Current Events in November 2018

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2018

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    Lawsuit alleges movie service Sinemia contains hidden fees

    Plaintiffs say the subscription has little value due to undisclosed fees

    MoviePass competitor Sinemia has been hit with a class action lawsuit brought by two plaintiffs who allege the subscription-based service “essentially became a bait-and-switch scheme.”

    In recent months, Sinemia launched a plan at the same price as MoviePass and with the same number of movies, but without the restrictions on movies or showtimes that MoviePass began imposing in August. Sinemia also gave subscribers the ability to book tickets in advance.

    However, customers claim the service contains hidden processing fees that chip away at the value of the subscription.

    "It lures consumers in by convincing them to purchase a purportedly cheaper movie subscription, and then adds undisclosed fees that make such purchases no bargain at all," according to the lawsuit, which was filed by the law firm Chimicles & Tikellis LLP in Delaware on Friday.

    "Sinemia fleeces consumers with an undisclosed, unexpected, and not-bargained-for processing fee each time a plan subscriber goes to the movies using Sinemia's service."

    Customers hit with many processing fees

    One of the plaintiffs, Paul Early, said he signed up for Sinemia in August and paid $191.88 for a year plan of two movies per month for two people, plus an additional $9.99 for early activation.

    In October, Sinemia introduced a new $1.80 per movie “processing fee,” which even customers who had already paid for an annual subscription were subject to.

    “The first five times Early used Sinemia, he incurred a $1.50 third-party ‘convenience fee’ (from using ticketing sites like Fandango). Sinemia had disclosed before he'd bought the subscription that he'd have to pay that fee,” Business Insider reports.

    When Early went to use the Sinemia app on October 22, he was charged another $1.80 “processing fee” per ticket, according to the lawsuit. He incurred the same fee several more times and contacted customer support to cancel his plan and get a refund for the remainder, but he never heard back.

    "The movie plan Early is now stuck with has lost significant value with the imposition of the processing fees," according to the suit.

    Processing fees “out of our control,” company says

    In a statement to Business Insider, Sinemia acknowledged the processing fees but said they were “out of our control.”

    "From the beginning, the goal of Sinemia has been to make the moviegoing experience much more affordable and enjoyable for moviegoers by covering for the cost of the movie ticket. While nobody enjoys fees, there are certain costs related to booking and processing outside of the price of the movie ticket that are out of our control,” the company said.

    “A processing fee of up to $1.80 applies so that Sinemia can continue to provide access to all showtimes for all movies in all theaters without restrictions as well as to keep our subscription plans and services consistent, as they have been since the founding of the company.”

    MoviePass competitor Sinemia has been hit with a class action lawsuit brought by two plaintiffs who allege the subscription-based service “essentially beca...

    Millennials more likely to trust brands with personal data

    Younger consumers are also more likely to suffer financial loss in a data breach

    Everyone is vulnerable to a data breach, but a new international survey shows millennial consumers are most likely to suffer a financial loss when their sensitive information is compromised.

    Ping Identity, an identity security firm, surveyed consumers in Europe and the United States about how they interact with brands and how much they trust those companies to safeguard their data. The researchers also investigated how consumers change their behavior following a breach.

    An overwhelming majority -- 78 percent -- said they would end an online relationship with a brand that suffered a data breach. Another 36 percent said they would stop doing business with the company altogether.

    Nearly half of consumers said they have already made changes in how they handle their personal information as a result of a data breach.

    More pressure on brands

    “With the prevalence of data breaches and leaks, enterprises must have the proper controls in place or they become at risk of losing consumer trust and business,” said Sarah Squire, Ping's chief technology officer. “In the same way that brands are expected to provide user-friendly experiences, they also must understand the value and importance of strong identity management strategies.”

    The survey also revealed that consumers under age 35 have a lot more trust in brands than those over 55, and that trust may be costly. Forty-one percent of millennials have reported a financial loss as the result of a data breach. That compares to just 27 percent of consumers age 55 and older.

    The authors say that may result from disparities in the amount of trust the two groups place in the brands with which they do business. Just over half of millennials feel confident or very confident in brands' ability to guard their private information. Only 27 percent of consumers 55 and older have that same level of trust.

    Sharing bank information

    Fifty-four percent of consumers under 35 are willing to put their bank information on a website or app. Only 41 percent of older consumers are willing to do that.

    “The findings from our 2018 survey reveal the extent to which consumers value security and rely on the brands they interact with to provide a layer of protection when it comes to their identity and personal information,” Squire said.

    Data breaches have become all-too-common occurrences in recent years. One of the latest came in August when T-Mobile announced that it was hit with a data breach that may have allowed hackers to gain access to the personal information of around 2 million of its customers.

    Everyone is vulnerable to a data breach, but a new international survey shows millennial consumers are most likely to suffer a financial loss when their se...

    Honda cleans up in the KBB Best Buy Awards

    The carmaker dominated the SUV and sedan categories

    The end of the year is closing in fast, and in addition to festive holidays, it usually holds attractive deals on new cars and trucks.

    Each year Kelley Blue Book (KBB) compiles a list of best buys among the new model year, vehicles that offer a combination of price and quality. While dealers will be motivated to make deals on the remaining 2018s, KBB says you shouldn't dismiss the 2019s.

    "Shopping for a new car can be a daunting task, and with hundreds of options to choose from, it is hard to identify what vehicles earn top marks in pricing, ownership costs, expert evaluation, consumer opinion and more," said Karl Brauer, executive publisher for KBB.

    The Best Buy awards are broken down within categories so consumers can identify a good buy, no matter what kind of vehicle they're looking for.

    Strong showing for Honda

    Honda takes the top spot in both the compact and midsize categories. The Civic was named the top compact, earning points for its fuel efficiency, affordable sticker price, and history of trouble-free service.

    The Accord was named best midsize sedan for a second year. KBB says simply "it's the finest midsize sedan money can buy," and if you don't look closely you could mistake it for a luxury brand.

    In fact, Honda's win streak does not stop with sedans. It very nearly ran the table among SUVs, driving off with the top spots among compact SUVs and midsize SUVs, losing only to Hyundai in the subcompact SUV category.

    The Hyundai Kona won over the KBB editors with its "lively style" and "superb controls." The Honda CR-V took the prize for best compact SUV because it's "safe, practical, and easy to own." The Honda Pilot was named best midsize SUV, offering consumers a lot of useful features for the money.

    Ford takes best fullsize SUV

    SUVs remain the most popular vehicle segment for consumers, and the Ford Expedition is KBB's pick as the best fullsize SUV. Ford wins praise for moving away from the ideas of the traditional full-size SUV and adopting a lighter frame to enhance fuel economy.

    A brand new model, the Volvo XC40, claimed two KBB awards. It was named the best luxury subcompact SUV and the best new model for 2019.

    Honda returned to the winner's circle, as the Odyssey was named the best minivan. KBB says the Odyssey has all the essentials, including a solid chassis, seats for eight, a pair of sliding side doors, a spacious cargo area, and an unbelievable number of cupholders.

    For consumers in the market for a new pick-up truck, KBB gives the Ford F-150 the nod for the fifth year in a row, combining creature comforts with serious capability.

    The end of the year is closing in fast, and in addition to festive holidays, it usually holds attractive deals on new cars and trucks.Each year Kelley...

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      AAP updates its concussion recommendations for children

      This is the first time the report has been updated in eight years

      Treating concussions -- particularly children's’ concussions -- can be tricky business. Doctors and parents both often struggle to find the right balance between easing kids back into regular activities and taking more precautionary measures.

      However, the American Academy of Pediatrics (AAP) recently updated its concussion recommendations for children, making the treatment protocol much easier to follow and ensuring children receive the proper care.

      The doctors involved in the report emphasize that doctors should treat every concussion case individually, as no one treatment option works for each child.

      “A cookie-cutter treatment approach does not work, because no two concussions are alike,” said lead author Dr. Mark Halstead. “Although we have these recommendations, physicians and families need to evaluate each child or teen with a concussion on an individual basis.”

      Ensuring a positive outlook

      Earlier reports encouraged parents not to let concussed children use electronics, be physically active, or even do school work, as the activities were thought to hinder the healing process.

      However, while the updated recommendations still want children to rest after enduring a concussion, the doctors found that spending too much time isolated can leave the child feeling anxious, depressed, or overwhelmed. According to Dr. Halstead, traditional remedies have actually been found to make many children’s concussion symptoms worse.

      “Shutting down an active child entirely doesn’t make them feel good and, frankly, can make them feel like they are being punished for getting hurt,” Dr. Halstead said. “Kids can develop anxiety by missing school, and the fear of getting behind can overwhelm them.”

      Rather than eliminate everything cold turkey, Dr. Halstead suggests taking things easy when the injury occurs and slowly incorporating regular activities back into the child’s schedule. While he suggests avoiding physical activity and lightening the school load at first, adding in mild activity can be beneficial when the child is on the mend.

      As for electronic devices, the new recommendations suggest they may be beneficial in children’s readjustment to school work. Though sensitivity to light is a common side effect of concussions, and electronics should be avoided when that is occurring, the doctors suggest that many devices offer larger text and audio options to make school work easier following a head injury.

      Moreover, cutting children off from electronics -- one of their primary tools for communication -- can leave them feeling isolated or can increase stress related to their injury.

      Despite this, Dr. Halstead notes that every child experiences a concussion differently and should be evaluated carefully by physicians to ensure they receive the proper treatment.

      Keeping children safe and healthy

      Concussions come with serious symptoms and side effects, and remaining educated on the latest trends and findings can make all the difference in treatment.

      A study conducted earlier this fall found that children under the age of 13 experience concussion symptoms three times longer than teens and adults. The researchers believe that children are more susceptible to mental health conditions, such as anxiety, depression, and ADHD, and that could be why they’re experiencing symptoms for three to four weeks.

      In an effort to maintain a standard of treatment and care, the Centers for Disease Control and Prevention (CDC) released guidelines for treating childhood concussions.

      While the agency recommends ways to prevent and treat  head injuries, the guidelines also emphasize that concussions should be taken seriously by healthcare providers and families, as the long-term effects can be substantial.

      Treating concussions -- particularly children's’ concussions -- can be tricky business. Doctors and parents both often struggle to find the right balance b...

      American Honda recalls ROVs

      An incorrectly installed throttle body can ignite, posing fire and burn hazards

      American Honda Motor Company of Torrance, Calif., is recalling about 56,000 recreational off-highway vehicles (ROVs).

      An incorrectly installed throttle body can ignite, posing fire and burn hazards.

      The firm has received five reports of throttle body igniting. No injuries have been reported.

      This recall involves all model year 2016 through 2017, and some model year 2018 Honda Pioneer 1000 side-by-side vehicles.

      The recalled vehicles were sold in various colors including: red, blue, green, gray and yellow.

      The name “HONDA” is on the front, sides and the rear of the vehicle. The model name Pioneer 1000 is printed on a label located on both sides of the vehicle, near the rear. The serial number (VIN #) is stamped in the frame at the left rear, below the tilt-up bed/seat.

      The following model numbers and serial number ranges are being recalled:

      MY

      Model

      VIN Start

      2016

      Pioneer 1000 3P

      (SXS10M3*)

      1HFVE04**G4000001 --- 1HFVE04**G4008403

      2016

      Pioneer 1000 5P

      (SXS10M5*)

      1HFVE04**G4000001 --- 1HFVE04**G4010507

      2017

      Pioneer 1000 3P

      (SXS10M3*)

      1HFVE04**H4100001 --- 1HFVE04**H4102101

      2017

      Pioneer 1000 5P

      (SXS10M5*)

      1HFVE04**H4100001 --- 1HFVE04**H4103000

      2018

      Pioneer 1000 3P

      (SXS10M3*)

      1HFVE04**J4200001 --- 1HFVE04**J4200720

      2018

      Pioneer 1000 5P

      (SXS10M5*)

      1HFVE04**J4200001 --- 1HFVE04**J4200780

      Variable character

      The ROVs, manufactured in the U.S., were sold at authorized Honda Powersports dealers nationwide from August 2015, through August 2018, for between $14,000 and $22,000.

      What to do

      Consumers should immediately stop using the recalled ROVs and contact an authorized Honda Powersports dealer to schedule an appointment for a free inspection and repair. Honda is contacting all known purchasers directly.

      Consumers may contact American Honda toll-free at (866) 784-1870 from 8:30 a.m. to 4:30 p.m. (PT) Monday through Friday or online at http://powersports.honda.com/ and click on “Recall Information” at the bottom of the page for more information.

      American Honda Motor Company of Torrance, Calif., is recalling about 56,000 recreational off-highway vehicles (ROVs).An incorrectly installed throttle...

      Ganaderos Borges recalls pork patties

      The product may be contaminated with extraneous materials

      Ganaderos Borges of Naguabo, P.R., is recalling approximately 14,760 pounds of pork patties.

      The products may be contaminated with extraneous materials – specifically metal.

      The firm has received a consumer complaint from a school that received the product.

      The the following raw item, produced on October 26, 2018, is being recalled:

      • 10-lb. cardboard boxes containing 54-3 oz. pieces of “PORK PATTIES FOR INSTITUTIONAL USE ONLY” bearing the Ganaderos Borges, Inc. logo and stamped with a production date of “26 OCT 2018” and an expiration date of “16/11/18.”

      The recalled product, bearing establishment number “EST. M32170” inside the USDA mark of inspection, was shipped to institutional locations in Puerto Rico.

      What to do

      Customers who purchased the recalled product should not consume it, but discard it or return it to the place of purchase.

      Consumers with questions may contact Sarai Orozco at (787) 354-9777.

      Ganaderos Borges of Naguabo, P.R., is recalling approximately 14,760 pounds of pork patties.The products may be contaminated with extraneous materials...

      FDA may begin process of banning menthol cigarettes

      The agency says the mint flavoring makes it easier to start smoking and more difficult to quit

      The U.S. Food and Drug Administration (FDA) is prepared to ban the sale of menthol cigarettes, a report from The Wall Street Journal has suggested.

      The latest report follows another report last week which suggested that the agency’s Commissioner Scott Gottlieb is planning to announce new restrictions on the sale of some flavored vaping products in an effort to curb use among teens.

      Senior agency officials with knowledge of the matter told the Journal that Gottlieb may be looking to move forward with a process to have menthols banned as part of the FDA's crackdown on teen vaping.

      Popular among young people

      In 2013, a study concluded that menthol cigarettes were associated with an increase in use among young adults. The study found that the percent of young people who smoked non-menthol cigarettes declined, while menthol smoking rates increased.

      The authors said the results of the study raised concerns that menthols are being marketed as a “starter product” for younger consumers.

      “Our findings indicate that youth are heavy consumers of mentholated cigarettes, and that overall menthol cigarette smoking has either remained constant or increased in all three age groups we studied, while non-menthol smoking has decreased,” said lead researcher Dr. Gary Giovino, professor at the University at Buffalo.

      “Simply stated, menthol sweetens the poison, making it easier to smoke. Young people often think menthol cigarettes are safer, in part because they feel less harsh,” Giovino said in a statement.

      The same year, the FDA also said that menthol cigarettes pose a larger health risk to the public than traditionally-flavored brands because they tend to be more difficult for users to quit.

      The process of finalizing a ban on menthols would reportedly take a year or longer and another year after that for the ban to be enforced, according to the Journal.

      Gottlieb has stated that the FDA is currently trying to control "epidemic" levels of teens using e-cigarettes.

      The U.S. Food and Drug Administration (FDA) is prepared to ban the sale of menthol cigarettes, a report from The Wall Street Journal has suggested.The...

      Apple reports a defect affecting some iPhone X devices

      If your phone is affected, Apple will fix it at no charge

      If you seem to be experiencing a lack of response when you touch the screen of your iPhone X, it might not be your imagination.

      Apple says it has determined that the displays on some of the phones may have touch issues because there is a component in the display module that might fail.

      You know your phone is one of those affected if the display, or any part of it, does not respond or responds intermittently when you touch it. Apple says the defect can also cause the display to react at times that it wasn't touched.

      If it's found that your iPhone X has the defect, Apple or an authorized Apple service provider will repair it at no charge. First, the phone will get a thorough inspection to make sure it's one of the affected models.

      Breaking new ground

      Apple introduced the iPhone X in September 2017 and broke new ground, both in regard to design and features as well as price. The iPhone X retailed for $1,000.

      The X is encased in glass with a 5.8 inch Super Retina display with an enhanced camera and a Face ID system that can be used to unlock the phone and make payments. The device, however, was not without a few issues. In July, Alan of Albany, N.Y. contacted ConsumerAffairs to report repeated problems with his X.

      "I have had an iPhone X for three months and am already on my third phone," Alan wrote in his post. "The facial recognition keeps malfunctioning. It also seems to freeze up and needs rebooting often."

      A few months after its release, technology site CNET reported that the iPhone X appeared to be unusually fragile, primarily because of its glass back. It said the amount of surface that can break when subjected to impact is double that of the iPhone X predecessors.

      Unknown number of devices are affected

      Apple hasn't estimated how many iPhone X devices are affected by the faulty display component, but Forbes notes that the company did not say what it usually does when reporting an issue -- that the problem affects only a "small percentage" of devices.

      Before taking your iPhone X in for service, Apple recommends that you back up your device to iTunes or iCloud first. If the device has other damage, such as a cracked screen, Apple says that issue will need to be resolved prior to the service.

      Meanwhile, Apple says consumers who have already paid to replace their display module because of this defect can contact the company about getting a refund. The company provides full details here.

      If you seem to be experiencing a lack of response when you touch the screen of your iPhone X, it might not be your imagination.Apple says it has determ...

      Google’s next version of Chrome to add heightened security features

      Say goodbye to untrusted sites, devious subscription sign-ups, and abusive ads

      In the last four months alone, Google has released several versions of its Chrome browser. One beefed up security against cyber attacks, one was a major redesign, and another was a security-focused update.

      That particular update came after Google lost trust in cyber-security software company Symantec’s efforts in making sures its subscribers’ website SSL certificates were compliant with industry standards. In layman’s terms, SSL certificates contain information about the identity of the site’s owner and ensure that the site’s contents have been verified as trustworthy.

      Fast forward to December, 2018, and consumers will see Chrome 71, a version ripe with more new privacy and security features.

      "Last year, after hearing from Chrome users, we launched a set of user protections against "abusive experiences" -- experiences designed to intentionally mislead and trick users into taking action on the web," wrote Vivek Sekhar, Google Chrome Product Manager in a blog post. "These protections blocked pop-ups and new window requests from sites with certain abusive experiences like redirecting pages."

      "However, we've learned since then that this approach did not go far enough. In fact, more than half of these abusive experiences are not blocked by our current set of protections, and nearly all involve harmful or misleading ads. These ads trick users into clicking on them by pretending to be system warnings or ‘close’ buttons that do not actually close the ad. Further, some of these abusive ad experiences are used by scammers and phishing schemes to steal personal information."

      Say goodbye to abusive experiences and sneaky subscription sign-ups

      Going straight for the security jugular, Chrome 71 will remove all advertisements that continue to push out "abusive experiences."

      Users also have control over what sites they feel are "abusive" simply by going to their Chrome Settings and noting the abusive sites.

      And, with the internet becoming increasingly accessed via mobile over desktop and sites trying to rope-a-dope consumers into subscribing to content, Google is waiting in the wings when a user lands on a page that contains "insufficient mobile subscription information."

      "Chrome will show a warning before these pages, so that users can make informed decisions when signing up to mobile based subscription services. Users will be offered the choice to proceed to the page or go back if they were unaware that they were entering a billing page. We want to make sure Chrome users understand when they are going through a billing flow and trust that they’ll be able to make informed decisions while browsing the web," the company said.

      Chrome 71 will be released on December 4, 2018 (December 11, 2018 for Chrome OS). If you’re chomping at the bit to try out the new release, a beta version is available, but remember that Google is still working out the kinks for the browser’s final release.

      In the last four months alone, Google has released several versions of its Chrome browser. One beefed up security against cyber attacks, one was a major re...

      Lyft to launch a new rewards program next month

      In December, the company will let select riders earn points that can be put toward upgrades

      Lyft announced today that it’s gearing up to launch a new loyalty program for riders. Set to launch in December 2018, Lyft Rewards will let passengers earn points for each dollar spent on ride-sharing services through the company.

      Points accumulated can be put toward upgrades for higher-end cars, discounts on future rides, and more. The company added that those are just the initial offerings and that it’s considering offering other passenger perks, such as access to more experienced drivers or double points days.

      Rolling out select riders initially

      To start, Lyft’s rewards program will be made available to “select riders in various cities” in the coming weeks. The company added that it’s “working to make it available to more riders next year.”

      “Riders who will be eligible to start earning rewards should be on the lookout for an email or notification from Lyft. We plan to keep adding more and more to the program over time, so stay tuned for new updates in 2019,” Lyft said in a blog post.

      Riders enrolled in the program will be able to check their points progress from within the Lyft app.

      News of the upcoming rewards program follows Lyft’s recent launch of a subscription service that rewards business users. The ride-sharing company also has a partnership with Delta that lets riders accrue Delta airline miles.

      Last month, Uber launched a subscription service of its own. The company estimates that Ride Pass subscribers can save 15 to 20 percent on how much they would normally spend on rides in a month.

      Each of the ride-sharing giants hit major milestones this year, with Lyft announcing its 1 billionth ride in September and Uber announcing its 10 billionth trip in July.

      Lyft announced today that it’s gearing up to launch a new loyalty program for riders. Set to launch in December 2018, Lyft Rewards will let passengers earn...

      eBay launches home services on its site

      Shoppers will be able to buy assembly or installation services alongside certain purchases

      Online e-commerce site eBay announced today that it’s teaming up with Handy, Porch, and InstallerNet to offer in-home installation and assembly services on its site.

      Consumers will be able to add installation and assembly services to purchases for items that may require those tasks, such as furniture or televisions. Shoppers who choose to purchase home services during checkout will be contacted via email from the applicable eBay partner and instructed on how to proceed with scheduling the installation.

      “A massive amount of home and electronic items are sold on eBay daily, many of which require professional installation,” said Alyssa Steele, Vice President of Merchandising at eBay, in a statement. “With these new partnerships, we’re able to combine our incredible selection of inventory with easy access to affordable and trusted service professionals, making eBay a one-stop shop for our customers.”

      Partnering with three companies

      Handy will be available to consumers who want to have their TV mounted, their smart home set up, and more. InstallerNet can coordinate installation of consumer and commercial electronics through a network of independent contractors.

      Porch’s network of professionals “can tackle over 1,000 different projects from small jobs like TV mounting and furniture assembly, to large remodel projects and ongoing home maintenance,” eBay says.

      The online retailer’s new home services offerings may help it compete with Amazon, which launched Home Services in 2015. Amazon’s home services offerings let customers hire help for tasks including assembly and installation.

      Handy already has a deal with Walmart which allows customers to purchase in-home installation and assembly assistance at over 2,000 of the retailer’s stores.

      “We are thrilled to add eBay to the growing roster of top retail brands who rely on our platform to provide fast and convenient assembly and installation services,” said Oisin Hanrahan, CEO of Handy, in a separate statement. “The integration with Handy will enhance the shopping experience on eBay with seamless access to service professionals who can help buyers avoid headaches and enjoy their home goods purchases without the hassle,” Hanrahan added.

      Online e-commerce site eBay announced today that it’s teaming up with Handy, Porch, and InstallerNet to offer in-home installation and assembly services on...

      Judge tosses Quarter Pounder suit against McDonald's

      Two consumers sought $5 million over lack of price disparity

      The toppings and garnishments on your hamburger don't in any way affect the price you pay for your meal, according to a judge in South Florida.

      The Miami Herald reports that U.S. District Judge William Dimitrouleas has tossed out a suit filed by two consumers who claimed McDonald's overcharges consumers who order their Quarter Pounder without cheese since the burger costs the same as one with cheese. The plaintiffs were seeking $5 million in damages.

      Dimitrouleas reportedly dismissed the suit "with prejudice," meaning the two plaintiffs cannot file it again.

      According to the Herald, the judge ruled the two consumers failed to "state a claim," meaning they didn't explain how McDonald's pricing policy harmed them. The ruling reportedly says “a Quarter Pounder with no cheese and cheese are separate and distinct products, both of which are offered for sale and can be purchased separately in McDonald’s restaurants.”

      Suit falls short

      Attorneys for the plaintiffs, in a suit filed in May, argued that consumers who want their Quarter Pounder without cheese can get it at a reduced cost if they order using the McDonald's app.

      Attorneys for McDonald's said the information contained within the app is not the same as advertising because product availability and prices displayed on the App will change, depending on the consumer's location.

      The fast-food chain also argued that cheese is an ingredient in a number in different menu items and is not a separate menu item. The court reportedly agreed.

      An opposite ruling could well have unleashed chaos in the restaurant industry. McDonald's competitor Burger King has the slogan "have it your way." When ordering one of Burger King's sandwiches, the consumer can withhold as many toppings as they like but the price of the burger is not affected.

      The Herald reports that the judge threw out the suit because it fails under "any common sense analysis." In short, Dimitrouleas said the things that go on a hamburger -- lettuce, tomato, onion -- are ingredients, not separate products. No one, he wrote, would go to a restaurant and be able to order just a piece of cheese or a pickle.

      The toppings and garnishments on your hamburger don't in any way affect the price you pay for your meal, according to a judge in South Florida.The Miam...

      Amazon will be a bigger marketplace for Apple products

      Apple is warming up to its big tech rival

      Amazon and Apple may be competitors in some areas, but the online retailer says it has reached an agreement with the tech giant to increase the amount and range of Apple products it sells on its site.

      Under the agreement, Amazon will sell a wider variety of iPhones, iPads, and other devices with the increase taking place in time for the holidays. In the past, Apple has been slow to embrace Amazon, preferring to sell most of its products through limited channels.

      Undoubtedly a contributing factor to the new alliance is Amazon's decision to stop its third-party merchants not authorized by Apple from offering the companies products on the Amazon site. The change doesn't take place until after the holiday shopping period -- Jan. 4.

      In addition to iPhones and iPads, Amazon shoppers will be able to purchase the Apple Watch, but not the HomePod, a smart speaker that competes head-to-head with the Amazon Echo.

      More ways for consumers to buy

      “We’re working with Amazon to improve the experience for Apple customers on their site and we look forward to those customers having another great way to buy iPhone, iPad, Apple Watch, Mac and more,” Apple said in a statement to media outlets.

      An Amazon spokesman said the company is working to enhance the customer experience, and stocking its virtual shelves with products it knows consumers want is a way to do that.

      The deal comes at a good time for Amazon, which is looking for ways to bolster customer experience to stay abreast of developments by two of its chief brick-and-mortar rivals, Walmart and Target.

      Both retailers have recently announced that stock clerks will be able to check out customers' purchases without customers having to stand in line. Both have also shortened delivery times for online orders.

      While industry analysts expect both Amazon and Apple to benefit from the deal, an analysis by CNET suggests some of the little guys may get hurt. It says small operators who buy Apple products right after they go on sale and sell them on Amazon will face new barriers.

      Amazon and Apple may be competitors in some areas, but the online retailer says it has reached an agreement with the tech giant to increase the amount and...

      Consumers' ability to burn calories could depend on their daily schedule

      A person’s ability to burn calories while at rest changes depending on the time of day

      Many consumers try to maintain active lifestyles by incorporating healthy habits into their daily routines. Counting calories, avoiding fatty and sugary foods, and exercising regularly all help to contribute to overall health.

      However, regardless of daily habits, a new study found that some consumers may have an easier time losing weight than others. Researchers determined that the amount of calories consumers burn at rest changes depending on the time of day.

      “The fact that doing the same thing at one time of day burned so many more calories than doing the same thing at a different time of day surprised us,” said lead author Kirsi-Marja Zitting.

      Importance of a schedule

      The researchers had seven participants, all of whom stayed in a sleep laboratory and were given no clues as to what time of day it was throughout the study. Without the internet, windows, phones, or clocks, all the participants had to do was go to sleep and wake up at designated times. Over the course of three weeks, the waking and sleeping times moved four hours later each day, mimicking four different time zones.

      The goal was to evaluate each participant’s metabolism without factoring in diet, activity level, or regular sleep cycle. According to the study’s co-author Jeanne Duffy, adjusting the participants’ sleep times each night allowed the researchers to see the changes in the amount of calories burned throughout various times of the day.

      “Because they were doing the equivalent of circling the globe every week, their body’s internal clock could not keep up, and so it oscillated at its own pace,” Duffy said.

      The researchers found that the participants burned more calories -- 10 percent more -- in the late afternoon/early evening hours as opposed to the morning hours.

      Harder to lose weight for some

      The findings prove to be significant for consumers who don’t abide by a regular day-to-day schedule. For those who don’t work -- and subsequently don’t eat -- at what are considered to be normal hours, these results suggest that it may be harder to lose weight.

      The researchers emphasized that consumers’ daily schedules are as much a factor in potential weight loss as a healthy diet and active lifestyle.

      “It is not only what we eat, but when we eat -- and rest -- that impacts how much energy we burn or store as fat,” said Duffy. “Regularity of habits such as eating and sleeping is very important to overall health.”

      Many consumers try to maintain active lifestyles by incorporating healthy habits into their daily routines. Counting calories, avoiding fatty and sugary fo...

      Childhood obesity may increase risk for pancreatic cancer in adulthood

      Maintaining a healthy lifestyle continues to be of the utmost importance

      As nearly 20 percent of children in the United States suffer from childhood obesity, researchers continue finding health risks that could prove to be troublesome for both adolescents in the short- and long-term..

      A new study found that childhood obesity could lead to an increased risk of developing pancreatic cancer later in life.

      “There is growing concern regarding the impact of adolescent obesity on adult health,” the researchers wrote in their report. “The objective of this study was to evaluate the association between  body mass index (BMI) in late adolescence and the incidence of pancreatic cancer during adulthood.”

      The importance of a healthy childhood

      The researchers, led by Dr. Zohar Levi of Rabin Medical Center and Tel Aviv University, analyzed medical records for over one million men and over 700,000 women from 1967 through 2002. All participants were between the ages of 16 and 19 years old.

      By the time the participants were re-examined -- an average of around 23 years after the first exam -- 551 new cases of pancreatic cancer were identified. One of the biggest findings showed that men were at a greater risk than women of developing pancreatic cancer. Of the 551 new cases, just 128 were women, while 423 were men.

      However, when factoring in weight, obesity affected slightly more women’s diagnoses than men’s. The women in the study characterized as obese were over four times as likely to be diagnosed, whereas men were 3.67 times as likely to be diagnosed.

      “The overall population attributable fraction of pancreatic cancer due to adolescent overweight and obesity was 11 percent among this...population,” Dr. Levi said.

      The researchers also found that overweight men were at a greater overall risk of developing any cancer -- and not just the pancreatic variety. The male participants that were classified as obese had a 97 percent higher risk of developing cancer compared with those of normal weight and BMI.

      Being aware of health risks

      A great deal of research has been done on health risks associated with obesity -- for both children and adults -- in an effort to promote healthier choices and lifestyles among consumers.

      A recent study conducted by Harvard researchers found that a mother’s lifestyle can greatly impact a child’s likelihood of developing obesity.

      Mothers who were found to follow five healthy habits -- eating a healthy diet, exercising regularly, keeping a healthy body weight, drinking alcohol only in moderation, and not smoking -- had children who were 75 percent less likely to develop obesity. When both mother and child practiced the habits, the risk of obesity was 82 percent less.

      A study conducted earlier last month found that asthma is linked to childhood obesity. While countless studies have explored the ways obesity leads to asthma, this was the first to explore the reverse relationship. Overall, the study found that children who have asthma were 66 percent more likely to develop obesity, while children who were on asthma medication were at an even greater risk.

      A group of researchers from the University of Bristol recently found that obesity is tied to a greater risk of mortality, as it can lead to cardiovascular disease and several different kinds of cancer.

      “The findings highlight the need for a global effort to reduce the surging levels of obesity within society and suggest that in most cases, any reduction in body mass index to a normal, healthy level is likely to be beneficial,” said lead researcher Dr. Kaitlin Wade.

      As nearly 20 percent of children in the United States suffer from childhood obesity, researchers continue finding health risks that could prove to be troub...

      MoneyGram to pay $125 million in FTC settlement

      The agency said the company had not complied with previous settlement

      MoneyGram International has agreed to pay $125 million in a settlement with the Federal Trade Commission (FTC), which charged the company of failing to fully comply with a previous order.

      In 2009, MoneyGram settled charges with the FTC and agreed to take steps to curtail the use of its services by scammers who used it to defraud consumers. The agency later sued MoneyGram again, saying it had failed to follow through on all of the steps.

      In the early 2000s, MoneyGram was scammers' favorite tool for receiving money from their victims. Scammers operating fraudulent sweepstakes and government grant scams often instructed victims to wire money through the service since they could not be traced and the money could not be retrieved.

      “MoneyGram’s alleged failure to implement key provisions of the order allowed scammers to continue to use its money transfer system to rip off consumers,” said FTC Chairman Joe Simons.

      In the latest filing, the FTC accused MoneyGram of failing to fully implement a comprehensive fraud prevention program called up in the 2009 settlement. That order required the company to carry out timely investigations of any agent location that received two or more fraud complaints within 30 days.

      Company responds

      For its part, MoneyGram said it would continue to retain an independent compliance monitor and has agreed to step up the oversight of the agents who provide its services. It maintains that it has already achieved good progress in preventing scammers from using its services.

      "Over the past several years, we have taken significant steps to improve our compliance program and have remediated many of the issues noted in the agreements," said Alex Holmes, MoneyGram's chairman and CEO.

      Holmes says the company's consumer fraud reports are at a seven-year low and a tiny fraction of all transactions conducted through MoneyGram systems turn out to be fraudulent.

      "We will continue to bolster our compliance program to ensure it meets the highest industry standards and advances our goal of providing increased protection for all consumers," Holmes said.

      ‘High levels of fraud’

      The FTC claims that MoneyGram was aware of "high levels of fraud" and other suspicious activity taking place among certain agents. It further claims that the anti-fraud standards MoneyGram established did not meet the requirements of the 2009 order.

      Perhaps because there has been considerable publicity surrounding the dangers of wiring money to strangers, scammers have moved on to other means of receiving victims' money. A popular method now is to ask victims to send gift cards or pre-paid money cards.

      Needless to say, if a purported business asks you to pay for something using a gift card, it's a tip-off that the party just might not be legitimate.

      MoneyGram International has agreed to pay $125 million in a settlement with the Federal Trade Commission (FTC), which charged the company of failing to ful...

      The Weekly Hack: Canada’s postal service says data on cannabis customers was stolen

      A woman saw $1,600 disappear from her bank account after her Facebook profile was hacked

      Canada’s postal service recently admitted that unknown hackers stole information about consumers ordering recreational cannabis.

      The hackers used Canada Post's online delivery tracking tool to steal information on 4,500 people ordering weed from a new legal dispensary in Ontario.

      Such a breach can have serious implications for Canadians. Though cannabis is now legal in Canada, United States officials have indicated that they still refuse to recognize Canada’s marijuana legalization law.

      U.S. Custom and Border Patrol recently threatened to deny entry to Canadians who are found to partake under the new laws. Locals are worried that United States federal authorities may try to access data on Canadian weed consumers.

      “American authorities have an endless appetite for information they deem to be of national security interest and a dubious track record for how that information is used, as plenty of people discovered with the advent of no-fly lists,” says a recent editorial by the board of the Toronto Star newspaper.

      The newspaper is also critical of a stipulation in Canada's pot legalization law that requires all legal users to submit their information into a government database.

      “A data breach of any kind is the last thing legal pot sales in Ontario needs,” the paper adds.

      Facebook and bank hack may be related

      First Rachel Rivera got a call from her friends that her Facebook had been hacked and that someone was using her profile to message strange links to her contacts. Then she received an email from Facebook the next day that her password had been reset, even though she had yet to do so herself.

      When she checked her bank statements, she saw that $1,600 worth of funds had been withdrawn from her account.

      Rivera reported the theft to authorities and her bank, which credited her for the loss, but she told a local news station in Milwaukee that she believes the two hacks are related and is deleting her Facebook account.

      The story may make people wary about Facebook’s feature that allows users to send and request money over messenger. But Rivera insists that she never used that or any feature that would have provided her bank details to Facebook. Or at least she thought she didn’t.

      "People don't realize how much information they have on the internet,” an FBI special agent told WLOX.

      HSBC

      The Hongkong and Shanghai Banking Corporation (HSBC) recently admitted to California regulators that unknown hackers accessed detailed personal and financial data on it its customers. HSBC detected the breach October 14 and recently alerted authorities and consumers on November 2; a state law in California requires corporations that do business in the state to notify consumers and authorities of all breaches.

      “We have enhanced our authentication process for HSBC Personal Internet Banking, adding an extra layer of security,” says the HSBC statement to consumers. The bank is also, as has become standard in similar hacks, offering consumers free identity theft monitoring for a year.

      The data accessed includes personal information, as well as account information and account history.

      ATMs

      The North Korean hacking group Lazarus, infamous for its hack on Sony Pictures in the wake of the film The Interview, stole millions of dollars from ATMs across Asia and Africa, according to a new report by cybersecurity firm Symantec.

      The firm speculates that Lazarus is more interested in stealing cold, hard cash than in advancing any government agenda, though Lazarus does have links to the North Korean government.  

      Girl scouts

      The Girl Scouts of Orange county recently notified its troops under California data disclosure laws that attackers accessed its email account on September 30. The email account has information about troop members’ birthdays, emails, home addresses, and health insurance information.

      The chapter told troops that it recommends “that you monitor accounts,” but Girl Scouts apparently won’t be footing the bill. Instead, the Orange County chapter recommends that troops sign on to CreditKarma, the monitoring service that is already free.

      Healthcare, everywhere

      Over a million people across the country had their personal data accessed in healthcare breaches in October, according to a  report by Modern Healthcare.

      The worst breach occurred in Texas, where 1.2 million people who receive benefits under the  Employees Retirement System of Texas had their data accessed.

      Canada’s postal service recently admitted that unknown hackers stole information about consumers ordering recreational cannabis.The hackers used Canada...

      Salmonella outbreak linked to raw turkey has sickened 164 people

      The outbreak is believed to be widespread and ongoing

      The Centers for Disease Control and Prevention (CDC) said on Thursday that a salmonella outbreak linked to raw turkey has sickened 164 people and resulted in one death. The outbreak has been going on since last November.

      “We are still seeing new illnesses being reported on a weekly basis,” said Colin Basler, an epidemiologist with the CDC, told the Associated Press.

      In a warning to consumers ahead of Thanksgiving, the agency advises people to cook turkey thoroughly, making sure it reaches an internal temperature of at least 165 degrees Fahrenheit so that salmonella and other foodborne germs are destroyed.

      The CDC also advises people to be sure to wash their hands before and after cooking and to clean any surfaces the raw turkey comes in contact with.

      ‘Widespread in the turkey industry’

      Health officials say they haven’t identified a single supplier of raw turkey products or live turkeys as the source of the outbreak, and no products have been recalled. To date, the CDC has traced the same bacteria that is responsible for the outbreak to 22 slaughterhouses and seven turkey processing facilities.

      “The outbreak strain of Salmonella Reading has been identified in various raw turkey products, including ground turkey and turkey patties,” the CDC said. “The outbreak strain has also been found in raw turkey pet food and live turkeys, indicating it might be widespread in the turkey industry.”

      The ongoing Salmonella outbreak linked to raw turkey follows a string of others this year. Most recently, Conagra Brands recalled 2.4 million boxes of Duncan Hines cake mix over a link to salmonella.

      Federal health officials estimate that salmonella causes about 1.2 million illnesses a year.

      “Most people infected with salmonella develop diarrhea, fever, and stomach cramps 12 to 72 hours after being exposed to the bacteria,” the CDC said. “The illness usually lasts four to seven days, and most people recover without treatment.”

      The Centers for Disease Control and Prevention (CDC) said on Thursday that a salmonella outbreak linked to raw turkey has sickened 164 people and resulted...

      Facebook to give users 10 minutes to unsend a message

      The feature is ‘coming soon’ in an update to Messenger

      Facebook users will soon have 10 minutes to unsend a message on the social network’s Messenger app.

      In the “coming soon” section of a note detailing its upcoming version of Facebook Messenger, the company said version 191.0 will let users “remove a message from a chat thread after it's been sent.”

      "If you accidentally send the wrong photo, incorrect information, or message the wrong thread, you can easily correct it by removing the message within 10 minutes of sending it,” Facebook said.

      Currently, Facebook only lets users delete messages on their end. Deleting a message doesn’t remove it from the recipient’s inbox. Facebook Messenger’s upcoming "unsend" feature is in addition to its "secret conversations" feature, which was unveiled two years ago and lets users set their messages to expire after a predetermined amount of time.

      In April, reports surfaced that founder and CEO Mark Zuckerberg was using an early version of the feature that lets users retract messages.

      “After Sony Pictures’ emails were hacked in 2014, we made a number of changes to protect our executives’ communications,” Facebook told TechCrunch in April. “These included limiting the retention period for Mark’s messages in Messenger. We did so in full compliance with our legal obligations to preserve messages.”

      More than a billion people worldwide use Messenger monthly, according to Facebook.

      Facebook users will soon have 10 minutes to unsend a message on the social network’s Messenger app. In the “coming soon” section of a note detailing it...

      Air pollution linked to increase in cardiovascular disease emergency room visits

      A study suggests that pollution caused by burning fossil fuels is to blame

      Air pollution has long caused health issues for consumers across the globe. However, a new study has found that air pollution is bringing more people into emergency rooms for heart or lung disease-related concerns.

      According to the researchers, burning fossil fuels -- a practice that scientists have been advocating against for years -- is most likely the culprit. Upon burning, nitrogen and ground-level ozone are emitted, both of which have dangerous health implications.

      “We found that primary pollutants -- those that are emitted directly from a source, such as car exhaust -- were associated with [emergency department] visits for cardiovascular and respiratory visits,” said lead researcher Dr. Jenna Krall. “Additionally, secondary pollutants -- those that are formed with chemical reactions in the air -- were linked to ]emergency department] visits for respiratory diseases.”

      An issue across cities

      The researchers examined the effects air pollution was having on emergency room visits across five cities. This shows the pervasiveness of the issue, and how air pollution is affecting consumers across the map -- not just in one location.

      The study evaluated the link between cardiorespiratory emergency room visits and 12 major air pollutants in St. Louis, Atlanta, Dallas, Birmingham, and Pittsburgh. As air pollution differs every day, the researchers were able to get a comprehensive look at how consumers’ health was affected in the different cities.

      The wide-reaching nature of the study -- multiple cities and multiple pollutants -- allowed the researchers to draw more concrete conclusions. Air pollution was causing more consumers to go to the emergency room for heart or lung disease issues, and the researchers are hopeful these findings affect future legislative decisions.

      “Down the line, this research has implications for how we think about future pollution regulations because the way we regulate pollutants might differ between primary and secondary pollution,” Krall said.

      Danger to health

      Recent research suggests that consumers’ health is at a great risk due to air pollution exposure.

      Earlier this year, the World Health Organization (WHO) reported that seven million people are killed each year because of dangerous air pollution levels. Approximately nine out 10 people worldwide are exposed to unhealthy levels of air pollution.

      WHO noted that air pollution travels to the lungs and cardiovascular system, causing respiratory infections like pneumonia, heart disease, lung cancer, stroke, or chronic obstructive pulmonary disease.

      Overall, air pollution was found to take anywhere from two months to two years off the average life expectancy.

      Air pollution was also linked to a “huge” reduction in intelligence, as areas with high levels of air pollution were found to have significant drops in language and math scores; researchers say the harmful effects could equate to students losing one entire year of education.  

      Air pollution can also have cognitive impacts down the line, as a team of London-based researchers found that people living in areas with higher levels of nitrogen oxide were 40 percent more likely to be diagnosed with dementia.

      Air pollution has long caused health issues for consumers across the globe. However, a new study has found that air pollution is bringing more people into...