Current Events in July 2013

Housing market indicators suggest the foreclosure crisis has passed. But has it?

RealtyTrac, a real estate marketing firm, reports foreclosure filings fell to 127,790 in June, a drop of 35% year-over-year. It's significant because the monthly total is the lowest since December 2006, before the housing market went into free-fall.

The number of foreclosure filings – which include everything from default notices to bank repossessions – plunged 14% between May and June, leading Daren Blomquist, a vice president at RealtyTrac, to declare that foreclosures are no longer a national problem.

More than a few consumers might disagree. While it is hard to argue with the numbers, there still appears to be plenty of pain out there, with homeowners quick to lose their houses if they fall behind on their payments.

Still fighting foreclosure

Ruth, of Franklin, Ky., says she has been trying to help her ex-husband hold onto his home that he received in their divorce settlement 16 years ago and that she says is almost paid for.

“Ocwen Loan Servicing has told him he owes estate taxes and inspection fees and is saying he owes almost $300 per month more than his fixed rate mortgage payment,” Ruth writes. “He is on year 21 of 30 with a small balance. His payment is automatically deducted from his bank account, yet now they have begun foreclosure proceedings and sometimes they accept his payment and sometimes they return it, but they are saying he owes almost $12,000 which would be the fees and the extra mortgage money that is not due them!”

Until recently things hadn't changed much for Ramona, of Kissimmee, Fla. During the housing downturn she said her mortgage was sold several times.

“I have completed three loan modifications and all were denied,” she writes in a ConsumerAffairs post. “The last bank was Bank of America and I completed not only one but two loan modifications only to be told that I didn't make enough money to modify. Let's be honest here; if I were making the money I was when I got the loan, I wouldn't need a modification.”

Happy ending

Ramona said she was close to foreclosure when were loan was acquired by Select Portfolio Servicing, which she said was the first loan servicer to actually come through with a promised modification.

“Select Poirtfolio Servicing did exactly what was promised and although it took a few months longer than I was told, they were a great team and all the relationship managers were polite and all gave me the same info every time - very constant information and attitudes,” she writes.

Christina, of Delran, N.J., did not have such a happy ending. She writes that she and her family complied with every request but Nationstar Mortgage foreclosed anyway.

“On top of that, we recently received threatening phone calls from this company demanding $270,000 to be repaid because they were 'short' at the auction,” Christina writes. “We had a cash buyer for them and they turned it down. This is completely documented in emails to this company. Our story is long, horrible and has ruined my life forever.”

Shadow inventory

According to CoreLogic, a data analysis firm, the “shadow inventory” of foreclosed homes – homes in danger of default but not yet repossessed – is down sharply from its high in 2010 but is still just under two million homes.

The CoreLogic numbers also show that the foreclosure pace is still quite active. For example, in comparison to the 52,000 completed foreclosures reported for May 2013, completed foreclosures averaged 21,000 per month nationwide between 2000 and 2006.

Completed foreclosures are an indication of the total number of homes actually lost to foreclosure. Since the financial crisis began in September 2008, there have been about 4.4 million completed foreclosures in the U.S.

By now, you've probably heard about Randy Travis' condition. 

The 54-year-old country singer was admitted to a hospital for an illness called viral cardiomyopathy, which happens when a virus attacks the heart muscle and causes the heart to become enlarged and weakened.

Oftentimes the condition, which can lead to heart failure, is associated with things like high blood pressure and diabetes rather than a virus, medical authorities say.

"The most common cause of cardiomyopathy is coronary artery disease, but this can also be caused by things like hypertension, valvular heart disease, alcohol abuse, thyroid disease and numerous other causes" said Dr. Martha Gulati, a cardiologist at the Ohio State University Wexner Medical Center, in an interview with ConsumerAffairs. Gulati is not involved in Travis' treatment procedures.

If these other causes aren't found and if the patient recalls having an infection or fever preceding the onset of symptoms, "we usually then presume it is a viral cardiomyopathy. This is an infection of the heart, which ultimately weakens the heart."  

Viral cause

The flu can cause viral cardiomyopathy but the most common virus is  adenovirus, Gulati said. 

"Usually once it has affected the heart, symptoms will be shortness of breath, leg swelling and often have palpitations and fever and even chest pain. Some patients present with sudden cardiac death and then this diagnosis is made," she said.

Dr. Randall Starling, of the cardiovascular medicine department at the Cleveland Clinic, said although viral cardiomyopathy is fairly common, it can sometimes be hard to diagnose.

Additionally, Starling says that many times viral cardiomyopathy is given as a broad diagnosis if doctors aren't able to determine what's causing the size of the heart to increase.  

"Even if we took a biopsy of the heart or cultured it, we rarely make a 100% certain diagnosis that a virus caused it," said Starling in an interview with CBS News.

"In our world, this is one of the more common things we deal with. For the patient and the family, it's devastating, but it's a common scenario we deal with on a daily basis."

Experts say other symptoms of viral cardiomyopathy include parts of the body not getting enough blood and the lungs becoming filled with fluid. 

If the heart doesn't begin to function properly, long-lasting therapy and treatment will be needed. The odds?

"[It's] really hard to say at this point," she says. "It depends on whether his heart function recovers. But about 58% of people do recover spontaneously so this is encouraging."

The Travis case

As for Travis, doctors have yet to say whether his condition was caused by a virus something else. 

"Based on reports, which don't say much, we don't know if this is just viral or if alcohol could contribute in some way to his heart failure," said Gulati. "That is really the unknown part of this.

"Second, there is really no direct therapy for viral myocarditis aside from supportive care with medications we use for any cause of heart failure. Sometimes patients who don't recover from this will need a left ventricular assist device implanted into them or even need a heart transplant."

According to the Centers for Disease Control and Prevention, heart failure is the main cause of over 55,000 deaths each year in the United States. Currently, there are 5.7 million people in the U.S. living with the disorder.

The U.S. Food and Drug Administration is proposing what's called an “action level” of 10 parts per billion (ppb) for inorganic arsenic in apple juice -- the same level set by the Environmental Protection Agency (EPA) for arsenic in drinking water.

“We have been studying this issue comprehensively,” said FDA Commissioner Margaret A. Hamburg, M.D.. “and based on the agency’s data and analytical work, the FDA is confident in the overall safety of apple juice for children and adults.”

“While the levels of arsenic in apple juice are very low, the FDA is proposing an action level to help prevent public exposure to the occasional lots of apple juice with arsenic levels above those permitted in drinking water,” said Michael R. Taylor, the FDA’s deputy commissioner for foods and veterinary medicine.

The threshold is designed to provide guidance to industry. The agency takes the action level into account when considering an enforcement action, if it finds a food product exceeds the threshold.

Twenty years of monitoring

The FDA has been monitoring the presence of arsenic in apple juice for the past 20 years and has consistently found that samples contain levels of arsenic that are low, with few exceptions. New tools, however, have allowed the agency to better understand the breakdown between organic and inorganic arsenic levels.

Last year the agency released findings from its latest data collection and analysis of 94 samples of arsenic in apple juice. The analysis showed that 95 percent of the apple juice samples tested were below 10 ppb total arsenic; 100 percent of the samples were below 10 ppb for inorganic arsenic -- the carcinogenic form of arsenic.

The proposed level of 10 ppb takes into account this sampling data plus a recently completed, peer-reviewed risk assessment of inorganic arsenic in apple juice conducted by FDA scientists. The assessment is based on lifetime exposure.

Arsenic in nature

Inorganic arsenic may be found in foods because it is present in the environment, both as a naturally occurring mineral and because of activity such as past use of arsenic-containing pesticides. A known carcinogen, inorganic arsenic also has been associated with skin lesions, developmental effects, cardiovascular disease, neurotoxicity, and diabetes.

In conducting its new assessment on apple juice, the FDA was able to use data from two studies published in 2010, as well as a 2011 evaluation by the Joint Expert Committee on Food Additives and Contaminants of the Food and Agriculture Organization, part of the United Nations and the World Health Organization.

First officers, widely known incorrectly as "co-pilots," who fly for U.S. passenger and cargo airlines, will soon have to meet stiffer qualification standards.

A new rule from by the Federal Aviation Administration (FAA), will require first officers to hold an Airline Transport Pilot (ATP) certificate, requiring 1,500 hours total time as a pilot. They previously, were required to have only a commercial pilot certificate, which requires 250 hours of flight time.

The rule also requires first officers to have an aircraft type rating, which involves additional training and testing specific to the airplanes they fly.

"Safety will be my overriding priority as Secretary, so I am especially pleased to mark my first week by announcing a rule that will help us maintain our unparalleled safety record,” said Transportation Secretary Anthony Foxx. “We owe it to the traveling public to have only the most qualified and best trained pilots."

Colgan Air crash

The new regulations stem -- in part -- from the tragic crash of Colgan Air 3407 in February 2009, and address a Congressional mandate in the Airline Safety and Federal Aviation Administration Extension Act of 2010 to ensure that both pilots and co-pilots receive the ATP certification.

The new rule is one of several rulemakings required by the act, including the new flight duty and rest requirements for pilots that were completed in December 2011, and new training requirements expected this fall for air carrier training programs to ensure pilots know how to react properly in difficult operating environments.

"The rule gives first officers a stronger foundation of aeronautical knowledge and experience before they fly for an air carrier,” said FAA Administrator Michael Huerta. “With this rule and our efforts to address pilot fatigue -- both initiatives championed by the families of Colgan flight 3407 -- we're making a safe system even safer."

Rule highlights

The rule also includes:

• A requirement for a pilot to have a minimum of 1,000 flight hours as a co-pilot in air carrier operations prior to serving as a captain for a U.S. airline.
• Enhanced training requirements for an ATP certificate, including 50 hours of multi-engine flight experience and completion of a new FAA-approved training program.
• An allowance for pilots with fewer than 1,500 hours of flight time or who have not reached the minimum age of 23 to obtain a “restricted privileges” ATP certificate. A restricted privileges ATP certificate allows a pilot to serve as a co-pilot until he or she obtains the necessary 1,500 hours. The options are:
• Military pilots with 750 hours total time as a pilot;
• Graduates holding a Bachelor’s degree with an aviation major with 1,000 hours total time as a pilot;
• Graduates holding an Associate’s degree with an aviation major with 1,250 hours;
• Pilots who are at least 21 years old with 1,500 flight hours.

Michelin North America is recalling approximately 100,000 tires in order to retrieve an estimated 2,500 tires -- about 2.5 percent of the recalled population -- that could have partial or full sidewall perforations that could cause them to experience loss of air pressure.

No deaths, injuries or accidents have been reported in connection with these recalled tires.

The recall involves certain sizes of the MICHELIN LTX M/S2, MICHELIN X Radial LT2 and MICHELIN Latitude Tour tires sold primarily in the U.S., Canada and Mexico. The tires are typically found on light trucks and SUVs.

Owners of the affected tires (listed below) should visit an authorized Michelin retail location as soon as possible to have the tires replaced at no charge.

The tires being recalled are contained within the U.S. Department of Transportation (DOT) date ranges that appear on the tire sidewalls. The date range is represented by the four digit number to the far right in the sequence, with the first two digits denoting the week, and the last two digits representing the year.

For additional information or call Michelin Consumer Care, between 8 a.m. and 8 p.m. EST Monday – Friday at:

• USA: 855-851-4951 (language options: English and Spanish)
• Canada: 866-424-2638 (language options: English and French)
• Mexico: 01-800-062-0868 (language options: Spanish and English)

Competition is almost always good for consumers and that's especially true when it comes to tablet computers. Manufacturers continue to put out new models with improved features and functions.

But what's the best kind of tablet to buy, and what size? Apple created the category with its full-sized iPad but last year was forced to put out a seven-inch tablet to compete with a number of very good smaller devices.

Which model is the best? It depends on what you want to do with it and how much you want to spend. It also depends on who you ask.

Best all-around

Technology site CNET ranks the fourth-generation iPad, which retails for around $500, as the all-around first choice in tablets. If you are new to tablets this should be your first choice, the CNET editors say.

The site is also very high on the Google Nexus 7, with a seven-inch screen, as the best small tablet. It retails for around $200.

For consuming media the CNET editors choose the Kindle Fire HD, a middle ground between the iPad and Nexus 7 in both size and price. The Kindle Fire HD sports an 8.9 inch screen and retails for $269.

Consumer Reports has also rated tablets, suggesting your choice should reflect your priorities. If price and portability are tops, it says you should consider the Samsung Galaxy Tab with Wi-Fi. If access to the largest selection of apps is high on your list, it recommends the iPad.

Listen to consumers

While we won't quibble with these tech experts, you might also peruse consumer reviews of the models you are considering. Sandy, of Strathmore, Alberta, purchased a Google Nexus 7 tablet last December and started having problems with it six months later.

“During week of June 9-15, I could only open it with on button held for at least two minutes several times,” Sandy wrote in a ConsumerAffairs post. “From June 16-19, it would not open at all, I returned it to Best Buy to be informed their return policy is 14 days only and it shows nowhere on our receipt. I was told to contact the manufacturer. I tried to contact Asus and cannot reach anyone there,.It has become a nightmare.”

Dale, of Sweeny, Tex., is not all that impressed with his Asus Vivo Tab TF810C.

“I've had it about six months and it keeps breaking down,” Dale writes. “The system, with Microsoft Office and two-year protection plan, is well over $1,000.The system keeps losing Microsoft Office. Now I am sending it in to Asus (AGAIN) to have the second Atom Processor installed.”

Best places to buy

Once you've done your research and settled on the tablet that best meets your needs, you next have to decide where to buy it. Some people like to purchase from a brick and mortar store, giving them the opportunity to see and handle exactly what they are getting. There's a lot to be said for that but increasingly, tablets are being sold online.

Change Sciences Group, an Internet research company, recently ranked, not the tablets, but the companies selling them. For criteria it selected usability, engagement, and conversion. The results were a little surprising.

High marks for Amazon and Walmart

Despite Apple's sleek and simple approach to design, the researchers found people were 20% less successful finding and buying a tablet on its site compared to top performer Amazon, and 18% less successful than on Walmart.com.

But not all general merchandisers fared as well as Walmart and Amazon. For example, people shopping for tablets on Target were 10% less successful than Walmart, and 12% less successful than Amazon.

"In e-commerce, small differences in usability can have a huge impact on the bottom line,” said Pamela Pavliscak, a Change Sciences founder. “This research shows that although finding and purchasing a product is one of the most common consumer activities online, there are still significant differences in how the shopping experience is supported by major retailers."  

It's not exactly the Indy 500 but Toyota has been staging an automotive competition this summer, pitting eco-conscious drivers against each other to see who can wring the best mileage from their electric vehicles.

Called the Prius Plug-In MPG Challenge, it's a 30-day contest among seven eco-friendly groups and individuals. The goal is to raise awareness of the efficiency of electric vehicles in general and plug-in hybrids in particular.

Toyota is perhaps also hoping to energize sales of the Prius, which have slipped 5% through June. Sales of the Chevrolet Volt, by contrast, are up 12% and sales of Nissan's all-electric Leaf have tripled through June, according to Automotive News.

95 MPGe

The Prius Plug-in hybrid claims an EPA rating of 95 MPGe, or miles per gallon equivalent, an attempt to measure the average distance traveled per unit of energy consumer. It doesn't translate directly to the MPG that's normally applied to internal combustion engines but provides at least some comparison.

One way to wring the highest mileage out of a plug-in hybrid is to plan your trips and drive so that the car stays in the electric mode as much as possible, without switching to the gas engine, which is basically what the competitors in the Toyota contest are trying to do.

In the first phase of the competition, the Helping Hands Food Pantry, a donation-run group established by a local councilman and minister in Teaneck, N.J., that provides free, supplemental groceries to needy residents, claimed the top spot with an average of 356 MPGe over 506 total miles driven – 261 MPGe more than the vehicle’s official estimated average in EV Mode. As a reward, the Helping Hands Food Pantry will receive a $2,500 contribution.

Participants in the second wave of the Toyota Prius Plug-In MPG Challenge include various charities and eco-friendly activists from the New York area. 

To be eligible to win, participants must drive a minimum of 300 miles total and 75 miles each week. The highest overall MPG according to the Prius’ trip computer per 30-day challenge wins a $2,500 donation to the charity of their choice. Second and third place winners also receive charitable donations of $1,000 and $500. All participants will also receive a $200 gas card.

“The Prius Plug-In MPG Challenge is yet another opportunity for Toyota to demonstrate its commitment to educating drivers on how they can make an ecological difference in this world,” said David Christ, general manager of Toyota’s New York Region.

At this very moment, most kids in the U.S. are probably enjoying their summer vacation and thinking very little about the upcoming school year.

In fact, it may be safe to say that a lot of kids haven't thought about their school, textbooks or teachers since the last bell rang.

For the younger kids, it'll be their first time attending school, which can easily make them nervous.

Causes for concern

According to a 2011 survey conducted by Angus Reid, a Canadian public opinion polling firm, 42% of parents say their kids show signs of increased anxiety right before the new school year starts.

In addition, 54% said their child's anxiety comes from having a new teacher, 48% said their child is nervous about having a new class schedule and 40% said their child worries about getting too much homework.

It's not unusual

Dr. Stephen Whiteside, a child psychologist at the Mayo Clinic, says parents should tell their children it's okay to feel nervous about the first day of school.

"Most people get nervous when they face change, so it's normal for many kids to feel anxious about going back to school," he said. "One of the most helpful things you can do is reassure your children what they're feeling is normal."

Dr. Brad Schwall, a family counselor in Texas agrees, and says trying to convince a child that he shouldn't be nervous is the wrong thing to do.

"We have to understand that it's natural for our kids to be nervous, so denying and telling them they shouldn't be nervous doesn't help," said Schwall in an interview with a local news outlet.

In addition, he says it's important to prepare your child for the first day of school ahead of time. And it's essential to have conversations with her so she'll know what to expect.

Tell her who her teacher will be and explain things to her about school work and recess. Let know what time she'll be picked up. Explaining these things can help lower your child's anxiety level tremendously, says Schwall.

A clean break

When you drop your child off, it's important not to hang around, because it'll only make things tougher for both of you.

"Make a clean getaway," says Schwall. "Because if we're lingering in the classroom or we go back in and peek in the door [it's bad]. We need to show our child that the teacher is now there to care for him or her."

But be sure to say goodbye and don't just sneak out, say experts. You certainly want to leave quickly, but you don't want to dart out without your child knowing.

Saying the right thing

Schwall says talking to your children about the school day when it's over will only make them feel more secure.

Saying things like, "I told you there was no reason to be nervous," is the wrong thing to say, because it could make your child feel like he did something wrong by feeling nervous.

In addition, Whiteside says you should get a strong sense of what makes your child feel nervous about school. This will allow you to tailor your conversations accordingly, so you can help your child get rid of his fears.

Back to school routine

For older children who have already been to school, Whiteside says you should start getting them back to their school routine ahead of time. 

One thing he suggests is contacting your child's school friends, so everyone can hang out, which can help your child feel much better about his first day. 

Having a conversation with your child's teacher can help, too. If your child knows what to expect at the beginning of the school year, he'll be able to prepare both mentally and academically. 

If your child continues to have anxiety, you should talk with your family doctor or your child's pediatrician, says Whiteside.

Confidence building

Dr. Robyn Silverman, a child and adolescent development expert, said putting children in activities like sports can help build their confidence, which can help them with their fears about school. She calls these activities "positive risk taking."

"Positive risk taking happens when you are involved with sports or martial arts or drama classes. When you know that you can get up in front of other people, and you can do something that makes you feel successful--that you're getting rewarded for," said Silverman in a TV interview.

"But you're also doing something that lets you know you can be successful but you can also fail. You can fail, you can get up and you can dust yourself off and then you can be successful again."

A judge presiding over a suit against the National Football League (NFL) focusing on players’ concussions has ordered lawyers for both sides into mediation in the hopes of reaching a settlement. The order was handed down by Judge Anita Brody of the U.S. District Court for the Eastern District of Pennsylvania.

The suit, originally filed in 2011, was brought on behalf of 4,200 former NFL players who say concussions they suffered while playing football have led to a number of serious brain-related medical issues.

The NFL says that, under the terms of the Labor Management Relations Act, the case cannot be litigated in court, but rather must be handled in arbitration.

Brody’s order names Layn Phillips, a retired judge from the U.S. District Court for the Western District of Oklahoma, as the mediator.

Prospects unclear

Gabriel Feldman, who directs Tulane Law School’s Sports Law Program, told The New York Times that he doubted the mediation would produce a settlement.

“[Phillips] might bring them closer, but to what? This is complex litigation," Feldman told the Times. "A settlement here would be dollars going to the plaintiffs, and I'd be surprised at this early a stage for the NFL to give a large settlement."

The plaintiff’s complaint alleges that the NFL “continuously and vehemently denied that it knew, should have known or believed that there is any relationship between NFL players suffering concussions while playing ... and long-term problems such as headaches, dizziness, dementia and/or Alzheimer's disease that many retired players have experienced."

Physical and emotional suffering

The case has been explosive from the start, involving tales of physical suffering and emotional heartache for former NFL players and their families.

The players’ injuries range from Alzheimer’s and dementia to depression to Lou Gehrig's Disease to kidney disorders to recurring seizures.

Lead plaintiff Ray Easterling, whose lawyer filed the suit in August 2011, killed himself the following year. Easterling had struggled with insomnia and depression and, ultimately, increasing memory loss. In 2011, he was diagnosed with dementia.

Topiramate is a drug, also marketed under the brand name Topamax, that is used to treat certain types of seizures in people who have epilepsy. Topiramate is also used with other medications to control seizures in people who have Lennox-Gastaut syndrome, a disorder that causes seizures and developmental problems.

It can also be used to prevent migraine headaches. It's in a class of medications called anticonvulsants. It works by decreasing abnormal excitement in the brain and is a widely and successfully used drug.

The drug is now generic and is produced by different pharmaceutical companies. Carol, of Lafayette, La., reports taking 100 mg twice daily for sciatic nerve pain.

“I was getting Topiramate by Teva Pharmaceuticals and I was having very little discomfort once I went from once a day to twice a day dosing,” she writes in a ConsumerAffairs post. “The last few times I have received my prescription, however, I got a prescription filled by Zydus Pharmaceuticals with a round white pill.”

Trouble sleeping

Carol says she began to notice changes. It started with her sleep pattern.

“For somebody that doesn't sleep all that well to begin with I started being up at two and three in the morning with aching legs and my back really hurting,” she writes. “I didn't think of it being the medicine at that time. Then this month when my legs and my back have hurt to the point that I am in tears I knew something was wrong. I was taking my medicine and nothing was different with my life style so the only thing that is different since I began hurting is this white pill.”

She says the previous prescription she had for topiramate, which was a yellow oblong pill, worked well. She would like to have it back. Sage, of Anaheim, Calif., said he took tramadol before switching to Teva's topiramate. He's now taking it from the new manufacturer.

“Since they switched my meds to Zydus I have headaches, immediate weight gain, I'm super irritable, and the meds are ineffective in general,” he writes. “I hope they don't make me stay with Zydus!”

More headaches

Katie, of Taylorsville, Utah, says she takes the Zydus 100mg topiramate tablets for her headaches. She says they are no longer as well-controlled as they once were.

“Whether this is due to the concentration of active ingredient in the medication is uncertain to me, but that is what I suspect,” Katie posted. “I have found some 50mg tabs from a different manufacturer in my travel bag and for about one week have taken one of these with one 100Mg Zydus topiramate tab and this has helped better than the other combinations mentioned above.

Cheryl, of Louisville, Ky., recently switched over to the topiramate 100mg tablets from Zydus. She and her husband began noticing changes.

“My emotions are out of control,” she writes. “Anger and depression off the charts. Finally I decided to get to the bottom of the situation, the change in my topiramate is the only new thing, it has to be the problem. I called Walgreens, they told me they have not received any complaints about this manufacturer. After reading all this online, I find that hard to believe.”

Side effects

What could be behind these reports? Drugs are known to have side effects and topiramate is no different. In fact, according to the National Institutes of Health (NIH), the list of potential side effects for this drug is extensive. They include:

• numbness, burning, or tingling in the hands or feet
• slowed reactions
• difficulty concentrating
• speech problems, especially difficulty thinking of specific words
• memory problems
• lack of coordination
• confusion
• nervousness
• aggressive behavior
• irritability
• mood swings
• depression
• headache
• drowsiness
• weakness
• weight loss
• increased saliva
• back, muscle, or bone pain
• difficulty falling or staying asleep

Some of these side effects were mentioned by the patients posting at ConsumerAffairs. It may be possible that a change in dosage could result in new sensitivity. Anyone who notices new side effects when their medication is altered in any way should inform their doctor immediately.

Consumers who bought from Skechers toning shoes that the company promoted through allegedly deceptive advertisements will be getting some of their money back.

An administrator working for the Federal Trade Commission (FTC) is in the process of mailing out 509,175 checks. The amount consumers will receive is based on the portion of their claims that was approved. The checks must be cashed on or before October 10, 2013.

As part of its efforts to put a halt to overhyped health claims, the FTC alleged that Skechers deceptively advertised its toning shoes -- including making unfounded claims that its Shape-ups shoes would help people lose weight, and strengthen and tone their buttocks, legs and abdominal muscles. The FTC claimed that in addition to Shape-ups, Skechers made deceptive claims about its Resistance Runner, Toners and Tone-ups shoes.

Under the terms of the FTC settlement, the funds were distributed through a court-approved class action lawsuit.

Consumers with questions may call 1-888-325-4186.   

Texas has sued a Beaumont senior dating service, Matchmaker Matchmaker, charging it uses "high pressure sales tactics" to sign up customers at prices as high as $10,000.

It says the company uses "coercive and at times physically intimidating tactics to convince prospective senior citizen clients and others to sign expensive 'membership agreements' for their services, costing $3,000 to $10,000."

Luna has operated dating services under various names, including Matchmaker, Two of Us, 2 of a Kind, and Together Dating.

In his lawsuit, Texas Attorney General Greg Abbott says Luna uses "dating mining" to find potential customers and also sells leads and customer contact information to other businesses and also uses the information for telemarketing calls, even though the company is not a registered telemarketer in Texas, Courthouse News Service reports.

The lawsuits charges that Matchmaker's sales staff is "trained in dubious and aggressive recruitment practices," including false claims that Matchmaker has a database of thousands of potential dates, is affiliated with the Better Business Bureau and does psychological evaluations of all its potential members.

"Customers, mostly senior citizens, complain that they are kept in a room at Matchmaker defendants' business for hours to listen to high pressure sales tactics until they agreed to sign a 'membership agreement.' Consumers report that defendant Luna has physically placed himself between the consumer and an exit and even placed his hands on a 65-year-old female customer and told her that he would not let her leave until she signed up for the program," the lawsuit states.

Prices one step shy of the consumer level shot higher in June, do largely to a surge in energy costs.

The Labor Department reports its Producer Price Index (PPI) was up 0.8% last month, following a gain of 0.5% in May and a drop of 0.7% in April. Analysts had been calling for a more modest June advance of 0.3%

Energy and food on the rise

A 2.9% rise in energy costs was a major factor in the overall PPI surge. That constituted the the largest advance rise since a 3.2% increase in February 2013. The June was largely due to 7.2% in gasoline costs. Prices for home heating oil and diesel fuel were higher as well.

Food prices were higher in June, rising 0.2% following a 0.6% increase in May. The June rise was led by a 4.2% jump in the cost of meat.

The core rate of inflation, which strips out the volatile energy and food sectors, move up 0.2% -- the straight monthly advance.

The full PPI report for June is available at the Bureau of Labor Statistics website.

Commercial airlines flying within the U.S. had a little trouble getting off the ground during May.

According to the Transportation Department’s Air Travel Consumer Report, carriers reported five tarmac delays of more than three hours on domestic flights. However, there were no tarmac delays of more than four hours on an international flight during the month.

The 16 airlines that file on-time performance data say 79.4% of their flights arrived on time in May, compared with the 83.4% on-time rate from May 2012 and the 77.3% mark posted a month earlier.

The report also includes data on cancellations, chronically delayed flights, and the causes of flight delays. In addition, there is information on mishandled baggage reports filed by consumers with the carriers, and consumer service, disability, and discrimination complaints.

The complete report can be found on the Department of Transportation website.

Staples the Office Superstore LLC, of Framingham, Mass., is recalling about 3,350 Bermond fabric manager's chairs.

The base of the chair can break, posing a fall hazard. The company has received 41 reports of the chairs’ base breaking, including three from consumers who reported falling out of the chairs with one receiving a scratched leg and bump to the back of the head.

The office chairs with unpadded arms have a five-wheel base and come in two colors: gray and burgundy. A tag on the bottom of the seat cushion has the SKU and item numbers printed on it: the gray SKU is 924204 with item number 21084; and the burgundy SKU is 924203 with item number 21083.

The chairs, manufactured in China, were sold at Staples.com and online via Staples’ in-store kiosks, Staples Advantage, Quill.com and Medical Arts Press between July 2011, and May 2013, for about $50 to $100.

Consumers should stop using the chairs immediately and contact the firm for instructions on returning them for a full refund. Staples is contacting all known customers directly to provide this information.

Consumers may contact Staples toll free at (888) 577-9824 from 8:00 a.m. to 8:00 p.m. ET Monday through Friday.

Dawna Basha felt agitated and alone. Her family told her she was becoming obsessed about problems with her LG washing machine. "Get over it," they told her. The repairmen LG sent to her suburban Phoenix home told her she wasn't washing her clothes properly, but this didn't sound right to Basha.

"I'm 58 years old, I have four children and four grandchildren. I've done so many loads of laundry, I just know this machine's not right," she insisted.  

The machine was recalled in December 2012 but Basha said that didn't solve the problem. A repairman adjusted the machine and slapped on a sticker saying not to wash waterproof or water-resistant items in it but she said the machine still took forever to run through a cycle, smelled moldy and didn't get the clothes clean.   

Then Basha found ConsumerAffairs and learned that nearly 1,000 other consumers had posted comments and complaints about their LG washer, a sleek model that works without the agitator that has been a fixture in washing machines for as long as anyone can remember. 

The company calls this lack of an agitator "WaveForce technology" and says it "uses rapid drum movement and powerful water jets to provide a revolutionary washing and rinsing experience." It even brags about its "TrueBalance anti-vibration system" that it says reduces noise and vibration, an assertion many consumers might question.

Trouble since Day One

"The first time, I thought maybe it's not level or something," Basha said. "The machine shook and gave me all kind of signals that I didn't understand." Technicians came and went, each time telling Basha her floor wasn't level, she was putting the soap in the wrong place, and so forth. "It always something we're doing wrong," she said.

This would all sound pretty familiar to "L" of Fort White, Fla., who posted to ConsumerAffairs July 9, saying she too had gotten off on the wrong foot with her new LG washer.

"I did the first load which spewed soapy water on the floor. I did subsequent small loads with no overflow. The dispensers retain clear water after cycle completed. I contacted LG to question why the water remains in the dispensers and why the overflow. I was informed that I used too much soap which caused the overflow," L said. "This is my second LG, and I am no dummy. I know how to fill the soap dispenser to the 'normal' or 'max' levels."

L said the company service rep was very familiar with the issue: "We have already sent this numerous times to the designers," L said the rep told her. This didn't make L feel any better. "What? They know about the problem, continue to produce the product using the same improper guides in the manual?" she said.

Basha said her machine has already started to rust because of the water that remains after a load of wash is done. L asked the LG rep about the stagnant water as well.

She said the rep told her: "That is normal. The dispenser dispenses by overfilling the drawer, that is why there is water remaining at the end."

"Of course!" said L. "We all want stagnant water to sit in the drawer possibly turning moldy and smelly to be dispensed into the next load of wash! I am absolutely incredulous!"

About that recall

The December 2012 safety recall of 457,000 LG and Kenmore Elite washers didn't address the issues of clothes not getting clean or water remaining in the machine. Those aren't safety issues, after all. Rather, it was the result of reported instances of the machine shaking excessively, causing the drum to come loose, not something you'd expect in a machine with a "TrueBalance anti-vibration system."

LG said at the time that it had received 343 reports of the machines vibrating excessively, including 187 instances of property damage and one injury.

Technicians made adjustments and also plastered a sticker on the machines warning that consumers should not wash waterproof or water-resistant clothes.

"So now I have a washing machine in which I cannot even wash a mattress cover or my child's snowpants," said Carla Coker in a Facebook posting after reading about the recall on ConsumerAffairs. "I didn't pay good money for this machine so that I can hang out at the laundromat."

"I understand that things don't last very long these days," said Basha who paid $849 for her washer. "But if young people buy this, they're going to think clothes are supposed to come out smelling moldy. I have to wash my sheets and towels two or three times because I can smell them coming out of the machine."

LG did not respond to an email seeking comment.

There's growing optimism about the job market. The June employment report showed the economy produced nearly 200,000 jobs during the month. Sustained job growth at that level, experts say, will speed economic recovery.

But if you are out of work and looking for the kind of job you might have had five or 10 years ago, it might be harder to find a job than the numbers suggest. Unemployment is still at 7.6% and has been over 7.3% since the end of 2008. The number of people out of work remains at 11.8 million – the same number as in February. More than 4.3 million people have been out of work for at least six months.

If you need a job you might be best served by looking for a part-time job or signing up with a temporary agency. The employment report shows 28 million Americans were working part-time in June, suggesting employers might be more likely to bring you on part-time than full-time.

Growing trend

In addition, Kelly Services, a temp agency, is growing as a supplier of temporary employees. Some recent press reports in the wake of the latest employment report called Kelly America's second-largest employer, after Walmart, but in a Tweet, the company said that is not true. However, a record 2.7 million Americans are now temporary employees and the trend appears to be growing.

Why would you consider a temporary job? Because it might be your best chance of producing an income stream in the near future. True, you might need the benefits that a full-time position would offer, but those jobs are increasingly hard to find. There's also the fact that many former temp workers say they ended up with full-time job offers after a company saw what they could do as a temp.

Where do you find temporary jobs? In addition to Kelly Services, there are a number of other national and local temporary employment agencies. A few specialize. Express Employment Professionals, for example, specializes in placing candidates with experience in accounting, engineering, information technology, and other professional fields in short- or long-term contract work or full-time positions.

Temp staffing a growth business

Express also happens to be a franchise, meaning individual staffing centers are independently owned. Because of its business model, its corporate growth is an easy way to track the growing demand for temporary employees. The company reported record growth in the first quarter of 2013, awarding 24 new franchises for a total of 629 locations.

“This was the best quarter for franchise sales in company history,” said Bob Funk, Chairman and CEO of Express.

Funk said the company had screened more than 2,000 potential franchisees in the first three and a half months of the year.

Traditional employment websites also have plenty of temporary work. A recent check of Careerbuilder.com showed nearly 20,000 temporary positions available. They range from a temporary medical assistant earning $13 to $15 an hour to a senior accountant, earning $17 to $25 an hour.

Not exactly what you had in mind? Well, consider the latest data on U.S. job openings, from the U.S. Bureau of Labor Statistics. There were 3.8 million job openings on the last business day of May, little changed from April. The biggest increase in job openings? Retail trade.

The government data also shows that staffing firms added 9,500 new jobs from May to June, rising 0.4%. In a year-to-year comparison, temporary help employment for the month was 6.7% higher than in June 2012.

"In this slowly growing economy, businesses continue to strategically increase the size of their permanent and flexible work forces," said Richard Wahlquist, president and CEO of the American Staffing Association, a trade group representing temporary staffing businesses.  

Just when you thought there were no new ideas, along comes Ida Tin, the founder of Clue, a new iPhone app that tracks women's menstrual cycles and could help prevent inadvertent pregnancies. It could also help women become pregnant, Tin thinks.

"Our ultimate aim is to replace the birth control pill, or at least give an alternative," Tin said in published reports. 

The app basically tracks women's menstrual cycles and tells them when they are most fertile. What an individual woman does with that information is up to her.

Women enter data about their mood, pain levels and other factors, which help the app learn and predict their cycles. There are plenty of apps out there that already do this but Tin says they're not very accurate.

Clue designer Mike Lavigne, formerly with Frog Design, said at a recent venture forum that many of the other apps are more like party favors than actual tools that can be used to make important life choices. Clue is built around an algorithm that takes many factors into account, he said.

“We’ve had a lot of doctors involved from engineering backgrounds, model experts, and also fertility experts as well,” Lavigne said, according to VentureVillage.

Tin and her team are also working on a hardware version of Clue, something that would be much more detailed than the iPhone app, a tool that could build a long-term relationship with its users.

"The market for women desperately trying for a child, that’s a very lucrative market. But really what we want to do is take women by the hand, from the onset of their journey, and all the way through,” Tin said.

More details in this company-produced video:

The changes just weren't enough.

That's the verdict from the Insurance Institute for Highway Safety (IIHS) on the 2013 Toyota RAV4.

Even though the automaker made additional changes to models of the small SUV built after April to better control the stability of the steering column and to provide extra padding under the footwell carpeting, the RAV4 earned a poor rating for its performance in the IIHS small overlap front crash test.

IIHS determined that the changes weren't enough to lift the vehicle's performance, saying that a combination of poor structure and inadequate control of the dummy's movement prevented the RAV4 from earning better than a poor rating overall.

Missing the mark

The driver's space was seriously compromised by intruding structure, according to the testers, and the dummy's left foot was trapped by crushed and buckled sheet metal in the footwell. Injury measures on the dummy indicated a high risk of injury to the lower left leg.

The dummy's head barely contacted the frontal airbag before sliding off the left side as the steering column moved more than 7 inches to the right, resulting in little airbag cushioning for the chest.

Additionally, the safety belt allowed excessive forward movement of the dummy's head and torso, contributing to the head hitting the instrument panel.

Testing delay

IIHS released results for 13 other small SUVs in May, but delayed testing the RAV4 because Toyota was making changes to the redesigned model. If design changes are imminent, the institute delays tests to ensure that ratings don't soon become obsolete. The practice also encourages automakers to improve designs more quickly.

In the earlier tests of small SUVs, only the Subaru Forester and Mitsubishi Outlander Sport earned a good or acceptable rating for occupant protection in a small overlap crash and qualified for the IIHS Top Safety Pick+ designation. Eleven other small SUVs are rated marginal or poor.

"This is a challenging test," says IIHS President Adrian Lund. "Most manufacturers are going to need to make significant changes to their vehicles in order to improve protection in these kinds of serious frontal crashes."

Test added

The institute added the small overlap test to its lineup of vehicle safety evaluations last year. It replicates what happens when the front corner of a vehicle strikes another vehicle or an object like a tree or a utility pole. In the test, 25 percent of a vehicle's front end on the driver side strikes a 5-foot-tall rigid barrier at 40 mph. A 50th percentile male Hybrid III dummy is belted in the driver seat.

The 2013 RAV4 previously earned the Top Safety Pick award for good ratings in the Institute's four other tests -- moderate overlap front, side, rollover and rear.