jikConsumerist Friday Flickr Findsde

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Here are seven of the best photos that readers added to the Consumerist Flickr Pool in the last week, picked for usability in a Consumerist post or for just plain neatness.

(Jason Cook)

(Mike Mozart)

(pjpink)

(Rich Renomeron)

(Víctor Gutiérrez Navarro)

(Chris Goldberg)

(Eric BEAUME)

Want to see your pictures on our site? Our Flickr Pool is the place where Consumerist readers upload photos for possible use in future Consumerist posts. Just be a registered Flickr user, go here, and click “Join Group?” up on the top right. Choose your best photos, then click “send to group” on the individual images you want to add to the pool.

by Laura Northrup via Consumerist

jikMcDonald’s Invites Indie Band To Sell Out For No Payde

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(Joseph O. Holmes)

The South by Southwest Music Festival is an annual event in Austin, Texas, where you can discover relatively unknown independent bands and absorb other forms of culture. Playing the festival can be a great opportunity, and McDonald’s apparently knows this. The duo Ex Cops received an invitation to play at the “McDonald’s Showcase” at this year’s festival. How much was the global mega-corporation going to pay the band? Well, um, they would get lots of “exposure.”

Brian Harding, who comprises 50% of the band, didn’t post the entire pitch from McDonald’s, but shared the gist of it:

Their selling point was that this was “a great opportunity for additional exposure,” and that “McDonald’s will have their global digital team on site to meet with the bands, help with cross promotion, etc.”

Yes, McDonald’s was asking bands to sell out without actually paying them. “There isn’t a budget for an artist fee (unfortunately),” the McDonald’s representative explained. That’s because they know that there must be some perfectly great bands out there who are willing to play for free.

One thing used to entice bands? The opportunity to maybe be featured on the company’s social media feeds, which have millions of followers. They plan to entice festivalgoers by offering free food and drinks. I’m not sure what kind of overlap there is between “people who love passing platters of McNuggets” and “people who travel to Austin for an indie music festival,” but apparently there is some.

Yes, the budget for a given marketing project is very specific, and it’s not fair to point out that they can’t toss a band traveling from far away a few hundred bucks while they pay former CEO Don Thompson $3 million to consult after his retirement.

“Doritos received a lot of flack for their stage a couple years ago, but I’m going to assume they paid Lady Gaga,” Ex Cops member Brian Harding wrote in his open letter about the invitation. No, maybe she needs the exposure.

The media staff for McDonald’s sent Gawker a statement that even included a snarky hashtag.

We follow the same standard protocol as other Brands and sponsors by inviting talented and emerging musicians to join us at the SXSW Festival. We look forward to serving McDonald’s food, drinks and fun in Austin. #slownewsday

Nuh-uh, says Ex Cops singer Amalie Bruun. She told Rolling Stone that other showcases do offer money to their performers. “They’re not following any guidelines because everyone else is offering money. They’ll have to take that up with South by Southwest if they think they’re following the guidelines…Other, much smaller corporations are offering us money.”

On the plus side, now we’ve all heard of Ex Cops, and you can check out their music and decide for yourself whether you would want to trade more than a couple of McNuggets for their latest album.

Ex Cops Blast McDonald’s For Offering Its SXSW Talent Exposure Instead Of Money [Stereogum] (via Gawker)

by Laura Northrup via Consumerist

jikLumber Liquidators Sued Over Formaldehyde Allegationsde

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Only days after a 60 Minutes report on the allegedly high formaldehyde levels in wood products sold by Lumber Liquidators, consumers have filed a potential class action against the company in federal court.

The complaint [PDF], filed today in a U.S. District Court in California, alleges that Lumber Liquidators violated federal and state laws by selling Chinese-manufactured laminated wood products containing formaldehyde at “levels known to pose serious health risks” and in excess of California limits.

The plaintiffs, a family from Santa Clarita, CA, who purchased flooring from Lumber Liquidators, acknowledge that formaldehyde can be safely used in the manufacture of laminated wood flooring, but only if used sparingly so that the chemical dissipates quickly.

But if an excess of formaldehyde is used, it can remain in the laminated wood and gradually be emitted over time. Prolonged, continued exposure to formaldehyde has been linked to numerous health problems ranging from nausea to increased cancer risk.

As shown in the 60 Minutes story, testing on the laminated wood Lumber Liquidated sourced from suppliers in China allegedly contained more formaldehyde than its domestically sourced laminates and similar products sold by competitors.

“Despite this discrepancy, Lumber Liquidators did not differentiate between its domestically manufactured floor laminates and those made in China,” reads the complaint, which points out that the company’s Chinese wood products were even labeled to indicate that they complied with the California Air Resources Board’s (CARB’s) strict formaldehyde emission standards.

“Lumber Liquidators has made false and misleading statements that its flooring products comply with CARB formaldehyde standards, and the even more stringent European formaldehyde standards,” continues the complaint. “Lumber Liquidators’ website falsely states, ‘we not only comply with laws-we exceed them.'”

The plaintiffs, who claim the Lumber Liquidators wood they purchased was falsely labeled as CARB compliant, are seeking to represent all California customers of the store who also purchased the Chinese-made laminated wood.

The suit alleges violation of the federal Magnuson–Moss Warranty Act, claiming the company “breached their warranties by manufacturing, selling and/or distributing flooring products with levels of formaldehyde that exceed the CARB standards, or by making affirmative representations regarding CARB compliance without knowledge of its truth.”

Lumber Liquidators is also accused of the California Business and Professions Code’s prohibitions against “unlawful, unfair, or fraudulent business act or practice,” false advertising. Additionally, the plaintiffs allege that misrepresenting the CARB certification of the wood violates the California Consumer Legal Remedies Act.

The plaintiffs seek an injunction against Lumber Liquidators preventing them from selling wood that violates CARB standards, restitution for the expense of purchasing and installing the flooring in question, and unspecified damages.

In response to last weekend’s story, Lumber Liquidators issued a defense on its Facebook page, describing the company as “a leader in safety.”

“We comply with applicable regulations regarding our products, including California standards for formaldehyde emissions for composite wood products – the most stringent rules in the country — and take our commitment to safety even further by employing compliance personnel around the world and utilizing the latest in cutting-edge technology to provide our customers with top quality and high value flooring,” reads the statement, which claims that the news reports are being fueled by “a small group of short-selling investors who are working together for the sole purpose of making money by lowering our stock price.”

The company maintains that random third-party testing of its products shows the laminated wood to be “fully safe and compliant with California standards.”

“While we were unable to witness 60 Minutes’ testing methods and have still yet to see a test using validated methods that has come back as anything but completely safe, out of an abundance of caution, we are now reviewing our processes at these three mills,” concludes the statement. “We stand by every single plank of wood and laminate we sell all around the country and will continue to deliver the best product at the best price to our growing base of valued customers.”

by Chris Morran via Consumerist

jikMall Of America Owners Want To Build An Even Bigger Mall In Miamide

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From the proposal for American Dream Miami (via The Miami Herald)

The company that operates the mammoth Mall of America in Minnesota and the larger West Edmonton Mall in Canada are looking to erect an outsized shopping destination in warmer climes with a new proposal to build a combination mall and amusement park in the Miami area.

The Miami Herald reports that the Triple 5 Group, which is also in the middle of finishing up the long-delayed and passed-around American Dream center in New Jersey’s Meadowlands complex, is proposing a $4 billion mall project for the northwestern part of Miami-Dade County.

Like Triple Five’s New Jersey mall, this center would get branded with the “American Dream” name. And as has become common place for the world’s biggest malls, it will include attractions like submarines, indoor skiing and zoo animals.

Triple Five says the Miami project would be the largest property in its mall portfolio. That distinction currently belongs to the company’s mall in Edmonton, which is dubbed the “largest mall in North America” but which is actually smaller than the Centro Santa Fe in Mexico City.

The developer projects that the mall could pay for 25,000 construction jobs plus another 25,000 workers after it’s open, as the amusement and tourist attractions would require significant staffing.

But as the Herald points out, the jobs available in mall retail and amusement parks are traditionally among the lowest-paying.

Mayor Carlos Gimenez warns critics against brushing off these sorts of job.

“Everybody is focused on high-paying jobs. Not everybody is qualified for them,” he explains. “Twenty-thousand jobs are twenty-thousand jobs.”

by Chris Morran via Consumerist

jikSephora Introduces $10 Unlimited 2-Day Shipping Programde

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(epicharmus)

If you like to buy online from Sephora, but dislike waiting until you have $50 worth of items before making your purchase, great news! The gourmet supermarket of beauty has started its own free shipping subscription service in the Amazon Prime model, called Flash. It gives customers free 2-day shipping and a discount on overnight shipping.

Well, technically, it’s called Sephora FLASH Shipping, but we don’t go for that all-caps nonsense. If you plan to place more than two small orders at any point during the year, that covers your subscription. However, this is Sephora, and buying a bottle of foundation and a lip gloss will put you over that $50 limit, so it’s worth considering whether the free shipping plan is worth your time. The membership subscription fee does not count toward the company’s loyalty program. (I’m not making fun of Sephora here: I know those prices without looking them up.)

Sephora has not specified whether they plan to ban Flash members who are placing “too many” online orders, as they were criticized for doing with VIB Rouge members at the end of 2013.

Sephora in big omnichannel push: beacons, in-store augmented reality and more [Chain Store Age]

by Laura Northrup via Consumerist

jikFind Out Whether Your Flexible Spending Account Can Roll Overde

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(Sarah)

A flexible spending account is a handy tool that lets you put aside pre-tax money for medical expenses that aren’t covered by insurance. It lowers your income tax bill and means that you have money set aside for dental care and contact lenses. The problem with FSAs is that money in the account disappears at the end of the year, which is not necessarily December 31. Starting in 2013, though, there has been a little-known exception to that.

You can’t carry over the entire balance from year to year, but you can carry over $500. That’s at least enough to keep you from rushing to get new glasses on December 28. A growing number of employers are switching over to the rollover model, even though employers get to keep any money in their employees’ FSAs at the end of the year. (Employers often contribute money to the accounts, so that isn’t as terrible an idea as it sounds like at first.)

One benefits administrator pointed out to Bloomberg that letting workers keep their FSA balances actually saves companies money, since using more money from the accounts cuts down on the employer’s portion of payroll taxes, too.

One Simple Thing Companies Could Do to Save Workers a Fortune in Taxes [Bloomberg]

by Laura Northrup via Consumerist

jikThe Nation’s Biggest Companies Agree: Gay Marriage Is Good For Businessde

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(Scott Lynch)

Next month, the U.S. Supreme Court is scheduled to hear oral arguments with regard to the legality of state laws that prohibit same-sex marriages. And while the issue has been politically divisive, many of the nation’s most powerful corporations — from airlines to insurance to beer to baseball teams — agree that banning gay marriage is not good for business.

“State laws that prohibit or decline to recognize marriages between same-sex couples hamper employer efforts to recruit and retain the most talented workforce possible in those states,” reads an amicus brief [PDF] filed today with the Supreme Court in the matter of Obergefell v. Hodges.

“Our successes depend upon the welfare and morale of all employees, without distinction,” continues the brief, signed by 379 groups. “The burden imposed by inconsistent and discriminatory state laws of having to administer complicated schemes to account for differential treatment of similarly situated employees breeds unnecessary confusion, tension, and diminished employee morale.”

The companies signing onto the brief include Comcast, Coca-Cola, Aetna, Amazon, American Express, Apple, Citigroup, DirecTV, eBay, General Mills, Google, JetBlue, Marriott, MillerCoors, the New England Patriots, NIKE, the San Francisco Giants, Tampa Bay Rays, Verizon, Visa, Twitter, Prudential, Facebook, Staples, Office Depot, Disney and hundreds of other businesses.

They do not have a direct stake in the case before SCOTUS, but they argue that if the court decided to allow each state to decide for itself about marriage equality, “the costs and uncertainty imposed by inconsistent state marriage laws will only continue,” while establishing equality as the law of the land would “reduce current costs, administrative burden, and diversion of resources from our core businesses.”

In 2014, SCOTUS elected to not consider petitions regarding federal appeals court rulings that struck down bans on gay marriage. However, after another appeals court panel subsequently ruled against a fundamental right to marriage for gay couples, it has been brought to the Supremes for resolution.

Here is the full list of names signed to the brief:

A.L. Nella & Company, LLP, CPAs

A.T. Kearney

Aardema Whitelaw, PLLC

Acacia Home LLC

Accenture

Aetna Inc.

Air Products and Chemicals, Inc.

AJ Leo Electric and Solar

Akamai Technologies, Inc.

Alaska Airlines

Alcoa Inc.

Amazon Services Inc.

Amazon.com, Inc.

American Airlines Group Inc.

American Apparel

American Express Company

American International Group, Inc

Aparicio-Mercado Law, L.C.

Apple Inc.

AppNexus Inc.

Aramark

Arbor Brewing Company, LLC

Arnold & Porter LLP

Aspen Skiing Company Assemble Sound LLC

AT&T Inc.

Atlas Cut Stone

Atticus Circle

The Austin Gay and Lesbian Chamber of Commerce

Avanade Inc.

Bain & Company, Inc.

Bakehouse Art Complex

Baker & McKenzie LLP

Bank of America

The Bank of New York Mellon Corporation Barclays

Barnes & Noble, Inc.

bebe stores, inc.

Becton, Dickinson and Company

Belcampo Inc.

Ben & Jerry’s

Big Duck Studio, Inc.

Bigelow Villa LLC

Billy’s Farm

BlackRock, Inc.

Bloomberg L.P.

Blue Apron, Inc.

Blue Heron Ventures

Blue Moon Hotel / Winter Haven Hotel

Blume, Faulkner & Skeen, PLLC

Boehringer Ingelheim Pharmaceuticals, Inc

Boston Community Capital, Inc.

Boston Consulting Group

The Boston Foundation

Boston Medical Center Corporation

Boston Scientific Corporation

Brady Mills LLC

BrandQuery LLC

Bristol-Myers Squibb Company

Broadcom Corporation

Brocade

Cablevision Systems Corporation

Capital One Financial Corporation

Captain Wendell’s Marine Services LLC

Cardinal Health, Inc.

Care Resource

CBS Corporation

CEB

Central Physical Therapy and Fitness, PSC

CGI

Charlotte Business Guild

The Chubb Corporation

CIGNA Corporation

Cisco Systems, Inc.

Citigroup Inc.

City Catering Company

City Lites Neon, Inc.

The City of Ann Arbor, Michigan

Civitas Public Affairs Group

Clean Yield Asset Management

CloudFlare, Inc.

CMIT Solutions of Seattle Downtown

The Coca-Cola Company

Cohen & Associates

Colgate-Palmolive Company

Columbia FunMap, Inc.

Comcast Corporation

The Computer Butler

ConAgra Foods, Inc.

The Corcoran Group

Corner Brewery, LLC

Corning Incorporated

Cox Enterprises, Inc.

Crazy Misfits Pet Services

Credit Suisse Securities (USA) LLC Cummins Inc.

Cupcake Royale

CVS Health Corporation

Dallas Voice

Dana-Farber Cancer Institute, Inc.

Danaher Corporation

David J. Jarrett, P.C.

David Kosar Insurance Agency

David Mack Henderson Income Tax Preparation

DCI Group AZ, L.L.C.

Deloitte LLP

Delta Air Lines, Inc.

Depository Trust & Clearing Corporation

The Desert Business Association

Deutsche Bank AG

Diageo North America, Inc.

DIRECTV

DocuSign

Domini Social Investments LLC

The Dow Chemical Company

Dreamcatcher Arts and Publishing Ltd.

Dropbox, Inc.

DuPont

eBay Inc.

Edelman

Eldercare Consulting

Electronic Arts Inc.

EnduringHydro, LLC

Ernst & Young LLP

The Estée Lauder Companies Inc.

Event Rents

Everything Real Estate LLC

Express Movers Inc.

Facebook, Inc.

Farella Braun + Martel, LLP

Fastsigns

Fenwick & West LLP

First Data Corporation

1st Security Bank

1stdibs.Com, Inc.

FIT Technologies

Flanery CPA

Full Court Press Communications

G.A.W., Inc.

The Gay and Lesbian Chamber of Commerce Nevada

General Electric Company

General Mills, Inc.

Gensler

Gilt Groupe Holdings, Inc.

GlaxoSmithKline LLC

Gleason & Associates Claims Services

Go Factory, Inc.

Goethel Engelhardt, PLLC

The Goldman Sachs Group, Inc.

Google Inc.

Goulston & Storrs, P.C.

Great Officiants LLC

The Greater Connecticut Gay and Lesbian Chamber of Commerce

Greater San Diego Business Association

Greater Seattle Business Association

Greensulate

Grossman Marketing Group

Group Health Cooperative

Groupon

Growing Hope

Harrell Remodeling

The Hartford Financial Services Group, Inc.

Healthline

Hewlett-Packard Company

Hilton Worldwide Holdings Inc.*

Holdredge Wines

Homeward Pet Adoption Center

Horizon Air Industries, Inc.

House Packard LLC

HSBC

Ikard Wynne LLP

The Independence Business Alliance

The Inland Northwest Business Alliance Insala, Ltd

Inspirato, LLC

Integrated Archive Systems, Inc.

Integrity Law Group

Intel Corporation

Intuit Inc.

INUS Group, LLC

Jackson Hole Group LLC

Jagod Designs

Jazz Pharmaceuticals, Inc.

Jenn T. Grace International LLC

Jennifer Brown Consulting

JetBlue Airways Corporation

The Jim Henson Company

Johnson & Johnson

Johnston, Kinney and Zulaica LLP

Jonathan L. Bowman, Attorney at Law, PS

JPMorgan Chase & Co.

Julian Chang Consulting, Inc.

kapchur.us photography

The Kathy A. Janssen Foundation

Kazan, McClain, Satterley, & Greenwood, PLC

Keir Jones Agency – State Farm

Keker & Van Nest LLP

KEO Marketing Inc.

Kimberly-Clark Corp.

Kimpton Hotel & Restaurant Group, LLC

Kollmar Sheet Metal Works, Inc.

Kotzan Chiropractic

KPMG LLP

Lambda Business Association

Laparoscopic Institute for Gynecologic Oncology

Larson Marketing & Communications LLC

Laughton Properties

Law Offices of Joel L. Sogol

Law Office of Lisa E. Schuchman

Law Office of Lorie L. Burch, PC

Law Offices of Robin L. Bodiford, P.A.

The Law Office of Susan K. Fuller, PLLC

Levi Strauss & Co.

Liberty Burger

Lieff Cabraser Heimann & Bernstein, LLP

Life & Love Celebrations

Link in the Chain Foundation, Inc.

Littler Mendelson, P.C.

LNT, Inc.

The Long Beach Gay & Lesbian Chamber of Commerce

Lori Karbal et al

Loring, Wolcott & Coolidge Trust, LLC

The Los Angeles Gay & Lesbian Chamber of Commerce

Main Street Hair Shoppe Ltd.

Marriott International, Inc.

Marsh & McLennan Companies, Inc.

Massachusetts Mutual Life Insurance Company

McGraw Hill Financial, Inc.*

McKesson Corporation

McKinsey & Company, Inc.

Merca Property Management

The Miami-Dade Gay & Lesbian Chamber of Commerce

Microsoft Corporation

The Mid-America Gay & Lesbian Chamber of Commerce

Miller & Olson, LLP

Miller Shelton Group, LLC

MillerCoors LLC

Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.

Mona Smith PLLC

Moody’s Corporation

Morgan Miller Plumbing

Morgan Stanley

MWW Public Relations

NAMI Dallas, Inc.

The Nashville LGBT Chamber of Commerce

The National Gay & Lesbian Chamber of Commerce

Nationwide Mutual Insurance Company

Neumann Capital Management, LLC

The New England Patriots

New Leaf Columbus

New York Life Insurance Company

Nifty Hoops, LLC

NIKE, Inc.

Nixon Peabody LLP

North Texas GLBT Chamber of Commerce

Northrop Grumman Corporation

OBOX Solutions

Office Depot, Inc.

The Ogilvy Group, Inc.

Ogletree, Deakins, Nash, Smoak & Stewart, P.C.

ONE Community Media, LLC

1 Source Consulting Solutions

Oracle America, Inc.

Orbitz Worldwide, Inc.

Out & Equal Workplace Advocates

Outerwall Inc.

Pakmode Publications, LLC d/b/a Pakmode Media + Marketing

Pandora Media, Inc.

PATH

Peabody & Arnold LLP

Pepper Hamilton LLP

PepsiCo

Pfizer Inc.

Pixelligent Technologies LLC

Plexus Education Foundation

Plexus LGBT and Allied Chamber of Commerce

Portland Area Business Association

PricewaterhouseCoopers LLP

PrideFest

The PrintingWorks

Pro-Tec Data, Inc.

Procter & Gamble

ProTrials Research, Inc.

Prudential Financial, Inc.

Puma Spring Vineyards

Qualcomm Incorporated

Quorum

RAFI Architecture and Design

Rainbow Chamber of Commerce Silicon Valley Ralph’s Regal Weddings

Ray Holley Communications

RBC Capital Markets, LLC

Replacements, Ltd.

Restaurant Management Concepts

Reverberate! Marketing Communications, Inc.

Rising Tide Brewing Company

RJR Photography

Robert H Stutz Jr CPA

Rockwell Automation, Inc.

Rotella & Hernandez, LLC

The Sacramento Rainbow Chamber of Commerce

Sadek Bonahoom PLC

The San Francisco Chamber of Commerce

The San Francisco Giants

The Seattle Lesbian, LLC

Seattle Metropolitan Chamber of Commerce

Sempra Energy

Seyfarth Shaw LLP

Shingles Roofing LLC

Sidetrack, Inc.

Simon, Schindler & Sandberg LLP

Skellenger Bender, P.S.

Skyworks Solutions, Inc.

Sleeves Up Productions, LLC

Sōw

Spectra Law PS

Spry Vision, Inc.

St. Jude Medical, Inc.

Staples, Inc.

Starbucks Corporation

Starrtek LLC

State Street Corporation

Steven Graves Insurance Agency

Stonewall Behavioral Health

Stonewall Columbus

Stuffed Cakes, LLC

Sun Life Financial (U.S.) Services Company, Inc.

SunDaily

Support.com, Inc.

Sweet Dixie Kitchen

Symantec Corporation

Taber Food Services, Inc.

dba Hobee’s California Restaurants

The Tampa Bay Rays

Target Corporation

TD Bank, N.A.

TD Securities (USA) LLC

Tech Data Corporation

TestTracks

Thinking Cap Communications & Design

Third Point LLC

Thomson Reuters

Tiwary Entertainment Group LLC

TNT Promotions, LLC

TOCA Events, LLC

TravelOut, Inc.

Tutta Bella Neapolitan Pizzeria

Twitter, Inc.

206 Inc.

UBS AG

The Ultimate Software Group, Inc.

United Air Lines, Inc.

United Therapeutics Corporation

Uptown Physicians Group

VCB Consulting & Accounting Services

Verizon Communications Inc.

Viacom Inc.

Visa Inc.

VitaPerk

VMware, Inc.

W. M. Martin Advertising

W.W. Grainger, Inc.

W/S Development Associates LLC

Walsh Wellness Center

The Walt Disney Company

Wasserman Media Group

Wells Fargo & Company

Whey Natural! USA LLC

Wisconsin LGBT Chamber of Commerce

Witeck Communications, Inc.

The Workplace Equality Index

Wyndham Worldwide Corporation

Xerox Corporation

Xfund

YES DESIGN GROUP

Ypsilanti Downtown Development Authority

Zausmer, Kaufman, August & Caldwell, P.C.

Zingerman’s Community of Businesses

ZoomSystems

Zynga Inc.

by Chris Morran via Consumerist