage in the supply chain. The report says supermarkets should decrease their offerings of perishable items.

But the report doesn't let consumers off the hook, calling them “a major contributor to the problem,” with the majority of food losses occurring in restaurants and household kitchens.

Gargantuan portions

“A significant reason for this is large portions, as well as uneaten leftovers,” the group says. “Today, portion sizes are two to eight times larger than the government’s standard serving sizes.”

NRDC is, of course, approching food waste as an environmental issue. It says wasted food also translates into wasted natural resources, because of the energy, water and farmland necessary to grow, transport, and store food. It says about half of all land in the U.S. goes to agriculture; some 25 percent of all the freshwater consumed in this country, along with four percent of the oil, goes into producing food that is never eaten.

As a solution it calls for the U.S. government to set national goals for waste reduction. It says businesses should take the opportunity to streamline operations and reduce food losses. And as for consumers, the report suggests they can waste less food by shopping wisely, knowing when food goes bad, buying produce that is perfectly edible even if it doesn't look that good, cooking only the amount of food they need, and eating their leftovers.

Oh yeah, and clean your plate!

Okay, it's Saturday night and you're preparing to have a dinner party. The guests will be arriving in a few hours, and you're racing around the house trying to pull both you and the dining room together.

The table is just about set, the last pot of food spews its last few bubbles before completion, and you're thankful because you have just the right amount of your best plates for each guest.

Then tragedy: One of the plates falls and breaks in half. Normally this would be a catastrophe, but you just purchased a new 3D printer, so you're able to calmly exhale.

You then print up a new dinner plate — identical to the original — place it on the table and finish getting ready for an evening of friends, conversation and food. And no, you don't have to wear special glasses to see it.

Next big thing

This way of self-manufacturing, and fixing things in your home is said to be the next global-changing-technology since the Internet or the television, some experts say.

“Personally, I believe it's the next big thing, says Abe Reichental, president and CEO of 3D Systems, one of biggest companies that make 3D printing machines.

“I think it could be as big as the steam engine was in its day, as big as the computer was in its day, as big as the Internet was in its day. And I believe this is the next disruptive technology that's going to change everything. It's going to change how we learn, it's going to change how we create, and it's going to change how we manufacture,” he says.

What it is

Exactly what is this new technology?

Three dimensional printing isn't new, as it used to be called “Rapid Manufacturing” or “Additive Manufacturing” in the 1980s to duplicate specific parts for machinery and other objects.

But since the early thousands 3D printers have developed somewhat of a consumer following, as more companies are making them commercially available, which has also lowered the price.

3D Systems has made what it calls the BotMill 3D Printer, which ranges from $999 to nearly $14,000 depending on the specific model. The company says it's easy to assemble and use, and comes with everything needed, including the required plastic material to duplicate items you would normally buy or replace in a store.

3D printers are able to take any digital design, slice it into thin layers, and stack those layers of material to duplicate the original object. On a video demonstration Reichental printed a napkin holder in a little over two hours using The Cube printer. The Cube kind of resembles a futuristic sewing machine and it's relatively inexpensive at $1,300.

Reichental says duplicating products will completely change the way companies manufacture durable goods, as 3D printing is theoretically less expensive, much faster and environmentally less harmful.

Reichental believes the 3D printing business will go from being a half billion dollar industry to a $35 billion industry in the next decade, as companies are now testing the technology within crucially important areas like education and medicine.

Printed meat

Although companies have been using this inventive type of printing for quite some time, there are limits to how and where the printed objects can be used.

For example, a needed engine part for a commercial airplane isn't yet allowed to be duplicated, but maybe printing a test plane to try out the cloned parts will be a reality in the near future.

But for now, the next wave of 3D printing to grow in popularity is in the area of home products, jewelry items and other items you would typically buy in a store or order online, says Reichental.

But, just when you thought this type of printing would limit itself to households, machine parts and medicine, a company by the name of Modern Meadow is experimenting with printing actual meat of all things.

The company, which received a $350,000 donation by investor and entrepreneur Peter Thiel, began experimenting with 3D printed meat with hopes to shift the way it's commercially produced and distributed.

The co-founders of Modern Meadow, Andras and Gobor Forgacs, also developed the company Organovo, which tested 3D printing in prescription medicine, and human tissue.

“We currently produce organic tissues grown from cell samples, which can be used as a human analog for pharmaceutical drug discovery and development. The printing process can take as little as 12-24 hours. This can allow for more relevant results and less animal involvement than traditional research methods,” said Keith Murphy CEO of Organovo in an interview with Forbes.

The duo said their lab-created meat is still in its development stages, and early attempts to duplicate actual texture have been unsuccessful.

But over time, Modern Meadow believes it can manipulate taste and textures so companies will be able to produce meat differently, and keep up with the world's increasing meat consumption.

Some vegetarians have expressed interest in the development of this cloned meat, since it would obviously not require the killing of animals to create meals or leather products. Yet and still, 3D printing doesn't even stop there.

Print your own pistol

Recently, a gun expert used the technology to print a copy of a .22-caliber pistol that managed to fire real bullets. The maker of the duplicated gun used a 3D printer to build the outside of the pistol, and combined it with metal parts on the inside, so it was capable of carrying and firing actual bullets.

The gun's owner, who goes by the username HaveBlue, fired over 200 rounds of ammunition with the cloned pistol, and said the gun held up just fine.

To make the weapon, HaveBlue used an older model 3D printer (the Stratasys), and was able to create the necessary shell of the gun in a small amount of time for about $30, not including the metal parts he added.

Another kind of 3D printer called The Contour Crafting is said to be able to print an entire house in about 20 hours.

Behrokh Khoshnevis, who is a professor at the University of Southern California, said the machine can print a complete house with electrical wiring, painted walls, the necessary plumbing and other things a livable house would require.

Khoshnevis says the new technology is a fast and low-cost way to prepare homes damaged by storms. It could also potentially assist with the continued issue of homelessness.

Whether 3D cloning will be as big as the Internet still remains to be seen, but it does feel like we are on the precipice of some sort of change as it pertains to consumers, manufacturing, and medicine.

How soon 3D printing will widely be used in our everyday lives remains to be seen. But according to some experts, it's coming much sooner than later.

Homeowners who are "underwater" -- who owe more on their homes than they are worth -- may get some relief under a new program announced by the Federal Housing Finance Agency (FHFA). 

FHFA said Fannie Mae and Freddie Mac are issuing new, clear guidelines to their mortgage servicers that will align and consolidate existing "short sales" programs into one standard program, hopefully enabling lenders and servicers to quickly and easily qualify eligible borrowers for a short sale.

In a short sale, lenders agree to take less than the amount that is owed on a property in exchange for getting it off their books. 

The new program may help distressed homeowners like Paul of Jersey City, N.J.

“Due to a loss of my business and income I am trying to sell my home in a short sale rather than face foreclosure,” Paul told ConsumerAffairs recently. “I have an arms length buyer at a fair market price. The holder of the first lien, Hudson City Savings Bank has been compassionate and has worked well with us and our short sale negotiator and has signed off.”

But Paul said PNC, which holds his second mortgage, has not been cooperative.

“I was able to look at closing out my retirement account, which is my last remaining asset, and borrowing from my 92-year-old widowed mother to offer $60,000 in return for full forgiveness,” Paul said. “They refuse.”

The FHFA program limits the amount second-mortgage holders can collect to $6,000. That's intended to prevent endless haggling, although second-mortgage holders will still be able to block sales entirely.

Most second mortgages are in the form of home equity loans and are held by Bank of America, Chase, Wells Fargo and Citibank. Granting a large number of short sales could set off another round of heavy losses for the banks.

Not delinquent 

The new guidelines, which go into effect Nov. 1, 2012, will permit a homeowner with a Fannie Mae or Freddie Mac mortgage to sell their home in a short sale even if they are current on their mortgage if they have an eligible hardship.

Previously, short sales were available only to homeowners who were behind in their payments. 

Hardships that may make a seller eligible for the program include death of a borrower or co-borrower, divorce, disability, or relocation for a job.

“These new guidelines demonstrate FHFA’s and Fannie Mae’s and Freddie Mac’s commitment to enhancing and streamlining processes to avoid foreclosure and stabilize communities,” said FHFA Acting Director Edward J. DeMarco. 

More information about the program is available on the FHFA website. 

T-Mobile USA, a solid No. 4, has seemed somewhat adrift since its sale to AT&T Wireless fell through. But now the German-owned carrier is offering something its bigger rivals aren't: unlimited data.

Currently, T-Mobile USA throttes its customers' data speeds after they have downloaded a certain amount of data each month.

The new plan is designed to satisfy both data-hungry customers who want to experience all their smartphones are capable of and those wanting the peace of mind of never having to keep track of their data usage, the company said.

“We’re big believers in customer-driven innovation, and our Unlimited Nationwide 4G Data plan is the answer to customers who are frustrated by the cost, complexity and congested networks of our competitors,” said Kevin McLaughlin, vice president, marketing, T-Mobile USA.  

Not all consumers would agree with that. Despite its relatively small size, T-Mobile collects more than its share of customer complaints, with billing disputes in the lead.

"Usage charges appeared on my monthly bills many times. When I tried to talk to their representative, they are pretty mean and told me I need to pay for whatever showed on my bill, even if I did not order or did not know what the charges were about," said Flora of Philadelphia. "It seems like they wanted to end the conversation ASAP and they do not care about the customers at all."

T-Mobile's network is another source of frequent complaints.

"I only get about 50% of my text messages," said Melany of Cincinnati. "Half of the calls I make, people claim they never had a missed call from me and visa versa. I have gone into the store numerous times and all they suggest I do is power up and down, remove batteries, do a system reboot. It is not my phone, it is the network!"

T-Mobile has been steadily shedding customers to its rivals for months. Whether the unlimited data plan is enough to reverse that trend remains to be seen.

PayPal is becoming more of an off-line payment source, allowing account-holders to pay with PayPal in stores and restaurants.

In its latest move in that direction, it has announced a deal with Discover that will expand PayPal acceptance to more than seven million point of purchase locations in the U.S. beginning in 2013.

“What that means in a nutshell is that PayPal can be enabled as a payments option for our 50-plus million active users in the U.S. at any in-store location that accepts Discover,” Don Kingsborough, VP of Retail and Prepaid Products, said in a statement.

The addition of the Discover locations will add to the 16 million locations where PayPal is already in use. Kingsborough says more than 3,000 national retail chains accept PayPal.

Starting in 2013, Discover will work with PayPal to enable participating merchants to accept PayPal through their existing relationship with Discover.

Industry milestone

"The establishment of this relationship is a major industry milestone, which will help shape the emerging payments landscape by bringing together an established direct banking and payments company with a leading commerce enabler to create an alternative payments option for consumers at the point of sale," said Diane Offereins, President of Discover Payment Services. “This initiative will result in real change and innovation for the industry by bringing new technologies to the point of sale that benefit merchants and PayPal customers."

Kingsborough, meanwhile, says the relationship will create a seamless digital wallet allowing PayPal's users to spend their PayPal account money at brick and mortar locations where they shop. To offer PayPal, merchants will not have to install or upgrade existing point-of-sale hardware or software and consumers will know of this additional payments option through in-store signage.

PayPal currently is currently testing a point of purchase payment system at several retailers including The Home Depot, Abercrombie & Fitch or Jos. A. Banks. Originally established as a means to make online payments, it has begun a strategy to evolve into more of a traditional payment system, allowing customers to enter their mobile phone number and PIN on the merchant's payment terminal rather than swiping a card.

Under the newly announced agreement, Discover will process the PayPal payments made through its system.

It was hailed as a victory for just about everyone. But it turns out no one is very happy about the $6 billion settlement of a seven-year dispute between retailers and credit card issuers over "swipe fees." 

The latest to weigh in against it is the Retail Industry Leaders Association (RILA), whose 70 members include some of the world's biggest retailers -- Walmart, Target and Home Depot, among others.

The National Association of Convenience Stores (NACS), the National Grocers Association and other trade groups had already come out in opposition to the settlement -- and RILA is urging all of the plaintiffs in the case to oppose the deal.

RILA said it particuarly objects to terms that prevent retailers from suing credit-card companies in the future over processing fees. Of course, this is exactly the kind of outrageous demand big corporations routinely impose on their customers, but that's another story.

Who picks up the tab?

The settlement was announced in July with a great thunderclap proclaiming that Visa and MasterCard would have to pony up $6 billion, although when went mostly unsaid was that consumers might very well be the ones ultimately picking up the tab, since the settlement would allow retailers, who would split teh $6 billion, to impose a fee on customers who pay with credit cards -- in effect, allowing them to give a discount for cash.

The class-action suit combined more than 50 lawsuits that basically alleged that Visa and MasterCard had conspired to set swipe fees artifically high. 

Kennedy said the settlement demonstrates that retailers were on-target with their claims against the credit card companies.

“While Visa and MasterCard’s decision to pursue a settlement affirms the legitimacy of retailers’ claims, the flawed proposal upholds the networks’ anticompetitive practices and fails to provide retailers and their consumers with meaningful relief from tens of billions of dollars in hidden fees,” said  Kennedy. “We urge class plaintiffs to reject the proposal and send a clear message that a settlement that fails to engender competition and fix the broken electronic payments market is unacceptable.”

The settlement is not yet final. It must be approved by a federal district court judge in Brooklyn. The opposition of so many named plaintiffs and plaintiffs who are part of the class does not necessarily doom the settlement but it doesn't do much to grease the skids for it either.