Current Events in May 2013

Chrysler Group is recalling 498 model year 2013 RAM 1500 trucks manufactured June 25, 2012, through December 12, 2012.

The coolant bypass valve in the affected vehicles may stick in a position that does not allow coolant to flow into the heater core. Thus, these vehicles fail to conform to the requirements of Federal Vehicle Motor Safety Standard (FMVSS) No. 103, "Windshield Defrosting and Defogging Systems."

Without a properly working windshield defrosting system, a buildup of moisture or ice could limit the driver's ability to see, increasing the risk of a crash.

Chrysler will notify owners, and dealers will replace replace the suspect coolant valves along with an updated calibration, free of charge. The recall is expected to begin in June 2013.

Owners may contact Chrysler at 1-800-247-9753. Chrysler's recall campaign number is N25.

How would you like to be able to select only the channels you want when you sign up for cable or satellite TV service? Under a bill introduced by Sen. John McCain (R-Ariz.), you would be able to do exactly that. No more shopping, kid or other channels that you never watch.

According to McCain, his Television Consumer Freedom Act of 2013, would give consumers the ability to buy cable channels individually -- also known as “a la carte” -- giving them more control over their viewing options and, as a result, their monthly cable bill.

Three objectives

In a floor speech in which he introduced his plan, McCain said the bill has three major objectives:

• encourage the wholesale and retail ‘unbundling’ of programming by distributors and programmers;
• establish consequences if broadcasters choose to ‘downgrade’ their over-the-air service; and
• eliminate the sports blackout rule for events held in publicly-financed stadiums.

Take it or leave it

McCain says the take it or leave it policy of the video industry, principally cable companies and satellite companies and the programmers that sell channels, “is unfair and wrong -- especially when you consider how the regulatory deck is stacked in favor of industry and against the American consumer.”

This becomes clear, he said, when considering how cable prices have gone up over the last 15 years. According to the Federal Communications Commission, the average monthly price of expanded basic service for all communities surveyed increased 5.4% over 12 months ending January 1, 2011 -- to $54.46. Over the same period, the Consumer Price Index has gone up 1.6%.

In the last 15 years, the price of expanded basic cable has gone up at a compound average annual growth rate of 6.1%. That works out to an average annual cable price increase from about $25 a month in 1995, to over $54 today -- a 100% price increase.

A stop sign

McCain says his bill would knock down the regulatory barriers to a la carte by freeing-up multichannel video programming distributors -- cable, satellite and others offering video services -- to offer any video programming service on an a la carte basis. If a cable operator doesn’t want to carry channels like MTV, it would have the option of not doing so and only buying, and carrying, the channels it thinks its consumers want to watch.

Another area the bill addresses is “sports blackout” rules that can limit the ability of subscribers to see sporting events when they take place in their local community but are not broadcast on a local station. The bill would repeal these rules insofar as they apply to events taking place in taxpayer-financed venues and/or involve a publicly financed local sports team.

“It’s time for us to help shift the landscape,” McClain concludes, “to benefit television consumers.”

So, are electric and hybrid cars the next big thing or are they doomed to be the playthings of affluent gadgeteers and green consumers? As with many things, it depends what dataset you want to look at.

Look at the conflicting evidence from just the last few days:

• Tesla amazed its critics, reporting a first-quarter profit of $11 million and upped its sales projections to 21,000 for the year;
• Perhaps even more amazing, Consumer Reports gave the $90,000 Tesla S a score of 99 out of 100 -- the highest score it's ever given;
• But Swapalease.com reported that Chevy Volt drivers are trying to get out of their leases after less than 12 months while Prius drivers are trying to escape their leases even earlier, after only 9 months;
• An AAA survey finds that nearly 80% of American consumers say they are "unsure or unlikely" to buy an electric vehicle.  

It may be that the Tesla results are an exception to overall electric vehicle trends. The sleek, fast and expensive sedan has a range of up to 225 miles, about twice what other all-electric cars can achieve. Given its luxury status, it's likely it is not the only car for most of its purchasers.

Volt drivers bolt?

The Chevrolet Volt, on the other hand is targeted to a mainstream market of middle-income buyers and is priced, after government rebates, to compete with the likes of the Honda Accord and Toyota Camry. It's also not a "pure" electric, since the Volt has a small gasoline engine that kicks in when the battery runs low, thus extending the car's range to match most gas-powered cars.

Nevertheless, Swapalease reports that the Volt is now regularly appearing in its transfer marketplace, as leasees seek to get out of their leases despite the enthusiastic reviews of drivers like Dennis Dineen, who in 2012 reported getting 203 miles per gallon in his Volt. Drivers are  listing the vehicle for an average of $384.86 in monthly payments. What’s more, drivers are listing their Volt leases for transfer just under 12 months into their 36-month lease term. 

In comparison, the Toyota Prius hybrid shows list prices averaging $432.00 monthly according to April data. Drivers are looking to escape their Prius leases even earlier, with the average Prius lease getting listed less than nine months into the contract.

“The falling gas prices may be having an effect on lease drivers of hybrid and electric vehicles,” said Scot Hall, Executive Vice President of Swapalease.com. “Most drivers look to exit their lease between 14-16 months into their lease, but we’re seeing a much shorter period for people exiting their Volt and Prius. The falling price of gas may be causing people to re-evaluate their decision to lease a hybrid or EV vehicle.”

No place to plug in

Rapid adoption of all-electric vehicles has, of course, been hampered by the lack of charging stations. While cars can be charged overnight at the driver's home, consumers are still nervous about driving a car that has a range of only 100 or so miles. Just one unexpected errand or surprise detour can throw off even the most cautious driver's energy budget for the day, as Los Angeles Leaf owner Rob Eshman has learned.

This anxiety perhaps explains the AAA survey finding that 80% of Americans are unlikely to buy an electric car anytime soon, even though the  number of charging stations has increased 959% since the debut of the Nissan Leaf in 2010.

“There have been major advancements in electric vehicle technology and the supporting infrastructure,” said John Nielsen, AAA Managing Director of Automotive Engineering and Repair, “However, it will take time and education for the general motoring public to understand just how far these vehicles have come, and recognize the many resources available to those who drive them.”

Modern EVs typically have a range of 60-100 miles, more than enough for the average driver’s daily commute which the U.S. Department of Transportation says is around 16 miles one way, Nielsen said. 

The AAA survey also finds many consumers citing the higher cost in general of an electric vehicle as a reason they would be unlikely to make such a purchase, although Nielsen says electric cars are actually cheaper to maintain.

Lower maintenance costs?

“Battery improvements, increased competition, and economies of scale are all likely to drive down costs associated with buying an EV,” Nielsen continued. “With no need to change oil or filters and less brake system wear and tear, maintaining an EV is actually more affordable than a conventional vehicle.”

While that may be true of pure electric vehicles, it's not what some Toyota Prius owners have experienced.

"My battery on my 2007 Prius (134k miles) just died and it would cost $3,000 to replace," said Eric of Spring, Texas, in a ConsumerAffairs posting. "The dealer was shocked and said it was one of the few times he has seen this happen. Is that true or is this a more regular occurrence?"

Mike of San Francisco might take issue with AAA's assertion that oil changes and other regular maintenance are less costly and less frequent in electric vehicles.

" Most of the time, when I go to a dealership to get scheduled service, I wind up having to take about three hours out of my day. This is for an oil change and regular service. Given that I commute over 100 miles per day, this means that I have to do this every couple of months and it gets really annoying," Mike said. 

AAA says it's gearing up to support electric cars, developing specially equipped road service trucks that can charge an electric vehicle in about 15 minutes with enough energy for about 10 miles of driving.

One of the producers of the “Dr. Phil” TV show has filed a copyright infringement lawsuit against online media company Gawker Media, basically claiming Gawker's Deadspin blog acted as a spoiler.

Peteski Productions claims that Gawker’s sports blog Deadspin infringed Peteski’s copyright by airing parts of Dr. Phil’s interview with Ronaiah Tuiasosopo, the man at the center of the scandal that humiliated Notre Dame linebacker Manti Te'o earlier this year.

Peteski, based in Texas, filed the suit in the U.S. District Court for the Eastern District of Texas. The complaint, filed on Tuesday, says that Deadspin hatched “a pre-meditated plan to steal Peteski’s copyrighted material.”

Because Deadspin aired parts of the interview ahead of schedule, the suit alleges, the show attracted fewer viewers than it otherwise would have.

Interview came after Te’o “hoax”

The interview was explosive in and of itself. Tuiasosopo was the man who pretended to be Lennay Kekua, Te’o’s “girlfriend.” Kekua, who had supposedly died in September 2012, was often cited as a tragic part of Te’o’s personal background, and one that motivated him to throw all his effort into playing football.

Ironically, it was Deadspin that broke the news that Kekua didn’t actually exist, and was instead an elaborate “hoax” perpetuated by Tuiasosopo. The article, published on January 16, 2013, was entitled “Manti Te’o’s Dead Girlfriend, The Most Heartbreaking And Inspirational Story Of The College Football Season, Is A Hoax.”

After Deadspin discovered that Kekua never existed, Te’o said that he had “developed an emotional relationship with a woman I met online.”

Gave away the ending

The interview with Tuiasosopo was aired in two sections -- one on January 31, 2013, and the next on February 1. The January 31 show ended with a suggestion that Tuiasosopo might, on the following show, use the same voice that he used when he pretended to be Kekua. The cliffhanger was ruined, the suit alleges, by the fact that Deadspin had already posted the footage on its site.

“Although the second show was expected to exceed the ratings number of the first show, in fact, the ratings declined substantially because the result of the 'cliffhanger' was no longer in doubt. It had been misappropriated by Deadspin,” the complaint alleges.

“Gawker deliberately set out to get 'the jump' on the rest of the country and 'scoop' Dr. Phil with his own content. They did not earn that right, they stole it.”

Peteski is seeking an injunction preventing Gawker from using additional copyrighted material from the “Dr. Phil” show, as well as damages.

If you talk to people with allergies (full disclosure: I'm allergic to pretty much everything), they'll tell you that this is just about the worst year they've ever seen when it comes to sneezing, itching eyes and the like.

But there is hope for sufferers.

According to an international team of researchers, led by physician-scientists at Johns Hopkins, a pill you only have to take once each day blocks the runny noses, sneezes, nasal congestion and itchy eyes that plagues ragweed allergy sufferers.

Help for the millions

Tests showed that treatment with the pill, which contains the protein Ambrosia artemisiifolia major allergen 1, and is placed under the tongue to be absorbed, reduced the need for anti-allergy drugs to get relief. That's good news for the more than 80 million people in the U.S. who are allergic to ragweed.

The study is believed to be the first and largest trial of its kind to investigate the use of sublingual immunotherapy against ragweed allergy. Begun in April 2010, it was funded by the drug's manufacturer, Merck of Whitehouse Station, N.J.

Solid results

Results of the trial, published in the Journal of Allergy and Clinical Immunology, showed that overall symptoms and need for such allergy medications as antihistamines and nasal steroids fell by 27 percent in people who took a pill containing 12 units of the allergen. During peak ragweed season, the roughly two-week period between August and October when pollen counts are highest, symptoms and medication use dropped 24 percent.

Nearly 800 people from the United States, Canada, Hungary, Russia and the Ukraine took part in the year-long study, in which they were randomly assigned to take either a high-, medium-, or low-dose tablet, or placebo.

Neither researchers nor study participants were aware of which dose of the pill or placebo they were taking. Patients kept track of their symptoms and medication use through detailed and daily diaries, which were later scored by researchers for analysis.

Researchers say that if the pill wins approval from the U.S. Food and Drug Administration, it could serve as a more convenient, less painful option than weekly or monthly allergy shots. There also are fewer potential side effects than allergen injections.

"Our results show this oral tablet for ragweed allergy is highly effective and well-tolerated, and offers considerable relief from what many allergy sufferers consider the most agonizing part of the year," says allergist and lead study investigator Peter Creticos, M.D.

Alternative treatment

"Physicians treating ragweed allergy sufferers may soon have an alternative to the current approach to managing ragweed allergy, which usually involves weekly or monthly visits to the doctor's office for allergy shots and carries the risk of swelling and pain at the injection site, plus risk of anaphylactic shock," says Creticos, an associate professor at the Johns Hopkins University School of Medicine.

Creticos says no adverse events occurred during the study -- that the only side effects observed were mild throat irritation, itchy tongue and swollen lips.

Creticos says his team is also looking into other non-injectible forms of immunotherapy, including ragweed allergy drops, and treatment applications where the allergen is lightly pricked or inserted into the middle layers of the skin.

Most pleasure cruises are filled with pleasure but some aren't. In recent months cruise lines have made news with accidents and mishaps.

In February fire struck the Carnival cruise ship Triumph in the Gulf of Mexico, leaving it largely without power or flushing toilets as the ship was slowly towed to port.

Ed, of Jonesboro, Ga., says he experienced similar unpleasantness in March aboard Carnival's Dream.

"I got stranded in St. Maarten -- no toilets, elevators, stagnated air and terrible service," Ed writes in a ConsumerAffairs post. "I contacted them about the problems I have had and the lady said 'tough luck, if you're not happy go somewhere else.'"

Taking notice

All of this has caught the attention of Sen. Jay Rockefeller (D-W.V.), Chairman of the Senate Commerce, Science and Transportation Committee. Rockefeller has fired off letters to the CEOs of the three largest cruise line companies operating from U.S. ports, requesting information about passenger safety.

“The cruise industry enjoys many advantages operating out of the United States but the advantages to American consumers and taxpayers are less clear,” said Rockefeller. “Recent cruise ship incidents underscore the need for a strong commitment to passenger safety and security from the entire cruise industry, not just those that wind up on the news most frequently."

Rockefeller is getting support for his accountability push from a major maritime group. The American Maritime Officers Association (AMO), a merchant marine union, praised the senator for calling attention to safety issues.

Foreign officers and crews

"Although the best-known cruise lines are publicly-traded U.S. corporations, these companies register their ships to foreign nations and, rather than employ American officers, the vast majority of captains, deck and engineering officers are from other countries," said AMO President Tom Bethel.

Bethel said these crewmen are paid less and have fewer benefits than American officers and crew, suggesting it saves the cruise lines money but leads to poorer job performance.

"As Senator Rockefeller detailed in his letter, since the deadly grounding and partial sinking of the Costa Concordia cruise ship (off the coast of Italy) in January 2012, there has been a rising tide of marine mishaps involving cargo and passenger vessel collisions, life boat drill fatalities, sanitary system breakdowns, steering failures, propulsion problems and engine room fires, all of which underscores the need for increased safety, emergency response, navigational and engineer training – training that all AMO members have," Bethel said.

Bethel says none of the recent nautical mishaps involved AMO-member officers or American-flagged ships. Bethel also raised the specter of the Titanic disaster, claiming that some modern-day cruise ships fail to carry the required number of lifeboats, an omission that doomed 1,500 passengers on the ill-fated liner 101 years ago.

Avoiding U.S. taxes

Rockefeller sent letters to the heads of Royal Caribbean, Norwegian and Carnival cruise lines. In the letters, he noted that many cruise ships are registered in foreign countries but benefit from access to American ports, waters and consumers.

"This means companies enjoy substantial support from U.S. government agencies; they avoid paying U.S. corporate income tax under a loophole exempting foreign-incorporated shipping companies; and many members of the cruise workforce are beyond the reach of basic labor standards available under U.S. law," he writes.

Rockefeller said he's looking forward to the responses from the cruise industry since they will help Congress improve rules to provide passengers with safe and comfortable cruising experiences.

The senator, who is not seeking another term, has made cruise ship safety and performance a major issue. He has pressed Carnival to reimburse the Coast Guard for the cost of the February rescue of Triumph and held hearings last year on cruise ship regulations.

What do sex and financial literacy have in common? Parents rarely talk about either of them with their children. But while sex education is now the norm in schools, many kids remain in the dark about money matters.

"It would be great if school started offering some kind of financial class for students," said Jeff Hindenach, director of content for NextAdvisor.com. "Something that we advocate is parents talking to their kids about credit at an early age. In my research I found an interesting statistic showing 60 percent of parents would rather talk to their children about sex that talk about money."

A child who grows up understanding money and the responsible use of it will not only be a more savvy consumer, they are less likely to get over-extended on debt, like credit cards and college loans. And while most schools have yet to jump on the financial literacy bandwagon, plenty of other organizations have, offering games, curriculum guides and suggestions for parents and teachers who want to help give kids a solid financial foundation.

Practical understanding of money

TheMint.org is an organization with the goal of helping parents impart a real and practical understanding of money to their children. It's advice? Start with the basics and make it fun. Focus on saving, investing, debt and risk.

For example, if you are in the habit of giving your child money every time they ask for it, cut it out. Instead, give them a regular allowance for them to manage. When it's gone, don't give them any more money until next allowance day. It's a simple, practical way for children to learn how to manage money and the consequences of over-spending.

The real mint -- the U.S. Mint -- also has a program for financial literacy. Aimed at teachers, it offers lesson plans centered around money, such as "Do you like to spend or save?" "Common Cents" is a first and second grade lesson plan that uses money to teach math. Using coins, children learn to add and subtract.

Turnkey financial education solutions

The National Financial Educators Council  is a financial literacy resource provider that delivers turnkey financial education solutions. It provides education packages for students, from pre-kindergarten through college.

Jump$tart is a coalition of financial literacy education advocates and providers. It offers a number of resources, including Jump$tart Clearinghouse an online library of financial literacy material, including lessons and games that can be downloaded for free.

Among the resources is AdMongo, an online video game produced by the Federal Trade Commission (FTC). It teaches students about advertisements, what marketers are saying in their ads and what they ultimately want from the consumer. In short, it's a resource to help young consumers understand and resist Madison Avenue's slickest pitches. 

Monopoly Jr.

Toymaker Hasbro has produced a kids' version of the popular board game Monopoly, called Monopoly Jr. It's a faster version of the adult game but still has the math and money-management requirements of the adult version.

A recent study suggests American parents have a long way to go in helping their children get a grasp on money issues. The survey, conducted for the American Institute of CPAs (AICPA) by Harris Interactive, found that 61 percent of parents give their children a generous allowance but only one percent say their kids save any of their money.

“As parents, we feel a strong commitment to our children and ensuring they have all that they need to succeed,” said Jordan Amin, CPA, chair of the AICPA’s National CPA Financial Literacy Commission. “One of the best gifts we can give them is a solid education on managing money.”

The American Civil Liberties Union of Southern California (ACLU/SC) and the Electronic Frontier Foundation (EFF) have filed suit against the Los Angeles Police Department and the Los Angeles County Sheriff’s Department, alleging that the departments are withholding data gathered from license-plate readers.

The plate readers are described by the ACLU of Southern California  as “sophisticated camera systems mounted on squad cars and telephone poles that read license plates and record the time, date, and location a particular car was encountered.”

The readers, which can record up to 14,000 license plates per session, are intended to help locate stolen cars. However, the ACLU/SC says that the readers “keep information on every car — even where there’s no reason to think the car is connected to any crime.”

Data not provided

According to the ACLU/SC, the organization previously filed requests with the LAPD and the Sheriff's Department requesting one week’s worth of data collected last year, along with documents detailing plate-reader training. The organization says that the agencies failed to produce the  data, and also have not handed over data on information they shared with outside agencies.

“Location-based information like license plate data can be very revealing,” EFF attorney Jennifer Lynch said an ACLU press release.  “By matching your car to a particular time, date and location, and then building a database of that information over time, law enforcement can learn where you work and live, what doctor you go to, which religious services you attend, and who your friends are. The public needs access to the data the police actually collected to be able to make informed decisions about how ALPR systems can and can’t be used.”

Many requests, not much response

Last July, ACLU affiliates in 38 states, as well as Washington, D.C., requested information on how license plate readers were used by various police departments and other agencies. The ACLU also filed Freedom of Information Act (or “FOIL”) requests with the U.S. Department of Homeland Security, Department of Transportation, and Department of Justice regarding their use of license plate readers.

In a press release announcing those requests, the ACLU asserted that “[t]he biggest problem with [license plate reader] systems is the creation of databases with location information on every motorist who encounters the system, not just those whom the government suspects of criminal activity.”

“As license plate location data accumulates, the system ceases to be simply a mechanism enabling efficient police work and becomes a warrantless tracking tool, enabling retroactive surveillance of millions of people,” the release said.

Becoming more common

License plate readers join red-light cameras, speeding cameras, and surveillance video on the list of automated, sometimes eerie technology purportedly used to deter crime and track down criminal suspects. And the technology is becoming more commonplace; an ACLU blog post from January 2013 reveals that a 2011 survey showed that 71 percent of agencies that responded had plate-reading technology.

Even more eye-popping, the “survey found that almost every police agency expects to acquire or increase their use of LPRs in coming years, and that five years from now, on average they expect to have 25 percent of their cars equipped with LPRs,” and that “[a] large majority of agencies (85 percent) plan to acquire or increase their use of LPRs during the next five years.”

The meds are great, but you can't take a pill for a walk. A pet, on the other hand, is a whole different matter -- and it could make a big difference in your physical well being

According to a new American Heart Association scientific statement, published in the association's journal Circulation, having a pet might lower your risk of heart disease.

"Pet ownership, particularly dog ownership, is probably associated with a decreased risk of heart disease" said Glenn N. Levine, M.D., professor at Baylor College of Medicine in Houston, Texas, and chair of the committee that wrote the statement after reviewing previous studies of the influence of pets.

Still some questions

Pet ownership is probably associated with a reduction in heart disease risk factors and increased survival among patients. But the studies aren't definitive and do not necessarily prove that owning a pet directly causes a reduction in heart disease risk. "It may be simply that healthier people are the ones that have pets, not that having a pet actually leads to or causes reduction in cardiovascular risk," Levine said.

Dog ownership in particular may help reduce cardiovascular risk. People with dogs may engage in more physical activity because they walk them. A study of more than 5,200 adults showed dog owners walked more and were generally more physically activity than non-dog owners. They were also 54% more likely to get the recommended level of physical activity.

Research also shows that owning pets may be associated with lower blood pressure and cholesterol levels, and a lower incidence of obesity and can have a positive effect on the body's reactions to stress.

"In essence, data suggest that there probably is an association between pet ownership and decreased cardiovascular risk," Levine said. "What's less clear is whether the act of adopting or acquiring a pet could lead to a reduction in cardiovascular risk in those with pre-existing disease. Further research, including better quality studies, is needed to more definitively answer this question."

Even with a likely link, Levine said, people shouldn't adopt, rescue or buy a pet solely to reduce cardiovascular risk.

When it comes to being fit and remaining healthy, a consistent level of exercise and proper diet is needed. But researchers say most people don't think about how their home affects their health. 

Charles Emery, a professor of psychology at Ohio State University, is leading a study on the link between a person's home and their health and said the study is the first of its kind.

"We're really trying to create a picture of what that home environment is in relation to food," he said. 

"There have been a number of studies that have looked at the more cognitive aspects of food choices and eating. But no one to date has looked closely at the home environment that people create for themselves and how that may be related to food availability and food choices," Emery said.

The study will take several weeks and researchers will take a look at 100 homes to see what kinds of foods are in the cabinets and see how each home is set up.

In addition, researchers will look at how food is stored, how easily accessible it is throughout the home and where it's usually eaten.

They'll document each participant's height, weight, cholesterol and stress levels as well.

Making healthy choices

By the end of the study, Emery and his team hope to determine how much the overall set-up of a person's house affects their health each day.

It's safe to say that most people believe it's harder to make healthier food choices when they eat out, but Emery says it's just as hard to make healthy food choices at home.

"For example, the environment may be more compact in homes where people are making less healthy choices," he says. "And part of that is reinforced by our society. We're always being told to find the easiest and quickest way to do something and yet in terms of our health and well-being, that may not always be the best route to take." 

Each participant will be involved in the study for two weeks and a researcher will interview each person for 2 1/2 hours.

In the interview, researchers will ask about each person's usual food choices and how much exercise they get. Additionally, each participant will undergo a health screening and have their blood sugar measured. 

Researchers will even take photographs of how food is stored in each home and ask all the participants to keep their food receipts.

Emery says he wants to gather all of this information and determine how much one's life at home relates to their health choices. Emery and his team will see how much a person's stress level relates to their health too.

"We want to be able to look at the degree to which stress may be a factor influencing people's food choices or influencing their health outcomes related to food," he said. "I'm also interested in relating all of this to psychological factors. Participants will be asked to complete questionnaires that assess stress and distress, depression, anxiety, quality of life and social support."

At the end of the study each participant will receive a report that tells that person how their home, the homes' setup and their overall life choices affect their health.

Scientists will let each person know how their health matches up to average health statistics as well.

Another set of eyes

Monique Payne is one of the participants in the study and she said it was good to have one of the researchers in her home, because it gave her another set of eyes to tell her how she was doing.

"It was funny to see it through her eyes, versus just my eyes," Payne said  about one of the researchers. "She would observe things differently than I did. So it's more than just what you have in the house, but how do you get to it."

Emery says he and his team will look at many places throughout the home to see how they contribute to each person's health.

"We'll look not just at distances from one place to another but also architectural features that may influence a person's perspective on distance. The number of doorways and steps may be influential in the way people perceive and use their home space."  

The Toro Co., of Bloomington, Minn., is recalling about 37,000 Z Master Riding Mowers (about 2,600 units were previously recalled in November 2012).

The idler pulley can rub against the mower's fuel tank, posing a fire hazard. Toro has received six reports of incidents. No injuries have been reported.

This recall involves 2012 and 2013 Toro Z Master Commercial 2000 Series ZRT riding mowers. The mowers are red and black. "Toro" and "2000 Series" are printed on the side and "Z Master Commercial" on the front of the mowers. When viewed from the operator's seat, the model and serial numbers are on a metal plate located at the front of the mower, below the seat, on the right-hand side.

The following models and corresponding serial numbers are included in this recall:

• model number 74141 with serial numbers ranging from 312000101 to 312000784 and 313000101 to 313000364;
• model number 74143 with serial numbers ranging from 312000101 to 312000881 and 313000101 to 313000432; and
• model number 74145 with serial numbers ranging from 312000101 to 312001178 and 313000101 to 313000443.

The mowers, manufactured in the U.S., were sold at Toro dealers nationwide from January 2012, through April 2013, for between $7,700 and $8,700.

Consumers should stop using the recalled mowers immediately and contact a Toro dealer to schedule a free repair and/or to check if the repair has already been made to the mower. Toro has contacted registered owners of the recalled mowers.

Consumers may contact Toro toll-free at (855) 493-0090, from 8 a.m. to 5 p.m. CT Monday through Friday.

When driving on U.S. highways, there are few things that can distract you like a big semi-trailer truck. No matter how big or small your vehicle is, driving next to an 18-wheeler can make you feel tiny -- like you're being swallowed by it.

And trucks don't just make some people feel uncomfortable, they can pose serious dangers too.

Trucking tragedy

Just ask Wanda Lindsay of Texas, who lost her husband John after he  was rear-ended by a truck. She says the driver had sleep apnea, but was allowed to drive the truck anyway.

"Truck drivers are allowed to work 11 hours a shift behind the wheel so it is no wonder that nearly half of truck drivers admit they have fallen asleep while driving," said Wanda in a statement. "Last year, legislation requiring electronic logging devices in trucks passed Congress. I call on the U.S. Department of Transportation to issue the final rule for these lifesaving devices."

Lindsay, of New Braunsfel, Texas, was one of the speakers at a Capitol Hill news conference sponsored by the Truck Safety Coalition (TSC), a safety advocacy group. She tells her story in this video, supplied by TSC:

A call for better regulation 

According to a national poll put together by Lake Research Partners and released by the TSC, a good number of U.S. taxpayers want the government to do a better job when it comes to regulating the size of today's trucks.

Results show that 68% of people are opposed to heavier trucks being on the road and 47% are strongly opposed. In addition, 88% of Americans said they don't want to pay higher taxes for damages caused by heavier trucks.

Joan Claybrook, chairwoman of Citizens for Reliable and Safe Highways (CRASH), says heavy trucks are causing a growing number of injuries and deaths.

"Every year more than 4,000 people are slaughtered on our nation's highways while corporate trucking and shipping interests continue to push Congress for heavier trucks," said Claybrook, the retired head of Public Citizen and former administration of the National Highway Traffic Safety Administration (NHTSA). "Heavy trucks are deadly, dangerous and destructive. Families are paying with their lives and with their wallets."

According to the TSC, the 15 states that had the most truck crash fatalities in 2011 were: North Dakota, Wyoming, Montana, Arkansas, Oklahoma, Mississippi, New Mexico, Kansas, Indiana, Alabama, Kentucky, Iowa, South Carolina, West Virginia and Georgia.

Emphasis on safety lacking

Pina Arrington of South Carolina, who lost her husband in a truck crash, says the entire trucking industry seems to be putting dollars over safety.

"What happened to my husband was not an accident," she said. "The unacceptably high numbers of truck crash deaths like Scott's are the result of bad actors in an industry choosing profit over safety, and adding more size and weight to trucks will only result in greater loss of life."

Sen. Frank Lautenberg (D-N.J.) sponsored the Safe Highways and Infrastructure Preservation Act (SHIPA), which if enacted would place tighter restrictions on  trucks, including weight and size limits. In addition, SHIPA would pull the trucks that are currently overweight off the roads.

Raising the insurance bar

Another thing safety advocates want to do is raise the minimum insurance level for trucks.

Kate Brown of Gurnee, Ill. has a son who was permanently injured by a truck crash, and the truck company that was responsible couldn't pay off the high medical costs.

"My son Graham was hit by a drunk and drugged truck driver in 2005 and 22 surgeries later he is permanently partially disabled," said Kate. "In the first three years after the crash, Graham's health care costs exceeded $1.3 million and exhausted the truck company's insurance policy."

"Trucks have gotten bigger and inflation has gone up, but the minimum amount of insurance coverage required for trucks has remained the same for the past 30 years," she explains. "Congress must resist the corporate trucking and shipping interest's push for bigger, heavier trucks, and they must increase the minimum insurance level for trucks."

Vickie Johnson of Georgia, who lost her husband and step-daughter in a truck crash agrees and says government officials have to do a far better job of making sure trucks aren't getting bigger and heavier.

"Families like mine get torn apart by big trucks every day," she said. "Three in my family survived, but I don't know if any of us would have if the truck that hit us was significantly heavier. It is bad enough that truck crash fatalities are on the rise; truck size and weight increases will only make matters worse." 

Four years ago, when banks were in the midst of the Great Recession, many of them changed the way they do business. The result was not so good for consumers.

Checking accounts cost more and were harder for some consumers to get. There were more fees, higher fees and higher minimum balance requirements. The message to consumers seemed to be, “see if you can find an alternative.”

With so many consumers in play, the market has responded with alternatives to checking accounts, mobile banking and loans. Today there are, in fact, alterntives to doing business with a bank. The main alternative to a checking account to emerge in the last few years is the prepaid debit card.

“They can be good for people who have trouble keeping their spending in check, said Lisa Gerstner, who covers banking issues for Kiplinger. “Usually you can't overdraw your prepaid card. There's also a lot to watch out for with prepaid cards.”

Watch out for fees

The main thing to watch out for is fees. Some prepaid cards, especially the ones that have been around a long time, are really heavy on fees. There's a monthly service charge and fees for different types of transactions.

But some of the newer cards are more consumer-friendly with fewer and lower fees, making them an attractive alternative to a bank. Gerstner recommends the Bluebird Card from American Express and Walmart.

“It's low on fees,” she said. “You can do a lot with it, like direct deposit your paycheck, pay bills on line, things like that.”

In spite of their fees, prepaid cards pioneered some consumer-friendly features that banks ignored until recently. For example, if you made a debit card purchase that overdrew your account, the bank would let the purchase go through, then assess you a $30 fee for the overdraft. It wasn't uncommon for consumers to pile up $150 in overdraft fees on a single shopping trip.

Nice features

Most prepaid cards have always had a policy of denying the transaction if you had insufficient funds on the card. Some even send the user an email after every purchase, showing the new balance on the card. And the Bluebird Card recently added the same FDIC protection banks provide. The secret to prepaid cards is to research how each card works and total up the fees.

“You should definitely look at the fees and find a card that's good for you,” Gerstner said. It's probably best to do that online, rather than buying a card off the rack in a store.

More people prefer to manage their financial services on the go and a savvy bank, Bancorp Bank, is taking full advantage with its Simple service. Simple is a smartphone app in which the bank remains mostly invisible. You get a debit card, direct deposit and the other trappings of a bank account, but aren't saddled with monthly service and overdraft fees.

Anti-bank sentiment

“I think they're really trying to tap into this anti-bank sentiment that's going on,” Gerstner said. “They make a point that they're really light on fees. People who are mobile and really tech savvy are more likely to be interested.”

Since the banking crisis of 2009 banks have been less likely to lend money. That's led to the creation of several peer-to-peer lending sites that match up creditworthy borrowers with people looking for a good return on their investment.

Lending Club is one such site. Borrowers can get money for three to five years at rates below seven percent. Prosper.com operates on a similar business model.

“They're interesting on both sides of the equation because, as a borrower you go there to see if you can get credit,” Gerstner said. “I talked to two or three people who were able to get loans from these sites and they had stories about how they were able to get a better rate or get credit they couldn't have gotten from a bank.”

Win-win

On the other hand, people who are starved for yield on their money are looking at investing in those loans and sometimes getting returns in the double-digits. It can often be a win-win proposition.

Do banks care that they are losing business to these upstart alternatives? Some may but others might not. And Gerstner says consumers shouldn't give up on banks entirely.

“I don't think banks are going away and you can still find good deals if you'll willing to look at more local and Internet options,” she said.

But it's nice to know there are starting to be some alternatives.  

Bowing to FDA pressure, Wrigley is suspending production of its new Alert caffeinated gum but insists the suspension is only temporary.

The Food and Drug Administration (FDA) has expressed concerns about the addition of caffeine to gum, energy drinks and other food and snacks that are attractive to children.

In a statement yesterday, Wrigley said it had gained a "greater appreciation for [the FDA's] concern about the proliferation of caffeine in the nation's food supply" and would withdraw the gum pending further action by the FDA.

"There is a need for changes in the regulatory framework to better guide the consumers and the industry about the appropriate level and use of caffeinated products," Wrigley North America President Casey Keller said.

The FDA has been under pressure from lawmakers to get a tighter grip on caffeine-laden drinks and snacks.

"Consuming large quantities of caffeine can have serious health consequences, including caffeine toxicity, stroke, anxiety, arrhythmia, and in some cases death," Sen. Dick Durbin (D-Ill.) said in an April 2012 letter to the FDA. "Young people are especially susceptible to suffering adverse effects because energy drinks market to youth, their bodies are not accustomed to caffeine, and energy drinks contain high levels of caffeine and stimulating additives that may interact when used in combination,” wrote Durbin.

"FDA is taking a fresh look at the potential impact that the totality of new and easy sources of caffeine may have on the health of children and adolescents, and if necessary, will take appropriate action," the agency said last week.

"Tasted horrible"

In its defense, Wrigley said early on that the gum had a somewhat bitter taste that would dissuade adolescent from abusing it, a contention our Daryl Nelson found to be something of an understatement.

"I must say, right off the bat, the gum tasted horrible," Nelson said in his review. "Within the first couple of chews, I was instantly hit with an intensely bitter flavor that seemed to be part stale cup of black coffee, part licorice. The two flavors definitely didn't make for a winning taste combination."

Believe it or not, the chewing gum business isn't what it used to be. Sales have been suffering as consumers increasingly lug around bottles of water, juice and energy drinks as though they were setting off an a Saharan trek.

Snack bars may also be elbowing gum out of consumers' pockets.

Earlier this week, Mondelez International, whose gum line-up includes Trident, said it would start emphasizing function over taste, Advertising Age reported, promoting the oral and dental health benefits of chewing gum. 

"We are not counting on a significant turnaround in gum this year," Mondelez CEO Irene Rosenfeld told analysts, according to the trade magazine. "But let me assure you we are not sitting idly by and accepting these trends."

Many people probably know that it's hard for children to pay attention in school without eating breakfast. But now a team of researchers has found out why that is.

Researchers from Ohio State University took brain scans of students and found those who ate a nutritious breakfast and were physically active every day achieved higher test scores and had more focus in class.

"Hungry kids can't learn and we've known that for a long time," said Ohio State Professor Bob Murray, M.D. "But now we know why they are not learning and what areas of the brain are really hindering that."

The skippers

According to statistics, 62% of teenagers skip breakfast once a week.

And based on figures released by The Wellness Impact: Enhancing Academic Success Through Healthy School Environments, only 38% of teens eat breakfast every day.

Unfortunately, many schools don't offer breakfast because of budgetary cutbacks, but Duke Storen, director of Partner Impact at Share Our Strength says it's still the school's responsibility to provide certain meals.

Storen believes schools providing breakfast not only help kids in the classroom, but it will help them in adulthood as well.

"Schools play a critical role in ending childhood hunger by connecting kids with healthy meals that do much more than provide essential nutrition. They improve a student's ability to focus and thrive in the classroom," said Storen.

"For example, research shows that the seemingly simple act of ensuring that children get school breakfast offers the potential for students to experience greater academic achievement, increased job readiness and ultimately more economic prosperity for our nation. Stronger, better nourished kids mean a stronger America," he said.

The evidence

Share Our Strength revealed these statistics:

• Kids who regularly ate breakfast attended school 1.5 more days than kids who didn't. And children who ate breakfast every morning scored 17.5% higher than children who didn't.
• In a recent case study, researchers learned there are about 81,000 low-income elementary and middle school students in Maryland who receive lunch at school -- but not breakfast.
• According to estimates, if Maryland schools gave breakfast to 70% of  these kids, 56,000 additional students could achieve math proficiency and 14,000 more students would graduate high school. And schools would see 84,890 fewer absences among students as well.

Physical activity a factor

But it's not just missing breakfast that causes students to lose focus. Missing recess is a part of it, too.

According to figures released by the National Center for Education Statistics, 7% of first-graders and 8% of third-graders never had recess.

In addition, 14% of first-graders and 15% of third graders had recess for only one to 15 minutes a day. And 20% of U.S. school systems have decreased recess time by an average of 50 minutes per week.

The American Academy of Pediatrics says teachers shouldn't take away recess for disciplinary reasons, because it's just too important.

"Recess is a crucial and necessary component of a child's development,"  said the Academy in a statement. "It should not be withheld for punitive or academic reasons."

Sara Burie, an Exercise Physiologist at St. Mary's Hospital in Wisconsin says recess might be the only exercise kids are getting these days.

"I think that if you take away that recess, that's all the exercise activity they're going to get, especially with all the technology," she said in an interview with a local news outlet. "Kids especially just don't move anymore."

Cooperative effort

Recently, several organizations including the American Dairy Association Mideast and Ohio Action for Healthy Kids, hosted a statewide summit to discuss the link between nutrition, recess and academic performance.

Among the speakers was Audrey Rowe from the United States Department of Agriculture's (USDA) Food and Nutrition Service. Rowe said the USDA is doing its part to make sure more kids are getting healthy meals at school.

"USDA is focused on improving childhood nutrition through healthier school meals and greater access to school breakfast and summer meals," she said. "Through the leadership and hard work of Ohio Action for Healthy Kids, the American Dairy Association Mideast, Children's Hunger Alliance and our other dedicated partners, we are beginning to see progress and improvements in the health of our nation's children, ensuring that America's next generation is healthy, well-nourished and able to achieve great things."

According to a separate 2011 study, 17 million children in the U.S. don't have access to nutritious food, which is one child out of every four.

You're working up your courage to pop the question. Presenting just the right engagement ring during the proposal can't hurt your chances.

But as we've previously reported, buying jewelry can be a complicated and intimidating process. When the rest of your life may be riding on your purchase, it is even more so.

First, know your terminology. When you talk with a sale representative, he or she will use various terms to describe aspects of the ring. You need to know what they are and their importance to your ultimate decision.

The band is just what you think it is – the round part of the ring, made from a precious metal like gold, silver or platinum, that slides on the finger. Color is one of your choices. Gold can either come in the yellowish color of its natural state or white gold, which is a gold alloy that is normally coated with another metal to give it a silver color.

Plating doesn't last forever

Keep in mind that plating wears off and replating must be done from time to time. Both platinum and silver have a silvery color naturally. The band you choose will affect the color of the diamond. but before you get to the stone you need to consider the setting.

The setting refers to the piece that holds the diamond in place. As you can imagine, it's a very important part of the ring.

“I have had my two-piece wedding ring set for 11 years now,” Lisa of Belvedere, Ill., wrote in a ConsumerAffairs post. "I have had to have the prongs tightened on a regular basis and I even lost the diamond once. My diamond was loose again so I took it in again. The company said they could not tighten it and that I needed to replace the entire head which will be $210.”

Lisa's experience underscores the need to get a good, strong setting to start with. Jewelry experts say platinum works well, and combining a platinum setting with a gold band can provide a nice contrast. Usually, the more prongs holding the diamond in place, the better. A ring with a strong, durable setting will give the wearer added peace of mind through decades of use. And jewelry artisans are quite adept at combining durability and beauty.

The third part of the ring is the stone – in the case of an engagement ring it's usually a diamond. Keep in mind that bigger isn't always better. Diamonds are valued more for the quality of their cut than their size. While a huge rock might look impressive on her finger, people who really know jewelry will be more impressed by a perfectly cut smaller stone.

Look for sparkle

You can usually tell a nicely cut diamond by the way it sparkles. Place it next to a larger stone and see which one appears brighter.

Diamonds are measured in carats, which is not to be confused with karats – a term that measures the purity of gold. Carat refers to the weight of a diamond and the larger the number, the bigger the stone.

You'll also hear a reference to clarity. Clarity in a diamond describes the appearance of internal characteristics called inclusions and surface defects called blemishes. The fewer inclusions and blemishes, the better the clarity.

A perfect diamond is transparent but in the real world, all diamonds have some color, attributable to chemical impurities or structural defects. White diamonds tend to be valued less while those with a pink or blue tint can be very expensive. The color of the stone should play a role when you select the band and the setting, so that they go together in harmony and don't clash.

The diamond's cut doesn't refer to its shape but rather its symmetry. A diamond cutter will select a cut that takes advantage of the stone's material properties. An expertly cut diamond will be brighter. If the stone is poorly cut it might appear dull.

The four Cs

Together, carat, clarity, color and cut are known as “the four Cs” of diamonds and are things to consider when choosing a ring.

Where you buy the ring is also important. Jewelry store chains sell lots of engagement rings but some of the individual stores may be better than others. Mariana, of Washington, DC, writes that her fiance expressly ordered a platinum band for her engagement ring at Zales.

“However, a professional, independent appraisal revealed that the ring was actually white gold, not palladium,” Mariana writes. “I contacted Zales to see what they would do to fix it. They offered to get the original in palladium or upgrade to platinum. That sounded good, but after the jeweler told them he couldn't do it in palladium, Zales said my only option was to allow the jeweler to choose a different ring with a cathedral setting and reset the ring in that setting.”

To avoid unpleasant surprises, ask friends who have purchased jewelry which store they would recommend. Also, read online reviews at sites like ConsumerAffairs.

Finally, try to make sure the ring fits. If possible, take one of her rings and trace the outline of the inside of the band on a piece of paper. If you give the paper to a jeweler, he or she will be able to determine the proper size.

True, a ring that doesn't fit can be resized, but having to do that can dampen the big moment. The perfect ring she can slip on her finger and wear forever can help you seal the deal.

Checks are going out to more than 22,000 consumers who fell for a scam that  claimed to offer free government grant money. An administrator working for the Federal Trade Commission began mailing refund checks totalling approximately $1.7 million to 22,764 consumers today.

The amount of money defrauded consumers receive will vary based on the amount they lost.  Most consumers will recover nearly 80 percent of their total loss through the Commission’s redress program.  Refund checks must be cashed within 60 days of the date they are received. 

After extensive litigation, the FTC settled with four of the defendants and won summary judgment against the remaining 25 individual and corporate defendants. 

According to the FTC, the website operators sold many products online, including Grant Connect, which they described as a “unique consumer-friendly US government grant program that delivers all of the tools for the consumer to search multiple databases, write grant proposals, and deliver polished plans…” 

The websites also used images of the President and the American flag in an attempt to convince consumers that they were affiliated with the U.S. government, which they were not.

Both the settlement and the summary judgment order ban the defendants from selling grant-related products, among other things.  The defendants also are banned from selling products or services with an automatically recurring fee.

What to do

The FTC’s refund administrator in this matter is Gilardi & Co., LLC.  Consumers who have questions about the refund program or whether they qualify can call Gilardi’s hotline number at:  1-877-230-7552. 

The FTC also has a website where consumers can obtain general information about the agency’s consumer refund program and answers to frequently asked questions.

Things have been looking up for Tesla the last few days. The expensive all-electric luxury carmaker reported its first profitable quarter yesterday. But perhaps more surprising is that Consumer Reports magazine has given the Tesla Model S the highest score it's ever awarded a car -- 99 out of 100.

"The Tesla Model S takes everything you know about cars and stands it on its head," the magazine said. "It's a very agile, super-quick electric luxury sedan (with a hatchback!) that seats seven and gets the equivalent of 84 mpg."

While it's true that, like other all-electric cars, the Tesla S has a range limited by its battery. But the CR editors found that with the optional 85 kWh battery, the Tesla S can go between 180 and 225 miles on a charge, depending on the weather, about twice as far as any other electric car.

"Performance all-around is exceptional, with short stops, a superb ride, and an eerily hushed cabin. Almost all controls are done through a quick and capable iPad-like center screen," the magazine gushed, calling it "truly a remarkable car."

You night find it remarkable that anyone would give an almost-perfect score to a car that at best will go 225 miles without pausing for five hours or more to recharge. But when you consider the thing also costs $89,650, it's even more surprising.

Sales spurt

But it's not only CR's editors who are gaga over the car. Consumers like it too. Sales have been steadily rising and the company says it now expects to deliver 21,000 cars in 2013, up from a previous target of 20,000.

While you still might not want to invest $90,000 in a Tesla, investors have been rushing to buy the company's stock following yesterday's report of a first-quarter profit of $11 million on revenue of $562 million. The company's stock price was at $66.81 late this morning, up about 20%.

Average fixed mortgage rates as tracked by Freddie Mac and Bankrate pushed higher this week, thanks largely to April's better than expected employment report.

Freddie Mac says its Primary Mortgage Market Survey  shows fixed rates reversed their recent trend and moved higher for the first time in six weeks.

The 30-year fixed-rate mortgage (FRM) averaged 3.42% with an average 0.7 point for the week ending May 9, 2013 -- an increase of seven basis points from last week. At this time last year it averaged 3.83%.

The average for the 15-year FRM averaged 2.61% with an average 0.7 point. Last week, it averaged 2.56% and a year ago at this time, the 15-year FRM averaged 3.05%.

Five-year Treasury-indexed hybrid adjustable-rate mortgage (ARM) averaged 2.58% this week with an average 0.5 point -- up from last week when it averaged 2.56%. The 5-year ARM averaged 2.81% a year got.

The 1-year Treasury-indexed ARM averaged 2.53% this week with an average 0.4 point, down three basis points from last week when it averaged 2.56%. At this time last year, the 1-year ARM averaged 2.73 percent.

Stronger jobs numbers

Frank Nothaft, vice president and chief economist at Freddie Mac, credits the “strong April employment report” for the increase. “The economy gained 165,000 new jobs on net last month, more than the market consensus forecast and the largest monthly increase this year,” he noted. “On top of that, revisions added 114,000 more jobs to February and March as well. All of these factors allowed the unemployment rate to fall to 7.5 percent in April, the lowest since December 2008."

Bankrate

After seven straight weeks of declines, mortgage rates moved higher following better than expected news about jobs, according to Bankrate.com.

The benchmark 30-year fixed mortgage rate increasing to 3.6%, with an average of 0.31 discount and origination points.

The average 15-year fixed mortgage jumped to 2.82%, while the larger jumbo 30-year fixed mortgage rate settled at the 4% mark. Adjustable rate mortgages were mostly higher, with the 5-year inching up to 2.64% and the 10-year ARM climbing to 3.2%.

Labor market gets the credit

After mortgage rates had fallen to levels that were at, or near, record lows, the better-than expected April jobs report swayed sentiment about the economy, Bankrate analysts said. Both bond yields and mortgage rates increased, as mortgage rates are closely related to yields on long-term government bonds.

So much of the economy's health is gauged by job growth, and, and according to Bankrate, “this month's report came on the heels of a lousy March jobs report and some other soft economic data in recent weeks. In particular, the number of new jobs was revised upward for each of the two previous months.”

The last time mortgage rates were above 5% percent was April 2011, when the average 30-year fixed rate was 5.07%. That means a $200,000 loan would have carried a monthly payment of $1,082.22. With the average rate currently at 3.6 percent, the monthly payment for the same size loan would be $909.29 for anyone refinancing now.