Current Events in May 2013

The fight over "swipe fees" charged to merchants who accept Visa and MasterCard is going into extra rounds. Nineteen large companies have opted out of a proposed settlement that would have ended a long-running class-action case.

Retailers say they pay the highest fees in the world to credit card companies and banks to swipe their cards because of unfair price-fixing within the industry.

Walmart, Costco, Starbucks and Gap are among the large retailers rejecting the settlement, saying it would not stop swipe fees from rising but would block them from challenging future increase.

Despite improvements in the housing market, many homeowners are still having trouble paying their monthly mortgage. The number of foreclosed homes on the market has been steadily falling but some of the recent numbers about loan payments are troubling.

The rate of delinquent home loans rose to 7.25% in the first quarter of the year, an increase of 16 basis points from the previous quarter, according to the Mortgage Bankers Association (MBA). The rate is lower, however, than it was a year ago.

The rate includes mortgage loans that are at least one month behind but does not include any that are in foreclosure. For now, the number of loans in which foreclosure action has started remains low. The share of loans in the foreclosure process was just 3.55% at the end of the first quarter, the lowest it's been since 2008.

Slight increase in late payments

“On a seasonally adjusted basis, the overall delinquency rate increased this quarter, driven by a slight increase in the 30-day delinquency rate,” said Michael Fratantoni, MBA’s VP of Research and Economics. “Normal seasonal patterns are beginning to re-emerge, but as has been true post-crisis, it is still difficult to parse typical seasonal swings from true changes in performance.”

“Over the past 2 1/2 years, they have lost my paperwork four times,” Christine wrote to ConsumerAffairs. “The last time it was 'never received.' I took a video of myself filling out all the pages and mailing it certified at the post office. Two months ago, I received notice from a foreclosure attorney telling me they were going to start the process.”

Mixed messages

Maria, of Perth Amboy, N.J., writes that she too has been trying to hold off foreclosure after she and her husband both lost their jobs. She says she keeps getting inconsistent information from HSBC.

Fratantoni said he is seeing what he calls “substantial improvements” in the overall foreclosure situation. For example, the inventory of foreclosed homes declined in 40 states. That's one reason the overall inventory of homes has fallen and prices have risen lately.

“However, 33 states had increases in foreclosure starts, he said.

Whether this is a blip or a troubling reversal of the recent positive trend will play out in the next few months. Meanwhile, the Center for Responsible Lending and Consumers Union are pushing regulators and lawmakers to take steps to prevent a resurgence of avoidable foreclosures.

Among the proposals is a requirement for lenders to engage in loss mitigation activities to prevent avoidable foreclosures and to refrain from pursuing foreclosure while at the same time processing a request for a loan modification — so-called “dual tracking,” a source of widespread complaints.

The groups say the reforms are needed to prevent a new wave of foreclosures.

In any discussion of healthcare, there's always a lot of emphasis on empowering patients, making patients active participants in their care and keeping patients fully informed of their situation.

But the reality often doesn't live up to these idealistic notions, as demonstrated in a couple of recent studies. One study looked at seriously ill patients undergoing dialysis treatment because of kidney failure and another examined whether patient participation drives up costs.

Optimistic patients

The dialysis study found that seriously ill dialysis patients were more optimistic about their prognosis and their prospects for transplants than were their nephrologists. Further, the study published online by JAMA Internal Medicine found that the nephrologists had rarely  discussed estimates of life expectancy with their patients.

Melissa W. Wachterman, M.D., M.P.H., from Veterans Affairs Boston Health Care System and her colleagues compared patients’ and physicians’ expectations about one- and five-year survival rates and transplant candidacy among 207 patients undergoing hemodialysis, using medical record reviews in some cases and interviews in others.

“Among the 62 interviewed patients, no patients reported that their nephrologist had discussed an estimated life expectancy with them, and the nephrologists reported that they had done so for only two interviewed patients,” the authors found.

The nephrologists reported that “…for 60 percent of patients, they would not provide any estimate of prognosis even if their patient insisted.”

The authors said that patients’ expectations about one-year survival rates are fairly accurate, but that patients over-estimate their long-term survival rates.

Patient participation drives up costs

While patient participation in decision-making may be desirable, another study found it may drive up costs.

The survey of almost 22,000 admitted patients at the University of Chicago Medical Center found patient preference to participate in decision-making concerning their care was associated with a longer length of stay and higher total hospitalization costs, according to a report published online by JAMA Internal Medicine.

Nearly all of the patients indicated they wanted information about their illnesses and treatment options, but just over 70 percent preferred to leave the medical decisions to their physician.

“Preference to participate in medical decision making increased with educational level and with private health insurance,” the authors note. “…patients who preferred to participate in decision making concerning their care had a 0.26-day longer length of stay and $865 higher total hospitalization costs.”

Hyo Jung Tak, Ph.D., and colleagues studied patients hospitalized between July 1, 2003 and August 31, 2011 by asking patients to complete a survey. The survey data were then linked with administrative data, including length of stay and total hospitalization costs.

Heart attack patients

Yet another study found that two-thirds of heart attack patients wanted to play an active role in making decisions about their care.

In a research letter, Harlan M. Krumholz, M.D., S.M., from Yale University School of Medicine and colleagues combined data from two studies of 6,636 patients who were asked about who should make decisions on treatment options.

“More than two-thirds of patients with AMI (acute myocardial infaraction, or heart attack) indicated a preference to play an active role in the decision-making process, and of those, about a quarter preferred that the decision be theirs alone rather than shared with their physician,” the authors found.

“Our findings indicate that physicians who aspire to provide patient-centered care should assess patients’ decision-making preferences by directly asking each patient.”

“Our challenge now is to develop systems that fully respect these preferences and ensure that patients who prefer an active role are given that opportunity,” the authors conclude in their study, published online in JAMA Internal Medicine.

Home prices showed double-digit increases for the month of March, building on the advances posted during February.

According to the S&P Dow Jones Indices for its S&P/Case-Shiller Home Price Indices, the leading measure of U.S. home prices, the 10- and 20-City Composites posted annual increases of 10.3% and 10.9%, respectively, during March.

For the first three months of the year, the 10- and 20-City Composites both posted increases of 1.4%. Charlotte, Los Angeles, Portland, Seattle and Tampa were the five Metropolitan Statistical Areas (MSA) to record their largest month-over-month gains in over seven years. All 20 cities posted positive year-over-year growth. The national composite rose by 1.2% in the first quarter.

“Home prices continued to climb,” said David M. Blitzer, Chairman of the Index Committee at S&P Dow Jones Indices. “Home prices in all 20 cities posted annual gains for the third month in a row. Twelve of the 20 saw prices rise at double-digit annual growth. The National Index and the 10- and 20-City Composites posted their highest annual returns since 2006.

Phoenix does it again

Phoenix again had the largest annual increase at 22.5% followed by San Francisco with 22.2% and Las Vegas with 20.6%. Miami and Tampa, the eastern end of the Sunbelt, were softer, but still had annual gains of 10.7% and 11.8%. The weakest annual price gains were seen in New York (+2.6%), Cleveland (+4.8%) and Boston (+6.7%).

“Other housing market data reported in recent weeks confirm these strong trends: housing starts and permits, sales of new home and existing homes continue to trend higher,” said Blitzer. “At the same time, the larger than usual share of multi-family housing, a large number of homes still in some stage of foreclosure and buying-to-rent by investors suggest that the housing recovery is not complete.”

Recouping losses

As of the first quarter of of this year, average home prices across the U.S. are back at their mid-2003 levels. The National Index was up 1.2% over the fourth quarter of 2012 and 10.2% above the first quarter of 2012.

Average home prices across the nation also were back to their late 2003 levels for both the 10-City and 20-City Composites during March. Measured from their June/July 2006 peaks, the peak-to-current decline for both Composites is approximately 28-29%. The recovery from the March 2012 lows is 10.3% and 10.9% for the 10- and 20-City Composites, respectively.

The number of cities that showed monthly gains increased to 15. Denver, Charlotte, Seattle and Washington entered positive territory; Seattle and Charlotte were the most notable with returns of +3.0% and +2.4%. San Francisco posted the highest month-over-month return of 3.9%.

All 20 cities showed increases on an annual basis for at least three consecutive months. Atlanta, Detroit, Las Vegas, Los Angeles, Miami, Minneapolis, Phoenix, Portland, San Diego, San Francisco, Seattle and Tampa all posted double-digit annual returns. Las Vegas, Phoenix and San Francisco were the three MSAs to increase over 20% in March 2013 over March 2012.  

Things are looking up this month as far as U.S. consumers are concerned

The Conference Board says its Consumer Confidence Index was up for the second time in as many months during May, posting a gain of 7.2 from April -- to 76.2. The May reading surprised economists surveyed by Briefing.com, who were expecting a reading of 72.5.

The Present Situation Index increased to 66.7 from 61.0, while the Expectations Index rose to 82.4 from 74.3 last month.

“Consumer Confidence posted another gain this month and is now at a five-year high (Feb. 2008, Index 76.4),” said Lynn Franco, director of economic indicators at The Conference Board. “Consumers’ assessment of current business and labor-market conditions was more positive and they were considerably more upbeat about future economic and job prospects. Back-to-back monthly gains suggest that consumer confidence is on the mend and may be regaining the traction it lost due to the fiscal cliff, payroll-tax hike, and sequester.”

An upbeat assessment

Consumers saying business conditions currently are “good” increased to 18.8% from 17.5%, while those stating business conditions are “bad” decreased to 26.0% from 27.6%. Their assessment of the labor market was also more positive. Those claiming jobs are “plentiful” increased to 10.8% from 9.7%, while those claiming jobs are “hard to get” edged down to 36.1% from 36.9%.

Consumers were considerably more optimistic about the short-term outlook. Those expecting business conditions to improve over the next six months increased to 19.2% from 17.2%, while those expecting business conditions to worsen decreased to 12.1% from 14.8%.

The outlook for the labor market was also more upbeat. Consumers expecting more jobs in the months ahead improved to 16.8% from 14.3%, while those expecting fewer jobs decreased to 19.7% from 21.8%. The proportion of people expecting their incomes to increase dipped slightly to 16.6% from 16.8%, while those expecting a decrease edged down to 15.3% from 15.9%.

The monthly Consumer Confidence Survey is conducted for The Conference Board by Nielsen, a global provider of information and analytics around what consumers buy and watch. The cutoff date for the preliminary results was May 15.

It won't be long now.

If you haven't already opened your pool for the summer season, you almost certainly will this Memorial Day weekend. But along with all the fun that can bring, it also means a lot of responsibility.

According to the U.S. Consumer Product Safety Commission (CPSC) children younger than age 5 represent more than 75% all pool and spa submersion deaths and 78% of pool and spa submersion injuries in the United States involving children younger than 15 years of age. Black and Hispanic children between the ages of 5 and 14 are at a higher risk of drowning.

Dangerous waters

“Drowning is the leading cause of unintentional death for children between the ages of 1 and 4 and minority children drown in pools at an alarming rate,” said CPSC Chairman Inez Tenenbaum. “The lives of countless children can be saved this summer. Take simple safety steps today -- teach all children to swim, put a fence around all pools, and always watch children in and around the water.”

This year, CPSC’s Pool Safely campaign is focusing its attention on populations most at risk of drowning:

Children between the ages of 1 and 3 represented 67 percent of reported fatalities and 64 percent of injuries.

Black children between the ages of 5 and 19 are six times more likely to drown in pools than white and Hispanic children that age, according to the Centers for Disease Control and Prevention. Data from USA Swimming indicate that 70 percent of African-American children and 62 percent of Hispanic children cannot swim, making them more likely to drown.

The 2013 report on pool or spa submersions shows that each year there are an average 390 pool or spa-related drownings for children younger than 15 with 76% (296) of the victims being younger than 5. Additionally, there are 5,100 pool or spa-related emergency department-treated submersion injuries for children younger than 15 with 78% (4,000) of the injured being younger than 5.

Layers of protection

The key to preventing drowning tragedies is to have layers of protection. This includes placing barriers around your pool to prevent access, using pool alarms, closely supervising your child and being prepared in case of an emergency. Here are some tips to prevent drowning:

• Fences and walls should be at least 4 feet high and installed completely around the pool. Fence gates should be self-closing and self-latching. The latch should be out of a small child's reach.
• If your house forms one side of the barrier to the pool, then doors leading from the house to the pool should be protected with alarms that produce a sound when a door is unexpectedly opened.
• A power safety cover -- a motor-powered barrier that can be placed over the water area -- should be used when the pool is not in use.
• Keep rescue equipment by the pool and be sure a phone is poolside with emergency numbers posted. Knowing cardiopulmonary resuscitation (CPR) can be a lifesaver.
• For above-ground pools, steps and ladders to the pool should be secured and locked, or removed when the pool is not in use.
• If a child is missing, always look in the pool first. Seconds count in preventing death or disability.
• Pool alarms can be used as an added precaution. Underwater pool alarms generally perform better and can be used in conjunction with pool covers. Be sure to include remote alarm receivers so the alarm can be heard inside the house or in other places away from the pool area.

Legal Responsibility

Make no mistake: the pool owner is responsible for what happens in his or her pool. The pool owner has a responsibility to provide a safe environment for children and adults alike and to be pro-active in preventing accidents.

Even if neighborhood children trespass and use your pool without permission, you face ruinous legal action if one of them drowns. A multi-million dollar damage judgment is not something anyone wants to face.

Staying vigilant

“As we head into summer and families across the country are getting ready to take their kids to the pool, we must remind everyone how important it is to keep a careful watch on our children as they swim and ensure that their pools and spas have proper safety equipment,” said U.S. Rep. Debbie Wasserman Schultz, (D-Fla.), at an event hosted by Tenenbaum. “Working together, we can improve the safety of all pools and spas by increasing the use of layers of protection and promoting uninterrupted supervision to prevent child drowning and entrapment.”

“Learning how to swim saves lives,” said Suzy DeFrancis, Chief Public Affairs Officer for the American Red Cross. “The American Red Cross encourages all families to enroll in Learn-to-Swim programs by contacting your local pool.”

Families can learn about Red Cross programs and find water safety tips by going to redcross.org.

Ticketmaster has agreed to settle a suit alleging that customers who enrolled in the ticket service’s “rewards” program shelled out $9 a month and got nothing in return.

Judge Dale Fischer, of the U.S. District Court for the Central District of California, has approved payments totaling up to $23 million.

The settlement covers around a million consumers who enrolled in the rewards program between September 2004 and June 2009. Each class member is eligible to receive up to $30, less than the $75 that the average rewards member lost. The class claims that Ticketmaster made $85 million on the program.

Fully 93% of those who enrolled in the rewards program never took advantage of its purported offers. Ticketmaster denies any wrongdoing, and says it disclosed the monthly fee along with all other terms and conditions.

Settled suits before

The settlement isn’t Ticketmaster’s first rodeo: in 2009, the ticket giant settled a suit brought by the New Jersey attorney general alleging that the company redirected consumers trying to buy Bruce Springsteen tickets to partner site TicketsNow.com, where prices were up to four times higher.

In 2011, the company settled a class action taking issue with its shipping and “order processing” fees. That settlement offered credits to consumers who made a purchase between October 1999 and October 2011.

Ticketmaster has been dubbed “The Most Hated Brand in America,” and has been the target of federal officials including Milgram and former U.S. Attorney General Janet Reno. Reno’s Justice Department led a short-lived antitrust investigation in the 1990s, after iconic ‘90s grunge band Pearl Jam complained about markups that Ticketmaster added to tickets for a concert. Pearl Jam boycotted Ticketmaster until 1996.

AT&T is giving itself a $350 million raise, adding a monthly “administrative fee” of 61 cents to the bills of all its contract wireless lines, retroactive to May 1.

Why? Well, because it can. After all, its customers are under contract so it’s not as though they can get mad and go somewhere else. And besides that, it’s an easier way to boost revenue than going out and finding new customers.

After all, AT&T has about 70 million wireless customers and most of them can afford an extra 61 cents per line per month, so why shouldn’t that money go into AT&T’s pocket. What are the consumers going to do with it anyway?

Next year will be even better for the telecom giant, which has never been shy about adding fees, charges and surcharges to everything it reaches out and touches. When applied to its 70 million customers for all of 2014, the new fee will add up to about $518 million next year.

It’s not even $1 billion but when you’re AT&T, every little bit helps.

The others do it ...

In its defense, AT&T says other carriers have fees too. Verizon Wireless, for example, charges an administrative fee of 90 cents per line and a “regulatory recovery charge” of 16 cents. AT&T has one of those too, of course. It charges about 50 cents per line. Maybe it has more regulations to comply with than Verizon?

AT&T is very particular about its image, of course, so it doesn’t take kindly to people making snarky comments about its fees, fees and more fees. An AT&T spokesperson told the Wall Street Journal that the administrative fee is necessary to cover “certain expenses, such as interconnection and cell-site rents and maintenance.”

Oh well, that explains it then.

For millions of Americans, Memorial Day weekend will be a time for barbecues, family and fun. For some, it will be time to take the cover off the recreational ATV for that first ride of the summer. But it can't be stressed too much that safety is the key to having fun.

According to reports analyzed by the U.S. Consumer Product Safety Commission (CPSC), during the four days of the 2012 Memorial Day weekend, there were at least 14 deaths and an estimated 2,750 emergency room treated injuries associated with ATV usage. That works out to an average of four deaths and 700 injuries each day. Two of the fourteen fatalities during that weekend involved children under age 16.

"As the temperatures rise around Memorial Day, there is also a disturbing rise in ATV-related deaths and injuries," said CPSC Chairman Tenenbaum. "If you plan to ride an ATV this weekend, ride safe, ride smart, and stay alive."

Deadly product

ATVs are the fourth most deadly product CPSC oversees, with more than 700 ATV-related deaths per year.

The agency's most recent annual report of ATV-related deaths and injuries indicates a decrease in the estimated number of ATV-related injuries in 2011. However, the number of estimated injuries per year remains at more than 107,000, with an increase in estimated injuries to children younger than 16 years of age to 29,000. More than half of these injuries were suffered by kids under 12. The report published in February 2013 contains the most recent data available through 2011.

In addition to a spike in reported deaths and estimated injuries associated with the Memorial Day holiday, CPSC staff's analysis of reported ATV-related fatalities from 2005 through 2007 indicates a springtime surge, as well.

During those years, on average, reported fatalities jumped 55 percent from March to April. In these same years, reported deaths peaked in July with an average of 18 children and 85 adults killed in ATV-related incidents.

What to do

ATV riders -- young and old -- can make this holiday weekend and the rest of the riding season safer by following these basic rules of the trail:

• Do not allow children younger than 16 to drive or ride on adult ATVs. Always choose an age-appropriate ATV for your child.
• Never allow a child younger than 6 on an ATV -- either as a driver or passenger.
• Most ATVs are designed for only one person. Do not ride on a single-rider ATV as a passenger or carry a passenger if you are the driver.
• Always wear a helmet and protective gear when riding ATVs.
• Do not drive ATVs on paved roads.
• Take a hands-on safety training course. This is especially important for young or first-time riders.

ROV safety

CPSC also urges drivers and passengers of recreational off-highway vehicles (ROVs) to keep safety in mind during this riding season. Also known as side-by-sides, ROVs have a steering wheel, bench or bucket seats, seatbelts, foot controls and a rollover protective structure (ROPS).

ROVs have been associated with more than 170 deaths over the past 10 years. Rollovers have caused severe injuries and death, even on flat, open terrain.

What to do

ROV drivers and passengers to follow these guidelines:

• Always fasten seat belts before moving the vehicle.
• Never transport passengers who cannot place both feet on the floorboard with their backs against the seat.
• Never carry more passengers than there are seat belts and never carry passengers in cargo beds.
• Never drive an ROV unless you have a valid driver's license.
• Wear a helmet and other protective gear; ensure that your passengers wear theirs.
• Do not drive ROVs on paved roads; ROVs are designed to be operated off-road.
• Drive only in designated areas, at a safe speed, and use care when turning and crossing slopes.
• Keep all parts of your body inside the ROV.

If a person has a food allergy, he can avoid that particular food most times.

And if a certain type of fabric makes someone sneeze or break out, that person will probably do their best to stay away from it.

But what happens when a person is allergic to something that's in her body?

Paula Spurlock can tell you. 

In 2011 Spurlock had her hip replaced and afterwards she started feeling a lot of discomfort.

"I had horrible itching and intense pain throughout my body," she said. "I couldn't take it. Every single thing in me itched."

Spurlock found out that she was extremely allergic to the metal that was used in her hip replacement surgery -- and allergic to the cement that was used to keep her joints in the proper position as well.

"That's the one thing that never occurred to any of us," she said. "No wonder I was miserable."

It's not unusual

Karin Pacheco, MD, an allergist at National Jewish Health in Denver, says what happened to Spurlock happens more often than we think.

"It's huge," she said. "We are an aging society and the number of people who need new joints is going to increase, and for some of these people, they won't know that they're allergic until after the implant is put in. Nine out of 10 people who get implants do great, but 10% don't and they're miserable."

Joshua J. Jacobs, MD., a surgeon and President of the American Academy of Orthopaedic Surgeons (AAOS) says pain and swelling are common reactions if a person is allergic to an implant.

"Metal-on-metal allergy is the cause of clinical symptomatology, such as pain and swelling," he said during a presentation at AAOS's annual meeting. "These allergies present skin reactions such as dermatitis, or patients may have a history of allergy to jewelry. The responses to these allergies can present stiff knees, pseudotumors, necrosis, or unexplained pain." 

Not always noticeable

Dr. Sam Nasser, a professor and researcher from the Department of Orthopedic Surgery and Biomedical Engineering at Wayne State University School of Medicine, wrote that allergic reactions to metal implants aren't always easy to notice.

"For many patients, the metals used in contemporary joint replacement surgery produce little or no reaction from the immune system," he wrote. "In a small but significant percentage of patients, however, a very rapid, T cell-mediated, allergic response may occur. If untreated, this reaction may ultimately lead to implant failure. Diagnosis may be complicated, and no effective treatments are available. Fortunately, alternative materials show great promise."

Any recourse?

So what can a person do if he thinks he's allergic to an implant he received? 

Not much, say researchers, aside from starting all over and having the implant removed and replaced. And if you want to determine if you'll be allergic to an implant before surgery, you'll have to undergo skin testing. But, these results can take several weeks to come back and a specialist is always needed.

So Pacheco along with Vijaya Knight, MD, PhD. created one of the first blood tests that can detect if someone is allergic to nickel -- a common metal used in joint implants. According to statistics, 15% of the U.S. population is allergic to nickel.

Pacheco says using a blood test instead of a skin test isn't only easier but the results come back much faster. Plus, no specialist is needed.

"First of all it's much easier," she said. "You can send the blood in and it will get developed quickly, and you won't need to have somebody available who knows how to do the patch testing. Then, if an allergy is detected, patients could avoid the misery of an allergic reaction by choosing a different implant, and the health care system could save millions of dollars in revision procedures."

Researchers will continue to work on the allergy test for nickel and would like to develop blood tests for similar allergies.

Although the blood test hasn't been approved yet, researchers hope it will be approved and used by a lot of patients in the next two years or so.

The remedy

As for Spurlock, she had the metal in her hip taken out and replaced. And since then things have been fine for her. In addition, she hopes the new blood test will be approved quickly so people won't have to go through what she went through.

"I haven't had any itching or any problems," she said. "It's been wonderful. It's really important that we get that out there, so others can avoid all the things that I went through. It was a very long and miserable year and a-half."

Reuters is reporting that the Federal Trade Commission (FTC) may be in the early stages of another antitrust investigation into Google, this time focusing on the search giant's advertising practices.

The news service quotes unnamed sources as saying that the probe involves Google's 2007 purchase of DoubleClick, a purchase that basically provided Google's full-scale entry into display -- or banner --  advertising, supplementing its contextual text-based ads.

Other advertising companies have been complaining to the FTC that Google uses the leverage it gained with the DoubleClick purchase to push advertisers into using some of its other services.

Google is the No. 1 player in the $15 billion U.S. online display ad market with a 15% share. Facebook is close behind with 14%.

The Reuters report said that the supposed investigation is still in its early stages and Google has not been formally notified or asked to produce any documents.

Google is still enmeshed with European regulators and has reportedly offered to modify its search protocols to satisfy some of their concerns.

Earlier FTC probe

It was just four months ago that the FTC wrapped up a long-running antitrust probe of Google, saying that the "facts just weren't there" to support charges that it used its search dominance to display its products at the expense of other companies.

Pressed by reporters at a news conference, FTC Chairman Jon Leibowitz said that by a 5-0 vote, the bipartisan commission agreed that it had not found evidence that Google search results were purposely biased to unfairly promote its own products.

Leibowitz said the commission had "examined 9 million pages of documents, interviewed numerous industry participants and took sworn testimony of key Google executives." 

Leibowitz conceded that while "some evidence suggested Google was trying to eliminate competition" through changes in the format of its search results and  frequent tweaking of its search algorithms, the commission had concluded that "Google's primary reason for changing the look and feel was to improve the user experience."

"Tellingly, many of Google's rivals engaged in many of the same design changes," Leibowitz noted.

The Federal Communications Commission (FCC) has announced the second release of federal funds to subsidize broadband infrastructure to serve rural areas of the U.S. Acting FCC Chairwoman Mignon Clyburn announced another $485 million is going to the Connect America Fund.

The tax dollars will go to private corporations in the broadband business. In exchange for receiving the money, the companies will provide fixed-line high speed broadband services in areas where it might not make economic sense otherwise. The government is kicking in some money as a way to convince the companies to make the investment.

In rural areas, consumers are few and far between, making it expensive to provide service to them. Many rural consumers get their Internet service through satellite providers or local wireless providers.

15 million still going slow

According to FCC estimates, some 15 million Americans, most of them living in rural areas, lack broadband, creating economic dislocation. Without high-speed Internet, consumers and businesses may find they lack access to jobs, education, and other opportunities.

To show you what broadband services are available at your address, the FCC created this map tool. 

With so much of commerce now online, businesses without broadband are cut off some significant parts of the economy. So are consumers. The Connect America Fund has the aim of making sure broadband access is available to anyone who wants it by the end of the decade.

The money isn't coming from a new tax but from a very old one. During the Great Depression of the 1930s, Congress added a small tax to consumers' telephone bills, called the Universal Service Fund tax, to be used to expand telephone service to rural areas.

Since that need has long been met, the FCC is diverting that money to encourage the build-out of broadband infrastructure. CenturyLink is one of the companies getting the money in this latest phase of the program. It stands to receive $90 million.

CenturyLink subsidy

"CenturyLink and the commission share the same goal of delivering high-speed Internet services to Americans who currently don't have access to them," said Steve Davis, CenturyLink executive vice president for public policy and government relations. "We praise Chairwoman Clyburn for her dedication to communications issues that impact rural Americans and for being a strong proponent that all of the CAF I money left over from the first round be available to rural consumers. Clyburn has been a staunch advocate for consumers and a tireless champion of the economic and educational opportunities that come with broadband."

CenturyLink received $35 million from the Connect America Fund in 2012 to deploy broadband service to 45,000 homes in unserved rural areas. The company said it is also investing hundreds of millions of dollars of its own money to supplement the money from the government.

The FCC says the money for the Connect America Fund is mostly coming from the elimination of waste in the old program, funded by the Universal Service Funds. Through better management, the agency says, it is eliminating wasteful subsidies and targeting them where they are needed most.

The Connect America Fund is a rare Washington initiative that draws support from both Democrats and Republicans. One hundred members of Congress from both sides of the aisle contacted the FCC earlier this year, urging it to speed up distribution of broadband funds.

Some other telecommunications companies have yet to say if they will accept funds. By doing so they would commit themselves to spending a matching amount to carry out the construction. Not all are willing to do that, at least not yet.

It's almost summer so you can pretty much count on the bogus home improvement peddlers, vacation rental and timeshare sharks -- along with an assortment of other ne'er-do-wells -- to be on the prowl.

But you don't have to be a victim. In fact, there are many things you can do to prevent yourself from being taken for a ride.

While New York Attorney General Schneiderman is tasked with looking out for the best interest of Empire Staters, his guide to consumer protection applies to residents across the U.S.A. Most important, he says, “Any consumer who has been victimized by a scam should report it to the authorities immediately so that we can hold wrongdoers accountable.”

Home improvement scams

How many times have you heard this pitch? "I'm painting a house (or a barn or a garage) in the neighborhood. I am paving a driveway (or patching a roof) around the corner. I have material left over and can do yours for next to nothing."

This kind of offer often results in a watered-down stain instead of paint, inferior shingles on half the roof, and a thin smear of blacktop on the driveway. The scammers typically demand a payment upfront and, if they actually finish the job, it probably won't last through the next rainstorm. Their guarantee? Good luck finding them.

Or this one? “"I was passing by and noticed you had some branches down -- your trees really need a trim." Frequently, the branches are down because the scammer broke them off. If hired, they do work on "unexpected problems" that run up exorbitant charges. Scammers have been known to threaten consumers if the extra charges are disputed, and sometimes follow the owners to the bank for cash payments.

When a community has been hit by a series of rainstorms, you can bet the offers for "free basement inspections" will start rolling in. The proffered solution is usually an expensive pump or excavating the foundation to waterproof, when the problem was really clogged gutters or a drain blocked by root growth.

Free chimney inspections is another common pitch that can have the same results. This “money saving coupon” will usually result in a recommendation for a new chimney or a "cleaning" that involves the sweep spreading soot around to make it look as though the work was done.

What to do

• Be suspicious of any unsolicited offer to work on your home. Taking the time to do some research now could save you time and money in the long run.
• Checkout the contractor with the local Better Business Bureau.
• Get references, particularly about jobs completed a while back.
• Use local companies whose addresses you can verify.
• Get more than one written estimate that includes details about the materials to be used.
• Check with your town or city to see if permits are required. Don't let a contractor work without the necessary permits.
• Don't assume the lowest estimate is the best deal. Check the quality of the materials.
• Be clear that you won't pay for any work not included in the estimate, unless it's agreed upon in writing.
• Always be sure the contractor has valid insurance.
• Check with your local Department of Consumer Affairs to see if the contractor is licensed.
• Always report a scam to local law enforcement and the Attorney General's Office.

Vacation scams

Whether you're trying to escape the heat of summer or the chill of winter, finding a good deal on a vacation is considered a big win -- except when the good deal isn't so good.

Here are some common scams, and what you can do to make sure you're not on the short end of the stick.

It's just what you wanted! A cottage overlooking a quiet lake; a beachfront condo; an apartment in the heart of the city. The problem? It doesn't really exist. Especially prevalent on listing sites like Craigslist, consumers are drawn in by a great deal, they pay upfront and arrive to find that no such address exists.

What to do

• Make sure the seller has a valid address and phone number.
• Use a mapping website to verify that the address exists and looks like the photos.
• Ask for references before signing any agreements or making a payment.
• Use verified payment sources such as PayPal or a major credit card, which can be traced in the event something goes wrong.
• NEVER make a payment using a wire transfer service such as Western Union or Money Gram.

Vacation Certificate Scams

You buy a certificate entitling you to deep discounts on flights, hotels or other vacation opportunities. But, if you're paying in advance for a vacation at an unspecified time, the companies may be out of business before you use the voucher, or there are so many restrictions that it is nearly impossible to make reservations. And, use of the certificates is often dependent upon using specific, high-priced facilities that negate any other savings, or the facilities are not the quality they claim to be.

What to do

• Check online review sites (like this one) and the Better Business Bureau for complaints.
• Check out reviews of the facilities available to the certificate users.
• Read the purchase agreement carefully, looking for cancellation policies and making note of blackout dates and other restrictions.

Timeshares and vacation clubs

Although a timeshare or vacation club may be a legitimate enterprise, the marketing techniques frequently involve high-pressure sales that trap people into long term financial commitments they can't afford and may not use.

Firms offer free vacations if you agree to attend a presentation. Or, you're promised "discounts" if you sign up "right now" for a multi-year membership. Frequently, the supposed discounts are cost more than regular offerings, the advantages and protections offered in the pitch are not the same as what's in the contract, and future costs and fees can escalate without notice.

What to do

• Never consider this an "investment." There is little market demand for resale and you will almost certainly lose money on it. In addition, the resale market place is rife with fraud.
• Never sign a contract for a multi-year commitment on the day of the pitch. Take the time to read it carefully, perhaps asking a lawyer to review it.
• Look carefully at how costs can change over the life of the membership or ownership.

Today's concern about rising childhood obesity is not the only time health officials and policymakers have fretted about the fitness of American youth. In the years following World War II, American young people were viewed as soft and out of shape.

The official response was the President's Council on Youth and Fitness, established during the Eisenhower Administration. However, it wasn't until the Kennedy Administration that physical fitness was hammered into the American consciousness as a national goal.

In late 1962, President Kennedy discovered an executive order from Theodore Roosevelt, early in the 20th century, challenging U.S. Marine officers to finish a 50-mile hike in 20 hours. Kennedy sent the document to Commandant of the Marine Corps Gen. David Shoup, suggesting that Shoup bring it up as his own discovery and challenge modern day Marines to duplicate this feat.

But he didn't stop there. The council developed and promoted a curriculum for schools to improve fitness. The council's fitness curriculum was devised with the cooperation of 19 U.S. educational and medical organizations and offered to schools. Very quickly, schools around the nation began providing regularly-scheduled physical education classes for students of all ages.

Baby boomers benefited

Some children in the baby boom generation who were not particularly gifted athletically began to get regular exercise for the first time in their lives as part of their school activities.

According to the John F. Kennedy library, the program produced a measurable improvement in fitness nationwide as well as a shift in public attitudes and wider participation. The work of the council also helped shape the American identity in the 1960s with fitness, vigor, and preparedness, coincidentally, goals of the Kennedy Administration's New Frontier.

Over the following decades, however, physical education fell out of favor with school administrators.

In 2011, the Centers for Disease Control and Prevention (CDC) reported only 29% of high school students surveyed had participated in at least 60 minutes per day of physical activity on all 7 days before the survey. It found that only 31% attended a physical education class daily.

Abolishing recess

Despite the research showing the benefits of a physical education curriculum, the University of Michigan reports only 8.0% of elementary schools, 6.4% of middle schools, and 5.8% of high schools provide daily physical education to all of its students. In addition, 20% of all elementary schools in the U.S. have abolished recess in favor of increased classroom time under pressure to improve student achievement.

With schools under increasing pressure to raise academic test scores, school administrators and government policymakers have been quick to cut back physical education. First Lady Michelle Obama has led a private initiative to encourage young people to exercise, called "Let's Move," but it is not part of a regular school curriculum.

Only six states -- Illinois, Hawaii, Massachusetts, Mississippi, New York and Vermont -- require physical education in every grade, K-12. While 74.5% of states mandate physical education in elementary through high school, the National Association for Sport and Physical Education (NASPE), in a report in December 2012, found most still fail to require a specific amount of instructional time and nearly half allow exemptions, waivers and/or substitutions.

Inadequate physical education policies

"While other studies demonstrate the importance of quality physical education in helping students learn the necessary skills, knowledge and experiences they need to be physically active for a lifetime, the Shape of the Nation Report has been disclosing the inadequacies of physical education policies in this country since 1987," said NASPE President Mary Jo Sariscsany, associate professor, California State University, Northridge.

"It is time to eliminate the loopholes. We urge parents to join our efforts to be more proactive and effective advocates for physical education to ensure that their children's schools and school districts are complying with required state physical education policies," she said.

New research is adding to the pressure to bring physical education back to schools. A recent study by Cornell University researchers found that increasing the amount of time that elementary schoolchildren spent in gym class reduces the probability of obesity.

The research serves as ammunition for the CDC, Institute of Medicine, and the American Academy of Pediatrics, all of which have called for restoring gym class to America's schools. The findings suggest an extra 60 minutes per week of PE time reduces the probability that a fifth-grader is obese by 4.8 percentage points.

"Hey, just calling to confirm you've been approved for your free medical alert equipment," the caller to ConsumerAffairs said the other day. "I just need to set up the installation details with you."

We obviously weren't the only ones to get the call. New York Attorney General Eric T. Schneiderman says his office has received complaints about similar calls, many of them "robocalls," trying to extract billing information from consumers.

The robocall message uses scare tactics to induce consumers to respond to the offer, warning of a “significant rise in the number of senior citizens suffering death and serious life-threatening injuries from a delay in response times for medical emergencies, fires, burglaries or even a simple fall.”

The caller identifies the business as “Senior Medical Alert” or “Senior Medical Advisors” and attempts to obtain consumers' billing information in order to charge those consumers $35 monthly for supposed  “monitoring” services.

“Unfortunately, the elderly are disproportionately targeted by scam artists and are often the victims of fraud and abuse,” Schneiderman said. “To prevent senior citizens from becoming victimized, we must educate them and their loved ones with information they can use to protect themselves.”

Some consumers have reported receiving subsequent, more aggressive and harassing calls from this organization in an attempt to obtain their billing information.

Anyone who receives such a call should simply hang up. Under no circumstances should seniors or anyone else give out credit card or bank account information over the phone without being absolutely certain of the identity of the caller.

Similarly, consumers should not cash checks from unknown persons. The check will almost certainly be fraudulent. 

A diet supplement recommended by a doctor caused thyroid damage that nearly killed him, a Seattle-area man claims in a lawsuit. Curtis Farber says that because of the "Tri-Quench" iodide product, he will have to take thyroid supplements for the rest of his life.

Farber says Dr. Jonathan V. Wright recommended the supplement, claiming it could reverse atherosclerosis, or hardening of the arteries. Instead, Farber claims he suffered "an almost virtual shutdown of typical metabolic functioning" from taking the supplement and almost died.

Farber's suit names Wright, the Tahoma Clinic, the Scientific Botanicals Co. and Wright's wife, Courthouse News reported.  He says Wright sold the supplement for $28 a bottle. Wright's site now offers a one-ounce bottle for $45.

On its website, the Tahoma Clinic describes itself as "Seattle's Holistic Medicine and Wellness Center." It says it "emphasizes the use of natural materials and natural energies for both the prevention and treatment of all health problems not requiring surgical intervention.'

The site also includes an online store where consumers can order the supplements hawked by Wright.

Health claims

"In an effort to sell Tri-Quench, Wright promoted an article he authored in books, on blogs, and other social outlets wherein Wright promoted the use of Saturated Solution of Potassium Iodide ('SSKI') to cure a number of ailments, including atherosclerosis, COPD [congestive obstructive pulmonary disease] and acne," the suit alleges.

Wright says he now must take daily thyroid supplements to address the permanent damage caused to his thyroid by the Tri-Quench.

"Failure to take the daily medications subjects plaintiff to the risk of coma and/or brain damage," the complaint states.

FDA raids

Farber also says in the suit that he was never informed that Wright and his clinic had been "raided by the FDA."

"Curtis was not informed by the marketing machine of defendants that Wright, clinic, and dispensary had a history of raids by the Food and Drug Administration for issues relating to labeling violations, issues relating to misleading consumers, dosage inaccuracies, and prescribing FDA banned substances to consumers," the complaint states.

In May 2004, the FDA sent Scientific Botanicals a warning letter stating that it had found "serious violations" in an analysis of the firm's hydroxy folate supplement. 

"Our analysis of Hydroxy Folate revealed that the actual level of Folic Acid in the product is significantly less than the level listed on the label. The product is labeled to contain 400 mcg or 100% of the Reference Daily Intake per two drops. However, FDA analysis found that it contained less than 55% of the amount declared on the label," the FDA said.

In a response, the company said it had suspended sales of some products and revised the labels on others to satisfy the FDA's objections. 

Summer kicks off the start of travel season. It's a time for family vacations and when singles set out on their own for adventure. With the economy showing signs of improving and increases in the housing and stock markets, this summer's travel season could be a busy one.

A successful trip involves good planning. From working out a schedule to coming up with a budget, planning where you are going, how you will get there and where you will stay will help keep you on track.

Your first step is doing some research and you have come to the right place. ConsumerAffairs has thousands of reviews of businesses involved in all aspects of travel, from airlines, to hotels, to travel agents to rental car agencies. Before booking, check out what your fellow consumers have to say about a particular business.

Democracy rules

If you are traveling with your family, let everyone have a say. The kids will be more on-board with the trip if they have some input on activities and the hotels and restaurants you'll frequent along the way.

If you're traveling by car, find ways to break up the trip with stops. For example, if you are traveling through a particular state, use Internet searches to find interesting things to see along your route.

Before embarking on a long car trip, take your vehicle in for regular service. There's no worse way to start a vacation than to have car trouble about 200 miles from home. Stock the car with emergency equipment and food and beverages to keep the passengers content.

Entertainment on the road can keep the passengers happy too. Games and songs will take you only so far these days, so if the kids have digital devices, make sure they bring them along. There's nothing like a two hour movie to reduce the number of “are we there yet?” inquiries from the back seat.

Document the trip

Encourage everyone to take pictures during the trip, or even write a travel blog about the trip. Just don't post it on a social network site until you get home since you don't want to advertise the fact your home is unattended.

Its easy for some family members to get travel fatigue if they feel they are having to do all the work and assume all the responsibility. Try delegating tasks, letting someone be in charge of navigation, someone else in charge of tracking expenses, and someone else be the official trip photographer. That way you keep everyone engaged.

When traveling with a group space may be at a premium. Keep that in mind when you pack. Buy travel-size toiletries, like toothpaste and shaving cream. If you run out you can always buy more.

Pack just the clothes you think you'll wear, keeping in mind the expected weather conditions at your destination. You can achieve some wardrobe efficiency by choosing items that you can mix and match. Sticking with two or three color schemes will make it easier.

No vacation from health

You need to stay healthy on your trip and one way to do that is to stick to your routine as much as possible. If you're in the habit of walking two miles a day, try to work that into your schedule. Stick to your normal diet as much as possible, even though you're going to be eating in restaurants. When choosing restaurants, look beyond fast food to establishments that serve more healthy meals.

Finally, stay safe. Whether you are traveling along or with a group, staying connected with a smartphone offers a measure of security. Solo travelers should make sure others have your itinerary. When straying from a group, let others know where you are going and how long you will be gone.

Nobody wants to start the summer with a stomach ache -- or worse. But, it probably will happen as people dust off the grill this Memorial Day weekend for the first cookout of the summer.

"When you fire up the grill to cook out this summer, make sure you are extra vigilant in taking the appropriate safe food handling steps to prevent foodborne illness," says Agriculture Department (USDA) Under Secretary for Food Safety Dr. Elisabeth Hagen. "Foods commonly served at cookouts can carry pathogens that can make people sick -- especially those most vulnerable to foodborne illness such as young children, the elderly and pregnant women."

The most popular picnic items, including prepared salads, chicken, hamburgers or hotdogs, are at risk of contamination with foodborne bacteria. USDA's Food Safety and Inspection Service (FSIS) reminds says following four basic food safety steps -- clean, separate, cook and chill -- during all cooking practices can help reduce foodborne illness.

Clean

Begin your cookout with a clean slate -- literally. Wash preparation surface areas with warm soapy water, especially after contact with raw foods. Wash your hands with soap under warm water for 20 seconds before and after handling food. Make sure anyone who helps prepare food wash their hands as well.

Separate

Raw meat and juice from raw meat can contain harmful bacteria. To prevent cross-contamination, keep all raw meats and poultry separate from vegetables and cooked foods. Use different cutting boards and knives to prepare meats and vegetables.

Cook

After you've fired up the grill, remember the most important weapon in your food safety toolbox: the food thermometer. Proper heating temperatures kill foodborne bacteria. Despite what many people believe, color is not a reliable indicator of doneness.

Meat and poultry cooked on a grill often brown quickly and may appear done on the outside, but still may not have reached a safe minimum internal temperature to kill any harmful bacteria. The food thermometer gives you an accurate reading of internal temperature.

Place the thermometer in the thickest part of the meat to take a temperature reading. After reaching proper internal temperature, thick cuts of lamb, beef, and chicken require a three-minute rest time before carving and consuming.

Safe Minimum Internal Temperatures include:

• Hot dogs -- 65 degrees F or until steaming hot,
• Poultry -- 165 degrees F,
• Ground beef and other ground meat -- 160 degrees F,
• Whole cuts of pork, lamb, veal and beef -- 145 degrees F (followed by a three-minute rest time), and
• Fish -- 145 degrees F.

Remember to place cooked meats on a clean platter, not on the dish that held the raw product. The juices left on the plate from raw meat can spread bacteria to safely cooked food.

Chill

The last challenge is keeping hot food hot and cold food cold. Too often, food is left to sit out while guests graze over the course of several hours. Bacteria grow most rapidly between 40 degrees F and 140 degrees F. To keep bacterial growth at bay, keep hot food on the grill and place cold food in a cooler or ice bath. Never let perishable food sit out for more than two hours.

If the temperature is higher than 90 degrees F, food should not sit out more than one hour. Refrigerate or freeze leftovers promptly and discard any food that has been sitting out too long.

Many people -- especially older people -- take glucosamine and chondroitin supplements, hoping they may help relieve arthritis. But a new study finds they may do more than that -- the glucosamine may increase pressure in the eye in patients with glaucoma.

Glaucoma is a condition in which high pressure in the eye -- intraocular pressure [IOP] -- damages the retinal nerve. It's the most common cause of blindness and typically afflicts older people. 

In a research letter, Ryan K. Murphy, D.O., M.A., of the University of New England College of Osteopathic Medicine, Biddeford, Maine, and colleagues examined the relationship between the popular supplments and intraocular pressure, reporting their results in JAMA Ophthalmology.

 The results: glaucoma patients' intraocular pressure went up "significantly" when they started using glucosamine and decreased when they stopped. 

“Many questions are raised by glucosamine supplementation-associated IOP changes. This study shows a reversible effect of those changes, which is reassuring. However, the possibility that permanent damage can result from prolonged use of glucosamine supplementation is not eliminated,” the authors conclude.

What to do

Older consumers and anyone with a history of elevated intraocular pressure should talk to their ophthalmologist before using glucosamine supplements.