uFacebook Wins Dismissal Of $15 Billion Privacy Lawsuitr

4 4 4 9

• 
  It’s been more than three years since a federal judge in California heard arguments in a large class-action lawsuit filed against Facebook over its questionable privacy practices. Finally, on Friday that judge sided with the social network and threw out the case — while leaving open the option for plaintiffs to revise and re-file their case.

  The complaint involves Facebook’s tracking of users both while they are logged in as Facebook users and after they log off.

  The plaintiffs argued that, in exchange for offering free access to Facebook, the company “conditions its membership upon users providing sensitive and personal information… including name, birth date, gender and e-mail address,” and requires that users accept numerous Facebook “cookies” on their web browsers that allow Facebook to track that a user’s Internet browsing history — which is then marketed to advertisers.

  Of particular concern to the plaintiffs was Facebook’s continued tracking of users even after they had logged out of Facebook.

  According to the plaintiff, “[f]rom the first time a Facebook user logs into Facebook and the… tracking cookie is set on his machine, all of that user’s browsing to Facebook partner sites using that browser is linked by Facebook back to that user.”

  The complaints — later consolidated in a multidistrict case — alleged violations of multiple federal and state laws, including the Federal Wiretap Act, the Stored Communications Act, the Computer Fraud and Abuse Act, California’s Unfair Competition Law, the California Computer Crime Law, the California Invasion of Privacy Act, and California’s Consumer Legal Remedies Act.

  On the Wiretap Act violations alone, the plaintiffs believed that Facebook could have faced around $15 billion in penalties.

  In the end, while the judge agreed that there was some intrinsic value to the personal information being gathered by Facebook, the plaintiffs had not demonstrated they were deprived of anything by Facebook’s actions.

  “[W]hat Plaintiffs have failed to do is adequately connect this value to a realistic economic harm or loss that is attributable to Facebook’s alleged conduct,” writes the judge in his 19-page dismissal order [PDF]. “In other words, Plaintiffs have not shown… that they personally lost the opportunity to sell their information or that the value of their information was somehow diminished after it was collected by Facebook.”

  Additionally, the judge found plaintiffs’ allegations of violations of the Wiretap Act and the Stored Communications Act to be “deficient.”

  To make a Wiretap Act claim, the plaintiffs would have to allege that Facebook intercepted actual “content” of users’ Internet browsing, but the judge sided with Facebook and agreed that intercepting only the header information of a web page does not constitute content under the law.

  Likewise, while the SCA involves stored electronic data like e-mail messages, the judge found that it does not apply to tracking cookies.

  If the plaintiffs can make actual Wiretap Act and SCA claims, the judge has given them until Nov. 30 to file an amended complaint.

  
• 
  

ribbi

by Chris Morran via Consumerist

uWorld Health Organization Report Links Bacon, Hot Dogs, Other Processed Meats To Cancerr

4 4 4 9

• 
  You might want to put down your daily hot dog snack while you read this one: a new report from the World Health Organization says bacon, ham and other sausages are a major cause of cancer, putting processed meats in the same category as carcinogens like tobacco, arsenic, asbestos and alcohol.

  There’s enough evidence to rank processed meats as group 1 carcinogens because of their link with bowel cancer, the WHO’s International Agency for Research on Cancer said in a report published Monday in Lancet Oncology. Researchers concluded that each 1.8-ounce portion of processed meat eaten daily increased the risk of colorectal cancer by 18%.

  “For an individual, the risk of developing colorectal cancer because of their consumption of processed meat remains small, but this risk increases with the amount of meat consumed,” said Dr. Kurt Straif, head of the IARC monographs program. “In view of the large number of people who consume processed meat, the global impact on cancer incidence is of public health importance.”

  Red meat landed in group 2A — “probably carcinogenic to humans” — and is linked to pancreatic and prostate cancer, the IARC found.

  The report is the result of work by 22 scientists who were invited to the IARC to investigate the connection between more than 16 types of cancer and eating read meat and processed meats. In early October, the scientific panel studied more than 800 epidemiological studies from the U.S., Europe, Japan, Australia and elsewhere, involving multiple ethnicities and global diets.

  The report likely isn’t a big shock to the cancer research community: recently, other studies and health policy groups have linked meat consumption with cancer, but not in such an explicit manner. For example, the American Cancer Society’s position as of this morning:

  “Because of a wealth of studies linking colon cancer to diets high in red meats (beef, lamb, or liver) and processed meats (hot dogs, bologna, etc.), the Society encourages people to eat more vegetables and fish and less red and processed meats,” the group says.

  The position is also in line with other health agencies like the World Cancer Research Fund, which has said there is convincing evidence that processed meats cause bowel cancer, and has advised people to eat more vegetables and less ham, bacon and salami, as well as red meat.

  But while the IARC’s declaration will be welcomed by cancer researchers but isn’t being greeting so warmly by the processed meat industry and its scientists. Cigarettes and meat are not the same, they say.

  “What we do know is that avoiding red meat in the diet is not a protective strategy against cancer,” Robert Pickard, a member of the Meat Advisory Panel and emeritus professor of neurobiology at Cardiff University told The Guardian. “The top priorities for cancer prevention remain smoking cessation, maintenance of normal body weight and avoidance of high alcohol intakes.”

  The beef industry has been working on its rebuttal for months, according to The Washington Post:

  “We simply don’t think the evidence support any causal link between any red meat and any type of cancer,” Shalene McNeill, executive director of human nutrition at the National Cattlemen’s Beef Association, told Post.

  The North American Meat Institute is casting a side-eye at the report as well, saying that defining red meat as a cancer hazard goes against common sense.

  “Red and processed meat are among 940 agents reviewed by the IARC and found to pose some level of theoretical ‘hazard,’ ” Betsy Booren, the institute’s vice-president of scientific affairs told The Guardian. “Only one substance, a chemical in yoga pants, has been declared by the IARC not to cause cancer.”

  The big question here you’re asking yourself is, of course: Do I need to stop eating hot dogs and bacon? Not completely, but you shouldn’t go overboard, either, Professor Tim Key, Cancer Research UK’s epidemiologist at the University of Oxford told The Guardian.

  “Cancer Research UK supports IARC’s decision that there’s strong enough evidence to classify processed meat as a cause of cancer, and red meat as a probable cause of cancer.” However, he adds, “this decision doesn’t mean you need to stop eating any red and processed meat. But if you eat lots of it you may want to think about cutting down. You could try having fish for your dinner rather than sausages, or choosing to have a bean salad for lunch over a BLT.”

  Physician & NRDC Senior Health Officer David Wallinga weighed in on the decision’s significance, noting that while Big Meat isn’t too happy right now, that doesn’t represent the entire industry. He points to moves from Panera, Chipotle and Subway to source meat free from antibiotics as examples of businesses turning away from conventionally-raised meat. Eating more sustainably-produced meat is not only healthier for animals but for humans too, Wallinga says.

  “And because meat products can be some of the most resource intensive to produce, eating less — and more sustainably raised — meat can reduce the impact of the conventional meat industry on our land, water, air and climate,” he says. “Bottom line: Eat less and better meat. Better for you, better for the planet.”

  Carcinogenicity of consumption of red and processed meat [Lancet Oncology]
  Processed meats rank alongside smoking as cancer causes – WHO [The Guardian]

  
• 
  

ribbi

by Mary Beth Quirk via Consumerist

uBridgestone Buys Pep Boys Auto Service Retail Operations For $835Mr

4 4 4 9

• 

  Have we seen the last of Moe, Manny, and Jack – you know, the faces of the Pep Boys auto parts brand? It’s possible as the retail chain has agreed to be acquired by tire giant Bridgestone for $835 million. 

  Bridgestone announced today that it will add the 800 Pep Boys retail locations to the 2,200 tire and car service centers it already operates in the U.S.

  “Bridgestone and Pep Boys are two leading companies that share a proud heritage in the American automotive services industry,” Gary Garfield, CEO and President of Bridgestone Americas, said in a statement.

  The purchase of Philadelphia-based Pep Boys, which was founded in 1921, adds roughly 7,500 service bays in 35 states to the Bridgestone line-up. Bridgestone currently operates retail locations under the Firestone Complete Auto Care, Tires Plus, Hibdon Tires Plus and Wheel Works brand banners.

  The deal is expected to close next year, pending approval from Pep Boys shareholders and regulators.

  “We are excited to join the Bridgestone family of companies to become part of the world’s largest company-owned tire and automotive service retail network,” Scott P. Sider, the Pep Boys CEO, said in a statement.

  
• 
  

ribbi

by Ashlee Kieler via Consumerist

uCiti Testing Screenless, Cardless ATMsr

4 4 4 9

• The next generation of ATM may be nothing more than a slot in the wall that spits out money. No screen, no swiping your card, no having to pull your sleeve down over your fingers because the person in front of you sneezed all over the buttons.

  ATM manufacturing biggie Diebold announced today that Citi has begun testing the company’s new “Irving” model of cash-dispensing computer that eschews most of what consumers have come to expect about the ATM experience.

  Rather than deal with the sometimes touchy touchscreens and buttons of traditional ATMs, these new machines use a customer’s smartphone as the screen, allowing them to pre-schedule pickups of cash in the hope that it will streamline the process when the customer arrives at the ATM.

  And rather than rely on PINs for verifying transactions, the Irving would use a variety of newer tech: first identifying the user through the near field communication (NFC) chip in their phone when they approach the ATM, then confirming identity through other options, including scanning the customer’s eyes.

  Diebold, which is showing off the Irving at a trade show in Las Vegas this week, says it’s gotten the cash-dispensing process down to fewer than 10 seconds. The machines should also take up about one-third less space than current ATMs, allowing banks to install more of them without having to give up additional footprint.

  Even if Citi does eventually go wide with the Irving — apparently named after author Washington Irving, who created the character of the headless horseman — it could still be years before this type of technology becomes the standard.

  A number of banks have been developing cardless ATM for years, and some — like BMO Harris — have been doing actual field-testing of new machines. But so far no one has done a large-scale rollout of cardless machines, let alone screenless ones.

  
• 
  

ribbi

by Chris Morran via Consumerist

uWhole Foods Recalls Prepackaged Chicken Salad, Pasta Salad Over Possible Listeria Contaminationr

4 4 4 9

• 

  If your lunch today consists of that premade sandwich, wrap or pasta salad you grabbed from Whole Foods Market last week, you might want to come up with a backup plan: the health food chain recalled several of its deli products over a possible listeria contamination. 

  Whole Foods announced over the weekend that it would recall approximately 234 pounds of curry chicken salad products, sandwiches and deli pasta salad that may contain Listeria monocytogenes, according to a notice from the U.S. Department of Agriculture.

  The salads were produced on Oct. 16 and sold prepackaged, in salad bars, in store’s chef cases and in sandwiches and wraps prepared at stores in Maine, New Hampshire, Connecticut, Massachusetts, New Jersey, New York, and Rhode Island. The products were sold between Oct. 18 and Oct. 22 and have a sale by date of Oct. 23.

  

  The possible contamination was discovered when the USDA’s Food Safety and Inspection Service was notified of sample testing results performed by the Massachusetts Department of Public Health.

  So far there have been no confirmed reports of adverse reactions due to consumption of the salad.

  Consumers who have purchased this product from Whole Foods should discard it and bring their receipt to the store for a full refund, the company says.

  Consumption of food adulterated by L. monocytogenes can cause listeriosis, a serious infection that primarily affects older adults, persons with weakened immune systems, and pregnant women and their newborns.

  Listeriosis can cause fever, muscle aches, headache, stiff neck, confusion, loss of balance and convulsions sometimes preceded by diarrhea or other gastrointestinal symptoms.

  
• 
  

ribbi

by Ashlee Kieler via Consumerist

uUnited Airlines Apologizes To Disabled Passenger Who Crawled Off Flightr

4 4 4 9

• 
  United Airlines has issued an apology to a disabled passenger who ended up crawling off the plane after he was told he’d have to wait another 15 to 20 minutes for a wheelchair, on top of the 15 minutes he waited for the other passengers to deplane and 15 minutes he’d already spent expecting his wheels.

  The passenger has cerebral palsy, and was on a flight from San Francisco to Washington last week after attending a meeting with another transportation company, Uber, about disabled accessibility policies, reports MyFox8.com.

  After he’d already been kept in his seat for a half an hour upon landing, he was told it’d be another 15 to 20 minutes while the staff brought an aisle chair — a narrow wheelchair used specifically to take disabled passengers down a plane aisle — and by now, he needed to use the restroom. His disability makes it too difficult to use the lavatory on the plane.

  “I was trying to get them to understand that this is why I don’t want to wait another 15 to 20 minutes,” he said.

  But after being told repeatedly to wait, he said he couldn’t do it any longer. So he got out of his seat and crawled up the aisle and to the gangway, where a wheelchair was ready and waiting.

  “I expected them to ask to assist me, but they just stared,” he said of the United Airlines staff watching.

  After the incident, he says he simply went home.

  “I didn’t contact United at all, because I honestly didn’t believe they cared,” he said.

  As it turns out, one of the flight attendants didn’t feel right about the situation and reported it to the company. A United representative called the passenger the day after to apologize.

  “As customers began to exit the aircraft, we made a mistake and told the agent with the aisle chair that it was no longer needed, and it was removed from the area,” the airline said in a statement. “When we realized our error — that [the passenger] was onboard and needed the aisle chair — we arranged to have it brought back, but it arrived too late.”

  The apology was well-received — the passenger said this is happened a few times before with various airlines and this is the first time a company had bothered to apologize. The United rep who called him said the manager on duty that day was suspended, and offered the passenger $300 in compensation, which he accepted.

  “I just hope they learn from this,” he says.

  United says the passenger’s experience “doesn’t reflect the level of service we provide to customers with disabilities each day.”

  “Our employees — particularly our flight attendants and airport staff — are happy to arrange additional assistance for customers with disabilities on the day of travel,” the airline says.

  United Airlines apologizes after disabled man crawls off flight [MyFox8.com]

  
• 
  

ribbi

by Mary Beth Quirk via Consumerist

uUber, New Jersey Town Partner To Offer Residents Free Rides After A Night On The Townr

4 4 4 9

• Since its launch, Uber has had a somewhat contentious relationship with cities and municipalities over the legality of its services. But in an interesting turn of events, the ride-hailing app is actually partnering with one town, offering free rides for citizens that may have had a few too many adult beverages. 

  Uber has teamed up with Evesham Township, NJ, to offer residents free rides home in hopes they won’t get behind the wheel after visiting one of the city’s many local watering holes, cutting down on the number of drunken driving cases, Reuters reports.

  Under the partnership, which is funded through donations, Uber will provide free rides to anyone drinking between 9 p.m. and 2 a.m. in at least 19 alcohol-serving establishments within the city.

  “We’re dealing with people who might’ve had too much to drink, so we needed to make it so easy for them to open their iPhone and push a button,” Evesham Mayor Randy Brown tells Reuters.

  A spokesperson with Uber says the partnership was initiated through Mothers Against Drunk Driving, and that it is working with other towns to create similar programs.

  The town, currently on pace to have more than 250 DUIs in 2015, has also started another free ride option through mobile app BeMyDD, which allows people to hire a driver get them and their car home.

  Both partnerships run through Jan. 2.

  New Jersey town first in U.S. to use Uber to curb drunken driving [Reuters]

  
• 
  

ribbi

by Ashlee Kieler via Consumerist