четверг, 3 сентября 2015 г.

ueBay Seller Who Sued Customers For Bad Feedback Orderd To Pay $19,250 In Legal Feesr


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  • You may remember that back in 2013, an eBay seller filed a lawsuit against a customer who left him accurate negative feedback, claiming that he hadn’t actually read his own suit when the company’s actions led to Internet backlash. Now the case has finally been resolved, with a judge ordering the seller to pay $19,000 in attorneys’ fees to the local lawyers who took the customer’s case pro bono.

    The eBay customer left bad feedback when her package arrived with insufficient postage, and the company filed a libel suit in its home state as a tactic to make her delete the feedback, since she was unlikely to travel there or hire a local attorney. This wasn’t the first time the store had filed this type of lawsuit, observers figured out, and ultimately the case led to multiple sanctions trials and the order to pay legal fees.

    Sales at the eBay store fell, but it is still in business. Public Citizen’s Paul Levy reports that the company has changed its name twice since this story blew up in the spring of 2013.

    The case and the Internet’s negative reaction to it remains a top search result for the company’s original name, MedExpress, and for its attorneys; maybe, Levy speculates, the case will serve as a warning to people who want to file lawsuits for damages to have bad feedback taken down, and for attorneys who would consider taking these cases.

    Med Express v. Nicholls [Public Citizen]



ribbi
  • by Laura Northrup
  • via Consumerist


uWaze Accused Of Stealing Map Data From Competing Traffic Appr


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  • waze-fullHow do you catch someone who you think is stealing your map data? Just put locations on the map that don’t exist, and then look for those locations to show up on the alleged thief’s maps. That’s what traffic-alerting app PhantomAlert did when it believed that competitor Waze was stealing its location database. Now PhantomAlert is suing Waze, which has since been purchased by Google.

    PhantomAlert alleges that Waze approached the company in 2010 to propose an arrangement where the two companies would share data about points of interest (businesses, landmarks) as well as traffic and map data. They declined the arrangement, and thought both companies would just go on their way.

    PhantomAlert alleges that Waze then began copying information from their maps, including fake items that they deliberately placed in the Points of Interest database. “Waze stole PhantomALERT’s database when Waze could not get it legally, and then sold itself to Google for over $1 billion,” the company’s attorney said in a statement.

    PhantomAlert works with standalone GPS devices as well as mobile devices, and charges a subscription fee. Waze is free to use, supporting itself with location-based ads served up on the road. PhantomAlert also alleges that Waze’s parent company, Google, uses data that originated with PhantomAlert in its own maps and other services.

    RELATED:
    Smartphone Traffic Apps: Are You Gambling With Your Commute?



ribbi
  • by Laura Northrup
  • via Consumerist


uSoft Drink Companies Fund Fitness Programs, Ungrateful Governments Campaign Against Soda Anywayr


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  • Soft drink companies have an important message to get across to the public: their products can be part of a healthy lifestyle when used occasionally, and when you burn off that Mountain Dew with regular exercise. They’ve even been nice enough to fund fitness programs in many cities, and those ungrateful cities respond by proposing taxes and warning labels for their products.

    Take San Antonio: the city has a type 2 diabetes rate that’s double the average in this country, and the city government resisted anti-soda ad campaigns aimed at the public. The county where San Antonio is embarked on its own campaign, which features a guy gobbling sugar packets while sitting at a counter in a diner. The message: if you wouldn’t eat 16 sugar packets along with your meal, why are you sipping a 20-ounce soda?

    Some officials are uncomfortable with the idea of telling residents what to eat, even if it’s only a public-health or education campaign. Yet in San Antonio, the Coca-Cola-funded exercise initiatives didn’t lower the obesity rate among adults, or the percentage of people who say they drink at least one soft drink daily.

    Sodas, Health Officials Duke It Out City by City [Wall Street Journal]



ribbi
  • by Laura Northrup
  • via Consumerist


uPitfalls Of Big Data: Test Prep Company Charges By Geography, Ends Up Charging More By Racer


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  • Many teenagers’ parents want to give their kids every possible advantage when it comes to the SATs. They pony up a few thousand dollars and buy Junior a test-prep course. It’s expensive, but at least it’s the same kind of expensive for everyone, right? Well, no, it’s not. And worst of all: there sure is an awfully high correlation between the race of the family doing the buying and the price that they get charged.

    ProPublica crunched the numbers and found that The Princeton Review, one of the most popular test-prep companies, not only sells the same product at different prices depending where you start from — but also that Asian customers, no matter where they live, are likely paying the most.

    While higher-income areas generally get charged more for the same package, ProPublica found, the correlation isn’t just that straightforward. New York and D.C. residents pay the most, but customers in regions with high densities of Asian residents were likely to see the highest price — even if those regions are themselves low-income:

    When it came to getting the highest prices, living in a ZIP code with a high median income or a large Asian population seemed to make the greatest difference.

    The analysis showed that higher income areas are twice as likely to receive higher prices than the general population. For example, wealthy suburbs of Washington D.C. are charged higher prices. But that isn’t always the case: Residents of affluent neighborhoods in Dallas are charged the lowest price, $6,600.

    Customers in areas with a high density of Asian residents were 1.8 times as likely to be offered higher prices, regardless of income. For instance, residents of the gritty industrial city of Westminster, California, which is half Asian with a median income below most, were charged the second-highest price for the Premier tutoring service.

    The Princeton Review, of course, almost certainly isn’t explicitly setting out deliberately to charge customers different prices by race. In addition to being a scummy thing to do and looking very bad PR-wise, that is also very illegal.

    Indeed, the company denied it strenuously. In a statement to Pro Publica, The Princeton Review said, “To equate the incidental differences in impact that occur from this type of geographic based pricing that pervades all American commerce with discrimination misconstrues both the literal, legal and moral meaning of the word.”

    But even if the outcome isn’t intended, that doesn’t mean it’s not there.

    Race-based price discrimination may not be the goal, but it is still a real, unfortunate side-effect of the algorithms the Princeton Review is using to set different prices. The publication bases its pricing on ZIP code. They told ProPublica that pricing is based on the “costs of running our business and the competitive attributes of the given market.” Translate that “competitive attributes” into English, and it basically means that if demand for their services is particularly high in an area, they can charge more without losing customers.

    The Princeton Review is using algorithms — theoretically neutral pieces of software based on math — to make assumptions and judgements about who wants, and can pay for, what. But those algorithms, like thousands of others that millions of us are classified by every day, are designed by humans that bring their own assumptions and biases with them into the code.

    It’s not just SAT prep. The reliance on algorithms to decide who customers are and how you should treat them is pervasive and growing. Sites will use anything from your IP address to your browsing history to decide anything from what search results you should get to what credit card offers you should see.

    But the challenge of relying on all those numbers to do the thinking for you is exactly what the Princeton Review ran into here: disparate impact. When you try to privilege or minimize some non-protected attributes — like ZIP code — you can end up prioritizing or deprioritizing consumers by legally-protected statuses, too. If Orbitz thinks Mac users want to pay more for hotels, that’s crappy but not illegal. If The Princeton Review thinks that Asian-American families should pay more for their services than white families, well, that’s a whole other problem.

    But in general, right now, the disparate impacts of algorithms on everyone who uses digital services are still, as consumer advocate Ed Mierzwinski put it last year, the “Wild West.” Regulation has not yet caught up with the ability for vendors to discriminate — intentionally or not — against legally-protected populations with a single click.

    The Tiger Mom Tax: Asians Are Nearly Twice as Likely to Get a Higher Price from Princeton Review [Pro Publica]
    When Big Data Becomes Bad Data [Pro Publica]



ribbi
  • by Kate Cox
  • via Consumerist


uN.Y. Bill Seeks To Outlaw Smoking In Hotel Roomsr


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  • Although it’s illegal to smoke in most indoor spaces in New York — office buildings, bars, restaurants, retail establishments, etc. — those looking to light up a cigarette can still do so in hotel and motel rooms that are specified as smoking rooms. That could change soon, if a new bill in the state legislature succeeds.

    When the Clean Indoor Air Act was passed in the state in 2003, the hotel industry got an exemption that allowed smoking in rooms, along with other indoor spots like private residences, cars, cigar bars, membership organizations and retail tobacco shops.

    Assemblyman Ken Zebrowski has had personal experiences with those smoking rooms that prompted him to introduce the bill to remove that exemption for hotels last month.

    “I’ll be honest, I spend a lot of time in hotel rooms,” Zebrowski told Democrat & Chronicle. “One of the things I’ve noticed is if you are above, below or next to a smoking room — even if you’re a non-smoker — it comes right through the vents.”

    The bill is going to face stiff opposition from the tobacco industry when lawmakers get back to the Capitol in January: Altria, the parent company of Phillip Morris USA, says it should be up to business owners whether or not to allow smoking.

    “In indoor public places where smoking is permitted, business owners should have the flexibility to decide how best to address the preferences of non-smokers and smokers through separation, separate rooms and/or high-quality ventilation,” reads the company’s website.

    As for how the hotel industry will react, it’s unclear: chains including Marriott and Westin have already banned smoking within their hotels, so they don’t have an interest either way.

    “At this point, with the bill being introduced, we will go out to our 1,300 members, survey them and talk to them before we can give industry-wide feedback,” Mark Dorr, vice president of the New York State Hospitality & Tourism Association told the Democrat & Chronicle. “So we really don’t have a position on it right now.”

    The bill doesn’t have a sponsor in the Senate yet, but Zebrowski also hasn’t reached out to anyone about picking it up so far.

    “I just think from all the evidence of the detriments of second-hand smoke and as much as we’ve tried to eliminate the threat to non-smokers, this I think is a reasonable next step,” Zebrowski said.

    Bill would ban smoking in NY hotels (Democrat & Chronicle)



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uMan Masquerading As Walmart Employee Walks Out The Door With Four Big Screen TVsr


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  • Surveillance video shows a man posing as a Walmart employee stealing four large Samsung TVs.

    Surveillance video shows a man posing as a Walmart employee stealing four large Samsung TVs.

    Walmart already has a long list of workers vying for the title of “worst employee,” but it’s a thief posing as an employee at the big box store that might take the cake: walking in the door, grabbing four big screen TVs and simply walking back out the way he came.

    Police near Dallas are asking for the public’s help in finding the brazen thief who stole four Samsung televisions from a Walmart store last month, the Dallas Morning News reports.

    Authorities say the man, wearing a vest and employee badge, walked straight to the store’s stockroom, loaded up a hand truck with thousands of dollars worth of smart TVs and walked out the door to a waiting Nissan vehicle.

    The fake employee perhaps wasn’t stealthy as he may have thought. A real employee of the store took notice of the large haul and followed the man outside. The worker was able to take down the plates of the Nissan getaway vehicle.

    However, police say the information was a dead-end, as the plate number was connected to a Land Rover.

    “He knows what he’s going after,” police Sgt. Robert Eberling said of the their. “He pretty much committed the identical offense” at another store the week prior.

    Anyone with information about the fake Walmart employee can call the Grapevine Police Department at 817-410-3200.

    Fake Walmart employee walks out of Grapevine store with big-screen TVs [The Dallas Morning News]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uJudge Signs Off On $415M Settlement To Resolve Tech Industry Anti-Poaching Conspiracy Caser


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  • More than three-and-a-half years after a group of workers in Silicon Valley filed a lawsuit claiming that some of the technology industry’s biggest bigwigs were involved in a secret, anti-poaching pact to prevent their employees from switching jobs and thus, keeping their salaries down, a judge has approved a $415 million settlement to lay that case to rest.

    U.S. District Judge Lucy Koh ended antitrust claims against Apple, Adobe, Google and Intel over allegations that they’d gotten together and promised not to pillage each others’ workforces with a 15-page order on Wednesday, reports the San Jose Mercury News.

    The problem for workers in that situation is that with no one trying to woo them away from their current jobs, there’s no hope of gaining leverage to ask for a raise when the time comes.

    The deal had been expected since the proposed settlement was tentatively approved earlier this spring. It’ll will keep the CEOs of those Silicon Valley tech giants out of the courtroom, where a trial could’ve aired embarrassing allegations: the proceedings had unearthed internal emails that cast former Apple CEO Steve Jobs and others in a not-so-great light, including missives where he’d allegedly been the one behind the “gentlemen’s agreements.”

    All the companies involved have denied wrongdoing, saying they’re only settling to avoid the risks of a trial, which could’ve cost them an estimated billions of dollars in damages.

    Poaching settlement OK’d: Apple, Google, Intel, Adobe must pay $415 million [San Jose Mercury News]



ribbi
  • by Mary Beth Quirk
  • via Consumerist