Current Events in May 2013

Browse Current Events by year

2013

Browse Current Events by month

Get trending consumer news and recalls

    By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Unsubscribe at any time.

    Thanks for subscribing.

    You have successfully subscribed to our newsletter! Enjoy reading our tips and recommendations.

    Study answers questions about fertility declining as women age

    The findings may lead to new therapies that could extend the child-bearing age for many women

    It's generally accepted that we wear out as we get older and that, in particular, it becomes harder for women to conceive after their mid-30s. But why, exactly? Scientists have come up with a new theory that suggests an approach that might help slow the process and thereby enhance and prolong fertility.

    In the study, supported by funding from the National Institutes of Health and published in Science Translational Medicine, the researchers found that, as women age, their egg cells become riddled with DNA damage and die off because their DNA repair systems wear out.

    Defects in one of the DNA repair genes -- BRCA1 -- have long been linked with breast cancer, and now also appear to cause early menopause.

    “We all know that a woman’s fertility declines in her 40s. This study provides a molecular explanation for why that happens,” said Dr. Susan Taymans, Ph.D., of the Fertility and Infertility Branch of the Eunice Kennedy Shriver National Institute of Child Health and Human Development (NICHD), the NIH institute that funded the study. “Eventually, such insights might help us find ways to improve and extend a woman’s reproductive life.”

    In general, a woman’s ability to conceive and maintain a pregnancy is linked to the number and health of her egg cells. Before a baby girl is born, her ovaries contain her lifetime supply of egg cells until they are more mature. As she enters her late 30s, the number of eggs cells dips precipitously. By the time she reaches her early 50s, her original ovarian supply of about 1 million cells drops virtually to zero.

    Cellular suicide

    Only a small proportion of egg cells, about 500, are released via ovulation during the woman’s reproductive life. The remaining 99.9 percent are eliminated by the woman’s body, primarily through cellular suicide, a normal process that prevents the spread or inheritance of damaged cells.

    The scientists now suspect that most of the aging cells self-destruct because they have accumulated a dangerous type of DNA damage called double-stranded breaks. The researchers found that the activity of four DNA repair genes (BRCA1, MRE11, Rad51 and ATM) declined with age, making it harder for the body to repair the DNA damage. 

    BRCA1 has been closely studied for nearly 20 years because defective versions of it dramatically increase a woman’s risk of breast cancer. The researchers now say that if a woman's egg cells contain mutant versions of BRCA1, she will exhaust her ovarian supply sooner than women whose oocytes carry the healthy version of BRCA1.

    This molecular-level understanding may lead the way to new reproductive therapies that could bolster the DNA repair systems and lead to a longer reproductive life for many women.

    Senior author Kutluk Oktay, M.D., of New York Medical College (NYMC), in Rye and Valhalla, collaborated with colleagues at NYMC and researchers at Istanbul Bilim University, Turkey; Memorial Sloan-Kettering Cancer Center and Weill Medical College of Cornell University, New York; and Yeshiva University, New York.

    It's generally accepted that we wear out as we get older and that, in particular, it becomes harder for women to conceive after their mid-30s. But why, exa...

    Kubota recalls riding mowers

    The fuel tank’s pressure relief valve can malfunction, posing a fire hazard

    Kubota Manufacturing of America of Gainesville, Ga., is recalling about 8,600 ZG100 Series Zero Turn riding mowers.

    The fuel tank’s pressure relief valve can malfunction, causing the tank to expand and rub against the transmission drive belt and drive cooling fan. This can wear a hole in the fuel tank and cause a fuel leak, posing a fire hazard. The firm has received 56 reports of mowers’ fuel tanks leaking. No injuries or property damage have been reported.

    This recall involves orange-colored Kubota ZG100 Series Zero Turn riding mowers with the following model and serial numbers:

    • Model ZG124E with serial numbers between 10002 and 12179,
    • Model ZG123S with serial numbers between 10002 and 12505,
    • Model ZG127E with serial numbers between 10002 and 11574, and
    • Model ZG127S with serial numbers between 10003 and 12959.

    Kubota is printed on the front of the mower and on the side. The model and serial numbers are printed on the data plate on the left part of the frame near the operator’s foot area.

    The mowers, manufactured in the U.S., were sold at authorized Kubota dealers nationwide from December 2012 through April 2013 for between $5,000 and $6,300.

    Consumers should immediately stop using the recalled mowers and contact Kubota for a free repair. Kubota is contacting its customers directly.

    Customers may contact Kubota at (800) 752-0290; from 8:30 a.m. through 4:30 p.m. PT Monday through Friday.

    Kubota Manufacturing of America of Gainesville, Ga., is recalling about 8,600 ZG100 Series Zero Turn riding mowers. The fuel tank’s pressure relief valve...

    Get trending consumer news and recalls

      By entering your email, you agree to sign up for consumer news, tips and giveaways from ConsumerAffairs. Unsubscribe at any time.

      Thanks for subscribing.

      You have successfully subscribed to our newsletter! Enjoy reading our tips and recommendations.

      Privacy, safety questions about Google Glass

      It's not just walking into a glass door you need to worry aboutd

      If it lives up to Google's expectations, Google Glass may turn out to be the next big thing. But besides winning public acceptance, the odd new device has to face some very real hurdles, including possible restrictions by regulatory agencies and, of course, Congress.

      There are also growing warnings that wearing the device may be an invitation to crime, just as smartphones, iPads and laptops are frequent targets of criminals who not only make off with an expensive device but also with quite a bit of the victim's personal information -- a practice known as "Apple-picking."

      On the legislative front, Rep. Joe Barton (R-Texas) and seven other members of the Congressional Bi-Partisan Privacy Caucus are asking Google CEO Larry Page for more information about Google Glass, saying they're concerned about possible misuse of information gathered by consumers wearing the miniature computer.

      “As members of the Congressional Bi-Partisan Privacy Caucus, we are curious whether this new technology could infringe on the privacy of the average American,” the letter says.

      The letter also poses several questions aimed at making sure consumers' rights are protected, including:

      • When using Google Glass, is it true that this product would be able to use Facial Recognition Technology to unveil personal information about whomever and even some inanimate objects that the user is viewing? Would a user be able to request such information? Can a non-user or human subject opt out of this collection of personal data? If so, how? If not, why not?
      • In Google’s privacy policy, it states that the company “may collect device-specific information (such as your hardware model, operating system version, unique device identifiers, and mobile network information including phone number).” Would Google Glass collect any data about the user without the user’s knowledge and consent? If so, why? If not, please explain.
      • Will Google Glass have the capacity to store any data on the device itself? If so, will Google Glass implement some sort of user authentication system to safeguard stored data? If not, why not? If so, please explain.

      The letter asks Page to respond no later than Friday, June 14, 2013. A complete copy of the letter to Google can be found here (pdf).

      Others signing the letter include, Rep. John Barrow (D-GA), Rep. Steve Chabot (R-OH), Rep. Henry C. "Hank" Johnson Jr. (D-GA), Rep. Walter Jones (R-NC), Rep. Richard Nugent (R-FL), Rep. Bobby Rush (D-IL) and Rep. Loretta Sanchez (D-CA).

      Risk of theft

      And then there's the little problem of crime. Google Glass is not exactly something you can hide in your briefcase, backpack or jacket pocket. It sits right there on your face in plain view. 

      It's now quite commonplace for smartphones, iPads and similar devices to be yanked right out of the user's hand by street thugs who roam the subways, cafes and coffee shops. 

      Besides their monetary value, portable computing devices increasingly have a lot of very valuable and sensitive personal information stored on them, or contain code that will connect you to the user's info online.

      It's not hard to foresee this becoming a major problem. While admittedly, Google Glass would capture an image of the crook approaching the victim, that's not likely to be much consolation.

      While companies always assure us they have thought of everything, it often turns out not to be the case, as New York Attorney General Eric Schneiderman has noted in letters to the CEOs of Apple, Google, Microsoft and Samsung, requesting that they make changes to their devices that would make it harder for crooks to wipe out the previous user's info in preparation for selling the loot.

      In New York City alone, a total of 11,447 cases of stolen “iDevices” (iPhones and other iOS devices) were reported to the New York City Police Department (NYPD) between January 1 and September 23, 2012, a rise of 3,280 over 2011, Schneiderman noted.

      “The companies that dominate this industry have a responsibility to their customers to fulfill their promises to ensure safety and security," Schneiderman said. "This is a multi-billion dollar industry that produces some of the most popular and technologically advanced consumer electronic products in the world.  Surely we can work together to find solutions that lead to a reduction in violent street crime targeting consumers.”

      Incidents turn violent

      Schneiderman listed some recent cases of Apple-picking that have turned violent, including:
      • On April 19, 2012, a 26-year-old chef at the Museum of Modern Art was killed for his iPhone on his way home to the Bronx.
      • On April 2012, twenty-year-old Alex Herald was stabbed during an iPhone theft.
      • In September 2012, in three separate incidents, women were violently attacked for Apple and Samsung devices.
      • In February 2013, three people were stabbed on a subway platform in Queens in a fight over an iPhone.
      • Earlier this month, a woman was mugged at gunpoint in Crown Heights for her Android device.

      Several members of Congress have submitted a letter to Google CEO Larry Page (pdf) asking about privacy concerns related to Google Glass and its ...

      More pedestrians getting into accidents with vehicles

      According to statistics thousands of people are killed each year

      Whether you live in a city or suburb, just going for a nice walk can really add to your day. But all too often these days that nice walk turns into a bad accident.

      In 2010 alone 4,280 pedestrians were killed in traffic accidents and 70,000 were injured, according to the National Highway Traffic Safety Administration (NHTSA)

      In 2009, 11 pedestrians died every day in traffic accidents, while 162 pedestrians were injured each day throughout the U.S.

      Engineering flaw?

      Erin Breen, director of the Safe Community Partnership Program at the University of Nevada, told a local news outlet that a lot of U.S. roads are designed for cars to go over the speed limit.

      Breen, who knows a lot about the pedestrian laws in Nevada, says it's difficult for drivers to slow down in certain areas.

      "If you engineer a road to be fast, you can't be surprised that people speed on the road," she said. "We can't look at engineering roads just for cars. We need to engineer roads for all road users."

      Capt. Victor White of the Lakeland, Fla., police department says pedestrians have to take responsibility and make sure they're always aware of what traffic is doing.

      "Always be aware of traffic around you," he said in an informational video. "Don't suddenly leave a curb or other place of safety and walk or run into an oncoming vehicle."

      And pedestrians should always use the crosswalk, no matter how inconvenient it may be to walk there. White says even if there isn't a crosswalk, certain rules should still be followed.

      "If there is no crosswalk in sight, cross the road using a route that is the shortest distance to the opposite side. When crossing a roadway at any point other than a marked crosswalk or at an intersection, you must yield the right of way to all vehicles."

      Paying attention

      Statistics show that out of all the pedestrian accidents in 2010, 1,289   happened because the pedestrian didn't yield, so experts say to always wait for a vehicle to completely pass before you proceed. 

      And turn down the music. Many of us walk around town with our headphones blaring and it's easy to get lost in our own worlds and forget about safety. When using your headphones outside, you should still be able to hear all of the sounds around you; if you can't, the music is too loud. When crossing the street remove yourself from the song you're listening to. 

      You should always look at the crossing signal to find out how long you have left to cross over.

      In addition, texting or talking while crossing the street can be almost as dangerous as texting while you're driving, so put down the smartphone  for a second.

      If there isn't a sidewalk, the Centers for Disease Control and Prevention says you should walk on the shoulder of the street facing traffic. 

      Driver checklist

      And of course there are things drivers should do.

      The folks at the University of North Carolina's Highway Safety Research Center say drivers should immediately slow down anytime they see a crosswalk, whether a person is visible or not.

      In areas where there are a lot of pedestrians, drivers should always be prepared to stop, instead of trying to get through a crowded area quickly.

      And drivers shouldn't only be looking out for people walking at intersections and crosswalks. Experts say drivers should expect pedestrians to be anywhere at any time -- even at places pedestrians really aren't supposed to be.

      It's always smart to scan the area where you're driving and anticipate a person crossing the street or walking on the side of the road.

      Furthermore, drivers should always yield to pedestrians when they're making a right or left turn at intersections, something that's easy to forget when you're in a hurry.

      Being safe on the roads and sidewalks is truly a shared responsibility between the pedestrian and driver and both parties should be patient. But probably the most important thing to remember -- for both the waler and the driver -- is to never assume the other will yield.

      It's always best to let the other person pass first, experts say.

      Whether you live in a city or subsurb or just taking a stroll downtown, going for a nice walk can really add to your day.But what happens ...

      The Trouble With Home Alarms

      Consumers find many home alarms unreliable and expensive

      Home alarm systems have been around a long time but are only beginning to take advantage of the new technologies that can make them more reliable, less expensive and easier to use.

      The traditional home alarm, from companies like ADT, requires running wires all over your house, hooking up to the telephone line and signing a contract that obligates you to pay for the service over a period as long as five years, even if you move away.

      "I was not allowed to cancel my account without a notarized letter. What a scam. This is unfair and unrealistic," said former ADT customer Nancy of Murrieta, Calif., in a posting to ConsumerAffairs. "I paid my bill for over 10 years now. I closed down my business and have to pay $25 to a notary to cancel my alarm service. Unfair and unjust."

      “I started with ADT years ago. When I initially started, they told me it was a 3-year contract. Within a year, I decided to move with my fiance and transfer the service. What they failed to inform me of was when I transfer, it's going to renew my contract and start the 3 years over,” said a South Carolina consumer in another ConsumerAffairs posting.

      There’s also the little matter of what happens to the components of your system when the contract expires, as Brinks customer John of Ft. Worth, Texas, found out.

      “They told me I will own the system but someone from Brinks called me and ask me to key in a code that would disconnect me from their monitoring system. What it did was to disarm my system altogether,” John said. “Now, none of my 4 key fobs do not work, my alarm does not work and my garage door opener does not work. The system will beep each day at the same time until I disconnect the battery.”

      Homeowners who have paid a hefty installation fee, paid for the system components and paid a monthly monitoring charge can at least rest easily, knowing they are protected. Or can they?

      “The system failed to go off, when a prowler was tampering with my window (One of my pets woke me and I called the police). I triggered the alarm manually, but this did nothing to either dissuade the prowler, or to wake my neighbors,” said former Brinks customer Madelyn of Escondido, Calif., in another ConsumerAffairs posting.

      Fortunately, as in so many other industries, digital technology and the Internet are breaking the stranglehold that traditional alarm companies have long had. Newer companies like LifeShield have created systems that are more reliable, more flexible and less expensive.

      First created to solve the problem of traditional hard-wired security systems that were defeatable - LifeShield created a virtually undefeatable system. LifeShield is a security company and not a dealer. You buy direct from LifeShield and save up to 40% per month on your home security with one of the safest security systems and one of the fastest responses.

      With LifeShield, the company provides the monitoring service while you own the equipment and can take it with you if you move or reconfigure it as your needs change. You can add video monitoring, temperature monitoring and other specialized services as your lifestyle requires. See http://www.lifeshield.com/ca/ or call 877-570-4581 to learn more.

      Home alarm systems have been around a long time but are only beginning to take advantage of the new technologies that can make them more reliable, less exp...

      Choosing a new family car

      There are more sizes, styles and safety features in 2013

      Throughout the decades, the family car has gone through quite a few changes. In the 1960s, it was often a station wagon or a sedan the size and weight of a small tank.

      In the 1980s it morphed into the mini-van, a vehicle forever associated with suburban soccer moms. In the 90s it was symbolized by the SUV. Today, it can be a variety of different vehicle types, offering wider choices that meet the different needs of a particular family.

      “Show us 10 families and we’ll suggest a different car for each, but all of those vehicles will score high in areas like safety, roominess, comfort and value,” said Jack R. Nerad, executive editorial director and executive market analyst for Kelley Blue Book’s KBB.com. “Our annual list is aimed at helping families find the right ride and always includes something for everyone, with a special nod to the best of what’s new.”

      Nissan Pathfinder

      Kelley Blue Book names the Nissan Pathfinder as its top choice for a family car. It's classified as an SUV and was chosen for its new design, which is less truck-like and offers a more comfortable ride, easier handling and better gas mileage.

      A Pathfinder carries an average transaction price of nearly $33,000 but can cost more. According to Kelley Blue Book, it should retain 39% of its value after five years of hauling around the kids.

      Cars.com has broken down its list of the best family cars into vehicles for small families and family cars for large families. For small families, its top choice is the Honda CR-V, a small SUV starting at under $24,000.

      The CR-V was cited for its roomy cabin space, versatile cargo area and stylish design. It comes with a 2.4-liter four-cylinder engine and a suspension that provides a smooth ride. For most uses the cargo space is large enough, but it can be expanded significantly by folding down the rear seats.

      Honda Odyssey

      For large families, Cars.com lists the Honda Odyssey mini-van as its top choice, with a $29,400 base price. It has seating for up to eight, making it one of the roomiest vehicles on the list. It also won high marks for its intuitive technology and versatile three rows of seats. It's powered by a 3.5-liter V-6 engine, giving it more than enough juice to handle freeway driving.

      Parenting.com stresses safety as well as style in its best family car picks. It give high marks to the Jeep Compass, which lists at under $20,000. Besides safety, Parenting.com likes the technology on board the Compass.

      Which brings us to features. What optional equipment should you expect to find in a good family car? Some basics include side airbags, anti-lock brakes (ABS) and electronic stability control (ESC).

      Rear view camera

      Many new cars now offer a rear view camera that gives the driver an unfettered view of what's behind the vehicle, displayed on a dashboard monitor. It's also helpful when parallel parking. The cameras are usually mounted on the rear bumper or tailgate.

      These systems also use radar sensors in the rear bumper to detect how close objects are to the vehicle. They typically warn the driver with a sound that gets louder as the rear of the vehicle gets closer to the object.

      The rear view camera is usually part of a package, such as an in-dash navigation system. These systems usually bump up the cost by $2,000 or so but you might be able to get the camera only for as little as $500.

      Third row seating

      Third row seating is also a popular family car option. A third row gives large families more room and allows smaller families the option of spreading out, which can go a long way toward keeping the peace on a long trip.

      Speaking of keeping the kids occupied, an on-board DVD video system in the back seat can keep the little ones entertained while the adults in the front seat can concentrate on the road. These systems generally add $2000 or more to the cost of the vehicle. That has to be measured against the cost of a tablet, which can also provide entertainment on a long trip for a lot less.

      Whatever car you choose, the 2013 model year appears to offer plenty of choices across a wide spectrum of style and price.

      Throughout the decades, the family car has gone through quite a few changes. In the 1960s, it was often a station wagon or a sedan the size and weight of a...

      Music is relaxing, even in the ICU

      Study finds reduced anxiety levels in ICU when patients can listen to music

      Music makes people feel better -- including people unfortunate enough to be in an intensive care unit, according to a new study.

      Researchers found that patients on a ventilator because of respiratory failure were less anxious and needed less sedation when they were able to listen to their favorite music.

      The study, published online by JAMA, is being presented today at the American Thoracic Society international conference.

      In the study, Linda L. Chlan, Ph.D., R.N., of Ohio State University, Columbus, and colleagues conducted a trial using 373 patients from 12 ICUs at five hospitals in the Minneapolis-St. Paul area.

      Patients were organized into three groups -- those listening to music tailored by a music therapist on request; those provided with noise-canceling headphones; and the control group, who received normal care without music.

      The first gorup listened to music for an average of 80 minutes per day; the headphone-only patients wore the noise-abating units for an average of 34 minutes per day.

      Analysis showed that patients in the group that listened to music had an anxiety score that was 19.5 points lower than patients in the usual care group.

      On an average day, the patients who received usual care got five doses of sedatives while patients listening to music got three doses -- a 38% reduction. Results were similar for the noise-canceling headphones.

      “Music provides patients with a comforting and familiar stimulus and the [music] intervention empowers patients in their own anxiety management; it is an inexpensive, easily implemented nonpharmacological intervention that can reduce anxiety, reduce sedative medication exposure, and potentially associated adverse effects," the researcher said. "The PDM patients received less frequent and less intense sedative regimens while reporting decreased anxiety levels.” 

      Music makes people feel better -- including people unfortunate enough to be in an intensive care unit, according to a new study.Researchers found that pa...

      Here comes summer -- and all the problems that too much sun can bring

      Here's how you can protect yourself against sunburn -- and worse

      Just days now until Memorial Day weekend, the unofficial beginning of summer. For a lot of people that means time out in the blazing sun -- for some people, too much sun

      And while almost everyone is aware of skin cancer and the role of sunscreen in helping to prevent it, not everyone pays attention to it the way they should.

      For example, did you know that some sunscreens protect against only the sun's ultraviolet B (UVB) rays and not its ultraviolet A (UVA) rays, which also contribute to skin cancer? That no sunscreen completely blocks UV radiation, and that other protections are needed too? That no sunscreens are waterproof?

      Thought so.

      Well, with the approach of summer, the Food and Drug Administration (FDA) is taking steps to help you protect yourself from the skin damage that can be caused by too much exposure to the sun.

      New sunscreen labels

      FDA's new rules governing sunscreen labeling are in effect for the first time this summer. Using the latest available science, the agency has established testing and labeling requirements, which became final in December 2012.

      One of the most important requirements: Testing and labeling that identifies sunscreens that are "broad spectrum," meaning they offer protection against both UVB and UVA rays. All sunscreen products offer protection against UVB rays, which are the primary cause of sunburn. But both UVB and UVA rays contribute to sun-induced skin cancer and premature skin aging.

      "Based on scientific studies, we have determined that broad spectrum sunscreens with a Sun Protection Factor (SPF) of at least 15 can help reduce the risk of sun-induced skin cancer and premature skin aging when used with sun protective measures, as directed," said Reynold Tan, Ph.D., a scientist in FDA's Division of Nonprescription Regulation Development. "We hope consumers use the information to make good choices."

      Under FDA regulations, products that pass a broad spectrum test can be labeled "broad spectrum" on the front of the product.

      Those that are not broad spectrum or that lack an SPF of at least 15 must now carry a warning: "Skin Cancer/Skin Aging Alert: Spending time in the sun increases your risk of skin cancer and early skin aging. This product has been shown only to help prevent sunburn, not skin cancer or early skin aging."

      And it's now require that if a product's front label makes claims of being water resistant, it must designate whether it's protective for 40 or for 80 minutes while swimming or sweating. Additionally, manufacturers may no longer make claims that their sunscreens are "waterproof" or "sweatproof."

      Products may no longer be identified as "sunblocks" or claim instant protection or protection for more than two hours without reapplying.

      Don't Fry Day

      FDA is supporting "Don't Fry Day," the awareness campaign is sponsored every year on the Friday before Memorial Day by the National Council on Skin Cancer Prevention. The Environmental Protection Agency (EPA) also supports the effort.

      The message is simple:

      • Slip on a shirt.
      • Slop on broad spectrum sunscreen with SPF 15 or higher.
      • Slap on a wide-brimmed hat.
      • Wrap on sunglasses.

      What to do

      Here are some other sun-safety tips from FDA:

      • Apply sunscreen at least 15 minutes before sun exposure.
      • Keep infants under six months out of the sun.
      • Limit sun exposure, particularly between 10 a.m. and 2 pm., when the sun's rays are strongest
      • Maintain caution on overcast days because UV rays can penetrate cloud cover.
      • UV radiation reaches different parts of the Earth at any given time. You can find the strength of solar
      • Reapply sunscreen at least every two hours; more often if you are swimming or sweating.

      Just days now until Memorial Day weekend, the unofficial beginning of summer. For a lot of people that means time out in the blazing sun -- for some people...

      Feds bust alleged real estate kickback scheme

      Prosecuters say payments to a Texas homebuilder were funneled through sham mortgage companies

      A Texas homebuilder who allegedly received kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company has been put out of business.

      The Consumer Financial Protection Bureau (CFPB) has ordered Paul Taylor to surrender more than $100,000 in ill-gotten gains and he is prohibiting him from engaging in future real estate settlement services -- including mortgage origination.

      “Kickbacks harm consumers by hampering fair market competition and by unnecessarily increasing the costs of getting a mortgage,” said CFPB Director Richard Cordray. “The CFPB will continue to take action against schemes designed to let service providers profit through unscrupulous and illegal business practices.”

      Sham companies

      Taylor, CFPB says, received illegal referral fees through partnerships with Benchmark Bank and Willow Bend. He and the bank created and jointly owned Stratford Mortgage Services, LC, which claimed to be a mortgage originator. Similarly, Taylor and Willow Bend created and jointly owned PTH Mortgage Company. In reality both entities were shams designed to allow Taylor to receive the kickbacks.

      His homebuilding company, Paul Taylor Homes, then referred mortgage origination business to the sham entities. However, the work was actually performed by the Bank and Willow Bend. The kickbacks were passed through the sham entities back to Taylor through profit distributions and as a payment through a “service agreement.”

      Settlement terms

      The settlement resolves violations of the Real Estate Settlement Procedures Act (RESPA), which prohibits giving and receiving kickbacks for services involving federally related mortgages. Kickbacks can hurt competition when customers are redirected from law-abiding businesses and can raise prices for consumers by inflating the costs of real estate settlement. The CFPB has the authority to enforce RESPA.

      Under the terms of the settlement, Taylor will pay $118,194.20, the full amount of money he received since early 2010 from the kickback schemes. The payment will be deposited in the United States Treasury.

      The CFPB became aware of Taylor’s conduct related to Benchmark Bank and Stratford through a referral from the Federal Deposit Insurance Corporation, which fined Benchmark for its role in the RESPA violations.  

      A Texas homebuilder who received kickbacks for referring mortgage origination business to Benchmark Bank and to Willow Bend Mortgage Company has been put o...

      New York fish company accused of operating in unsanitary conditions

      Feds want to put a stop to it

      A company that processes smoked and cured fish products, including salmon and mackerel, is accused of doing so under unsanitary conditions, causing the products to become adulterated.

      At the request of the U.S. Food and Drug Administration (FDA), the Justice Department has asked the U.S. District Court for the Eastern District of New York for an injunction against New York City Fish and several key employees. The idea is to keep them from distributing these products into interstate commerce until they comply with the requirements of the Federal Food Drug and Cosmetic Act (Act).

      “These companies have ignored previous warnings by the FDA and have continued to produce and distribute products in violation of federal law,” said Melinda Plaisier, the FDA’s acting associate commissioner for regulatory affairs. “This lawsuit shows that the FDA will aim to protect public health by seeking enforcement action against companies that are identified as violating federal requirements.”

      Inspection failures

      The government’s complaint contends that the FDA has conducted a total of seven inspections between 2006-2013, and, during six of these inspections, inspectors collected samples that were later revealed to have Listeria monocytogenes (”L. mono”). L. mono is the bacterium that causes the disease Listeriosis, which can be serious, even fatal, for vulnerable groups such as unborn babies, newborns and those with impaired immune systems.

      Inspectors also found the New York Fish repeatedly failed to: have and implement a Hazard Analysis Critical Control Point (HACCP) plan for their seafood products; verify required records in a timely manner; and implement required corrective actions.

      Seafood product manufacturers are required to have and implement a HACCP plan for each of its locations that address each process and kind of product processed at the facility and associated food safety hazards that are reasonably likely to occur.

      The company's products are sold to stores in Maryland, Massachusetts, Pennsylvania and New Jersey.  

      A company that processes smoked and cured fish products, including salmon and mackerel, is accused of doing so under unsanitary conditions, causing the pr...

      Water is becoming a more precious resource

      As the population grows, there is less of the once-plentiful liquid to go around

      Viewed from space, Earth appears to be a watery planet and in fact it is, with water covering 70% of the planet's surface.

      But in a cruel irony, most of the water is not the kind people or animals can drink. We require fresh water, which makes up only about 1% of the earth's water, while the vast oceans are filled with undrinkable salt water.

      For most of our existence it hasn't been an issue. But in recent years, rapid population growth has begun to place a severe strain on water supplies – more severe in some areas than others.

      For example, the arid Middle East, with plentiful supplies of oil, has always had difficulty finding enough fresh water. Saudi Arabia has spent billions trying to develop new water supplies.

      More people, less water

      In the U.S., water has always been a hot issue in the arid Southwest but is lately become a growing concern in a broader swath of the countrym, as a rapidly-growing population has placed increasing demands on reservoirs and aquifers.

      Policymakers have launched campaigns in recent years to encourage people to think more about the water they use. The United Nations has designated 2013 the International Year of Water Cooperation, with a number of water-focused projects around the globe.

      The Environmental Protection Agency (EPA) has begun efforts to manage the supply of drinkable water in the U.S. It is focusing mainly on homes, which use more than half of the country's publicly supplied water. According to the EPA a family of four can use approximately 400 gallons of water every day.

      Widespread shortages

      With water use increasing every year, many regions of the U.S. are starting to feel the pressure. During especially hot, dry stretches some areas have actually experienced shortages. According to EPA, nearly every region of the country has experienced water shortages at one point during the last five years.

      At least 36 states are anticipating local, regional, or statewide water shortages at some point this year, even under non-drought conditions. To help American homes and business make more efficient use of their water, EPA developed WaterSense, a program to encourage development and use of water-efficient products.

      Qualifying products bear the WaterSense label and are vetted by independent third party certification. Examples are low-flow shower heads and toilets that are designed to use much less water per flush.

      Most cities get their water supplies from rivers, reservoirs or underground aquifers. The first two are replenished by rainfall, the last by underground streams.

      While rainfall tends to remain fairly constant, the populations in these areas have been growing. More people means more demand for water.

      Dry southwest

      This has been a particularly thorny problem in the southwestern U.S., which tends to be dry anyway, but suffered a significant drought over the last two summers.

      States like California, Texas and New Mexico continue to struggle to meet water demand. Some municipalities have to import water from other areas, an expensive proposition.

      In Texas, the director of the state Water Development Board predicts the water shortage could ding Texas' booming economy by $12 billion a year. A lack of water, he says, translates into lost agriculture, manufacturing and employment.

      What to do

      Policymakers stress that consumers can take simple steps to relieve some of the pressure on the nation's water supplies, but it requires some changes in behavior.

      A dripping faucet is not only annoying but wastes gallons of water. When you have a leak, get it fixed.

      Half of all water use in the average home takes place in the bathroom. Showers use less water than baths. Remember to turn off the tap when shaving or brushing your teeth.

      When cleaning up in the kitchen, use your dishwasher if you have one. It will consume less water than washing dishes by hand.

      When doing laundry, don't start a wash until you have a full load.  

      Viewed from space, Earth appears to be a watery planet. In fact it is, with water covering 70% of the planet's surface.But in a cruel irony, most of the...

      Cheap airfares may be harder to come by this summer

      More people are traveling and fewer seats are available

      From all indications, an improving economy will prompt more people to travel this summer. That means more competition for the best seats and the best fares.

      Consumers who want to save money will have to be more creative and perhaps work a little harder. That means building travel plans around the cheapest days and times to fly.

      It's no secret that Tuesday afternoon is the cheapest time to fly, for some reason. Wednesday and Saturday are also cheap days. If you can plan to come and go on those days, you have a better chance of flying for less.

      Fly into large airports

      Flights to bigger airports are generally cheaper than flying to a smaller airport. If the airline you are using has a hub at the airport, so much the better. It will often be cost effective to fly to a major city and rent a car to drive to your final destination, especially if you had planned to rent a car anyway.

      Most of us prefer a direct flight to our destination but non-stops are becoming a very rare thing these days. Opting for a flight that makes a couple of stops, even traveling hundreds of miles out of your way, can save money.

      Most of the time it will pay to book as far in advance as possible. But sometimes the price will drop as the departure date approaches. Discount travel site Hotwire.com recently launched TripWatcher.com, a new stand-alone site offering real-time alerts for airfare price drops. It covers thousands of flight routes in the U.S. every day. A tool like that can help you stay on top of unadvertised deals.

      Trip Watcher

      "We've all experienced it, we look and look for low fares and the day we decide to take a rest, we hear about a lower-priced ticket after it's already gone, said Clem Bason, president of the Hotwire Group.

      "So a couple of years ago, Hotwire developed the Trip Watcher tool to alleviate some of the guess work from getting a great deal," "The tool quickly gained popularity, and we realized it was an increasingly valuable resource, which is why we decided to launch Trip Watcher as a separate, more sophisticated, flexible and fast-performing site."

      In a trend being adopted by a growing number of businesses, a consumer can be notified of the deal through social media, such as Twitter or Facebook, as well as traditional email.

      One of the reasons low fares are harder to find is the shrinking capacity of domestic airlines. When carriers struggled financially during the last decade, one response was to eliminate flights.

      Advantage, airlines

      That move helped control costs and it further shifted the supply and demand equation in favor of the airlines. Now, passengers have fewer flights to choose from and must compete for empty seats on the flights that remain. That returns a lot of the pricing power to the airlines.

      Because they are selling fewer seats, however, the airlines have had to look for new ways to be profitable. Over the last few years they've helped their bottom lines by adding fees for checked bags and other courtesies that were provided at no charge in the past.

      In spite of that consumers seem to have come to terms with fewer flights, crowded cabins and numerous fees. J.D. Power & Associates reports customer satisfaction with airlines has reached its highest level since 2006.

      The study looks at passenger satisfaction with North American airlines based on performance in seven factors: cost & fees; in-flight services; boarding/deplaning/baggage; flight crew; aircraft; check-in; and reservation.

      Less dissatisfaction with fees

      Costs and fees continue to be the biggest source of passenger dissatisfaction, according to the study. But the dissatisfaction appeared to be less this year than last.

      "Charging for bags still has a pronounced negative impact on passenger satisfaction, but with each year, passengers are increasingly more accepting of carriers unbundling baggage and other fees," said Ramez Faza, senior manager of the travel practice at J.D. Power & Associates.

      So where is the increase in satisfaction with airlines coming from? Maybe from technology. Thirty-six percent of passengers check in to their flights online, and 15 percent use a mobile device—more than double the six percent who used mobile devices two years ago.

      The addition of Wi-Fi on more flights is also enhancing the passenger experience. Overall satisfaction among passengers who use Wi-Fi during their flight is 39 points higher than among those who don't use it.

      From all indications, an improving economy will prompt more people to travel this summer. That means more competition for the best seats and the best fares...

      Will the new healthcare law raise hospital use and costs?

      One study says it didn't happen in a state that implemented its own version

      It's been more than three years since the Patient Protection and Affordable Care Act, also known as Obamacare, was signed into law, and nearly a year since it was upheld by the Supreme Court and still the debate rages: “Will it increase costs or won't it?”

      In 2006, Massachusetts reformed its healthcare system and, according to data presented at the American Heart Association's Quality of Care and Outcomes Research Scientific Sessions 2013, there was no substantial increase in hospital use or costs. The reforms increased the number of people insured by 300,000.

      And, the findings were true even among safety-net hospitals, which often have an open-door policy to accept patients regardless of the ability to pay. These hospitals are most likely to care for people who need free services, use Medicaid or must pay their own hospital bills.

      Little difference

      "In light of the Affordable Healthcare Act, we wanted to validate concerns that insurance reform would lead to dramatic increases in healthcare use and costs," said Amresh D. Hanchate, Ph.D., the study's lead author, an economist at the V.A. Boston Healthcare System and assistant professor at Boston University School of Medicine. "We were surprised to find little impact on healthcare use. Changes we saw in Massachusetts are very similar to those we saw in New Jersey, New York and Pennsylvania — states without reform."

      The study analyzed information on more than 2.6 million patients ages 18-64 discharged from 66 short-term acute care hospitals in Massachusetts in 2004-2010.

      Prior to reform, in 2004-2006, the number of average quarterly admissions for each hospital was 1,502. After reform, in 2008 -2010, the average was 1,557 -- a 3.6% increase versus a 3.3% increase in the comparison states.

      Further findings

      The researchers also found:

      • The total days of inpatient care increased by 0.94% in Massachusetts, compared with 0.80% in the comparison states.
      • Hospital charges per quarter rose 1.1% more in Massachusetts than in the comparison states.
      • Hospital use increased among previously high uninsured groups; the number of hospitalizations increased by 2.8% among blacks and by 4.5% among Hispanics.
      • The results were similar to those of safety-net hospitals and Medicare patients.

      "These results are more applicable for states similar to Massachusetts in terms of the current healthcare system and government policy," Hanchate said. "Because states vary a lot, it's hard to say how this would compare for the rest of the country."

      Further study is needed to determine if the delivery of services changed, including whether inpatient services being moved to an outpatient setting, he said.

      It's been more than three years since the Patient Protection and Affordable Care Act, also known as Obamacare, was signed into law, and still the debate ra...

      Airline flights are likely to be crowded this summer

      An airline group expects record numbers of customers to fly internationally

      Have you booked your airline yet for your summer vacation? If not, it's probably a good idea to do it sooner rather than later.

      Airlines for America (A4A), the industry trade organization is forecasting that more people will fly this summer than a year ago -- and that a record number of those passengers will fly internationally. A4A expects U.S. airlines will carry close to 209 million passengers globally from June through August -- a 1% jump from the same period in last year. That includes 27 million international passengers, a record number for U.S. airlines.

      This would be the largest summer volume for U.S. airlines since 2008, when more than 210 million traveled. The all-time high was summer 2007, when U.S. Airlines carried more than 217 million people. When you book, keep in mind that A4A expects the busiest travel days to be Thursdays and Fridays between the middle of June and the first week of August.

      The cost of flying

      A4A attributes the increase to rising household net worth and corporate profits, strong airline operational performance and recent relief in energy prices. Data released by the U.S. Bureau of Transportation Statistics (BTS) indicate that airfares remain a bargain, with the average inflation-adjusted domestic airfare (including taxes) down 0.2% to $374 in the fourth quarter of 2012, compared with the average fare of $375 in the fourth quarter of 2011. BTS further reported that since 1995 inflation-adjusted domestic airfares have declined 13.1% versus a 49.6% increase in overall consumer prices.

      “As we enter the peak summer travel season, Airlines for America expects U.S. airlines to see modest year-over-year growth in both domestic and international travel, including an all-time high for passengers traveling internationally,” said A4A Vice President and Chief Economist John Heimlich. “It’s a great time to fly as airfares remain a bargain and airlines are delivering strong on-time performance.”

      But, the improving economy cuts both ways. As ConsumerAffairs recently reported, more people flying means more competition for cheap fares. And that could make them hard to find.

      Have you booked your airline yet for your summer vacation? If not, it's probably a good idea to do it sooner rather than later. Airlines for America (A4A)...

      Thinking about relocating after retirement? Here's some advice

      It's not always easy to decide whether to stay or move after retiring, but planning is the key

      When folks get near retirement age, some consider whether they should move to another state or stay where they are.

      Those who decide to relocate may want to know how to go about it.

      "Certainly the main things to consider as far as I'm concerned is weather," said Arthur Gladstone in an interview with ConsumerAffairs. Gladstone is the president of the Lakes of Environ Condominium Association, an adult community in Southern Florida.

      "Number two would be an ambiance that would suit them in terms of the people they're moving in with and the area that they're going to live in and whether or not they can afford it. There are a number of factors I think that would have to be taken into account," he said.

      Numerous considerations

      But it's not just weather and ambiance that folks will have to consider when they're thinking about retiring in another state. 

      Access to medical care, learning what the local crime rates are, how much the overall cost of living is and what the state and local taxes will look like should be researched too.

       According to research conducted by the Tax Foundation, a nonprofit based in Washington D.C., and CCH, a company that provides tax assistance and builds tax related software, the 10 states that impose the lowest taxes on retirees are: Alaska, Nevada, Wyoming, Mississippi, Georgia, Alabama, South Carolina, Louisiana, Delaware and Pennsylvania.

      Simply put, some states just aren't good for people to retire in so they should look elsewhere, said Andrew Tignanelli, president of The Financial Consulate, based in Hunt Valley, Md.

      "We often talk to our clients and in seminars about getting out of Maryland which is a high cost-of-living and a high-tax state for retirees," said Tignanelli in an interview with the Wall Street Journal.

      In addition to researching local and state taxes, people should visit a new state at least once a month before deciding to move there after retirement. Renting before buying is another great way to learn an area, experts say.

      And requesting information from the Chamber of Commerce about property and sales tax differences is another smart move.

      Based on advice from the Professional Educators Benefits Company, a which provides financial services for people in the educational community, moving to another state should be a very slow process, not a fast one.

      Easy does it

      The company says you should avoid moving after a dramatic change in your life, because too much change at once could be overwhelming. So if you've just lost your spouse or just sold your home for example, you may want to put off moving for a while. 

      As far as your medical and dental needs, it's essential to verify that your health insurance policy or your Medigap plan will be accepted where you're moving.

      And what are some of the best ways to meet new people once you do move to a new state after retirement?

      It's always best to seek out communities that offer a lot of activities and social clubs, as experts say it's the best way to meet a lot of people in one fell swoop.

      Being active in your local community is another good move, especially for those people who are used to being busy. Not only will attending community meetings allow you to make new friends, it will allow you to stay involved in any future changes in the community.  

      Don't forget family

      In addition, many retirees like to go visit their families on occasion, so it's good to keep in mind how easy it will be to get where your loved ones are.

      "Another thing that's very important, that I'm becoming more and more aware of as the years go by, is that a lot of people wind up going back to where their family is, even if it's not a retirement area," said Gladstone. "Either on a regular basis like for the summertime or to visit. Or when they get to the point when they can no longer be alone, like when they lose their spouse for example.

      "The kids come and collect them and take them back north so that their with the bulk of their family and finish out their years that way. So that's something else to be considered," he said.

      In other words, nothing lasts forever so plan accordingly.

      When folks get near retirement age, some consider whether they should move to another state after working or stay where they are.For those who decide to re...

      Starting over after bankruptcy

      If you have a plan, you can put your financial life back together

      Since the Great Recession millions of Americans have found themselves in dire financial straits. While filing bankruptcy is often the last resort, many have been left with no other choice.

      Bankruptcy can be a devastating move, both financially and psychologically. You are unable to borrow money or use a credit card. Your credit score may be lower than your age. But there is life after bankruptcy.

      Once your bankruptcy has been discharged by a court you are able to begin rebuilding your financial life, and you should waste no time in doing so. A first step is to establish, or re-establish, a bank relationship.

      Checking and savings accounts

      Choose a local bank or credit union and open a checking and savings account, just as soon as you have money to deposit in them. Be sure to compare fees and talk to friends and family members about banks they use.

      Next, get a secured credit card. You'll have to put some money in an account to secure your purchases. In that way it works much like a debit card. The difference is the bank reports your payments to the credit bureaus -- that helps raise your credit score.

      Apply for a gasoline credit card or a department store charge card. After you've used your secured credit card for a few months, it shouldn't be a problem. When you make a purchase with the card, be sure to pay off the entire balance the following month.

      Pay your bills on time

      Make sure you pay your bills on time. This is one of the biggest contributors to a good credit score and it costs you nothing. All you have to do is be organized and don't buy anything you can't pay for at the end of the month.

      Pull your credit reports and dispute any incorrect information you find on them. After filing bankruptcy, there may be some erroneous or out of date data.

      Mindy, of Beaverton, Mich., says her Chapter 7 bankruptcy discharge order was dated December 2011 but months later, TransUnion still didn't have it in her credit report.

      "While Experian and Equifax are raising my credit scores due to paid off 'credit rebuilding' unsecured loans and charged off accounts due to the correctly reported bankruptcy discharge, TransUnion is reporting a Chapter 13 ongoing bankruptcy, delinquent accounts and claims the federal government never reported the Chapter 7 Bankruptcy discharge to them," Mindy wrote in a ConsumerAffairs post. "Odd, considering the other two agencies seemed to receive it just fine and dandy."

      Buying a home

      When you can, start building a small savings account. You'll need to adopt budget discipline and be very careful with your money. It won't be long before you'll even be able to think about purchasing a home.

      According to the National Association of Realtors (NAR), 24 months after your bankruptcy has been discharged is the ideal time to apply for a mortgage. By then, if you have worked to re-establish your credit, you may be able to secure a loan at a competitive interest rate. A lower interest rates means a lower monthly payment so it pays to wait until you can get a better rate.

      As you begin the process of financial recovery it may be useful to honestly examine what led you into bankruptcy in the first place. For some it was an unforeseen medical emergency that hit them with massive hospital bills. But if your bankruptcy stemmed from years of acquiring unmanageable debt, consider adopting a disciplined budget process as your first step toward restoring financial health.

      That doesn't mean giving up all sources of credit. In fact, you'll need to acquire credit as part of the process of rebuilding your credit score.

      It just means using credit differently than you did in the past and not letting balances accumulate. With some work, planning and patience, there is financial life after bankruptcy.

      Since the Great Recession millions of Americans have found themselves in dire financial straits. While filing bankruptcy is often the last resort, many hav...

      Gas prices rising as crude prices, tight supplies put pressure on retailers

      More increases likely if wholesale costs remain high

      Gas prices are drifting up again. Today's national average price for a gallon of regular unleaded gasoline is $3.61 -- five cents more than a week ago. National average prices have been rising steadily over the last few weeks.

      Gas prices at this time last year were falling consistently and would eventually decline 82 out of 87 days for a total of 61 cents from April 6 to July 2, AAA notes. By comparison, the national average this year has increased for 12 straight days to the highest price in more than a month. 

      The recent trend of higher prices at the pump has been nearly universal with only motorists in West Virginia and Ohio paying less at the pump than a week ago, according to the AAA Fuel Gauge Report. Six states (Ore., Minn., Wash., Okla., Neb. and Iowa) have seen prices surge by more than 20 cents and 13 states have seen prices jump by at least a dime.

      While higher crude oil prices have put upward pressure on retail gasoline prices across the country, it has been tight supplies and refinery maintenance - both planned and unplanned - in the Midwest and West Coast that have pushed prices substantially higher for drivers in those regions.

      Gas prices are drifting up again. Today's national average price for a gallon of regular unleaded gasoline is $3.61 -- five cents more than a week ago. Nat...