Current Events in April 2013

Have you ever flashed your headlights to warn oncoming drivers of a speed trap? Michael Elli did it and got a ticket from a police officer in Ellisville, Mo., a St. Louis suburb.

Now Elli, with the support of the American Civil Liberties Union (ACLU) has filed a federal class action lawsuit claiming that Ellisville is violating drivers' First Amendment rights when it tickets them for flashing their headlights.

Elli claims it is the first ticket he has gotten in 35 years of driving. He was cited for violating an Ellisville ordinance that limits flashing lights on vehicles.

Elli said Ellisville Police Chief Tom Felgate told him it's a moving violation and said points would be assessed against him if he was found guilty. He said a municipal judge in Ellisville, population 9,200, told him the fine would be $1,000. Elli then entered a plea of not guilty.

His suit seeks an injunction against the city, even though the charges were dropped before the case came to trial.

Ellisville, which in 2009, was ranked #25 by Money magazine on its annual Best Places to Live in America list, is in western St. Louis County, near Interstates 64, 70 and 55. That section of the county is well-known to motorists for enthusiastic speed enforcement by small-town police.

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Apple's stock price is down and there are fears that sales of iPhones and other iStuff may be slumping but you've got to give Apple credit for one thing: the company has good lawyers.

Just the other day, a federal judge dismissed a lawsuit that claimed the MacBook Pro drains its battery even when it's plugged in. The judge said Apple's promotional literature had never claimed the battery wouldn't go dead. Case dismissed.

And now, another judge has dismissed claims that Apple deceptively charges consumers for downloading the same song more than once. The judge said -- guess what? -- it's not deceptive because Apple discloses that multiple charges accompany multiple downloads.

Robert Herskowitz and Phoebe Juel had hoped to represent a class of customers who were charged for multiple downloads of the same song from iTunes.

Apple argued that the plaintiffs "do not and cannot point to any legal obligation requiring Apple to provide them with a second download of the same song free of charge. To the contrary, their agreement with Apple expressly bars that claim, and provided an express and exclusive remedy that plaintiffs ignore." That remedy is to contact Apple for assistance, Courthouse News Service reported.

U.S. District Judge Lucy Koh agreed with Apple, noting that "the agreement in effect at the time of Juel's purchase contained an express provision that purchasers were not entitled to re-download a song free of charge."

The judge noted that Apple's Terms and Conditions state that "products may be downloaded only once and cannot be replaced if lost for any reason." 

In both cases, the plaintiffs have the opportunity to amend their original complaints.

New computer, no songs

Sometimes, of course, hanging onto your iTunes titles is easier said than done. Ellen of Grand Island, N.Y., said in a ConsumerAffairs postingthat she bought a new desktop computer last November.

"When I went to transfer the 30-plus songs I had purchased on iTunes, the songs disappeared," she said. "Thus began the saga of over 10 hours spent  responding to emails, over 3 hrs on the phone with their support team. None of their steps worked to retrieve my already paid for songs!"

"I believe this is a ruse to get customers to buy songs over and over to increase their revenue," Ellen groused. "This borders on greed to me."

It's not just music that sometimes strikes a sour note wit Apple customers. Lynn of Hot Springs, Ark., tried to buy two audio books that she could listen to during an upcoming road trip. But Lynn, who said she has limited vision and is not very computer-savvy, soon found that only one of the books would play.

"After hours of searching and struggling to read and understand all the help webpages, I finally managed to speak directly to an Itunes customer service person. They were unable to figure out the problem and furnished phone number for Apple," Lynn said. "The Apple rep immediately told me that I had purchased an "iBook", not an audio book. They suggested I contact iTunes for solution."

Lynn did that, but didn't get much in the way of results. iTunes refused to credit her for the mistaken purchase.

"They did not care about honest mistakes, being blind in one eye, being over 65 and not the best on a computer. Their customer support was not to soothe or assist the customer," she said.  "I may have only spent a few hundred a year with iTunes and they won't miss my business, all over a $12.00 book."

Two steps forward, one step back. That's the pattern we're seeing in The Conference Board's Leading Economic Index (LEI). The forecasting gauge dipped 0.1% in March after rising 0.5% in both February and January. Both the market and economists at Briefing.com had been looking for a flat reading

“The leading indicator still points to a continuing but slow growth environment,” said Ataman Ozyildirim, economist at The Conference Board. “Weakness in consumer expectations and housing permits was offset by the positive interest rate spread and other financial components. Meanwhile, the coincident economic index, a measure of current conditions, is down since December due to a large decline in personal income.”

Conference Board economist Ken Goldstein believes the economy has clearly lost some steam. “In addition to headwinds from government spending cuts,” he said, “the private sector economy may struggle to maintain its momentum. The biggest challenge remains weak demand, due to nervous consumer sentiment and slow income growth.”

The full LEI report can be seen at The Conference Board's website.

Jobless claims

From the Labor Department comes word that first-time claims for state unemployment benefits rose 4,000 in the week ending April 13 to 352,000. At the same time, the previous week's total was revised upward by 2,000 -- to 348,000.

The four-week moving average, which is less volatile and thus considered a more accurate barometer of the labor market, was up 2,750 to 361,250.

More on the labor picture can be found on the Labor Department website.

Boston area taxpayers and others affected by Monday’s explosions are being granted a three-month tax filing and payment extension.

The Internal Revenue Service (IRS) says this relief applies to all individual taxpayers who live in Suffolk County, Mass., including the city of Boston. Also included are victims, their families, first responders, others affected by the attack who live outside Suffolk County and taxpayers whose tax preparers were adversely affected.

“Our hearts go out to the people affected by this tragic event,” said IRS Acting Commissioner Steven T. Miller. “We want victims and others affected by this terrible tragedy to have the time they need to finish their individual tax returns.”

Deadline moved to July

Under the relief, eligible taxpayers have until July 15, 2013, to file their 2012 returns and pay any taxes normally due April 15. No filing and payment penalties will be due as long as returns are filed and payments are made by July 15, 2013. By law, interest -- currently at the annual rate of 3% compounded daily -- will still apply to any payments made after the April deadline.

The extension is automatic for anyone living in Suffolk County and no action is necessary to obtain relief. However, eligible taxpayers living outside Suffolk County can claim this relief by calling 1-866-562-5227 starting Tuesday, April 23, and identifying themselves to the IRS before filing a return or making a payment. Eligible taxpayers who receive penalty notices from the IRS can also call this number to have these penalties abated.

Eligible taxpayers who need more time to file their returns may receive an additional extension to Oct. 15, 2013, by filing Form 4868 by July 15, 2013.

Seniors looking for reliable, knowledgeable financial advisors tend to gravitate towards those who have credentials that certified they know what they're doing.

But the Consumer Financial Protection Bureau (CFPB) says in a report published today that there are more than 50 so-called “senior designation” credentials that financial advisers use to indicate that they have advanced training or expertise in the financial needs of older consumers

“With such a bewildering array of titles and acronyms, it is no wonder that older Americans are confused and misled by these titles,” said CFPB Director Richard Cordray. “Today’s report underscores the need for consistent high-level standards of training and conduct for those advisers who want to acquire a bona fide senior designation.” 

The report highlights the challenges that the nation’s 50 million seniors face as they try to navigate the complex world of financial advice and services. Older consumers have unique vulnerabilities, and are often the targets of fraud, Cordray noted.

The report found that:

• The names and acronyms of senior designations confuse consumers.  Titles and acronyms for the numerous designations can appear quite similar, and consumers have no simple, clear means to distinguish among them .
• There is a wide variety of required training, qualifying exams, and oversight associated with different designations. Some senior designations may require rigorous college-level coursework while others may be acquired by attending a weekend seminar.
• There is a lack of comprehensive supervision and enforcement. No single authority is responsible for ensuring that those who use senior designations do not mislead or harm consumers.

Vulernable to fraud

Older consumers are already vulernable to fraud. They tend to have higher net worth than younger consumers and are more likely to experience cognitive decline and other healthproblems.

A particular problem associated with senior designations is the participation of some designees in “free lunch seminars.” These events are often marketed as educational seminars, when in fact they are staged sales events to sell investment and other financial products.

The complete report on senior designations is available at: http://files.consumerfinance.gov/f/201304_CFPB_OlderAmericans_Report.pdf

Southeast Toyota Distributors is recalling a total of 7,389 of the following vehicles:

• 2008 and 2010-2013 Toyota Tundra,
• 2010-2012 Rav4,
• 2012 Toyota Sequoia,
• 2010-2011 Toyota Corolla,
• 2010-2011 Toyota Camry and Camry Hybrid,
• 2010-2013 Toyota Highlander and Highlander Hybrid,
• 2010-2013 Toyota FJ Cruiser,
• 2011 Toyota Land Cruiser,
• 2010-2013 Toyota Venza,
• 2010-2011 Toyota 4Runner,
• 2010-2013 Toyota Tacoma,
• 2011-2012 Toyota Sienna,
• 2012 Toyota Prius,
• 2013 Scion FR-S,
• 2011 Scion XD,
• 2011 Scion XB, and
• 2012 Scion TC .

These vehicles were sold with labels that were outside the allowable one percent of accuracy of actual weight added, failing to comply with the requirements of Federal Motor Vehicle Safety Standard (FMVSS) Number 110, "Tire Selection and Rims." An inaccurate label could lead to owners overloading their vehicles and tires. An overloaded vehicle can result in a tire failure which may result in a vehicle crash, personal injury, or property damage.

Southeast Toyota will notify owners and provide a corrected label with instructions concerning its installation. A small group of the affected vehicles will need additional remedies which are still being developed. The recall is planned to begin on, or about, May 7, 2013.

Owners may contact Southeast Toyota at 1-800-301-6859.

Consumers who mostly use their computers for email, social media, games and web browsing have been migrating to tablets lately, which is understandable.

But for the working stiffs who use laptops for professional purposes -- writing, editing, programming, moderating and so forth -- a tablet doesn't really do the job.

Fortunately, there is the Ultrabook -- the super-thin, super-powerful laptop developed by Intel and now being produced under all the usual computer brand names.  The Ultrabooks feature a slimmed-down physical profile, super-sharp displays, fast processors and long battery life. Most are powered primarily by solid-state drives instead of the clunky old hard drives, which makes them boot up lightning fast and load programs in the blink of an eye.

But let's face it -- you still have to be able to type on them. And if you use your Ultrabook for work, you have to be able to type quickly and accurately. Unfortunately, this is a little something that has evaded the notice of many of the biggest names in computerdom.

Worst ever ...

A few months back, I tested Asus' take on the ultrabook, dubbed the Asus Zenbook. It was gorgeous. Clad in a shiny metal case with a stunning display and superquick solid-state drive, it was a marvel to behold.

But it was hell to type on. It was about as much fun as a 1949 Royal typewriter that someone had spilled maple syrup into. As I said in our review, generously titled Worst Laptop Ever, it might be great for lots of things but for typing -- forget it. 

I was overjoyed to see the end of the Asus and gleefully dropped it off at the Federal Express office..

We then spent some time doing what Best Buy hates more than anything. We wandered around their stores "showrooming" other Ultrabooks. Many were attractive, some were affordable but none really seemed up to the task of having someone pound on their keyboard 10 or 12 hours per day.

Off the beaten path ...

So I decided to try the road less traveled and wandered over to Zareason.com, a small California company that builds Linux machines. I've used Linux for years and found it far superior to Windows and Apple's various OS versions.

It's not really necessary to buy a machine with Linux pre-installed, as it's quite easy to install it yourself on nearly any machine. But I wanted to test Zareason's "It just works" motto, so took the plunge and ordered the $899 UltraLap -- basically the same hardware as other Ultrabooks but with a Linux operating system.

Upon arrival, it had a somewhat pedestrian appearance -- a metal case on top but plastic elsewhere. I fired it up and, as expected, it booted swiftly into Linux, being fully up and operational from a cold start in 13 seconds.

Technically, it was superb. The combination of the solid state drive, the Ubuntu Linux OS and 8 gigs of memory made it a blazing-hot contender. Ah, but the keyboard. It was mediocre for the first few days but quickly turned unusable.

The touchpad also left a lot to be desired.  Trying to left-click with the keypad was impossible. The cursor invariably jumped up just enough to miss whatever it was you were trying to click on, requiring a two-handed maneuver to hold down the Control button while clicking. The sound stank and the built-in camera produced upside-down video.

I complained about the keyboard, not revealing my ConsumerAffairs affiliation, and Zareason sent me a new one, although it took them more than a week to do so. It wasn't a better keyboard, mind you, just a newer one. In a few weeks, it was close to unusable as well. 

Battery life on the Zareason was good, hitting five hours without difficulty. 

But between the keyboard and the touchpad, I found myself lugging an external mouse, keyboard and headset (to make up for the inaudible audio) around with me, which is not exactly the idea behind the laptop concept.

Great machine, bad ergonomics. So earlier today, I said farewell to the Zareason and once again motored happily away from the FedEx office. 

Pixelated 

In its place on the hotseat at the moment is a Google Chromebook Pixel -- Google's attempt to show that it can build hardware that rivals anything from Apple or anyone else.

After a week of mistreating the Pixel, I have to say it is the finest piece of portable computer hardware I've encountered. If the Asus was a Toyota and the Zareason a Fiat, the Pixel is a Porsche Carrera. It is such a thing of beauty that I have been using it exclusively, letting my ridiculously powerful and over-monitored desktop sit idle.

The keyboard is solid and precise and despite my apparent tendency to pound mercilessly on it, it produces almost perfect results. More importantly, I can type at my usual 80 or so words per minute instead of the 20 or so I was reduced to with the other machines.

The touchpad uses the one- and two-finger motions becoming popular on high-end machines and does it so well that I find I don't need or miss an external mouse.

The display, which Google says has even more pixels (239 per inch) than the MacBook Pro Retina (227), is stunning -- very bright and sharp, another important consideration for content slaves who are stuck looking at their screen all day. The Pixel also looks good, with an anodized aluminum case that acts as a heat sink, eliminating the need for air vents and noisy fans. 

Battery life is outstanding. I have gotten six hours out of it and there were still some fumes in the tank when I decided to plug it in.  

The sound is startling -- loud and crisp with a very pronounced stereo effect. The onboard video camera produces a big clear image, and it's even right-side-up.

Webcentric

Many reviewers have trashed the Pixel, and other Chromebooks, because they are "webcentric," meaning they run apps from the web rather than programs stored on the machine. OK, that's true, but so what? Google Docs is not all that different from Microsoft Word, other than being free.

I was a little concerned about finding a decent online graphics program but it turns out there are several good ones, my favorite at the moment being Sumopaint. It's not Photoshop but it is, as we say here in the D.C. area, good enough for government work. 

I had no set-up problems with the Pixel. It started up out of the box in 14 seconds and I was tapping away happily in no time.  Whether this would be true for everyone, I'm not sure. I have used Chromebooks before and have been using Linux for a decade or two (the Chrome OS is based on Linux) so nothing about the Pixel was unfamiliar to me. Others might need a little more break-in time.

It's true that, at around $1,500, the Pixel is expensive, a few hundred more than the Zareason, about the same as the Zenbook and in the same ballpark as a Macbook. However, it's really aimed, I think, at users for whom it is the tool of their trade and who therefore don't mind spending a few extra bucks upfront to keep their productivity and sanity at acceptable levels.

As far as comparing it to a MacBook, I wouldn't be so presumptuous. The MacBooks are made with graphic designers and video editors in mind, as far as I can tell. They can run specialized software the Chromebook can't, so if that's something you need, then you're at Apple's mercy, at least for now.

I haven't mentioned the Pixel's touchscreen. To me, it's like the Porsche Carerra speedometer that goes up to 175 miles per hour. Nice to have but not often used. Critics have said the Pixel touchscreen doesn't do much and they're right. But I suspect that it will pick up new capabilities as Google continues to fool with the operating system, which is automatically updated on a regular basis.

Check back in a year or two and I predict the Pixel's touch screen will be doing all kinds of things we haven't thought of yet.

So, the verdict? The contest never really ends but for me at this particular moment, the Chromebook Pixel wins hands-down. For those who aren't chained to their keyboard all day, a plain old Chromebook for $300 or so would probably suffice.

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Disclosure: Everything reviewed in this article was purchased at full retail price. No promotional considerations or freebies changed hands.  

Are girls smarter than boys?

That’s what some people may ask since many studies have found that girls outperform boys in academics.

And the gender gap doesn’t only exist in terms of grades, as studies show that girls are enrolling in college in higher number these days, and boys are falling behind.

“The world has changed around boys, and they have not adapted as well as girls, said Claudia Buchmannn, professor of sociology at Ohio State University and co-author of the book The Rise of Women: The Growing Gender Gap in Education and What it Means for American Schools.

Buchmannn says not being able to adapt to school is just one of the reasons that boys aren’t doing as well as girls, and reasons often simply include a lack of motivation, not a lack of intellect.

“But what is striking is that at every level of cognitive ability, boys are getting lower grades than girls," she said. "It’s not about ability; it’s about effort and engagement. Success in academics, like success in sports, requires time and effort. Because boys put forth less effort and are less engaged, they get lower grades and are less likely to get through college.”

Singing in the choir

Buchmannn says boys who are known to be more engaged in school are typically the ones who involve themselves in extracurricular activities that are somehow connected to the arts, like music or choir, being in a foreign language club or in a drama group.

But unfortunately, many boys face ridicule for joining these activities, either from male peers or from their dads at home, as some males perceive things like singing or acting to be, well, girly.

Buchmannn says this sour attitude towards art-related school activities is more prevalent in working-class households. And perhaps surprisingly, even doing well in school could be looked at as a female thing among some males.

And schools need to do a better job reversing this harmful stereotype, Buchmannn says.

“This taps into those narrow notions of what boys and men are like, that is going to backfire,” she said. “Instead, we need schools to expect high levels of effort and academic achievement of all students, including boys. Schools need to break down the gender stereotypes that say that real men don’t work hard in school.”

But to reverse this stereotype will be challenging, especially if fathers don’t do their part to eliminate it, since many dads who may be successful without college, may think higher education isn’t necessary, as opposed to the dad who went to college, became successful and wants their sons to follow in the same path.

Times have changed

The main difference between the present and the past, when it comes to girls outperforming boys academically, is that many years ago a boy not doing well in school didn’t suffer huge consequences, due to the large number of well-paying blue collar jobs.

But today, as those jobs have diminished, boys doing poorly in school have a greater effect on their future, so their poor academic performance is finally coming to the surface as a huge problem that both educators and parents have to fix.

“Schools haven’t changed that much,” said Buchmannn. “Boys have long underachieved in school compared to girls, but it mattered less when they could get good blue-collar jobs without a college degree. In the last few decades, as those good blue-collar jobs have declined, boys' performance in school has become a bigger issue.”

To help boys perform better, Buchmann and her co-author Thomas A. DiPrete say administrators have to do a better job at making schools more “boy friendly,” which may include all-guy classrooms with male teachers giving the lessons.

By making these changes, teachers may not only be able to reach male students better, but they can attempt — on a consistent level — to teach boys that being smart, getting good grades and joining an extracurricular activity related to the arts, isn’t just for girls. 

And since Buchmannn says that many boys thrive in competitive environments, administrators need to create an attitude in schools that all male students can buy into, which says good grades are expected and extremely valued, which could make some boys look at doing well in school as a competition and not just something their mom and dad want them to do.

In addition, parents — especially dads or other male figures — should do their best to dispel any negative stereotypes associated with performing well in school or being intelligent.

Combined effort

To do this, it’ll take a combined effort from school administrators and parents alike to drill it into boys’ heads that running away from academic achievement isn’t a manly thing to do, it’s just plain dumb.

“We need schools to expect high level of effort and academic achievement of all students including boys,” said Buchmannn. “Schools need to break down the gendered stereotypes that say that real men don’t work hard in school."

"Many boys say they expect to go to college, and many will enroll, but their expectations about what it will take to succeed are way off. They underestimate the work and effort they need to put forth,” she said.

Tragedy often brings out the best in people.

As we saw in Boston earlier this week, people ran toward the blast site, putting themselves at risk, trying to help bombing victims in any way they could.

Unfortunately, it also brings out the worst, with the scammers crawling out from under their rocks to take advantage of the situation.

This is prompting numerous warnings, including one from Oregon Attorney General Ellen Rosenblum, to watch out for phony charities soliciting funds for the victims.

Exploiting disasters

The lowlifes employ many tools to exploit disasters for personal gain. News accounts note that a fake Twitter account appeared almost immediately after the bombings in Boston. This scam, called @_BostonMarathon, offered to donate $1 for every retweet. It was quickly suspended after users warned the account was fake.

“Scammers came out in force after the 9/11 terrorist attacks, after Hurricane Katrina, and after Superstorm Sandy,” said Ellen Klem, director of consumer outreach and education in the Oregon AG's office. “They’ll try once again after Monday’s senseless bombing. Don’t let them prosper off the tragedy. Be generous, but skeptical.”

Tips for charitable giving

When considering a donation, consumers should keep the following in mind:

• Do not give out personal information such as credit card or bank account numbers over the phone.
• Checks should always be made payable to the organization not the person collecting the donation.
• Beware of callers who want your money fast. When solicited by phone, always ask the caller to send you written materials about the charity. No legitimate organization will insist that you donate immediately
• Do not donate cash. Legitimate charities will be pleased to receive a contribution by check. Don’t send contributions with a “runner,” by wire or overnight parcel pick-up service.
• Be sure you are contributing to a legitimate organization. You can do this by visiting www.guidestar.org, a national clearinghouse of information about charities and their performance.

The Federal Trade Commission (FTC) is going after a company that allegedly placed unauthorized charges on consumers’ mobile phone bills, taking in millions of dollars.

The complaint against Wise Media, LLC, Brian M. Buckley and Winston J. Deloney is the first time the agency has gone after so-called mobile “crammers.” It asks the court to freeze the defendants’ assets immediately and order them to stop their “deceptive and unfair practices.”

The FTC also wants a permanent injunction that would force the defendants to give up their ill-gotten gains so they can be used to provide refunds to victims of the scam.

“The concept of ‘cramming’ charges on to phone bills is a not a new one,” said FTC Chairwoman Edith Ramirez. “As more and more consumers move to mobile phones, scammers have adapted to this new technology, and the commission will continue its efforts to protect consumers from their unlawful practices.”

'Premium service' charges

According to the FTC, the defendants allegedly billed consumers for “premium services” that sent text messages with horoscopes, flirting, love tips and other information. The complaint contend that consumers across the country were signed up for these services seemingly at random, and that the charges of $9.99 per month were repeatedly placed on mobile phone bills -- without consumer knowledge or permission.

In many instances, the complaint maintains, Wise Media sent text messages to consumers that suggested they were subscribed to the service, which many consumers dismissed as spam and ignored. Even if consumers responded via text indicating that they did not want the services, they were charged on their mobile phone bills on a continuing basis.

Caught unaware

The commission says Wise Media and its operators took advantage of the fact that consumers may not expect their mobile phone bills to contain charges from third parties and that these charges appear on bills in an abbreviated manner that does not always clearly designate the company as the source of the charge.

As a result, it says, many consumers didn’t notice or understand the charges and paid the bills. To the extent that consumers did notice the charges, the process of obtaining refunds was difficult and often unsuccessful according to the complaint.

Wise Media is accused of going to great lengths to hide its contact information from consumers. And it says, when consumers were finally able to find a phone number for Wise Media, the company's call center employees frequently promised refunds that were never provided.

In addition to Wise Media, Buckley and Deloney, the FTC complaint names Concrete Marketing Research, LLC, alleging that it received ill-gotten funds from the operation.

Common practice

Just because you haven't had any dealings with Wise Media, don't think you can't be affected. Complaints about cramming -- from many sources -- are not unusual.

"T-Mobile keeps billing me for incoming text messages," William of Mt. Morris, Mich., wrote in a ConsumerAffairs post. "I have no control over these and shouldn't be billed for them. One message was from a third party selling something. Another was from T-Mobile. I called, but they won't take the charges off. Furthermore, they refused to block text messaging on my account."

Many of the complaints ConsumerAffairs receives are from parents whose children decided to use text messaging or scour the Internet from their cell phone.

"We purchased a plan for our daughter who was entering college," Charlene of Greenville, Miss. wrote. "When the first bill came it was for over $600. The text messaging option is the main means of communication for my daughter. We had been charged for each incoming and outgoing text message -- 10 cents per message."

Belkis of New York is a single mother with two children. When her children surfed the Internet and downloaded a ringtone with her cell phone, her bill was $80 higher than normal that month.

Though so far unsuccessful in court, disgruntled owners of  MacBook Pro laptops continue to flood social media with their expressions of outrage about what they regard as the expensive machines' substandard performance.

"I have the new 13" MacPro and even when it's plugged in, if you are using a site that is graphic intensive, it starts to drain battery power," a consumer named Sharon said in a ConsumerAffairs posting.

Earlier this year, a federal judge in California dismissed a suit filed by Alex Tomek, who alleged that in 2011, he bought a MacBook Pro based on Apple's claims of "huge leaps in performance."

But Tomek, whose suit sought class-action status, said he soon found the battery was not charging under certain conditions and that sometimes the machine was draining power from the battery even when it was plugged in. Eventually, it go so bad that Tomek said he had to stop working and turn the machine off to let it recharge.

Not enough power

Tomek's suit alleges that the 85-watt power adapter supplied with the machines is not up to the job of powering the the 2.3 gHz Intel Core 17 processor and its accompanying AMD Radeon graphics processor, despite Apple's advertising which promised that users would be able to "surf the web wirelessly for up to 7 hours on a single charge."

Tomek said consumers were complaining about the problem since the machines were released but received no satisfaction from Apple, which the suit alleges has "failed and refused and continues to faill and refuse to provide adequate customers service ... to cope with this defect."

In its defense, Apple argued that Tomek had failed to build a strong case for his assertion that Apple had intentionally misled purchasers. 

In dismissing the case, the judge wrote that the suit was "devoid of any facts demonstrating that Defendant ever represented to Plaintiff that the MacBook Pro's battery would not drain under certain circumstances, even if plugged into an external power source, resulting in a shutdown. In fact, Defendant's support representative told Plaintiff the battery drain was 'expected behavior.'"

Also, the judge noted, Apple claimed battery life would be "up to" seven hours, thus leaving itself considerable wiggle room. Tomek has the option to amend certain provisions of the suit and refile it.

Like everything else, the cost of owning and driving your car is higher this year. In its annual study of driving costs, AAA found a 1.96% increase, a whopping 1.17 cents.

That puts the total cost at 60.8 cents per mile, including maintenance, fuel and insurance costs. If you drive somewhere around the national average of 15,000 miles per year, that comes to $9,122 per year.

The biggest increase comes not from gas but from maintenance. According to AAA, the cost of maintaining the average car rose 11.26% over the last year. That includes labor, parts and the purchase of an extended warranty.

Does that mean mechanics are getting rich? No, it means that modern cars keep getting more complex and, therefore, more expensive to maintain. Parts are more expensive and mechanics -- or technicians, as they're now called -- require more training, which equates to higher hourly rates.

Fuel costs were up only 1.93% to 14.5 cents per mile on average. That's less than the 3.84% increase in the price of gas, thanks to improved fuel mileage for most newer cars.

Insurance costs were up 2.76% and tire costs remained unchanged, coming in at one cent per mile on average. 

“Many factors go into the cost calculation of owning and operating a vehicle,” said John Nielsen, AAA Director of Automotive Engineering and Repair. “Before you make any vehicle purchase, it is important to determine ownership and operational costs and compare them to your current and future financial situation.” 

What to do

What can you do to keep costs down? 

The easiest way to save money is to buy a compact car with a gas engine, stick shift and the bare minimum of accessories. This will reduce the purchase price, maintenance and insurance costs and help you save on fuel. 

Remember that while a hybrid or diesel-powered car may get more miles per gallon, it will cost a lot more to buy and, possibly, to maintain. Unless you do a lot of driving, the math may not work for you.

And finally, drive moderately. Speeding away from one stoplight only to race up to the next one and slam on the brakes is self-defeating. It wastes gas, wears out the brakes and, should you manage to cleverly slam into the car in front of you, raise your insurance rates. 

Two things in life are certain, death and taxes. Having just paid your taxes you might want to spend a little time planning for the other certainty. Fortunately, the Internet offers a growing number of handy tools to help.

As we recently reported, Google has announced a new feature that allows you to tell Google now what to do with your digital assets, such as Gmail folders, if you die or become incapacitated. It's a way around the problem of most online services refusing to release user IDs and passwords to survivors without making them jump through various hoops.

Do your own eulogy

Meanwhile, two St. Louis women have founded a website where you can record and upload a video eulogy to one day be played at your funeral. Alba Carrico, co-founder of myowneulogy.com, said the idea for the site came after attending funerals of friends' parents and noticing the eulogies were fairly generic, almost like obituaries.

“Sometimes the priest doing the funeral knows who you are but doesn't really know you,” Carrico said. “We felt people should be able to leave their own eulogy and tell it the way you want to be remembered.”

You could have your best friend or an older relative record your eulogy. But Carrico says most people record their own closing remarks.

“For example, I would be addressing the crowd at my funeral,” she said. That's what we're trying to make people understand. That it's easier to say good-bye when you're healthy and you aren't really thinking about dying. We want people to feel comfortable when they say good-bye and tell people they love them.”

Accessible through QR code

To make your eulogy accessible long after your funeral, you can link your video to a QR code that you can have placed on your headstone or urn so people can scan it and see your eulogy years after you're gone.

“We wanted to make our website like a YouTube for the afterlife, now,” Carrico said.

The site has rapidly grown in less than a year of operation and Carrico and her partner are currently seeking crowdfunding through indiegogo.com to expand it.

Another site, DeathClock.com, tries to help you plan for the post-life experience by predicting the exact day you'll depart this earth. The site features a “death calculator,” into which you enter your birth date, your sex, and “mode.” That's a description of your outlook, whether you tend to be an optimist or pessimist.

It also asks whether you are a smoker and asks you to enter your body mass index (BMI). If you aren't sure, it provides another calculator to help you determine that.

Final departure date

With all that information, the calculator predicts your precise date of departure. In the case of your writer, it's July 15, 2041.

Before dying it's a good idea to make out a will. There are a number of online legal sites than can help you prepare a last will and testament. But if you're always on the go, you can even take care of it on your mobile device, using the MyWill app.

The 99-cent app, according to its developers, allows you to quickly make these final arrangements on your iPhone or iPad. It can be used in all states except Louisiana.

We do not, however, recommend do-it-yourself wills if you have assets beyond a few thousand dollars. You should consult an attorney to discuss the variables that affect your estate.

Social Security was established to provide supplemental support for people when they reached retirement age, now set at between age 66 and 70. But the law also allows recipients to begin drawing benefits early, at age 62.

While this might sound attractive, doing so significantly reduces the monthly benefit you are entitled to. Most financial planners suggest it is better to put off drawing benefits as long as possible. Unfortunately, it isn't always possible.

The Great Recession came along at the worst possible moment for America's baby boomers, who are entering their retirement and pre-retirement years. The stubbornly high unemployment of the last four years has meant many are out of jobs, or forced into part-time positions. Some see drawing Social Security at age 62 as a necessity. Before starting your benefits, here are some things to consider.

First, the total amount of your benefit, over your lifetime, doesn't change by starting your draw at age 62. The Social Security Administration simply reduces your monthly benefit to account for the four extra years that you will be getting monthly benefits. In most cases, starting your draw at age 62 instead of 66 will result in a reduction of 25% from what you would get at 66.

Example

For example, a 62 year old male might be due a benefit of $2,000 a month at age 66. However, if he began drawing benefits at 62, his payment would be only $1,500.

On the one hand, waiting four years will yield an extra $500 a month, or $6,000 a year. On the other, drawing at 62 would yield $18,000 a year for four years – a total of $72,000 – that he would not have received during that time.

At age 66, he would still be drawing the $1,500 instead of the $2,000 he would ordinarily have been entitled to. At a net loss of $500 a month, or $6,000 a year, it would take 12 years before the imbalance started running the other way. In other words, age 78 is his break-even point.

If he lives to be 90, he'll receive $72,000 less in benefits than he might otherwise have. If he lives to only 81, the imbalance is significantly less. So the first question you have to answer is how long do you expect to live, and will you need that extra 25% of your benefits in old age more than you will when you are in your 60s and 70s? For most people the answer is yes. But if you are scrambling for income now, the answer is less clear.

Additional penalty

But this might add some clarity. In addition to the penalty of reduced benefits, there is another significant downside to drawing Social Security benefits at age 62. You aren't allowed to earn very much additional income. For example, if you plan to start drawing at 62 but remain in a job paying more than $15,120 a year, your already-reduced benefits will be reduced some more.

If you are drawing Social Security benefits before your full retirement age of 66, your benefits will be reduced by $1 for every $2 over your annual limit – $15,120 for 2013. So if you are considering an early draw on Social Security because you can't find a job, keep in mind that any extra income must be limited to $15,120 a year, or you will see a reduction in benefits.

Once you reach full retirement age of 66, you can earn an unlimited amount of income without affecting your benefits, whether you began drawing at 62 or at some point later.

If you can wait until age 67 to 70 to start drawing Social Security, you get an added bonus. You would be eligible for delayed retirement credits, which increases your monthly benefit. If you have good genes and have a reasonable chance of living into your 90s, that could come in handy.

While it is a good idea to carefully consider all the consequences of drawing Social Security at 62, you should know that the decision is not irrevocable. You have up to a year to change your mind if you start drawing at 62. However, you would be required to repay the Social Security Administration everything you had received in benefits to that point.

Everyone's situation is unique so there is no one-size-fits-all kind of advice. The best course of action is to consult with a trusted financial advisor who can give advice based on your set of circumstances.

Small World Toys Enterprises, of Torrance, Calif., is recalling about 4,000 Ryan’s Room brand Spin-A-Mals Farm and Spin-A-Mals Safari puzzles.

Small pegs on the puzzle boards can loosen and separate from the boards, posing a choking hazard to children. The firm has received four reports of pegs separating from puzzle boards. No injuries have been reported.

The recalled products are Ryan’s Room brand Spin-A-Mals Farm and Spin-A-Mals Safari puzzles intended for children over 12 months of age. Both toys are made of wood. The puzzles consist of a painted, rectangular board with pegs mounted to it and removable gear and animal-shaped pieces. The farm puzzle has 14 puzzle pieces including three animal pieces: a cow, a dog and a sheep. The safari puzzle has 11 puzzle pieces. Children place the pieces onto the pegs and use the knob on one of the pieces or insert an animal figure into other pieces to rotate all of the gears. The puzzle boards have “2012 Small World Toys” on the bottom right.

The puzzles, manufactured in China, were sold at Toy stores nationwide and catalogs from May 2012 through October 2012 for about $25.

Consumers should immediately take the puzzles away from children and contact Small World Toys for a free replacement toy. After contacting Small World Toys, the recalled toys should be destroyed and disposed of in a manner to prevent future use.

Consumers may contact Small World Toys at (800) 421-4153 from 7 a.m. to 4 p.m. PT Monday through Friday or by e-mail at recall@smallworldtoys.com.  

American Airlines said late this afternoon that it had resolved the computer issues that had  grounded all of its flights today.

The Federal Aviation Administration (FAA) issued a "ground stop" for all American and American Eagle flights at the airline's request earlier Tuesday.

American, which operates about 3,300 flights a day, managed to resolve the unspecified problem around 5 p.m. Eastern time but by then, hundreds of flights had been canceled and countless others were in doubt as crews and equipment were scattered around the country far from where they were supposed to be.

The computer system, which is operated by SABRE Holdings, is at the heart of the airline's operations. It not only handles reservations but also crew scheduling, flight manifests and other crucial information.

American said the problem was not with the computer system itself but rather with its ability to access the network.

Currently operating in bankruptcy, American is in the process of merging with US Airways to create what the companies say will be a "premier global carrier." Today's incident does little to burnish the new image the companies hope to build. 

Nor does a recent lawsuit that accuses US Airways of racial discrimination for forcing two African-American men to change clothes if they wanted to fly in first class. 

For some people fashion is everything to the point where new designs and styles are anticipated like summer time in mid-January.

To others, fashion has nothing to do with clothes; it’s something that fancy people are into, and for a good portion of folks their extent of being fashionable is maybe buying a new pair of shoes once the old ones are too mangled to wear.

With some men it’s even worse.

Somewhere between buying a bunch of new clothes for that first “real” job they get and working at that same job for years, the normal uniform becomes a white shirt and khakis or slacks.

So much so that these items go from work clothes to everyday clothes and there seems to be no effort to changing attires or adjusting looks to fit specific events.

A clear sign that a guy is completely unconcerned with what he's wearing is when you see him at each social event dressed “office casual” instead of dressing for the occasion at hand, because let’s face it, a white button up and khakis isn’t the best way to go for every social situation.

In the know

But for those people who are into fashion, now is truly a great time, because not only has higher-end fashion become more accessible to average consumers through technology, that same technology has allowed people to join communities of fashionistas, designers and retailers to stay in the know of different styles and exchange fashion ideas.

And just as in many industries today, consumers are staying tuned-in through smartphone applications, as there seem to be a million of them on the market right now.

But which apps are the best? Which apps are able to keep consumers abreast of different designs around the world and which ones are able to keep up in a technological sense with the extremely fast pace of fashion? After all, we all know how ever-changing the trends in clothes, shoes and apparel can be.

Right now, Pose is a pretty hot app in the tech world, as it currently has millions of devoted users, reports show.

Have you ever known someone who had a fashion sense that you liked or admired and wished you could regularly communicate with that person for inspiration and ideas?

If you have, then Pose might be the app for you, as it lets you view a feed of people you're following, and you can see posted photos of their fashion  items.

Once you click on an item, you can “love” it, which is similar to a Facebook “like” and choose to comment on that photo, discuss it with others and find out where you might be able to purchase that item.

In addition, Pose handpicks a group of fashion tastemakers people can follow to discuss style ideas with and stay properly informed. The app lets you post your own photos of fashion ideas to inspire somebody else if you choose as well.

A matter of style

And speaking of inspiration, Style.com has been giving fashion and design news since the website launched back in 2000.

Just like the site, the Style.com app is pretty much a hub for everything fashion--from style and trend updates from places like London, Milan, New York and Paris, to being able to view live runway shows from different cities around the globe. And just like any decent fashion app worth its weight, the Style app will keep you up to date with all of the celebrity fashions worn on red carpets and star studded events

Basically, if you’re a person who likes to get fashion updates up to the minute, the Style app should definitely be downloaded.

 The TrendTracker app from the fashion site TrendStop.com works in a similar way, as it gives users constant updates on various areas of fashion, whether it’s high-end catwalk styles to those highly coveted fashion items that you see people wearing on the street.

In addition, the TrendStop app keeps users in the loop with fashion news and design updates and allows them to share whatever they find with Facebook and Twitter friends.

The creators of the app say they just added over 80 high resolution videos of the latest fashion shows from different parts of the world, and you access about 3500 fashion photos to give you all the creative motivation you’ll need, whether you’re a designer yourself or you just like to dress in the latest and trendiest get-ups.

Whole cloth

The app called Cloth allows you to post, share and save fashion photos as well, but what’s different about this app is its weather component that lets users tag their outfits according to the current climate or weather forecast.

So if it’s raining one day and you need an idea of what to wear to keep warm and dry but still fashionable, you can digitally search through your wardrobe by the tags you created, so there’s no guesswork involved in either dressing for the weather or looking good.

Cloth is really for those people who tend to pre-organize their outfits for the upcoming day or week, as the app will allow you to see everything you have through your phone and organize outfits according to the forecast, which is great if you have a closet full of clothes and  can't remember everything you have. 

There's an entire generation of consumers to whom the phrase "free TV" doesn't have much meaning. But believe it or not, it's still possible to watch over-the-air TV channels -- assuming you don't live 800 miles from anywhere -- just by hanging an antenna out the window.

Of course, most of us don't do that. The local over-the-air stations are just mixed in with all the entertainment, news and general drivel from cable channels like HBO, Discovery and TLC. 

These days, anybody who watches TV straight off the air is in danger of being lumped in with survivalists and other far-out types whose dream is to live off the grid. A notch above that are the hold-outs who have nothing but basic cable -- no DVR, not even a set-top box. They just watch the local channels and maybe a few freebies like the Weather Channel and CNN. 

But not for much longer, at least for Comcast customers. The company last year got permission from the Federal Communications Commission (FCC) to begin encrypting local channels -- turning them from analog into digital signals.

Set-top box

This means that basic cable subscribers will need to get a set-top box to keep watching those channels, just as some consumers had to get a digital converter a year or two ago when over-the-air signals went digital. Customers who use certain types of DVRs not provided by Comcast may also need to get a converter.

This is not going over well with some of Comcast's customers.

"I cannot believe that Comcast is forcing us to purchase HD Converter Boxes for $9.99 per month per box in order to continue receiving HD quality TV on our brand new TVs," said Debbie of Manchester, NH. "I do not have the room to place a big box on my kitchen counter, nor do I want to pay an additional $20 per month in order that I may even watch TV on my two new TVs! This is outrageous!"

Comcast and other cable providers have been lusting to do this for quite some time, ostensibly to cut down on cable theft. Currently, anyone who can find a live cable feed can splice into it and start watching News at 5 for free. It's illegal but so is speeding.

Of course, it goes without saying that over time this will turn into another revenue stream for cable. While set-top boxes may be provided free initially, you can bet there'll be a charge for them in the future. Adding the digital box is also the fox's first step into the henhouse; once the box is there, the cable company has a lot more control over what consumers can -- and can't -- see. 

The roll-out is just getting started and the company hasn't said exactly when each of its markets will be affected. It does say that customers who don't currently have set-top boxes will be eligible to get two adapters at no charge for two years -- five years if they receive Medicaid.  

Customers who get premium channels on one set but just basic on another set will be eligible for one device at no charge for one year. 

Boxee Cloud

Also affected by the switch will be customers who use some versions of Boxee, which the company calls a "cloud-based DVR."   Comcast said it will provide an "Eternet DTA" box that will work with the Boxee Cloud DVR but not the original Boxee Box. Don't ask us what the difference is; everytime we write about Boxee, the company's mouthpieces take issue with our description. 

We suspect this is what has Lisa of Tamarac, Fla., upset.

"Comcast does not allow us to use the DVR we purchased a couple of years ago because of a new little box they said we had to have in order to continue service with them," she said in a recent ConsumerAffairs posting. "The DVR cost around $300 and is not compatible with this little box. They offered no solution and now I can't record shows that I might miss and want to watch later. I would have never purchased a $300 DVR if I knew this was going to happen."

"We are beginning to proactively notify customers in select markets that we will begin to encrypt limited basic channels as now permitted by last year's FCC B1 Encryption Order," Comcast said,in a statement. "While the vast majority of our customers won't be impacted because they already have digital equipment connected to their TVs, we understand this will be a change for a small number of customers and will be making it as convenient as possible for them to get the digital equipment they may need to continue watching limited basic channels."

Other cable companies haven't announced their plans yet.