Current Events in November 2013

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    Toyota, Subaru win value-retention sweepstakes for 2014

    Trucks do well, electric cars not so well in latest Kelley Blue Book ratings

    Cars are expensive, so besides finding a model that's safe and gets good fuel economy, it's important to find one that will hold the highest percentage of its original value.

    And for the 2014 models, Toyota is most likely to do the best job of value retention over the first five years, according to Kelley Blue Book.

    Toyota's 60-month average residual value improved 2.1 percentage points from last year to 46.1 percent, expressed as a percentage of the manufacturer's suggested retail price (MSRP).  With strength in its overall residual value average for 2014, this marks the third consecutive win for Toyota and fourth overall Best Resale Value: Brand win for the automaker since the inception of the Kelley Blue Book Best Resale Value Awards in 2003. 

    Subaru was less than one percentage point away from Toyota and was ranked second among non-luxury brands.

    Toyota's more refined sibling, Lexus, improved nearly 2 percentage points to 45.6 percent retained value after five years, helping the luxury brand  to keep its Best Resale Value: Luxury Brand title for the third consecutive year.  Lexus outperformed its closest competitor, Audi, by more than 6 percentage points. 

    "Lexus' full lineup had 60-month residual values above its segment averages, except for the GS 450h," said Eric Ibara, director of residual value consulting for Kelley Blue Book.  "Lexus dominates the luxury categories, placing one of its vehicles at the top of its segment six times; a feat none of its competitors can match." 

    Overall, 60-month residual values for all 2014 model-year vehicles averaged 39.7 percent.  This represents an increase of 1.5 percentage points compared to the 2013 model-year averages from the same period last year. 

    Trucks do well, EVs not so well 

    For the 2014 model year, trucks continue to hold their value better than cars, with the average 60-month residual value across all trucks at 41.7 percent compared to the 37.8 percent average across all cars.  Pickup truck segments, both mid-size and full-size, have the highest segment residual values after five years.  

    In contrast, pure electric vehicles like the Nissan Leaf and Ford Focus EV have not been in high demand by consumers who have enjoyed moderate fuel prices during the past 12 months.  The federal tax credit available on these vehicles also depresses used-car values, which contributes to the Plug-In Vehicles segment's lowest average 60-month residual value at 28.7 percent.   

    2014 Toyota CorollaCars are expensive, so besides finding a model that's safe and gets good fuel economy, it's important to find one that will hold the...

    Google announces anti-child porn initiative

    Changes to search algorithms, increased human oversight, and more

    There are changes coming to Google, though (fortunately) most everyday users shouldn’t notice anything different: Google Chairman Eric Schmidt has announced that the company is altering its search algorithms in hopes of making it harder to find or share child pornography. The company is also making extensive use of Microsoft image-recognition technology.

    Schmidt explained the new plan in a piece he wrote for the UK's Daily Mail on Nov. 17. (The announcement first appeared in a British rather than American newspaper because the company’s actions are presumably in response to various anti-child-pornography initiatives by UK prime minister David Cameron, after two particularly brutal real-life child murders last year).

    Google is approaching the problem from four angles. The first two are “cleaning up search” in hopes of preventing child-abuse links from appearing in search results, and “deterrence” via pop-up legal warnings that will appear if anyone searches for possibly illegal content. These two are to be achieved automatically, via changes in the search algorithms.

    For the third category, “detection and removal,” Schmidt admitted that “There's no quick technical fix” because “computers can't reliably distinguish between innocent pictures of kids at bathtime and genuine abuse. So we always need to have a person review the images.”

    If a human viewer determines that a picture or video is indeed pornographic or otherwise indicative of abuse, the image will be given a “digital fingerprint” allowing the company to recognize it anytime it appears on a computer. And, of course, the three previous categories all fall under the aegis of “technical expertise,” which both Microsoft and Google have in abundance.

    We certainly don’t envy whichever Google employees -- or, more likely, contract workers -- end us tasked with the job of looking at photos of children all day to ferret out signs of sexual abuse. But Schmidt’s emphasis on human oversight is likely meant to assuage any censorship or civil-liberty concerns the plan might raise.

    There are changes coming to Google, though (fortunately) most everyday users shouldn’t notice anything different: Google’s CEO Eric Schmidt ann...

    Google settles privacy violations for $17 million

    States charged Google circumvented privacy settings on Apple's Safari web browser

    Google has agreed to pay $17 million to settle charges that it violated consumers' privacy by tracking the web usage of Apple customers who thought their Safari web browser's privacy settings protected them.

    “Privacy is paramount,” said Washington State Attorney General Bob Ferguson, one of 37 state AGs who prosecuted the case against Google. “If a business improperly intrudes on consumers’ privacy, the Attorney General’s Office will pursue them.”

    Google altered its coding to circumvent the Safari default privacy settings, without consumers’ knowledge or consent. This allowed advertisers to set third-party cookies on consumers’ Safari browsers, despite the fact those users believed their privacy settings protected them.

    Through its DoubleClick advertising platform, Google’s search engine generates revenue by helping to transmit third-party advertising ‘cookies’ — small files set in Internet users’ Web browsers — that allow advertisers to gather information about those users. Depending on the type of cookie, the information collected could include the user’s web surfing habits and location.

    Apple’s Safari Web browser generally blocks third-party cookies in its default privacy settings, including cookies used by DoubleClick to track a consumer’s browsing history.

    Unfair practices

    From June 1, 2011 until February 15, 2012, Google altered its DoubleClick coding to circumvent the Safari default privacy settings, without consumers’ knowledge or consent. This allowed advertisers to set third-party cookies on consumers’ Safari browsers and gather information, despite the fact those users believed their privacy settings protected them.

    Google disabled this coding method in February 2012 after the practice was widely reported on the Internet and in media.

    Washington and other states alleged that Google failed to inform Safari users that it was circumventing their privacy settings. They also allege Google misled consumers through earlier representation that cookies were automatically blocked for Safari users.

    The attorneys general also alleged Google violated state consumer protection and related computer privacy laws by circumventing Safari’s default privacy cookie-blocking settings.

    $17 million

    Google has agreed to pay the states $17 million to settle the case. The funds may be used for civil penalties, attorneys’ fees and future consumer protection education.

    Google also agreed to injunctive relief that requires the following: 

    • Refrain from using code to override a browser’s cookie blocking settings without the consumer’s consent unless it is necessary to detect or prevent fraud, security or technical issues.
    • Not misrepresent or omit information about how Google connects advertisements to consumers’ browsers.
    • Improve provided information regarding cookies, their purposes, and how they can be managed by consumers using Google’s products or services and tools.
    • Maintain systems designed to ensure the expiration of the third-party cookies set on Safari Web browsers during the period that Google had circumvented the default settings.

    States involved

    Washington was part of a 10-state executive committee that led the investigations, which also included Connecticut, Florida, Illinois, Ohio, Maryland, New Jersey, New York, Texas and Vermont. The multi-state settlement also included Alabama, Arizona, Arkansas, California, District of Columbia, Indiana, Iowa, Kansas, Kentucky, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Nebraska, Nevada, New Mexico, North Carolina, North Dakota, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Virginia, and Wisconsin.

    Google has agreed to pay $17 million to settle charges that it violated consumers' privacy by tracking the web usage of Apple customers who thought their S...

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      Ready, set -- go!!

      Shoppers are gearing up for the annual Thanksgiving weekend assault

      Thanksgiving falls as late this year as the calendar possibly allows and that has holiday shoppers already mapping their strategies for the big shopping weekend.

      A preliminary Thanksgiving weekend shopping survey by the National Retail Federation (NRF) finds up to 140 million people plan to or will shop over the weekend (Thursday, Friday, Saturday and Sunday) -- down slightly from the 147 million who planned to do so last year.

      In this survey, NRF asked if people plan to shop on Thanksgiving Day, and of those who plan to shop that weekend, nearly one-quarter (23.5%) or 33 million people plan to shop on Thanksgiving Day.

      “Though many people have already started to check off items from their holiday shopping lists, we fully expect to see many more come out on Thanksgiving Day and throughout the weekend to take in the festive sights and sounds -- and to take advantage of unbeatable deals,” said NRF President and CEO Matthew Shay. “As the official kick off to the holiday season, retailers are prepared to pull out all the stops for their online and in-store shoppers, including offering sweepstakes with cash prizes, free gifts with purchase and even exclusive opportunities to score top gift items before everyone else.”

      Bracing for Black Friday

      According to the survey, Black Friday will be the biggest day of the weekend: 69.1% of those asked (approximately 97 million) plan to shop on Black Friday. Additionally 43.8% (61 million) will shop on Saturday and 24.2% (34 million) will shop on Sunday. And, of those who plan to shop on Thanksgiving Day this year, seven in 10 (69.2%) say they shopped online and in stores on Thanksgiving in 2012.

      “Savvy shoppers know that the biggest shopping weekend of the year means even bigger savings, and those with specific gifts to buy will definitely be out and about or online over the holiday weekend,” said Prosper’s Consumer Insights Director Pam Goodfellow. “Though most will adhere to a very strict budget and will make thoughtful decisions about the gifts they purchase, it’s evident that Americans are in the holiday spirit, despite their cautious approach to spending.”

      When it comes to the many ways that savvy shoppers plan to keep up with retailers’ holiday promotions, the classic advertising circular wins again: half (49.1%) will scour newspapers for information about upcoming sales events. However, many people are still very much tuned into retailers’ digital news: 33.5% will look for special emails from retailers, 27.0% will follow retailers’ websites and 21.9% will scour coupon websites to look for deals.

      The online factor

      Shoppers can look forward to numerous online, mobile and in-store promotions from retailers for Thanksgiving Day and Black Friday weekend. According to Shop.org’s eHoliday survey conducted by Prosper Insights & Analytics, half of retailers surveyed (51.1%) are planning to start their Thanksgiving weekend online promotions at least five days before the big weekend. Recognizing the growing trend among consumers to shop online on Thanksgiving Day, 53.5% say they will offer promotions specifically for that day.

      Over the course of Black Friday weekend, retailers will tout a variety of offers, including special email campaigns (44.2%) and one-day sales (41.9%), but consumers will also benefit from a “freebie with purchase” promotions (23.3%), free standard shipping on all purchases (20.9%) and discounted shipping (20.9%).

      Thanksgiving falls as late this year as the calendar possibly allows and that has holiday shoppers already mapping their shopping strategies for the big we...

      A drop in airline consumer grievances

      Both year-over-year and monthly performances show improvement

      Things have apparently become a little better for the flying public.

      Consumer gripes about airlines filed with the government were down 14.1% during the first nine months of this year from the same period in 2012.

      The Transportation Department's (DOT) Aviation Consumer Protection Division received 10,439 consumer reports from January to September 2013, versus the total of 12,153 filed during the first nine months of 2012. In September, there were 1,008 gripes about airline service from consumers, down 6.8% from the 1,081 reports filed the year before and down 23.5% from the 1,318 received in August.

      The consumer report also includes data on tarmac delays, on-time performance, cancellations, chronically delayed flights, and the causes of flight delays, along with information on airline bumping, mishandled baggage reports filed by consumers with the carriers, and consumer service, disability, and discrimination reports. Reports of incidents involving the loss, death, or injury of pets traveling by air, are also covered.

      The complete report is available on the DOT website.

      Things have apparently become a little better for the flying public. Consumer gripes about airlines filed with the government were down 14.1% during t...

      Be thankful for cranberries; study finds they have health-giving properties

      Heart, urinary and gastrointestinal tract benefit from cranberries, researchers report

      Cranberries are a staple of Thanksgiving dinner but a new study finds they also have remarkable nutritional and health benefits. A new research review published in the international journal Advances in Nutrition provides reasons why these tiny berries can be front and center and not just a side dish.

      The review authors conclude that cranberries provide unique bioactive compounds that may help reduce the incidence of certain infections, improve heart health and temper inflammation.

      "Hundreds of studies show that the bioactive compounds found in cranberries improve health," said lead author Jeffrey Blumberg, PhD, Director of the Antioxidants Research Laboratory and Professor in the Friedman School of Nutrition Science and Policy at Tufts University. "For example, the polyphenols found in cranberries have been shown to promote a healthy urinary tract and exert protective benefits for cardiovascular disease and other chronic conditions."

      Flavanols

      Based on the totality of the published cranberry research, the authors concluded that the cranberry fruit is truly special because of their "A-type" flavanols, in contrast to the B-type flavanols proanthocyanidins present in most other types of berries and fruit.

      The A-types appear to provide the anti-adhesion benefits that help protect against urinary tract infections, which affect more than 15 million U.S. women each year. They present evidence suggesting that cranberries may also reduce the recurrence of the infections – an important approach for relying less on antibiotic treatment for the condition.

      While all fruit contributes necessary vitamins and minerals to the diet, berry fruits offer a particularly rich source of health-promoting polyphenols. Because of their tart taste and very low natural sugar content, sugar is often added to cranberry products for palatability. Even with added sugar, cranberry products typically have a comparable amount of sugar to other unsweetened fruit juices and dried fruit products.

      Additionally, the 2010 Dietary Guidelines for Americans asserts that the best use of calories from added sweeteners is for improving the palatability of nutrient-rich foods, as is the case when adding sugar to cranberries.

      Ten worldwide experts in cranberry and health research contributed to the article, including scientists and medical experts from Tufts University, Pennsylvania State University, Boston University, Rutgers University, French National Institute for Agricultural Research, University of East Anglia in the United Kingdom and Heinrich-Heine-University in Germany. The authors included more than 150 published research studies to create the most thorough and up-to-date review of the cranberry nutrition and human health research.

      Cranberries are a staple of Thanksgiving dinner but a new study finds they also have remarkable nutritional and health benefits. A new research review...

      Most teens with mental health issues get no treatment

      Fewer than half receive treatment from a mental health specialist

      After mass shootings or other violent incidents involving young males, there is a brief discussion of the need for better mental health treatment but as a new study makes clear, discussion is about all there is.

      More than half of adolescents with psychiatric disorders receive no treatment of any sort, according to the study conducted by E. Jane Costello, a Duke University professor of psychology and epidemiology and associate director of the Duke Center for Child and Family Policy. When treatment does occur, the providers are rarely mental health specialists, says the study, which was based on a survey of more than 10,000 American teenagers.

      "It's still the case in this country that people don't take psychiatric conditions as seriously as they should," Costello said. "This, despite the fact that these conditions are linked to a whole host of other problems."

      Costello noted that not all teens in the study fared the same. Treatment rates varied greatly for different mental disorders, for instance. Adolescents with ADHD, conduct disorder or oppositional defiant disorder received mental health care more than 70 percent of the time. By contrast, teens suffering from phobias or anxiety disorders were the least likely to be treated.

      Results also varied greatly by race, with black youths significantly less likely to be treated for mental disorders than white youths.

      Wide variations

      The care that teenagers received also varied greatly. In many cases, care was provided by pediatricians, school counselors or probation officers rather than by people with specialized mental health training. There simply are not enough qualified child mental health professionals to go around, Costello said.

      "We need to train more child psychiatrists in this country," Costello said. "And those individuals need to be used strategically, as consultants to the school counselors and others who do the lion's share of the work."

      The study draws on data from the National Comorbidity Survey Adolescent Supplement, a nationally representative face-to-face survey of 10,148 adolescents between the ages of 13 and 17. It was published online Nov. 15 in Psychiatric Services.

      After mass shootings or other violent incidents involving young males, there is a brief discussion of the need for better mental health treatment but as a ...

      Illinois sues online used auto parts company

      PartzNow.com cheated customers out of thousands, state charges

      Illinois Attorney General Lisa Madigan has filed a lawsuit against an online used auto parts company based in Bloomington, Ill., for allegedly cheating consumers out of thousands of dollars.

      Madigan filed the lawsuit against Partz Now Inc. and owner Alan Carter, of Bloomington. Carter has operated Partz Now online since 2009, selling used auto parts to consumers nationwide. Madigan’s lawsuit alleges consumers never received their orders from www.partznow.com, or in some cases, received the wrong part and were not refunded.

      “Anyone can set up shop on the Internet,” Madigan said. “That’s why it’s important to ensure you’re working with a reputable company." She urged consumers to check for complaints before making any significant purchases.

      Consumers around the country reported complaints to Madigan’s office, reporting losses of at least $13,000. Madigan is asking the court to shut down the business and prohibit Carter from selling auto parts. The suit also seeks to cancel pending contracts with consumers, obtain restitution for affected consumers and impose civil penalties on the defendant.

      Illinois Attorney General Lisa Madigan has filed a lawsuit against an online used auto parts company based in Bloomington, Ill., for allegedly cheating con...

      Crunch Pak brand apple slices recalled

      The fruit may be contaminated with Listeria monocytogenes

      Crunch Pak of Cashmere, Wash., is recalling 5,471 cases of Crunch Pak Apple Slices due to a possible health risk from Listeria monocytogenes.

      No illnesses have been reported in association with this recall to date. No other Crunch Pak products are affected by this recall.

      The company sold the recalled product to retail customers and regional distribution centers,

      The following products are subject to this nationwide recall:

      Product Description for Nov. 14, 2013 Voluntary Recall Totaling 5,471 cases
      UPC Code *
      Best if Used By Date*
      Crunch Pak® Tart Apple Slices 14 ounce bag
      732313141209
      11/14/13
      Crunch Pak® Tart Apple Slices 2 ounce bag with Low Fat Caramel Dip Multi pak of 5
      732313091139
      11/14/13
      Crunch Pak® Tart Apple Slices 2 ounce bag Multi pak of 6
      732313121034
      11/14/13
      Crunch Pak® Tart Apple Slices 3 pound bag
      732313481206
      11/14/13
      Crunch Pak® Sweet Honeycrisp Apple Slices 12 ounce bag
      732313120013
      11/14/13
      Crunch Pak® Blue Raspberry Flavorz Apple Slices 2 ounce bag Multi pak of 5 with Monsters University
      732313089969
      11/18/13

      In order to identify the recalled products, both the product description or UPC code AND the Best-if-Used-By-Date must be used. Both are printed on the back of the packages.

      Consumers who have recalled product in their possession should not consume it, should destroy or discard it, and retain the receipt of purchase.

      Consumers with questions may contact Crunch Pak at 1-509-888-7648, M-F, 8:00am – 5:00 p.m (PST).

      Crunch Pak of Cashmere, Wash., is recalling 5,471 cases of Crunch Pak Apple Slices due to a possible health risk from Listeria monocytogenes. No illnesse...

      Chrysler recalls nearly 1 million RAM trucks

      A tie rod assembly problem could result in a loss of steering control

      Chrysler has announced two recalls of RAM trucks totaling nearly 1 million vehicles.

      In the first instance, the automaker is recalling about 707,176 model year 2003-2008 Dodge RAM 2500 4x4 and 3500 4x4, model year 2007-2008 Dodge RAM 3500 4x2 Cab Chassis and model year 2006-2008 Dodge RAM 1500 Mega Cab 4x4 trucks manufactured February 12, 2002, through February 13, 2008.

      The second recall involves some 265,044 model year 2008-2012 RAM 2500 4X4 and 3500 4X4 trucks.

      In both cases, the left tie rod assembly may break, which could result in a loss of steering control, increasing the risk of a crash.

      Chrysler will notify owners, and dealers will inspect the steering linkage and install a new left tie rod assembly, as needed, free of charge. The recall is expected to begin in December 2013.

      Owners may contact Chrysler at 1-800-247-9753. Chrysler's recall campaign numbers are N62 and N49, respectively.

      Chrysler has announced two recalls of RAM trucks totaling nearly 1 million vehicles. In the first instance, the automaker is recalling about 707,176 model...

      Cyber Monday full of identity theft risks

      A security expert offers advice for minimizing them

      Consumers are already doing more of their holiday shopping online. Even so, Cyber Monday, the Monday after Thanksgiving, is expected to be the busiest online shopping day of the season as retailers roll out a number of specials to take advantage of that.

      But be warned: scammers and hackers are gearing up for Cyber Monday as well and one expert says Cyber Monday may be the most dangerous day of the year when it comes to having your identity stolen.

      “The best way to be secure on Cyber Monday? Yank the plug out,” said Bob Bunge, a cyber security specialist and engineering professor at DeVry University.

      Christmas for scammers

      While it's true that scammers run their “phishing” attacks all year long, Bunge and other security experts he consults with have seen the intensity level build since the start of the holiday shopping season, especially since so many retailers are jumping the gun on Black Friday and offering online deals now. But he expects activity to spike on Cyber Monday.

      “The reason is consumers are expecting to get a bunch of screaming good offers from retailers they've done business with,” Bunge said. “It's the one day of the year that if Walmart says they'll sell you a TV for $10 you might be inclined to believe it. Only it isn't Walmart making the offer.”

      Instead, it could be someone in another country hoping you will click on the link in their email, which could either send you to a bogus site and entice you into revealing sensitive information, or download nasty malware to your computer – or both.

      Avoid wireless connections

      Bunge offers a few tips for staying out of trouble on Cyber Monday – short of unplugging your computer for the day. First, he says, avoid making online purchases using a wireless connection.

      “Especially avoid using wireless connections in a public space, like an airport or a coffee shop,” he said. “I was at a conference today where they had an open wi-fi connection for everyone to use. Well, that's great but it's not a place to do your shopping.”

      Home networks are a bit safer, assuming you have good security on your connection. But even then Bunge says you are not completely safe, especially if you live in a high-density area where many of your neighbors can pick up your wireless network. If one of your neighbors happens to be a skilled hacker who can get past your security, you're vulnerable. Better, he says, to place your orders with a computer hard-wired to your network.

      “All things being equal, wired beats wireless when it comes to the security of your connection,” Bunge said.

      Links

      Another piece of advice – never click on a link in an email.

      “If you like the way the URL looks, if it looks legit, then re-type it in the address window of your browser, don't click on it,” Bunge said. “The reason being, a hacker can type a legitimate web address, like www.amazon.com, in the email but make that link take you somewhere else.”

      Make sure your software is up to date. Most software updates address security issues so consumers, where possible, should opt for automatic updates.

      “Two of your major security issues are Java and Flash, which are third-party browser enhacements,” Bunge said. “And the reason they are security issues is because people don't update them. There are all kinds of known exploits against the older versions and if consumers aren't updating those packages, that's something attackers will exploit.”

      At the same time, Bunge says consumers need to beware of bogus update prompts that try to get you to download malware or spyware. Always make sure you are getting your updates straight from the vendor's website.

      Limit risks

      A savvy online shopper will also try to limit their risks. One way to do that is to use only one credit card for online purchases.

      “If something bad happens you only have one card that has been compromised,” he said.

      Finally, consumers should keep their wits about them, be aware of the risks and remain skeptical of offers that sound too good to be true. Bunge says the most effective online scams are usually the simple ones – “You've won an iPad! Click here!”

      While it may seem that the Internet has made the world a scarier place for consumers, Bunge says the world has always been pretty scary.

      “The Internet hasn't changed human nature,” he said. “It's made it more convenient for liars to lie.”

      Consumers are already doing more of their holiday shopping online. Even so, Cyber Monday, the Monday after Thanksgiving, is expected to be the busiest onli...

      This week in homeowners association news

      There's never a shortage of HOAs-behaving-badly news stories

      We don’t hide the fact that we take a generally dim view of homeowners’ associations (HOAs); indeed, we’ve gone so far as to call them “government without the checks and balances.”

      And anytime we find ourselves thinking “Hmm, maybe we could consider buying into an HOA community after all,” we simply do an online search for any of the past week’s news stories containing the acronym “HOA” or phrase “homeowner’s association,” and always find fresh examples of why we’re never buying any house requiring membership in a homeowners’ association.

      Topping the list of this week’s horror stories is the case of 75-year-old Ingrid Boak, whose mortgage-free, paid-for home in the Masterson Station Neighborhood Association of Lexington, Kentucky, was confiscated and sold over less than $250 in unpaid HOA fees -- $48 per year for six years, according to WLEX-TV. Apparently Boak, a German immigrant, did not realize when she bought her house that participation in the HOA was mandatory for all homeowners – she ignored the letters the HOA mailed her, thinking they were merely offers to join a social club.

      Boak is still living in her old home—except now, she pays rent to the people who bought it out from under her when the HOA sold it at auction.

      Trees were too short

      Meanwhile, in Merrit Island, Fla., homeowner Patrick Fitzgerald planted two magnolia saplings in this front yard, and his HOA fined him $5,000 (at $100 per day) because the trees were “too short.”

      The association board countered that trees in the HOA are supposed to be a minimum of 8 feet tall; if left alone the magnolia saplings should eventually reach if not surpass that, but apparently the HOA doesn’t feel like waiting.

      In California this week, a couple living in Blackhawk filed a federal lawsuit against their HOA. Seth and Carolynn Neri charge that their HOA discriminates against their three children by passing rules forbidding any outdoor play. The lawsuit alleges that the HOA threatened to put a lien on the Neri’s home if their children didn’t stop playing outside.

      In Charlotte, North Carolina, 66-year-old condo owner James Johnson has spent two years trying to convince his HOA board to make repairs to his home’s foundation — repairs which he contends the board is contractually obligated to make. Members of the Quail Run HOA board confirmed to WCNC news that the HOA is supposed to make the repairs, but has delayed doing so for two years and counting because Johnson is a “troublemaker.”

      As the WCNC news writer noted, with what we suspect is considerable understatement: “NBC Charlotte asked where HOA rules say being a ‘troublemaker’ means repairs taking years, but didn't get an answer at the time of this writing.”  

      In the Stapleton neighborhood of Denver, Colo., an HOA is seeking to ban “small farm animals” such as rabbits and chickens, despite a city sustainable-living ordinance allowing them in non-obtrusive numbers. Homeowner Caroline Batorowicz-Vierow keeps two chickens and a rabbit in her garage, and uses their pellets to fertilize her garden; the HOA board wants her to lose the animals, though board members would not comment on the situation to local news.

      Batorowicz-Vierow’s predicament touches upon another problem with joining an HOA: even if you like and agree with all of its rules now, one change in the board membership can make all those rules reverse.

      Finally, out of Marietta, Georgia, comes an HOA story with a more-or-less happy ending for individual HOA homeowners:  former HOA treasurer Jim Goshay has been charged with a felony after allegedly embezzling $43,000 from the HOA fund. Goshay paid the money back once he discovered the cops were investigating him, and was dismayed to discover that he’s being prosecuted anyway. But at least the HOA got its money back, so the homeowners won’t have to pay increased HOA dues to make up the difference.

      Remember: we culled these stories after searching just the past week’s worth of news. We’re sure we’ll find a fresh new collection of bad-HOA stories if we search again in seven days.

      We don’t hide the fact that we take a generally dim view of homeowners’ associations (HOAs); indeed, we’ve gone so far as to call them &l...

      Big changes under the Golden Arches

      NFL-themed toys, "Fast Forward" drive-throughs and McCafe coffee in stores

      Change is coming to McDonaldland. Last month, when we mentioned McDonald’s then-new plan to pass out self-published pro-nutrition kids’ books with its Happy Meals, we were rather skeptical of the idea that the program would prove successful.

      But successful or not, it didn’t last long. Now, barely more than a month later, McDonald’s is unrolling another new Happy Meal promotion: NFL-themed toys to tie in with the children’s Rush Zone show on Nickelodeon, in addition to McDonald’s status as the NFL’s “official restaurant sponsor.”

      The company is also investing an additional $3 billion (that’s “billion” with a “B”) to remodel its famous Golden Arches – or, rather, to remodel the restaurants which bear them. 

      The scheduled enhancements are to include extra drive-thru windows (a “Fast Forward Drive-Thru,” where customers can go if their order isn’t ready by the time they reach the regular pickup window).

      McDonald’s is also branching out into the grocery-store-coffee business; AdAge reported the company’s intention to start selling its McCafe coffee in grocery stores next year.

      AdAge quoted a McDonald’s executive who noted that 70 percent of American coffee consumption is at home, yet the chief purpose of the grocery store sales is supposed to be the creation of “greater awareness and [to] sell more coffee in our restaurants.” To that end, the company has also admitted that its customer service record needs improvement, especially when handling lunchtime crowds.

      So, to recap the week in McDonald’s improvisations: more coffee sales, hopefully faster coffee sales, football-themed kids’ toys and a third drive-thru window called “Fast Forward” where customers go to wait when the first two drive-thru windows haven’t finished filling their orders yet. We’re assuming they still sell burgers and fries, too.

      Change is coming to McDonaldland. Last month, when we mentioned McDonald’s then-new plan to pass out self-published pro-nutrition kids’ books w...

      Gift cards are king

      A new survey finds spending on them is at an all-time high

      A lot of people consider them impersonal, but that doesn't mean they're not popular.

      According to National Retail Federation's (NRF) Gift Card Spending Survey 8 in 10 (80.6%) shoppers will look to add these items to their baskets. The survey, conducted for NRF by Prosper Insights & Analytics, found shoppers will spend an average of $163.16 on gift cards this season -- 4.0% more than the $156.86 they spent last year and the highest amount in the survey’s 11-year history. Total spending on gift cards is projected to reach $29.8 billion.

      “Shoppers today recognize gift cards as the perfect fool-proof option for friends and family,” said NRF President and CEO Matthew Shay. “And traditional gift cards aren’t the only winners this holiday season, as more and more Americans are tied to their mobile devices, we expect digital gift cards to be especially popular with consumers.”

      Fulfilling wishes

      According to NRF’s first 2013 holiday survey, released in October, six in ten (59.4%) of those polled said they’d like to receive gift cards this year, the seventh year in a row gift cards have topped holiday celebrants’ wish lists.

      Consumers will also spend more on the cards they buy: those planning to buy gift cards will spend an average $45.16 per card, compared with $43.75 last year and another survey high. Shoppers older than 65 will spend the most on gift cards at an average of $175.96, followed by 35-44 year-olds who will spend $171.15 on average. Additionally, men will spend nearly $20 more than women on gift cards season ($171.35 vs. $155.42 respectively).

      What can you buy?

      Department stores (40.3%) and restaurants (34.2%) will be the top choices for those giving gift cards, but nearly one in five (19.0%) will give the gift of a hot cup of coffee -- versus13.0% in 2009. Additionally, 20.1% will purchase gift cards from an electronics store and 12.7% will head to an online merchant.

      With gas prices hovering around $3.19, some may see relief at the pump this holiday season from their friends or family members. According to the survey, 12.0% of shoppers will buy gift cards from gas stations, up 1.0% from last year and the highest amount seen in five years.

      “Gift givers know that many of their loved ones may have been holding back on spending on themselves all year long, and would love nothing more than to receive a gift card that allows them to purchase whatever they want,” said Prosper’s Consumer Insights Director Pam Goodfellow. “Shoppers hoping to add an extra touch to their gift cards will have plenty of opportunities to add audio, video or image enhancements to select retailers’ gift cards, making even the smallest gift still very personal.”

      When it comes to why people do or don’t buy gift cards, most agree (43.1%) that letting the recipient choose their own gift is what influences their purchases. However, some still feel gift cards are too impersonal (25.3%).

      A lot of people consider them impersonal, but that doesn't mean they're not popular. According to National Retail Federation's (NRF) Gift Card Spending Su...

      Young smokers move toward E-cigarettes, hookahs

      Increased monitoring and prevention may be needed

      Kids have been told for generations that cigarettes are no good for them. So, what are middle- and high-school students doing? According to a report in Center for Disease Control and Prevention's (CDC) Morbidity and Mortality Weekly Report, they're looking to so-called “emerging tobacco products” such as e-cigarettes and hookahs.

      Data from the 2012 National Youth Tobacco Survey (NYTS) show that recent electronic cigarette use rose among middle school students from 0.6% in 2011 to 1.1% last year, and among high school students from 1.5% to 2.8%. Hookah use among high school students rose from 4.1% to 5.4% during the same period.

      Marketing may be a factor

      The report speculates that the increase in the use of e-cigarettes and hookahs could be due to an increase in marketing, availability, and visibility of these tobacco products and the perception that they may be safer alternatives to cigarettes.

      Electronic cigarettes, hookahs, cigars and certain other new types of tobacco products are not currently subject to FDA regulation. However, the agency has said it intends to issue a proposed rule that would deem products meeting the statutory definition of a "tobacco product" to be subject to the Federal Food, Drug, and Cosmetic Act.

      Cigar smoking worrisome

      Another area of concern in the report is the increase in cigar use among certain groups of middle and high school students. During 2011-2012, cigar use increased dramatically among non-Hispanic black high school students from 11.7% to 16.7%, and has more than doubled since 2009. Further, cigar use among high school males in 2012 was 16.7%, similar to cigarette use among high school males (16.3%).

      “This report raises a red flag about newer tobacco products,” said CDC Director Tom Frieden, M.D., M.P.H. “Cigars and hookah tobacco are smoked tobacco -- addictive and deadly. We need effective action to protect our kids from addiction to nicotine.”

      The cigars category includes little cigars, many of which look almost exactly like cigarettes but are more affordable to teens because they are taxed at lower rates and can be sold individually, rather than by the pack. Little cigars also can be made with fruit and candy flavors that are banned from cigarettes. A CDC study published last month showed more than one in three (35.9%) middle and high school students who smoke cigars use flavored little cigars.

      Kids at risk

      “A large portion of kids who use tobacco are smoking products other than cigarettes, including cigars and hookahs, which are similarly dangerous,” said Tim McAfee, M.D., M.P.H., director of the CDC’s Office on Smoking and Health. “As we close in on the 50th anniversary of the first Surgeon General’s report on the dangers of smoking, we need to apply the same strategies that work to prevent and reduce cigarette use among our youth to these new and emerging products.”

      Smoking remains the leading cause of preventable death and disease in the United States, killing more than 1,200 people every day. More than 8 million people live with a smoking-related disease. Each day, more than 2,000 youth and young adults become daily smokers. Smoking-related diseases cost $96 billion a year in direct health care expenses, much of which come in taxpayer-supported payments.

      Kids have been told for generations that cigarettes are no good for them. So, what are middle- and high-school students doing? According to a report in Cen...

      Recycling efforts focus on consumer electronics

      There's no reason to toss that old cellphone or laptop in the trash

      Each year millions of tons of trash are hauled off to U.S. landfills, taxing an already battered landscape. Increasingly, efforts are made to remove dangerous or toxic elements from the trash and broken or obsolete electronics are getting new attention.

      Recycling electronics, such as cell phones, televisions, and computers, along with rechargeable batteries found in many of these items, keeps potentially harmful materials out of the waste stream and the environment. New York City has long banned recharable batteries from its landfills but it is still legal for the city's residents to discard electronics in the trash until 2015, when a new, tougher law goes into effect.

      Increasingly, environemental activists are urging consumers to recycle old cellphones, TV sets and computers. According to Earth911, The U.S. electronics recycling industry processed three to four million tons of used and end-of-life electronics equipment in 2011. More than 70% of the collected gadgets can be recycled, recovering items such as plastic, steel, aluminum, copper, gold and silver to be used in new products. Electronics recyclers repair, refurbish and resell functioning electronics as used products both at home and abroad.

      Companies get on board

      A number of manufacturers and retailers have joined the recycling push. The Environmental Protection Agency (EPA) has an online tool to help consumers find local recycling spots for specific manufacturers. 

      Among the retailers actively taking part in electronics recycling is Best Buy, which accepts most electronics and large appliances at no charge, but only from consumers. It also says it rejects any items that pose a safety hazard.

      Cartridge World, a specialty retailer selling ink and toner cartridges for printers and other devices, says its recycling efforts keep about 4.5 million empty printer cartridges out of landfills every year.

      "Our in-store recycling efforts are only a small part of the solution. As a globally recognized electronics brand, we have an obligation to educate and advocate the importance of recycling," said Tom McLaughlin, Cartridge World marketing director. "Unfortunately, electronics are recycled at even lower rates than other common household items, and electronics often have the most devastating impacts on the environment."

      A long way to go

      In a study earlier this year EPA found that Americans currently recycle only about 35 percent of the trash they produce. It further found that just 25% of the electronics they discard are recycled. Often these products contain chemicals with portential to contaminate groundwater and streams.

      According to McLaughlin, toner cartridges, specifically, require about a gallon of oil to make just one cartridge. About 70% of used printer cartridges are currently thrown out.

      Cartridge World says its stores often reuse many of the components in empty printer cartridges and that if a store doesn't reuse the cartridge, it recycles the cartridge in an environmentally responsible manner at no cost to the consumer. The company says it also will assist consumers in disposing of larger electronics, such as printers, fax machines and copiers.

      Making a couple of bucks for your effort

      In addition to getting rid of unwanted devices and being environmentally friendly, consumers also have the opportunity to profit from electronics recycling. Sony has set up Eco Trade, which accepts both eligible Sony and non-Sony products making it easy to trade them in for credit towards the latest Sony products.

      There are a number of commercial enterprises that will actually buy your old cellphone, mainly for the minerals like gold and silver that are present in them. Industry experts attending a 2012 conference in Ghana referred to this recycling practice as “urban mining.” One group active in the practice estimates electronic waste now contains precious metal "deposits" 40 to 50 times richer than ores mined from the ground. They say recycling efforts could add more than $21 billion in value each year to the rich fortunes in metals eventually available through "urban mining" of e-waste.  

      Each year millions of tons of trash are hauled off to U.S. landfills, taxing an already battered landscape. Increasingly, efforts are made to remove danger...

      Medical device approved for epilepsy treatment

      There's now an option for those who don't respond well to medications

      Epilepsy patients who have not responded well to medications have a new option for reducing the frequency of seizures.

      The U.S. Food and Drug Administration has approved a device called the RNS Stimulator, which consists of a small neurostimulator implanted within the skull under the scalp. The neurostimulator is connected to one or two wires (or electrodes) that are placed where the seizures are suspected to originate within the brain or on the surface of the brain.

      “The neurostimulator detects abnormal electrical activity in the brain and responds by delivering electrical stimulation intended to normalize brain activity before the patient experiences seizure symptoms,” said Christy Foreman, director of the Office of Device Evaluation in the FDA’s Center for Devices and Radiological Health.

      Seizure control

      Epilepsy produces seizures affecting varied mental and physical functions. They happen when clusters of nerve cells in the brain signal abnormally, which may briefly alter a person's consciousness, movements or actions.

      According to the Epilepsy Foundation, epilepsy affects nearly 3 million people in the United States and is the third most common neurological disorder, after Alzheimer’s disease and stroke. Approximately 40 percent of people with epilepsy are severely affected and continue to have seizures despite treatment.

      Strong study results

      The FDA’s approval is supported by a three-month randomized control trial of 191 patients with drug-resistant epilepsy.

      The study showed that by three months after the implanted device was turned on (active use) patients experienced a nearly 38% reduction in the average number of seizures per month, compared to an approximately 17% reduction in the average number of seizures per month in patients who had the implanted device turned off.

      At the end of three months, the median reduction in seizures, which reflects a more typical patient experience, was 34% with active use and about 19% with the device turned off. During the trial, 29% of patients with an active device experienced at least a 50 percent reduction in the overall number of seizures, compared with 27% for those with the implanted device turned off.

      Data during a two-year follow-up phase (unblinded), demonstrated a persistent reduction in seizure frequency.

      Caveats

      Patients with RNS Stimulators cannot undergo magnetic resonance imaging (MRI) procedures, nor can they undergo diathermy procedures, electroconvulsive therapy (ECT) or transcranial magnetic stimulation (TMS).

      The energy created from these procedures can be sent through the neurostimulator and cause permanent brain damage, even if the device is turned off.

      The most frequent adverse events reported were implant site infection and premature battery depletion.

      The RNS Stimulator is manufactured by Neuropace, Inc. of Mountain View, Calif.

      Epilepsy patients who have not responded well to medications have a new option for reducing the frequency of seizures. The U.S. Food and Drug Administrati...

      VitaliKOR Fast Acting dietary supplement recalled

      The supplement contains ingredients that make it an unapproved drug

      Vitality Research Labs is recalling lots K58Q and F50Q of VitaliKOR Fast Acting, which is marketed as an all-natural nutritional supplement for sexual enhancement

      Laboratory analysis has determined that this product contains undeclared Vardenafil and Tadalafil, which are active ingredients of FDA-approved drugs used to treat erectile dysfunction (ED). This makes VitaliKOR Fast Acting an unapproved drug.

      Vardenafil and Tadalafil may interact with nitrates found in some prescription drugs such as nitroglycerin and may lower blood pressure to unsafe levels.

      VitaliKOR Fast Acting is packaged in chip board exterior carton containing clear plastic bottles with forty (40) light blue capsules, and was sold nationwide through various Internet websites and at retail stores. The number of individual units affected by the recall is 66,090. The lots were produced in January and July of 2013.

      Consumers should not consume these lots of VitaliKOR Fast Acting and should return the products immediately to the place of purchase for credit.

      Consumers with questions regarding this recall should contact Vitality Research Labs at 1-855-424-1954 or via e-mail at customercare@vitalikor Monday - Friday, 8:30 am - 5:00 pm, PST.  

      Vitality Research Labs is recalling lots K58Q and F50Q of VitaliKOR Fast Acting, which is marketed as an all-natural nutritional supplement for sexual enha...

      Hankook recalls Dynapro MT tires

      Tread separation can result in tire failure

      Hankook Tire America is recalling 1,495 Dynapro MT LT325/60R18 RT03 tires manufactured August 22, 2011, through September 22, 2013.

      The affected tires may develop a separation at the tread/belt edge. Tread separation can result in tire failure and loss of vehicle control, increasing the risk of a crash.

      Hankook will notify owners and dealers will replace the tires, free of charge. The recall is expected to begin in November 2013.

      Owners may contact Hankook at 1-800-466-5665.

      Hankook Tire America is recalling 1,495 Dynapro MT LT325/60R18 RT03 tires manufactured August 22, 2011, through September 22, 2013. The affected tires ma...

      Report: Prepaid money cards better deal than banks

      Study finds average users spends less than $7.50 a month in fees

      For years the knock against what are known as General Purpose Reloadable (GPR), or prepaid cards is they carried all sorts of fees that made them very expensive for consumers to use.

      Even so, they have become increasingly popular over the last few years, especially with consumers who no longer use a bank. A new report from Bretton Woods, Inc., a management advisory and research firm, explains why.

      “Prepaid cards continue to have a cost advantage over basic checking accounts,” said G. Michael Flores, President of Bretton Woods and author of the report. “The three-year trend shows that the average cost a consumer incurs for a checking account is increasing, while decreasing for GPR prepaid cards.”

      In fact, banks have added fees to many of their consumer accounts, including checking, and raised minimum balance requirements. While banks have seemed somewhat indifferent about retaining some segments of their customer base, the prepaid card industry has become more competitive, with firms reducing or eliminating fees in a bid to gain market share.

      $7.50 or less a month

      The Bretton Woods study shows that the majority of consumers who use a prepaid debit card spend $7.50 or less each month in fees, making it less costly than many bank accounts. While using cash for all transactions carries no direct cost, the report found, it does carry security risks, plus the cost and hassle of paying bills with money orders through the mail.

      "While similar to checking accounts, prepaid cards fill a critical financial services need for a new generation that prefers the consumer friendly technology, as well as consumers with limited access to checking accounts,” Kirsten Trusko, President and Executive Director or the Network Branded Prepaid Card Association (NBPCA), an industry trade group.

      Trusko said the cards appeal to Generation Y and the "underbanked." In addition, they are also beginning to attract the consumers who have traditionally used banks. Lower fees may well be a reason.

      The Bretton Woods report found that consumers using basic checking accounts pay $263 to $473 a year for that service. Consumers using a prepaid card with direct deposit pay, on average, $58 to $263 a year in fees.

      Not all the same

      Just as not all banks are the same – a few still actually offer free checking – not all prepaid cards are the same either. A savvy consumer will shop carefully, noting what fees are charged for particular purposes. Consumers should select a card that has the lowest fees for the services they use most.

      For example, if you make a lot of debit purchases, you should choose a card with low or no fees for purchases. If you select a card that does not charge a fee for purchases, you can save on ATM fees by always getting cash back when you make a purchase.

      In many respects preloaded cards operate much like a checking account. You can have regular payments you receive, like a pay check, direct-deposited to the card. You can also access your account and pay bills online, sometimes at no extra charge. Most cards now also offer mobile banking as well.

      Fees will vary

      Most prepaid cards charge some type of monthly fee but they vary widely. For example, the ACE Elite prepaid Visa card carries a $9.95 a month fee while the American Express Serve is only $1 a month – and free in New York, Texas and Vermont.

      Learning about a prepaid card's fees might not always be easy. In a report earlier this year, Consumer Reports rated 26 prepaid cards, finding that fee information was often hard to find and difficult to understand.

      Its top-rated card was the Bluebird Card, a joint venture between Walmart and American Express. It has no activation or monthly fee.

      For years the knock against what are known as General Purpose Reloadable (GPR), or prepaid cards is they carried all sorts of fees that made them very expe...