uCalifornia Penalizes Uber $7.3 Million, Says Service Should Be Suspendedr

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  (Adam Fagen)

  After allegedly failing to provide the state with information about its drivers and whether the company was treating customers fairly, an administrative law judge for the California Public Utility Commission (CPUC) says that Uber should pay a $7.3 million fine and face suspension of its operating license in the state.

  A 2013 decision [PDF] by the CPUC created certain reporting requirements for “New Online Enabled Transportation Services” or “Transportation Network Companies” like Uber and Lyft. Failure to comply with these rules could result in hefty fines.

  The CPUC has been looking into whether Uber has lived up to its obligations under those rules and yesterday, an administrative law judge decided [PDF] that the company had not provided three important pieces of information:

  Accessibility information: the number and percentage of customers who requested accessible vehicles, and how often [Uber] was able to comply with requests for accessible vehicles…

  Service information: the number of rides requested and accepted by [Uber] drivers within each zip code where [Uber] operates, and the number of rides that were requested but not accepted; as well as the amounts paid/donated…

  Driver safety information: the cause of each driving incident involving a [Uber] driver

  Uber did provide some information for each of these three requirements, but the CPUC says that it all fell short.

  For example, rather than provide the state with actual data about its accessible vehicles and related requests for these vehicles, CPUC claims that Uber only “provided a narrative of their efforts to date for accommodating visually impaired, persons with service animals, and persons requiring a wheelchair accessible vehicle.”

  And rather than provide raw data about accepted/denied requests by serviced ZIP codes, CPUC says Uber provided Excel files with information given in “aggregates, averages, and percentages.”

  As for the required data about driver-involved incidents, CPUC notes that Uber did not provide information regarding causes of incidents and amount paid, if any, by any party other than the Uber’s insurance.

  Uber has 30 days to pay up or appeal, which the company says it will do.

  “We will appeal the decision as Uber has already provided substantial amounts of data to the California Public Utilities Commission, information we have provided elsewhere with no complaints,” a company rep tells the L.A. Times. “Going further risks compromising the privacy of individual riders as well as driver-partners.”

  
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by Chris Morran via Consumerist

uHow To Opt Out Of Getting Phone Calls, Texts From Pandora Under Music Service’s Updated Contact Policyr

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• Proving that it’s always a good idea to thoroughly read any changes in a company’s terms of service, even if you really don’t want to because it’s just so many words, Pandora customers might be interested to know that they could be getting phone calls, text messages or even videoconferencing calls from the company in the future if they don’t opt out.

  Pandora emailed customers its new Terms of Service and Privacy policy this morning, which went into effect on June 30. The email is actually helpful in highlighting what some of those changes are, so customers don’t have to do as much digging as they might otherwise.

  One bit that caught our eye is the section on how Pandora is allowed to contact customers. If you’ve ever provided your phone number to the service in the past, the Terms of Service says you’re giving the company permission to not only call you or text you, but potentially videoconference you — or any other method that hasn’t been invented yet.

  “If you have provided us with your phone number, you hereby grant Pandora the authorization to contact you at that number through one or more means, including but not limited to text messages (i.e., SMS messages) or other similar notifications, phone calls, videoconferencing, or other audiovisual communication methods now known or hereafter devised, for a purpose that may include providing you with special offers or facilitating a call with an artist.”

  Those who don’t want to find someone from Pandora one day popping in for a video chat, there’s currently no simple button to click to opt out. Instead, customers are directed to contact Pandora’s Listener Support and fill out an email form. If you’re a Pandora customer with a phone number on file, let us know how that process goes for you.

  
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by Mary Beth Quirk via Consumerist

uCribs Recalled After Reports That Brackets Can Break, Trapping Or Injuring Infantsr

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• All recalls are important to take note of, but those related to the safety of products used specifically for the youngest consumers – babies – are often of the utmost importance. And while a recent recall for Bexco is relatively small, because there’s a risk of entrapment of infants the issue falls into the “take note” category. 

  The Consumer Product Safety Commission announced this week that Bexco would recall 12,000 DaVinci cribs after 10 reports in which a metal bracket that connects the mattress support to the crib broke.

  If the bracket breaks, it can create an uneven sleeping surface or gap, which could lead to an infant becoming entrapped in the crib, falling or suffering lacerations from the broken metal bracket.

  Thankfully, Bexco reports there have not been any reports of injuries related to the issue.

  In all, the recall covers the Reagan, Emily, Jamie and Jenny Lind crib models that were sold for between $150 and $250 at Target and juvenile product stores nationwide and on Amazon from May 2012 to December 2012.

  Bexco urges consumers to immediately stop using the crib and contact the company for a replacement mattress support.

  Bexco Recalls DaVinci Brand Cribs Due to Entrapment, Fall and Laceration Hazards [Consumer Product Safety Commission]

  
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by Ashlee Kieler via Consumerist

uFedEx Driver Figures He Might As Well Shoot Some Hoops In Home’s Drivewayr

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  (wow channel on YouTube)

  Attention, delivery drivers: Though you might think it’s a good time to work on your basketball skills when customers aren’t home, they could be waiting just behind the curtains, ready to catch you in action and giggle as you miss most of those shots.

  A YouTube video posted this morning with the description, “When the FedEx man at your house thinks no one is home!” shows a delivery truck parked at the edge of a driveway with a basketball hoop, and a man in what appears to be a FedEx uniform lobbing a few balls toward the basket.

  He could probably use some more homes equipped with hoops, we must say, as he misses three out of four shots before finally sinking the last one. Practice makes perfect, right?

  The best part of the video might just be the disembodied voice giggling as the footage is filmed from behind the curtains of the home, apparently so as not to scare the driver away from his practice.

  
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by Mary Beth Quirk via Consumerist

uPetSmart Sorry For Accidentally Throwing Live, Swimming Fish In The Trashr

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  (via Facebook)

  It took a few days, but PetSmart finally responded after a video was posted on social media that claimed to show live goldfish swimming in a bag that had been chucked in a store’s garbage bin. The chain apologized to customers, saying an employee didn’t realize any of the fish were still alive.

  A Michigan woman posted the 30-second video on Facebook over the weekend, saying in the caption that a friend had sent it to her. In the video, the bag full of water and fish is sitting in what looks like a mostly empty garbage bin, apparently behind the PetSmart, and is tied shut. Though there are definitely a lot of dead fish, there are also some very much alive little guys. Many of the thousands of commenters on the video were angry that live fish were tossed out.

  “I’d post that video to their main facebook page so the world can see what the workers do to the fish,” one wrote.

  “How sad…I never thought people would be abusive to fish,” another said.

  “A corporation whose business is selling to people who own, love and adore their pets (even fish!) do not need this! We shop at Petsmart. Rethinking that!!!!” yet another commenter replied.

  A corporate communications manager for the chain said it was all a big mistake, and the company is looking into things.

  “Upon investigation we learned an associate accidentally discarded a bag of goldfish that had just arrived at the store and appeared to all be deceased,” she told MLive.com. “When a customer noticed the mistake, an associate was able to recover the few live fish and place them into a tank. We regret the mistake and are reviewing our policies to avoid future errors.”

  The woman who posted the video said the business’ focus should be on the treatment of animals, calling the incident “unacceptable.”

  “I truly hope this a wake up call to the store,” she said. “I can only pray there will be more accountability in the future.”

  PetSmart responds after Facebook video shows live fish in dumpster [MLive.com]

  
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by Mary Beth Quirk via Consumerist

uAmazon’s Prime Day Gets Mixed Reviews, But Company Says Sales Were Upr

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  (Alan Rappa)
  

  While Amazon’s Prime Day didn’t get off to such a great start with customers reporting they weren’t able to get the “lightning deals” in their carts, it looks like the hype surrounding the Prime member-exclusive deal-day paid off: people were talking and spending money.

  CNN reports that by midday Wednesday sales for the online site had increased by 80%, according to retail tracker ChannelAdvisor.

  According to Amazon, the sale was a major hit, with “peak order rates” surpassing last year’s Black Friday sales.

  The company didn’t just see people pulling out more from their wallets during the big sale, they also saw more mentions on social media – except, a lot of those weren’t exactly favorable.

  CNN reports that ADOBE found the retailer’s social media mentions were up about 50% Wednesday compared to its 30-day average. However, most of those Tweets and Facebook posts – about 42% – were from customers expressing disappointment in what they saw as lackluster deals and very limited quantities of products.

  AdWeek reports that in many cases, customers reported feeling as if the deals on the site were more akin to a “crappy yard sale” than a desirable mega-sale.

  Amazon tells CNN that while some customers may have been disappointed that certain products weren’t discounted, the company has “experience with these types of events and we stagger the deals to make sure the fun will last through tonight.”

  Despite complaints, Amazon sales soar 80% on Prime Day [CNN]

  
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by Ashlee Kieler via Consumerist

u2 Million More Stuffed Chicken Breasts Recalled For Possible Salmonellar

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  One example of a frozen chicken breast package that’s part of this recall.

  Hey, remember that recall of 1.7 million frozen stuffed chicken breasts and other chicken products for potential Salmonella contamination earlier this week? Hope you’re ready to check your freezer again, chicken fans! Another company that sells similar products has recalled 1,978,680 (let’s round that up to 2 million) pounds of its prepared chicken products. That is not a total of 2 million including the last recall: this is a separate recall for similar products.

  This manufacturer, Koch Poultry Company’s Aspen Foods, sells its products under a number of brand names. You can check the USDA’s complete list of recalled products, which is available as an Excel sheet, but it’s utterly useless to consumers since it only contains product names, product codes, and the weight of each shipment, without mentioning details like the brands and retailers or wholesalers that might have sold the products that have now been recalled.

  Here’s what you should actually look for: chicken from the affected facility will have the USDA establishment number P-1358. The affected products were packaged between April 15, 2015 and July 10, 2015, and have “best if used by” dates between July 14, 2016 and October 10, 2016.

  To jog your memory, brand names included in the recall (this isn’t a comprehensive list) are:

  • Koch Foods
  • Chestnut Farms
  • Safeway
  • Market Day (sold as fundraiser)
  • Roundy’s
  • Spartan
  • Acclaim
  • Family Favorites
  • Kirkwood
  • Safeway Kitchens
  • Buckley Farms
  • Oven Cravers
  • Centrella
  • Shaner’s
  • Schwan’s
  • Antioch Farms
  • Rose
  • Rosebud Farm

  In addition, stuffed chicken breasts sold by foodservice giant Sysco were also recalled, so if you’ve had chicken cordon bleu during a recent catered or restaurant meal, monitor yourself for fever and abdominal cramps.

  If you have questions about the recall, contact the retailer where you purchased the item, or call the company’s hotline at (844) 277-6802.

  The symptoms of salmonellosis are diarrhea (which can be severe), abdominal cramps, and a fever. The illness lasts for 4 to 7 days, but it can be more severe in people who are very young, very old, or who are already sick or immunocompromised. People are hospitalized and can die from this infection.

  While the chicken breasts are pre-breaded and look ready to eat, you shouldn’t just pop them in the microwave: they should be heated to an internal temperature of 160 degrees in an oven.

  Aspen Foods Recalls Frozen, Raw, Stuffed & Breaded Chicken Products Due to Possible Salmonella Enteritidis Contamination [USDA]

  
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by Laura Northrup via Consumerist