Current Events in December 2015

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    Consumers with RadioShack gift cards can now file claims

    Struggling retailer also adds Nick Cannon as Chief Creative Officer

    RadioShack may barely be breathing, but that doesn't mean it doesn't have to honor its gift cards.

    New York Attorney General Eric Schneiderman says consumers who have unused gift cards from RadioShack, which entered bankruptcy earlier this year, can now file claims to recover the unused balance.

    “Individuals who have unused balances on RadioShack gift cards may now apply to get their money back,” Schneiderman said. “When a company goes bankrupt, it is important that consumers are protected and this claims process will ensure just that.”

    To redeem the unused portion of a RadioShack gift card, go to OldRadioShackGiftCards.com to obtain a claim form that can be submitted electronically or by mail.

    Bankruptcy court approved

    The claims process was the outgrowth of action by 24 states and the District of Columbia that won approval from the U.S. Bankruptcy court in Wilmington, Del., in September. All U.S. consumers have until December 2 of next year to file a claim.

    Schneiderman has raised a concern about a likely scam that could grow out of this arrangement. He cautions consumers that no one associated with this settlement will contact them to ask for personal or financial information or to request any payment. Consumers asked for such information or payment, he says, should say no to those requests.

    Harnessing some star power

    Meanwhile, the beleaguered electronics retailer has announced that it has landed TV personality Nick Caannon as RadioShack's Chief Creative Officer. The company says Cannon will play an active role in the development of RadioShack-exclusive products as well as helping to further transform the retailer.

    RadioShack said it will also turn to Cannon to help the company continue to grow its educational and S.T.E.M (science, technology, engineering and math) initiatives nationwide. He will maintain an office at RadioShack headquarters in Fort Worth, Texas.

    "RadioShack is a brand that matters," Cannon said. "As a kid, spending time in my neighborhood RadioShack was invaluable. The maker mentality and educational approach taught me a lot and encouraged me to explore my own creativity.”

    RadioShack may barely be breathing, but that doesn't mean it doesn't have to honor its gift cards.New York Attorney General Eric Schneiderman says cons...

    Fresh produce the leading cause of food-borne illness

    But pound for pound, many other foods are more dangerous

    The good thing about fresh produce is that it's healthy, low in calories, and easy to prepare. The bad thing about it is that it's often eaten raw and can therefore be contaminated with infectious agents.

    In fact, the Center for Science in the Public Interest looked at outbreaks of foodborne illness over the past ten years and found that fresh produce caused 629 outbreaks, making about 20,000 people sick, more than any other food category. 

    However, CSPI says that's no reason to stop eating fruits and vegetables. 

    “You are twice as likely to get sick from eating a serving of chicken as from eating a serving of vegetables,” said CSPI senior food safety attorney David Plunkett, co-author of the report.  “The data support improving the safety of our produce supply but don’t support eating less fruits and vegetables, which provide valuable nutrients.”

    CSPI found that seafood is the second leading cause of outbreaks, but because the number of people sickened in any one outbreak is small, it caused fewer illnesses than most foods. Measured on a pound-for-pound basis, however, seafood remains the leading cause of foodborne illness.

    9,629 outbreaks

    Over the period studied, there was a total of 193,754 illnesses reported from 9,626 outbreaks. An outbreak is defined as two or more cases of a similar illness caused by the same food source. Out of the total number of reported outbreaks, the CDC was able to identify both the food source and contaminant in less than 40 percent. CSPI only reviewed those 3,485 “solved” outbreaks.

    Poultry caused more outbreaks and illnesses than either beef or pork.

    Most outbreaks (1,283) began in restaurants, but their average size per outbreak is smaller than outbreaks that occurred in group settings such as catered events, churches, schools and prisons where large numbers of people are eating the same food.

    The study found the foodborne illness surveillance system is improving, but more needs to be done, Plunkett said. Illnesses caused by cilantro contaminated with the intestinal parasite Cyclospora illustrate the problem. It took three years of outbreaks before investigators found the source—cilantro grown in Mexican fields that were littered with toilet paper and human feces.

    “Far too many outbreaks are not getting solved quickly or are going unsolved altogether, thereby forgoing opportunities to implement corrective measures,” Plunkett said. “We need a better surveillance system.”

    The full report is available online. 

    The good thing about fresh produce is that it's healthy, low in calories, and easy to prepare. The bad thing about it is that it's often eaten raw and can...

    Ersatz Yellow Pages business fined $1.2 million

    Canadian company scammed U.S. businesses, non-profits

    A U.S. federal district court has banned a Montreal company from continuing to operate an alleged business directory scam that the Federal Trade Commission says preyed on small U.S. businesses and non-profits. 

    The FTC charged in March that the defendants, Ivan Chernev, German Lebedev, and their companies, billed small businesses and nonprofits in the United States for unwanted listings in supposed online Yellow Pages business directories.

    The court halted the operation and froze the defendants’ assets pending litigation. The defendants did not respond to the FTC’s allegations and the court has entered a default judgment and order against them.

    Using a variety of business names, the defendants sent medical practices, churches, and retirement homes unsolicited invoices with the familiar “walking fingers” image, seeking $480.95 or a similar amount for a one-year directory listing. When consumers ignored the invoices, the defendants sent collection warnings demanding payment of more than $2,000. When consumers still refused to pay, the defendants sent dunning notices, posing as a third-party debt collector.

    Court order

    The court order prohibits the defendants from misrepresenting material facts about any product or service, profiting from customers’ personal information and failing to dispose of it properly, and trying to collect payments for any business directory listings. The $1.2 million judgment imposed by the order must be paid within seven days.

    The defendants are American Yellow Browser Inc.; American Yellow Group Inc.; Distribution H.E.P. Inc., also doing business as American Yellow Distribution and Medical Yellow Directories Inc.; Official Yellow Guide Inc.; Publication A.A.P. Inc., also d/b/a All American Pages and Official Yellow Guide; Publication A.Y.B. Inc., also d/b/a American Yellow Browser Inc., American Yellow Group Inc., and All American Pages Inc.; Publications A.Y.D. Inc.; Ivan Chernev, also d/b/a American Yellow Corporation Inc., General Credit Protection Inc., and Credit Bureau Recovery; and German Lebedev, also d/b/a American Yellow Directories Inc.

    The U.S. District Court for the Northern District of Illinois, Eastern Division, entered a default judgment and order against the defendants on November 20, 2015.

    A U.S. federal district court has banned a Montreal company from continuing to operate an alleged business directory scam that the Federal Trade Commission...

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      Estimated 400,000 drones to be sold during the holidays

      What you should know before unwrapping yours and launching it

      The skies over the U.S. are about to get a lot more crowded, and not with conventional aircraft.

      The Consumer Technology Association (CTA) predicts that 2015 will be a defining year for drones in the U.S. It forecasts that 400,000 consumer drones will be sold this holiday season.

      That's a scary thought for some, considering there's a news report every other week about a drone going rouge and crashing into a car, the neighbor's dog, and even the White House lawn.

      The Federal Aviation Administration (FAA), which traditionally is focused on keeping commercial airliners in the sky, finds that it must now deal with these thousands of small, hovering craft piloted by unlicensed consumers.

      Drone task force

      In response, the FAA has appointed a special task force to guide development of regulations to govern this exploding technology. Douglas Johnson, vice president of technology policy at CTA, is a member of the task force.

      "Collaboration and innovation contribute to the safe integration of unmanned aircraft systems in the national airspace,” Johnson said. “CTA and several other organizations continue to support the Know Before You Fly consumer safety campaign encouraging responsible use of drones.”

      Know Before You Fly is the FAA's attempt to get a handle on the situation, providing largely novice pilots with basic information for the safe operation of their craft. The campaign asked pilots to:

      • Keep their aircraft below 400 feet
      • Fly with local clubs
      • Inspect aircraft before takeoff, to make sure it doesn't crash
      • Consider taking a lesson before take-off
      • Keep aircraft away from airports or stadiums
      • Don't let the aircraft get out of sight

      Don't go pro

      Drone owners are also reminded that they must preserve their amateur status. They are not to fly for payment, or for any commercial purpose, without permission from the FAA.

      "This is a crucial time for public policy concerning drones,” Johnson said. “For the U.S. to stay competitive, and for drone-related businesses and startups to thrive, we need regulatory as well as non-regulatory solutions that support both safety and innovation.”

      In the end, policymakers see drones becoming an economic force, not a passing consumer fad. With Amazon.com seriously contemplating drone delivery of packages, it's serious business for government and industry.

      “Pretty much everyone in this industry is looking forward to having the regulatory environment set in stone,” Romeo Durscher, Senior Executive at DJI Global, a drone manufacturer, told CNBC. “We're excited the FAA has realized the importance of this technology and all the possible applications that can come from it. Hopefully by the middle of 2016 we'll have those final regulations in place for commercial use of this technology.”

      Meanwhile, DJI has introduced a new geofencing system featuring continually updated airspace information, giving drone pilots up-to-date guidance on locations where flight may be restricted by regulation or raise safety concerns.

      For the first time, the company says drone operators will have, at the time of flight, access to live information on temporary flight restrictions due to forest fires, major stadium events, VIP travel, and other changing circumstances.

      The skies over the U.S. are about to get a lot more crowded, and not with conventional aircraft.The Consumer Technology Association (CTA) predicts that...

      Non-manufacturing sector continues its growth

      However, the rate in November was a bit slower than in the previous month

      Another month of growth for the economy's non-manufacturing sector, although the pace was not as robust as we saw the month before.

      The Institute for Supply Management (ISM) says in its latest Non-Manufacturing Report On Business that the non-manufacturing index (NMI) registered 55.9% in November, down 3.2% from the October reading. Still, It was the 77th consecutive month of growth by the sector.

      A reading above 50 indicates the sector is expanding; below 50 suggests contraction.

      The Non-Manufacturing Business Activity Index was down 4.8% to 58.2%, but still reflects growth for the 76th consecutive month. The New Orders Index came in at 57.5, down 4.5%. The Employment Index, however, was down 4.2% to 55%, but still grew for the 21st consecutive month.

      Industry performance

      The 12 non-manufacturing industries reporting growth in November -- listed in order -- were:

      1. Real Estate, Rental & Leasing;
      2. Information;
      3. Retail Trade;
      4. Health Care & Social Assistance;
      5. Accommodation & Food Services;
      6. Transportation & Warehousing;
      7. Finance & Insurance;
      8. Professional, Scientific & Technical Services;
      9. Management of Companies & Support Services;
      10. Construction;
      11. Educational Services; and
      12. Public Administration.

      The six industries reporting contraction in November -- in order -- were:

      1. Mining;
      2. Arts, Entertainment & Recreation;
      3. Wholesale Trade;
      4. Utilities;
      5. Agriculture, Forestry, Fishing & Hunting; and
      6. Other Services.

      Jobless claims

      There was an uptick in initial jobless claims during the holiday-shortened week ending November 28.

      According to the Department of Labor (DOL), a seasonally adjusted 269,000 people filed applications for the first time for state unemployment benefits, an increase of 9,000 from the previous week's unrevised level. Officials say there were no special factors affecting the tally.

      The four-week moving average, which is less volatile than the weekly accounting and considered a better barometer of the labor market, was down 1,750 from the week before to 269,250, the lowest level in nearly 15 years.

      The complete report is available on the DOL website.

      Another month of growth for the economy's non-manufacturing sector, although the pace was not as robust as we saw the month before....

      Job cut total drops to lowest level in more than a year

      But this could still be the worst year since '09

      Finally -- a break.

      Planned job cuts in November fell to their lowest level in 14 months following a four-month stretch that saw more than a quarter of a million payroll positions disappear.

      Outplacement consultancy Challenger, Gray & Christmas reports that corporate America announced workforce reductions totaling 30,953 in November -- down 39% from October and 14% from November 2014, when 35,940 job cuts were reported.

      The November figure represents the smallest job-cut month since September 2014 when 30,477 terminations were announced, and comes on the heels of a four-month period during which 256,263 job cuts were recorded.

      So far this year, employers have handed out 574,888 pink slips, 28% more than the 450,531 through November 2014. Job cuts for the year are on pace to be the heaviest since 2009, when 1,272,030 workers were canned.

      “The fourth quarter tends to experience heavier cuts, as employers make year-end adjustments to workforce levels in order achieve earnings goals,” said John A. Challenger, chief executive officer of Challenger, Gray & Christmas. “The November decline could be the quiet before a December storm or it could signal a lower-than-expected downsizing to close out the year. If recent history is any indication, it could be the latter, as December job cuts have been lower than the annual average since the end of the recession.”

      The oil patch takes a breather

      While oil-related job cuts have dominated the headlines this year, they accounted for just 1,355 last month, the fewest since June.

      Industrial goods ranked as the top job-cutting industry in November, with firms in the sector announcing 7,398 planned firings -- up 109% from October. Industrial goods firms have announced 54,845 job cuts so far this year, putting them fourth behind energy, government, and retail.

      In 2008, employers announced 166,348 job cuts in December, the second highest job-cut month of that year. However, beginning in 2009, December job cuts have averaged just 35,784.

      Challenger points out that overall, the U.S. economy is fairly strong. “The increase in job cuts this year is due to a handful of industries. In fact, of the 28 sectors we track, more than half have experienced a year-over-year decline in job cuts. “Unfortunately,” he concludes, “five sectors have seen job cuts more than double. Job cuts in the energy sector have increased a staggering 708% from a year ago.”

      Finally -- a break. Planned job cuts in November fell to their lowest level in 14 months following a four-month stretch that saw more than a quarter of ...

      Felt Bicycles recalls mountain bikes with OEM carbon fiber seatposts

      The carbon seat post originally sold with the bicycle can crack and break

      Felt Bicycles of Irvine, Calif., is recalling about 645 mountain bicycles.

      The carbon seat post originally sold with the bicycle can crack and break, posing injury and fall hazards to the rider.

      The company has received 10 reports of the seat post cracking. No injuries have been reported.

      This recall involves all model year 2015 Felt Double Double 30, NINEe 20 and Edict 1 mountain bicycles. The bicycles were sold with carbon fiber seat posts.

      The model name is printed on the top tube of the bicycles. The Felt logo is on the down tube of the Double Double 30 and the NINEe20, and on the top tube of the Edict 1.

      The Double Double 30 was sold in the color blue. The NINEe 20 was sold in a gray and orange color scheme. The Edict 1 was sold in a black and blue color scheme.

      The bicycles, manufactured in Taiwan, were sold at bicycle specialty stores nationwide from August 2014, through September 2015, for between $2,000 and $5,500.

      Consumers should immediately stop using the recalled bicycles and contact their local Felt Bicycles dealer for a free inspection and seat post replacement.

      Consumers may contact Felt Bicycles toll-free at 866-433-5887 from 8 a.m. to 5 p.m. (PT) Monday through Friday or online at http://www.feltbicycles.com/USA.aspx and click on “Notices” for more information.

      Felt Bicycles of Irvine, Calif., is recalling about 645 mountain bicycles. The carbon seat post originally sold with the bicycle can crack and brea...

      Scientists: losing weight can reverse type-2 diabetes

      Removing one gram of fat from the pancreas is apparently the key

      In the last decade there has been an explosion in the number of type 2 diabetes cases, coinciding with a massive rise in obesity.

      The disease is a long-term condition caused by too much glucose, a type of sugar, in the blood.

      Now, researchers at Newcastle University in the UK say they have found a simple way to reverse it; lose weight.

      After a small trial, the scientists have concluded that reducing the amount of fat around the pancreas in type 2 diabetes patients returns organ functions to normal. They say this shows that the excess fat in the diabetic pancreas is specific to type 2 diabetes and important in preventing insulin from being made.

      When that excess fat is removed, insulin secretion increases to normal levels. In other words, they were diabetes free.

      Previous research

      This isn't the first study to suggest weight loss might reverse type 2 diabetes. Last year, researchers at the Cleveland Clinic found that bariatric surgery – reducing the size of the stomach so the patient loses weight – appeared to be effective in reversing diabetes.

      Meanwhile, like most chronic diseases, type 2 diabetes is treated with drugs, including the newly approved Jardiance.

      Roy Taylor, a professor at Newcastle University, says losing weight simply helps patients with type 2 diabetes drain excess fat out of the pancreas, and that allows function to return to normal.

      One gram of pancreas fat

      “So if you ask how much weight you need to lose to make your diabetes go away, the answer is one gram. But that gram needs to be fat from the pancreas,” Taylor said. “At present the only way we have to achieve this is by calorie restriction by any means – whether by diet or an operation.”

      In the trial, type 2 diabetes patients saw the fat levels in their pancreas decrease by as much as 1.2% over eight weeks. With an average pancreas for a person with Type 2 diabetes having a volume of 50 ml, this is the equivalent of around 0.6 grams of fat.

      The patients who had never had diabetes experienced no change in the level of fat in their pancreas. That told the scientists that the increase in fat in the pancreas is specific to people who develop type 2 diabetes.

      The fat in the pancreas may, in fact, be a trigger for the disease, and individuals vary in how much fat they can tolerate in the pancreas before type 2 diabetes develops.

      What to do

      Taylor says the research may transform the thinking about type 2 diabetes and its treatment.

      Keep in mind, this is a report of research findings. It should not be used by patients to make unilateral decisions about their care or to start or stop prescribed medications.

      If you have concerns about type 2 diabetes treatments, you should discuss them with your doctor, mentioning this study. 

      In the last decade there has been an explosion in the number of type 2 diabetes cases, coinciding with a massive rise in obesity.The disease is a long-...

      Hillary Clinton proposes more and faster broadband

      Her plan trails that of challenger Bernie Sanders, however

      Hillary Clinton today unveiled a five-year, $275 billion "infrastructure" plan that would, among other things, offer faster broadband connections to millions. The plan is somewhat short on specifics, but basically pledges to do what federal agencies have already called for.

      The other things in the plan -- roads, bridges, etc. -- are by no means minor and it's not clear how much money would go to broadband and how much would go to more concrete infrastructure items. On Capitol Hill, after all, "infrastructure" is widely understood to mean asphalt and concrete. 

      Not that anyone over at the roads and bridges depot was jumping for joy at Clinton's plan. Brian Pallasch, chief lobbyist for the Society of Civil Engineers, called it "a promising step in the right direction" but added: “Most of these plans are constrained by our ability to raise revenue. This one is probably no different than that.”

      Redefine it

      Everyone admits, of course, that something needs to be done about broadband. The Federal Communications Commission took the first step earlier this year when it changed the definition of broadband, raising the minimum download speed from 4Mbps to 25Mbps and the minimum upload speed from 1Mbps to 3Mbps. Approximately 20% of Americans’ connections do not meet that standard.

      There are those who argue that the FCC is on the right track. By redefining broadband, it puts the onus on Internet providers to speed things up, sparing taxpayers the expense of building bigger pipes. As for expanding broadband to unserved rural areas, that is the kind of thing that is often financed by a "universal access" tax on existing users.

      Nevertheless, affordable broadband has become one of those things candidates feel obligated to promise they'll provide.  

      "High-speed internet access is not a luxury; it is a necessity for equal opportunity and social mobility in a 21st century economy," Clinton’s plan says.

      Competing plans

      Clinton's most prominent opponent for the Democratic presidential nomination, Bernie Sanders, previously proposed a more ambitious $1 trillion plan that includes $5 billion a year to expand broadband networks in unserved and underserved areas.

      Sanders' critics -- and even his allies -- have noted, however, that just where that $1 trillion would come from is an open question. Unless the Democrats can clean house and regain control of Congress -- an unlikely prospect -- there's not likely to be that kind of money readily available. 

      Clinton said she would pay for her plan through "business tax reform," but didn't specify just what that might entail or how she would get it through Congress. The easiest way to please the bridge and tunnel crowd is to raise the gas tax, something no one has had the nerve to do for 22 years and Clinton isn't proposing it either. 

      Trump Broadband?

      GOP front-runner Donald Trump has not yet outlined a broadband plan but his presumably will be bigger and faster than anything anyone has ever seen.

      And, lest we forget wireless service, Clinton's plan also calls for “fostering the evolution from 4G wireless networks to 5G networks and other next-generation systems,” which she said will be needed to support connected devices, smart factories, and driverless cars. 

      Clinton's campaign said her plan would put the U.S. on a par with China and other countries that have pulled ahead in the broadband race.

      Hillary Clinton today unveiled a five-year, $275 billion "infrastructure" plan that would, among other things, offer faster broadband connections to millio...

      Rips in your luggage after a flight? The airline has to pay

      Government reminds airlines of their responsibility

      Amid the many complaints about air travel, consumers often report that their luggage looks like it's taken a side trip through a war zone when it arrives on the baggage claim conveyor belt.

      Should this happen to you, remember that it is the airline's responsibility to get your bag to your destination without tearing it up.

      The U.S. Department of Transportation (DOT) recently issued a notice reminding airlines of this fact. Airlines, the government says, have to compensate passengers for damage to wheels, straps, zippers, handles, and other protruding parts of checked baggage beyond normal wear and tear.

      The government's notice also stresses that airlines are required to accept consumers' reports of mishandled bags, even if the agent doesn't think the airline is liable.

      Inspection results

      The DOT issued the reminder late last month after it said recent airport inspections discovered that airlines were denying claims, based on the parts of the luggage that showed damage.

      “These inspections demonstrate the department’s commitment to protecting consumers when they travel by air,” said U.S. Transportation Secretary Anthony Foxx. “While we are proud of the progress we’ve made so far, we will continue to strengthen how we monitor and enforce compliance with air travel consumer protection and civil rights rules.”

      The inspection took place at 16 U.S. airports in September. Federal inspectors said they found some airlines were refusing to accept reports from consumers when they complained about damage to their luggage while it was in the airlines' care.

      Common complaint

      At ConsumerAffairs, we hear from many airline passengers who have experienced damaged bags at the hands of airline baggage handlers. Just about every airline in our database has at least one horror story about damaged bags.

      Last week's reminder to the airlines informed the companies – which are enjoying record profits, thanks in part to baggage fees – that they will face enforcement action if they aren't in compliance with DOT rules by January 9.

      Amid the many complaints about air travel, consumers often report that their luggage looks like it's taken a side trip through a war zone when it arrives o...

      Mortgage applications fall during holiday week

      Contract interest rates were mixed

      Mortgage applications dipped last week as consumers took a day off to observe Thanksgiving.

      According to the Mortgage Bankers Association’s (MBA) Weekly Mortgage Applications Survey, applications were down 0.2% in the week ending November 27.

      The Refinance Index plunged 6% from the previous week, sending the refinance share of mortgage activity down 2.1% -- to 56.6% of total applications.

      The adjustable-rate mortgage (ARM) share of activity was 6.1% of total applications; the FHA share fell to 13.2% from 13.7% the week prior; the VA share inched up 0.3% from the previous week to 11.3%; and the USDA share of total applications was unchanged at 0.7%.

      Contract interest rates

      • The average contract interest rate for 30-year fixed-rate mortgages (FRMs) with conforming loan balances ($417,000 or less) slipped two basis points -- to 4.12% from 4.14%, with points increasing to 0.50 from 0.49 (including the origination fee) for 80% loan-to-value ratio (LTV) loans. The effective rate decreased from last week.
      • The average contract interest rate for 30-year FRMs with jumbo loan balances (greater than $417,000) was unchanged at 3.99%, with points rising to 0.33 from 0.30 (including the origination fee) for 80% LTV loans. The effective rate increased from last week.
      • The average contract interest rate for 30-year FRMs backed by the FHA rose to 3.89% from 3.87%, with points unchanged at 0.49 (including the origination fee) for 80% LTV loans. The effective rate increased from last week.
      • The average contract interest rate for 15-year FRMs fell three basis points to 3.36%, with points increasing to 0.44 from 0.43 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.
      • The average contract interest rate for 5/1 ARMs dropped from 3.19% to 3.11%, with points rising to 0.44 from 0.38 (including the origination fee) for 80% LTV loans. The effective rate decreased from last week.

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

      Mortgage applications dipped last week as consumers took a day off to observe Thanksgiving.According to the Mortgage Bankers Association’s (MBA) Weekly...

      Virgin America traveler gets barred from his flight

      The reason? The flight crew said that they "didn't feel comfortable" having him on board

      Many of us have had less than stellar experiences at the airport. After all of the long lines, changing gates, and hoops to jump through, it can be even more frustrating if you don't even manage to get on your flight. That is the story of one traveler who missed his flight, not because of a cancellation, but because the flight crew and captain would not let him on the plane.

      The traveler, Robert B. Abtahi, is a prominent Texas lawyer, the vice-chair of the Dallas Plan Commission and, perhaps not coincidentally an Irani-American. He was trying to board his Virgin America flight to Dallas from LaGuardia Airport when the gate agent told him that the crew did not “feel comfortable” having him aboard.

      The reason for these feelings? Apparently, Abtahi had cut off one of the flight attendants earlier that day while entering the airport through a revolving door.

      “[The gate agent] said I cut in front of a flight attendant on my way inside the airport and that they didn't feel comfortable with me on the flight,” he told the Dallas Morning News. “I said if that was the case then I would apologize. She went back on the phone and said I wasn't allowed on the flight.”

      A "misunderstanding"

      The decision to keep passengers off of a flight ultimately rests with the captain, so the traveler did end up missing his flight. In the end, he was able to travel back home on an American Airlines flight.

      Although Virgin America has not officially explained why the passenger was kept off his flight, the company says it's sorry the event happened, calling it a “misunderstanding.” The company has offered Abtahi two free flights and said it is willing to reimburse him for the American Airlines ticket that he purchased.

      Instead, Abtahi asked Virgin to donate the two free tickets to the Human Rights Initiative of North Texas, which aids refugees fleeing persecution. He told the Dallas Morning News that all he had wanted was an apology and that he doesn't “like the idea of throwing freebies at the problem.”  

      Travelers react

      Not only did a few freebies not make Abtahi happy, the whole affair turned off at least one frequent flyer who wrote to us about the incident.

      "I fly about 75K a year, mostly with United out of SFO. I have been considering switching, perhaps to Virgin America. But I follow a simple rule. If a company does stupid things, and they get caught in the media, then I don't do business with them," said Nadia, a ConsumerAffairs reader who asked that we not use her full name.

      "The fact that a Virgin employee could extract 'revenge' against a random customer in the name of security and that employee keeps his/her job is in my view a stupid thing," Nadia said. "Won't be considering Virgin America anytime soon now."

      Many of us have had less than stellar experiences at the airport. After all of the long lines, changing gates, and hoops to jump through, it can be even mo...

      2016 likely to hold more dangerous data breaches

      Consumers could be collateral damage in cyber war

      This year has been marked by a series of serious data breaches, exposing the personal information of millions of U.S. consumers.

      One of the most serious was reported in October, when hackers broke into an Experian system and gained access to confidential information about 15 million consumers who had applied for credit at T-Mobile.

      Experian Data Breach Resolution has surveyed the landscape and offered predictions for what 2016 holds in terms of keeping consumer data secure. While some current issues remain relevant, there are a few emerging areas that organizations should watch out for to be better prepared.

      Making major mistakes

      "We saw different types of breaches this year, and one of the major mistakes companies often make is taking a one-size-fits-all approach,” said Michael Bruemmer, vice president at Experian Data Breach Resolution. “Unfortunately, the reality is that no data breach is the same, and a wide variety of unique circumstances need to be considered in a data breach response plan."

      One of the trends Experian foresees is the escalation of cyber-attacks among nations. When that happens, consumers and businesses tend to become collateral damage.

      As nation-states continue to move their conflicts and espionage efforts to the digital world, the company predicts there will be more incidents aimed at stealing corporate and government secrets or disrupting military operations.

      When that happens, one of the risks is exposure of information about millions of individuals. On the other hand, business data might be compromised more in 2016, or we could see an increase in large public-sector data breaches that expose millions of personal records.

      New-age warfare

      "This is new-age warfare and, as individuals, we need to pick up the pieces if we have been affected and our personal information has been exposed," said Bruemmer. "The public should not be complacent about identity protection. It's important to practice good security habits on an ongoing basis and monitor accounts frequently to catch fraud early."

      Experian Data Breach Resolution also predicts hackers with a political or ideological agenda will become more active, trying to damage the repuation of a company or cause. There have already been a few over the last couple of years.

      These hackers aren't in it for the money, meaning companies must revise their response plans and consider all possible scenarios.

      "This was the new twist to the data breach landscape in 2015, with thieves leveraging stolen data to embarrass or harm companies," said Bruemmer. "Unfortunately, consumers are the pawns in the game, and they are victimized in the process.”

      Personal harm or embarrassment

      Being associated with the organization under attack, consumers may also suffer personal harm or embarrassment if their information is exposed. If an organization has a polarizing or controversial mission, it should consider this scenario and how it will take care of its constituency should a breach occur, Bruemmer said.

      And that leads us to the 2016 presidential race. Bruemmer says political campaigns are likely to be tempting hacking targets.

      "For a fame-hungry criminal or motivated detractor, this is an attractive platform,” Bruemmer said.

      Bruemmer says all candidates, parties, and organizations had better be prepared by securing their systems and having incident response plans in place.

      This year has been marked by a series of serious data breaches, exposing the personal information of millions of U.S. consumers.One of the most serious...

      Cascara: the intersection of coffee and tea

      An eco-friendly beverage made from coffee waste

      In the specialty coffee world, there's a new kid on the block: Cascara.

      Also known as “coffee cherry tea,” Cascara (which means “husk,” “peel” or “skin” in Spanish) is made from the dried skins of coffee cherries. The pulped skins are collected after the seeds have been removed from the cherries, then shipped off after sun-drying.

      Similar drinks – called quishr or hashara – have long been brewed in Yemen and Ethiopia. But Aida Batlle, a fifth-generation coffee grower in El Salvador, is to thank for bringing the beverage state-side.

      At a coffee cupping a decade ago, she detected a pleasant scent emanating from the husks of some recently milled coffee. “Immediately I got curious with it,” says Batlle, in an interview with NPR. “And I just picked through it, cleaned it, and then put it in hot water to see what it was like. Then I called my customers at the time, and I was like, 'Oh, my God you have to try this. I'm going to send you a sample.”

      Coffee, tea, or both?

      Although it comes from the coffee plant, Cascara doesn't taste anything like coffee. It is often described as having a sweet, fruity, hibiscus-like taste. "It's a tropical, berry fruit that just happens to be coffee," says Megan Wood, co-owner of 44 North Coffee Roasters. "It's not tea – it's 100 percent coffee. But it smells like herbal tea.”

      The caffeine content is also pretty low. One analysis found the caffeine content in cascara to be comparable to black tea. “Even at the strongest, longest brew, the caffeine content of cascara comes in 111.4 mg/L, compared to broad range of about 400-800 mg/L in brewed coffee,” explains Square Mile Coffee Blog co-founder Anette Moldvaer.

      It's eco-friendly

      Cascara has made fans in the sustainability community because of its eco-friendly method of production. “Normally coffee cherries are considered a by-product of the coffee-making process and are either discarded as waste or used as compost. Now these cherries are being reused to produce a unique drink of their own,” says Fresh Cup Magazine.

      While cascara currently occupies a fairly small niche in the coffee world (some may still find it difficult to track down), Peter Giuliano of the Specialty Coffee Association of America says it fits into a bigger food trend.

      “Like in butchery, people are interested in eating the whole animal. In food, people are more and more interested in eating the whole farm, so to speak. We have been throwing away perfectly good coffee fruit for a long time, and there's no real reason for it, because it tastes delicious.”

      Since it's still fairly new to the U.S., there is no exact recipe for brewing the perfect cup – cafés across the globe have been getting creative. Some serve it hot, some serve it cold. “Cascara Fizz” is offered at New England's Blue State Coffee, as well as the Blue Bottle Café in both New York and California. Slipstream in Washington, D.C., serves it as a soda.

      In the specialty coffee world, there's a new kid on the block: Cascara.Also known as “coffee cherry tea,” Cascara (which means “husk,” “peel” or “skin”...

      Planet Fitness drops free tanning from promotional package

      New York attorney general wins agreement for better staff training

      In its marketing for its premier Black Card level membership, Planet Fitness will no longer include “unlimited” tanning.

      That's the result of an agreement late last month with the New York Attorney General's office, which investigated the tanning operations at the 98 Planet Fitness gyms in the state.

      The company and its franchisees also agreed to provide adequate training to employees who oversee indoor tanning services and not to make health-related claims to promote red lamp devices. The company also agreed to pay $50,000 in costs and penalties.

      “This agreement is part of a continuing effort to protect consumers from the documented skin cancer risks of indoor tanning,” said New York Attorney General Eric Schneiderman. “I am especially concerned with rising cancer rates associated with indoor tanning, particularly for young people, and businesses that offer indoor tanning should market their services truthfully.”

      Raises cancer risks

      Schneiderman says indoor tanning increases the risk of melanoma, the deadliest form of skin cancer – which is responsible for 9,000 deaths in the United States each year. Indoor tanning has also been linked to the risk of other skin cancers such as basal cell carcinoma and squamous cell carcinoma. While usually not fatal, these cancers can cause noticeable disfigurement.

      Schneiderman says UV exposure can also harm the immune system and cause premature skin aging. New York State tanning law currently prohibits tanning for children under 17 and requires parental consent for children between the ages of 17 and 18.

      Investigators from Schneiderman's office visited several Planet Fitness franchise locations that offer tanning services and reported numerous violations of New York State tanning laws. Alleged violations included failure to provide required warnings and acknowledgment forms to consumers and failure to provide protective eyewear at no additional cost.

      Red light devices

      A number of Planet Fitness locations offered LED or red light Beauty Angel treatments that were advertised as providing various health related benefits. However, Schneiderman says these red lamp devices are approved only for cosmetic purposes by the FDA.

      Planet Fitness and its franchised locations have stopped promoting red lights for medical or health benefits after being notified of its potentially false and misleading advertising of these services.

      The Centers for Disease Control and Prevention (CDC) agrees that indoor tanning is dangerous, especially to young people.

      “Although indoor tanning devices operate on a timer, the exposure to UV rays can vary based on the age and type of light bulbs,” the agency said. “Indoor tanning is designed to give you high levels of UV radiation in a short time. You can get a burn from tanning indoors, and even a tan indicates damage to your skin.”

      A 2014 study led by California medical researchers estimated that more than 400,000 cases of skin cancer may be related to indoor tanning in the U.S. each year, causing 245,000 basal cell carcinomas, 168,000 squamous cell carcinomas, and 6,000 melanomas.  

      In its marketing for its premier Black Card level membership, Planet Fitness will no longer include “unlimited” tanning.That's the result of an agreeme...

      Elevated breast cancer risk for African American women using hormone supplements

      The overall increase in risk was as high as 50% in one study

      African American women who use certain types of female hormone supplements face a sharply increased risk of breast cancer, a new study finds. Previous studies had found a higher risk for white women, but it wasn't known whether the same effects would be seen in black women.

      The study, published in the Journal of the National Cancer Institute, found the overall increase in risk was 50%, with even higher increases for recent and long-term users.

      The study looked specifically at postmenopausal African American women who used female hormone supplements containing estrogen and progestin ("combination" therapy).

      "The present findings establish that combination therapy in black women is associated with increased risk of estrogen receptor positive breast cancer, similar to the pattern in white women," said corresponding author Lynn Rosenberg, ScD, associate director of the Slone Epidemiology Center and principal investigator of the Black Women's Health Study, one of the studies that contributed to this conclusion. "Our findings highlight the importance of black women limiting their use of combination therapy."

      This is a report of research findings. It should not be used by patients to make unilateral decisions about their care or to start or stop prescribed medications. If you have concerns about female hormone supplements, you should discuss them with your doctor, mentioning this study. 

      White women show similar results

      Similar to findings in white women, use of combination therapy was associated with increased risk of estrogen receptor positive breast cancer, with risk increasing as the duration increased. The risk declined after cessation of use but was still somewhat elevated up to 10 years later.

      There was no increase in risk associated with use of estrogen alone, nor was there any increase in risk of estrogen receptor negative breast cancer associated with use of either combination therapy or estrogen alone.

      According to Rosenberg, the latter point is particularly important because recent national cancer statistics indicate that breast cancer incidence has been increasing among African American women and converging to the rate of white women, while the death rates continue to diverge between the groups.

      Researchers from the Slone Epidemiology Center at Boston University led the investigation using data from the four large studies of black women included in the AMBER (African American Breast Cancer Epidemiology and Risk) Consortium.

      African American women who use certain types of female hormone supplements face a sharply increased risk of breast cancer, a new study finds. Previous stud...

      Timeshare donation scheme is a scam, feds charge

      Appraisals are inflated and tax savings are questionable, lawsuit alleges

      There is no shortage of consumers looking for a way -- any way --  to get rid of their timeshares, but the Justice Department says in a lawsuit that a timeshare donation scheme, Donate for a Cause, is a scam.

      Consumers who donate their timeshares to the supposed charity are promised "generous" tax savings, which are based on allegedly inflated appraisals and are then charged inflated closing costs by a firm controlled by James Tarpey, the Montana lawyer who's behind the scheme.   

      The federal lawsuit alleges that Donate for a Cause is simply used as a conduit to briefly hold title to timeshares before they are sold for a fraction of the appraised amount. 

      Sold for $81

      For example, the complaint alleges that one customer transferred a timeshare to Donate for a Cause that had originally been purchased for $10,597.50.  Donate for a Cause used eBay’s charity platform to sell that timeshare to a third party for only $81, yet Tarpey appraised that timeshare for $8,740, the complaint states.

      According to the complaint, the timeshare donation scheme was aggressively marketed via the Internet and through national and local media outlets, including ABC 7 News in Los Angeles; Fox 10 News in Phoenix; the TODAY Show, and Fox 4 News in Kansas City, Missouri. Clips of these news-based promotions are posted on the front page of the Donate for a Cause website.

      Besides Tarpey, the lawsuit names three associates, Ron Broyles of California, Curt Thor of Washington, and Suzanne Crowson of Montana – all of whom, according to the complaint, assisted Tarpey in running the timeshare donation scheme.

      There is no shortage of consumers looking for a way -- any way --  to get rid of their timeshares, but the Justice Department says in a lawsuit that a time...

      A slowdown in manufacturing

      The contraction is the first in three years

      For the first time in 36 months, economic activity in the manufacturing sector has contracted, even as the overall economy grew for the 78th consecutive month.

      According to the Manufacturing Institute for Supply Management (ISM) Report On Business, the November Purchasing Management Index (PMI) came in at 48.6%, down 1.5% from October and the first contraction since November 2012.

      A reading above 50% indicates an expansion of the manufacturing economy; anything below that suggests contraction.

      The report also shows the New Orders Index fell 4% last month to 48.9%. The Production Index registered 49.2%, 3.7%s below the previous month. The Employment Index, on the other hand, rose 3.7% to 51.3%.

      The weaker-than-expected report “indicates that the tepid global economy, coupled with the strong dollar making American-made goods more expensive, is taking a toll here at home,” Bankrate.com Senior Economic Analyst Mark Hamrick told ConsumerAffairs.

      “Fortunately, the U.S. economy hasn't relied on manufacturing to do the 'heavy lifting' on growth for many years,” he noted, adding the fact that the employment component actually expanded “helps to soften the blow of word of the contraction overall since we're ultimately most concerned about the plight of the job market.”

      Sector performance

      Ten out of 18 manufacturing industries reported contraction in November, with lower new orders, production, and raw materials inventories accounting for the overall softness in November.

      Of the 18 manufacturing industries, five reported growth in the following order:

      1. Printing & Related Support Activities;
      2. Nonmetallic Mineral Products;
      3. Miscellaneous Manufacturing;
      4. Food, Beverage & Tobacco Products; and
      5. Transportation Equipment.

      The 10 industries reporting contraction in November -- listed in order -- were:

      1. Apparel, Leather & Allied Products;
      2. Plastics & Rubber Products;
      3. Machinery;
      4. Primary Metals;
      5. Petroleum & Coal Products;
      6. Electrical Equipment, Appliances & Components;
      7. Computer & Electronic Products;
      8. Furniture & Related Products;
      9. Fabricated Metal Products; and
      10. Chemical Products.

      For the first time in 36 months, economic activity in the manufacturing sector has contracted, even as the overall economy grew for the 78th consecutive mo...

      Home prices show solid year-over-year increase in October

      Low supply and strong demand are behind the rise

      If you're a homeowner hoping that your abode was worth more in October than it was a year earlier, you should like this.

      CoreLogic's Home Price Index (HPI) shows prices were up both year-over-year and month-over-month in October.

      According to the HPI, home prices nationwide -- including distressed sales -- increased by 6.8% from October 2014 to October 2015 and 1.0% from September to October.

      Distressed sales include real estate-owned (REO) and short sales.

      “The rise in home prices over the past few years has largely been a healthy trend,” said Anand Nallathambi, president and CEO of CoreLogic. “The shadow inventory has been reduced significantly and home equity levels are now approaching pre-recession levels.”

      Looking ahead

      The CoreLogic HPI Forecast indicates that home prices will increase by 5.2% on a year-over-year basis from October 2015 to October 2016, and the projected month-over-month gain is negligible (0.1%) from October 2015 to November 2015.

      The CoreLogic HPI Forecast is a projection of home prices using the CoreLogic HPI and other economic variables. Values are derived from state-level forecasts by weighting indices according to the number of owner-occupied households for each state.

      “Many markets have experienced a low inventory of homes for sale along with strong buyer demand, which is sustaining upward pressure on home prices,” said CoreLogic Chief Economist Dr. Frank Nothaft, adding that these conditions are likely to persist into the new year. “A year from now, as we finish out October 2016,” he added,” we expect the CoreLogic national Home Price Index appreciation to slow to 5.2%.”

      If you're a homeowner hoping that your abode was worth more in October than it was a year earlier, you should like this.CoreLogic's Home Price Index (H...