uAmazon Expands Restaurant Delivery Service To Portland, ORr

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• Consumers in Portland, OR, hungry for a nice dinner, but too tired to actually head out into the world, can now order via Amazon’s newly expanded Prime restaurant delivery service. Using the Prime Now mobile app, members of Amazon’s $99/year subscription program can view participating restaurants, browse menus, place orders and track the status of their delivery. Once an order is placed, Amazon delivery drivers pick up and deliver the food within an hour or less. The service first launched last month in Seattle. [Amazon]

  
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by Ashlee Kieler via Consumerist

uTakata Recall Likely To Expand Beyond 11 Automakers Currently Affectedr

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  Just two days before regulators are set to hold yet another public meeting regarding options to speed up replacement of defective shrapnel-shooting, Takata-produced airbags linked to eight deaths and hundreds of injuries, the head of the National Highway Traffic Safety Administration revealed it would likely expand the recall beyond the 11 automakers already involved. 

  NHTSA chief Mark Rosekind signaled on Monday that regulators would add other automakers to the already massive Takata recall roster, which currently includes some 19 million vehicles, Reuters reports.

  So far the Takata recall focuses on vehicles produced by BMW, Daimler Trucks, Fiat Chrysler, Ford, General Motors, Honda, Mazda, Mitsubishi, Nissan, Subaru and Toyota.

  “It goes beyond the 11,” Rosekind said. “All of these are fitting under the investigation we currently have. And we’ll be talking about all of those.”

  He noted that the agency would be more specific on the additional manufacturers during the Thursday meeting, and advised the companies to move quickly to address the airbag issues.

  “It would not surprise me if other people decide to deal earlier and faster with these issues,” Rosekind said.

  NHTSA is expected on Thursday to make its case for coordinating the Takata recall in order to ensure the nearly 24 million defective airbags are fixed in a timely manner.

  Rosekind’s remarks that the agency would likely expand the scope of the recall to include more automakers comes just a month after the agency sent letters to seven additional manufacturers.

  The letters, sent to Mercedes-Benz, Jaguar-Land Rover, Suzuki, Tesla, Volvo Trucks, Volkswagen and Spartan Motors, sought information on which of their models have Takata inflators.

  “It is expected that the scope of the current Takata recalls may expand as time goes on and will likely grow to include vehicles that are outside the scope of the current recalls,” the letters said.

  The letters were initiated as a result of Takata’s theory that the cause of the problem is that the chemical degrades over time, which “could potentially lead to overaggressive combustion or potentially cause the inflator to rupture.”

  While Volkswagen – which is at the center of an unrelated emissions scandal related to 11 million vehicles – wasn’t previously part of the Takata recall, it was under investigation by NHTSA related to a June crash involving an SUV in which the side air bag inflated with too much force and blew apart the inflator canister.

  Takata air bag recall probe could expand: U.S. regulator [Reuters]

  
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by Ashlee Kieler via Consumerist

uDiscrimination Lawsuit: Starbucks Fired Deaf Worker Who Asked For Sign Language Interpretersr

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  An Arizona woman who worked as a Starbucks barista for seven years has filed a lawsuit against the company for allegedly discriminating against her because she’s deaf. She claims she repeatedly asked for reasonable accommodations to help her on the job and was repeatedly denied, and that she was finally fired because of her disability.

  According to the lawsuit [PDF], the worker asked multiple times between March 2007 and January 2014 — when she was fired — for reasonable accommodations, such as sign language interpreters for staff meetings, training, and other important work events, and was denied in most instances.

  “Between 2007 and 2014, [she] repeatedly requested reasonable accommodations to enable her to ensure effective communication, to perform the essential functions of her job, and to enjoy the benefits and privileges of employment,” the complaint states. “With these reasonable accommodations, [the plaintiff] would have been able to perform the essential functions of her job, such as taking customers’ orders at the front counter and at the drive-thru.”

  After meeting with management and insisting on interpreters, she claims she was later fired as retaliation for filing a charge of discrimination with the U.S. Equal Employment Opportunity Commission. She says she was told she was fired having visible tattoos — which she’d had for the duration of her employment. Other workers also had visible tattoos, the lawsuit claims. And months later, Starbucks changed its anti-tattoo policy for employees.

  The lawsuit alleges that the worker was a qualified individual with a disability who could perform the essential functions of her job with reasonable accommodations, but Starbucks refused to provide those reasonable accommodations to her.

  “Defendant fired her in retaliation for participating in protected activities and on the basis of her disability,” the lawsuit claims, accusing Starbucks of violating the Americans with Disability Act.

  She’s seeking compensatory damages, a permanent injunction to keep Starbucks from “engaging in unlawful employment practices that discriminate on the basis of disability in violation of the ADA,” and from engaging in retaliation against its employees for participation in protected activity. The lawsuit also wants Starbucks to create policies, practices and programs that provide equal employment opportunities “for individuals who are deaf and hard of hearing and which eradicate the effects of its past and present unlawful employment practices.”

  It seems she’d also like to work for Starbucks again, as the complaint seeks a judgment that would reinstate her at her position, as well as pay her back pay and accrued sick leave or annual leave that she didn’t receive when she was fired.

  “This case is not just about issues of accommodation; it’s about having the right to be treated fairly and equally in society,” attorneys for the ex-worker said.

  Consumerist reached out to Starbucks for comment on the lawsuit, and will update this post if we hear back.

  
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by Mary Beth Quirk via Consumerist

uMore Trouble For ITT Education Services: Agency Restricts For-Profit’s Use Of Federal Student Aidr

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• Just a month after for-profit college operator ITT Education Services announced it had become the focus of a federal fraud investigation, the Department of Education revealed it had placed restrictions on ITT Technical Institute’s use of federal grants and loans. 

  The Dept. of Education announced the limitations in a letter [PDF] to the for-profit education chain on Monday, noting that the action was a result of the company’s failure to account for millions of dollars in aid that was distributed to students in the last five years.

  Under the restrictions, ITT will now only be allowed to pay out federal education funds to students once they’ve attended classes and been certified as eligible by a school representative.

  The company must also submit monthly enrollment rosters with aid information and news about any restrictions placed on it by lenders to the Department.

  ITT first appeared on the Department’s “heightened cash monitoring” list last year for missing the deadline for filing financial statements.

  That action meant that before ITT could request or draw federal funds it had to make disbursements to students and parents for the amount of Title IV funds that those students and parents were eligible for and had to compile borrower-level records with respect to the funds disbursed to each student or parent.

  While the Dept. of Education worked with ITT to straighten out its past accounting issues over the summer, the agency said on Monday that the company “provided conflicting information regarding the reconciliation of Pell Grant Award” years 2010 to 2013. Reconciliation of those awards should have been performed before July 2015.

  “Taken together, these facts demonstrate a failure by ITT to meet its fiduciary obligations, to properly and timely reconcile Title IV program funds as per the regulations and Federal Student Aid guidance,” the letter states.

  Education Undersecretary Ted Mitchell tells the Washington Post that the agency’s action against ITT is part of its “responsibility to protect students and hardworking taxpayers’ dollars.”

  On Tuesday, ITT Education Services vice president of government relations and external affairs, Nicole Elam, issued a statement saying the company was complying with the Department’s requirements and are already in the process of implementing measures to address reporting issues.

  “While the additional requirements will result in an increased administrative burden, the company does not believe they will have a material negative impact on our financial results, or in any manner affect the timely award of financial aid to eligible students or the operation of our campuses,” she said.

  While those who have fought to rein in the for-profit college industry were quick to applaud the Department’s action on Monday, they also questioned why ITT Technical was still able to operate at all.

  “The bright lights of state and federal regulators are shining on the wrongdoing and abuses of ITT Tech like never before,” Illinois Senator Dick Durbin, who has continuously backed measures to ensure for-profit colleges don’t take advantage of students, said in a statement.  “At the same time, this company, deemed ‘not financially responsible’ by the U.S. Department of Education, continues to receive billions in federal Title IV dollars. Isn’t it time to protect students and taxpayers and turn out the lights at ITT?”

  The new restrictions from the Dept. of Education are just the latest regulatory and legal issue for ITT Educational Services.

  Last month, the company revealed that the Department of Justice was looking into whether the company defrauded the federal government.

  The company noted in a filing with the Securities and Exchange Commission that it had received a Civil Investigative Demand from the DOJ seeking “to determine whether there is or has been a violation of the False Claims Act,” which imposes liability on companies who defraud government programs.

  In that case, the violations investigation “focused on whether [the Company] knowingly submitted false statements in violation of the Department of Education’s Program Participation Agreement regulations.”

  Back in May, the SEC filed fraud charges against current and former executives with the company for their part in concealing problems with company-run student loan programs.

  The charges against the company, former CEO Kevin Monday and current CFO Daniel Fitzpatrick stem from their alleged fraudulent concealment of the poor performance and looming negative financial impact of two student loan programs the company financially guaranteed to investors.

  According to the SEC complaint [PDF], the loans performed so poorly by 2012 that the company’s guarantee obligations were triggered. However, instead of disclosing the issue to investors, the SEC alleges that ITT and the executives engaged in a fraudulent scheme and made a number of false and misleading statements to hide the magnitude of ITT’s guaranteed obligations to the loan programs.

  Before that, in February 2014, the Consumer Financial Protection Bureau sued ITT for allegedly pressuring students into predatory loans and misleading students on future job prospects and salaries.

  Additionally, the company has faced actions from several states, including the suspension of GI Bill Eligibility in the state of California in May of this year.

  
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by Ashlee Kieler via Consumerist

uLyft & Verizon Partner Up To Offer Free DeLorean Rides To NYCers On Oct. 21r

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  Marty McFly probably didn’t need a time machine to predict that where there’s a popular, revered movie franchise, there will be plenty of publicity stunts staged around it. As Oct. 21 approaches — the date Marty and Doc traveled to in Back to the Future: II — companies are falling all over themselves to get a piece of the attention, offering flux capacitors, commemorative Pepsi Perfect sodas and more. This time it’s Verizon and Lyft, who have joined forces to offer New York City passengers free rides in a DeLorean DMC-12 for the day.

  Lyft, Universal and Verizon are all on board for the promotion, which will be available from 11 a.m. to 5 p.m. on Wednesday — aka “Back to the Future Day” — and won’t cost a thing. You’ve also got the ability to request to go forward or back in time, at which point my guess is the driver tells you to shut your eyes and says, “Now imagine you traveled through time!”

  Of course, that ride will only be free if you can manage to get one — The Verge spoke to a company spokeswoman who said Lyft is bringing in DMC-12s from “all over the country” to try to meet expected demand. An exact number of vehicles wasn’t provided, but it’ll be less than 6,500 because that is estimated to be the total amount of original DMC-12s ever made.

  Publicity stunt? Yes, completely and totally. But hey, it’s also a free ride in a DeLorean on Back to the Future Day.

  
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by Mary Beth Quirk via Consumerist

uUnited Names Interim CEO While Oscar Munoz Recovers From Heart Attackr

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  For the second time in just over two months, the United Airlines board of directors has announced a new leader as its recently appointed CEO, Oscar Munoz recovers from a heart attack.

  Brett Hart, United vice president and general counsel, will serve as acting CEO until Munoz is able to rejoin the company, the Chicago Tribune reports.

  In Munoz’s absence, United said Hart will work closely with the company’s non-executive chairman of the board, and the airline’s executive team to run the carrier.

  In the past, Hart has been responsible for government and regulatory affairs, corporate real estate, customer experience, corporate security, community affairs, contact centers and food services.

  “Brett has taken on increasing responsibility beyond general counsel over the last few years in the operations and customer facing areas of the company,” Henry L. Meyer III, non-executive chairman of the board, said in a statement. “I am confident in his ability to continue to implement the company’s strategy and Oscar’s mission of bringing United’s people together around the shared purpose of becoming the best airline for our customers and employees.”

  The company did not provide an update on Munoz’s condition.

  Hart’s appointment as acting CEO comes just two months after Munoz took the helm of the airline. He succeeded Jeff Smisek, who stepped down in early September.

  Just last month, Munoz laid out his plans for the company: apologizing for the carrier’s haphazard merger with Continental, working to raise morale among employees and striving to regain the trust of passengers.

  “Oscar’s agenda is focused on customer service, teamwork and innovation and I, along with the executive team, will continue to move quickly to implement it,” Hart said in a statement.

  United stays in-house, names interim CEO to replace Munoz [The Chicago Tribune]

  
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by Ashlee Kieler via Consumerist

uYou Don’t Need To Wait Until February To Get Your Cute Kitty Egg Moldr

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• A few weeks ago, a news story circulated about a cute and successful Kickstarter funding campaign. The story behind the product was simple: a woman who likes to cook eggs traveled through Asia, where adorable food molds are popular. She came home and designed a cat-shaped mold for cooking fried eggs, and the Internet threw money at her: more than $. The end? No, not quite.

  Apparently, the kitty egg mold’s time has come. Sometimes different people have the same idea at the same time. In the mid-19th century, two men working separately, Charles Darwin and Alfred Russel Wallace came up with the theory of evolution. Last century, different teams of researchers all produced polio vaccines around the same time. And in the summer of 2015, at least three different people designed silicone food molds shaped like cats.

  Those aren’t equally important accomplishments, but what they have in common is that the world was ready for them. Apparently, it’s the same with cat egg molds. This first came to our attention with the Kickstarter campaign from Egg Addiction.

  The idea struck a chord with bloggers and writers all over, since it combined food, cats, and the opportunity to use the word “PURRRR-fect” in a headline. Apparently, though, none of those bloggers apparently bothered to type the words “cat egg mold” into their search engine of choice. That’s because similar products were already on the market in the United States, something that the articles failed to mention.

  

  This is where things get complicated: people accused the campaign’s creator of simply buying egg molds on wholesale site Alibaba and passing them off as her own creation. Not so, the creator says: these sellers are stealing her photos and pretending to sell her design.

  

  However, the Egg Addiction version isn’t the only yolk-eyed kitty on the market. You can find similar items at Sur La Table and Amazon, from popular novelty-item companies Gamago and Fred [Flare] & Friends.

  

  

  Yet creator Cindy Ho, selling the egg molds under her blog brand of Egg Addiction, says that the different entities all seemed to come up with the same idea around the same time. “While traveling throughout Asia, I was inspired by the food culture in Taiwan and Japan,” she told Consumerist. “I noticed that fun shaped animal goods get people really excited and happy.” She says that she brought the idea home with her and began creating prototypes, without any idea that other companies were developing their own kitteggs.

  “During the time that I started designing and prototyping, there were absolutely no cat egg molds existing on the market,” she says. That’s plausible. Sur la Table said that they first stocked the Gamago version of the item around August 2015. The Fred & Friends version, stocked at Amazon, went on the market this summer.

  People claiming to work for both companies made pledges to the campaign so they would be able to leave comments, then complained about the similarity of the designs to theirs. We contacted the purported designer, and didn’t hear back.

  The designs differ enough that you probably have an aesthetic preference, and maybe there’s enough room in the marketplace for three cat-shaped egg molds. It’s just a matter of how much you want to spend, and whether you want to wait until February.

  What we can’t tell you is which version came first. Kickstarter doesn’t perform that function, either. David Gallagher of Kickstarter couldn’t comment on any user’s specific campaign, of course, but explained that the company does suspend campaigns when someone files a claim under the Digital Millennium Copyright Act.

  “Our rules include a list of things we don’t allow, which includes reselling things that were not produced or designed by the project creator,” he told Consumerist. “When creators are making physical products, we encourage them to share documentation of the development process and explain how they arrived at the current design.” They also must have a working prototype, as the creators of the Skarp laser razor learned last week after raising $4 million in pledges. They don’t have the resources to vet every item before it’s posted, and depend on the

  The important thing to remember here is that crowdfunding sites aren’t stores. They’re catalogs of cool things that don’t exist yet, and sometimes those projects fail. Research any new and exciting product that you see, including reading comments on Kickstarter.

  Check out the creators beyond simply clicking the links that they provide on their Kickstarter profile. Check whether something identical or similar is already on the market. If there isn’t already something similar on the market, ask yourself why: is it because the product is technically impossible, or because it’s an amazing original idea?

  
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by Laura Northrup via Consumerist