Current Events in October 2012

The housing collapse of 2008 crushed millions of American home owners but a suit filed in federal court in New York claims it hit minority home owners particularly hard.

The suit, filed on behalf of five Detroit residents and Michigan Legal Services, is against the investment bank Morgan Stanley, claiming it discriminated against black homeowners and violated federal civil rights.

In a statement, the bank said the charges in the suit were without merit and promised a vigorous defense.

Encouraging risky business

The suit is tied to the securitization of mortgage-backed securities, the action that eventually brought on the credit meltdown. It seeks to hold Morgan Stanley accountable for allegedly providing strong incentives to a subprime lender to originate mortgages that were likely to be foreclosed on.

The suit is the first to connect racial discrimination to the mortgage-backed securities that were sold to institutional investors and pension funds. It is also the first case where a prospective class of victimized homeowners is suing an investment bank directly rather than the subprime lender whose loans the bank bought.

The lawsuit was brought by the American Civil Liberties Union (ACLU), the ACLU of Michigan, the National Consumer Law Center, and Lieff Cabraser Heimann & Bernstein, a San Francisco-based law firm. The complaint asks the court to certify the case as a class action.

Stepping forward

"With this lawsuit, real victims of the subprime lending scandal are stepping forward to hold investment banks like Morgan Stanley accountable for the devastation the banks wrought in their lives and in our economy,” ACLU executive director Anthony Romero said. “Illegal practices surrounding mortgage-backed securities robbed people of their homes, violated our civil rights laws and left all Americans holding the bag as our economy teetered on the brink of another Great Depression.”

The five homeowners in the suit received their loans from now-defunct New Century Mortgage Corp., a one-time major player in subprime lending. Many of its loans were eventually purchased by Morgan Stanley, which bundled them into securities.

One of the plaintiffs is Rubbie McCoy of Detroit, who purchased a home through New Century with an adjustable mortgage rate of 12.1 percent.

Dictated the terms

The plaintiffs argue Morgan Stanley provided funds to New Century to originate the loans and dictated the terms of the loans it wanted and ultimately purchased for its securitized pools. It allegedly pushed New Century to issue certain types of loans with no concern about risk, because it made its profit at the outset, when the securities were created and sold.

“Morgan Stanley actively encouraged the proliferation of irresponsible subprime mortgage loans, the complaint charges, in order to feed its hunger for purchasing, pooling, and securitizing mortgage debt for sale to investors,” said Elizabeth J. Cabraser, a partner at Lieff Cabraser Heimann & Bernstein, and co-counsel for the plaintiffs. “The targeting of communities of color for loans that unfairly raises the risk of default and foreclosure is the quintessential ‘reverse-redlining’ outlawed by the Federal Fair Housing Act.”

Somewhere around the time that Nirvana’s Kurt Cobain turned Seattle’s local Grunge scene into a full-fledged part of American music, another local scene was starting to take hold of the country.

The tradition of sitting in a coffee house spending hours and hours with a cup of Joe is as much a part of Seattle as its cloudy weather, and since the 1990s Starbucks has been the company that turned a local coffee drinking tradition into a national pastime of sorts, and today the ubiquitous chain is almost synonymous with the word coffee itself.

Starbucks is also synonymous with the word growth, as currently there are nearly 20,000 locations in over 60 countries around the globe, rivaling older chains like McDonald's and Subway in terms of having a consistent neighborhood presence.

But instead of only trying to grow more in size and making its coffee shops bigger with more spaces for both the customer and their laptops, the Washington State-based company is actually downsizing. Well, not in terms of the number of locations it will have, but in terms of the actual size of some of its coffee shops.

Greener and smaller

In recent days the company has opened up its first experimental green Starbucks location, but instead of being the usual beverage sipping hangout place, the new location is only a drive-through and walk-up window.

The president of global development for Starbucks, Arthur Rubinfeld, says he wants a portion of the company to return to the days when it was associated with being a community coffee house, as currently Starbucks is mainly known for being hot beverage making juggernauts only looking to expand in size.

“When I joined in ’92, we were under 100 stores,” Rubinfeld said in an interview. And we had an understanding that espresso-based beverages were on trend. We knew this from the loyalty of our customer base at the time, but our category-specialty-beverages was not in itself a business driver. At that point it was about establishing the American idea of the coffee house. Hundreds and hundreds of years old in Europe, it was mostly about community.”

The very look of the new Colorado Starbucks is likely to draw the eyes of curious consumers when they're driving or walking by. The structure resembles one of those brown wooden houses that stood in many suburban neighborhoods in the ‘70s and ‘80s before aluminum siding grew in popularity.

Although it certainly looks interesting enough, the structure also resembles a  boarded-up building, and if it wasn’t for that ever so familiar green Starbucks sign, neighborhood residents could possibly think it was some sort of failed business that had shut down.

And instead of putting a cozy lounge area inside so people can plug in their devices and camp out for a few hours, Starbucks is focusing on installing green items like LEED-certified drive-through signs.

No lounge

The location is also reported to be about 500 square feet, which holds just a couple of employees with no lounge or sitting area for customers.

Rubenfeld said that maintaining its community roots is crucial for the brand to stay truly connected to its vast customer base.

“Chicago is one of the early Starbucks entry points” he said. “When Starbucks entered in Chicago, it was at the core of office buildings on the way into work. Then it became more where you live work and play, and then it became the third place between home and office. The community connection point, the human interaction point that’s so critical.”

The new walk-up Starbucks is so small in size that it was delivered on a flatbed truck which should give you an idea of just how tiny this coffee shop is, and its designer Anthony Perez said he hopes this is only the beginning of companies rethinking their location designs and creating new structures with green components.

“What we’ve done is standardize the interior,” said Perez. “But what we want to be able to do is, as people are going around this prefab, we want the materials on that exterior to feel like it’s part of the local environment,” he said.

Japanese wireless carrier Softbank Corp. has reached agreement to buy 70% of Sprint for $20 billion, the largest foreign acquisition ever by a Japanese company. Both companies are No. 3 in their home markets. They use the same basic architecture, so there should be significant economies of scale in the merger.  

"Our management team is excited to work with SoftBank to learn from their successful deployment of LTE in Japan as we build out our advanced LTE network, improve the customer experience and continue the turnaround of our operations,” said Sprint CEO Dan Hesse.

It was just a few weeks ago that T-Mobile and MetroPCS announced plans to merge, setting off the usual lamentations about Sprint being left at the altar. Sprint has been barely holding its own in recent years and its merger with Nextel set the process back badly.

But Sprint and Softbank are saying that's all in the past now.

"SoftBank’s cash contribution, deep expertise in the deployment of next-generation wireless networks and track record of success in taking share in mature markets from larger telecommunications competitors are expected to create a stronger, more competitive New Sprint that will deliver significant benefits to U.S. consumers," the companies said in a joint statement.

SoftBank Chairman and CEO, Masayoshi Son, who founded the company in 1983, said, “This transaction provides an excellent opportunity for SoftBank to leverage its expertise in smartphones and next-generation high speed networks, including LTE, to drive the mobile internet revolution in one of the world’s largest markets.

"Our track record of innovation, combined with Sprint’s strong brand and local leadership, provides a constructive beginning toward creating a more competitive American wireless market.”

A few years back there was a push to hand out tooth brushes, pennies and small toys at Halloween instead of candy. Needless to say, that didn't go over so well with trick-or-treaters.

Still, some parents would like their children to come home with treats that are easier on teeth. Does any candy fit that description? The Academy of General Dentistry (AGD) says some candy is better in that regard.

While dentists would, in fact, prefer your children come home with a bag of tooth brushes and dental floss, they're realistic enough to know that's just not going to happen. They're just trying to limit the damage.

"Of course, dentists do not advocate that children eat large amounts of sugary treats, but it is that time of year, so we want to clarify for parents which treats are better for their kids' teeth and which ones may increase the risk of developing cavities," says AGD spokeswoman Cynthia Sherwood.

Worst choices

First, the very worst kind of candy for kids' teeth:

• Chewy/sticky sweets, such as gummy candies, taffy and even dried fruit can be difficult for children and adults to resist -- and even more difficult to remove from teeth. "These candies are a serious source of tooth decay, particularly when they get stuck in the crevices between teeth, making it nearly impossible for saliva to wash them away," said Sherwood, who is a dentist.
• Sour candies are highly acidic and can break down tooth enamel quickly. The good news: saliva slowly helps to restore the natural balance of the acid in the mouth. Sherwood recommends that patients wait 30 minutes to brush their teeth after consuming sour/acidic candies; otherwise, they will be brushing the acid onto more tooth surfaces and increasing the risk of enamel erosion.
• Sugary snacks, including candy corn, cookies and cake, all contain high amounts of sugar, which can cause tooth decay.

Best choices

So if you stay away from those kinds of treats, what's left? Sherwood has three suggestions:

• Sugar-free lollipops and hard candies stimulate saliva, which can help prevent dry mouth. "A dry mouth allows plaque to build up on teeth faster, leading to an increased risk of cavities," Sherwood said.
• Sugar-free gum can actually prevent cavities as it not only dislodges food particles from between the teeth but also increases saliva -- which works to neutralize the acids of the mouth and prevent tooth decay.
• Dark chocolate and its antioxidants, according to some studies, can be good for the heart and may even lower blood pressure.

"Parents should closely monitor their children's candy intake this Halloween -- and all year round -- and continue to promote good oral health habits," Sherwood said. "Kids also should be brushing their teeth twice a day for two minutes."

Remember the first time you experienced the benefit of having Caller ID?

Do you recall the first time you saw a person's phone number flash on that big bulky square box that was attached to your home telephone? Do you remember thinking, "this is just what I needed"?

At the time, Caller ID seemed to be a delicious taste of the future for consumers, and today, thinking about not having the ability to screen your  calls seems quite insane.

Also, most people don't just use their home phones to communicate with friends, family and associates, as mobile devices are the common way people choose to stay socially plugged-in. And using the caller ID feature is a big part of that process.

So the folks at White Pages have created what they call Current Caller ID that  not only allows you to see the phone number of the person calling you, but it also gives you other caller information -- including a person’s social media updates.

And according to the Director of Mobile Products at White Pages, Lori Roth, Current Caller ID allows one to better communicate with people, while also giving them other caller information they may find pertinent.

New Android app

“Current is a new Android app that takes Caller ID beyond simply identifying a name,” she said in a statement. “So we set out to marry call and text ID with social status, local news and weather to create a single useful service that makes it easy for people to instantaneously stay up-to-date with the people they communicate with the most.”

“This approach allows us to move well beyond making Caller ID just about a name and a number and provide consumers timely, relevant information to keep on top of things in an information overloaded world,” said Roth.

As most know, phones aren’t used just for phoning nowadays, and checking things like social media updates equals the daily routine of placing a call in terms of repetitive usage.  

In an interview with ConsumerAffairs, Roth says Current Caller ID is the ideal app, as it’s perfectly shaped to handle the way devices are used today and makes it easier for the user to navigate through the digital world, which can  be cumbersome sometimes.

“Between Facebook, LinkedIn, Twitter and other social networks, people are increasingly overwhelmed not only with hundreds of connections, but with thousands of updates,” she details. “Current helps you break through the clutter by providing social updates all in one place, when you need it the most — right when you are about to pick up the phone to call someone or as they are calling you. It is also the perfect conversation starter for friends, family and even business acquaintances.”

Different apps for this app

Roth also explains that people have been using Current Caller ID in a number of different ways so far.

And if you think about it, Current makes perfect sense as today’s consumer expects to have that wall of anonymity that's associated with digital exchange lowered -- so users are able to peek over it -- and see just who they’re communicating with.  

 “We have had nearly 1 million downloads since we launched in early August,” says Roth.

“The feedback has been tremendous with people using the app for a wide variety of use cases — everything from ensuring a Craigslist buyer is who they say they are (Caller ID verifies this), to a cheating girlfriend (an incoming call caught in the act!), to proof points that a needy girlfriend is indeed being paid attention to (infographics show time spent texting/calling one another)," she said.

As far as privacy concerns go, Roth says that Current Caller ID doesn’t release any social media information that the contact person doesn’t want viewable, so people still have the power to control what shows on the caller ID.

“We don’t see local information like weather and news as an invasion of privacy, as these things are readily available across any device with Internet access,” Roth affirms.

“As far as social information, we only surface updates for the people that you are connected to on Facebook, Linkedin and Twitter. As a user, you will only be able to see information that the contact has allowed to be available to you or to the Current Caller ID App,” she says.

International use on the app could be next on White Pages creative plate, but first the company wants to nurture it, so it can not only grow in popularity — but provide a consistent level of quality and usefulness, says Roth.

“We are always looking to enhance our products and services, but for now are focused on making sure the existing product provides the best experience for our users,” she notes. “Some features that you could see down the road include optimization for international usage and further integration with additional social networks.”

Current Caller ID can be downloaded for free at Google Play.  

It’s been quite a while since I’ve wandered the hallways of a middle or high school, which means I’m currently in the dark about some of the methods used today.

Like what’s the general rule when it comes to students doing research papers?

We had to risk paper cuts on our fingers by thumbing through rows of index cards in library drawers, and today kids are able to Google any topic they would like to assist with research.

And cell phones -- how successful are teachers in competing with them for the student’s attention, especially with their ability to covertly text and phone each other?

Also, in a day when most things are done digitally, do students still have to carry paper hall passes to use the bathroom or go to another part of the school?   

Well, the answer to that last question has been answered by a Texas school district, as students will be made to carry microchips in ID cards so their whereabouts before and during school can be tracked by administrators.

The new tracking program will use a radio frequency identification system (RFID), and at least 100,000 students will tote chip imbedded ID badges in San Antonio, Houston and Austin. Apparently, the school districts' reason to use these microchip IDs is a two-pronged one.

Wanting to keep students totally accounted for is the first and obvious reason school officials went forward with the new tracking program, which began Oct 1.

But also, kids missing school and skipping class has been a steady problem in many states, and it hurts the amount of funding schools are able to get.

So, officials believe they can keep students at their desks, while also improving the districts' chances of getting heftier funding.

Critics object

It’s not hard to believe that critics of the student tracking system are completely up in arms, as it’s difficult for people not to react when they hear the word microchip.

Between the George Orwell fans of his 1984 book, Bible readers who have been anticipating a “mark of the beast” chip, or just parents who believe their children’s whereabouts shouldn’t be tracked by a computer system, it may be surprising to some that the new program actually saw the light of day.  

Previously, we ran a story about a Michigan school district’s use of something called ZPass, where students swipe a card when boarding the school bus.

Although ZPass also uses a tracking technology to tally students, it only tracks them when they’re on the school bus. But the students in Texas will be tracked all day -- whether in the hallways, during recess, in the locker room, while using the bathroom or any other place they go during the school day.

If students don’t bring their ID badges to school each day, they’ll be unable to take out library books, use the card to get lunch, or be allowed to participate in school activities.

Officials believe the impact that microchip cards will have on attendance and safety, will soon be widely appreciated by many of those currently in opposition.  

“Parents expect that we always know where their children are, and this technology will help us do that,” said Pascual Gonzalez, district spokesman in an interview earlier this year. “This way we can see if a student is at the nurse’s office or elsewhere on campus.”

Health risks

Many groups including the American Civil Liberties Union, have expressed strong opposition to the RFID system, and say it not only could add an unnecessary amount of tension to students, but it could also be hazardous to their health.

“RFID systems emit electromagnetic radiation, and there are lingering questions about whether human health might be affected in environments where the reading devices are pervasive,” read an opposition paper that was signed by several privacy groups. “This concern and the dehumanizing effects of ubiquitous surveillance may place additional stress on students, parents and teachers.”

And privacy groups aren’t the only ones in opposition, as many students have rebelled against the tracking program by not bringing their badges to school. The IDs have to be worn on lanyards so they're visible, say officials.

Whether the Texas tracking program will go beyond the trial phase and spread to other parts of the U.S. is yet to be determined, but if the current times are able to predict the future, it’s a pretty safe bet that students and other people will continue to be tracked under the guise of safety and security.

And when school attendance is attached to school funding, it would be a challenge for districts not to incorporate an RFID tracking program, or some other invasive tactic to ensure students show up to class so the district gets its money from the state. Oh, and of course, the school districts want the students to get the benefit of being in class, right?

When it comes to getting a quick bite from a fast-food place, one always has to question whether to go inside and endure lines or simply pull around to the drive-through. Sometimes it’s hard to tell which is faster.

On one hand if you attempt a quick run inside, you’re often held up by that indecisive customer in front of you, who is having trouble deciding between the burger and the chicken sandwich.

But sometimes when you decide to stay in your car and use the drive-through, everyone else at the restaurant has the same idea, and the next thing you know, you’re in a snail-paced car line, which seems to only move once every five minutes.

And as you watch the car before you sit in front of the speaker to order food you wonder two things: Why is the person in that car so confused about deciding on a handful of menu options? And why is it when I use the drive-through it's always empty inside with no lines. 

Many of us have asked ourselves these questions when trying to get a quick meal. We also probably asked ourselves which establishments really provide the fastest drive through service?

And it’s not just the quickness either, I mean speedy service is only as good as the restaurant’s level of accuracy and friendliness, so in the areas of speed, order accuracy and being nice to the customer, which franchise scores the highest?

Burger King flubs

Well, researchers discovered when it comes to accuracy at the drive-through, Burger King scored the worst, getting orders correct only 83 percent of the time. Chick-fil-A had the highest level of accuracy with 92.4 percent, and McDonald’s got its orders right 90.9 percent of the time.

The study also included other fast-food restaurants' level of accuracy including Taco Bell (91.2 percent) and Wendy’s (89.9) percent.

What’s interesting to see is just how far these places are from actually having 100 percent accuracy levels. Obviously, it’s almost impossible to get each and every order correct, but the fact that these establishments aren’t somewhere in at least the 95 to 98 percentile range may be surprising to some. 

There’s nothing more frustrating than getting your food and realizing the fries are missing. “Why didn’t I check the bag,” you always ask yourself.

Bucket of biscuits

I even heard of a lady ordering a family-sized meal of KFC at a drive-through, only to find nothing but a bucket full of biscuits. No chicken, no sides, just biscuits -- talk about a dinner-time nightmare.

When it comes to getting you through the drive-through the quickest, Wendy’s took the crown with an average speed of 129.75 seconds from when a customer places their order, to when they receive their food.

Wendy’s Senior Vice President of Communications Denny Lynch says workers making a stronger effort to anticipate upcoming orders and specialty orders is what makes Wendy’s able to provide extremely fast service.

“You want a chicken sandwich, and you want mustard, pickle, onion on it? Ok, I get the chicken fillet, the mustard, the pickle, and onion, put it on a bun, wrap it up, and you’ve got it,” said Lynch.

“You want a smoothie? Ok, I’ve got to get the ingredients, I’ve got to portion out the ingredients, I’ve got to put it into a blender and smooth it. Because of that, you put the stress on the speed of service at the pick-up window. I think that has influenced the total speed of service," he said.

Industry experts say drive-through times are also getting faster, because of the growing use of pre-sell boards at many fast-food locations. You’ve probably seen these boards before. They’re the ones that only have the pictures of food items, so by the time you get to the speaker; you already know what you want.

“The benchmark group is primarily national chains, but I would expect to see more of a dramatic impact [with the use of pre-sell boards] if you were a regional player and you’re looking to expand the geography where you operate," said Brian Baker, president of the research firm Insula.

“When you’re going into new markets, I think they would be even more important, that you give people the opportunity to familiarize themselves with your menu before they get to the order point,” he said.

Both Chik-fil-A and McDonald’s scored low in the speed category, both averaging more than five cars on their drive-through lines. Burger King, Taco Bell, Krystal and Bojangle’s scored much better, all averaging just two cars in drive-through lines.

Not too friendly

The research also shows that all the restaurants did poorly when it came to courtesy and friendliness, as only 57.2 percent of drive-through workers used the word “please,”  85.9 percent of employees used the word “thank you,” and only 37.8 percent of drive through window workers were considered “very friendly.”

“Even with pleasant demeanor, I’m thinking, why would that not be 100 percent,” said Baker. “Ok, so maybe 98 percent because everybody has a bad day, but it just seems like a no-brainer to me. I’m still scratching my head on that.”

The drive-through study is published in the October edition of QSR Magazine.

Weight loss surgery can definitely take the weight off but a new study finds that patients who have the surgery are at risk of turning to drugs, alcohol and tobacco to satisfy their urges.

In particular, the study found that patients who undergo laparoscopic Roux-en-Y gastric bypass surgery appear to be at increased risk for alcohol use following surgery, according to a report published Online First by Archives of Surgery, a JAMA Network publication.

“Studies have shown that drugs, alcohol, and food trigger similar responses in the brain and that bariatric surgery candidates whose condition has been diagnosed as binge-eating disorder (BED) display addictive personalities similar to individuals addicted to substances,” the authors write. “Therefore, alcohol and drugs (including nicotine) are likely to substitute for overeating following WLS [weight loss surgery.]”

Alexis Conason, Psy.D., of New York Obesity Nutrition Research Center  and colleagues studied questionnaire responses from 155 patients (132 women) who underwent weight loss surgery.

Overall, the authors found that patients reported an immediate decrease in how often they abused substances after surgery but by 24 months after surgery, they reported a significant increase in their use of drugs, alcohol and tobacco.

Additionally, patients who underwent laparoscopic Roux-en-Y gastric bypass surgery (LRYGB) reported a significant increase in the frequency of alcohol use from the time before surgery to 24 months after surgery. 

“Based on the present study, undergoing RYGB surgery appears to increase the risk for alcohol use following WLS,” the authors conclude. “Risks and benefits should be weighted when recommending LRYGB surgery to patients who may be at increased risk of developing problems with alcohol after WLS, such as those with a personal or family history of alcohol abuse or dependence.”

It's estimated that 5% of children are afflicted with attention-deficit/hyperactivity disorder (ADHD). They have a tough time as kids and a new stuy finds the results linger throughout their lives.

The 33-year study found that male adults who had been diagnosed with ADHD as children had significantly worse educational, occupational, economic and social outcomes compared to men without childhood ADHD, according to a report published Online First by Archives of General Psychiatry, a JAMA Network publication.

“On average, [adult men who had ADHD as children] had 2½ fewer years of schooling than comparison participants … 31.1% did not complete high school (vs. 4.4% of comparison participants) and hardly any (3.7%) had higher degrees (whereas 29.4% of comparison participants did)," the authors of the study noted.

Similarly, the former ADHD patients "had significantly lower occupational attainment levels,” the authors note. While most (83.7%) were holding jobs, their median salary was $40,000 less than that of their more fortunate peers, a comparison the researchers called "striking."

Rachel G. Klein, Ph.D., of the Child Study Center at NYU Langone Medical Center in New York and colleagues conducted the study, which included 135 men who had ADHD as children and 136 who did not.

The average age of the men in the study was 41. The average age at which they had been diagnosed with ADHD was 8.

“The multiple disadvantages predicted by childhood ADHD well into adulthood began in adolescence, without increased onsets of new disorders after 20 years of age. Findings highlight the importance of extended monitoring and treatment of children with ADHD,” the study concludes.

Other problems

Economic and social problems were not the only trouble the former ADHD patients encountered.

The men who were diagnosed with ADHD in childhood also had more divorces (currently divorced, 9.6% vs. 2.9%, and ever been divorced 31.1% vs. 11.8%); and higher rates of ongoing ADHD (22.2% vs. 5.1%, the authors suspect the comparison participants’ ADHD symptoms might have emerged during adulthood), antisocial personality disorder (ASPD, 16.3% vs. 0%) and substance use disorders (SUDs, 14.1% vs. 5.1%), according to the results.

During their lifetime, the men who were diagnosed with ADHD in childhood (the so-called "probands") also had significantly more ASPD and SUDs but not mood or anxiety disorders and more psychiatric hospitalizations and incarcerations than comparison participants. And relative to the comparison group, psychiatric disorders with onsets at 21 years of age or older were not significantly elevated in the probands, the study results indicate.

The authors note the design of their study precludes generalizing the results to women and all ethnic and social groups because the probands were white men of average intelligence who were referred to a clinic because of combined-type ADHD.

 If you bought a new copy of an Electronic Arts' Madden NFL, NCAA Football, or Arena Football videogame for Xbox, Xbox 360, PlayStation 2, PlayStation 3, GameCube, PC, or Wii, with a release date of January 1, 2005 to June 21, 2012, you may be covered by the proposed settlement to a class action lawsuit.

A proposed settlement has been reached in a class action alleging that Electronic Arts overcharged consumers for some football videogames.  Electronic Arts denies any liability and all allegations of misconduct, including that it overcharged consumers.

The settlement must still be approved by the U.S. District Court in Oakland. A hearing has been for Feb 7, 2013, according to Hagens Berman Sobol Shapiro LLP, the law firm representing consumers.

EA denies it

The lawsuit claims that Electronic Arts violated federal and California antitrust laws, as well as California consumer protection laws, by signing exclusive licensing agreements with the NCAA, NFL and other organizations. Electronic Arts denies that there is a relevant market limited to "interactive football videogames," and denies that it ever charged inflated prices for its videogames.

You are a member of the Settlement Class if you are in the United States and bought a new copy of an Electronic Arts' Madden NFL, NCAA Football, or Arena Football videogame for Xbox, Xbox 360, PlayStation 2, PlayStation 3, GameCube, PC, or Wii, with a release date of January 1, 2005 to June 21, 2012.

The proposed settlement provides that Electronic Arts will pay $27 million into a fund that will include money for class members after deducting lawyers fees and other costs.

For more information, or to file your claim online, please visit the case website, www.easportslitigation.com.

A California couple charges that their one-year-old daughter strangled on the cord of a baby monitor they bought at Babies R Us.

Traci and Steven Porretta said they had been using an Angelcare AC401-2P monitor to protect their twin daughters from Sudden Infant Death Syndrome. They say they followed the instructions provided in the owner's manual and installed the device as instructed.

But on Nov. 20, 2011, Traci Porretta entered the girls' bedroom and found Vincenza Marie in her crib with the monitor cord wrapped around her neck.

The Porrettas rushed Vincenza to the emergency room, where she was pronounced dead. 

"Visible ligature marks from the cord of the subject monitor were noted around decedent Vincenza's neck," the complaint states, according to Courthouse News Service.

No warning

The parents say the Angelcare monitor has many defects, including no warning system to alert parents if their baby is playing with the cord, and a cord design "which allowed it to easily become entangled, constricted and tightened around the bodies and persons of the infants it was designed to protect."
They claim Angelcare knew about these problems but failed to fix them. And they claim that the company has known since 1981 that babies can die from ligature strangulation, but did not put warnings about it on the monitor's packaging.

Lots of baby boomers are nervous about retirement. The Great Recession took a heavy toll on many investments and former financial goals don't seem as attainable in some cases.

Eleanor Blayney, consumer advocate for the Certified Financial Planner (CFP) Board of Standards, says retirees and prospective retirees need a plan to spend their savings wisely while maintaining assets that grow and generate income.

"Today, many Americans are on their own when it comes to saving -- and then spending -- their retirement income," Blayney said. "The majority of Americans will have to learn how to generate income using assets and investments they themselves have set aside in their retirement plans."

That means retirees need to create a financial plan that continues to produce income throughout their retirement. It's what Blayney calls "creating your own paycheck."

There are other steps she recommends to help establish a retirement that will be financially secure.

Timing is everything

The point when you start taking income from your retirement account can make a huge difference. Withdrawals from a portfolio during a bad investment market may diminish the sustainability of those savings by several years. In cases of bear markets, those able to delay retirement, and continue earning income rather than consuming assets, are in a much better position to avoid running out of money during their lifetimes.

Conservative can be costly

Being overly safe, investing only in bonds or annuities, can end up hurting you in the long run. For most retirees, a healthy allocation to investments that will grow over time, rather than those that promise regular income, will pay off. Dividend stocks are good, but must be closely monitored and portfolios adjusted. Bonds are more predictable but not without risk. As a balance, investing in equities or other assets that are likely to increase in value can provide added security. According to Blayney, it's simplistic to think that investments that pay interest or dividends are safe, whereas growth stocks are not.

Finding the right withdrawal rate

Generally speaking, there is a consensus that a four percent annual withdrawal rate -- defined as the highest yearly payout from an investment portfolio that will not deplete the portfolio over a given period -- is a reasonable payout over the life expectancy of most retirees. However, retirees should adjust this rate in certain situations. When an investment portfolio is doing well, or when there are large expenses, perhaps for medical costs, a higher rate may be warranted or necessary.

Don't be afraid to spend capital from a retirement portfolio. Traditional IRAs, 401(k)s, 403(b)s, and self-employed plans are structured, under the tax laws, to be depleted over our lifetimes. Retirees are penalized if they fail to take principal from these accounts at a certain age. Many retirees find the prospect of spending down these accounts very upsetting, when, in fact, doing so under the guidance of a CFP professional can result in a far more comfortable and secure retirement.

Understand your tax obligations

Most retirement funds are tax deferred, so that you don't start paying taxes until you withdraw money. Tax rates help determine acceptable savings withdrawals, and utilizing both taxable and tax-deferred accounts appropriately can help control the amount of taxes owed in any given year. Withdrawing from these two types of accounts can be critical to sustaining a retirement portfolio.

Cut expenses

This may be one of the more overlooked aspects of a successful retirement. If you can downsize so that you don't require as much money each month, you don't need as much retirement income. The best place to save is probably with housing. If you are still making a mortgage payment, for example, consider taking your equity and moving to a smaller home -- preferably one you can purchase for cash. If you are considering the purchase of a condo, don't forget that most condos have pretty steep monthly homeowners association dues.

According to Blayney, spending matters more than investments. She notes the amount of fixed income in a portfolio could vary from approximately 35 to 65 percent without significantly changing sustainable withdrawal rates. This suggests retirees should focus primarily on expense management in retirement as the most effective way to ensure that their resources will last.

"Taxes, timing and spending are what matters most in creating income in retirement," says Blayney.

Realtors have long complained that if banks would simply adopt the lending standards that were in place before the housing bubble inflated, the housing market would recover.

It's taken a while but it appears banks are beginning to do just that. When JP Morgan Chase and Wells Fargo reported their latest quarterly earnings last week, both showed increased income from a surge in mortgage lending.

"We believe the housing market has turned the corner," said Chase CEO Jamie Dimon.

New incentive

But banks now have stronger incentive to lend money to homeowners. When Federal Reserve Chairman Ben Bernanke announced the Fed would purchase $40 billion in mortgage-backed securities each month to stimulate the economy, what he was actually doing was stimulating the housing market.

Before that banks were very cautious -- Realtors said over-cautious -- about who they would lend to. Home-buyers had to have large down payments and sterling credit.

Now, banks know that the Fed is lining up to purchase mortgage-backed securities. That makes selling mortgage-backed securities more profitable. And you can't have a mortgage-backed security until you first have a mortgage.

Home loans rose last week

As a result, mortgage lending is on the rise. In the latest figures from the Mortgage Bankers Association (MBA) lending dropped from the previous week, but only because the number of refinanced mortgages went down. However, there was a sizable increase in loans to purchase homes.

“Refinance applications declined somewhat last week although volume is still near three-year highs, and purchase applications increased to the highest level since June, with both conventional and government volumes increasing,” said Mike Fratantoni, MBA’s vice president of research and economics. “Rates on 30-year fixed-rate loans remain historically low, benefitting both prospective home buyers and those seeking to refinance.”

Mortgage lending was increasing even before the Fed launched its policy of buying mortgages. Wells Fargo, the nation's largest mortgage lender, reported $139 billion in new mortgages from July through September, compared with $89 billion during the same quarter of 2011.

Mortgage lenders are also pressing Congress to give it a definition of a "qualified mortgage" under the Dodd Frank Act. That law requires lenders to retain ownership levels in mortgages that are made to consumers who are not considered qualified. However, it has yet to define exactly what a qualified borrower is.

Wouldn’t it be cool to have Twilight vampire eyes for Halloween? Or deep violet eyes to match your purple sweater? How about your favorite sports team’s logo on your eyes just for fun?

You can have all of these looks with decorative contact lenses (also called fashion contact lenses or color contact lenses, among other names). These lenses don’t correct vision -- they just change the appearance of the eye.

But before buying decorative lenses, here are some things the Food and Drug Administration (FDA) thinks you should know:

• They are not cosmetics or over-the-counter merchandise. They are medical devices regulated by the Food and Drug Administration (FDA).
• Places that advertise them as cosmetics or sell them without a prescription are breaking the law.
• They are not “one size fits all.” An eye doctor (ophthalmologist or optometrist) must measure each eye to properly fit the lenses and evaluate how your eye responds to contact lens wear. A poor fit can cause serious eye damage, including:

      -- scratches on the cornea (the clear dome of tissue over the iris - the part of the eye that gives you your eye color)
      -- corneal infection (an ulcer on the cornea)
      -- conjunctivitis (pink eye)
      -- decreased vision
      -- blindness

• Places that sell decorative lenses without a prescription may give you few or no instructions on how to clean and care for your lenses.

Failure to use the proper solution to keep contact lenses clean and moist can lead to infections. “Bacterial infections can be extremely rapid, result in corneal ulcers, and cause blindness -- sometimes within as little as 24 hours if not diagnosed and treated promptly, , says Bernard Lepri, O.D., M.S., M.Ed., an optometrist at FDA. “The problem isn’t with the decorative contacts themselves. It’s the way people use them improperly -- without a valid prescription, without the involvement of a qualified eye care professional, or without appropriate follow-up care.”

Where NOT to buy contact lenses

FDA is aware that many places illegally sell decorative contact lenses to consumers without valid prescriptions for as little as $20.

You should never buy lenses from:

• street vendors
• salons or beauty supply stores
• boutiques
• flea markets
• novelty stores
• Halloween stores
• record or video stores
• convenience stores
• beach shops
• Internet (unless the site requires a prescription)

These are not authorized distributors of contact lenses, which are prescription devices by federal law.

How to buy decorative contact lenses safely

• Get an eye exam from a licensed eye doctor (ophthalmologist or optometrist), even if you feel your vision is perfect.
• Get a valid prescription that includes the brand name, lens measurements, and an expiration date. But don’t expect your eye doctor to prescribe anime, or circle, lenses. These bigger-than-normal lenses that give the wearer a wide-eyed, doll-like look have not been approved by FDA.
• Whether you go in person or shop online, buy the lenses from a seller that requires you to provide a prescription.
• Follow directions for cleaning, disinfecting, and wearing the lenses, and visit your eye doctor for follow-up eye exams.
• See your eye doctor right away if you have signs of possible eye infection:

     -- redness

     -- eye pain that doesn’t go away after a short time

     -- decrease in vision

The U.S. government recommends the average adult get 150 minutes of moderate exercise each week or 75 minutes of a more strenuous workout. Most of us don't, however, using the lack of time as an excuse.

Researchers at the University of Colorado say it might not take nearly as long to achieve results if we would use an exercise technique known as sprint interval training. They have found that exercisers can burn as many as 200 extra calories in as little as 2.5 minutes of concentrated effort a day —- as long as they intersperse longer periods of easy recovery in a practice known as sprint interval training.

Manageable exercise

The finding could make exercise more manageable for would-be fitness buffs by cramming truly intense efforts into as little as 25 minutes.

Using a stationary bike as an example, the researchers suggest peddling at a moderate pace for 10 minutes or so before kicking into high gear and peddling at a fast pace for two or three minutes, then repeating the pattern. Their results showed a marked uptick in the amount of calories the volunteers burned on the workout day, despite the short amount of time spent in actual hard exercise.

“Research shows that many people start an exercise program but just can’t keep it up,” said Kyle Sevits, leader of the research team. “The biggest factor people quote is that they don’t have the time to fit in exercise. We hope if exercise can be fit into a smaller period of time, then they may give exercise a go and stick with it.”

Testing the theory

In a test, volunteers engaged in extended periods of moderate activity. One one day, they engaged in sprint interval training.

An analysis of a system that measured the subjects' calorie expenditure showed that the volunteers burned an average of an extra 200 calories on the sprint interval workout day, despite spending just 2.5 minutes engaged in hard exercise.

Though the researchers can’t yet speculate on whether such efforts could translate into weight loss, Sevits and his colleagues suggest that engaging in intense, but brief, bursts of exercise could aid in weight maintenance.

“Burning an extra 200 calories from these exercises a couple of times a week can help keep away that pound or two that many Americans gain each year,” Sevits said.

A word of caution: depending on age and medical factors, not everyone should engage in intense exercise. No change in exercise routine should be undertaken without first discussing it with your doctor.

After the weekend, there are 205 cases and the death toll is 15 in the multistate meningitis outbreak tied to a contaminated steroid drug that was mixed at the New England Compounding Center (NECC). The Centers for Disease Control (CDC) says as many as 14,000 people are at risk of contracting the disease.

The Reuters news agency reports more than a dozen emails it has reviewed show NECC sold drugs on several occasions without requiring doctors to supply individual patient prescriptions, a violation of regulations. The revelation is likely to increase calls for more oversight of NECC and drug compounding facilities like it.

Last week Rep. Edward J. Markey (D-MA), senior member of the Energy and Commerce Committee and in whose district NECC is located, asked the Food and Drug Administration (FDA) about expanding oversight of compounding pharmacies.

In a letter to the FDA, Markey asked the agency about current regulations and oversight practices that ensure that safety standards met by large drug manufacturing companies are also met by compounding pharmacies.

Pharmacy “compounding,” which accounts for 37 million prescriptions each year, involves making a new drug whose safety and efficacy have not been demonstrated with the kind of data that FDA ordinarily would require in reviewing a new drug application, according to the lawmaker.

Regulatory black hole

“Compounding pharmacies currently fall into a regulatory black hole,” Markey wrote in his letter to FDA Commissioner Margaret Hamburg. “While such pharmaceutical operations capable of making specialized drug formulations play an important role for many patients who cannot take traditional medication such as pediatric patients, hospice patients, and patients with allergies to common dyes and fillers, they also carry inherent risks that are not always fully communicated to patients.”

Rep. Rosa DeLauro (D-CT) went a step further, saying she will introduce a bill to strengthen the FDA's authority to ensure the safety of drugs from compounding pharmacies.

Delauro said the pharmacies are currently licensed and overseen by a patchwork of state agencies and the FDA’s guidance to states on licensing such pharmacies was last updated in 2002. The pharmacy that produced the potentially contaminated drug responsible for the current outbreak has surrendered its license to the Massachusetts State Board of Pharmacy and all compounds from the facility have been recalled.

Appeal for HHS action

DeLauro also sent a letter to Health and Human Services (HHS) Secretary Kathleen Sebelius requesting information about the gaps in our drug safety system posed by compounded products and the need to better protect patients, including those enrolled in Medicare.

“I believe this outbreak and corresponding recall make clear that strong Federal authority is needed over these large scale compounding pharmacies to ensure that patients receive safe and effective drugs, that we better monitor adverse events associated with these drugs, and that there is a single entity responsible for verifying appropriate marketing and safe drug production,” she wrote.

After my parents got tired of the fast-paced nature that makes New York City both exciting and annoying, our family moved to nearby Connecticut where the winters were always a few degrees colder than the five boroughs.

Growing up, a lot of our time was spent in the basement of the house, which my dad converted into a very cozy family room. There was one problem though: It was always extremely chilly down there, especially between the months of November and April.

Like many households, very strict temperature rules were set in place by my dad for us kids, and none of us were ever brave enough to touch the thermostat in fear of a mean look, a long lecture or worse -- so we just toughed it out by putting on a sweater or sweatshirt. But after a while, we finally got a space heater and all was perfect with the world and definitely a bit more comfortable.

Since that time in the mid-80s, space heaters have come a long way. From the old kerosene types that had hazard written all over them, to the small rectangular electrical heaters that have the three orange burning rods, it seems like it’s hard for consumers to really determine what’s safest, most efficient and most economical when it comes to buying a space heater.

Among the newer space heaters on the market today are the EdenPUREs, and according to some of our readers, the heaters haven’t been giving consumers a very warm feeling when it comes to performance.

Quartz elements

First, a little bit about the EdenPure: The heaters come in a few different models and the company says it provides "safe, clean, economical heat by using Infrared Quartz Elements,” which many space heaters use nowadays.

So what seems to be the main difference with the EdenPure compared to other heaters?

The look of it seems to be far superior to a lot of other models currently on the market, as it resembles a small and subtle piece of furniture -- like an ottoman or a mini-fridge -- and doesn’t heat-up on its surface, staying cool to the touch.

In fact, the company’s website shows a picture of a family sitting around the heater, with a baby touching it, a child kneeling next to it, and a cat sitting on top of it, to show the coolness of the surface. Man, talk about overkill.

EdenPure also says its heaters provide "natural outdoor heat" -- whatever that is -- inside your home, since it’s supposed to produce the same type of safe infrared rays the sun produces -- giving you a more even and comfortable kind of warmth, says the company.

Prices for the space heaters range from $175 for the EdenPURE Gen 3 1000, $197 for the EdenPURE Gen 2, and $397 for the Gen 4 1000. That's quite a bit more than you would pay for similar heaters at your local Walmart or Target store.

Not many stars

Currently, there are 85 reviewsof the space heaters in our comments section, and overall the EdenPURE received only 1 ½ out of 5 stars in the ConsumerAffairs satisfaction rating.

Many consumer grievances deal with the issue of the heaters not working properly after a year or so of use. Our readers report that some of the EdenPUREs tend to blow cold air after a period of time, and some have just stopped working all together.

Many of the heaters had to be returned, and a good portion of our readers said exchanging the product was a hassle, others sent it was pain-free. But arguably one of the worst cases with the heating mechanism was experienced by Barb of Indiana, who said her heater started giving off horrible smells shortly after purchase.

“I used the heaters last winter during the mild winter we had in Indiana,” she wrote. “I turned my heat down to 62 and ran two EdenPure Gen 3 and 4 heaters during the evening. When I would go to bed, I left one on all the time when I was home. About a month later, I started to smell something but could not find the cause.

“About two weeks later, the heater I ran in the nighttime started to put off this smell all the time,” Barb added. “I thought it might be burning off newness. Then all of a sudden, the heater overwhelmed me with this toxic type smell. I started choking and gagging, I could not breathe very well.

"So I took the heaters out of my house. I called EdenPURE and as you know I could not talk to the company about the issues. I have tried to reach them many times but to no avail,” she said.

ConsumerAffairs reached out to EdenPURE and spoke with a company rep by the name of Ana, and she told us she’s never heard of Barb’s case where one of its products produced an odor.

“Unless the filter wasn’t cleaned,” Ana said. “There may be an odor from that.”

We also asked Ana if there was a chance EdenPURE could assist Barb with the cleaning of her home, or do something for her to get rid of the toxic smelling odor, because having Barb just return the heaters isn't going to get rid of the bad smell in her home.

“We can definitely get with the manufacturer on that. That’s definitely an option,” she said. We are trying to get Barb and EdenPURE together to see if the issue can be resolved.

Kind of fragile?

A common issue is the EdenPUREs seem to break down and the exchange process is cumbersome. 

Of course each case is different, and a lot of consumers may be completely satisfied with the heater, but EdenPURE certainly has its share of negative reviews.  There are lots of brands to choose from and it's often better to buy a known brand from a major retailer that will take it back if it isn't satisfactory.

On the issue of saving money, the only way a space heater will save you money is if you can turn down your thermostat so that most of your home gets colder, while the space heater warms up a room or two.

Space heaters are not inherently more efficient than your furnace, so unless you're going to huddle together in one room, it's probably a better bet to use the money you would spend on a space heater on insulation, storm windows ... or, to take a page from my father's book, a sweatshirt.

Surrounded by dueling giants Amazon and Walmart, Best Buy says it will match the online prices of its competitors and offer free delivery of items not in stock at its stores, according to The Wall Street Journal. Details haven't yet been disclosed.

Best Buy and other big box retailers are increasingily concerned about "showrooming," the term used to describe consumers who examine items in stores, then purchase them online.

Walmart announced earlier this week that it was testing same-day delivery of online purchases in Northern Virginia and Philadelphia, seeking to counter Amazon's increasing emphasis on rapid delivery.

Does all of this foretell an unusually thrifty holiday shopping season for consumers? Not to be blinded by snowflakes and sugar plums but it's shaping up that way.

Lots of little gifts

Retailers of both the virtual and bricks-and-mortar variety are pulling every little gift they can think of out of their bag -- reduced-price layaway, matching competitors' prices and fast or free home delivery.

The showrooming phenomenon is getting to be a lot like shrinkage (the industry term for thefts by employees). Retailers don't like to talk about it but everybody knows it exists

Walmart is putting on a jolly face and inviting customers to come in and nose around. 

"Let's be the best showroom," Wal-Mart CEO Mike Duke said at an investor conference this week, the Wall Street Journal reported. "Let's be best place where customers want to go and get the experience."

Estimates vary

Estimates of the impact of showrooming vary. Best Buy says that 40% of consumers who enter its stores leave with a purchase. That doesn't mean the other 60% rush outside and place an order on their iPhone of course. Many return later to make a purchase. Some, especially those of the male persuasion, may have been killing time while their significant others shopped at a nearby Marshall's or TJ Maxx. 

After all, browsing -- by which we mean the act of strolling around a store, not staring fixedly at your laptop screen -- is what shopping is all about.  And besides, there's little stores can do to stop consumers from shopping around for the best deal, something smart shoppers have always done.

By adopting quick and inexpensive delivery and price-matching schemes, brick-and-mortar retailers are harking back to the days when full-service department stores did everything they could to welcome browsers and to  make shopping enjoyable, economical and easy.

Gee, what a concept.