Current Events in April 2013

There is growing concern about cyber security, especially among businesses and organizations that maintain vast networks. But consumers have to be aware of any threats to their personal computers and mobile devices. These threats are usually in the form of malware.

Malware is a general term to describe software you did not knowingly install and that disrupts the normal operation of your machine. It can simply be annoying or a serious threat. Your anti-virus software is supposed to detect and deflect these programs but, for a number of reasons, some can slip by.

Here are some signs that your PC might be compromised:

The machine runs at a slower than usual speed. We're not talking about your Internet speed, necessarily, but the speed in which your computer operates software programs and performs tasks.

If you find that your browser is taking you to a different site than the one you selected from your bookmarks, or a search engine gives you odd, unpredictable results, it's a sure sign your computer is infected with malware. After all, the main purpose of malware is to give someone else control over your machine.

Use care in downloading fixes

There are a number of free programs that will scan your system in search of malware, but be very careful, checking out any program before you download it. Michael, of Plano, Tex., downloaded MyCleanPC, which is advertised on TV, and now wishes he had not.

“Almost immediately I began noticing an unbelievable number of advertisements of all kinds on my laptop, making my laptop run even slower,” Michael wrote in a ConsumerAffairs post. “I have so far uninstalled all traces of MyCleanPC from my laptop, and the effect is spectacular. No more silly and annoying ads and my laptop is a bit faster.”

Malware is sometimes enabled by a rootkit, which is a type of software that can disguise what your computer is doing. Sometimes, it can even fool your anti-virus software. Once an attacker gains access to a compromised computer, it can perform just about any tasks you can, including changing settings.

Some may recall the 2005 scandal involving Sony BMG Music, which was accused of secretly including a rootkit in music player software that came with music CDs. The rootkit was designed to protect the copyright by limiting the consumers' access to the CD but it also amounted to a major security breach.

A nasty threat

While a rootkit is very hard to detect, it may be even harder to remove. In some cases it requires the replacement of hardware. Fortunately, rootkits are not as common as run-of-the-mill malware. In most cases, malware is used to direct your attention from what you are looking for and toward something that the attacker wants to sell.

To do this malware often attacks and changes your DNS server settings. Internet addresses are not words, like ConsumerAffairs.com, but a series of numbers, punctuated by periods. DNS servers provide the translation from the name you typed into your browser's address line to the numbers, which identify the site's real address.

Hackers have learned that if they can control a user’s DNS servers, they can control what sites the user connects to on the Internet. A malware called DNSChanger performs that task. By using malware to change the user’s DNS server settings, the criminal can force the user to go to a different site than the one the user actually wants.

Last July the FBI found and disabled a number of rogue DNS servers operated by malware hackers. As a result, the consumers whose machines were infected with DNSChanger found their machines would no longer connect to the Internet.

What to do

If you suspect your machine is infected with malware, you could troubleshoot the problem yourself, but you are probably better off seeking professional help. Seek an independent computer repair shop that has a good reputation. That will usually yield better results that using repair services operated by big box retailers.

Once your machine is cleaned and repaired, make sure you keep your anti-virus software and computer operating system updated. It's probably not a bad idea to take your computer to a repair shop for a diagnostic tune-up once a year anyway, just as you would get regular service for your car.

All this assumes you are running Windows. If you are using an Apple machine or a Chromebook or running Linux on your computer, you're most likely home free. 

Doctors, lawyers, accountants, financial advisors and every other kind of expert imaginable routinely appear on television, write guest columns for newspapers, pen magazine articles and even run their own websites.

Their goal? Well, maybe it's partly to garner new patients and clients but it's also part of the pro bono public service that professionals are expected to provide. For decades, it has been accepted practice for such professionals to offer general consumer advice through media outlets, always noting that their advice is just that -- general information, not a replacement for a visit to one's own doctor, lawyer, etc.

Veterinarians and their professional associations don't seem to subscribe to this notion, however. Trying to get any kind of expert opinion from veterinarians' professional associations or from individual practitioners, other than academicians, is very difficult. Vets complain bitterly among themselves about news stories and social media content and send amazingly vile and obscene emails to reporters but seem to feel no obligation to lift a finger to inform public opinion.

Pig-headed

ConsumerAffairs' queries to professional and trade veterinary associations, for example, often go unanswered. Ignoring press calls is something that is practically unheard of in the association world.

It is, to borrow a phrase, a pig-headed approach. One vet who does not buy into it is Ronald V. Hines, a 69-year-old Texan whose website is frequently cited in news reports, including a recent ConsumerAffairs story on diabetes in dogs. 

This one-vet attempt at consumer education rubs the Texas Board of Veterinary Medical Examiners the wrong way. The board's rules prohibit a veterinarian from giving advice unless he or she has first physically examined the animal and the board suspended Hines' license as a result of his giving advice to pet owners via the Internet. Now Hines has sued the board in federal court, alleging the board's action infringes his First Amendment rights.

"It should not be illegal for veterinarians to give veterinary advice," Hines says in the complaint, Courthouse News Service reported. His suit charges that for many pet owners, the advice he dispenses is their only realistic option and notes there has not been "even an allegation that his advice has harmed any animal."

Hines has been running his non-commercial website -- www.2ndchance.info -- since 2002. It includes hundreds of articles, covering just about every dog and cat health problem imaginable. 

In an article on hip dysplasia in dogs, for example, Hines explains what hip dysplasia is, how it develops, what treatments are available and what dog owners can do to try to prevent it. Although it is very detailed, the article also recommends repeatedly that dog owners consult their veterinarian for diagnosis and treatment.

Advice for a fee

What particularly irks the veterinary board, apparently, is a service Hines added to his site to try to help individual pet owners. Like anyone who writes about pet health or any consumer topic, Hines found himself flooded with emails seeking advice, so he began offering individual advice for a $58 fee, although Hines said he waives the fee for pet owners who can't pay.

Besides helping the pet owners, Hines said the feedback from readers helps him improve and update his general articles and the income helps pay the costs of keeping the site up and running. He said he made $ $2,797.24 in 2011.

In his lawsuit, Hines said he immediately stopped giving advice when the state board challenged him. 

"Dr. Hines was astonished to learn that he had been breaking the law by helping hundreds of pet owners across the country and around the world through his website," the complaint states. "Dr. Hines immediately stopped providing veterinary advice via electronic means because he feared punishment."

Hines estimated that only five percent of the pet owners with whom he has communicated are residents of Texas. The rest are from other states and countries.

Hines says the Texas law is unfair to sick animals and their desperate owners, especially those who live in countries where competent veterinary care is not easy to come by.

"For example, if a pet owner in Africa asks Dr. Hines for advice via the Internet because there is no ability to obtain qualified veterinary advice locally, the Texas Veterinary Licensing Act requires that pet owner and that pet to go entirely without veterinary care rather than be able to consult Dr. Hines."

The complaint notes that Hines is not the only public-spirited veterinarian: the Fox television station in Austin, where the state board is located, has a regular segment featuring a Texas-licensed vet answering questions from viewers.

Since the foreclosure crisis peaked there have been several settlements between mortgage servicers and borrowers who lost their homes to foreclosure. The one getting the most attention was the 2012 settlement involving 49 states and the U.S. government for $25 billion.

Payments begin this month to borrowers involved in another, smaller settlement with 13 mortgage servicers. But even though the settlement amount is $3.6 billion as opposed to $25 billion, the 4.2 million borrowers may stand to get a much larger check than those in the previous settlement.

In the $25 billion settlement with five loan servicers over illegal “robo-signing” of foreclosure documents, borrowers received only $1.5 billion of the $25 billion settlement. Most of the rest went to federal and state governments.

Larger payments

In this latest settlement, between the Comptroller of the Currency, Federal Reserve and 13 loan servicers, payments are likely to be more generous. While some borrowers will get as little as $300 from the settlement, others will get as much as $125,000.

The agreement affects borrowers whose homes were in any stage of foreclosure in 2009 or 2010 and whose mortgages were serviced by Aurora, Bank of America, Citibank, Goldman Sachs, HSBC, JPMorgan Chase, MetLife Bank, Morgan Stanley, PNC, Sovereign, SunTrust, US Bank, and Wells Fargo.

In the initial part of the settlement, payments will not be made to borrowers who were served by Morgan Stanley and Goldman Sachs. Those payments will be announced later.

'Deficient practices'

The 13 mortgage servicers had been cited for “deficient practices in mortgage loan servicing and foreclosure processing.” The settlement resolves enforcement action brought by the Comptroller of the Currency and the Federal Reserve.

George, of Friendswood, Tex., could be among those receiving a check.

“Chase wrongfully foreclosed on me after I won free and clear title in a lawsuit and they tied up my title,” he wrote at ConsumerAffairs. “Chase recorded the alleged foreclosure sale while a restraining order was in place preventing them from doing so. Chase attorneys have argued that they don't have to provide payoff information if they choose not to do so. Chase attorneys have also argued that they do not have any responsibility to deal in good faith.”

Carlton, of Rochester, N.H., found himself in a foreclosure battle with US Bank when he and his wife tried to modify their loan.

“We sent certified copies of what they asked for,” he wrote. “They received and signed for it then we were told we never sent it even though we had copies of signatures. We kept getting bounced around from one operator to the next, had to re-tell our story, called liars and so on. Even though we were trying to get modification we were told that we were going into foreclosure. We also found out the the gentleman my wife was speaking with about the modification had his name forged on documents they sent us.”

In a bit of irony, Melissa, of Keller, Tex., says she used to work in Bank of America's mortgage department.

“I was always shocked to be processing loans that were in the foreclosure process for years,” Melissa wrote in a ConsumerAffairs post. “I left Bank of America and two months later my husband was laid off. I tried to get a modification and was told I had too much debt for Bank of America to help me.”

Check's in the mail

If Melissa, Carlton and George are eligible for a payment under the settlement, they and others like them will receive a check from RUST, the settlement agent. According to the Comptroller of the Currency, accepting a settlement check does not prevent any borrower from taking independent legal action against a loan servicer.

What to do

If you are scheduled to receive a payment, you do not have to take any action. If you have questions, you can contact RUST at 1-888-952-9105, Monday through Friday, 8 a.m. - 10 p.m. ET or Saturday, 8 a.m. - 5 p.m. ET.  

Rats engineered to have the mutant genes that are known to play a role in the rare, early-onset form of Alzheimer’s disease are being used in the effort to determine the cause of the disabling disease.

A study, published in the Journal of Neuroscience, says rodents that have the full array of brain changes associated with Alzheimer’s disease supports the idea that increases in a molecule called beta-amyloid in the brain causes the disease.

“We believe the rats will be an excellent, stringent pre-clinical model for testing experimental Alzheimer’s disease therapeutics,” said Terrence Town, Ph.D., the study’s senior author and a professor in the Department of Physiology & Biophysics in the Zilkha Neurogenetic Institute at the University of Southern California Keck School of Medicine, Los Angeles.

An age-related brain disorder that gradually destroys a person’s memory, thinking, and the ability to carry out even the simplest tasks, Alzheimer's affects at least 5.1 million Americans and is the most common form of dementia in the United States.

A new breed

Researchers often use rodents to study diseases. However, previous studies on transgenic mice and rats that have the gene mutations only partially reproduce the problems caused by Alzheimer’s. The animals have memory problems and many plaques but none of the other hallmarks, especially neurofibrillary tangles and neuron loss.

To address this issue, Dr. Town and his colleagues decided to work with a certain strain of rats.“We focused on Fischer 344 rats,” he said, “because their brains develop many of the age-related features seen in humans.”

“This new rat model more closely represents the brain changes that take place in humans with Alzheimer’s, including tau pathology and extensive neuronal cell death,” said Roderick Corriveau, Ph.D., a program director at the National Institute of Neurological Disorders and Stroke. The model, he said, “will help advance our understanding of the various disease pathways involved in Alzheimer’s onset and progression and assist us in testing promising interventions.”

If the Justice Department gets its way, Mo’ Money Taxes, a Memphis-based tax-preparation chain, will soon be out of business.

The government has filed a civil injunction lawsuit seeking to shut down the company, which at one time operated as many as 300 offices in 18 states. The company and its owners -- Markey Granberry and Derrick Robinson, and store manager Eumora Reese -- are accused of creating and maintaining a business environment that encourages the preparation of fraudulent federal income tax returns.

Fraudulent tax prep

According to the suit, Mo’ Money Taxes’ managers, licensees and employees prepare fraudulent returns that cause their customers to incorrectly report their federal tax liabilities and underpay their taxes and charge customers bogus and unconscionably high fees.

The complaint contends the defendants encourage Mo’ Money preparers to:

• Falsely claim the earned-income credit;
• Claim improper filing status;
• Claim bogus education credits;
• Improperly prepare returns using paystubs rather than employer-issued W-2 forms;
• Fabricate bogus W-2 forms;
• File tax returns without customers’ consent;
• Sell false and deceptive loan products; and
• Charge deceptive and unconscionable fees.

“The nation’s tax system relies on the integrity of tax preparers,” said Kathryn Keneally, Assistant Attorney General for the Justice Department’s Tax Division. “Most tax preparers are honest. We owe it to them and to all American taxpayers to use appropriate law enforcement tools to stop those who prepare fraudulent tax returns or who lure customers with deceptive loan products.”

The United States previously obtained a permanent injunction against Toney Fields and Trumekia Shaw, who operated a Mo’ Money Taxes location in Nashville.   

A U.S. District Court judge has ordered Chung's Products to close down. The compay, which sells packaged Asian food products in all 50 states, was accused of producing food under unsanitary conditions.

The company's plants will remain closed until they meet a number of requirements imposed by the Food and Drug Administration, including developing a seafood hazard analysis plan, training employees on proper sanitation, and repaying the FDA for multiple investigations at the company’s Houston facility between 2005 and 2009.

The company's products, including egg rolls, spring rolls and pot stickers, are sold at a variety of retailers, including Walmart, Target and Kroger.

Although there have been reports of illnesses associated with the products, the FDA has had concerns about the company's safety practices since 2007, when it issued a warning letter to Chung's about coniditions found during routine inspections.

Looking for love in all the right places? The Internet may not be one of them.

That guy or gal who professes to be your soul mate or the love of your life may, according to Oregon Attorney General Ellen Rosenblum, be a con artist on the make for cash.

One popular scam involves supposed romantically minded members of the U.S. military. In one recent case, a Hillsboro, Ore., woman lost more than $750,000 to someone she thought was a lonely soldier.

And the G.I. con job is just one of many scams out there. Over the years ConsumerAffairs has received a large number of reports from dating site users who became emotionally involved with someone online, only to find out they were being scammed.

David, of Loveland, Colo., said he fell for a romance scam when he thought he was helping a young Russian woman stranded in a foreign country.

"Since then I have been approached on every dating site I have joined by supposed women who are stranded in Nigeria or Ghana," David wrote in a ConsumerAffairs post. "When the dating sites are notified they are scammers they do nothing about it."

What to do

Rosenblum advises consumers to be skeptical of any Internet claim. The web's anonymity means that you cannot be sure of the real name, age, marital status, nationality or even gender of your new “paramour.”

Many times these con artists are in foreign countries using untraceable email addresses. Once a connection is made, they begin asking for money for any number of things ranging from medical bills to the cost of a wedding.

Accounts are routed through numerous locations utilizing pay-per-hour Internet cyber cafes, which makes finding the crook and getting money back difficult, if not impossible.

Safety tips

Here are a few tips to help you stay safe:

• Do not wire money to someone you have not met in person. Be wary of warp-speed proclamations of love, particularly if they are accompanied by pleas for cash.
• Be suspicious if you never get to actually speak with the person on the phone or are told they will not receive letters in the mail. Legitimate servicemen and women serving overseas will often have an APO or FPO in their mailing address.
• Do not send money or ship property to a third party or company, especially to parties or companies in an African country.
• If you think you have been scammed by an individual claiming to be a member of the U.S. military, contact your local law enforcement agency or the FBI.

Chrysler is recalling as many as 119,497 model year 2011-2012 Chrysler 300, Dodge Challenger and Dodge Charger vehicles manufactured April 11, 2011, through December 14, 2011.

The vehicles may have improperly sized terminal crimps on the seat side-airbag wiring harness which may cause the seat side-airbags to malfunction and illuminate the airbag warning light. In the event of a crash necessitating airbag deployment the airbags may not operate as designed, increasing the risk of injury.

Chrysler will notify owners, and dealers will replace both driver and passenger seat airbag wiring harnesses, free of charge. The recall is expected to begin during April 2013.

Owners may contact Chrysler at 1-800-247-9753. Chrysler's recall campaign number is N07.

Chrysler is recalling about 20,532 model year 2012 Jeep Patriot and Compass vehicles manufactured October 18, 2011, through May 7, 2012.

Due to an incorrectly manufactured transfer tube, the transfer of fuel from the secondary side to the primary side of the fuel tank may be interrupted, causing the engine to stall. If the engine stalls while the vehicle is being driven, the risk of a crash may be increased.

Chrysler will notify owners, and dealers will replace the fuel tank transfer tube free of charge. The recall is expected to begin during May 2013.

Owners may contact Chrysler at 1-800-247-9753. Chrysler's recall campaign number is N17.

Chrysler is recalling about 61,400 model year 2007-2008 Dodge Nitro 4X2 vehicles manufactured March 21, 2006, through March 1, 2008; and 2008 Jeep Liberty 4X2 vehicles manufactured February 15, 2007, through March 1, 2008.

The transfer case heat shield may drop down and rub on the drive shaft, weakening it and potentially causing the drive shaft to break. That could cause a section of it to strike the transfer case tunnel with enough force that the airbag computer will believe the vehicle is in a crash and thus deploy the airbags. Additionally, the drive shaft failure will result in a loss of motive power. Either condition may increase the risk of a crash.

Chrysler will notify owners, and dealers will add a bracket to support the rear of the heat shield, free of charge. The recall is expected to begin during May 2013.

Owners may contact Chrysler at 1-800-247-9753.

Things change quickly, including the common wisdom. Sometimes things just go in a circle. Example: For a long time, the common wisdom was that you could get a better deal on hotel rooms by booking online through sites like Hotels.com, Priceline and Expedia.

Lately, the common wisdom seems to be shifting, as consumers run into problems with the online sites. Many consumer advisors lately seem to be recommending that customers book directly with the hotel. Our own Mark Huffman, in a recent story, recommended that consumers who want to avoid unexpected hassles book directly with the hotel.

Well, could be, but Bob Diener, co-founder of Hotels.com and co-founder and CEO of Getaroom.com begs to differ. Diener, a travel industry veteran, says he will compare the results his clients get with any other source, especially dealing directly with the hotel.

"When consumers deal directly, they're dealing with just one hotel or one hotel group," Diener said in a ConsumerAffairs interview. "It's a lot of work to shop hotels directly. For consumers who aren't brand-specific, they're better off with us because they can shop a wide variety of hotels."

After selling Hotels.com, Diener co-founded Getaroom.com as a niche site offering high-value deals and superior customer service and support, he said. Besides offering discounted rates -- generally 10%-20% below the hotel's public  rates -- on its website, Getaroom invites customers to call to see if there is a rate even lower than the one published on the site. Discounts on such unpublished rates can be as much as 65%, he said.

The site also offers "flash sales" -- super-low fares that are offered for a short period of time. The customer can pick any reservation date but must make the reservation before the flash sale expires, generally within 12 to 24 hours. A clock on the site shows how much time is left.

We haven't had a chance to conduct an acid test by making an actual booking through the site but we did compare rates at the Luxor Las Vegas, using Getaroom.com and the hotel's website.  

The Luxor's site offers a $110 fare for a basic "Pyramid" room for a two-night stay  April 22-24.  You don't have to be a dead Pharaoh to get in. Anyone can stay there.

Getaroom.com's price is $54.99. We found Expedia, Hotels.com and Orbitz with $55 rates but a call to Getaroom.com got us an unpublished rate of $51.10, a savings of nearly $4, which translates to about 30 seconds at the dollar slots. When we called Getaroom, our call was answered in about 10 seconds by Jacques, who was helpful and polite. 

By the way, there is an $18 per night "resort fee," which is charged by the hotel and is fully disclosed on the Getaroom site. 

Disruptions and disputes

The beef many consumers have with online hotel reservations is that prepaid reservations are often non-refundable, so if last-minute disruptions occur, they're out of luck.  This, however, is at the option of the hotel and should be disclosed on online sites when the reservation is made, although consumers may not read the disclosure.

When we checked out the Luxor on the Getaroom site, we found a "Cancellation Policy" link on the reservation form, clicked it and found this:

Your credit card is charged in full at the time you book a reservation.

Each room in this reservation is subject to the hotel's cancellation policy which is: Cancellations before 04/20/2013, 10:00 AM (America/Los Angeles) are fully refundable. Bookings cancelled after 04/20/2013, 10:00 AM (America/Los Angeles) are subject to a fee of 1 night's room and tax. There is no refund for no-shows or early checkouts.

That's pretty clear. There are, of course, instances when a refund certainly seems in order.

"We made a reservation through Hotels.com at Budget Inn of Hayward. We showed up at the hotel [and] the manager told us that the hotel is sold out," said Ravi of California. "We called Hotels.com to refund our money and they refused! So we did not get the hotel room, suffered the inconvienience of searching for a new hotel room in an unknown city and also had to pay for the room as well."

Diener says this would not happen with his company. 

"We have much stronger call center capability than our competitors and, for that matter, than most hotel groups," Diener said. "We approach the business as consumer advocates. We will intermediate to resolve issues, and we have more clout with the hotels because we book thousands of room nights."

"Lots of consumers still want to be able to pick up the phone. So it's a hybrid between call center and web. Just the web with no support is not a great consumer experience," Diener said.

Honest reviews

Another frequent beef from consumers who use booking sites is that the hotel that's described glowingly on the site and in accompanying reviews turns out to be a roach motel. 

That's what happened to Ashley of Chesapeake, Va., when she headed over to Virginia Beach for a beach break at the Travelodge.

"Both rooms I was offered were filthy, food was on the floor and couch, trash in the corners and behind the couch, deadbolt was broken, several other issues. I asked the manager for a refund because the second room was even worse than the first and he told me no. I left," Ashley said. "I then called hotels.com and they told me there was nothing they could do. I left a review of the hotel on Hotels.com and I just received an email saying that they wouldn't take my review. Why?"

To avoid this perceived conflict of interest, Diener's site publishes reviews from TripAdvisor.com, an independent third party.

What to do

What's a traveler to do? Unless you're a veteran road warrior with 1 million nights in Marriott's Frequent Guest program or something similar, chances are you can get a better rate by booking through nearly any of the major online sites. But, just as with everything else, you have to be careful and be sure you understand the terms.

Pay upfront. The price you pay for getting the discounted rate is that you are charged for the room when you make the reservation, not when you check in. There may be additional fees, which by law must be disclosed in advance.

Cancellations. Again, by law, the cancellation policy must be disclosed in advance. If you don't see it, look around. It's essential that you read and understand it. 

Check multiple sources. It pays to shop around. Check a couple of sites to see what the going rate is, so you'll have a better idea of how much you can realistically shave off that. Also, check a couple of review sites to see if the hotel gets a black eye from recent guests.

Be realistic.  Everything's expensive. You've not going to get a five-star hotel room in Midtown Manhattan for $55. Whippany, N.J. is another story though. We found the America's Best Value Inn for $59.99 on Getaroom.com, and that's without calling to check for an unpublished rate. It doesn't get great reviews but it's close to I-287 which will get you into New York City or to Newark Liberty Airport if you're careful.

Have a nice trip.   

If you’ve been using the artist and music app Shazam that allows you to identify a certain a song that’s playing and who the artist is, you might find its new TV feature appealing.

Let’s say you’re watching the HBO comedy series "Girls" and you want to know exactly what Marnie—one of the main characters—is wearing.

Or let’s say you’re viewing the “Today Show” and you’re dying to know the designer behind Matt Lauer’s suit. You can use Shazam and it will tell you who the designer is and other important information that will help you locate the suit and buy it.

The creators of Shazam say the new feature will work in the same way the music component does, by allowing you to “tag” a TV show so you can get information on what that product is and how to get it.

A little ways back, the creators of Shazam added the TV feature after a countless number of users were using the app to learn which songs they were hearing, no matter how old or obscure the songs were, and once that new feature was added, users of the app could tag a program and receive fan information like how to get merchandise and other details of a show a fan may want.

Media engagement

Andrew Fisher, CEO of Shazam, said the company is calling this added TV feature “media engagement,” and he expects it to make some pretty big waves in the market.

“We have the ability to identify the product in a TV show, so that when somebody Shazams it, they could find out where a presenter’s dress is from in one click,” said Fisher in an interview with The Guardian. “We are focused on creating a new category, which we call media engagement.”

“We make it easier for consumers to engage with a brand of a piece of content they are interested in, without having to go through search engines, then mining the results," he said. "That works with both TV programming and advertising: a 30-second slot can be turned into a three-minute brand engagement and more.”

The way the music and TV features of the app work, is by the company creating an extremely large database of content, so when users tag something, it takes that particular snippet of what's being tagged and matches it to the content in the database.

In addition, Fisher says that getting background information on TV programs through Shazam is much better than simply hitting the info button on your cable remote, because doing it that way makes everyone watching the show with you have to view the background information too.

More control

Shazam allows each individual viewer to have more control over researching a particular program while it's playing.

“With Shazam, individuals can access a cast list, details of the soundtrack, read tweets from the actors, check out the script, buy onscreen product and a whole lot more on their individual mobile devices without disrupting anyone else’s viewing,” explained Fisher.

With the music component of Shazam already being used by people all over the world and the TV feature just starting to make a splash among users, Shazam could be the new way we search for most things in the future.

Of course now, one needs to use a search engine like Google to research something and after typing or speaking what you want to search, information pops up, which is fast, but still takes a little time.

But imagine a service like Shazam where all you had to do was allow your phone to touch something or tag it, and afterwards, you’d immediately know everything you wanted to know about the item you searched.

It’s clear to see Shazam’s creators have grasped the fact that many consumers are all about obtaining background information to the things they’re interested in these days, and it’s just not good enough to watch, listen or buy something without doing a fair share of investigating first.

So in the future, Shazam being used to tell a person what type of car that’s driving down the road may be possible or tagging what a person is eating or wearing in person could be possible too.

And Shazam isn’t only benefitting consumers, says Fisher, because companies are taking advantage of the app too, which makes sense, because if you’re a brand that wants to capture a particular audience, why not work with one of the hottest apps on the market to reach them.

“Global brand advertising is worth about $1 trillion, so anyone who can tap into that is going to be richly rewarded, said Fisher. “We want Shazam to be that company. There are 5 billion mobile phones in the world, so we are only at 5% of the market opportunity: that’s a lot of growth and development potential.” 

In 2000 the average tenure of a CEO was 10 years. In 2008 it was down to 8 ½, signaling a slightly higher degree of corporate and brand accountability by boards and shareholders. Bet you Ron Johnson, the now former CEO of JCPenney wishes the retailer had a Time Machine Department about now. He only lasted 17 months.

We can'’t imagine that anyone is surprised. The results of his efforts were dismal. Grim. jcp (Mr. Johnson “modernized” the name and logo) lost $552 million in the 4th Quarter, nearly a billion dollars for the year, and sales fell nearly 29% versus a year ago. Oh, and JCPenney shares lost half their value during Mr. Johnson’s tenure. So really, really grim.

Mr. Johnson got rid of sales, instituted low-price guarantees, got rid of brands, got rid of “fake prices,” negotiated for new brands, brought back sales and coupons, planned to redesign stores, and then brought back “fake prices.” None of which worked. To paraphrase Yogi Berra, who apparently knew as much about department store retailing as Mr. Johnson, “if the customers don'’t want to come to the store, you can'’t stop ‘em.” 

A tough business

Nobody would deny that retailing has gotten tougher in the past few years, but equally so, brands have learned that if they can create some degree of emotional engagement (in addition to the rational stuff like Merchandise Range, Fair Pricing Strategies, and Customer Service), they are bound to see positive behavior toward the brand. And yes, it'’s gotten harder for retailers to provide meaningful and engaging differentiation as regards their brands.

But equally so, it'’s axiomatic that if customers behave more positively towards you, you ought to see positive results to your bottom line. But to do that you need to have something that customers can engage with. We won’t go into all the reasons consumers engage with Apple. That would be preaching to the choir. Mr. Johnson apparently thought JCPenney and Apple were on equal planes when it came to emotional engagement, and boy, was he wrong!

Customer engagement

According to our 2013 Customer Loyalty Engagement Index, when it came to Department Stores, overall engagement levels (versus a category Ideal, calculated to be 100%) were pretty close:

Kohl’s: 84%
Macy’s: 82%
Marshall’s: 81%
T.J. Maxx: 80%
Dillard’s/Sears: 79%

But not for JCPenney. Their engagement rating – according to their own customers – was 70%, which is low in any category, but very low in Department Store Retailing.

Anyway, JCPenny announced that Myron Ullman, who had been CEO until Mr. Johnson was brought in will be coming back. In a seven year period when Mr. Ullman was in charge shares were down 15%, so about 2% a year, which is a lot better than 50%. 

Talk about cutting your losses!
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Robert Passikoff is President of Brand Keys, a research consultancy.

Well, it seemed like a good idea at the time. J.C. Penney was a respected brand with millions of loyal customers but, like every company, it was hoping to find a way to jazz up its image and grow a little bit.

So it looked to one of the world's most successful companies -- Apple -- and poached Ron Johnson, who had built Apple's successful chain of retail stores.

Johnson promptly embarked on a drive to rid Penney of its old customers by getting rid of the sales and coupons they had come to expect. He also jettisoned many of the brands and lines of merchandise Penney's customers were accustomed to. Instead he imposed a new pricing strategy no one quite understood and introduced hip new lines of merchandise.

Partly successful

The strategy was at least partly successful. The old customers went away. Angrily. But the new, hip consumers? Judging from the empty stores, they failed to get the message.

"Today I went to the Mall, straight to Penney's. It's been a while since I've been there. I usuallly buy bagfuls of clothes there. First the store was bare. I'm 58 yrs old and all I see is Junior stuff," said Bonnie of Chesapeake, Va., a few days ago, in a ConsumerAffairs posting. "There is no more Worthington, no more St Johns Bay, and the aisles have mannequins with tiny dresses on.

"All I can say is I will never return. The clothes look small, ugly and cheap. What a shame. I'm so sorry the old J.C. Penney's is gone," Bonnie said.

And so, after a stunning quarterly loss of half a billion dollars, the J.C. Penney board undertook a review of its new CEO's innovative policies, and did not like what it saw.

After 17 months of declining sales and punishing losses, the board ousted Johnson and brought back his predecessor, Myron Ullman.

So everything will be fine now? Don't count on it. A lot of damage has been done and hundreds of millions of dollars thrown away. Whether Ullman or anyone else can get J.C. Penney back on its feet is anyone's guess.

Too little, too late

To his credit, Johnson recognized that his strategy was not taking hold but by then it was too late. "It was clear that withdrawing from our promotional model to a more everyday model has been harder than we anticipated," he admitted a few weeks ago.

Johnson embarked on a desperate attempt to turn things around by laying plans to revert to the old pricing policy, a move that brought harsh condemnation from marketing gurus, including branding consultant Robert Passikoff. Writing recently for ConsumerAffairs, Passikoff  put it this way:

"They're going to raise the prices and then -- wait for it -- lower them, figuring that will give them the appearance of having provided consumers with a large discount at a sales event, so it will appear even more special and of greater value to customers. So, all in all, not so fair-and-square and really fake prices. If you are as dumbfounded as we, join the club."

For this part, Ullman said he had not yet worked out what his recovery strategy would be. ""I wouldn't recommend that we go back to the way J.C. Penney was when I left. Things change," he said, according to the Wall Street Journal. But, he added, "There's no reason to try and alienate customers who want to try and shop at J.C. Penney."

Say the word “rosemary.” What does it bring to mind -- the girl that got away, a fragrant food seasoning, a Simon and Garfunkel song? The whole point is -- bringing something to mind.

A new study finds that essential oil of rosemary has an effect on the ability of healthy adults to remember things in the past and even to do things in the future, like taking medication at the right time.

In addition the study, being presented at the British Psychological Society's annual conference, found the improvement in memory had nothing to do with the participants' mood. That suggests a chemical influence was responsible. The researchers think this could improve the everyday lives of people with age-related memory loss.

Lengthy track record

The ties between rosemary and memory and fidelity are well documented. Ancient Egyptians used it in weddings and funeral rituals. Shakespeare knew, too. In "Hamlet," Ophelia points out that rosemary is for “remembrance: pray you, love, remember."

Other studies had already suggested that compounds in rosemary aroma could improve long-term memory and mental arithmetic, by inhibiting enzymes which block normal brain functioning.

"We wanted to build on our previous research that indicated rosemary aroma improved long-term memory and mental arithmetic,” said Dr. Mark Moss, who led the study. "We focused on prospective memory, which involves the ability to remember events that will occur in the future and to remember to complete tasks at particular times [which] is critical for everyday functioning."

Conducting the study

The researchers divided the 66 participants into two groups and asked them to wait in different rooms -- one of which had been scented with rosemary essential oil.

The volunteers then completed a series of memory tests -- such things as hiding objects and finding them again later, or passing a specified object to a researcher at a time which had been specified earlier.

Those assigned to the rosemary-scented room performed better at both types of test. They were also found to have higher levels of 1,8-cineole, a compound found in rosemary oil, in their blood. The compound has previously been shown to influence chemical systems in the body which have an impact on memory.

"These findings may have implications for treating individuals with memory impairments,” said Jemma McCready, a research intern who carried out the study."Remembering when and where to go and for what reasons underpins everything we do, and we all suffer minor failings that can be frustrating and sometimes dangerous. Further research is needed to investigate if this treatment is useful for older adults who have experienced memory decline.”

Is there anything nastier than the common house fly? Not really, when you think about where they hang out.

And, while it's nice that warmer weather is arriving (at least it some parts of the U.S.), the balmier temperatures bring -- that's right -- flies. Dealing with these pests usually means swatters, sprays and other fairly primitive measures.

But now, the USDA’s Agricultural Research Service is working with a virus that can prevent them from reproducing. And, birth control for flies means fewer of them to spread harmful pathogens such as Salmonella or E. coli, which are harbored in animal feces, to human food sources..

How it works

When house flies are infected with the salivary gland hypertrophy virus, researchers have discovered, females stop producing eggs and males no longer mate.

“It’s a way of managing the fly population at the adult level by limiting its ability to reproduce,” said Entomologist Chris Geden of the Mosquito and Fly Unit at ARS’ Center for Medical, Agricultural and Veterinary Entomology (CMAVE).

Researchers are now trying to figure out how to make sure more of the flies exposed to the virus are infected. The normal infection rate is low -- at about 0.5 to 1%.

The CMAVE team has partnered with researchers at the University of Florida and Aarhus University in Denmark to study two populations of house flies -- one in Florida and one in Denmark.

Both teams found that exposure to a combination of infected flies and water produced the highest infection rate: 56% in the Denmark study and 50% in Florida compared with a rate of 37% at a SGHV “hot spot” at a dairy farm in Gilchrist, Florida.

Practical application

“This is not an insecticide. It’s not something you would put out when people are complaining about flies at picnics and expect to get a fast reduction,” Geden told Agricultural Research magazine. “This would be part of an integrated management program in which you would go out early in the year when natural fly populations are just beginning to increase, hit them with the virus to knock down their reproductive ability, and come back 2 to 3 weeks later and do it again.”

This is one of several interventions being explored by scientists at CMAVE in Gainesville.

Last November, Food Safety News reported on another technique being explored by the team -- one involving the use of a chemical that inhibits fly larvae from growing to adulthood.

It's almost over.

According to the Centers for Disease Control and Prevention, influenza-like-illness is below baseline for the first time since early December. Other indicators are declining as well, signaling that the flu season is drawing to a close.

The 2012-2013 flu season kicked off about 4 weeks early, with flu-like illnesses elevated for 15 consecutive weeks, making for a longer-than-average season. For the past 10 seasons, the flu has remained above baseline an average of 12 consecutive weeks with a range of one week to 16 weeks.

Hospitalizations among people 65 years and older with flu-like symptoms were the highest for that age group since record-keeping began during the 2005-2006 season. Seniors accounted for half of all reported hospitalizations. The cumulative influenza-related hospitalization rate across all age groups is

More information about the recent flu season -- and influenza in general -- is available at Flu.gov.

Consumer Concepts is recalling all ROCK-It MAN male enhancement capsules sold between October, 2012, and April, 2013.

Analytical tests conducted by the Food and Drug Administration (FDA) concluded that the products contained hydroxythiohomosildenafil. Hydroxythiohomosildenafil is an analogue of sildenafil and is close in structure to sildenafil and is expected to possess a similar pharmacological and adverse event profile. Sildenafil is the active pharmaceutical ingredient in a FDA approved drug that is used to treat erectile dysfunction (ED) making these products unapproved new drugs.

This undeclared active ingredient poses a threat to consumers because it may interact with nitrates found in some prescription drugs (such as nitroglycerin) and lower blood pressure to dangerous levels. Consumers with diabetes, high blood pressure, high cholesterol or heart disease often take nitrates. ED is a common problem in men with these conditions and they may seek products to enhance sexual performance. Hydroxythiohomosildenafil, like sildenafil, may cause side effects such as headaches and flushing.

Consumer Concepts says it has not received any reports of adverse events related to this recall.

The products are blue capsules individually packaged on a cardboard blister card (1 capsule per blister card) and blister double pack (2 capsules per blister card). They were sold as wholesale in the US to distributors who further distributed them nationwide through internet sales and at retail.

The ROCK-It MAN male enhancement capsules back panel reads "Distributed by Consumer Concepts".

Customers who have these products in their possession should stop using them immediately and contact their physician if they have experienced any problems that may be related to taking this product.

Consumers should return any unused products for a refund of the full purchase price to the retailer from which it was purchased.

Customers can call 310-228-8965 Monday – Friday between the hours of 9am-4pm Central Time for more information.

Bird flu is back in the headlines, with a new strain showing up in China. Should you be concerned? At this point, probably not. But as always, that could be subject to change.

In 2006 the media was full of scary scenarios about bird flu. For example, there were fears of panic and chaos if a strain of avian, or bird, flu spread around the world, creating a pandemic.

Bird flu did kill some people who were infected with it but the disease was fairly isolated and never got close to the pandemic proportions some health officials feared. The virus spreads easily among birds, such as ducks and chickens, and from birds to humans. But to date it has been unable to spread from human to human. Those who were infected with the virus got it from exposure to sick birds.

H7N9

Now there is a new strain of bird flu, called H7N9. For the first time it has shown up in humans, infecting 16 people and killing six of them in China. All of the victims had direct exposure to birds before getting sick.

Health officials in China have carefully monitored more than 100 family members of the victims and so far, not one has gotten sick. That's very good news, since it suggests that like the previous strain of bird flu, H7N9 cannot be spread from human to human.

International health officials are hoping it stays that way. The danger is the possibility that the virus mutates to a form that can be spread among humans. Since other family members of someone with ordinary seasonal flu get sick as much as 30% of the time, a virus that was transmitted from human to human could be very dangerous.

The H7N9 virus is a lot like regular flu, affecting the respiratory system, only it's more severe. Not everyone who gets it dies, but if you are in advanced years or poor health generally, the risks are greater.

All flu can kill

People die from seasonal flu all the time, it just doesn't make news. For example, in the week ending March 23, 2013 the U.S. Centers for Disease Control and Prevention (CDC) reported five children in the U.S. died from the flu. The agency said the proportion of U.S. deaths attributed to pneumonia and influenza was “at the epidemic threshold” that week.

While H7N9 bears watching, it isn't considered a danger at the moment, except for people in China involved in the poultry industry in one form or another. The Chinese government notified the World Health Organization (WHO) last week of the steps it is taking to monitor the situation.

In the U.S. the CDC said it is following the situation in China closely and is coordinating with U.S. and international partners to gather more information for development of a vaccine. CDC said that among the steps it is taking, it is studying the genetic sequencing of the new H7N9 virus and assessing the possible risk in terms of its spread.

Chances are, the next seasonal flu vaccine will contain protections against H7N9. The CDC calls these steps “routine.”

“This is an evolving situation and there is still much to learn,” the agency said in a statement over the weekend. “It is too soon to speculate regarding the significance of these cases/viruses, however, CDC will provide updated information as it becomes available.”

It's also too early to know how similar H7N9 is to previous avian flu strains. The uncertainly is what makes health officials nervous.

What you should do

At the moment, you should worry more about ordinary, seasonal flu than the new strain of bird flu. To date, no cases of H7N9 have shown up outside China. People who work in the poultry industry, however, should probably exercise even greater caution.

H7N9 symptoms are a lot like seasonal flu symptoms, only more severe. They include high fever, cough and respiratory tract infection at the early stage. About a week after the disease begins, patients develop pneumonia and have trouble breathing.

To avoid getting sick with any kind of flu, practice good hand hygiene.