Current Events in November 2014

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    Seniors struggling with debt, debt collectors

    Feds issue tips to help older consumers deal with harassment

    Older Americans are increasingly hamstrung by debt and, as a result, debt collectors, according to a report issued by the Consumer Financial Protection Bureau (CFPB).

    The debt collection issues older Americans complain about include collectors hounding them about medical debt, attempting to collect on debts of deceased family members and illegally threatening to garnish federal benefits. 

    “It is increasingly common for older Americans to carry debts into their retirement years, and consumers living on fixed incomes often struggle to pay off these debts,” said CFPB Director Richard Cordray. “Older Americans deserve to be treated with the respect they have earned.”

    Some older consumers say they are unable to afford debt payments especially when they are retired and live on a small fixed income. They also express concern that the distress of being harassed by a debt collector aggravates existing medical conditions.

    The CFPB said it has recently noted that older adults with cognitive impairments are particularly vulnerable to harassment and scams, especially when seniors have memory problems or cannot keep track of finances. 

    Medical debt

    Older Americans describe being confused and frustrated because collectors attempt to collect medical expenses while the consumer is simultaneously attempting to correct billing mistakes or waiting for providers and insurers to resolve the medical disputes, the report said.

    For example, older consumers report frequent and repeated attempts to collect medical bills already covered by insurance. Another common complaint from older consumers is first learning about an overdue bill from checking their credit report.

    Deceased family members

    Seniors and their survivors also report being hounded about the debts of deceased family members.

    Many of the consumers complained that debt collectors continue to call or send collection letters after they have informed debt collectors that they are not personally responsible for the debt, or that there is no money left in the deceased borrower’s estate. 

    One consumer reported to ConsumerAffairs recently that a debt collector had first implied that the consumer was responsible for his mother's credit card debt. When told that he was not, the collector then said that the consumer surely wanted to protect his dead mother's credit rating.

    Some of the complaints to CFPB describe collection attempts made years after probate is concluded. The closing of probate is the last chance for settlement of debts and other obligations. 

    Illegal garnishment threats

    Older consumers also report that debt collectors sometimes threaten to garnish Social Security, Supplemental Security Income or Veterans’ benefits, even though these funds ordinarily are not subject to garnishment by collectors.

    According to the complaints, these threats cause older consumers significant distress, especially when they rely on federal benefits to pay essential living costs.

    What to do

    To help older consumers, the CFPB issued an advisory highlighting things they can do to help deal with debt collectors:

    Protect federal benefits. Consumers need to know that most federal benefits are protected in debt collection. Also, when a consumer receives federal benefits by direct deposit to a checking account, the bank or credit union is required automatically to protect up to two months of these benefits. If the consumer receives benefits on a government issued prepaid card, they usually are protected too.

    Get more information to identify the debt. Older consumers report that collectors often reject or ignore their attempts to correct instances of mistaken identification. Today’s advisory tells consumers how they can obtain more information to identify the debt. It also includes the CFPB sample letter that consumers can use to find out information about the claims being made against them.

    Dispute inaccurate debts. Many consumers complain that they often inform collectors that they do not owe the debt, do not recognize it, or believe the amount that debt collectors demand is wrong. The CFPB advisory tells consumers how to dispute the debt. It provides a sample letter to contact the debt collector.

    Stop the harassment. Older consumers complain that debt collectors make successive calls using profanity, condescension, indignation, or rage. The advisory includes a sample letter that consumers can send to request that debt collectors cease collection communications.

    See the full text of the advisory for more information. 

    Older Americans are increasingly hamstrung by debt and, as a result, debt collectors, according to a report issued by the Consumer Financial Protection Bur...

    A record 27 child booster seats earn top IIHS rating for safety

    That's the most ever given in a single year

    Among the 41 models of new child booster seats for 2014, 27 have been awarded the Insurance Institute for Highway Safety's (IIHS) BEST BET designation -- more than in any prior year.

    In addition, 3 were named GOOD BETs and 8 boosters are in a category the institute calls "Check Fit." There are 3 new models that the IIHS does not recommend using as boosters.

    Prices for BEST BET boosters start around $25 and go up to about $370 -- depending on features -- and several models are LATCH compatible.

    LATCH, or Lower Anchors and Tethers for Children, is a system intended to make it easier to attach child restraints securely. Typically, LATCH has only been used with rear-facing or forward-facing child restraints. With or without LATCH, a booster provides significant safety benefits.

    Rating the seats

    Boosters earn a rating of BEST BET, GOOD BET, Check Fit or Not Recommended, based on a protocol that involves measuring how 3-point lap and shoulder belts fit a child-size test dummy seated in the booster on a stationary test fixture. Measurements are taken under 4 conditions spanning the range of safety belt configurations in passenger vehicles. The evaluations focus on belt fit and don't involve crash tests.

    A BEST BET booster correctly positions belts on a typical 4-to-8-year-old child in almost any car, minivan or SUV. A GOOD BET provides acceptable belt fit in most vehicles. Correct belt fit means that the lap belt lies flat across a child's upper thighs, and the shoulder belt crosses snugly over the middle of the shoulder.

    The Check Fit designation means that the booster may provide good belt fit for some children in some vehicles, but not as many as boosters that earn either of the top two ratings. Belt fit can vary depending on child size and vehicle model. Before buying these boosters, parents should try them out to see if they properly position safety belts on their children in the vehicles they will ride in.

    In addition to information on models new this year, IIHS maintains ratings for older booster seats still on the market. Altogether, IIHS has ratings for 69 BEST BET and eight GOOD BET boosters, 35 Check Fit boosters and five Not Recommended seats for 2014.

    "Buying a booster seat can be confusing," says Jessica Jermakian, a senior research scientist at the Institute and an expert on child passenger safety. "There are lots of models and features to choose from. Until we started our ratings six years ago, parents couldn't be sure that the booster they'd put in their shopping cart would actually provide the right belt fit for their child once they unpacked the seat and installed it in the family vehicle. Our ratings take the guesswork out of purchasing a booster seat."

    She notes that most new models in recent years earn a BEST BET or GOOD BET rating, and many manufacturers check in with the institute during the development process to gauge how their designs will rate.

    Missing the mark

    In a setback this year, three new boosters landed in the Not Recommended category: the highback Diono Olympia and Diono Pacifica and the Kids Embrace Batman No Back Booster.

    Shoulder belt fit is the issue with both Diono models. Highback boosters have guides to route lap and shoulder belts and can offer some head support. The shoulder belt guides on the Olympia and Pacifica put the belt in a position that touches the face in several safety belt configurations instead of placing the belt across the center of the chest. The guides aren't adjustable.

    In contrast, another new Diono model, the Rainier, earns a GOOD BET rating when used as a highback booster. The Rainier's adjustable headrest allows parents to change the position of the shoulder belt guide to achieve acceptable shoulder belt fit.

    Lap belt fit is the problem with the Batman No Back booster. The armrests that serve as the lap belt path keep the belt too far out on the thighs. A better choice for kids who dig superheroes, according to IIHS, would be a highback model from Kids Embrace, the Teenage Mutant Ninja Turtle booster, which is a BEST BET.

    Kids Embrace also sells a highback Batman and a highback Spider-Man booster, which would rate the same as the highback Ninja Turtle. Other BEST BET backless-only options are the Baby Trend Hybrid No Back and the Diono Solana.

    The Institute continues to advise consumers to avoid using as boosters two carry-over models from Dorel Juvenile, the Safety 1st All-in-One and Safety 1st Alpha Omega Elite. These seats have been on the Not Recommended list since 2009 because they don't provide proper belt fit. They leave the lap belt too high on the abdomen and the shoulder belt too far out on the shoulder.

    As with any child safety seat, consumers should be on the lookout for manufacturer recalls. The Institute includes recall information for booster seats with its ratings.

    Current year booster ratings

    IIHS BEST BET Booster

    • Baby Trend Hybrid 3-in-1 (backless mode)
    • Baby Trend Hybrid No Back (backless)
    • Britax Frontier 90 (highback)
    • Britax Pinnacle 90 (highback)
    • Britax Pioneer 70 (highback)
    • BubbleBum Neon (backless)
    • Cybex Solution X-Fix (highback)
    • Diono Solana (backless)
    • Dream On Me Turbo Booster (highback mode)
    • Eddie Bauer Deluxe Belt-Positioning Booster (highback mode)
    • Eddie Bauer Deluxe Highback 65 (highback)
    • Evenflo Chase (highback)
    • Evenflo Symphony 65 (highback)
    • Graco Argos 80 Elite 3-in-1 (backless mode)
    • Graco Argos 80 Elite 3-in-1 (highback mode)
    • Graco 4Ever All-in-1 (backless mode)
    • Graco 4Ever All-in-1 (highback mode)
    • Graco Milestone All-in-1 (highback)
    • Graco Nautilus 3-in-1 with Safety Surround (highback mode)
    • Kids Embrace Teenage Mutant Ninja Turtle (highback)
    • Maxi-Cosi Rodi AP (highback mode)
    • Maxi-Cosi RodiFix (highback)
    • Peg Perego Viaggio HBB 120 (highback mode)
    • Recaro Performance Booster (highback)
    • Safety 1st Store 'n Go (highback mode)
    • Safety 1st Store 'n Go No-Back (backless)
    • Safety 1st Summit 65 (highback)

    GOOD BET

    • Baby Trend Hybrid 3-in-1 (highback mode)
    • Cybex Solution Q-Fix (highback)
    • Diono Rainier (highback)

    Check Fit

    • Dream On Me Coupe Booster (backless)
    • Dream On Me Turbo Booster (backless mode)
    • Eddie Bauer Deluxe Belt-Positioning Booster (backless mode)
    • Graco Nautilus 3-in-1 with Safety Surround (backless mode)
    • Harmony Folding Travel Booster (highback)
    • Maxi-Cosi Rodi AP (backless mode)
    • Peg Perego Viaggio HBB 120 (backless mode)
    • Safety 1st Store ’n Go (backless mode)

    Not Recommended

    • Diono Olympia (highback)
    • Diono Pacifica (highback)
    • Kids Embrace Batman No Back Booster (backless)

    Among the 41 models of new child booster seats for 2014, 27 have been awarded the Insurance Institute for Highway Safety's (IIHS) BEST BET designation -- m...

    Job cuts soar in October

    Still the year-to-date total is below the 2013 level

    What a difference a month makes!

    Monthly job cuts surged 68% in October to the second highest total this year, after falling to a 14-year low in September.

    According to outplacement consultancy Challenger, Gray & Christmas, U.S.-based employers announced they were cutting 51,183 job cuts last month, following a reduction of 30,477 in September -- the lowest monthly total since June, 2000. October job cuts were up 12% from the same month a year ago.

    The October total is not only the second highest of the year behind May’s 52,961, but it marks only the fourth time in the last 22 months that job cuts topped 50,000. Employers have now announced 414,591 job cuts so far this year -- down 4.3% from last year, when 433,114 job cuts were reported from January through October.

    A trend in the making?

    “While it is too early to say for certain, the October figure may mark the kick-off to a fourth-quarter surge in job cuts,” said John A. Challenger, chief executive officer of Challenger, Gray & Christmas. “It is not unusual to see the pace of downsizing accelerate in the final months of the year, as employers take measures to meet year-end earnings and profit goals.”

    In recent years, since the end of the recession, the fourth quarter surge in job cuts has been somewhat subdued, with much of the increase occurring in October and November. In fact, in the previous two years, December was one of the lowest job-cut months.”

    Retailers take the hardest hit

    Job cuts in October were led by the retail industry, which announced 6,874 planned firings during the month. That is nearly 3.5 times more than the cuts announced by retailers in September. To date, retailers have announced 38,948 reductions in force in 2014 -- second only to the computer industry.

    Computer firms announced another 6,509 job cuts in October, bringing the year-to-date total for the industry to 55,511, making it the leading job-cut industry by a wide margin.

    “If there is any good news in the October job-cut surge, it is that the leading job cuts are not indicative of overall weakness in the economy,” said Challenger. “The heaviest cuts came from companies that are struggling to find their footing in this recovery. In several cases, downsizing organizations are in industries that are going through fundamental changes and these companies are taking steps to catch up to these changes.”

    Jobless claims

    From the government, meanwhile, word that first-time applications for unemployment benefits fell by 10,000 in the week ending November 1 to a seasonally adjusted 278,000. Economists surveyed by Briefing.com were looking for a total of 285,000 initial claims.

    Noting that initial claims have held steady at levels below 300,000 over the past several weeks, analysts point out that businesses have clearly reduced layoff activities, which should stimulate significant job growth.

    We'll get an idea of whether that's happening on Friday when the October payroll figures and unemployment report are released. ADP reported yesterday that 230,000 jobs were created last month, and the Briefing.com consensus forecast is for 235,000 new positions.

    The 4-week moving average, which is considered a better gauge of the labor market because of its lack of volatility, came in at 279,000 -- down 2,250 from the previous week.

    The complete initial claims report is available on the Labor Department website.

    What a difference a month makes! Monthly job cuts surged 68% in October to the second highest total this year, after falling to a 14-year low in Septembe...

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      Oasis Brands recalls Lacteos Santa Martha products

      The products may be contaminated with Listeria monocytogenes

      Oasis Brands of Miami, Fla., is recalling select lots of various Lacteos Santa Martha products.

      The products have the potential to be contaminated with Listeria monocytogenes.

      The recalled products were distributed to distributors and retail stores in Florida, Georgia, Tennessee and North Carolina from April 1st thought October 14, 2014. The products can be identified by the batch ID code (best used by date) sticker on the label of the plastic bag of 07/01/14 through 12/31/14.

      The following products are being recalled:

      • Queso Seco Centroamericano (Dry White Cheese) 1Lb UPC 876593 001874
      • Queso Seco Olanchano (Dry Cheese) 1Lb UPC 635349 000840
      • Queso Seco Hondureno (Dry Cheese) 12oz UPC 876593 001690
      • Quesito Casero (Fresh Curd) 12oz UPC 635349 000406
      • My Queso (Latin Flavor Cheese) 1Lb UPC 635349 000406
      • Queso Cuzcatlan (Salvadorean Flavor Cheese) 1Lb UPC 635349 000406
      • Queso para Freir (Cheese for Frying) 12oz UPC 635349 000758
      • Queso Fresco (Fresh Cheese) 12oz UPC 635349 000703
      • Cuajada en Hoja Queso Casero Hecho a Mano (Fresh Curd) 12oz UPC 635349 000895
      • Crema Centroamericana (Soft Blend Dairy Spread) 1Lb UPC 876593 001898
      • Mantequilla Hondurena (Honduran Style Cream) 1Lb UPC 635349 000772
      • Crema Nica (Grade A Cultured Cream) 1Lb UPC 635349 000468
      • HonduCrema Olanchana (Olanchana Style Soft Blend Dairy Spread) 1Lb UPC 635349 000598
      • Crema Guatemalteca (Guatemalan Style Cream) 1Lb UPC 635349 000819
      • Crema GuateLinda (Guatemalan Style Cream) 1Lb UPC 635349 000390
      • Crema Cuzcatlan (Salvadorean Style Cream) 1Lb UPC 635349 000444

      The company has stopped producing and distributing the products pending the outcome of an investigation into the cause of the problem.

      Consumers who have purchased the recalled products should return them to the place of purchase for a full refund.

      Consumers with questions may contact the company at (305) 599-0225 Monday thru Friday 9:00 am - 4:30 pm EST.

      Oasis Brands of Miami, Fla., is recalling select lots of various Lacteos Santa Martha products. The products have the potential to be contaminated with Li...

      Nissan recalls various Infiniti hybrids with throttle issue

      The vehicle may gradual accelerate unexpectedly

      Nissan North America is recalling 6,562 model year 2013-2014 Infiniti M35 hybrids manufactured April 7, 2012, to September 9, 2013; 2014 Infiniti Q50 hybrids manufactured December 10, 2012, to July 15, 2014; and 2014-2015 Infiniti Q70 hybrids manufactured April 9, 2010, to May 7, 2014.

      Due to a software error, the signal could be lost from one of the two throttle position sensors (TPS), sending the engine control module (ECM) into a fail-safe mode, partially closing the throttle chamber.

      Should the lost signal be restored, the throttle chamber may open, regardless of the position signal from the TPS, causing the vehicle to accelerate gradually. This unexpected acceleration may increase the risk of a crash.

      Nissan will notify owners, and dealers will reprogram the ECM, free of charge. The recall is expected to begin by mid-November 2014.

      Owners may contact Nissan customer service at 1-800-647-7261.

      Nissan North America is recalling 6,562 model year 2013-2014 Infiniti M35 hybrids manufactured April 7, 2012, to September 9, 2013; 2014 Infiniti Q50 hybri...

      Audi A4s, S4s and Allroads recalled

      The front air bags may not deploy properly

      Volkswagen Group of America is recalling 101,938 model year 2013-2015 Audi A4 and S4 vehicles manufactured February 16, 2012, to October 21, 2014, and 2013-2015 Audi Allroad vehicles manufactured March 12, 2012, to October 21, 2014.

      Due to an improper algorithm in the air bag control module, if a crash necessitates deployment of the side air bags, a second impact to the front of the vehicle may not command the front air bags to also deploy. Improper air bag deployment could increase the risk of occupant injury.

      Volkswagen will notify owners, and Audi dealers will update the air bag control unit software, free of charge. The recall is expected to begin on November 11, 2014.

      Owners may contact Audi customer service at 1-800-822-2834. Volkswagen's number for this recall is 69K5.

      Volkswagen Group of America is recalling 101,938 model year 2013-2015 Audi A4 and S4 vehicles manufactured February 16, 2012, to October 21, 2014, and 2013...

      Readjusting to standard time takes some effort

      After last weekend's switch, time is not on your side

      Over the weekend the U.S. returned to standard time. Clocks turned back one hour. It's something we do every year.

      But if you find you are having a hard time readjusting to standard time, you aren't alone. Millions of us are dealing with changes to our sleep pattern. Experts say the readjustment may require some effort.

      These problems are not unusual. Our bodies -- our circadian rhythms, actually — need a little time to adjust. These daily cycles are run by a network of tiny, coordinated biological clocks.

      Vanderbilt Sleep Disorders Center specialist Kelly Brown says part of the problem is that the time change always falls on a weekend. In many cases, we tend to alter our sleep patterns on weekends, time change or no time change.

      “A lot of people like to stay up late on the weekend and then sleep in, but it’s important to stick to your regular schedule,” Brown said. “Mondays are already hard when you shift your sleep schedule on the weekends, and the time change makes it even harder.”

      Let there be light

      The key to adjustment may be light. Brown says light is the most powerful way to control the internal clock.

      “Getting sun exposure in the morning helps us feel more awake, and avoiding light at night, especially blue light from electronics, helps us fall asleep,” Brown said.

      So a walk first thing in the morning might be a good way to promote adjustment to the new time. Brown says light travels a direct pathway through the eye’s retina and regulates the hormone melatonin, which controls the sleep-wake cycle, among other functions.

      When you are exposed to light, your body produces less melatonin. Melatonin, a natural substance in your body, makes you feel sleepy. Exposure to darkness usually leads to more melatonin.

      This may explain why we often feel more tired or groggy in the fall and winter months, when days are shorter and there are fewer hours of sunlight.

      Don't ignore sleep problems

      It’s very important to note that if you are feeling sleepy during the day or having difficulty falling or staying asleep, you should talk to your primary care provider and consider an evaluation by a sleep physician. Sleep disorders are highly treatable and their treatment can make a dramatic change in your health and daytime functioning,” Brown said.

      Mike Sesma of the National Institutes of Health (NIH) tracks circadian rhythm research being conducted in labs across the country. He says knowing more about your biological clock make help you adjust to that extra hour in the day.

      The good news is, while they might get temporarily thrown off by changes in light or temperature, our internal clocks can usually reset themselves.

      Internal control

      Sesma says our internal clocks will affect our alertness, hunger, metabolism, fertility, mood and other physiological conditions. So it's not surprising that clock dysfunction can be associated with various disorders, including insomnia, diabetes and depression. Sesma says even drug efficacy has been linked to our clocks: Studies have shown that some drugs might be more effective if given earlier in the day.

      For that reason Brown says you should establish a relaxing pre-sleep ritual, such as taking a bath, reading or listening to calm music. Your bedroom should be quiet, dark and at a comfortable temperature.

      In the morning you don't want to produce melatonin, but at night you do. So avoid he bright lights and stimulation of TVs, computers and other electronics before bed.

      Other common sense practices may also promote a good nights sleep. Don't eat a big meal before bedtime, or drive alcohol or coffee. Exercise in the morning, not the late afternoon or evening. And try to keep the same bedtime, even on weekends.

      Over the weekend the U.S. returned to standard time. Clocks turned back one hour. It's something we do every year. But if you find you are having a hard t...

      Today's scam email du jour: introducing Betty Mason, clerk of the court

      The more you study it, the more obviously scammy it looks

      The bad thing about scam attempts is that they're a constant in today's world: if you have a phone number or an email address, you will hear from scammers seeking to make you their next victim.

      The good thing about scam attempts is that most of them – not all of them, but the vast majority – are very easy to identify and avoid, provided you know what to look for.

      For example: check out this “Notice to Appear” email I got from someone trying to pull an online variant of the old “jury duty scam.”

      In the classic jury duty scam, the scammers contact you (usually but not always over the phone) to say that you're going to be arrested and thrown in jail, right away, for skipping out on jury duty — but if you pay a “fine” with a prepaid money card or some other untraceable payment method, you'll stay out of prison.

      Sounds scary

      This threat can sound especially scary because “jury duty” genuinely does exist, and skipping out on jury duty really will get you in trouble with legal authorities. And even if you know you haven't received, let alone ignored, any jury summonses lately — well, what if your summons got lost in the mail?

      But if you call your local courthouse to confirm this threat, you'll find out it's a fake, because no legitimate sheriff, court clerk or police officer will send out legitimate legal notices (or issue fines) through email or over the phone. And even in the event that you genuinely do owe some sort of legal fine, that fine is never due within 30 minutes of you first hearing about it, nor before end-of-business that day, and no genuine legal fine is ever required to be paid through a wire transfer, in cash, or via any other untraceable method.

      That said, “my” scammer is trying something slightly different; instead of a fake threat for missing jury duty, I got an unidentified (but vaguely ominous) “Notice to Appear”:

      Notice to Appear,

      The copy of the court notice is attached to this letter.
      Please, read it thoroughly.

      Truly yours,
      Clerk to the Court,
      Betty Mason

      The email included two zip file attachments, which of course I did not open or click on because I know to never trust a zip file in an email, especially an unsolicited one.

      And when I, out of curiosity, typed Betty Mason's name into Google, I got “Betty Mason clerk of the court” as a suggested search term. Unsurprisingly, that search brings up over 749,000 results associating alleged court clerk Betty Mason with a scammy email attempt to plant malware on people's computers.

      Obvious signs

      Of course, even if you've never heard about the jury duty scam, don't know the dangers of unsolicited zip files, and don't even realize that genuine American legal authorities still communicate via old-fashioned U.S. Mail rather than email, there's still some obvious signs indicating that e-mailed “Notice to Appear” is a fraud.

      For starters, look at the sender's return address: no mention of any city, county or state government, let alone the feds (i.e., the various levels of government authority who might actually send legal notices my way); instead it's from somebody called “Lawyers Tax Solutions.” And the address ends in .com, whereas legitimate government websites in the United States end in .gov.

      Also note the generic wording: no mention of my name, home address or any other personally identifying details found on actual legal notices.

      Coincidentally, just last month I did receive a genuine jury duty summons from my county courthouse (though when the time came, I didn't actually have to serve), and that notice, which was printed on paper and landed in my regular postal mailbox rather than an electronic missive in my free web-based email account, did mention my full legal name and home address, along with the genuine mailing address of the county courthouse nearest me. Nothing of the kind appears in that emailed note from “Betty Mason.” Anytime an alleged legal notice or government warning lands in your email inbox, your safest course of action is to assume it's a fake, and delete it.

      The bad thing about scam attempts is that they're a constant in today's world: if you have a phone number or an email address, you will hear from scammers ...

      Is Wall Street's love affair with oil finally over?

      If so, the break-up will be good news for consumers and the economy

      The national average price of a gallon of gas, as measured by AAA's Fuel Gauge Survey, fell below $3 a gallon this week, a milestone not seen since 2010.

      In fact, gasoline prices have not fallen this far, this fast, since exactly 6 years ago. Then, the national average price was $2.16 a gallon in November, after reaching an all-time high of $4.17 the previous July.

      In November 2008 the world was in the midst of a catastrophic credit crisis and there were very real worries about a potential economic collapse. No one is suggesting today's conditions are anything close to that.

      Fewer speculators

      On the other hand, one of the factors at play in 2008 may now be pushing oil prices – and prices at the pump – significantly lower. Now, as then, hedge funds are much less active in the oil futures market.

      When oil prices cratered in 2008 it was generally attributed to the gloomy economic outlook. With economic growth going into reverse the world would need much less oil and therefore the price fell. At least that was the theory.

      But the speed and depth of the price collapse suggests something else was at work. On July 11, 2008 world oil prices hit a record $147.27 a barrel. In November, just 4 months later, the price had fallen to $54 a barrel. A month later prices hit a low of $41.

      It's hard to believe that the world suddenly shut down, parked its cars and turned off the lights, just because the financial markets had gone into a spiral. The world was still using oil – it was just paying a lot less for it.

      One big change was speculators had bailed out of the oil market. With the belief that oil demand would fall, traders were not willing to buy oil futures, leaving the oil market to airlines, wholesalers, refiners and companies that, you know, actually use oil.

      It wasn't until oil prices hit bottom, almost selling for less than what it cost to produce, that traders decided to get back in. Since then, gasoline prices have remained well north of $3 a gallon. Until now.

      Today's environment

      Over the summer, several factors coincided to discourage Wall Street investments in oil. The U.S. dollar surged in value, and since oil is priced in dollars, oil got cheaper. The outlook for growth in the rest of the world began to dim – and it didn't look all that great in the U.S.

      Finally, oil supplies continued to grow. U.S. producers continued their prolific output and OPEC kept on pumping, even when prices started to decline. When Saudi Arabia announced Monday that it is cutting the price of the oil sold to the U.S. – hoping to take market share from U.S. producers – oil prices fell even more.

      In this environment, investors who are normally in the oil futures market have decided to put money elsewhere. With fewer dollars competing for oil, the price goes down, not up.

      This week Bloomberg News reported that hedge fund money managers reduced their net-long positions in West Texas crude by 2.3% in one week. Long positions – holding oil to sell in the future – fell to the lowest level in 17 months.

      Bizarro World

      Business and consumers are often adversaries when it comes to economic matters, but when it comes to the current oil plunge, it's been an absolute Bizarro World. In October, as consumers rejoiced at the gas pump, talking heads on business TV channels worried about the effect of falling oil prices on stocks.

      But at least one market analyst, Jay Bowen of Bowen, Hanes & Co., stated the obvious this week. Lower energy prices are good for both consumers and businesses.

      "The market has basically been able to accomplish what the policymakers couldn't or would not do, and that is a multibillion dollar tax cut for consumers and individuals," Bowen told CNBC. "If we hang around here at $80, $85 a barrel, we're talking about in excess of $100 billion to the consumer. And it's also very meaningful for business in terms of lowering their input costs."

      In other words, a few extra dollars in the hands of consumers and businesses might be able to accomplish what trillions of dollars in stimulus and Quantitative Easing couldn't – jump start the economy.

      Consumers can only hope that hedge funds continue to look at oil as a bad investment.

      The national average price of a gallon of gas, as measured by AAA's Fuel Gauge Survey, fell below $3 a gallon this week, a milestone not seen since 2010....

      Democratic and unemployed: jobless rolls skyrocket in D.C.

      Defeated politicians and their staffers are plunged into a high-stakes musical chairs game

      We're always being told that elections have consequences. Yes, they certainly do and no one knows it better today than the Democratic officeholders thrown out of work by a fed-up electorate yesterday. 

      But oh, the humanity. It's not just Sen. Mark Udall, Gov. Dan Quinn and the like who find themselves jobless in D.C., Springfield and wherever but also their loyal staffers, campaign aides and other hangers-on.

      Leaving aside the Statehouse and City Hall denizens who will soon by looking for work, Washington's K Street is suddenly awash in Democratic job-seekers. While a few may swallow hard and go the academic route or slink home with tail between legs, most will try to find a slot that keeps them in the game -- which means finding a lobbying job toot de suite.

      Of course, not all lobbyists work on K St. just as not all movies are made in Hollywood and not all financial shenanigans occur on Wall Street, but it's useful shorthand born of necessity. After all, just as by most calculations there are more dead people than living people, there are more ex-officeholders and bootlickers in Washington than current ones. They all have to pay the mortgage on their McLean digs and K Street is the place to do it -- the inner circle that knows which oxes can be gored, which interests must be protected and which resources can be plundered.  

      Who needs baristas?

      The wrinkle right now, of course, is that it's mostly Democrats who are out of work. And the reason they're out of work is that the Republicans have won control of both the House and Senate. Think of what would happen if everyone suddenly switched from coffee to tea. Tea houses would be besieged by unemployed baristas.

      While baristas may be hard-working and entertaining, they are not necessarily all that attractive to tea shoppes. Such is the predicament in which unemployed Democrats find themselves today. 

      When Congress is divided, K Street firms like to say they are bipartisan. But with business-oriented Republicans now in charge on Capitol Hill, the most attractive influence peddlers will be the ones who can grab onto the coattails of those who wield the power in the GOP ranks. By definition, these are not Democrats.

      What does this mean to the disgruntled voters who have presumably been hoping to send a message that they want Washington get to work and do something? It means that they will get what they asked for. And history tells us that does not always turn out well.

      In the short term, at least, a Republican Congress may be expected to begin cranking out pro-business legislation and assuring us that this will create more jobs, a more robust economy, improved climate change and so forth. Of course, with the Democrats continuing to hold the White House, it's questionable how much of this legislation will be signed into law and how much will be vetoed but rest assured that numerous camels will get their noses into tents that have hitherto been closed to them.

      Little people

      The one consolation for out-of-work Dems may be that the sting of defeat will be such that Democrats will even further intensify their already strenuous efforts for 2016, which should mean more jobs organizing campaigns, fund-raising and generally agitating on behalf of Democratic causes and candidates. This does not pay as well as dividing up the swag from an office on the Hill but it beats teaching, flipping burgers or greeting Walmart shoppers.

      So rest well, America. All is well in Washington. We're open for business. The bars are busy, the steak houses are packed and the Little People are running back and forth parking cars and keeping the white wine chilled. We'll get through this. Maybe you will too.

      We're always being told that elections have consequences. Yes, they certainly do and no one knows it better today than the Democratic officeholders thrown ...

      Picking apart the picky eater

      Picky eaters are often "grazers" -- they eat small portions throughout the day

      Food has been around forever. Kids that won't eat have been around forever as well. It just comes with the territory of being a parent. One thing you don't want to do is take it personally. It has nothing to do with your cooking. It's just part of being a kid.

      Obviously, this isn't true of all children. Some kids will eat everything in sight and you need a deadbolt on the fridge, but for the sake of this article we are going to focus on the ones that you have to play games with if you want them to eat. I've been there.

      Doctors say that most often picky eaters are "grazers" – that is, kids who eat small amounts of food throughout the day. Making sure your child has set meal and snack times will help ensure she's eating when she's hungry and lessen the chance she'll snack too much.

      Jennifer Tyler Lee devoted a whole book on the subject, titled "The 52 New Foods Challenge" -- a family cooking adventure for each week of the year, she has your back with 150 recipes. She says she wanted to get her kids to be a little more adventurous and get past the plain pasta and peas.

      "What I discovered was that the journey wasn't about getting my kids to change," Lee said. "It was about creating a change in me."

      Dinners transformed

      The book takes you on a journey with her and her family and how she was able to transform family dinners. It will help you change your perspective and it's packed like a well-stocked refrigerator with tips for stressed-out parents of reluctant eaters.

      “When it comes to food, one of the pillars of parenting is to protect the home environment. If you don't want your child to eat it then don't bring it home. Be picky what you bring into the house,” says Dr. David Ludwig, the director of the New Balance Foundation Obesity Prevention Center at Boston Children’s Hospital and the author of “Ending the Food Fight.”

      The Mayo clinic weighs in with a few ideas and says that you should serve small portions -- don't overwhelm your child with a huge plate of lasagna and peas. Serve small amounts like 3 peas and a teeny slice of lasagna. Give them the chance to ask for more.

      Be patient with foods that are new to them. They might smell them and play with the texture of them.

      Encourage your child by talking about a food's color, shape, aroma and texture — not whether it tastes good. By all means serve it with something they really like.

      Serve breakfast for dinner. Change it up a little and make it fun.

      Participation can be a real food additive. If your kids help pick things out at the grocery they take ownership. Then letting them help prepare the meal is all the better. Think about it -- anytime you participate in something it adds value to it.

      The New York Times "Mother Lode" section's Picky Eater project suggests that you not label your child a "picky eater." If your child doesn't eat carrots, don’t stop serving them, or when your child is a guest at someone else’s table, don’t say, "My child doesn't like carrots." If you define them, it makes it that much harder for them to change.

      Food has been around forever. Kids that won't eat they have been around forever as well. It just comes with the territory of being a parent. One thing you ...

      California Highway Patrolman charged with stealing nude photos from arrestees' phones

      Another reason to keep your phone password-protected

      Here's another reason why your smartphone should always be password-protected: former California Highway Patrolman Sam Harrington resigned his positionlast week, and is facing felony charges for stealing personal (and often explicit) photos from the phones of women whom he arrested.

      However, his fellow officers Robert Hazelwood and Dion Simmons, who allegedly received stolen photos from Harrington, are not facing any charges at this time.

      The Contra Costa Times says that, according to court documents, Harrington told investigators he and his fellow officers had been collecting and trading such images for years, and that police viewed it as a “game.”

      Harrington's activities first came to light in late August, when he arrested a woman on suspicion of drunk driving (though the charges against her have since been dismissed, due to the investigation into Harrington's on-the-job actions). The woman later discovered that certain photos had been emailed from her phone, while she was in custody and the phone in police possession.

      Horse face

      Contra Costa's district attorney obtained a search warrant for the officers' phones, and found that Harrington and Hazelwood had the following discussions about the photos (explicit language replaced with dashes, as necessary):

      -- Aug. 29, 2014 after at least one explicit photo of a DUI suspect, identified as Jane Doe #1, was sent:

      CHP officer Robert Hazelwood -- 2:33 a.m. -- "Nudes are always better with the face"

      CHP officer Sean Harrington -- 2:34 a.m. -- "Maybe she knows she has a jacked up horse face?!?!?"

      Hazelwood -- 2:34 a.m. -- "Let's see the dl"

      Harrington -- 2:44 a.m. -- "When we get back to the office. And we'll have MDF mug shot, too"

      Hazelwood -- 2:45 a.m. "Haha ok."

      Harrington -- 2:45 a.m. "But trust me. She's like a 5 or a 6 at best"

      Hazelwood -- 2:46 a.m. "Her body is rocking though"

      Harrington -- 2:46 a.m. "Small (breasts)"

      Hazelwood -- 2:47 a.m. "Still looks good to me"

      Going further back, the district attorney found the police would complain if the photos found on an arrestees' phone were not explicit enough:

      -- Aug. 7, 2014, exchange after Harrington said he took two photos of a DUI suspect in a bikini from the 19-year-old's phone while she received X-rays following a car accident. He forwarded the images to a CHP colleague:

      CHP officer Sean Harrington -- 2:46 p.m. -- "Taken from the phone of my 10-15x while she's in X-rays. Enjoy buddy!!!"

      CHP officer Robert Hazelwood -- 2:48 a.m. -- "No f---ing nudes?"

      Harrington -- 2:49 a.m. -- "Nope. Gotta work with what's there"

      After first learning about this behavior from members of the California Highway patrol, Contra Costa Times reporter Matthias Gafni investigated and discovered similar cases throughout the country: police officers without warrants going through arrestees' phones, not even to search for evidence of a crime, but for salacious photographs and other sources of personal police amusement.

      Of course, in most states it is illegal for police to go through people's phones unless they first obtain a search warrant — but then, if everybody could be trusted to obey the law, we wouldn't have to worry about data theft or password protection in the first place. And there wouldn't be any police officers. 

      Here's another reason why your smartphone should always be password-protected: former California Highway Patrolman Sam Harrington resigned his position las...

      The jobs keep coming

      ADP says the economy added 230k private sector workers last month

      Another 230,000 people found work in the private sector during October, according to the ADP National Employment Report.

      Positions at companies with 50-499 employees rose by 122,000 last month -- well over twice September’s increase of 47,000. Job creation at large companies -- those with 500 or more employees -- saw a big drop from 85,000 the previous month to only 5,000 jobs added in October.

      Companies with 500-999 employees added 14,000 jobs, although this was offset by the loss of 8,000 jobs by companies with over 1,000 employees.

      "Employment continues to trend upward as we begin the last quarter of 2014, driven mostly by small to mid-sized companies,” said Carlos Rodriguez, president and chief executive officer of ADP. “October’s job growth is the highest since June and the second highest gain of 2014.”

      Sector performance

      Employment in goods-producing companies by 48,000 in October, down 2,000 from September, while the construction industry added 28,000 jobs, more than double the 13,000 hires in September.

      Manufacturing, meanwhile, added 15,000 jobs in October, down by over half from September’s 33,000 -- the highest total in that sector since March 2011.

      Service-providing employment rose by 5,000 jobs from September -- to 181,000 jobs in October, with professional/business services contributing 53,000. Employment in trade/transportation/utilities grew by 47,000, while financial activities added 4,000 positions -- less than half of the previous month’s number.

      “The job market is steadily picking up pace. Job growth is strong and broad-based across industries and company sizes,” said Mark Zandi, chief economist of Moody’s Analytics. “At this pace of job growth unemployment and underemployment is quickly declining. The job market will soon be tight enough to support a meaningful acceleration in wage growth.”

      The ADP National Employment Report is produced by ADP in collaboration with Moody’s Analytics.

      Another 230,000 people found work in the private sector during October, according to the ADP National Employment Report. Positions at companies with 50-49...

      Mortgage applications down for second consecutive week

      Applications for refinancings were down as well

      Another drop in applications for mortgages -- the second in as many weeks.

      According to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey, applications fell 2.6% from one week earlier during the week ending October 31.

      The Refinance Index was down 6% from the previous week, taking the refinance share of mortgage activity to 63% of total applications from 65% the previous week. The adjustable-rate mortgage (ARM) share of activity decreased to 7.4% of total applications.

      Meanwhile, the FHA share of total applications jumped to 9.5% from 8.9% a week earlier, the VA share of total applications was unchanged at 10.7% and the USDA share of total applications remained at 0.9%.

      Contract interest rates

      • The average contract interest rate for 30-year fixed-rate mortgages (FRMs) with conforming loan balances ($417,000 or less) rose 4 basis points -- to 4.17% from 4.13%, with points increasing to 0.22 from 0.21 (including the origination fee) for 80% loan-to-value ratio (LTV) loans. The effective rate increased from last week.
      • The average contract interest rate for 30-year FRMs with jumbo loan balances (greater than $417,000) was unchanged at 4.13%, with points decreasing to 0.11 from 0.13 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.
      • The average contract interest rate for 30-year FRMs backed by the FHA remained held steady at 3.84%, with points increasing to 0.34 from 0.16 (including the origination fee) for 80% LTV loans. The effective rate increased from last week.
      • The average contract interest rate for 15-year FRMs rose to to 3.38% from 3.28%, with points increasing to 0.31 from 0.24 (including the origination fee) for 80% LTV loans. The effective rate increased from last week.
      • The average contract interest rate for 5/1 ARMs jumped 14 basis points -- to 3.08%, with points decreasing to 0.33 from 0.43 (including the origination fee) for 80% LTV loans. The effective rate increased from last week.

      The survey covers over 75% of all U.S. retail residential mortgage applications.

      Another drop in applications for mortgages -- the second in as many weeks. According to data from the Mortgage Bankers Association’s (MBA) Weekly Mortgage...

      Ford Flex and F-150 vehicles recalled

      The passenger airbag may not deploy in certain frontal crashes

      Ford is recalling approximately 135,000 2014 Ford Flex vehicles manufactured between March 1, 2014, and May 31, 2014; and F-150 vehicles built from March 1, 2014, to May 31, 2014; and F-150 vehicles serviced with a suspect seat track assembly repaired Feb. 17, 2014, through Oct. 31, 2014.

      A passenger seat sensing issue could result in non-deployment of the passenger airbag in certain frontal crashes, if an adult is in the passenger seat. This may increase the risk of injury in certain frontal crashes.

      Ford says it is unaware of any accidents or injuries related to this condition.

      Dealers will widen the gap between the manual seat frame and seat track assembly, then calibrate the seat occupant classification system at no cost to the customer.

      Ford is recalling approximately 135,000 2014 Ford Flex vehicles manufactured between March 1, 2014, and May 31, 2014; and F-150 vehicles built from March 1...

      Ford recalls F-150 trucks

      The vehicles have a brake pedal position switch issue

      Ford is recalling approximately 950 2014 Ford F-150 vehicles built from March 1, 2014, to March 13, 2014.

      A brake pedal position switch that may be incorrectly adjusted, possibly resulting in a delay or a non-illumination of the brake lights when the brake pedal is depressed.

      Drivers may need to use additional brake pressure to disengage the cruise control system, so Ford is advising customers not to use cruise control until the vehicle has been repaired. The cruise control system off switch on the steering wheel will continue to disengage the system.

      Ford says it is unaware of any accidents or injuries related to this condition.

      Dealers will remove and reinstall the brake pedal position switch at no cost to the customer.

      Ford is recalling approximately 950 2014 Ford F-150 vehicles built from March 1, 2014, to March 13, 2014. A brake pedal position switch that may be incorr...

      Ford recalls Ford Crown Victoria, Mercury Grand Marquis and Lincoln Town Car vehicles

      The vehicles' steering issue may have been improperly repaired in a previous recall

      Ford is recalling approximately 38,600 2005-2011 Ford Crown Victoria vehicles, Mercury Grand Marquis vehicles, and Lincoln Town Car vehicles built from March 8, 2004 to Aug. 30, 2011.

      The vehicles may have been improperly repaired during a previous safety recall for an issue with the lower intermediate steering shaft. This improper repair could potentially result in a loss of steering.

      Ford says it is aware of one accident and no injuries attributed to this condition.

      Dealers will inspect and replace the upper intermediate steering shaft if necessary. They will also inspect the steering column lower bearing and install a bearing retainer kit if necessary.

      Ford is recalling approximately 38,600 2005-2011 Ford Crown Victoria vehicles, Mercury Grand Marquis vehicles, and Lincoln Town Car vehicles built from Mar...

      Toyota recalls Camrys and Avalons

      A manufacturing error could cause a loss of steering control

      Toyota Motor Sales is recalling approximately 5,650 Model Year 2014 Toyota Camry, Camry Hybrid, Avalon and Avalon Hybrid vehicles.

      The left front suspension lower arm in the recalled vehicles may have an improperly manufactured bolt hole where it connects to the ball joint, affecting bolt clamping force.

      In the event of a severe impact to the lower ball joint, which could result from varying road surfaces during normal driving, the lower arm could separate from the ball joint. Separation of the lower arm can cause a loss of steering control.

      Toyota says it is unaware of any crashes, injuries or fatalities related to this condition.

      Owners of the recalled vehicles will receive a notification by first class mail. Toyota dealers will replace the left front lower suspension arm with a new one.

      Consumers may call Toyota Customer Service at 1-800-331-4331.

      Toyota Motor Sales is recalling approximately 5,650 Model Year 2014 Toyota Camry, Camry Hybrid, Avalon and Avalon Hybrid vehicles. The left front suspensi...

      What final mortgage rule may mean for housing market

      It may mean more consumers can qualify for a mortgage with less down

      In late October, six U.S. government agencies finalized a rulerequiring lenders that bundle and sell mortgages as securities to retain ownership of a portion of those loans – a way to provide accountability.

      Within that rule is the official definition of a “Qualified Mortgage,” which may make it more likely would-be homeowners can get a mortgage. If more consumers can qualify, it stands to reason it would help both people who want to buy a home and those who want to sell.

      The rule is part of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act), passed in the wake of the financial crisis. It was designed to head off another housing meltdown.

      How mortgage industry changed

      A generation or two ago mortgage lenders usually kept and serviced the loans that they made. Since they were assuming the risk, they used safeguards to make sure the people they lent money to could pay it back.

      But when lenders started selling their loans as soon as they made them, they frankly didn't care whether the borrower could pay it back. That would be someone else's problem.

      Actually, it turned out to be everyone's problem because the financial system nearly collapsed. To reintroduce some accountability Dodd Frank called for lenders to retain some ownership of the loans they made – a level the newly finalized rule fixes at 5%.

      Qualified Residential Mortgage

      But there is an exception. Lenders don't have to hold onto that 5% if the loan they make meets the standards of a Qualified Residential Mortgage (QRM). For the first time, the final risk retention rule officially defines what that is.

      The final rule aligns the QRM definition with that of a qualified mortgage as defined by the Consumer Financial Protection Bureau (CFPB). That is, it requires lenders to make “a reasonable, good faith determination of a consumer’s ability to repay any consumer credit transaction secured by a dwelling and establishes certain protections from liability under this requirement for qualified mortgages.”

      Housing and Urban Development (HUD) Secretary Julian Castro says finalizing the rule is an important step forward in creating an environment where good lenders and qualified borrowers can work together without mistrusting one another. And the rule may give lenders more leeway to determine just who is a qualified borrower.

      More credit for more consumers

      “This cross agency effort affirms the administration's commitment to creating needed certainty for lenders to expand access to credit for our nation's underserved borrowers, while ensuring that the past abuses that helped cause the last financial crisis aren’t repeated,” Castro said in a statement.

      In a sign that the final rule may turn out to be good news for the housing market, the National Association of Realtors (NAR) strongly endorsed it.

      “Realtors are confident that the new QRM rule will encourage sound and financially prudent mortgage financing by lenders while also ensuring responsible home buyers have access to safe and affordable credit,” said NAR president Steve Brown.

      By aligning the QM rule with standards already adopted by CFPB, Brown says everyone will now be on the same page. And he says it should make it easier for consumers to qualify for mortgages.

      More flexibility on down payments

      “Importantly, the final rule relies on sound and responsible underwriting rather than on an onerous down payment requirement to qualify as a QRM loan,” Brown said. “NAR strongly opposed earlier versions of the rule that included 20% and 30% down payment requirements, which would have denied millions of Americans access to the lowest cost and safest mortgages.”

      Realtors worked with civil rights and consumer groups to push for more flexibility when it comes to down payments, seen in the industry as one of the biggest obstacles keeping otherwise qualified consumers from buying homes.

      However, that in itself may not be enough to give the cooling housing market a spark. For banks to make more mortgages, they need to have confidence they can sell those mortgages. David Stevens, CEO of the Mortgage Bankers Association, says that confidence still isn't quite there.

      “It is important to realize that this rule will not have a significant impact in making mortgage credit more available, as there remain structural and market barriers that need to be addressed for the private label securities market to fully return,” he said.

      In late October, six U.S. government agencies finalized a rule requiring lenders that bundle and sell mortgages as securities to retain ownership of a port...