Twitter May Sell Vine For Cheap Instead Of Closing It Down

A few weeks ago, Twitter upset creators and fans of its six-second looping video service, Vine, by announcing its plans to close down the app. That may not be the case, though: there are reportedly some suitors that want to take Vine off Twitter’s hands for a low price and keep it alive.

TechCrunch reports that the outpouring of sadness and affection for Vine after the announcement drew the attention of some potential buyers.

After the shutdown was announced, the New York Times reported that Vine costs $10 million per month to run, and the rumored sale price for the service is only $10 million, meaning that it wouldn’t actually make money on the deal.

What it could do is keep the brand alive, and maybe keep users cross-posting their fresh Vines to Twitter, embedding them in Tweets, if the new owner kept the links to Twitter active.

One rumored suitor is Japanese messaging company Line, which at least has a conveniently similar name.

A sale could be a liability to Twitter if the new owner does something harmful or offensive with the site, or even if it shuts down the archive and severs the links to users’ favorite video loops.

You know, like this one.

Twitter still might save Vine by selling it [TechCrunch]

by Laura Northrup via Consumerist

McDonald’s Big Mac Getting Both Bigger And Smaller

Even though McDonald’s franchisees have complained about having their corporate overlords force too many limited-time menu items on them, the fast food giant continues to tinker. This time, it’s the company’s signature sandwich, the Big Mac, which is getting both smaller and bigger versions in 2017. 
McDonald’s tested the Mac Jr. and Grand Mac earlier this year at 125 restaurants in central Ohio and in the Dallas/Fort Worth area, and now Thrillist reports that the Golden Arches will take both of them nationwide early next year.

 

The Grand Mac is composed of all the typical Big Mac ingredients, just on a super-sized scale with a third of a pound of beef. That’s compared to the traditional Big Mac, which comes with one fifth pound of beef.

On the other end of the spectrum, the smaller Mac Jr. is simply a Big Mac with just one layer.

Previously, a franchisee in Ohio said the different sized Big Macs came about based on customer feedback.

If the national, limited-time rollout of the new sandwiches goes well, they could become a permanent fixture on the chain’s menu.

McDonald’s Has Two New Big Mac Sizes [Thrillist]

by Ashlee Kieler via Consumerist

Consumer-Facing Companies Blame All Of Their Woes On Election

It’s all your fault. Yes, you, Mr. or Ms. Consumer, because you’re apparently preoccupied with the election instead of out shopping like a proper American should. How do we know this? Executives of publicly-traded companies keep getting on conference calls with analysts and journalists and saying so.

An analysis by Reuters (Warning: auto-play video at that link) shows that 80 executives have specifically mentioned the election during their quarterly earnings calls, usually as an excuse for poor sales. Companies selling everything from furniture to appliances to recreational vehicles are holding back, the executives say.

It’s not just that people don’t want to buy stuff: they don’t want to buy new businesses, either. The CEO of Dunkin’ Donuts blamed the election for slowing growth in new franchisees, noting that the election results will determine the future of workplace regulations and minimum wage and benefits laws. That apparently makes aspiring donut shop owners hesitant to open new outlets.

Not everyone buys this excuse, of course. Reuters compares executives’ use of the election as a reason for poor sales to a child saying that the dog ate their homework. It’s like CEOs have an especially rambunctious new puppy at homes, and are taking advantage of the opportunity.

The election ate their homework? CEOs blame campaign for weakness [Reuters] (Warning: auto-play video)

by Laura Northrup via Consumerist

It’s Obviously Delightful When The “You’ve Got Mail” Guy Is Your Uber Driver

There are few certainties in this world — we live, we die, that’s about it — but one thing is for sure: if the voice behind AOL’s “You’ve got mail!” greeting is your Uber driver, you’re gonna make him recite those famous words so you can post a video of it on the internet.

A Californian woman had settled into an Uber she hailed over the weekend in Shaker Heights, OH, when her driver, Elwood Edwards, informed her that he was kind of a big deal, at least to anyone who had email in the ’90s.

“I completely geek freaked and asked if he would do the video,” she told CNN.

He agreed, and she captured Edwards uttering those famous words, posting the result on Twitter.

“OMG OMG my @Uber driver in Ohio was the You’ve Got Mail voice Elwood Edwards!!! I made him say it in this video,” she wrote.

Edwards’ voice ended up as the email greeting because his wife worked for a company called Quantum Computer Services in the 1980s, CNN explains, which eventually became AOL. She heard the CEO say he wanted a voice to notify people when they received an email, so she told them about her husband the voice actor… and the rest was history, earning him just $200 for the voiceover.

by Mary Beth Quirk via Consumerist

After Hanjin Bankruptcy Crisis, Shippers Seek Out Large, Stable Companies

The sudden bankruptcy of Hanjin Shipping left billions of dollars’ worth of cargo, potentially including all of your holiday gifts, floating on container ships in the ocean in legal limbo. Now the companies that ship cargo don’t want to risk having that happen again.

The bankruptcy of Hanjin, a South Korean company, was the largest collapse of a shipping company during a downturn in the industry that started with the economic meltdown in 2008, and never quite recovered.

“A lot of customers are looking at the more stable shipping lines to contract their cargo with,” the chief executive in charge of Asia Pacific for the shipping part of Maersk, a Danish company, told Reuters.

Industry insiders say that their customers are seeking out large, stable carriers for their valuable cargo. Smaller carriers began merging, including the three largest shipping companies out of Japan. Others have even been showing potential customers information about the health of their finances to prove that bankruptcy isn’t imminent, and their cargo isn’t about to get stranded.

Maersk has a plan, too: take advantage of the situation and buy up smaller carriers that are struggling to stay… “afloat” is the wrong word to use here, isn’t it?

Cargo owners in flight to safety after Hanjin collapse, shipping lines say [Reuters]

by Laura Northrup via Consumerist

Soylent Says It Knows What’s Making Customers Sick; Will Stop Using Algae-Based Flour

Last month, meal-replacement startup Soylent voluntarily stopped selling its new-to-market nutrition bar and long-running powder after receiving reports from customers who became ill after consuming the meal-replacement products. Now, the company says it has pinpointed the cause of the issues: an algae-based ingredient called algal flour. 

Bloomberg reports that Soylent believes that algal flour — unique to the Food Bar and Powder 1.6 — is to blame for customers’ experiences with vomiting, diarrhea, and stomach pain, and it will stop using the ingredient in future batches of the products.

“We are releasing new formulations of our powder mix and meal replacement bars early next year,” Rob Rhinehart, Soylent’s co-founder and chief executive officer, tells Bloomberg. “Our new formulations will no longer contain algal flour.”

Algal flour, according to Bloomberg, is used as a vegan replacement for butter and eggs and is created from algae grown in fermentation plants that is then dried.

The ingredient was purchased by Soylent by TerraVia Holdings Co, which also provides the product to Unilever for use in lotions and soaps.

“Our algal flour has been used in more than 20 million servings of products, and we are aware of very few adverse reactions. In no cases was algal flour identified as the cause,” Mark Brooks, a senior vice president at TerraVia, tells Bloomberg.

Soylent also uses a version of the ingredient — algal oil — in its pre-made drinks, but says it has not received any complaints from customers related to those products.

Issues with Soylent’s products began in mid-October when the company announced it would voluntarily stop selling and advise customers to stop eating its Food Bar after receiving reports of people becoming ill after consuming the product.

The company then said it conducted an “aggressive investigation to uncover why people were having negative experiences after eating Soylent Food Bars.

The investigation included “product testing, an exhaustive industry search, and discussions with many of our suppliers,” the company said in a blog post. “Our tests all came back negative for food pathogens, toxins or outside contamination.”

At that point, the company says it began to shift its focus to whether any one ingredient could be triggering a food intolerance, noting that such an issue would explain why not all customers had become ill after eating the products.

During the review, the company says it noticed that a handful of consumers — less than 0.1%, according to Soylent — who consumed Powder 1.6 over the past several months reported stomach-related symptoms that were consistent with what Bar customers described.

Soylent then announced it would stop the sale of Powder 1.6 — which is designed to be mixed with water and consumed instead of solid food — and advised customers who have shown sensitivity to the product to discard whatever is left.

Despite the move, the company did not reveal at the time what ingredient it believed caused the issues.

Soylent says it will reformulate the Bar and Powder products to remove the common ingredient, with new products expected to be available in early 2017.

Still, Bloomberg notes that any kind of reformulation will take time, as extensive testing will be required before the products are put on the market.

Soylent Thinks It Found What Was Making People Sick: Algae [Bloomberg]

by Ashlee Kieler via Consumerist

Large Green Snake On A Plane Surprises Passengers On Aeromexico Flight

Pardon me a moment, while I pull out the usual Samuel L. Jackson reference out and dust it off: passengers on an Aeromexico flight experienced a real life Snakes On A Plane moment on Sunday after a large green viper slithered from the ceiling to greet his captive audience.

Passengers on the flight from Torreon to Mexico City caught the moment when the snake emerged from behind an overhead baggage compartment and dropped partially into the cabin on video, and of course, posted it to social media. One traveler called the appearance of the “flying snake” a “unique experience”:

La vibora voladora…ja ja ja. Una experiencia única en el Vuelo Torreón-México, vuelo 231 de Aeroméxico. Eso si…Prioridad en aterrizaje. http://pic.twitter.com/qwDk6Wtszw

— Indalecio Medina (@Inda_medina) November 6, 2016

The airline said the flight made a quick landing and the stowaway snake was captured by animal control, CNN reports.

As for how the reptile ended up on the plane in the first place, the airline isn’t quite sure yet.

“The procedures carried out for this flight are currently being evaluated to determine how the animal entered the cabin and measures have been taken to avoid such incidents in the future,” Aeromexico said in a statement to CNN.

by Mary Beth Quirk via Consumerist

Court: Nursing Homes Can Continue Stripping New Residents Of Their Right To Day In Court

In September, the federal Centers for Medicare & Medicaid Services (CMS) issued a new rule that would prevent most nursing homes and other long-term care facilities from using forced arbitration to strip new residents of their right to file lawsuits against these companies. The industry soon fired back by doing the very thing it doesn’t want its customers to do: filing a lawsuit. This morning, the judge in the case granted the industry’s request for a preliminary injunction preventing the new rule from being enforced.

Just to recap: The CMS rule basically says that if a long-term care facility wants to accept Medicare or Medicaid, it will have to stop putting forced arbitration clauses in new residential agreements. Already-signed resident agreements that contain these clauses would not be affected.

Forced arbitration is when both parties have agreed to settle all legal disputes outside of the courtroom and before an arbitrator. The idea is that it’s supposed to faster and less-costly, but it’s not necessarily either of those things.

More problematic is that most arbitration clauses include a ban on class actions — even through arbitration. Thus, when you have a systemic issue affecting multiple residents of a nursing home, each resident would have to go through the arbitration process on their own.

The CMS arbitration rule was slated to go into effect on Nov. 28, but the lawsuit filed by the American Health Care Association (an industry trade group) and others sought a preliminary injunction barring the government from enforcing the rule pending consideration of the merits of the case.

In his order [PDF] granting that preliminary injunction, Judge Michael Mills also raises several questions about the industry’s arguments for forced arbitration.

Mills notes that the industry has stressed the notion that arbitration is fast and efficient, but points out that this argument focuses selectively on just those cases that go to arbitration, without addressing the bigger-picture issues as they relate specifically to nursing home residents and contracts.

“[A]ccording to the National Center for Health Statistics, 50.4% of nursing home residents have been diagnosed with Alzheimer’s or other dementias,” writes the judge. “Arbitration agreements are contracts, and basic contract law requires that the parties to a contract be mentally competent at the time of execution of the agreement… There is no more basic defense to the validity of a contract than lack of mental competency.”

While the AHCA countered that courts can and do invalidate arbitration agreements signed by parties deemed not mentally competent, Judge Mills says that, in his experience, “Many nursing homes will obtain signatures from residents in spite of grave doubts about their mental competency, or, more often, they will choose to have relatives of the residents sign the agreements, even when no power of attorney has been executed.

Mills contends that these same nursing homes may later file motions to compel arbitration based on those agreements, and that the only way to resolve that problem is through “time-consuming litigation, which serves as a very significant incentive against filing suit in the first place.”

Says the judge, “This court has repeatedly seen these facts play out in its courtroom, and it has seen these fact patterns repeatedly arise in published decisions from other Mississippi courts.”

And yet, Judge Mills determined that there is a chance that the AHCA and the other plaintiffs could prevail on the merits of their case. He also agreed with the industry that the plaintiffs could suffer some irreparable harm — i.e., that homes would have to strike arbitration clauses from their contracts for the time-being — if the rule were allowed to be enforced while this legal matter is still pending.

With the injunction in place, enforcement of the rule is delayed.

When reached by Consumerist for comment, a rep for CMS said the agency does not comment on litigation.

However, supporters of the rule are speaking out against the injunction.

“We remain confident that CMS has clearly acted within its existing legal authority,” said American Association for Justice President Julie Braman Kane, “and look forward to the full implementation of this rule, which ensures that nursing home residents retain access to the courts and that resident abuse is not left unchecked.”

Not surprisingly, ACHA CEO Mark Parkinson applauded Judge Mills’ decision.

“The court agreed with our argument that imposing a November 28 implementation would have resulted in real harm to providers as well as to our residents,” says Parkinson in a statement. “We believe Federal law plainly prohibits CMS from issuing this arbitration regulation, and this injunction will halt implementation of the final rule until the court can consider the merits of the case.”

by Chris Morran via Consumerist

Here’s Where Voters Can Score Election Day Freebies & Deals

You might have heard that tomorrow is Election Day, a day when Americans will vote not only on who will lead our country for the next four years, but also on numerous ballot initiatives that could affect consumers in many states. To mark the occasion, several businesses are offering up special freebies and discounts.

Krispy Kreme: Show up wearing your “I Voted” sticker at participating locations and you can get a free doughnut.

7-Eleven: Customers can get a $1 cup of coffee on Nov. 8 at participating locations — but you’ll have access the deal through the 7Rewards app.

Chuck E. Cheese: Visitors can use coupon code #5253 or tell the cashier they voted and receive a free personal pizza with any pizza purchase.

Nestle Toll House Café: Get a free chocolate chip cookie at participating locations by showing your “I Voted” sticker or informing the cashier you voted already.

Great American Cookie Company: If you’re wearing an “I Voted” sticker you could leave with a free cookie at participating locations.

RELATED: The Consumerist Guide To Your 2016 Ballot Initiatives

All About Burger: Hungry voters can get one free burger or chicken sandwich on Nov. 8.

Marco’s Pizza: Customers can get a voucher for a free medium one-topping pizza if they cast a vote online for Marco’s Pizza on Nov. 8.

Firehouse Subs: Get a free medium drink by wearing your “I Voted” sticker on Election Day.

California Tortilla: Free chips and guacamole are on offer with any purchase for customers who use the secret passwords, “I’m with queso!”; “Make queso great again!”; or, “I vote for queso!”

World of Beer: If you’re in need of a drink on Election Day, voters can get their first beer for only $1 on Tuesday.

Tijuana Flats: Customers wearing their “I Voted” sticker can get one free small side of guacamole on Nov. 8.

Schlotzksy’s: Buy one Mac (macaroni and cheese), get another free with the coupon code 4207 on Election Day.

YMCA: Parents can get free child care so they can go out and vote. Services vary by community so contact your local Y for details.

Gold’s Gym: Anyone who brings in a valid voter’s registration card or an “I Voted” sticker can work out for free on Nov. 8.

And for those who need a lift to the polls on Election Day, Uber, Lyft, Maven, and Zipcar are all offering special freebies or discounts on Nov. 8.

Spot a freebie we missed? Send an email to tips@consumerist.com.

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by Mary Beth Quirk via Consumerist

PetSmart Offers Same-Day Delivery Because You Never Know When You’ll Run Out Of Dog Food

Retailers are constantly attempting to one-up each other in services offered to customers. Recently that has meant introducing the quick delivery of products. Joining the likes of Amazon Now, Google Express, Best Buy, and Staples is PetSmart, you know, because you never know when you’ll unexpectedly run out of dog food. 

PetSmart announced on Monday the launch of a revamped website, including the creation of same-day and scheduled delivery options aimed at improving the shopping experience for customers.

The new services, PetSmart says, were created in response to customer feedback.

“Our omnichannel strategy is aimed at giving pet parents options tailored to their needs and desires,” Eran Cohen, chief customer experience officer at PetSmart, said in a statement.

Both options are fulfilled through PetSmart’s physical stores and deliveries are handled through Deliv, which already works with other retailers including Best Buy, Kohl’s, and more. Same-day deliveries are placed online and fulfilled at physical stores.

It is unclear if there are restrictions on what can be delivered. For example, will the service bring customers several large bags of dog food and a kennel or are the deliveries specifically  for small orders? We’ve reached out to PetSmart for clarification and will update this post when we hear back.

Additionally, while we couldn’t find the specific same-day delivery options for several address in Chicago (where the service is supposedly available), TechCrunch reports that the fee is $7.99 per order.

So far, same-day delivery is available in Los Angeles, Orange County, San Francisco, San Jose, Las Vegas, Atlanta, Miami, Seattle, and Chicago. PetSmart says it expects the option to expand to Dallas, Houston, Philadelphia, Boston, New York City, Yonkers, Northern New Jersey, and Washington, D.C. by mid-November.

Customers can also now choose to subscribe to frequent orders through an “auto-ship” function that provides deliveries every two and eight weeks. Customers who sign up for the subscription offer will receive a 5% discount and free shipping.

In addition to the new delivery options, TechCrunch reports that PetSmart now also allows customers ordering online to see if their local store has products in stock. Customers can also schedule grooming and boarding services through the retailer’s website.

[via TechCrunch]

by Ashlee Kieler via Consumerist

Complaints About Marijuana Odor From Colorado Grow House Lead To $14K In Fines

It’s one thing if you can occasionally smell it when your neighbor lights up a doobie say, in their yard. But it’s quite another if your neighbor has an extremely stinky — yet very legal — marijuana growing operation going on.

The smell of marijuana emanating from a Boulder growing facility has earned the business a total of $14,000 in penalties from the city so far, the Daily Camera reports: city regulations say no odor should be detectable from outside a pot business, and enforcement is based entirely on citizen’s complaints.

On that note, neighbors of the operation in question say the smell is strong enough to waft a block or two from the business, often seeping into their homes.

“It’s like a really stinky skunk smell,” said one neighbor who told the Daily Camera that while she supports the marijuana industry, she’s been complaining about the operation for a year because “you can’t even really sit on your deck sometimes, it’s so strong.”

Another neighbor told the city council in a letter that the smell is “constant and very pungent,” while a contractor working on homes nearby said the odor is “every day, and always getting worse.”

Boulder officials say they tried to negotiate better compliance with the home owner but had to issue the latest fine — $10,000 — when that effort failed.

The $14,000 in fines the operation has racked up is more than any other single fine the city has administered since recreational pot became legal in the state on Jan. 1, 2014.

“We went through a two-month process with this business, attempting to mentor them and address the concerns the community had” about the smell of marijuana that frequently drifts to nearby homes,” said a city spokeswoman. “They have elected not to make the necessary changes to come into compliance.”

Marijuana odor from north Boulder grow irks neighbors, draws $14,000 in fines [Daily Camera]

by Mary Beth Quirk via Consumerist

You Could Be Eligible For These Class Actions And Not Even Know It

The class action system is slow, profitable for lawyers, and flawed, but for now it’s the best tool that ordinary consumers have for holding companies that have wronged a lot of people with a relatively small financial impact. Not all suits are well publicized, though, and you might not know that you’re eligible. Did you buy a computer between 2003 and 2008? How about “natural” cleaning products or lavender-scented baby products?

If you like to follow the freshest class actions, follow the site Top Class Actions: they share new lawsuits and settlements on Facebook and Twitter as well as the website itself.

A few things you should remember about class actions: “soon” is a relative term. the process can be very slow, and can take years to reach a final settlement. Also, check suits that you might be eligible for even if you no longer have a proof of purchase: most simply ask that you swear on penalty of perjury that you did, in fact, buy the item.

MyPillow:The company settled claims that it made unsubstantiated health claims in its advertising, including improving users’ REM sleep and treating sleep apnea and insomnia. That’s just one of the company’s recent legal fights. Consumers can receive $5 if they bought up to three pillows, and an additional $5 if they bought three or more and still have their proof of purchase to turn in. Deadline: Dec. 26, 2016

Seventh Generation false advertising: This class action settled allegations that Seventh Generation falsely marketed its products as “non-toxic” and “hypoallergenic” when they contain substances that can be toxic to human skin. Class members must have purchased products between Nov. 14, 2010 to Oct. 12, 2016, and can receive up to half the retail price of the product they purchased for up to 10 products. Proof of purchase is not required, but class members who do have receipts may receive higher payments. Deadline: Dec. 27, 2016

Wells Fargo robocalls: If you received a robocall about your overdrafts from Wells Fargo between Apr. 21, 2011 and Dec. 19, 2015, you could receive up to $70. Deadline: Jan. 17, 2016

Follett Higher Education text messages: This class action settled allegations that an estimated 1.8 Follett bookstore customers received unwanted text messages from the company, a violation of the Telephone Consumer Protection Act. To be part of the class, you must have received an unwanted text from the company between Oct. 9, 2011 and Dec. 24, 2015. Deadline: Jan. 20, 2017

Sprint early termination fees: This one takes us way back, since it’s over a mobile carrier’s actions from 1999 to 2007. Sprint is settling allegations that it imposed early termination fees on customers, and the fees were higher than the amount needed to offset the actual harm done to Sprint by the customer leaving. You’re eligible if you paid a Sprint ETF while living in California between July 23, 1999 and Mar. 18, 2007. Claim deadline: Apr. 25, 2017

Johnson & Johnson Bedtime Bath Products: This suit settles accusations of false advertising, since ads and packaging proclaimed that the products were “clinically proven” to improve babies’ sleep. Parents and caregivers can claim up to $3 per product for a total of $15, or $30 if they still have the original receipts. Deadline: Apr. 28, 2017.

Optical disk drives: This class action settled allegations that manufacturers engaged in price-fixing of the optical disk drives that they sold to the companies that actually make computers. If you purchased a computer between Apr. 1, 2003 and Dec. 31, 2008 that included an optical disk drive, or a drive meant to be plugged in or installed in a computer, and you live in one of the states listed below, you’re eligible.

Arizona, California, District of Columbia, Florida, Hawaii, Kansas, Maine, Massachusetts, Michigan, Minnesota, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Mexico, New York, North Carolina, Oregon, Tennessee, Utah, Vermont, West Virginia, and Wisconsin

The companies in this case accused of antitrust behavior were Sony, Hitachi-LG Data Storage, Panasonic, and NEC. The settlement will be up to $10 per drive, and you do not need to provide proof of purchase. Deadline: July 1, 2017

by Laura Northrup via Consumerist

Report: ‘DirecTV Now’ Will Give Away Free Streaming Devices; Has Restrictions On ESPN, NBC

AT&T has been teasing its live-TV streaming DirecTV Now service for months, but aside from some vague pricing information recently mentioned by AT&T CEO Randall Stephenson, there has been very little in terms of concrete details. However, some new apparently leaked documents may give some indication of what to expect.

According to Variety, which obtained some documents that it claims were inadvertently shared online by AT&T, the base price of the service is $35/month, and there are 100+ channels, but it doesn’t look like those are all included in that base price.

There will be network TV (in certain markets), but you may not be able to watch all of it on your TV. More precisely, Variety reports that NBC will — at least initially — only be available for watching on your phone or PC. So even though DirecTV Now will be available for streaming through devices like the Amazon Fire Stick and Apple TV, it looks like not all of the channels will be watchable on all platforms.

Speaking of streaming devices, Variety claims that AT&T will be offering free devices to customers willing to commit to at least three months of service. Dish’s Sling TV streaming service offered similar promotional deals with device makers when it launched.

Another restriction appears to involve the three-day catch-up window for live TV. Variety says it looks like this option will be available for most channels, but not all — most notably ESPN. Sling TV has had a similar drawback, where users are blocked from pausing or rewinding ESPN and a number of other popular channels.

We’ve tried to get a response from AT&T regarding the Variety report, but so far it’s radio silence from the Death Star.

CEO Darth Randy did say the service was slated to launch in November, though the company has yet to put a more precise date on the launch.

by Chris Morran via Consumerist

New Emissions-Cheating “Defeat Device” Reportedly Found In Audi Vehicles

Volkswagen’s recently approved $15 billion settlement with the U.S. government was seen by some as the final chapter in the carmaker’s “defeat device” emissions scandal, but officials in California may have found evidence that VW used a second device to skirt carbon dioxide emissions restrictions in certain of its Audi vehicles.

Forbes, citing German publication Bild am Sonntag, reports that the California Air Resources Board claims to have discovered the software in certain diesel and gasoline Audi vehicles with automatic transmissions during lab tests nearly four months ago.

Like the previous defeat devices, the new software — found in Audi A6, A8, Q5, and other models — kicks on as a “warm-up function” when the vehicles are undergoing official emissions testing. The car’s full emissions control systems will only operate while the vehicle is being tested.

According to Forbes, when the vehicles in question are not being tested, they consume more fuel and produce more carbon dioxide.

A spokesperson for Audi tells CNET that the company continues to work with regulators on an approved resolution for vehicles containing previously discovered defeat devices, but could not comment on the new reports.

CARB did not immediately return a request for comment. Reuters reports that German transportation authorities said they had not received information about the new defeat devices.

Still, CNET notes that Bild am Sonntag claims emails between Audi’s powertrain chief discusses the system, suggesting that executives in the company were aware of the devices. The report claims that several of these officials have already been suspended.

Audi previously confirmed that 2.1 million of its vehicles were affected by VW’s nitrogen oxide defeat device scandal. Those vehicles are subject to the recently approved settlement in which owners can sell their cars back to the carmaker. A fix for the defeat devices has not yet been determined.

CARB Finds New Audi Defeat Device, German Paper Digs Up Smoking Gun Document [Forbes]
Regulators allegedly find new defeat device in Audi transmissions [CNET]
Germany has no info from U.S. on reports of cheat device in Audi cars: spokesman [Reuters]

by Ashlee Kieler via Consumerist

Toys ‘R’ Us Will Once Again Open At 5 PM On Thanksgiving, Stay Open For 30 Hours Straight

Toys ‘R’ Us apparently subscribes to “if it ain’t broke, don’t fix it” logic when it comes to shopping hours for Thanksgiving: the toy store is once again opening its doors at 5 p.m. local time on Thanksgiving, and will keep those doors open for 30 hours in a row.

Toys ‘R’ Us announced this year’s plan on Monday, noting that doors will be open through 11 p.m. local time on Friday, Nov. 25, because that’s what customers want, the chain says.

The early start time on Thanksgiving is apparently working well for Toys ‘R’ Us, since they’ve been doing it since 2013. As we’ve pointed out in the past, at least they aren’t moving the start time back any earlier?

“Our customers have voted at the doors year after year, and they continue to want the option to get an early start on their holiday shopping lists,” said Joe Venezia, Executive Vice President, Global Store Operations.

The chain is also offering free store pickup when they buy toys online, as well as free layaway, and free shipping for online purchases of $19 or more.

by Mary Beth Quirk via Consumerist

Watch Out For Fake Retailer Apps On Your iPhone This Holiday Season

It feels like pretty much every major chain retailer out there now has an accompanying app they want you to download to your phone. These are supposed to enhance your shopping experience, provide you with targeted discounts, and provide the retailer with a wealth of useful data. What they aren’t supposed to do, though, is steal your private information — but there are a whole lot of clones out there that do just that, and in the run-up to the holiday shopping season, they’re popping up like mad.

Counterfeit and clone apps have always been endemic to the ecosystem of your phone. While they’re known more for showing up on Google Play and Android devices than on iOS and Apple ones, neither system has ever been completely immune. Meanwhile, we’re barreling into the time of year where basically everyone starts doing a whole lot more shopping, and that means more people are going to see “download our app now and save money” signs at the stores they visit.

The combination of the two makes this the prime moment for fakes to start showing up in droves, the New York Times reports.

Some of the fakes are comparatively harmless. They don’t do anything for you, but they don’t really do anything to harm you other than displaying a whole bunch of annoying ads.

Others, however, are downright dangerous. Putting payment card information into a fake app is basically like having it stolen. Some fake apps are malware that can steal information from your phone, or ransomware, that can hold your device and its contents hostage until you pay up.

Apple has, metaphorically, a higher wall around its garden than Google does. It’s easy by design to put new apps on Google Play; reaching the App Store for iOS devices, though, theoretically comes with a stricter review process.

That said, the NYT points out, Apple doesn’t have dedicated personnel screening every single app every single day, and plenty that aren’t obviously malicious right on the face of them will get through.

The NYT points out that Apple quietly removed hundreds of fakes and clones after the paper asked about them, and that more were removed after another media outlet highlighted them last night.

Both stores that do and don’t have real apps have clones aplenty looking for you online. Dollar Tree has no official app, for example, so the one that consumers find on iTunes can grab everyone.

Others are more pervasive in a different way. Foot Locker has three official apps, the NYT explains, but there are 16 clothing- and shoe-related apps that are made by “Footlocke,” many of which are designed to look like legitimate apparel retailers.

In the long run, though, the onus is still on consumers to read very, very carefully before they install any software. Its users’ responsibility to flag anything suspicious, and to double- and triple-check anything before agreeing to it.

“We’ve set up ways for customers and developers to flag fraudulent or suspicious apps, which we promptly investigate to ensure the App Store is safe and secure,” a spokesperson for Apple told the NYT. “We’ve removed these offending apps and will continue to be vigilant about looking for apps that might put our users at risk.”

Beware, iPhone Users: Fake Retail Apps Are Surging Before Holidays [New York Times]

by Kate Cox via Consumerist

Watch Out For Fake Retailer Apps On Your iPhone This Holiday Season

It feels like pretty much every major chain retailer out there now has an accompanying app they want you to download to your phone. These are supposed to enhance your shopping experience, provide you with targeted discounts, and provide the retailer with a wealth of useful data. What they aren’t supposed to do, though, is steal your private information — but there are a whole lot of clones out there that do just that, and in the run-up to the holiday shopping season, they’re popping up like mad.

Counterfeit and clone apps have always been endemic to the ecosystem of your phone. While they’re known more for showing up on Google Play and Android devices than on iOS and Apple ones, neither system has ever been completely immune. Meanwhile, we’re barreling into the time of year where basically everyone starts doing a whole lot more shopping, and that means more people are going to see “download our app now and save money” signs at the stores they visit.

The combination of the two makes this the prime moment for fakes to start showing up in droves, the New York Times reports.

Some of the fakes are comparatively harmless. They don’t do anything for you, but they don’t really do anything to harm you other than displaying a whole bunch of annoying ads.

Others, however, are downright dangerous. Putting payment card information into a fake app is basically like having it stolen. Some fake apps are malware that can steal information from your phone, or ransomware, that can hold your device and its contents hostage until you pay up.

Apple has, metaphorically, a higher wall around its garden than Google does. It’s easy by design to put new apps on Google Play; reaching the App Store for iOS devices, though, theoretically comes with a stricter review process.

That said, the NYT points out, Apple doesn’t have dedicated personnel screening every single app every single day, and plenty that aren’t obviously malicious right on the face of them will get through.

The NYT points out that Apple quietly removed hundreds of fakes and clones after the paper asked about them, and that more were removed after another media outlet highlighted them last night.

Both stores that do and don’t have real apps have clones aplenty looking for you online. Dollar Tree has no official app, for example, so the one that consumers find on iTunes can grab everyone.

Others are more pervasive in a different way. Foot Locker has three official apps, the NYT explains, but there are 16 clothing- and shoe-related apps that are made by “Footlocke,” many of which are designed to look like legitimate apparel retailers.

In the long run, though, the onus is still on consumers to read very, very carefully before they install any software. Its users’ responsibility to flag anything suspicious, and to double- and triple-check anything before agreeing to it.

“We’ve set up ways for customers and developers to flag fraudulent or suspicious apps, which we promptly investigate to ensure the App Store is safe and secure,” a spokesperson for Apple told the NYT. “We’ve removed these offending apps and will continue to be vigilant about looking for apps that might put our users at risk.”

Beware, iPhone Users: Fake Retail Apps Are Surging Before Holidays [New York Times]

by Kate Cox via Consumerist

McDonald’s Preparing To Launch Mobile Order-And-Pay Tech Next Year

While many fast food chains already offer mobile ways to order and/or pay for your food before you ever step foot in the restaurant, McDonald’s has yet to launch its own version of that kind of technology. But the company says it’s now finally getting ready to roll out a new mobile order-and-pay service, slated to arrive next year.

McDonald’s told Business Insider that the new technology will begin rolling out next year in the U.S. and international markets like Australia, Canada, France, and the UK. It’ll be available at 20,000 to 25,000 restaurants worldwide, by 2018, a spokeswoman said.

The appeal here is the same both for customers and the company: mobile ordering can cut wait times and ensure that customers’ orders are accurate.

Though it’s getting into the game now, some experts say McDonald’s has missed out by taking so long to launch mobile order-and-pay.

“This isn’t new technology, it’s something that should be fairly standard nowadays,” Neil Saunders, CEO of retail consulting firm Conlumino, told BI.

We first heard rumors that McDonald’s was testing an order/payment app back in 2014, but it’s unclear if the tech the chain tested then will be similar to the final product.

McDonald’s is finally catching up to other fast food chains in one big way [Business Insider]

by Mary Beth Quirk via Consumerist

Uber, Lyft, Zipcar Offer Free Or Discounted Rides To Polls On Election Day

Election Day is nearly here, and millions of Americans will head to their respective polling places on Tuesday. You might be able to drive, walk, bike, or jetpack to your voting site, but for those who need a ride (or just a car), a handful of companies are offering free or discounted options.

Lyft, Uber, Zipcar, and Maven have unveiled a variety of discounts and promotions aimed at enabling voters to get to the polls on Tuesday.

Each service is offering its own, personalized route to the voting booths. Here’s a rundown of some of the options:

Uber: The ride-hailing service has teamed up with Google to create an in-app feature that aims to assist voters in locating their poling place and then getting there.

Every vote counts, so make sure to cast yours. With @Google, we're making it easy to find your polling place. https://t.co/DaFvMG58CD http://pic.twitter.com/segBstKgvc

— Uber (@Uber) November 6, 2016

“Given the important decision people around the country will make on November 8th, we wanted to make getting to and from your polling place easier than ever,” the company notes in a blog post on the feature.

Uber will be promoting the offer throughout Election Day with reminder alerts to users.

Lyft: Select Lyft users will receive 45% off their Election Day trip to the polls, The Verge reports, noting that getting back from your polling place will cost full price.

The company said it would send emails Sunday night to customers in eligible areas, including Atlanta, Baltimore, Boston, Charlotte, NC, Chicago, Dallas, Denver, Detroit, Miami, Minneapolis-St. Paul, New Orleans, Nashville, New York City and New Jersey, Orange County, CA, Philadelphia, Portland, OR, Phoenix, Raleigh, NC, San Diego, and Washington, D.C.

Zipcar: If you’re determined to drive yourself to the polls, but don’t have a car, Zipcar is offering members an alternative: a free rental.

The rumors are true: We're offering FREE ZIPCARS on Election Day (6pm-10pm) to help #DRIVEtheVOTE. Reserve one now: https://t.co/zzS83JA3Km http://pic.twitter.com/1hBy6zJ2KH

— Zipcar (@Zipcar) November 4, 2016

The service will make more than 7,000 cars available for free between 6 p.m. and 10 p.m. Tuesday. During that time, members of the service can reserve a free car through the company’s app or website.

“Zipcar selected the evening hours on election night to ensure that members who need to zip to the polls during the last few hours have free, easy access to transportation,” the company said in a blog post, noting that voters who don’t have a Zipcar membership can still sign up.

Maven: Maven — the ride-sharing business from General Motors — will offer riders $5 off all day, a spokesperson tells The Detroit Free press.

Lyft will give you a 45 percent discount for one ride on Election Day [The Verge]
Lyft, Uber, Zipcar, Maven offer Election Day rides [The Detroit Free Press]

by Ashlee Kieler via Consumerist

No More Free Ride: Tesla Will Charge For Supercharging On New Cars

Tesla’s electric vehicles aren’t cheap, but for years drivers have been able to charge up their Teslas quickly and for free at thousands of free Tesla Supercharger stations. This morning, the company announced all that free Supercharging will soon come to an end, at least for new cars.

In a Monday morning blog post, Tesla explains that starting in 2017, there will be a “small fee” to use a Supercharging station.

Tesla says vehicles currently on the road will not be affected, nor will any new vehicles where the owner takes delivery of the car before April 1, 2017.

That means that the potentially hundreds of thousands of lower-cost Tesla Model 3 vehicles coming in 2018 will have to pay to use Supercharging stations. The company says charging for Supercharging will help it expand the number of stations available to owners.

To take some of the sting out of it, Tesla will give affected owners credit for 400 kWh (about 1,000 miles) of Supercharging per month. For some owners, this may cover their full monthly charging needs.

Tesla vehicles don’t need Supercharging to power up their batteries, but these stations work significantly faster than other options. According to Tesla, you can get up to 170 miles of driving range from just 30 minutes of Supercharging, whereas your typical public charging station will only give you around 10-15 miles of driving range in that same time.

“We will release the details of the program later this year, and while prices may fluctuate over time and vary regionally based on the cost of electricity,” says a statement from Tesla, “our Supercharger Network will never be a profit center.”

by Chris Morran via Consumerist

Is Amazon Adding House Cleaning To Prime Membership Perks?

For all of the perks that customers of Amazon’s Prime service receive — free two-day shipping on thousands of items, access to on-demand TV and movies, photo storage, music-streaming library, and free audio books — none include physical services. But a new report claims that Amazon may change that with the launch of a Prime-related cleaning service.

The Seattle Times reports that this house-cleaning feature could be coming to the $99/year (or $10/month) service in the future as the e-commerce giant has posted a job listing for “home assistants” on its website.

But how exactly does a potential home cleaning service fit in with Amazon’s other Prime services? According to the job listing the assistants would be asked to assist customers in “tidying up around the home, laundry, and helping put groceries and essentials like toilet paper and paper towels away.”

It’s that last part that caught our attention. It suggests that if a Prime customer orders paper towels or other household products from, oh say, Amazon, then the assistant would come by when they’re delivered and put them away.

Additionally, the ad notes that assistants would “advise customers on regular cleaning service visits and grocery replenishment offerings,” which suggests that the employees could also sell customers on products they might need — perhaps through Amazon’s Dash buttons or wands.

The Seattle Times reports that the service — which would come in the form of a team including a professional cleaner and a helper — aims to provide “timesaving assistance to Amazon Prime members,” so they can run an “errand-free” home.

“If you love making a house feel like a home then this is the role for you,” the ad states, noting that assistants would “become awesome at” washing and folding laundry, restocking essentials and groceries.

Amazon already offers customers the ability to connect with cleaning services and others through its home-services marketplace that launched last year.

Amazon looks to clean house — literally [The Seattle Times]

by Ashlee Kieler via Consumerist

On-Cor Frozen Chicken Patties Recalled For Possible Blue Plastic Pieces

People who eschew breaded chicken patties and nuggets often question what’s in the patties, but usually they’re afraid of animal parts that Americans don’t normally eat, or mysterious fillers. Yet another chicken product recall shows us that we should actually be concerned about pieces of production equipment in our chicken products, not mystery meats.

This time, the company is OSI Industries out of Wisconsin, and the product in question is its On-Cor brand chicken patties. Customers have reported pieces of blue plastic in their patties, and the U.S. Department of Agriculture reports that the contaminated products were manufactured “around the time a trim repair was made on belt material.” Yum.

These particular patties had a limited distribution area: they went to retail stores in Kansas, Kentucky, Minnesota, North Carolina, Ohio, and Wisconsin. Only the 35-ounce bulk pack is being recalled.

If you have a question about the products or the recall, call (844) 674-8100. THe company asks customers to throw the products away or return them to the store where they were purchased.

OSI Industries, LLC Recalls Chicken Products Due To Possible Foreign Matter Contamination [USDA]

by Laura Northrup via Consumerist

Samsung’s Galaxy S8 Will Come With An AI Digital Assistant

While the dust from Galaxy Note 7 fallout is still far from settling, Samsung is looking to the future and its next Galaxy device, perhaps in the hopes that it’ll take everyone’s minds off this whole “exploding phone batteries” thing. To that end, the company has announced it’s launching a new artificial intelligence digital assistant service along with its upcoming Galaxy S8 smartphone.

On Sunday, Samsung said it would integrate an AI platform called Viv — recently acquired along with a company called Viv Labs Inc. – into Galaxy smartphones as well as provide voice-assistant services for home appliances and wearable devices, Reuters reports.

Samsung is staying mum on exactly what kind of services will be offered with its new AI assistant, however.

The Wall Street Journal notes that Samsung is also testing a dedicated button for the AI Assistant, citing those ever mysterious “people familiar with the matter.”

The phone is expected to go on sale early next year, though the WSJ says executives are pushing to delay the official announcement of the phone until after the Mobile World Congress trade show in late February — when it might usually have debuted the new tech — perhaps until April.

The success of the Galaxy S8 could be vital to Samsung’s turnaround efforts after it was forced to stop production on all Galaxy Note 7 devices and issue a recall after the phones were found to be explosion prone.

Samsung to launch AI digital assistant service for Galaxy S8 [Reuters]
Samsung Tests Button for Improved AI Feature on Galaxy S8 Phone [The Wall Street Journal]

by Mary Beth Quirk via Consumerist

John Oliver Wants To Sell You On Why Multi-Level Marketing Stinks

John Oliver has a pitch for you. Yes, that’s right. In last night’s Last Week Tonight, he asked for just 30 minutes of your time to sell you on something that will change your life forever: an exposé on Multi-Level Marketing (MLM) schemes.

You may have seen the informercials but more likely, you’ve seen your friends on Facebook trying to sell you on them. The companies and products run the gamut from stalwarts Amway and Mary Kay to internet-driven newbies like Jamberry and LuLaRoe. If you’ve seen Herbalife, Rodan and Fields, or Avon products being shilled (or if you’re shilling them) on your Facebook feed, MLM has touched your life.

MLM companies promise to make you money in two ways. One is through the actual direct sales: you buy inventory for one price, and then sell it to your friends and family for a slightly higher price. But the real money for MLM sellers is bringing more people in under them. Each individual makes money when they bring in more individuals below them, and when those individuals then recruit more individuals below them, and so on.

The industry is indeed huge: it brought in $36 billion in sales in 2015, Oliver reports.

Discussing the settlement Herbalife made with the FTC earlier this year, Oliver highlights a clip of FTC chair Edith Ramirez saying that the word “pyramid” doesn’t appear in the legal complaint, but that it’s “not not a pyramid.”

“It’s not a pyramid,” Oliver enthuses about MLM companies, “it’s just pyramid-shaped! Like a Dorito, or an Angry Bird, or just a pile of bulls**t.”

So to teach folks how to avoid pyramid schemes, Oliver — who has in the past made his points through becoming a debt buyer and his own sub-prime lending commercial — decides to spread the news in the most efficient way possible: a pyramid scheme.

Using the hashtag #ThisIsAPyramidScheme, Oliver gushes, “If someone you know is thinking about joining an MLM, this is a huge opportunity. And let me show you how it works.”

Oliver then steps out onto a stage alight with pyrotechnics, lasers, and flashy graphics, to tout a “fantastic product for you to share with friends and family.”

And what is this fantastic product? “This entire video about why MLMs are f**king awful.”

In short: Oliver is trying to sell us all on the MLM scheme to very literally end all MLM schemes.

“Let me break it down for you,” Oliver explains. “By sharing this, you can be an independent distributor for a leading web video about the dangers of MLMs.”

“You can do this full time or part time and give your family the lifestyle they deserve, which is frankly not getting caught up in this bulls**it.”

“Here is how it works: simply watch this video, and forward it to five people. And then instruct them to send it to another five people, and so on and so on. Within fourteen cycles, every single person on Earth will have seen this.”

And because MLMs target the Latino population specifically, Oliver and his team also uploaded Spanish-language version of the entire 30-minute segment, which you can watch in English below.

by Kate Cox via Consumerist

Ride-Hailing Services Are Legal And Regulated In Pennsylvania: Now What?

Ride-hailing apps, or transportation network companies (TNCs), have been in sort of a legal gray area in some parts of Pennyslvania, but as of today, hailing a ride will be completely legal. Earlier today, the governor of Pennsylvania signed legislation that regulates the services. Like all laws, it’s imperfect, and stakeholders including taxi drivers and people with disabilities have complaints about it.

The objection of disability activists are probably the easiest to understand for non-bureaucrats: the law requires the ride-hailing services (Uber, Lyft, and any competitors that enter the market) to have 70 wheelchair-accessible vehicles collectively.

That’s nice in theory, but who is going to coordinate that between multiple companies where the drivers own their own vehicles? Will the companies pool their resources and set up a depot of accessible vans?

Other changes that are part of the law are mandatory vehicle inspections and background checks, and an undetermined amount of money must go from every ride to the public schools in Philadelphia.

Gov. Wolf makes Uber, Lyft legal, but calls for driver protections remain [Philadelphia Business Journal]

by Laura Northrup via Consumerist

Apple Cuts Dongle Prices After Users Complain About New MacBook’s Port Shortage

Apple wants to bring its MacBook Pro users into the future, and has done so by eliminating every port on the latest version of the computer except for two USB-C ports. The problem? Most of the peripherals on the market aren’t USB-C, so that means users will have to travel with a fistful of hubs and dongles. Responding to their complaints, Apple has lowered the price of the dongles that customers will need to plug in all of their other stuff.

As users of some smaller Chromebooks and last year’s non-pro MacBooks can tell you, having only one USB-C port to work with is inconvenient, since it’s used both for charging and for plugging things in to the computer.

The new MacBook Pro at leasts adds a second port, but that still leaves customers shopping for dongles to plug in things like displays, external hard drives, and even iPhones. Nope, even iPhones don’t come with USB-C cables, and users may mistrust third-party vendors after problems in the market for this type of cable earlier this year.

Apparently listening to criticism, Apple has cut prices on some of the adapters that MacBook users will need: CNN reports (warning: auto-play video at that link) that a simple standard USB to USB-C adapter will be sold at less than half price (marked down to $9 from $19) for the rest of the year, and a dongle that converts from USB-C to the previous Thunderbolt standard for external displays went from $49 to $29.

Apple cuts prices on dongles after complaints [CNN]

by Laura Northrup via Consumerist

Guy Makes Alexa Speak Through A Robotic Singing Fish Just Because He Can

Sure, you can have Amazon’s digital assistant Alexa speak to you through an Echo, but why not have it respond to commands from the mouth of a wall-mounted singing fish?

Developer Brian Kane hacked Alexa to speak through the mouth of Billy Big Mouth Bass, a singing, robotic fish, the kind usually seen mounted on the wall of a gas station store or your uncle’s basement man cave. Because that’s not the kind of thing you keep to yourself, he posted the delightful/terrifying results on Facebook, titling it simply, “the future.”

Though we don’t know exactly how he accomplished such a feat, The Verge notes that it’s likely related to the Alexa API, which was opened in April and allows developers to embed the assistant in third-party hardware. Who’s to say that third-party hardware can’t be a robotic singing fish? No one.

It’s unlikely that Alexa will start crooning “Don’t Worry, Be Happy” when the fish’s motion sensor is activated, however, as The Verge notes that Billy doesn’t have a built-in microphone, so there must be an offboard mic elsewhere.

by Mary Beth Quirk via Consumerist

Lawmakers: Wells Fargo Employee Files Show Bank Knew Of Fake Account Fiasco

Under federal law, when brokers or other registered representatives leave a position with a banking institution, that company is required to notify the Financial Industry Regulator Authority (Firna) with a form that includes a field that describes why the worker was leaving. It’s those filings that lawmakers are pointing to now, claiming that Wells Fargo knew well in advance that its employees were taking part in the now infamous fake account fiasco. 

Senators Elizabeth Warran (MA), Ron Wyden (OR), and Robert Menendez (NJ) sent a letter [PDF] to Wells Fargo’s new CEO Timothy Sloan claiming that the forms, known as a “U5,” show the bank had “ample information about the scope of fraudulent sales practices” long before the bank agreed to pay $185 million to resolve allegations that employees opened and closed more than two million fraudulent accounts.

The senators obtained the information by asking Firna for data on the company’s forms submitted between 2011 and 2015. This timeframe contained forms for the 5,300 employees that Wells Fargo said were fired as part of the fake account fiasco.

A Form U5 contains eight separate sections, including information on the reason for an employee’s termination and details on any related internal review, regulatory action, customer complaint, or criminal investigation.

According to Firna, slightly more than 600 of the 5,300 terminated employees had Form U5s filed. Of those forms, 207 were “specifically terminated for issues that fall within the scope of the (Consumer Financial Protection Bureau) order.”

As for the remaining 400 Firna-registered employees it was unclear if a U5 was filed at all or if it contained other reasons for the employee leaving.

Wells Fargo’s forms, according to the senators, don’t just show that Wells Fargo knew about the fraudulent activities, but that it may have used that information against employees who attempted to bring the issues to light.

“In addition,” the letter continued, “public reports indicate that Wells Fargo may have filed inaccurate or incomplete Form U5s for fired employees and that the bank may have done so to retaliate against whistleblowers. If this is the case, then it would appear that Wells Fargo concealed key information from regulators.”

A negative comment on an employee’s U5 form can make it impossible to find another job in the banking industry, the senators say.

Additionally, the lawmakers’ investigation found that Wells Fargo’s may have filed incomplete or inaccurate U5 reports for many fired employees. Specifically, the senators believe that in an unknown number of these cases, Wells Fargo may have filed U5s that did not reflect that employees were terminated for failing to meet the company’s strict sales goals.

“If Wells Fargo did not report all appropriate information on all relevant employees who were fired for misconduct – or misreported information to FINRA on employees who were fired for reporting illegal activities – then the bank may have deprived FINRA and other regulators of information that could have allowed them to uncover and stop the illegal activity at Wells Fargo well before the September 2016 CFPB settlement,” the senators wrote.

The letter asks Sloan to answer a slew of questions about the filings, including what process the company follows to file the forms and whether the company has conducted any review of the U5 forms.

A spokesperson for Wells Fargo tells the New York Times that it doesn’t tolerate retaliation.

“As we already said in two congressional hearings, Wells Fargo has been working for years to stop wrongful sales practices behavior,” a spokesperson said. “We acknowledge we could have acted sooner and more aggressively.”

[via The New York Times]

by Ashlee Kieler via Consumerist

Boost Mobile Experiments With Not Giving Away Phones, Quickly Retreats

Giving new customers an inexpensive phone for free, or a credit toward a pricier phone isn’t a big deal, right? Boost Mobile apparently didn’t realize what kind of effect it would have on their customers when it got rid of free phones. The experiment only lasted for two months.

Free phones disappeared on Sept. 1, and Fierce Wireless speculates that the goal of the change may have been to create a new money-saving norm in the market, with competing prepaid carriers dropping their free phones, too.

That didn’t happen: instead, competitors kept the free phones flowing, and Boost had to reverse its decision before the holiday shopping season began.

According to Fierce Wireless, Wave7, a research firm in the mobile industry, observed that the carrier’s “reform of ending instant free phones for porting customers was a journey – sort of like the Hindenburg.” That’s harsh.

Harsh, but Sprint may not have had a choice after discovering that it was down by 427,000 net users in its prepaid divisions, Boost and Virgin Mobile. While users are always switching carriers for some reason or other, losing that many customers cumulatively is a bad sign, and not keeping up with competitors’ phone promotions will probably hurt its numbers in the last quarter of the year even more.

Boost reinstates phone giveaway after Sprint bleeds prepaid users [Fierce Wireless]

by Laura Northrup via Consumerist

Facebook’s Out Of Ad Space On Facebook, So It Wants To Put Ads On Your TV

First Facebook took over your web experience. Then it took over your phone. And now, more than a decade after the internet’s second-biggest advertising company (Google’s first) launched infamously in a Harvard dorm room, Facebook is all set to start delivering video ads on a whole new platform next week: your TV.

For the trial program, Facebook is partnering with A+E and Tubi TV to deliver ads accompanying videos displayed on those apps, when you watch them on your TV via a device like a Roku or Apple TV, Recode reports.

Facebook’s still not 100% sure exactly how this is going to work in the long run; details like the ideal ad length and preferred format haven’t been ironed out yet, Recode writes. But the general plan is there: using the Audience Network ad platform it developed a few years back, Facebook can attach ads to over the top video apps the same way it does to websites.

And now you may be thinking: but why? After all, in its most recent quarterly results (PDF), Facebook reported revenue of $18.8 billion in the year to date, of which $18.3 billion — about 97% — came from advertising. And isn’t TV on the way out?

Well, yes and no. As much as Facebook dominates in online advertising, there’s still big money to be had in television. Granted, not all TV spots are as lucrative as Super Bowl ads — for which CBS this year charged up to $5 million per 30-second spot — but they’re still work big money, even as they lose ground to digital.

At the end of 2015, a major analytics firm estimated that TV accounted for about 38.4% of the total ad market in 2015, and would continue to be around 38% of the market in 2016. That total ad market is worth more than $500 billion, so by that estimate the total TV slice works out to more than $190 billion — cash any mega-corporation would love to get its hands on.

There are many companies that could put ads on internet-delivered TV streams, of course. What Facebook brings is the promise of its hyper-targeted, personalized — and therefore, theoretically more effective — ad machine. Even if the device you’re using to stream media doesn’t have a Facebook app on it, big blue can still match you to an existing profile using other data. In this case, for now, it’s the IP address of the streaming device, which will be matched against Facebook accounts logging in from the same place. Doing so might not get you exactly — it could get your spouse, roommate, kid, or the neighbor leeching off your wifi — but it’s much closer still than standard TV advertising.

Another reason Facebook is targeting your TV? Facebook itself is just plain running out of room. It’s devoted as high a percentage of its screen real estate, both mobile and desktop, to advertising as it can and still have the user have a decent experience, the company CFO explained in this week’s investor call. Its revenue generation and ad sales capability won’t drop, but it is unlikely to keep growing as fast as it has been, just for that reason alone.

by Kate Cox via Consumerist

Lawsuit Claims Leaky Glade Air Fresheners Can Burn Through Car Dashboards

Another week, another lawsuit over allegedly defective fragrance products doing damage to vehicles: some consumers who bought Glade air fresheners for their cars say the items ended up leaking all over the place, and in some cases, burning holes through car dashboards.

A new federal class action accuses S.C. Johnson & Son and Kraco Enterprises, the makers of Glade Auto Scented Oil Automotive Air Freshener of knowing that the products could do serious damage and yet, sold them anyway, Courthouse News reports.

The plaintiff says he purchased an air freshener in September and clipped it to his dashboard air vent, as the directions indicated: the device is supposed to work with your car’s vents to disperse a pleasant scent around the vehicle. Oil and “other substances” started leaking out, the customer alleges, burning a hole in the dash under the vent.

The complaint claims the makers have been aware of the issue for some time but kept it from the public, and refused to reimburse customers for damages.

The product is no longer on Glade’s website, but it still for sale online elsewhere, Courthouse News notes. One Amazon review of a refill for the product gave it a one-star rating, saying that oil leaked from it and damaged her daughter’s car.

“I quickly realized that what had happened was that the oil in the plug-in had somehow gotten all over the controls and left this very hard build up that actually ate through the shiny finish,” the review reads. “She’d moved it to the other vent and when I pulled it off, there was a hard build up that’s absolutely impenetrable underneath exactly where the glass bottle was resting.”

The lawsuit is seeking class certification, restitution, and punitive damages for consumer law violations, unfair competition, false advertising, unfair trade, common law fraud, breach of warranty, breach of faith, and negligent misrepresentation.

Air Freshener Ruins Dashboards, Class Claims [Courthouse News]

by Mary Beth Quirk via Consumerist

Fourth Child’s Death Linked To Recalled IKEA Dressers

Federal safety regulators have confirmed a fourth death linked to nearly 29 million recalled top-heavy Malm dressers and chests sold by IKEA. 

The Consumer Product Safety Commission announced Friday that it had notified and provided IKEA with a fourth report of a fatality tied to the furniture.

According to the CPSC’s updated notice, the death occurred in Sept. 2011 when a two-year-old boy from Woodbridge, VA, died after an unanchored MALM 3-drawer chest tipped over, and trapped the child between the dresser drawers.

In addition to the four deaths, IKEA received reports of 41 tip-over incidents involving the MALM chests and dressers, resulting in 17 injuries to children between the ages of 19 months and 10 years old.

Safety regulators have identified at least three deaths related to non-Malm IKEA dressers. Friday’s announcement brings the total deaths related to the recalled dressers to seven.

Back in June, IKEA and the CPSC announced a full recall of Malm dressers and chests — along with a variety of other non-Malm items — that don’t comply with industry anti-tipping standards.

The recall came after IKEA offered repair kits and wall anchors to customers as part of a repair-initiative that just wasn’t getting the job done, as evidenced by the deaths of several small children.

As part of the June recall, IKEA agreed to come to consumers’ homes to take away old dressers and hand out refunds to replace the pieces of furniture. Additionally, if a customer wanted to keep the dressers, IKEA said it would send a crew out to ensure that the piece is anchored to the wall properly.

Refunds for the dressers were to work one of three ways: A full refund would be issued if the chest or dresser was manufactured between Jan. 1, 2002 and June 28, 2016; a store credit for 50% of the original purchase price if the product was manufactured before Jan. 2002; or a $50 store credit if the date stamp is unidentifiable.

Customers could take IKEA up on its offer by calling the retailer at a dedicated hotline or email the company.

While it’s understandable that reaching IKEA about the recall would be difficult right out of the gate, some customers said in September that they were still waiting for action after contacting the company multiple times.

by Ashlee Kieler via Consumerist

Do Not Call 9-1-1 With A Fake Emergency Just Because You’re Locked Out Of Your Hotel Room

Over the years, we’ve heard of many people abusing the 9-1-1 system in order to get help with mundane, non-emergency things like Pokemon Go or screwed up fast food orders. Here’s another one: if you’re locked out of your hotel room, don’t call 9-1-1 and say your daughter is choking.

A Florida man found himself in jail after police say he called 9-1-1 in Fort Myers asking for an ambulance for his four-year-old daughter, who he claimed was choking on candy and alone, reports WPTV. The dispatcher asked if his daughter was breathing, and he said he didn’t know because he was locked out of the hotel room and there wasn’t anyone available to help him get back into his room.

But when the fire department, paramedics, and police officers showed up with emergency lights flashing and sirens blaring, they found the man wasn’t waiting for them outside of the room number he’d given, and they couldn’t hear anything inside the room.

According to the police report, the man then came around a corner and said “all of this” wasn’t necessary — meaning, the array of emergency responders he’d summoned with his 9-1-1.

Deputies asked about the child that was supposedly choking, at which point the man said he’d made up that story because he just wanted to get back into his room.

After determining that there was no emergency, and no sign of a child in the man’s room, he was arrested for misuse of the 911 system.

Florida man calls 911 to get back in hotel room, lies about emergency [WPTV.com]

by Mary Beth Quirk via Consumerist

Uber Settles Lawsuit Brought By Two Passengers Who Accused Drivers Of Sexual Assault

Six months after a judge rejected Uber’s claim that it wasn’t responsible for its drivers’ actions after they turned the ride-hailing service app off, the company has settled with two passengers who sued it for hiring drivers who sexually assaulted them. The court didn’t reveal the terms of the settlement.

When a driver is an independent contractor, is the service that employs them responsible, especially if the driver has turned off the app and is technically off the clock?

In these cases, the drivers met their victims through the platform. Uber advertised the thoroughness of its background checks on prospective drivers, but apparently was not thorough enough. The judge decided that Uber should be responsible for its drivers’ actions, though that decision did not affect the ongoing question of whether the drivers should be considered employees.

This lawsuit combined cases from South Carolina and Massachusetts, and what both had in common is the drivers slipped through cracks in Uber’s background check system.

One was a recent immigrant to the United States whose criminal record from his country of origin wasn’t available, and the other had a twelve-year-old domestic violence charge on his record, while Uber’s background checks only go back seven years.

Elsewhere in the world, Uber also settled a similar lawsuit filed by a victim of an alleged driver assault in New Delhi, India more than a year ago.

Uber Settles Lawsuit Over Driver Sexual Assault Claims [Bloomberg Technology]

by Laura Northrup via Consumerist

Report: Takata Could File Bankruptcy Of U.S. Assets, But It Won’t Happen Soon

Weeks after Japanese parts maker Takata reportedly began mulling the idea of restructuring through a sale that could include a bankruptcy filing amid the prospect of being saddled with billions of dollars in costs the company faces linked to its massive shrapnel-shooting airbag debacle, we’re learning more about what exactly the bankruptcy prospect means. 

Reuters, citing sources close to the matter, reports that a bankruptcy option would be focused on the company’s Michigan-based assets, which account for half of Takata’s sales.

While a Takata-appointed steering committee has retained investment bank Lazard Ltd as an advisor to oversee its process, any kind of filing isn’t imminent.

The prospect of a bankruptcy filing has lingered over Takata since the costs related to its massive airbag recall began to mount. The company is facing billions of dollars in losses related to fines, penalties, repair costs, and other expenses.

“Our preference would be to restructure debts through an out-of-court settlement with creditors,” Takata CFO Yoichiro Nomura told reporters at a recent briefing. “This has been our position since the start, and has not changed.”

Still, Nomura said the company is open to all options, including a sale.

Last month, it was reported that five companies have offered initial investments of $1 billion to $2 billion each to buy the troubled airbag maker. Each of those offers contains some sort of mention of a proposed bankruptcy.

Those reports spurred concerns from lawmakers about how millions of vehicles would be fixed or who would foot the bill.

Senators Edward Markey (MA) and Richard Blumenthal (CT) teamed up to express their concerns in a letter to NHTSA, writing that any bankruptcy or restructuring may “not occur in a manner that prioritizes Takata’s ability to design and deploy safe replacements for the defective airbags over the short-term financial interests of any potential investor or buyer.”

The lawmakers called on the National Highway Traffic Safety Administration to use its authority in bankruptcy proceedings in order to uphold settlements and consent decrees.

Takata mulls bankruptcy for U.S. unit, filing will take time: source [Reuters]

by Ashlee Kieler via Consumerist

McDonald’s Suing Florence For $20M After City Says No To Location Near Famed Cathedral

When you think of historic landmarks and centuries-old architecture, do you picture the Golden Arches gleaming nearby? If not, then you agree with the city of Florence, Italy, which recently put the kibosh on McDonald’s plans for a new location near its famed Duomo cathedral. The fast food giant has filed a $20 million lawsuit in response.

Florence officials want to keep the area around the famed cathedral beautiful, and a McDonald’s location figure into that plan, The Wall Street Journal reports.

Back in January, the city issued new licensing rules aimed at stemming the tide of markets, eateries, and convenience stores popping up to serve tourists in the city. These rules tend to favor food establishments that offer Italian food, the WSJ notes, while other businesses have to fulfill a strict list of criteria before they can get approval to sell food in the historic center of Florence.

McDonald’s first sought permission to open its 10th restaurant in the city near the Duomo in the spring prompted protests and petitions against the idea. In response, McDonald’s came up with a plan to appease naysayers: waiters would serve customers at tables, and the company promised to source 80% of its ingredients locally.

Despite those efforts, city officials gave McDonald’s plans a failing grade, prompting the Golden Arches to hit back and file an €18-million ($19.8-million) lawsuit against the city, calling the official response, “a manifest injustice.”

“We completely agree that the cultural and artistic heritage and the Italian historical town centers have to be protected,” McDonald’s said in a statement. “But we cannot accept discriminatory regulations that damage the freedom of private initiative without helping anyone.”

The city isn’t budging over its new rules, however.

“It’s a not a blanket rejection of McDonald’s,” Giovanni Bettarini, Florence’s deputy head of tourism and economic development told the WSJ. “It’s just a rejection of that specific project.”

Unhappy Meal: McDonald’s Battles to Bring Golden Arches to Heart of Florence [The Wall Street Journal]

by Mary Beth Quirk via Consumerist

DirectBuy Wants Everyone To Know Its Business Model Is Less Terrible Now

Yesterday, we shared the news that DirectBuy, a company often featured on this very site for its anti-consumer practices, had filed for bankruptcy protection. However, the company wants to make sure that you know something: it has been making changes to become less terrible, including monthly fees instead of multi-year contracts.

We’ve written in the past about the stores’ policies not allowing people to even browse on their own, customers stuck with memberships after their local stores close, and even newly minted members who can’t actually buy anything.

IF you’ve wondered why you haven’t heard much about DirectBuy for the last few years until now, we learned that new management came in in 2013, changing the business model from a franchised one to ne of direct ownership and encouraging members to come back more often than every few years.

Memberships now can cost as little as $40/month, billed monthly instead of all at once, and the company claims to have a 78% retention rate. Instead of in-person sales of memberships at local stores, the chain now seems to be focusing on serving customers online and not on taking hours to make hard sells to prospective members.

by Laura Northrup via Consumerist

Mrs. Fields, Interbake Duking It Out In Court Over Cookie Deal Gone Bad

Like any good thriller, the story of cookie biggies Mrs. Fields and Interbake Foods is full of alleged deceit, theft, and betrayal. Now the two companies are headed to the courtroom to air their grievances over a relationship that crumbled like stale cookies. 

Bloomberg reports that Mrs. Fields and Interbake are set to go to trial to hash out who is at fault for a five-year distribution contract that ended two years early.

The deal, which required Interbake to reach targets for retail sales of cookies until Dec. 2017, ended in April when Interbake walked away, accusing its partner of manipulating sales figures and failing to promote the brand.

Conversely, Mrs. Fields claimed that Interbake failed to meet it sales goals, an accusation the company denies.

Shortly after the breakup took place in April, Mrs. Fields filed a lawsuit seeking tens of millions of dollars from Interbake, claiming the company sabotaged the deal as a way to steal customers and recipes from Mrs. Fields.

The company claims that Interbake cooked up a “covert plan” to adversely affect the deal and “convert Mrs. Fields’ assets, including shelf space, goodwill with retailers and even recipes for its own benefit.”

Those accusation apparently stem from Interbake’s previous attempt to purchase Mrs. Fields.

“Interbake repeatedly sought to purchase the brand beginning shortly after signing the license agreement,” Mrs. Fields’ lawyers told Bloomberg, noting that after the company turned down the offer, Interbake began to signal it would ditch its deal with Mrs. Fields.

For its part, Interbake accuses Mrs. Fields of lying about who many cookies Interbake could expect to sell in grocery and conveinence stores, Bloomberg reports, citing court filings.

“Mrs. Fields filed this lawsuit seeking to make Interbake the scapegoat for its own faults,” Interbake said in court documents.

The judge overseeing the case has ordered the two companies to continue working together until he rules.

Mrs. Fields Turns Up the Heat in Interbake Battle Over Cookies [Bloomberg]

by Ashlee Kieler via Consumerist

Popeyes Customer Dropping Lawsuit Over Lack Of Knife With Fried Chicken Order

Well, that was quick: only a few days after filing a lawsuit against Popeyes claiming that the lack of a knife in his order caused him to choke on his fried chicken, a Mississippi lawyers is dropping his complaint.

Citing “extreme comments” aimed at his family, the attorney behind the lawsuit has decided not to go forward with his suit, the Sun Herald reports.

“I continue to believe that the facts demonstrate an unsafe condition to the public that could easily be solved by the responsible parties at very little cost,” he said in statement. “I am hopeful that my filing of the court proceeding results in such remedial actions. However, due to extreme comments directed to me and my family, I have determined not to pursue this matter further.”

He blamed Popeyes for a choking incident he suffered after only receiving a spork with his drive-thru order of chicken, rice and beans, and a biscuit in November 2015, and sought reimbursement for medical expenses as well as pain and suffering. He also wanted a judge to order Popeyes and its franchisees to start putting plastic knives in drive-thru orders.

Attorney who choked on chicken withdraws lawsuit [Sun Herald]

by Mary Beth Quirk via Consumerist

Samsung Banning Galaxy Note 7 Devices From Connecting To Networks In New Zealand

If you haven’t already turned in your potentially explosive, recalled Samsung Galaxy Note 7, now is the time: Samsung plans to disconnect the phones from cellular networks — at least in New Zealand. 

While New Zealand certainly isn’t the U.S., the move signals Samsung’s desire to ensure that owners of the recalled smartphones can’t simply just hang onto them, Mashable reports.

Samsung Electronics America did not return comment on whether the move will be extended to other countries.

According to a notice posted on Samsung’s New Zealand website, starting on Nov. 18 phones will not be able to “make calls, use data, or send SMS messages.”

The phones, however, will still be able to connect to networks in other countries and connect to WiFi networks. They will still also be able to act as cameras and music players, meaning customers might not actually stop using them altogether.

Customers will be notified of the change directly by Samsung before the disconnection occurs.

The idea of disconnecting the phones from wireless networks was first floated last month. However, former executive director of the Consumer Product Safety Commission, Pamela Gilbert, expressed concern over the possibility.

“It’s a terrible idea because people really do need to use their phones,” she told our sibling publication Consumer Reports. “You don’t want to turn off people to the recall system.”

Still, the recall of the Galaxy Note 7 hasn’t exactly been quiet, making it surprising if anyone connected enough to own a smartphone didn’t now about the recall, but some people are defiantly refusing to relinquish their phones, preferring to play the odds.

Samsung Note7 phones won’t connect to New Zealand cell networks [Mashable]

by Ashlee Kieler via Consumerist