пятница, 24 апреля 2015 г.

uHow A 90-Minute Presentation Turned Into A 2-Year Timeshare Nightmarer


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  • Not even once. (Misfit Photographer)

    Not even once. (Misfit Photographer)

    Most Consumerist readers consider themselves savvy and resistant to marketing messages and sales pitches. Even then, be cautious when accepting free stuff or cash in exchange for sitting through a time-share presentation. One couple received such an offer while shopping in Puerto Vallarta, Mexico. They say that they were offered $450 to attend a 90-minute presentation, and after 8 hours of sales pitches signed up for a timeshare that they didn’t want.

    How does that happen? CBS Sacramento investigated what’s been going on at this resort, and found plenty of people who claim that they were plied with alcohol on an empty stomach during the course of the sales pitch. Some claim to have been drugged. A former employee explained that this was a common practice: they would bring in a nice glass of wine or a cold can of beer after prospects had been sitting there for hours with nothing to drink. “After four hours of not drinking, not eating, half a beer you start to feel buzzed,” he explained to CBS Sacramento.

    The couple say that the salespeople opened up new credit cards for them, charging the down payment and closing costs for their condo to the new accounts. They sought assistance from Mexico’s consumer protection agency, and were able to hand them a cancellation letter within the five-day period that timeshare buyers have to change their minds. They returned home to collection calls. That was back in 2013, and the cancellation was never fully canceled. They did get their refund, but only after a reporter and camera crew flew down to Mexico and intervened on their behalf two years later.

    One thing to keep in mind if you do decide to buy a time-share is that there’s a cooling-off period. The salespeople won’t push this idea on you, of course, but that’s the case in Mexico and when you buy any kind of timeshare here in the United States, too. If you go home to sleep on it and change your mind, you are able to back out of the transaction.

    Call Kurtis Investigates: Mexican Timeshare Nightmare



ribbi
  • by Laura Northrup
  • via Consumerist


uShowtime May Soon Announce Standalone Streaming Servicer


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  • happyishBack in Nov. 2014, CBS CEO Les Moonves said that his company’s Showtime network would “fairly definitively” launch some sort of standalone streaming service in 2015. Since then, there hasn’t really been much news about it. But since HBO has launched HBO Now without the world coming to an end, it looks like it might be time for CBS to unveil that service.

    The Street reports that CBS may announce a standalone Showtime product when the media giant announces its next earnings report in early May.

    The network is reportedly talking to possible distribution partners to sell the service directly to consumers.

    It could go with Apple, who currently has a near-exclusive with HBO for HBO Now (the only other seller for the service is Cablevision, which is limited to customers with its Optimum broadband service).

    Showtime could also go with Dish or Sony, both of which recently launched their own live-TV streaming services.

    Dish’s Sling already sells something similar to HBO Now, but it’s different in two important ways. First, unlike HBO Now, HBO on Sling offers both live and on-demand access to the network; HBO Now is solely on-demand in its current form. Second, in order to get HBO from Sling, you need to also have the Sling $20/month base package. HBO Now is a true standalone service in that you only need an Internet connection.

    Adding Showtime as a premium stream on Sling might make better sense than Sony’s PlayStation Vue, which is currently only available in three markets — New York City, Philadelphia, and Chicago. However, Vue does carry some CBS-owned channels, while Dish and CBS have had some very public feuds; though that tense relationship appeared more at ease after the two companies’ last contract renewal.

    Interestingly, Showtime’s current on-demand app, Showtime Anytime, offers users the ability to stream the network live to your mobile devices. If the network ports that functionality over to a standalone service, that might make it even more appealing.

    CBS would likely try to sell Showtime at the same $15/month price point as HBO Now, though the show doesn’t currently have any single piece of original content that compares to HBO’s Game of Thrones juggernaut.

    As you can see from the below screengrab, CBS recently applied for a trademark on “Showtime 3,” for a product described as “Broadcasting services, namely transmitting and streaming digital audio, video, graphics, text and data, rendered through the media of telelvision, cable, satellite, radio, telephone and broadband systems, and via the internet, portable and wireless communications devices.”

    showtime3

    This could just be another channel that Showtime is adding to its lineup of sub-networks. There is already a Showtime 2, but the network has eschewed numbers in subsequent offerings, choosing instead things like Showtime Beyond, Showtime Extreme, Showtime Family Zone, Showtime Next, and Showtime Women.



ribbi
  • by Chris Morran
  • via Consumerist


uComcast Can’t Buy TWC, But There Are Plenty Of Other Companies They Can Spend $45B Onr


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  • Comcast’s dream of achieving full coast-to-coast cable dominance this year came to an official end this morning when they had to admit the Time Warner Cable merger was just not going to happen. But Comcast is a huge business, with impatient shareholders. They need to continue proving growth, which means buying other businesses to make theirs bigger. TWC might not be on the table anymore, but something, somewhere has to be.

    So with $45 billion just burning a hole in their pocket, what can Comcast spend it on? Here are some strategies they might try.

    Go Wireless
    Comcast was wrong when they claimed mobile data was real competition for cable — but they were on the right track. The wireless sector is growing, the tech is improving, and mobile looks in basically every way to be the wave of the future. There are reasons that AT&T and DirecTV want to merge: bringing wireless service in-house with pay-TV and broadband service looks like a really good bet for the next decade or two of the 21st century.

    AT&T and Verizon are complete non-starters for a merger (aside from the huge competition issues, both companies are worth billions more than Comcast is), but Sprint or T-Mobile could be on the table. Sprint’s parent company isn’t necessarily looking to sell right now, but T-Mobile’s has been trying to find a buyer for months. And at a cool $28 billion market cap, T-Mo would be a steal for Comcast.

    Since wireless is the one pie Comcast doesn’t currently seem to have a thumb in, that could go better for them than the TWC proposal did. Though they’d still be in the awkward position of arguing that all that wireless competition they claimed existed when they wanted to buy TWC suddenly doesn’t actually compete with cable internet after all.

    Streaming Video
    Comcast already owns anything in the NBC Universal family, and with that came a 33% stake in Hulu. But even though Hulu keeps chugging along, it’s not the big name in the streaming business. The elephant in that room is clearly Netflix.

    Right now, Netflix is valued at just shy of $34 billion. Comcast has the money… if they could make the case.

    Analysts have suggested that Comcast might actually try for it. That would make them hugely competitive in the streaming space, as traditional pay-TV subscriptions decline — but it would have to come with an utterly enormous pile of stipulations to make it through the FCC.

    Comcast repeatedly pointed to Netflix (along with Amazon and Facebook) as competition in their regulatory filings for the failed TWC transaction. And it is, in many senses. They’d have to lay out one heck of a compelling case to explain why they were wrong in that transaction in order for a Netflix buyout to pass muster as not being anticompetitive.

    Digital Media
    Comcast already owns a major broadcast TV network, several cable networks, and a movie studio, thanks to their 2011 acquisition of NBCUniversal. But if the future of news is online and not on the air, why would they stop there?

    Indeed, sources say that Comcast has been eyeing one of the foremost of the current wave of new media start-up brands: Vox Media, home to SB Nation, Polygon, The Verge and, well, Vox (among others).

    Comcast’s venture capital company is already one of Vox’s investors. And according to Fortune, the two companies were in talks earlier this year that fizzled out. The $300 – $400 million Vox is valued at is basically pocket change in Kabletown. Now that Comcast doesn’t have a mega-merger on its plate this spring, that could free up time and money for them to try again.

    Bandwidth Barons
    During the net neutrality debates, we heard a lot about Comcast being a “last mile” provider, moving traffic from trunk carriers, as it were, over the shorter distances to your house. That’s where all the peering and interconnection disputes came into it.

    Comcast could short-circuit some of their peering agreements (at either end) pretty much forever if they owned the next chain in the link, too.

    Level 3 has a market cap of $19 billion, give or take. Cogent’s about $1.6 billion. Comcast could afford either — if it would be allowed to buy them. The Antitrust Division might have a thing or two to say about Comcast buying out the backbone, which everyone uses, and not just the last mile. That said, other major Tier 1 ISPs already do include AT&T, Verizon, and Sprint so it might not be so farfetched after all.

    International Roaming
    Pay-TV penetration in the U.S. probably peaked in the last couple of years, and is going to be on a gentle downhill slide. But there are 195 other nations in the world and Comcast could acquire TV and possibly broadband operators overseas.

    Highly-regulated European nations are unlikely to welcome a broadband intrusion from America’s perennial Worst Company, but there are plenty of other places in the world where infrastructure can be built out for pennies on the dollar as compared to within the U.S. If Comcast bought a local provider elsewhere, and targeted the right place, they could theoretically have an in to as captive a broadband-craving audience as they do here.

    Smaller Cable Companies
    Comcast got to be Comcast because of consolidation. Cable companies used to be hyper-local, serving just a few municipalities or counties. Then small companies started merging, and kept merging, until they became very large companies — which still snapped up tiny ones.

    Regulators rightly decided that merging the #1 and #2 cable operators was a bridge too far, but they might be less hostile to Comcast buying small, regional or local providers. Adding 12,000 subscribers here and there doesn’t have quite the same level of national impact that adding 12 million would have.

    Targets in the top ten might not pass muster with the FCC, but Comcast could target companies in the next rung down, like WOW or Cable One. The companies are privately-owned so it’s hard to know exactly what they’re valued at, but either (or even both together) would be a fraction of the cost of acquiring TWC.

    And if that doesn’t work…
    $45 billion is just about enough money to buy 7 billion burritos. If all else fails, Comcast could buy everyone on Earth a nice, hearty lunch. That, at least, might win them some goodwill.



ribbi
  • by Kate Cox
  • via Consumerist


uHealth Officials Issue Warning Over Uptick In Hospitalizations Linked To Synthetic Marijuanar


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  • One of the biggest dangers involved with using so-called designer drugs? One tweak to one chemical and something that’s illegal and potentially unsafe could slip past regulators and into the hands of consumers. Such is the case for a form of synthetic marijuana known as “spice,” that’s been linked to an uptick in illnesses and hospitalizations that has health officials and experts around the country worried.

    Public health officials and poison-control experts from New York to Colorado are sounding the alarm over spice, which could encompass any number of kinds of synthetic marijuana currently on the market.

    According to a report by USA Today, just last week poison centers around the country received 1,900 calls from people looking for help after having a bad experience with these drugs, which is four times the number of calls made last year at the same time.

    New York’s Gov. Andrew Cuomo issued a health alert earlier this month after emergency departments in that state reported more than 160 patients coming in during a nine-day period linked to synthetic cannabinoids, while Alabama had 137 emergency department visits in 18 days related to the drugs. Those are just a few examples, with other states also reporting dramatic increases in illnesses linked to spice.

    If you’re unfamiliar with these designer drugs, spice packets are often sold at gas stations and the like, labeled as potpourri or incense and warning that they’re “not for human consumption.” Smoking the contents of the packets — often leaves sprayed with synthetic drugs can lead to a high that’s supposed to mimic marijuana.

    Because of that link to marijuana, people often think spice is safe, one doctor tells USA Today, though symptoms he’s treated include one batch that indicated it had been laced with PCP. Overdose symptoms can include kidney failure, rapid heartbeat, agitation, and hallucinations.

    “It’s really the kitchen sink. It’s really like playing Russian roulette,” he said.

    Federal regulators have tried to get a handle on the situation, banning 26 different types of the synthetic drugs… but all it takes is one molecule and the drug can change, making it harder to ban. To that end: In 2009, when spice started to become popular, federal officials counted two kinds of synthetic cannabis. In 2012, there were 51 different types.

    Hospitalizations from synthetic pot spike, officials say [USA Today]



ribbi
  • by Mary Beth Quirk
  • via Consumerist


uDeVry Closing 14 Campuses, Moving Students Onliner


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  • DeVry is shuttering 14 campuses in 11 states, and moving those students online.

    DeVry is shuttering 14 campuses in 11 states, and moving those students online.

    Amid lawsuits, scandals, shutdowns — not to mention the many former students who say they racked up huge student loan bills without getting an adequate education — enrollment at for-profit colleges in the U.S. continues to shrink. And students at 14 DeVry campuses in 11 cities will soon have to take their education online with the educator moving those schools online in an effort to save money.

    DeVry Education Group has unveiled its latest quarterly earnings [PDF], and things have been better for the for-profit college operator.

    New undergraduate enrollment in March at DeVry University was down 17.2%, with overall undergraduate enrollment down 15% over last year, a total drop of more than 6,000 students.

    The company’s Keller Graduate School of Management also saw a drop (-9.5%) in enrollment over the same term in 2014.

    Likewise, DeVry-owned Carrington College saw modest declines in enrollment, with 2.7% fewer new students and a 1.5% decrease in overall enrollment.

    Interestingly, DeVry is seeing a boom in student growth in Brazil, where its DeVry Brasil operations grew by 78% over last year, from 33,000 students to nearly 59,000. DeVry Brasil now represents the largest single chunk of DeVry’s 144,000 students among all its schools.

    As part of the its turnaround plan, the company is shuttering more than a dozen physical locations across the country. Students at these schools will have to take their coursework online, but DeVry hopes the savings in property and staff will offset the declines in enrollment.

    Here are the 14 campuses where DeVry will be shifting students to online-only:
    • Detroit
    Southfield campus

    • Houston
    Houston campus
    Galleria campus

    • Indianapolis
    Indianapolis campus

    •Memphis
    Memphis campus

    •Milwaukee
    Milwaukee campus

    •Minneapolis
    Edina campus

    •Pittsburgh
    Pittsburgh campus

    •Portland (OR)
    Portland campus

    •Seattle
    Federal Way campus
    Lynnwood campus

    •St. Louis
    St. Louis campus

    •Tampa
    Tampa Bay campus
    Tampa East campus



ribbi
  • by Chris Morran
  • via Consumerist


uCourt Dismisses Yelp Shareholder Lawsuit Over Bogus Reviews, Inflated Stock Pricesr


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  • yelpadfaqLast summer, some Yelp shareholders filed a class-action lawsuit against the online review site, alleging that Yelp misled them about the quality of user-generated reviews and the process Yelp uses to screen for bogus write-ups. This week, a federal court judge sided with Yelp and dismissed the complaint, saying that a reasonable investor would not believe that every review posted to an open and free online community would be genuine.

    To go back a second, the original complaint [PDF] the shareholders argued that not all reviews on Yelp are “authentic ‘firsthand’ reviews, but instead included fraudulent reviews by reviewers who did not have first-hand experience with the business.”

    The lawsuit also took issue with Yelp’s screening process, which allowed “unreliable reviews to remain prominent while the Company tried to sell services designed to suppress negative reviews or make them go away.”

    The plaintiffs claimed that Yelp actively “engaged in a scheme to deceive the market” by talking up its business prospects and sending out press releases touting its user-generated reviews.

    The company’s stock price was riding high at around $98/share in March 2014, but then took a tumble to around $66 the next month following a report that the Federal Trade Commission had received more than 2,000 complaints about the site. The value of the Yelp shares continued to sink for another month before rebounding. The price hit $80 in Sept. 2014, but has since returned to around $50/share.

    In his order [PDF] dismissing the case, the judge writes that Yelp’s statements about the quality of their reviews “would not have deceived a reasonable investor into believing that all of the reviews hosted on the Yelp website at a given moment in time were authentic and reliable.”

    The judge points out that it’s “widely understood” that Yelp reviews are user-generated and that “A reasonable investor would have understood that Yelp did not guarantee that no user would ever post an inauthentic or unreliable review to Yelp’s website.”

    In spite of multiple anecdotal claims from businesses that Yelp tried to extort them into paying for better reviews or to have bad reviews removed, the judge found that the plaintiff failed to show this was an actual practice of the company.

    And the mere fact that complaints were filed with the FTC doesn’t make them true.

    “The FTC complaints in this case… did not reveal any fraud to the market,” explains the court. “[T]he FTC complaints merely added more voices to the chorus accusing Yelp of manipulating reviews to encourage businesses to advertise. These voices were not sufficiently numerous or corroborative to establish the veracity of the accusations they contained.”

    “This is not to say the events alleged in any of the FTC complaints did not occur,” the judge clarifies. “But a reasonable investor during the class period was aware that some businesses maintained that Yelp tried to coerce businesses into advertising by manipulating reviews. To this day, Yelp continues to deny manipulating reviews in this manner, just as it did during the class period. The FTC complaints do not make liars out of Defendants, because they do not meaningfully alter the ‘total mix’ of information available to the marketplace on the issue of whether Yelp manipulates reviews of businesses in connection with advertising.”

    This may not be the end of the road for this lawsuit, as the court has given the plaintiff 30 days to amend the complaint.

    [via Eater]



ribbi
  • by Chris Morran
  • via Consumerist


uPolice: Thief Spent 15 Minutes Dragging Cooler Full Of Stolen Ice Cream Past Napping Gas Station Clerkr


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  • (via Sun Sentinel)

    (via Sun Sentinel)

    There’s being asleep on the job, and then there’s napping so hard that you apparently don’t notice someone hauling an ice cream cooler past your nose in a 15-minute effort. Police in Florida say a thief managed to drag a cooler filled with Good Humor products out of a gas station store while the clerk snoozed, taking a moment to flip the bird at the security camera.

    Surveillance cameras at the gas station show a man walking up at about 4:09 a.m. and finding the clerk asleep behind the window, reports the Sun Sentinel.

    The suspect opens the cooler like he’s just another customer with a sweet tooth, before eyeing the clerk carefully for a minute, then flashing his middle finger at the store camera as he realizes

    Apparently unable to choose just one treat, he then sets to work for 15 minutes, pushing, pulling and otherwise hauling the cooler out of the store, ever so carefully, as to not wake up the slumbering clerk.

    His efforts were rewarded at about 4:25 a.m., when he managed to get the cooler out and away, ostensibly to somewhere he could get the brain freeze of a lifetime. The The suspect was arrested only a few short hours later and charged with grand theft.

    Thief steals large cooler of ice cream as store clerk sleeps [Sun Sentinel]



ribbi
  • by Mary Beth Quirk
  • via Consumerist