вторник, 19 мая 2015 г.

uLawsuit Over JCPenney’s Alleged Imaginary Discounts Receives Class Action Statusr


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  • A class-action lawsuit that accuses JCPenney’s of violating consumer protection laws by using deceptive discount practices received the go-ahead from a federal judge on Tuesday.

    Reuters reports that a U.S. District Judge in Los Angeles certified the class action over claims the retailer marked up prices on items to dupe customers into believing they were getting a good deal on apparel and accessories.

    The judge said it was possible to determine through the California suit whether or not JCPenney’s pricing practices caused consumers in the state to buy items at fabricated discounts.

    According to the complaint, the retailer ran a “massive, years-long, pervasive campaign” to deceive shoppers about the pricing of private-label brands and outside brands sold exclusively at the store, Reuters reports.

    Following the judge’s certification, the suit will cover only purchases made from November 5, 2010 to January 31, 2012 at JCPenney stores in California. The transactions must include private-label or exclusive items from the retailer that were purported to be 30% off or more.

    The lawsuit was filed by a California woman who says she bought three blouses for $17.00 each at a JCPenney store. The price of the blouses allegedly represented a 40% discount from the original price of $30, however the woman later learned the shirts hadn’t sold for more than $17.99 at any time in the previous three months.

    According to Reuters, the Federal Trade Commission stipulates that retailers must sell items at original prices for a “reasonable length of time” before adding discounts, if they wish to provide the original prices to consumers who compare costs.

    Judge certifies class action over JC Penney phantom discounts [Reuters]



ribbi
  • by Ashlee Kieler
  • via Consumerist


u34 Million Takata Airbags Declared Defective, More Recalls To Comer


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  • takataAfter months of resisting federal regulators’ push for a national recall of vehicles containing defective Takata-produced airbags that could spew shrapnel when deployed, the Japanese auto parts maker announced today that it has declared an estimated 34 million vehicles defective because of the potentially deadly safety devices. The declaration is the first step in what will likely be the county’s largest recall of a consumer product.

    Takata’s decision was unveiled during a joint announcement with National Highway Traffic Safety Administration head Mark Rosekind and U.S. Transportation Secretary Anthony Foxx.

    “Takata has agreed to confirm that Takata airbag inflators are defective,” Foxx said. “It is fair to say this is the most complex consumer recall in U.S. history. The Department of Transportation is taking the proactive steps necessary to ensure that defective inflators are replaced with safe ones as quickly as possible, and that the highest risks are addressed first. We will not stop our work until every air bag is replaced.”

    The latest action expands regional recalls of Takata passenger-side inflators, currently limited to areas of high absolute humidity, to nationwide recalls involving more than 16 million vehicles. They also expand the current nationwide recall of driver-side inflators to more than 17 million vehicles.

    Prior to Tuesday, Takata-related recalls in the U.S. totaled about 17 million vehicles by 10 different automakers including BMW, Fiat Chrysler, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota. Those automakers must now review Takata’s reports to determine which additional vehicles should be recalled.

    NHTSA said that the added recalls could take years to finish, and that it expects vehicles will fixed based upon risk. Consumers can find vehicle identification numbers of the affected cars on http://ift.tt/1dib07c.

    Takata’s announcement was preceded by the filing of a series of four defect information reports with NHTSA that declare both driver and passenger airbag inflators defective in more than 33.8 million vehicles; roughly 17 million more than were previously recalled in the U.S., the Detroit News reported.

    In all, the defect has been linked to six deaths and 105 injuries.

    Despite the expanded recall, Takata, regulators and auto manufacturers have still failed to detect the root cause of the airbag’s tendency to explode with enough force to injure passengers and drivers. Previous reports have pointed to the likelihood that moisture seeping into the device rendered the chemical Takata uses – ammonium nitrate – unstable.

    Back in November, Takata sent a senior vice president as the only Takata representative to address a U.S. congressional hearing. At that time Hiroshi Shimizu said the company wouldn’t initiate a national recall despite federal regulators urging to do so. He said the decision was made, in part, because the company doesn’t believe that the National Highway Traffic Safety Administration has the power to order such an initiative and because testing hasn’t shown what’s really behind the issue.

    Regulators first opened an investigation into the issue in June 2014 after automakers began recalling millions of vehicles.

    In February, the agency began fining the company $14,000 per day for failing to turn over documents and answer questions. Investigators said the fine was a result Takata’s slow pace in working with the agency.

    A week later, NHTSA upgraded its probe to an engineering analysis. The regulators said the formal step intensifies the investigation and could help determine whether the company’s failure to quickly notify the agency of possible defects violated federal law or regulations.

    Shortly after that, Takata said that it would double its production of replacement airbags over the next six months.

    Takata to declare 33.8M vehicles defective [The Detroit News]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uSurvey Says: 30% Of People Who Admit To Tweeting While Driving Do It “All The Time”r


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  • (frankieleon)

    (frankieleon)

    While we’ve heard of people doing things they shouldn’t be doing while they’re driving — like playing the guitar and taking selfies, not to mention texting — it’s still shocking to look at the numbers tied to distracted driving. A new survey says the trendy thing to do behind the wheel now is using social media like Twitter, with plenty of people admitting they do it “all the time.”

    AT&T released a survey it commissioned today that says drivers are increasingly using Facebook, Snapchat and Twitter, while also taking selfies and shooting videos. The company has discouraged drivers from taking their eyes off the road, and teamed with Braun Research to poll people who own a smartphone and drive at least once a day.

    Of those drivers, 27% ages 16 to 65 reported using Facebook behind the wheel, with 14% admitting to using Twitter. But of those, 30% said they were posting while driving “all the time.” Sigh.

    That’s not all — chatting on video is also popular for drivers.

    “One in 10 say they do video chat while driving. I don’t even have words for that,” Lori Lee, AT&T’s senior executive vice president for global marketing told the New York Times’ Bits Blog.

    Texting is still the most popular activity for distracted drivers, with 61% of people reporting they do that on the road, followed by 33% who email and 28 percent who browse the Internet.

    Distracted driving is a real and growing problem, safety advocates say: The AAA Foundation for Traffic Safety found in its 2014 survey about driver behavior that 36.% of drivers read a text or other message, and 27.1% had typed one. That’s in comparison to the 2012 survey, which found that 34.7% percent read a communication and 26.2% typed one.



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uNew Jersey Won’t Get Self-Serve Gas Pumps Anytime Soonr


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  • As things stand right now, there are only two states in the nation where drivers are not allowed to pump their own gas: New Jersey and Oregon. Both states have legislation pending that would put an end to the days of full-serve only, but a powerful Garden State legislator has made it known that there will be no self-serve on his watch.

    Lawmakers in New Jersey recently introduced a bill that would roll back the state’s 1949 Retail Gasoline Dispensing Safety Act by decriminalizing self-serve gas. It would also allow for a three-year transition period where gas stations would be required to keep at least one full-serve island during that time.

    However, State Senate President Stephen Sweeney, who decides which bills get put up to a vote, is not only vocally opposed to the idea, he’s flat-out said that any legislation legalizing self-serve might as well be dead-on-arrival.

    “I continue to support the full service requirement for New Jersey’s gas stations and I will oppose any attempt to rescind the law that has effectively served the best interests of the state’s motorists for decades,” the state senator said, according to NJ.com. “As long as I am Senate President, the ban on self-serve will stay in place.”

    He maintains that full-serve gas is a “matter of convenience and especially important to the disabled, senior citizens and others who would find it difficult or impossible to operate gas pumps.”

    Adds Sweeney, “We’ve been doing it the right way in New Jersey. We should not change.”

    If Sweeney is true to his word and blocks any vote on pro-self-serve bills, the earliest that a vote could happen would be after the current senate session ends in 2017.

    There are good arguments for and against mandatory full-serve. On the one hand, it is nice to have someone else deal with the pumping, especially in unpleasant weather. And it certainly is helpful for drivers who have difficulty getting in and out of their vehicles.

    But anyone who has ever pulled into a NJ Turnpike rest stop to see long lines at the gas pumps because there aren’t enough attendants, or who have waited too long to get gas because an attendant is overwhelmed with too many customers at once, knows that some of these problems can be alleviated by just allowing drivers to pump their own gas.

    The lower labor costs of operating a purely self-serve station are also seen as a reason for getting rid of full-serve, though it’s worth noting that most gas prices in New Jersey are already lower than they are in neighboring New York and Pennsylvania where self-serve is the norm. The AP reports that a full-serve attendant adds about $.05/gallon to the retail price of gas. If the gas station operators in NJ were to cut staff, would those savings be passed on to drivers?



ribbi
  • by Chris Morran
  • via Consumerist


uOakland Airport Baggage Handlers Accused Of Participating In Marijuana Smuggling Ringr


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  • Federal officials say they’ve uncovered an alleged marijuana smuggling ring that involved three baggage handlers working at Oakland International Airport. Because airport workers can go behind the scenes where others can’t, investigators say the baggage handlers used their security badges to access off-limits areas and get pot from one point to another.

    According to a criminal complaint, the workers were part of a group of people charged in an alleged conspiracy to ferry marijuana around the country, reports CBS San Francisco, dating back to July 2012.

    Officials allege that the baggage handlers would carry luggage containing marijuana to bypass screening areas, bringing the cargo directly to the terminals where they’d then hand off the bags to passengers who’d already been screened and were ready to board their flights.

    Some of the exchanges happened in the men’s restroom, after suspects would allegedly alert each other to which specific stall to meet and make the handoff. The accused co-conspirators would then fly off to various destinations around the country to distribute the drugs.

    The defendants were charged with conspiracy to distribute, and possess with intent to distribute, 100 kilograms or more of marijuana.

    Oakland Airport Baggage Handlers Among 14 Charged In Marijuana Smuggling Conspiracy [CBS San Francisco]



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uNevada’s Attorney General Is Investigating Cash4Laptops/Cash4iPhonesr


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  • Last year, we shared two readers’ crappy experiences with the brand that does business under the names Cash4iPhones and Cash4Laptops. One had his offer for three phones cut by more than $900, and another received an offer of $263 for his phone and a check for $41. Our readers aren’t alone, of course, and the attorney general in the state of Nevada, where the company is based, is investigating them.

    We learned this from CBS Sacramento’s Kurtis Ming, who was checking out the company on behalf of local viewers who had their own complaints. The Better Business Bureau has more than 1,700 complaints on file about the two sites’ parent company, eCycleBest, and the KHTK viewers’ issues were typical. One sent in an iPad after receiving a quote of $212, then actually got $31. Another was quoted $58 for his old iPhone, and got only seven bucks instead.

    It’s fine if a device-buying site makes a different offer once they inspect the item closely. The problem is that if they say the customer has the right to reject the offer and get the device back, they actually have to do that. Both customers say that they weren’t able to get through to the company within the three-day cancellation window. The Nevada Attorney General has heard the same thing. If you’ve had a bad experience with this company, be sure to share it with their state’s AG so it can be part of their investigation.

    Call Kurtis Investigates: Cash For Laptops And Cash For iPhones Under Investigation [CBS Sacramento]



ribbi
  • by Laura Northrup
  • via Consumerist


uWalmart Is Now The Rightful Owner Of Walmart.Horser


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  • The image above represents all of the content ever posted on Walmart.horse. Think about the money wasted on legal fees to have this site taken down the next time the price of bread goes up.

    The image above represents all of the content ever posted on Walmart.horse. Think about the money wasted on legal fees to have this site taken down the next time the price of bread goes up.

    You’ll have to excuse us if we’re not in the greatest spirits today, as we’re in mourning for the loss of Walmart.horse, the nonsense website that Walmart spent actual time and money to shut down and acquire.

    We told you about Walmart.horse back in March after its creator, Jeph Jacques, a source of Questionable Content, was hit with a cease-and-desist order from Walmart’s “Brand Protection” team.

    Even though the site was literally nothing other than a photo of a horse crudely overlaid on a picture of a Walmart store and there is no possible way a reasonable human being would think this was something created by the retailer, the letter says the use of the Walmart name “suggests Walmart’’s sponsorship or endorsement of your website and correspondingly, your activities,” and that this infringes on retailer’s trademark “because it weakens the ability of the Walmart mark and domain name to identify a single source, namely Walmart.”

    Jacques — who described the site as a “piece of postmodern Dadaism — nonsense-art using found objects” and contended that it was “an obvious parody” which falls under the umbrella of fair use — did not heed the company’s takedown demand and the site remained live and unchanged.

    But the Guardian reports that the site so rankled Walmart that it wasted additional time and money by taking its complaint to the World Intellectual Property Organisation and sought to take over Walmart.horse under the WIPO’s Uniform Domain Name Dispute Resolution Policy.

    “The UDRP is a domain name dispute resolution process that was designed to address cybersquatting issues,” trademark lawyer Roberto Ledesma explains to the Guardian. “This is reflected in the elements needed to prevail in a UDRP, which requires that the domain name has been registered in ‘bad faith’ and without rights or legitimate interests in the domain.”

    But the matter never actually went before a UDRP panel, as Jacques decided it wasn’t worth fighting Walmart anymore.

    And though Walmart.horse does not redirect to Walmart.com, or even a section of Walmart.com related to horses, the Guardian reports that the company is indeed the proud owner of the URL.

    Generic top-level domains (like .horse and .bike) are expected to be somewhat of a legal battlefield in the coming years. This is especially true of domains like the new .sucks, which is currently in the process of being doled out to interested buyers. However, anyone looking to register a URL like Walmart.sucks is going to have to pay top dollar.



ribbi
  • by Chris Morran
  • via Consumerist