uKohl’s Math Means Percentages Don’t Make Any Senser

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• In retail, Target Math is when one of two things happen: an item on sale isn’t actually marked down (sometimes it becomes more expensive) or an item becomes more expensive when you buy it in greater quantities. Maybe we need to start tracking a new variant called Kohl’s Math, where percentage-off signs don’t actually reflect the “sale” price that they’re supposed to.

  Kohl’s, after all, is a store where merchandise is perpetually on sale, and percentages are essential to its business model. A few years ago, a reader wrote in, horrified at a sign informing customers that a sale taking 65% off, then 25% off, since this did not mean that the merchandise was now 85% off.

  

  Reader Matt noticed this sign at Kohl’s, which advertises 50% off a shirt that originally cost $44, making it $19.99. No, that’s not how percentages work unless you’re rounding down to the closest $10, which isn’t a thing that any retailer does.

  Shoppers have accused Kohl’s of posting prices that don’t reflect reality in other, less consumer-friendly ways: customers in California sued the retailer, accusing it of posting “original prices” that no one had ever paid on their merchandise, giving customers a false impression of how much money they saved. Wouldn’t saving 54.5% be better than saving 50%?

  
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by Laura Northrup via Consumerist

uBar Replies To Customer’s New Year’s Eve Complaint Of Being Ignored While Fellow Patron Has Heart Attackr

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• Often when we hear about a business’ response to a customer complaint spreading furiously on social media, it’s because people are shocked by the company’s response or because someone who works there was perhaps inappropriate in their reply. But when the manager of an Indianapolis bar replied on Facebook to a patron who slammed the establishment for ignoring her party’s questions about the bill to deal with an “overdosed junkie” — in reality, an elderly woman who had a heart attack — the Internet seemed quite pleased.

  Kilroy’s Bar and Grill Downtown has been in the social media spotlight after an angry customer posted a review on Facebook after New Year’s Eve, reports The Indianapolis Star. The women said that she won’t go back “after the way we were treated when we spent $700+ and having our meal ruined by watching a dead person being wheeled out from an overdose,” according to screenshots of the post, which has since been taken down, along with the woman’s Facebook profile.

  She wrote that her group was attempting to talk to manager to clear up their bill, and that the worker screamed and walked away, telling them that “someone dying was was more important then us being there making us feel like your business didn’t matter.”

  “But I guess allowing a Junkie in the building to overdose on your property is more important that paying customers who are spending a lot of money!!” the patron wrote.

  

  Kilroy’s managing partner replied in a post that again, has now been taken down, to address her complaints.

  “The ‘overdosing junkie’ that you speak of was a 70+ year old woman who had a heart attack. Thankfully she was finally revived at the hospital and survived. It sounds like you were very concerned about her so I thought you should know,” he wrote, adding, “But I can completely understand why you think being intoxicated jerks who didn’t understand your bill should take priority over a human life.”

  He added that the party’s server doesn’t curse, thanking them for making her cry on such a busy night.

  “I’m sure she really enjoyed working on New Year’s Eve just to deal with people such as yourself,” Burton added.

  As for the customer’s pledge never to return, he’s cool with that.

  “But honestly, I’m glad to hear you won’t be coming back to Kilroy’s because we wouldn’t want anyone as cold hearted and nasty as you returning,” he wrote.

  The bar’s page has received an outpouring of support from around the world for how the manager handled the complaint, though it’s asked people not to send mean messages to anyone who may have the same name as the complainer. Kilroy’s has also set up a crowdfunding page for the heart attack victim’s medical bills.

  “The lady survived but has a long way to go. Let’s help them out!” Kilroy’s wrote.

  Kilroy’s goes viral after response to angry customer [Indy Star]

  
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by Mary Beth Quirk via Consumerist

uU.S. Files Civil Lawsuit Against Volkswagen Over Emissions Scandalr

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• 

  It may be a new year, but that doesn’t mean Volkswagen can wash its hands of the ongoing diesel emissions scandal affecting 11 million vehicles. Today, the U.S. Dept. of Justice filed a civil lawsuit against the carmaker over its use of “defeat devices” to cheat on emissions tests.

  The complaint [PDF], filed today in a federal court in Michigan, alleges violations of the Clean Air Act for the approximately 500,000 VW “clean diesel” vehicles sold in the U.S. The carmaker could face upwards of billions of dollars in penalties if found liable.

  “The United States will pursue all appropriate remedies against Volkswagen to redress the violations of our nation’s clean air laws,” Assistant Attorney General John Cruden, head of the departments environment and natural resources division, said.

  The Dept. of Justice, which was rumored to be considering filing a criminal complaint against the company in September, can still pursue criminal charges against VW, a DOJ official tells Reuters.

  In September, the Environmental Protection Agency, along with the California Air Resources Board, issued a notice of compliance to VW after determining that nearly 500,000 diesel 4-cylinder model year 2009 to 2015 Volkswagen and Audi vehicles contained a “sophisticated software algorithm,” programmed to detect when the car is undergoing official emissions testing, and to only turn on full emissions control systems – the temperature conditioning mode – during that testing.

  However, the effectiveness of these vehicles’ pollution emissions control devices is greatly reduced during all normal driving situations.

  “This results in cars that meet emissions standards in the laboratory or testing station, but during normal operation, emit nitrogen oxides, or NOx, at up to 40 times the standard,” the notice states.

  Under the Clean Air Act, vehicle manufacturers are required to certify to the EPA that their products will meet applicable federal emission standards to control air pollution, and every vehicle sold in the U.S. must be covered by an EPA-issued certificate of conformity.

  Motor vehicles – such as the Volkswagen models in question – equipped with defeat devices, which reduce the effectiveness of the emission control system during normal driving conditions, cannot be certified.

  Days later, VW admitted that nearly 11 million vehicles contained the devices worldwide, and issued a stop sale on the affected cars.

  From there things have only gotten worse for VW. Consumers and other groups have filed lawsuit against the company, and investigators have found additional defeat devices on other VW, Audi, and Porsche models.

  U.S. files civil suit against Volkswagen for environment violations [Reuters]

  
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by Ashlee Kieler via Consumerist

uWarner Bros. Trying To Block Devices That Get Around 4K Video Copyright Protectionr

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• 

  A week ago, Warner Bros. home video folks announced they would be catering to the growing number of 4K TV owners by releasing 35 recent titles — including Mad Max: Fury Road and The LEGO Movie — on ultra-HD BluRay discs. Two days later, the entertainment giant was in court, suing to stop a company from selling devices that would let users get around the digital copyright protections on these, and other, 4K titles.

  For more than a decade, many content companies have been using technology known as High-bandwidth Digital Content Protection (HDCP), developed and managed by an Intel subsidiary called Digital Content Protection. It’s become the industry standard, with most major studios requiring that manufacturers are HDCP compliant.

  HDCP is intended to prevent wannabe content pirates from making perfect digital copies of protected video and audio files. So if you run an HDMI cable from a 4K BluRay player to some device that isn’t HDCP compatible, it shouldn’t play. We saw this a few years back with some people whose older TVs were unable to watch HBO because they either weren’t HDCP compliant or their version of the tech was out of date.

  The latest version of HDCP (v 2.2) includes encryption for 4K video, and it had been relatively successful in preventing pirated 4K movies and TV shows from hitting file-sharing sites, until recently, when a number of ultra-HD titles stolen from Netflix and Amazon streams began appearing online.

  Last week, both Warner Bros. and Intel’s Digital Content Protection (DCP) filed a lawsuit [PDF] against China-based LegendSky, the makers of a line of products called HDFury, which claim to allow users to get around HDCP 2.2.

  Warner Bros. says this circumventing of HDCP enables users to “access copyrighted works, make and/or distribute copies of copyrighted works, create derivative works of copyrighted works, or publicly perform copyrighted works, all without the permission of the copyright owner.”

  Meanwhile, DCP, which licenses the HDCP technology to some 550 different manufacturers, stands to lose business with the availability of devices that render HDCP meaningless.

  Moreover, the complaint contends that HDFury devices could have a chilling effect on the entire 4K/UHD market.

  “Digital Content owners will be discouraged from creating and distributing UHD content, Digital Device makers will be discouraged from manufacturing and selling devices that display UHD content, and consumers will be deprived of the benefits of UHD,” argue the plaintiffs.

  The Digital Millennium Copyright Act (DMCA) includes provisions that effectively outlaws all but a small handful of reasons for circumventing copyright protections.

  The lawsuit points to a note on the HDFury website where company seems to acknowledge that its products can be used to violate the law.

  “To the letter of the law (the DMCA that is), a black box that removes the HDCP encryption to allow you to use a monitor that does not support HDCP is illegal,” read a statement on the company’s site, per the complaint.

  “LegendSky knew or should have known the purpose and use of the HDFury Devices it offered to the public,” say the plaintiffs, who contend that LegendSky willfully sold illegal HDCP “strippers” for the company’s “own commercial advantage or financial gain.”

  The plaintiff companies say they have sent cease-and-desist demands to LegendSky, but to no avail. They are now asking for the court to issue an injunction that would prevent the company from “importing, manufacturing, offering to the public, providing, using, or otherwise trafficking in” HDCP-circumventing devices.

  [via TorrentFreak]

  
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by Chris Morran via Consumerist

uUnited Airlines Creates “Essentials,” “Enhanced” Bundles For Extra Legroom, Checked Bagsr

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• 

  In a day and age when it seems as if you can bundle just about anything from cable, Internet, and phone service to those little extras you’re charged during a hotel stay. So it makes sense that airlines would also offer the same options for customers looking for extra legroom or an additional checked bag. 

  USA Today reports that United Airlines is joining the growing number of carriers that give travelers the option to purchase a bundled perks package for their next trip.

  The airline will start by offering two bundled perks packages — “Economy Plus Essentials” and “Economy Plus Enhanced” — in order to offer customers “more comfort, convenience and relaxation.”

  Customers purchasing the Economy Plus Essentials package will get extra legroom with an Economy Plus seat, plus an additional checked bag.

  The Economy Plus Enhanced package includes everything in the Essentials bundle, with the addition of Premier Access — which includes special check-in lines, access to special security lanes, plus priority boarding and baggage handling — a United Club trip pass, and between 500 and 1,000 extra award miles depending on their trip.

  While United didn’t provide specifics on the cost of the new bundles, the company claims customers can save between 20% and 25% by purchasing the bundles rather than buying the extras separately.

  USA Today points out that while the packages might be tempting for some customers, it’s not available for everyone. For example, if you’re traveling as part of a group and booked your tickets together, either everyone has to buy the upgrade or no one can.

  Additionally, some passengers who already have status with United, via Premier Member status, or through United Club subscriptions, already receive several of the perks, meaning they don’t do much good for these travelers.

  United Airlines adds bundled perks packages to Economy Plus [USA Today]

  
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by Ashlee Kieler via Consumerist

uFewer Middle-Class Consumers Means Fewer Midrange Mall Anchorsr

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• 
  Just in time for the holiday shopping season, there was a deeply symbolic changeover at the King of Prussia mall in the suburbs of Philadelphia. What used to be a large Sears department store has assumed its final form: it’s part Dick’s Sporting Goods store and part Primark, a fast fashion retailer out of Ireland. That’s just one mall that demonstrates a trend: the institution of the anchor store is dying out in malls.

  A classic theory about why all but the most elite malls are slowly dying is that solid middle-of-the-road retailers like Sears and JCPenney are disappearing along with the American middle class.

  Yet, as the Philadelphia Inquirer reports, even “A+” rated malls like King of Prussia that take in almost $1,000 per square foot are having anchor trouble. A giant Sears or JCPenney pulls down the whole mall’s income per square foot, which is an important figure used for attracting even more upscale tenants.

  Even the ubiquitous Macy’s is closing stores across the country, potentially leaving the malls where they’re housed to descend into a retail death spiral if no other department stores are interested in taking over the spots. One problem for malls has been mergers: when Federated Department Stores and May Department Stores Company merged back in 2005, it meant that where the same company owned two anchors in the same mall, one had to go.

  If middle-class people are no longer shopping at department stores, where are they buying their clothes and housewares? The success of off-price stores and outlets means that department stores aren’t just sending their out-of-season merchandise there: they’re having special product lines made for their off-price stores. Macy’s got into the off-price biz last year, and so is Lord & Taylor.

  Traditional mall anchors are fading away [Philadelphia Inquirer]

  
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by Laura Northrup via Consumerist

uWendy’s Pledges To Use Only Eggs From Cage-Free Hens By 2020 In North American Locationsr

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• 
  Wendy’s might be a little bit tardy to the cage-free egg party, but it’s showing up now with a plan to get in line with its competitors: the chain says it’ll switch to sourcing 100% cage-free eggs by 2020 in all U.S. and Canadian locations.

  The move will apply to the 400 locations in North America that serve breakfast, Wendy’s says. As part of its animal welfare program, the chain also announced that it’s going to eliminate gestation stalls from its pork supply chain by 2022.

  “Animal welfare is a core part of our company’s role as a responsible corporate citizen,” said Liliana Esposito, Wendy’s Chief Communications Officer. “We’re proud of our commitment to move to 100 percent cage-free eggs for our breakfast items and will continue to incorporate evolving best practices in the areas of animal handling and welfare into our supply chain requirements.”

  Animal rights groups have come out in support of Wendy’s plan, with Mercy For Animals referencing a recent petition from customers pushing for cage-free eggs that garnered 150,000 signatures.

  “Wendy’s has taken a significant step forward in improving the lives of farmed animals. Wendy’s cage-free egg commitment will reduce the suffering of countless hens and hopefully inspire other food companies to do the same,” said Nathan Runkle, president of MFA.

  The Humane Society of the United States also commended Wendy’s for joining the cage-free movement.

  “We appreciate Wendy’s leadership over the years in creating a more humane supply chain. The company’s cage-free eggs announcement further demonstrates its commitment to ensure farm animals have better lives,” said Josh Balk, the Humane Society’s senior food policy director.

  Though Wendy’s is playing a bit of catch-up in announcing its cage-free plans, the move is consistent with what’s been going on across the industry: McDonald’s is moving to using only eggs from cage-free hens sometime in the next 10 years, while Burger King announced in 2012 it’d make that move by 2017. Taco Bell is on the end-of-2016 path, while Panera has a 2020 deadline as well. Subway and Dunkin’ Donuts are on the late end of the restaurant range, with promises to switch to cage-free by 2025.

  As for its plan to eliminate gestation crates, Wendy’s first announced it’d be moving toward getting rid of the stalls in its pork supply chain back in 2014.

  
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by Mary Beth Quirk via Consumerist