Current Events in September 2019

Kawasaki Motors Manufacturing Corp. U.S.A., of Lincoln, Neb., is recalling about 2,600 Teryx and Teryx4 recreational off-highway vehicles (ROVs).

Incorrect joint assembly can cause steering control loss, posing crash and injury hazards.

No incidents or injuries are reported.

This recall involves model year 2019 and 2020 Teryx and Teryx4 recreational off-highway vehicles (ROVs), models KRF800FKF/L, KRF800GKF/A/AL/L, KRF800HKF/L, KRT800FKF/L, KRT800GKF/A/AL/L, KRT800HKF/L, KRF800FLF/L, KRF800GLF/L, KRF800HLF/L, KRT800FLF/L, KRT800GLF/A/AL/L and KRT800HLF/L.

The recalled vehicles were sold in various colors including: black, camo, gray, green, orange and white; and in three different styles: Non-EPS, EPS and EPS LE.

The vehicles have either two or four seats, automotive style controls and a rear box.

Kawasaki is printed on the vehicle’s hood and rear box. Teryx or Teryx4 is printed on the right and left front fender.

The ROVs, manufactured in the U.S., were sold at Kawasaki dealers nationwide from March 2019, through August 2019, from between $13,000 and $17,000.

What to do

Consumers should immediately stop using the recalled vehicles and contact an authorized Kawasaki dealer to schedule a free repair. Kawasaki is contacting all known purchasers directly.

Consumers may contact Kawasaki toll-free at (866) 802-9381 from 8 a.m. to 5 p.m. (PT) Monday through Friday or online at www.kawasaki.com and click on Recalls at the bottom of the homepage for more information.

There are plenty of ideas being thrown around about consumer privacy laws these days, and eventually something is going to stick.

The latest heave took place in Washington on Tuesday after 51 corporate chiefs from the likes of Dell, Amazon, American Express, Ford, GM, and AT&T -- all members of the non-profit Business Roundtable -- joined in on a letter to Congressional leaders.

The letter couldn’t come at a better time now that Congress and a coalition of state attorneys general are putting Big Tech under a microscope. Regulators may currently be looking to hand out million- and billion-dollar fines to Google and Facebook.

“We write to urge you to pass, as soon as possible, a comprehensive consumer data privacy law that strengthens protections for consumers and establishes a national privacy framework to enable continued innovation and growth in the digital economy,” the executives wrote in their letter to Congress.

“There is now widespread agreement among companies across all sectors of the economy, policymakers and consumer groups about the need for a comprehensive federal consumer data privacy law that provides strong, consistent protections for American consumers. A federal consumer privacy law should also ensure that American companies continue to lead a globally competitive market.”

The sweet spot is consumer trust

The CEOs are fully aware that consumer confidence and trust is at stake, saying that these cornerstones are “essential to our businesses.” 

“[We] want consumers to have confidence that companies treat their personal information responsibly,” they added.

The win-win tone is a fresh change from the tug of war that Congressional leaders and Big Tech have used recently. Plus, the pragmatic approach of making sure consumers are the ones who win at the end of the day has been a long time coming.

Specifically, the Roundtable letter asks for these points:

• Consumers should have purposeful rights over their personal information and that any company that has access to that private information should be held “consistently accountable under a comprehensive federal consumer data privacy law.”

• Consumers should have the comfort knowing that no matter what state they’re in, they should be able to easily understand the internet rules of that state.

• The implementation of a comprehensive consumer data privacy law that a) strengthens consumer trust; and, b) establishes a balanced policy environment where new services and technologies can thrive.

“The United States has been a global leader in technology and data-driven innovation and now has the opportunity to lead on consumer data privacy for the benefit of all consumers, companies and commerce. We stand ready to work with you,” was the leader’s closing sentiment.

A new study conducted by researchers from Johns Hopkins University surveyed over 1,000 primary care physicians (PCPs) to determine how well they can help patients avoid diabetes. 

The researchers found that many of the doctors who responded to the survey aren’t up-to-date on the latest diabetes risk factors or prevention measures, emphasizing the need for further education among physicians on a disease that affects over 100 million Americans. 

“Along with closing the PCP knowledge gaps our survey identified, we believe the problem needs to be addressed at the healthcare system level,” said researcher Dr. Nisa Maruthur. “This includes concerted efforts to make both healthcare providers and patients more aware of available type 2 diabetes prevention programs, encouraging patient enrollment in these programs, and getting insurance companies to understand their value and cover their costs.” 

Identifying the knowledge gaps

The researchers sent surveys to 1,000 PCPs, covering topics like risk factors for prediabetes and management skills for patients to keep the condition under control. Just under 35 percent of the surveys were returned to the researchers fully completed, and the results showed that many of the PCPs were lacking in several key areas. 

According to researcher Dr. Eva Tseng, the surveys revealed that PCPs’ lack of knowledge could potentially affect the kind of care patients receive, as “these gaps contribute to doctors underscreening for and missing diagnoses of prediabetes.” 

“Our results also suggest that 25 percent of PCPs may be identifying people as having prediabetes when they actually have diabetes, which could lead to delays in getting those patients proper diabetes care and management,” said Maruthur. 

Improving conditions for patients

The surveys found that many of the PCPs were unable to identify all 15 risk factors for prediabetes, while some were unaware of the American Diabetes Association’s official weight loss recommendations for those looking to actively prevent diabetes. 

To ensure that patients are getting the correct information when they go to the doctor and receiving as many resources as possible, the researchers hope that PCPs do their part to gain the necessary information to help their patients. They suggest that insurance companies pitch in to cover diabetes prevention programs under consumers’ plans. 

“We believe that we learned from our survey can have implications for changing national guidelines and policies regarding type 2 diabetes prevention, including establishing measures of quality for diagnosing and managing prediabetes,” said Dr. Tseng. “The public can help by advocating for more insurers to cover prevention programs, along with insisting that public health stakeholders expand access to and availability of these interventions.” 

The Trump administration said it will act to release Fannie Mae and Freddie Mac from federal control if Congress doesn’t act on similar reform legislation.

Treasury Secretary Steven Mnuchin, Housing and Urban Development (HUD) Secretary Ben Carson, and Federal Housing Finance Agency Director Mark Calabria appeared before the Senate Banking Committee Tuesday to state the administration’s terms.

“If we do nothing, this is going to end very badly,” said Calabria. 

Both Fannie and Freddie are what are known as government-sponsored enterprises (GSE) that got bailed out with taxpayer money during the financial crisis. Calabria warns that both GSEs are undercapitalized and overly reliant on government backing to survive any economic setback.

Why is this of concern to consumers? Fannie Mae and Freddie Mac guarantee the bulk of U.S. mortgages. They were taken over by the federal government early in the financial crisis of 2008 as subprime mortgages began to default in huge numbers.

Privatizing effort

The administration wants to make the two entities fully private again. Officials point out that putting the two enterprises under government control was always seen as a temporary step that no one really thought was a good idea.

Mnuchin has floated a proposal to take both Fannie and Freddie out of federal control while attempting to keep disruption of the mortgage market at a minimum. Critics charge that opens new risks to taxpayers, pointing out that the taxpayers will likely be forced to bail them out again if they get into trouble.

The Obama administration attempted to confront the issue back in 2012 but didn’t get very far as neither Republicans nor Democrats in Congress had much appetite to take it up. Again, the issue continues to be who pays if Fannie and Freddie get in trouble again.

Fannie and Freddie’s original role

Fannie Mae and Freddie Mac were created by Congress to perform an important role in the nation’s housing finance system – to provide liquidity, stability, and affordability to the mortgage market. 

A principal role is to provide money to lenders who finance home purchases. They buy mortgages from lenders and either hold these mortgages in their portfolios or package the loans into mortgage-backed securities (MBS) that may be sold.

Lenders use the cash raised by selling mortgages to the GSEs to engage in further lending. The GSEs’ purchases help ensure that individuals and families that buy homes and investors that purchase apartment buildings and other multifamily dwellings have a continuous, stable supply of mortgage money.

A lawsuit against budget carrier Spirit Airlines, accusing it of failing to notify customers about certain fees, has been revived by a federal appeals court, Reuters reports.

The case was brought by nearly two dozen passengers who claim the airline never notified them about carry-on bag fees when they booked their flight online on third-party websites such as Cheapoair, Expedia, Priceline, and Travelocity.

The class action suit -- which was dismissed last November -- claims the low-cost carrier failed to disclose that consumers would be charged higher prices for baggage services than competing airlines charge, “thereby making any apparent savings illusory.”

The 2nd U.S. Circuit Court of Appeals said the plaintiffs could proceed with the suit because there was no evidence that Spirit notified them about the fees in question. The court also said there were “ambiguous” fees rolled into prices.

Hidden fees

The passengers allege that Spirit knew its online travel agents “hid the ‘gotcha’ bag fees they would have to pay at the airport,” Reuters said. “They said these fees often exceeded the cost of their tickets, and totaled millions of dollars a year.” 

Spirit attempted to counter the points raised in the suit by saying federal law precluded the lawsuit and that it’s “contract of carriage” provided that a passenger could take one carry-on bag into the cabin, for a fee.

The case has now been returned to U.S. District Judge William Kuntz in Brooklyn.

“This is a great victory for air travelers nationwide,” the plaintiffs’ lawyer John Hermina told Reuters, adding that his clients intend to pursue their case in the court.

The California State Senate has advanced a bill that would offer protections to millions of gig workers. The law is currently headed to the State Assembly, where it will need to be signed into law by California Governor Gavin Newsom.

Assembly Bill 5, authored by Assemblywoman Lorena Gonzalez Fletcher, requires companies -- including Uber and Lyft -- to classify their independent contractors as employees. AB5 also locks in protections like minimum wage, overtime, paid parental leave, and workers compensation.

The New York Times reports that Governor Newsom is expected to sign the bill because he endorsed it. 

"This is a huge win for workers across the nation!" the California Labor Federation said in a statement posted to Twitter. "It's time to rebuild the middle class and ensure ALL workers have the basic protections they deserve."

Reclassifying contractors

In the likely event that the bill is passed, it would go into effect on January 1, 2020. At that point, companies would have to reclassify their contractors as employees. The bill distinguishes contractors from employees in the following way: 

"A person providing labor or services for remuneration shall be considered an employee rather than an independent contractor unless the hiring entity demonstrates that the person is free from the control and direction of the hiring entity in connection with the performance of the work, the person performs work that is outside the usual course of the hiring entity's business, and the person is customarily engaged in an independently established trade, occupation or business.

The passage of the bill could spur major changes for the gig economy, as it’s expected to influence other states’ legislatures. 

Critics point out potential negatives 

Opponents of the bill have argued that reclassifying contractors would put thousands of drivers out of work, which could lead to longer wait times and higher costs for consumers.

“The negatives facing the economy, the companies, the drivers and the customers from this news will far outweigh any gains for individual drivers (fewer jobs, higher prices, less successful companies) once California legislators codify the CA’s Supreme Court’s original ruling into law,” Micah Rowland, labor market expert and COO of the gig recruiting/hiring platform Fountain, told ConsumerAffairs. “The California economy is large enough that other states would likely follow suit quickly after the legislature takes action.” 

Adrian Durbin, senior director of communications for Lyft, said in a statement that California lawmakers “missed an important opportunity to support the overwhelming majority of rideshare drivers who want a thoughtful solution that balances flexibility with an earnings standard and benefits.” 

“The fact that there were more than 50 industries carved out of AB5 is very telling. We are fully prepared to take this issue to the voters of California to preserve the freedom and access drivers and riders want and need."

Apple has announced its 2019 product upgrade with three new iPhone models, an always-on watch display, and a popularly priced streaming service.

The new devices are the iPhone 11, the iPhone 11 Pro, and iPhone 11 Pro Max. Upgrades include a brighter display and a new triple-camera system with a “pro-level camera experience” and an expanded lens range. Apple says the changes will deliver huge improvements to low-light photography and allow production of high-quality action videos.

In addition to those changes, the company says the new iPhones will be more powerful than the previous generations and have improved battery life.

The iPhone 11 will sell for $699, $50 less than the model it is replacing. The 11 Pro will go for $999 and the 11 Pro Max will cost $1,099. All three models are scheduled to ship on September 20.

Price cut on the iPhone 8

At the same time, Apple has lowered the price of some of its older devices. Both the iPhone 8 and iPhone 8 Plus are getting a $100 price cut, selling between $449 and $549. It’s also discontinuing the Xs and XS Max models.

Improvements to the Apple Watch are also getting some attention. The Apple Watch Series 5 introduces an Always-On Retina display that never goes into sleep mode. Other upgrades include a built-in compass to current elevation feature and international emergency calling that connects users with emergency services in more than 150 countries.

“We’ve seen Apple Watch have a meaningful impact on our customers’ lives and we’re excited to deliver even more capabilities with Apple Watch Series 5 and watchOS 6,” said Jeff Williams, Apple’s chief operating officer. “The seamless integration of new hardware and software delivers an enhanced experience that makes it even easier to stay active and connected to the people and information users care about.”

Apple TV +

Apple also served notice that it’s stepping up its game in the streaming wars, positioning Apple TV + to take on the likes of Netflix and Hulu. The service will launch November 1, offering original programming for $4.99 a month. As an added bonus, consumers who purchase an Apple device will get a one-year subscription to the service at no charge.

Offerings include “The Morning Show,” “Dickinson,” “See,” “For All Mankind” and “The Elephant Queen.” The service will be available on the Apple TV app on iPhone, iPad, Apple TV, iPod Touch, Mac, and other platforms, including online at tv.apple.com.

As part of an effort to modernize its restaurants, McDonald’s will be adding artificial intelligence features to its drive-thru lanes. 

The restaurant chain announced on Tuesday that it’s acquiring tech startup Apprente, which has for the past two years been working on building a “voice-based conversational system that delivers a human-level customer service experience.” 

Applied to McDonald’s drive-thrus, Apprente’s technology -- which understands different accents and multiple languages -- could help speed up service. The fast-food chain says ramping up its digital capabilities is “fundamental” to its tech-focused growth plan, which was put in place as a way to meet “rising expectations from our customers” and to streamline the ordering process.

“Apprente’s gifted team, and the technology they have developed, will form McD Tech Labs, a new group integrated in our Global Technology team that will take our culture of innovation one step further,” McDonald’s president and CEO Steve Easterbrook in a statement. 

A more tech-focused experience 

Last year, McDonald’s unveiled its plan to incorporate more technology into its locations. The company said it planned to invest $6 billion into a modernization effort that would involve the addition of self-serve kiosks, digital menu boards, and modernized dining rooms with new furniture.

In March, McDonald’s announced that it would be purchasing a technology company called Dynamic Yield. The fast food giant said Dynamic Yield would be helping it personalize its drive-thru experience through the addition of technology. The firm’s machine learning technology gives McDonald’s menu displays the ability to change based on different factors, such as current weather or customers’ previous menu selections. 

“With this acquisition, we’re expanding both our ability to increase the role technology and data will play in our future and the speed with which we’ll be able to implement our vision of creating more personalized experiences for our customers,” Easterbrook said of the acquisition back in March.

The technology was added to more than 8,000 of the chain’s drive-thrus after the deal was struck. McDonald’s is aiming to have the technology in place at almost all of its U.S. and Australian drive-thrus by the end of 2019.

Researchers from Penn State recently conducted a study that explored the positive effects felt by employees when their employers go out of their way to show them kindness. 

The study revealed that the effects of kindness are felt far beyond just the workplace, as the researchers found that employees experienced a boost in health, in addition to better job performance. 

“An ultimate solution to improve worker performance and health could be big pay raises or reduced workloads, but when those solutions aren’t feasible, we found that even small offerings can make a big difference,” said researcher Bu Zhong. 

The little things count

Zhong and his team conducted their experiment on nearly 90 bus drivers in Shenzhen, China. The team showed kindness to participants by adding a piece of fresh fruit to their lunch boxes each day. 

Though a seemingly small gesture, the researchers explained that bus drivers are frequently changing schedules, sitting for long periods of time, and missing meals, all factors that can increase stress and affect their overall health.

The researchers kept the experiment going for three weeks, having the bus drivers fill out questionnaires about their depressive symptoms and self-confidence one week before the study began, again one week into the study, and one last time the week following the conclusion of the experiment. 

Ultimately, the small act of kindness -- having a fresh piece of fruit at lunchtime -- boosted the bus drivers’ moods and self-confidence tremendously.

“Bus drivers reported significantly decreased depression levels one week after the experiments ended compared to one week before it began...We found that self-efficacy was significantly higher in the middle of the experiment week than in the week after the experiment ended,” said Zhong. 

The findings from this study suggest that acts of kindness can go a long way, but the team says employers shouldn’t feel pressured to do anything extravagant to make employees feel appreciated for their work. Sometimes, less is more.

“This research suggests that employees can be sensitive to any improvement in the workplace,” Zhong said. “Before an ultimate solution is possible, some small steps can make a difference -- one apple at a time.” 

Home prices in major U.S. housing markets have risen so much that one market barometer says it could signal potential distress in the overall housing market.

According to the Beracha, Hardin & Johnson Buy vs. Rent (BH&J) Index, compiled jointly by Florida Atlantic University (FAU) and Florida International University (FIU), 19 of the 23 measured markets are showing the price of housing as well above their long-term pricing trends. 

But the latest index shows the higher prices have led to a decrease in demand for homeownership that now makes renting more attractive in terms of building wealth.

"This is quite worrisome," said Eli Beracha, real estate economist at FIU. "However, the trend towards lower BH&J scores is a good sign that the nation's housing markets are pulling back from the edge of potential disaster."

The market last faced a potential disaster a decade ago when plunging home sales led to drastically lower prices and a wave of foreclosures. At that time, home prices had inflated because it was so easy to get mortgages.

Supply and demand imbalance

This time it’s a little different. Mortgages still aren’t that easy to get, but there aren’t enough homes to meet demand, which is pushing prices higher. In recent months, home sales have slowed as affordability has become a bigger issue and renting has become a better option.

The good news is that the imbalance between buying and renting appears to be lessening in recent months. High BH&J Index scores indicate extreme downward pressure on the demand for homeownership, making it less desirable than renting and reinvesting and more likely that housing prices will fall. The market has appeared to have dodged that bullet for the moment.

Index scores at the high end are most often driven by some combination of fundamentally overpriced housing, rising mortgage rates, and high performing alternative investments. Scores on the low end of the scale suggest just the opposite and indicate a higher demand for home purchases.

Latest sales numbers

In its latest report, the National Association of Realtors (NAR) said pending home sales fell 2.5 percent in July from June, suggesting a slowdown in the market for homes. But NAR’s chief economist Lawrence Yun said sales would likely have been much stronger if there were more moderately priced entry-level homes for sale.

The creators of the BH&J Index say all indicators suggest the current housing cycle is about to end, and they see the housing market going one of two ways.

"Housing markets will either soon experience a slow reversion to a long-term pricing trend or experience a rapid fall in prices below this same trend with a slow reversion," said Ken H. Johnson, a real estate economist at FAU. "We hope for the former and fear the latter."

Deere & Company is recalling about 750 Frontier FM3012, GM1060, GM1072, GM1084, GM1190, GM3060, and GM3072 grooming mowers.

Incorrect assembly of the mower’s drivelines can prevent the safety shield from spinning independently, posing an entanglement injury hazard.

No incidents or injuries are reported.

This recall involves John Deere’s Frontier-branded grooming mowers for use with compact utility tractors.

“Frontier” and model FM3012, GM1060, GM1072, GM1084, GM1190, GM3060 or GM3072 are printed on the mower.

A complete list of serial numbers included in this recall along with the location of the serial number is available at www.JohnDeere.com/FrontierMowerRecall.

The mowers, manufactured in the U.S, were sold at John Deere dealers nationwide from April 2018, through May 2019, for between $3,100 and $16,700.

What to do

Consumers should immediately stop using the recalled mowers and contact an authorized John Deere dealer for a free repair. John Deere is contacting all known purchasers directly.

Consumers may contact Deere & Company at (800) 537-8233 from 8 a.m. to 6 p.m. (ET) Monday through Friday, Saturday from 9 a.m. to 3 p.m. (ET), or online at www.deere.com and click on Recalls under the Parts & Service drop-down menu at the top of the page for more information.

A sixth person has died from the mysterious vaping-related illness that is currently the subject of a national investigation.

Kansas health officials said on Tuesday that a woman over 50 with pre-existing health problems died after her symptoms were exacerbated by vaping. The woman died of acute respiratory distress syndrome less than a week after she began using e-cigarettes. 

Just a few days ago, health authorities announced that the number of vaping-related lung illnesses has increased to over 450. The CDC said those affected by the “outbreak of severe pulmonary disease” are spread across 33 states.  

The number of recent deaths believed to be linked to vaping has now risen to six. The other five vaping-related deaths were reported in Illinois, Indiana, Oregon, Minnesota, and California.

"It's time to stop vaping," Dr. Lee Norman, secretary for the Kansas Department of Health and Environment, wrote in a news release. "If you or a loved one is vaping, please stop."

Officials recommend avoiding use

On Friday, officials said they suspect a chemical derived from vitamin E may be the underlying cause of the lung illnesses. The chemical is present in many different types of marijuana liquid vaping products, which many patients reported using. 

While the investigation is ongoing, health officials have recommended that young adults, pregnant women, and non-smokers avoid using e-cigarettes and vaping products. Those who use e-cigarette products are urged not to buy them off the street, modify them, or add any substances to the products that are not intended by the manufacturer. 

“The severity of illness people are experiencing is alarming and we must get the word out that using e-cigarettes and vaping can be dangerous,” said Ngozi Ezike, director of the Illinois Department of Public Health, in an August statement. 

Fifty state attorneys general are investigating Google’s tendency to dominate “all aspects of advertising on the internet and searching on the internet,” Texas Attorney General Ken Paxton, the leader of the initiative, announced on Monday. 

At a press conference outside the Supreme Court, about a dozen members of the bipartisan coalition told reporters that Google’s ad market dominance could be stifling the growth of other companies, which could lead to higher prices for consumers. 

“When there is no longer a free market or competition, this increases prices, even when something is marketed as free, and harms consumers,” said Florida Attorney General Ashley Moody. “Is something really free if we are increasingly giving over our privacy information? Is something really free if online ad prices go up based on one company’s control?”

Paxton noted that the investigation could extend beyond the company’s advertising practices. 

"The facts will lead where the facts will lead," he said.

The states involved in the antitrust investigation have given the tech giant 30 days to respond to their questions regarding Google’s advertising practices. 

“We applaud the 50 state attorneys general for taking this unprecedented stand against Big Tech by uniting to investigate Google’s destruction of competition in search and advertising,” the Open Markets Institute said in a statement. “We haven’t seen a major monopolization case against a tech giant since Microsoft was sued in 1998. Today’s announcement marks the start of a new era.”

As the holiday shopping season approaches, several retailers have unveiled their seasonal hiring plans. 

On Tuesday, Target announced that it’s aiming to hire more than 130,000 seasonal workers to help it “deliver an exceptional holiday experience for our guests during the busiest time of the year.” 

The chain said it plans to hire about 125,000 workers for in-store positions and about 8,000 for distribution and fulfillment center jobs. Target will pay workers a minimum starting wage of $13 per hour. The retailer is still poised to implement a $15 minimum hourly wage by the end of 2020. 

In addition to offering competitive pay, Target plans to give seasonal employees a 10 percent discount on their purchases. The retailer also plans to invest $2 million in its holiday team member appreciation program. Under the program, two hourly workers from each store and distribution center will receive a $250 gift card and a chance to donate to local charities of their choice.

“Every team member at Target is given opportunities to grow, take care of themselves and their families, and make an impact on guests and their communities,”  Melissa Kremer, Target’s chief human resources officer, said in a statement. 

Those interested in working for Target can attend one of the retailer’s seasonal hiring events, which will take place this year from Oct. 11 to Oct. 13, and Nov. 2 to Nov. 3. Last year, the company hired 120,000 seasonal workers. Officials said more than 40 percent of those workers retained their position after the holidays. 

Target’s holiday hiring announcement comes a day after UPS announced that it plans to hire about 100,000 seasonal workers this year. Amazon also said it’s preparing to bring on “tens of thousands” of people to fill additional roles during the peak holiday season. 

It’s not a proven axiom in Big Tech, but Apple, for one, is hoping that an ounce of prevention is worth a pound of cure.

That ounce is a tweak Apple’s made to its App Store’s algorithm so, by design, fewer of its own, self-produced apps would crowd the top search results.

And the pound? There’s no guarantee Apple’s move will carry that much weight, but the company is about to enter a slate of antitrust investigations, so any move to separate “anti” from “trust” couldn’t hurt.

Getting to the top of the charts

The App Store changes were brought to light by the New York Times when its reporters presented new research about App Store search result rankings to Apple.

That research -- which was fueled by search term tracking done by SensorTower -- showed that Apple’s own apps ranked first in 735 of roughly 60,000 search terms tracked. “Most of the tracked searches were obscure, but Apple’s apps ranked first for many of the popular queries,” the Times wrote. 

“For instance, for most of June and July, Apple apps were the top result for these search terms: books, music, news, magazines, podcasts, video, TV, movies, sports, card, gift, money, credit, debit, fitness, people, friends, time, notes, docs, files, cloud, storage, message, home, store, mail, maps, traffic, stocks and weather.”

When the Times handed over its research, Apple owned up to the changes. Well -- sort of owned up.

Apple executives Eddy Cue and Philip Schiller -- both at the top of the App Store food chain -- refuted any possible allegation that Apple’s algorithm gave precedence to its own apps. Rather, their position was that Apple-owned apps typically rank higher than others simply because their apps are a) more popular; and, b) typically a closer match to broad search terms. For example, if someone searched for a “photo” app, Apple’s “iPhoto” app might rise to the top organically.

“There’s nothing about the way we run search in the App Store that’s designed or intended to drive Apple’s downloads of our own apps,” Schiller told the Times. “We’ll present results based on what we think the user wants.”

Why the tweak?

As the Times turned up the heat, Schiller held steadfast to his position, but Cue admitted the situation was “improved.”

Was Cue’s admission related to the accusation that Apple built in some sway for itself in the App Store? We may never know, but what we do know is that Apple’s antitrust defense team has a lot on their plate with consumer-oriented cases regarding the App Store monopoly, iPhone prices, and antitrust claims from its peers. Any angle they can work to soften the blow could work in the company’s favor.

The fast-food breakfast war is heating up. Wendy’s has announced it will offer a full breakfast menu at all its U.S. locations starting next year. The chain currently offers breakfast items at about 300 restaurants.

Its main target, of course, is McDonald’s, which not only has a full breakfast menu but has a limited all-day breakfast menu, a move credited with boosting the company’s profits in recent years.

Wendy’s says its breakfast offerings will include some items already on the menu, such as applewood smoked bacon and breakfast versions of the Frosty.

"Launching breakfast in our U.S. restaurants nationwide provides incredible growth opportunities," said Todd Penegor, Wendy’s president and CEO. "We are well-positioned to pursue it. We believe we have the right team and structure in place, and we put Wendy's fan favorites on our breakfast menu to set us apart from the competition."

Staffing up

Wendy’s will staff up in a major way to carry out the transition, hiring as many as 20,000 new employees to help out. It’s also spending some serious money. The company has updated its 2019 outlook to account for one-time upfront investments during 2019 of approximately $20 million to support the U.S. system in preparation for its national launch.  

Wendy’s had a full breakfast menu about 30 years ago, including omelets and French toast, but the experiment was short-lived as time pressures on food preparation negatively affected its business.

Today, the company remains one of the last of the major fast-food chains to jump into breakfast, joining not only McDonald’s but Burger King, Sonic, and Taco Bell. However, in a reversal of that trend, Dunkin’announced two years ago it would streamline its breakfast menu.

According to Nation’s Restaurant News, breakfast holds huge growth potential for restaurants because it’s the one meal consumers are most likely to prepare themselves at home. 

Choosing healthy foods isn’t always easy or preferable for consumers -- especially young ones. But findings from a new study show that parents can do something to make it more likely for their children to eat their vegetables.

A team of researchers say that giving children a variety of options when it comes to healthy foods makes it more likely that they’ll accept them. 

The study, which involved 32 families, involved trying to encourage young children to incorporate more vegetables into their diets. Families were chosen to either introduce several new vegetables to their children, one new vegetable, or make no changes to their diet or eating habits with their kids. 

Over the course of five weeks, parents were given instructions on how to cook the vegetables they were bringing to the table. They also kept a log of their children’s vegetable intake, including how it differed -- or didn’t -- from before the study began. 

The children in the study were required to eat two dinners at a testing facility without their parents. While several vegetables were served, the children had free reign over which food items they put on their plates. Though the researchers didn’t notice any increase in the children’s vegetable intake at these meals, the children were rewarded at home each time they had vegetables. 

Greater variety led to healthier food choices

Ultimately, children were more eager to accept healthy food choices and eat more of them when they had a greater number of options.e. 

Children in families who introduced just one new vegetable proved to be more accepting of the healthy options over the course of the study, but their diets didn’t change over the long-term to incorporate more vegetables. 

The researchers were pleased to learn that there are tangible ways to introduce new, healthy foods to children. They believe that parents don’t have to stress about mealtime -- especially with little ones. 

“While the amount of vegetables eaten increased during the study, the amount did not meet dietary guidelines,” said researcher Astrid A.M. Poleman, PhD. “Nonetheless, the study showed the strategy of offering a variety of vegetables was more successful in increasing consumption than offering a single vegetable.” 

There’s a string attached to the Equifax data breach settlement, one that is taking some consumers by surprise.

The settlement announced in July gives the more than 145 million consumers whose credit records were compromised in 2017 a choice. They can choose free credit monitoring or they can get $125 in cash.

Millions of consumers aren’t about to turn down free cash, but an email from the settlement administrator late last week revealed a caveat. Consumers who take the cash settlement must be enrolled in credit monitoring and remain enrolled for six months. The credit monitoring service does not have to be the one provided by Equifax.

Consumers opting for the cash settlement have until October 15 to verify their credit monitoring information or their claim will be denied. Consumers can also ask to change their claim for free credit monitoring instead of receiving cash.

Huge data breach

Almost exactly two years ago, Equifax -- one of the three credit reporting agencies -- disclosed that hackers had penetrated its network, getting access to credit records on 143 million consumers. That figure was later revised upward.

Making matters worse, consumers whose records were compromised didn’t find out about it until weeks later.  The hackers were able to access consumers' names, Social Security numbers, birth dates, addresses and in some cases, driver's license numbers. 

About 209,000 credit card numbers may also have been compromised. Lawsuits ensued by regulators, and the company reached an agreement on a settlement at mid-year.

The company may have misjudged how many consumers would opt for the cash payout, as small as it is. CNN and other news agencies have reported that only $31 million of the total settlement was set aside for cash payments.

Concerns about running out of cash

Last month, the Federal Trade Commission (FTC) put out a statement urging consumers to opt for credit monitoring instead of the cash because it was concerned the available cash would be exhausted.

“Because the amount of money set aside for the cash payment option is capped at $31 million, consumers who select that option may not receive the $125 they had expected,” the FTC said in a notice in early August.

The agency said consumers who haven’t already submitted a claim should consider choosing the credit monitoring service, which is worth more than the amount of money they would likely receive.