среда, 17 июня 2015 г.

uAdd Comcast To The List Of Rumored Merger Partners For T-Mobiler


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  • Not one to sit around and sulk after ditching its $45 billion bid to buy Time Warner Cable – or let a rival cable company beat it to the altar – the Lords of Kabletown are reportedly making eyes with the wireless industry, flirting with the idea of buying T-Mobile.

    Reuters, citing German publication Manager Magazin, reports that Comcast is the new leading suitor to acquire T-Mobile – which just last week was reportedly in talks to merge with Dish.

    Sources say that while T-Mobile’s parent company Deutsche Telekom continues to shop around the wireless provider, it currently views Comcast as the most desirable beau.

    And given the fact that Comcast has $45 billion burning a hole in its pocket that shouldn’t really be a surprise.

    According to rumors that began swirling last week, Dish was looking to borrow $10-$15 billion to finance it possible wedding to T-Mobile.

    Of course, the notion of a wireless-cable merger is nothing new. Shortly before Comcast scrapped its plans to buy Time Warner Cable, the idea was thrust into the universe (a prophecy, perhaps) that the company would seek deals with other media companies, namely Netflix, T-Mobile or Sprint.

    A month later, T-Mobile’s CEO John Legere  made it clear that he’d be up for a coupling, saying during an earnings call that such mergers between cable and wireless companies weren’t far in the future.

    “We think far too simplistically about the four major carriers and what the structure of the industry is going to be,” he explained, “without understanding that the tangential players in various industries are touching mobile players” in a way that’s going to drive new partnerships and acquisitions.

    T-Mobile, which Duetsche Telekom has been trying to marry off for quite some time, isn’t a novice when it comes to media mergers.

    AT&T attempted to acquire T-Mobile in 2011, but that deal fell apart when regulators at the FCC and the Dept. of Justice raised concerns about the impact it would have on competition and rates.

    In the wake of that merger collapse, AT&T had to pay T-Mobile billions in cash and spectrum which the company used to roll out an LTE network that now competes with the much larger market leaders. The company has also led the push toward consumers paying full price for their wireless devices in exchange for lower monthly data plan rates.

    When reached for comment, a rep for Comcast tells Consumerist, “the company doesn’t comment on merger speculation.”

    Additionally, sources familiar with the company are telling us that the cable giant currently appears to have no interest in acquiring T-Mobile.

    Deutsche Telekom talks to Comcast about T-Mobile US sale -Manager Magazin [Reuters]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uFlorida Nursing Home To Pay $17M After Allegedly Using Medicare Money For Doctors’ Kickbacksr


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  • plazahealtWhen a nursing home receives Medicare funds, it’s supposed to use that money for patient care, and it’s actually a felony offense under the Medicare and Medicaid Patient Protection Act to use that money to pay kickbacks to physicians for referring patients. In a record settlement for this sort of case, a the operator of a network of Florida nursing homes will pay $17 million to close the books on allegations it ran this sort of kickback scheme for seven years.

    In 2012, the Justice Dept. sued Miami-based Hebrew Homes Health Network Inc. (now known as Plaza Health Network), alleging in the complaint [PDF] that the company and its president had been misusing Medicare funds for several years by paying kickbacks to a number of so-called “medical directors,” who were each paid monthly stipends ranging from $1,000 to $7,500.

    The DOJ contends that these doctors were not providing the services detailed in their contracts with the nursing homes, but were instead receiving kickbacks for referring patients in need of skilled nursing care.

    These referrals, according to the complaint, were responsible for upwards of 71% of patient admissions during the years in which the scheme ran. At the time the lawsuit was filed, the DOJ estimated that nearly $4 million had been paid in kickbacks to these doctors.

    Deliberately invoicing the federal government is a violation of the False Claims Act, leaving companies that file such claims potentially on the hook for significant damages.

    Under the settlement, Hebrew Homes’ president has agreed to resign and the company has entered into a five-year integrity agreement with the Department of Health and Human Services’ Office of Inspector General.

    “Illegal inducements paid to physicians in exchange for patient referrals will not be tolerated,” said Principal Deputy Assistant Attorney General Benjamin C. Mizer in a statement. “Medicare funds should be used to provide care for our senior citizens, not as an inducement to physicians to refer business.”

    The settlement announced yesterday includes a substantial $4.25 million whistleblower payout to the former Chief Financial Officer of Hebrew Homes, who was responsible for bringing these allegations to light.



ribbi
  • by Chris Morran
  • via Consumerist


uHow Do Video Game Publishers Continue To Get Away With Mistreating Their Customers?r


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  • It’s E3 time: the annual video game conference — still, barely nominally, a trade show — is taking place this week in Los Angeles, drawing developers, publishers, and media from around the world to gawk at titles large and small. From Facebook games to Fallout, everything is on display… including the long history of the contentious, adversarial relationship between the companies that make the games and the consumers who play them.

    It’s no accident that EA became the first ever company to take our Worst Company In America title for two years running. Although a large faction of consumers were disappointed with narrative and artistic choices made inside a couple of of games, a larger contingent were fed up with being treated like low-intelligence ATMs. EA shipped broken products, nickel-and-dimed consumers in the extreme and, when called on it, got even worse.

    EA has, since then, made a few minor steps in the right direction and claimed that the negative feedback spurred them to change.

    But EA is far from alone in adopting a wide array of customer-unfriendly practices. And despite the surge of popular opinion against certain game companies in recent years, the truth is they’re not doing anything new. For as long as consumers have had home consoles, video game companies have been able to treat those consumers like crap.

    And yet the industry continues to grow by leaps and bounds. So why do they do it, and how do they get away with it?

    It all boils down to three big, highly related buckets: distance, fear, and money.

    Out of Sight, Out of Mind

    Image courtesy of Byron Chin

    There is a gulf between the large-scale makers and sellers of video games, and the consumers who buy and play them. And it is growing.

    The distance is both figurative and literal. Retail transactions are, increasingly, remote and virtual. If you buy a physical game with a scratched or broken disc in the box, you can go back to your local retail outlet and plant yourself in the store until someone helps you. It’s hard to ignore a customer who is literally in your face. Online chats with script-reading CSRs 7000 miles and 10 time zones away don’t have quite the same impact.

    For most of the biggest-budget, blockbuster (AAA) games, you can still buy a box with a disc in it. But odds are good the store you buy it from is going to have a name ending in .com. And if the physical disc inside is defective, a store might exchange it… but they’ll probably look at you funny for even making the request. Because at that level of game, what you’re really buying is a code that allows certain content to be activated on a certain online account. As long as the code is good, you’ve got the game.

    Of course, it’s not just the games. There are also add-ons, large and small. Perhaps there are microtransactions — a dollar here, a dollar there — for extra turns or lives or in-game currency or beneficial character items. Or perhaps there are expansions — medium or large bursts of additional content. New maps? New stories? New quests? New characters? New money.

    All of that distribution is not only increasingly digital, but also increasingly moving through proprietary or vertically integrated storefronts.

    They may be platform-limited, as in the PlayStation Network, Xbox Live, or Steam, or they may be vertically-integrated and publisher-managed, as in Ubisoft’s Uplay, EA’s Origin, Blizzard’s Battle.net, or Bethesda’s newly announced Bethesda.net. Depending what you’re buying, you might basically be moving through stores nested within stores, digital databases talking to other databases and trying to connect your credit card number with the pixels you asked for.

    All of those levels of automation and remove are perfectly convenient when things are working right… and a recipe for disaster when they’re not. Add in the fact that your support — in the form of knowledge bases, forums, chat rooms, and e-mail — is also at a digital remove, and it’s easy to see why it’s hard to get help.

    Of course, video game companies could prioritize live human customer service. They choose not to. And that’s because they’ve spent thirty years thinking of the consumer not just as a source of revenue, but as a liability.

    Fear and Loathing in New Vegas

    Image courtesy of frankieleon

    Video game publishers are, basically, afraid of consumers. Or, specifically, they are afraid of a small subset of consumers: the ones who don’t care for copyright law and who don’t care to pay. And they are so afraid of pirates that they will happily scorch the earth in their fight against them.

    Most of what game publishers do with their games is in some way related to copyright, DRM, copy-protection, and trying to prevent piracy. And that has huge negative effects on the legitimate consumers who just want to play.

    A few decades ago, when computer games shipped on multiple floppy disks, copy protection for PC games came in physical form: there would be some special widget, or some pages in the game’s manual, that you had to enter a code from in order to launch or proceed in the game. “What’s the third word on the fifth line of page 27 of the manual?” kinds of questions would appear, as gatekeepers, with the reasoning being that you (or someone) had to have purchased a legitimate copy of the game in order to have the manual. And as for console games, it was definitely possible to clone and fake a Nintendo cartridge — fakes abound, in the world — but it’s not something most folks are going to do at home.

    And then we all hit the era of optical media. CD and DVD tech became the method of delivery not just for PC games, but for entire new generations of PlayStations and Xboxes. And with any home computer, a CD is easy to clone. So then came along more punitive, disc-based DRM systems like SecuROM and Starforce.

    When copy-protection software on game discs worked as it was supposed to, things generally went well. But the software often didn’t (and doesn’t). A legally purchased copy of a game could be handicapped by its own DRM into never working on your machine. And thanks to retail policies banning refunds for opened software (because you might have opened the box, copied the contents, and then try to return the box while using and sharing your now-pirated copy), consumers whose legitimate games were broken by the DRM shipped with them had no real recourse.

    Except, of course, turning to brand-new high-speed broadband connections and downloading pirated copies instead. Thus making publishers panic about piracy, and crack down even harder on copy protection schemes.

    Broadband, however, has proven to be publishers solution to that problem as well. Now, games are primarily account-based — going right back to all of that digital distribution. A series of codes unlocks a series of content on your account — and only on your account. It doesn’t matter if you make 3 or 30 or 3000 copies of a disc if everyone who goes to install and play the content needs an active server connection and valid account credentials in order to make it run.

    Piracy, of course, has not gone away. Cracked codes and hacked account credentials and other ways of accessing content you didn’t buy abound, and plenty of people still use and access them. But the advent of the connected-account era has so far worked out really well for the publishers in a bunch of ways:

    • It limits the value of used games, making people spend the money on new and putting profit in their pocket, not GameStop’s
    • It allows them to keep very careful track of who has what, who plays with what for how long, and who buys what when
    • It allows them to tout their walled-garden marketplaces as a consumer benefit, by creating a single unified social account presence where you can access all your stuff at once

    Big-budget gaming does now mostly orient itself around one of the platform-central social marketplaces: Xbox Live, PlayStation Network, and Steam. All three are social content hubs, and do provide matchmaking, account management, and other useful tools to customers. All three act exactly as universal DRM systems. And none of the three are considered particularly responsive to consumer complaints.

    So what does DRM have to do with crappy customer service? Everything.

    By designing an entire marketplace and industry around DRM, the publisher is inherently viewing the consumer with problems as a problem consumer. If you are having trouble with a title, they are primed to view you as the trouble. Rather than trying to run a thing you bought on a system you own and having trouble with their software, you might be trying to get one over on them with a fake copy or a modded console or a cracked code.

    In short, distrust is then the baseline, and players who need help can easily be viewed as enemies, not customers. The law is a weapon, and consumers are your enemy.

    It’s become such a strong baseline, in fact, that breaking away from it at all has proven a wildly successful path for competition.

    In PC gaming a new digital platform has emerged over the past couple of years: GOG (originally Good Old Games). GOG has expanded away from only selling working re-releases of old titles and into being a full-service digital storefront for indie and blockbuster titles alike, and they have differentiated themselves from main competitor Steam in two key ways. One is that they sell only DRM-free games. And the other is that they make a point of it being much easier to reach a human being for help.

    And competition, as always, is good for consumers. Steam this month announced an actual refund policy, and the two between them compete hard to offer good prices to consumers.

    But that’s only for PC gamers. Tens of millions of console owners are stuck: one of the touted benefits of owning an Xbox or a PlayStation is access to, respectively, XBL and PSN.

    Money Makes the World Go ‘Round

    Image courtesy of Jeffrey

    Enthusiastic fans of a game will occasionally lament a change to the game by complaining bitterly that the developer is only in it for the money. But of course, that’s true: video games are a business, and while honest developers and publishers want to make their money by making good art, profit is still the real name of the game. And that’s fair!

    But when companies shape their products and policies to benefit shareholders at the expense of customers, then it starts to be a problem.

    Microsoft, Sony, EA, Ubisoft, Activision Blizzard, Square Enix, and Nintendo — the largest publishers — are all publicly traded companies. They have quarterly reports and earnings calls, and in each of those calls they are expected to show growth over the past quarter and over the past year. Not showing growth has a way of really irking stockholders.

    So when a company promises its most recent $50 or $100 million game will be ready for a holiday release, well, it will be ready for a holiday release. Even if it’s horribly broken and buggy as hell.
    Companies keep adopting a policy: release it now, no matter what shape it’s in. Sell those pre-orders, get that money this quarter, and then fix it later. Because hey: that’s what day one patches are for.

    Increasingly, success is measured in pre-orders and day one shipments. Pre-orders, of course, are placed before a game — which will rely on a working server connection for activation — is released. And if that server connection is an integral part of the game, reviewers cannot review the product, to let you know if it is broken, before it is released.

    That’s how badly broken games, with bugs rendering them unplayable, keep hitting the market.

    The push to keep stockholders comfortable also encourages an environment of focusing hard on the bigger, faster, newer, shinier, next best thing all the time, at the expense of anything that already exists. And all of those always-on servers and activation connections — which go back to the desire for DRM — create another whole layer of trouble.

    The absence of an offline mode does not exactly endear a game to its players, to be sure. But also: how long do servers stay alive? They’re expensive to maintain. Can you play an old single-player game, that you bought and paid for, when its publisher decides the expense of the activation connection is no longer worth the cost?

    Or, when the technology changes, can you play your old single-player game at all? Usually not… which then gives publishers an opportunity to update the old one and sell it to you all over again, either as an HD remaster or a straight-up re-release for new systems.

    Newer games, meanwhile, also rely heavily on DLC and microtransactions. Since people people will pay another $0.99 here and $4.99 there for bits and bobs of content, there’s a strong incentive to leave some content set aside, when you launch a game. Charging players $60 is a one-time cost, but adding $15 per quarter for new DLC doubles that in the course of a year.

    Consumers do have their limits. On-disc DLC — content ready to ship with the game, but locked off until a future date and the application of extra money — created such a furor that its absence has become a selling point for new games.

    Why It Gets to Stay This Way

    Image courtesy of David Blackwell

    So after thirty years of disgruntlement, why are things so slow to change?

    The reality is, we the consumers kind of suck too. And in a way, we’re part of the problem.

    The math is easy on this one: the number of people who don’t or don’t care about these issues and are willing to continue buying and playing by game publishers’ rules continues to be larger than the number of those who object to anti-consumer practices and want to see change.

    In other words, the status quo sells a ton of games and makes a ton of money, and that means businesses have no incentive to spend any resources (time or money) doing things differently.

    Everyone who likes Assassin’s Creed probably hates Ubisoft’s Uplay, but this hasn’t stopped Assassin’s Creed games from being bestsellers.

    Everyone hates dealing with Steam’s customer service, but so many Steam users fall all over themselves for the sales.

    Everyone knows that new releases are buggy, but we still pre-order games.

    “Everyone” sure seems to hate a lot of things that game companies do, but these companies don’t see any quantifiable financial penalty for doing.

    Consumers, overall, have adapted to incremental nickel-and-diming, having their old toys taken away, and DRM-related hand-tying. Players are so used to it, in fact, that even a basic feature like backwards compatibility — just this week finally announced for the Xbox One — is applauded and lauded as a huge step forward.

    Additionally, a small but loud percentage of nominal fans who don’t get their way can be… hostile. Really, really hostile. Not just your ordinary level of angry rants on game forums or reddit, but to the point of hacking networks or calling in bomb threats on company executives they don’t like. Say something the mob doesn’t like, and your actual life might be in danger. And basically, they ruin it for everyone: after a point, the signal to noise ratio gets so far off, or the internet cries wolf so many times, that it can be easy to tune out even legitimate critical feedback as hyperbole and nonsense — to the detriment of all.

    That’s the bad news. Now here’s the good.

    If there is one theme that has emerged in video games through 2015 to date, it is that consumers have finally put up enough of a collective stink over past bad behavior that businesses are actually listening, and are taking baby steps toward a more pro-consumer (or at least a less anti-consumer) future. Positive change is incremental, but abounds.

    Steam’s refund policy marks a reversal of their previous policy, which was basically “never.” Microsoft had to walk back its early plans for the Xbox One to be online and connected to the internet 100% of the time, in the face of consumer pushback, and delivered an offline mode. While the transition away from discs makes all sharing harder, account family sharing tools have come to Steam (and to iOS, which is also an enormous gaming platform). EA got badly burned by its SimCity debacle, and seems to have learned its lesson about rushing products to market before they’re ready, instead allowing for launch delays as needed.

    When “everybody” thought only teenage boys cared about games, crappy customer relations could slip by unnoticed. But the flip side of rightfully crowing that everyone plays is that everyone notices. For games to keep moving into the future, they’re going to have to start trusting that the customers who give them money are the core of the business, not their nemeses.



ribbi
  • by Kate Cox
  • via Consumerist


uCustomer Claims California KFC Served Him Deep-Fried Ratr


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  • Probably one of the worst kind of surprises you can have in life is a food surprise. Not the kind where you come home to find your roommate can’t finish her pizza and offers it to you, but the kind where you bite into your food expecting one thing, only to get a mouthful of something unpleasant. Like chomping down on a deep-fried rat instead of a chicken tender, which is what one KFC customer in Los Angeles is claiming happened this week.

    The California man says he bought a three-piece box of chicken tenders from KFC, and when he took a bite of one of them, it was ” hard and rubbery” and generally disgusting, so he spit it out, reports CNN [link leads to auto-play video].

    (via Facebook)

    (via Facebook)


    He told radio program The Randy Economy Show that he took photos and put the tender in the freezer, and went back to the restaurant, where the manager “freaked out” and confirmed that it was a rat, apologized and offered him a free meal. It’s unclear, however if he showed the manager a photo of the rat-shaped tender or brought in the actual tender.

    He’s since posted a video as well as photos of the tender to Facebook that has been shared more than 4,000 times. He reportedly refused the free meal offer and instead says he’s lawyering up.

    However, KFC responded on Facebook and also told CNN in a statement that the company hasn’t been able to get in touch with the customer to verify his claim.

    “We have made various attempts to contact him but he is refusing to either talk to us personally or through a lawyer. Nor has he come forth with the chicken piece in question for verification,” the company told CNN.

    On Facebook, the company adds that its “chicken tenders often vary in size and shape” and that it’s “aggressively trying to reach” the customer so they can test the product at an independent lab.

    Customer Orders Fried Chicken, Gets Fried Rat? [CNN]



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uApple Revokes “Made For iPhone” License For Monster Headphonesr


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  • There’s nothing like a lawsuit to break up what appears to be a rather cozy and lucrative relationship. And that’s exactly what appears to be happening between Monster and Apple, with the accessories company saying the iPhone maker has revoked its authority to make licensed accessories for iOS devices because of a pending lawsuit against Apple subsidary Beats.

    The Wall Street Journal reports that Apple stripped Monster of its official licensing agreement that had been in place for nearly 10 years.

    Monster claims that Apple’s move to revoke its ability to manufacture authorized accessories for the iPhone, iPad and iPod is retribution for a lawsuit the company and its chief executive Noel Lee filed against Beats back in January.

    The still-pending lawsuit claims that Beats founders Dr. Dre and Jimmy Iovine duped Monster and Lee out of significant proceeds from the company’s $3.2 billion sale to Apple last year.

    The complaint alleges that Dre and Iovine worked out a “sham” deal to cut out Lee from a partnership in which Monster had been producing Beats-brand headphones in 2013. As a result of the deal, the suit alleges Lee and Monster lost out on between $30 million and $150 million when Apple acquired Beats just a year later.

    A lawyer for Monster tells the WSJ that Apple notified the company that the licensing agreement would be terminated on May 5.

    The notice claimed that the association between the two companies was no longer “mutually beneficial” and that the lawsuit would “destroy any working relationship.” Since 2008, Monster says it has paid Apple nearly $12 million in licensing fees.

    As part of the dissolution, the accessories company can continue to sell already produced Apple-licensed products through September, but must stop manufacturing new items.

    Monster tells the WSJ that the termination of the MFi  (Manufactured For iPhone/iPad/iPod) could significantly disrupt business, as about 900 of the company’s more than 4,000 products were created through the licensing program. The company must now change its packaging and redesign some products.

    Apple Revokes Monster’s Authority to Make Licensed Accessories [The Wall Street Journal]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uNew Exploit Leaves Up To 600M Samsung Galaxy Phones Vulnerable To Hackr


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  • Bad news for up to 600 million Samsung Galaxy phone owners worldwide: a big fat new vulnerability has been found that could let anyone with the inclination to cause trouble into your phone to read your messages, listen to your mic, watch your camera, and push malware at you. Oops.

    The exploit is in Samsung’s keyboard, Ars Technica reports.

    The keyboard is, of course, software and the phones come with a Samsung proprietary version of SwiftKey, the Samsung IME Keyboard, pre-installed. And like any other piece of software on the phone, the keyboard occasionally needs to be updated. So far so good.

    So every so often, the phones query a particular server to see if there are updates for the keyboard, or for its language packs, available. However, any attacker can impersonate the server, sending back not just updates but also malicious code. Which Android, left to its own devices, might be able to catch — but Samsung grants their own updates way more privileges then other software might get, and so anything bundled in that keyboard update can just waltz right in and install itself.

    The researcher who found the exploit confirmed its presence on Verizon and Sprint Galaxy S6 phones, T-Mobile Galaxy S5 phones, and the Galaxy S4 Mini on AT&T. (That vulnerabilities in other Galaxy models or the same models on other carriers have not been confirmed doesn’t mean those phones are in the clear, just that they have not yet been tested one way or the other.) The problem is specific to the Samsung custom version of the app, and not to the SwiftKey app that users (of any phone) can get from Apple’s App Store or Google Play.

    Ars explains the technical details, but the short version is that at the moment, there’s not much that owners of vulnerable phones can do. Even if you use a custom app instead of the default Samsung keyboard, it’s still on the phone and therefore still vulnerable.

    There is no way to uninstall the problem app, and while Ars recommends staying off of unsecured wifi networks (always good advice), that still wouldn’t prevent someone from using a variety of techniques to impersonate the update server.

    Samsung has reportedly issued a patch to wireless providers, but it’s anyone’s guess when that will actually find its way to the millions of device owners out there.


    New exploit turns Samsung Galaxy phones into remote bugging devices
    [Ars Technica]



ribbi
  • by Kate Cox
  • via Consumerist


uMcDonald’s Shakin’ Flavor Seasoned Fries Popping Up In Ohio, Michiganr


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  • shakinflavorsIt seems McDonald’s is still on a customization kick: After testing seasoning packets for both fries and McNuggets in Nevada and California, the Shakin’ Flavors have popped up in northwest Ohio and southeast Michigan. Don’t hold your breath for these flavors to roll out nationwide, though, at least not quite yet.

    Free seasoning packets are available with any purchase of fries in those regions, reports BurgerBusiness.com, with options of Garlic Parmesan, Zesty Ranch and Spicy Buffalo. That’s slightly different than the recent lineup in Nevada, which included Chipotle BBQ instead of Spicy Buffalo.

    Although BurgerBusiness notes that these fries now occupy their own corner of the McDonald’s USA site with a call to “Customize Our World Famous Fries With Your Favorite Flavor,” perhaps suggesting a wider rollout, a spokesperson told the site that the Shakin’ Flavor Fries are a local limited-time offering, that at the moment isn’t slated for the big time.

    If and when that happens, it’s likely that spicy buffalo flavor will win out over Chipotle BBQ, as the former is featured on McD’s promotional site, which serves no apparent purpose other than to list flavors with animated seasoned fries appearing when you click on them.

    Customization has been one of McDonald’s rallying cries lately, as it seeks to lure customers in by giving them more control over what their food tastes like. It’s like cooking for yourself, if cooking for yourself means shaking seasoning packets over potatoes someone else fried for you.

    And as we’ve pointed out before — shaking a bunch of stuff onto your fries is going to lead to having a bunch of stuff on your fingers, or all over your lap if you get a little too into the shaking part. Proceed with caution.

    McDonald’s Tries “Customized” Fries [BurgerBusiness.com]



ribbi
  • by Mary Beth Quirk
  • via Consumerist