пятница, 11 декабря 2015 г.

uNot So Fast, New York: DraftKings Says It’s Still Able To Operate In New York Stater


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  • draftkingsEarlier this morning, a New York Supreme Court judge granted the state’s temporary injunction against DraftKings and FanDuel, blocking the daily fantasy sports (DFS) sites from doing business in the state, pending the outcome of the state’s lawsuit against them. However, DraftKings says it was able to hold off this injunction, allowing the site to remain in operation in the Empire State for the time being.

    According to David Boies, DraftKing’s legal eagle, the site filed a notice of appeal immediately after the injunction was granted. DraftKings also filed an expedited motion to stay the Court’s decision, pending that appeal.

    “This immediate stay was granted, so we will remain fully operational in New York,” says Boies in a statement. “We look forward to a full and fair hearing and are confident we will demonstrate clearly to the Court why we should be able to continue to offer our DFS games in New York permanently.”

    Boies says the company has been talking to state legislators in New York about a potential resolution that would allow DFS sites to continue doing business with New York residents.

    We’ve reached out to the office of New York state Attorney General Eric Schneiderman for comment, but have not yet heard back. We also do not yet know if FanDuel is likewise shielded from the injunction by this stay, or how long the stay might remain in effect.

    If we receive any more information, we will update.



ribbi
  • by Chris Morran
  • via Consumerist


uFamily Suing Burger King After Woman Suffers Seizure While Trapped In Burger King Bathroom, Later Diesr


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  • (Mike Mozart)
    The family of a New York City woman who died after being trapped in a Burger King bathroom is now suing the fast food chain, claiming that her death could’ve been prevented if restaurant employees had had a way to circumvent the door’s lock.

    CBS New York reports that a Queens woman wasn’t feeling so well on Sept. 27 at her local Burger King, so she went to the single-stall restroom and locked the door. Soon after, she suffered a seizure and fell on floor. She couldn’t reach the handle, so her family says she started screaming for help.

    “I pulled the handle,” the woman’s boyfriend told the news station. “The handle broke off in my hand.”

    He says the lock could only be accessed from inside the restroom, and that while he did everything he could to pry the door open from the outside, it didn’t work. Firefighters arrived on the scene and used an axe to smash open the door.

    The woman was taken to the hospital, and later died. Her family says doctors told them she had brain damage from a prolonged lack of oxygen. They believe if they could’ve gotten the door open when she screamed for help, she’d still be alive.

    The family’s attorney filed a wrongful-death lawsuit against Burger King on their behalf on Thursday, claiming that the lock on the door — now replaced — was antiquated.

    “What happens if there’s a fire; if someone’s giving birth — they can’t get to that lock?” he asked. “To me, it’s stupid.”

    However, there’s nothing in NYC’s building code that prohibits locks of the sort the Burger King in question had in place, CBS notes.

    When Consumerist contacted Burger King about the lawsuit, a spokesperson said the company can’t comment.

    “We extend our sincere condolences to the family of [the woman] for their loss. As a matter of policy, the BURGER KING® brand does not comment on any claims involving franchised BURGER KING® restaurants, which are independently owned and operated by BURGER KING® franchisees.”

    Family Sues After Woman Gets Trapped In Queens Burger King Restroom, Dies [CBS New York]



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uL.A. Boutique Kitson Closing All 17 Storesr


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  • Screen Shot 2015-12-11 at 2.43.26 PMOne of L.A.’s most well-known boutique chains — a relic of the “glory days” of reality TV —  is no longer peddling pricey blouses, pants, and accessories to the semi-famous, with Kitson shutting down all 17 of its stores, and its online business.

    The company, which made a name for itself as a retail hot-spot, catering to celebrities like Lindsay Lohan and Paris Hilton in the early aughts, announced Thursday that it would shut all of its doors after 15 years of business, the Los Angeles Times reports.

    Stores in Nevada, California, and Oregon will shutter, while the company’s online business will also call it quits.

    A going-out-of-business sale at both the physical stores and online kicked off on Thursday and will be handled by liquidators Gordon Brothers Group and Hilco Merchant Resources.

    This isn’t the first time the boutique brand has encountered financial issues, the L.A. Times reports that in 2013, the company had to obtain a $15 million line of credit to stay afloat.

    Kitson, boutique for young starlets, is closing all 17 stores [Los Angeles Times]



ribbi
  • by Ashlee Kieler
  • via Consumerist


uApple Reminds Users That Their 2-Year-Old iPhones Are Totally Ancientr


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  • (Ninja M.)
    Sure, when we buy electronics, we acknowledge that they could become obsolete mere minutes after purchase. However, some iPhone fans who are committing acts of consumer endurance by using a mobile device released more than two years ago aren’t pleased with a reminder that Apple added to the App Store that’s nagging them to get a new phone already.

    The ad appears when the user visits Apple’s App Store to download updates to the program on their phones. Users noticed it after a recent operating system update, and it appears to only be affecting users who have 2013’s iPhone 5S or older models.

    Most Americans are used to a 2-year upgrade cycle for their phones, and people in countries without carrier subsidy are on similar cycles, so the promotion makes sense.

    Isn’t the devices’ longevity a selling point, too, though? Boosting sales during the holiday season is rarely ever a bad idea, but this ad came with backlash from users.

    iphone6

    Apple now displays popup ads for their products inside their own apps. [Reddit]



ribbi
  • by Laura Northrup
  • via Consumerist


uMacy’s Makes It Difficult For Me To Give Them Money Because My Last Name Is Slutskyr


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  • (The Caldor Rainbow)
    Meet Leonard Slutsky. He’s a Consumerist reader who had one desire: to give Macy’s money. But Macy’s wouldn’t accept his online order, simply because his last name is Slutsky.

    Last week, Leonard tried to give Macys.com $23.84 for something he wanted to order and pick up later, but he ran into trouble when he entered his last name in the required field for shipping.

    “I’m offended that @Macys thinks my last name is invalid,” Leonard Tweeted recently, including Consumerist in his message.

    leonard

    Though a Macy’s social media rep apologized and asked him to send his email address via direct message, Leonard tells Consumerist that no one followed up with him to explain what had happened.

    Instead, with the system rejecting his surname, Leonard took matters into his own hands and reached out to a live chat rep who completed the order for him.

    “Because of the delay completing the order online, my item was no longer available for pickup in store,” Leonard told Consumerist. “However, upon request, they expedited shipping to my house.”

    Which is great for this one purchase, but that’s not something a person wants to do every time they’re ordering something online. So Leonard tried to contact Macy’s again, but had trouble reaching the company by phone, he says.

    Eventually, a supervisor took a report about his name-related problem, and told him he’d hear back in one to two months, “because of the technical nature of this issue.” Not exactly speedy customer service.

    When we reached out to Macy’s, a company spokesman said it was hard to know what triggered the “invalid” message in this case, suggesting that something about the combination of “t” and “s” in Leonard’s last name made the computer believe it was a typographical error that should be “st.”

    But if that were true, wouldn’t a whole lot of people with last names ending in “tsky” also be barred from ordering things from Macys.com?

    The Macy’s rep told Consumerist that he reached out to his company’s systems people, but that they are “crazy-busy right now” due to the holiday rush, and would let us know if and when he hears back from them.

    When Consumerist asked if the company had a profanity filter that might have flagged the name “Slutsky,” the rep didn’t reply.

    Leonard tells Consumerist that he gets it, these things happen, but beyond some trouble signing up for an email account, he generally doesn’t have any trouble.

    Has your name ever been rejected by a retailer or other online business without any apparent reason? Let us know, email us at tips@consumerist.com with the subject line, “I’M LIKE LEONARD” and tell us your story.



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uKickstarter, Tumblr, Etsy, Others Ask Lawmakers To Not Use Budget To Ruin Net Neutralityr


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  • (Steve)
    While the telecom industry is fighting the bad fight against net neutrality through the legal system — the way such matters are supposed to be handled — some in Congress want to ruin the FCC’s Open Internet Order by using good ol’ fashioned pork-barrel politics, slapping riders that will undercut the pro-consumer regulation onto the omnibus budget bill now being compiled on Capitol Hill.

    This week, a number of high-profile Internet and tech companies — including Kickstarter, Tumblr, Etsy, Vimeo, Twilio, Dwolla, and bandwidth providers like Level 3 and Cogent — sent a letter [PDF] to the leadership of the House and Senate, asking them to refrain from using the budget to kill neutrality.

    The biggest names in online tech — like Facebook, Amazon, Google, Yahoo, Netflix, eBay, and Samsung — signed the letter indirectly through their membership in signees like the Internet Freedom Business Alliance, and Incompas (which you might know by its former name, Comptel).

    These companies have been successful in defeating some anti-neutrality riders that were attached to earlier drafts of the spending bill, including one that would have enforced a “legislative stay” on the Open Internet Order by withholding funding for its implementation until all current court challenges against net neutrality had been decided. Note that it took about four years for the 2010 version of the neutrality rules to eventually be gutted by a federal appeals court. Had the FCC chosen to appeal to the Supreme Court (instead of drafting new rules), that legal dispute would have gone on even longer.

    There are now provisions attached by the House and Senate Committees on Appropriations that would prevent the FCC from regulating rates on broadband — in spite of the fact that the FCC has forborne from the very practices these riders are seeking to prohibit. What the FCC will allow is for consumers to challenge, on a case-by-case basis, allegedly unfair or unreasonable rates.

    The signees of the letters — some of whom would benefit from a lack of rate regulation — point out that they agree with the idea of preventing retail rate­setting, but caution that the “rate regulation riders that passed the committee process are drafted in a broad manner that could create unintended consequences for telecommunications policy by eliminating FCC safeguards for broadband markets, Internet entrepreneurs, app makers, and Internet users alike.”

    The companies say that it’s better for this issue to be resolved within the proper, existing regulatory framework, “rather than in the often chaotic appropriations process.”



ribbi
  • by Chris Morran
  • via Consumerist


uYum CEO Would Rather Pizza Hut Be More Convenient Than Have A Better Productr


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  • (Adam A. Koch)
    Pizza Hut has been fighting for a slice of the marketplace pie with a weapon that’s turning out to be rather ineffective namely, a complete menu revamp that added a bunch of new crusts, drizzles, toppings and doodads to their regular slate of pizzas. That whole idea of trying to compete with a better product is not the way to go, Yum Brands CEO Greg Creeds says. Instead, Pizza Hut should focus on being more convenient than its rivals.

    We sampled 21 of those new menu additions ahead of their release earlier this year, and we weren’t exactly blown away. We weren’t the only ones underwhelmed by the changes: back in April, the country’s largest Pizza Hut franchisee said that the “new ‘Flavors of Now’ positioning did not deliver the sales momentum that we had anticipated.”

    During a presentation for the Yum’s investor day, Creed noted that the days of trying to beat out competition with a better product are gone, and that convenience trumps quality. Going forward, Yum brands, especially Pizza Hut, should now focus on being more like Uber (welcome to 2015, Greg), instead of trying to create a superior product. He’s all about “easy” beats “better.”

    “If you think about the Uber experience, it’s easy to use, it’s easy to pay, it’s very easy to track,” Creed said in a phone interview with the Associated Press.

    Putting convenience first could mean cutting down wait times at the drive-thru, or adding catering, delivery and mobile ordering services. Pizza Hut can benefit a lot from making life easier for customers, Creed says, instead of giving them a better product, because people who prefer the chain’s pizza will only wait about two minutes more for it. However, Pizza Hut takes more than two minutes longer to deliver than its competitors.

    Pizza Hut’s sales fell 3% at established locations last year, which stands in stark comparison to rival Domino’s which, saw in increase of 7.5% in sales last year. Domino’s attributes that achievement to the convenience of its online ordering and mobile app.

    Creed says he put Pizza Hut’s management team get in a room about a month ago to come up with a “clear brand identity,” and told them not to come out again until they did.

    “One of the joys of being the boss, you can lock other people away,” said Creed. Nine hours later, he says Pizza Hut’s chief brand officer Jeff Fox asked for permission to leave the room, after coming up with “easy” beats “better.”

    The plan seems to have begun already, because nothing says “easy” like a dresser full of pizzas.

    Yum CEO says Pizza Hut needs to be more like Uber [Associated Press]



ribbi
  • by Mary Beth Quirk
  • via Consumerist