News & information for the smart consumer
A Republican filibuster in the Senate blocked former Ohio Attorney General Richard Cordray from being appointed to head the Consumer Financial Protection Bureau. The Young Turks host Cenk Uygur breaks it down. thinkprogress.org Subscribe to The Young Turks: bit.ly The Largest Online New Show in the World. Google+: www.gplus.to Facebook: www.facebook.com Twitter: twitter.com
The Subcommittee on Commerce, Trade, and Consumer Protection held a hearing entitled “The Proposed Consumer Financial Protection Agency: Implications for Consumers and FTC” on Wednesday, July 8, 2009, in room 2123 Rayburn House Office Building. The hearing examined the Administration’s proposal to create a new agency responsible for consumer protection with regard to financial products and services
Question by THE WRAITH OF GOD IS COMING: How will the American consumer survive inflation due to the Euro Increase in value?
I mean many people do not know how to cook from srcatch and buy prepackaged meals as the euro increases it will cause a market correction in all goods, usually cutting back on food helps. However this more not be an option for people who do not know how to cook.
What will the net effects be on the consumer?
and the Market?
Best answer:
Answer by angelwith4faces
I think the Euro is not too much of a problem.
The Chinese dollar – whatever it is – is the real problem. I think that is where most of our retail goods come from.
At some point, it will start become cheaper to produce some goods here, at which point most people will make more money, and it is possible the increase in demand will offset the decrease in the value of the dollar.
Add your own answer in the comments!
www.ConsumerFinance.gov A quick video introduction to the Consumer Financial Protection Bureau (CFPB). The central mission of the CFPB is to make markets for consumer financial products and services work for Americans—whether they are applying for a mortgage, choosing among credit cards, or using any number of other consumer financial products. ACKNOWLEDGEMENTS Voiceover: Ron Howard Symbols: Jonothan Jarvis [newmediators.com The Noun Project [www.thenounproject.com Sound FX from freesound [www.freesound.org users: Gniffelbaf CGEffex xdrav SpyrosCh zerolagtime rfhache Transcript: Now the story of a market that fell apart, and the new consumer agency that’s charged with putting it back together. When you shop for a consumer financial product or service—whether it’s a home loan, a credit card, or a student loan—how do you know you’re getting the best deal? After wading through all the advertising and page after page of fine print, side-by-side comparisons can be hard. That lack of clarity makes it all too easy to end up with a deal that doesn’t work for you and your family. This has real-life consequences—for you and for the whole economy. For years, the financial system has been loaded with more and more dangerous loans, including millions of risky and unaffordable mortgages. Many government agencies supervised different parts of the system, making it nearly impossible for people to hold any one agency accountable. This fractured and outdated system was slow to adjust to …
Video Rating: 3 / 5
Question by jason57: What are some good invention ideas or problems that consumers need solutions for?
What are some good invention ideas or problems that consumers need solutions for?
I need to find out some solutions to common problems that consumers/everyday people face whether it’s in the kitchen, car, work, traveling, on stage, at school etc. This can be an idea or invention. Please HElp!!!!
Best answer:
Answer by Ed Atun
A portable platform that folds up to fit in a pocket or a purse. Someone who is short can step on it and talk eye-to-eye with a tall person. Women would not have to wear high heels to be taller.
Add your own answer in the comments!
CES 2011 – Consumer Electronics Show – Las Vegas, NV
Image by David Berkowitz
Consumer Electronics Show (CES) 2011 – Las Vegas, NV
(cc) David Berkowitz www.marketersstudio.com
“Debt collector contact via cell phone and without express consent, is a violation of The Telephone Consumer Protection Act, the same law that offers protection against telemarketing calls, according to national consumer law firm Weisberg & Meyers, LLC. In a complaint filed in the U.S. District Court, for the Eastern District of New York(Civil Action File No.1: 10-cv-00173- JBW-MDG), a New York Consumer allegedly continued to receive cell phone calls from debt collection agency Nelson, Watson & Associates for another consumer’s debt despite multiple verbal requests to cease contact. “
Receiving repeated invasive phone calls from a debt collector on your cell phone can be a major nuisance. But even more annoying is the cell phone collection call from an auto-dialer or robocall, featuring a pre-recorded, computer generated voice, attempting to collect a debt. The Telephone Consumer Protection Act(TCPA) was enacted primarily to protect consumers from telemarketing calls, or unwanted telephone solicitation, which led to the creation of the “Do not call” registry list. According to consumer protection law firm Weisberg & Meyers, LLC, many consumers are not aware that this same act now offers protection from predictive or auto-dialer calls to your cell phone without your consent
In the past, debt collectors would manually dial a phone number. Now, “thanks to modern technology” and increased efforts for greater time efficiency in the debt collection industry, collectors are using computers, aka “auto” or “predictive” dialers to make the calls on their behalf. Debt collection calls from an auto-dialer have a specific format and script. “Please hold for the next available representative” is usually the opening line followed by a short delay. The delay or pause, whether at the beginning of the call or after the opening line is typically the marker of an auto-dialer. A recent Federal Study conducted by the Centers for Disease Control and Prevention found that the percentage of cell phone only homes in the US has doubled over the last three years. Thus contact from debt collectors has begun to turn toward debtors cell phones rather than home phones in an effort to collect overdue bills.
The Telephone Consumer Protection Act states that the requirement for debt collection calls is the same as it is for auto dialed calls from solicitors – if you did not give consent for contact via your cell phone then these calls could be a violation of the TCPA. If this occurs you could be entitled to 0 damages per call if it’s determined that the calls are a violation of the TCPA. You could potentially receive triple damages if you can prove that the phone calls were made knowingly and with intent.
According to a complaint filed in the United States District Court, Eastern District of New York (Civil Action File No.1:10-cv-00173- JBW-MDG) consumer Marco Rafala was receiving calls from a debt collector from collection agency Nelson, Watson & Associates on his cell phone, attempting to collect a debt for a female that he did not know or has never been familiar with. Since the cell phone number belonged to Mr. Rafala for 4+ years, he informed the collector calling that the party they were attempting to reach was not at this number He added that the female they were attempting to contact could not have had this number for 4 or more years. The calls allegedly continued in spite of Mr. Rafala’s documented verbal request to “stop calling me” and Mr. Rafala was allegedly informed that this number would not be removed from the auto-dialer rotation.
Weisberg & Meyers, Attorneys for Consumers, have handled thousands of debt collector complaints and have sued and successfully litigated many cases against collectors using the Fair Debt Collections Practices Act (FDCPA) and the Telephone Consumer Protection Act. According to Weisberg and Meyers consumer advocate Dennis Kurz, “A seemingly endless barrage of phone calls from a debt collector to your cell phone can be annoying, but the fact that the calls to Mr. Rafala were for an alleged debt for another consumer made the situation even worse.” Kurz, who manages the New York practice for Weisberg and Meyers added, “The FDCPA and the TCPA were enacted to protect consumers from harassment and illegal procedures debt collectors may use, and if it’s determined these calls were violations, the a consumer could be entitled to compensation in addition to cessation of the calls.”
The Law Firm of Weisberg & Meyers, Attorneys for Consumers, will handle cases involving FDCPA, TCPA and FCRA(Fair Credit Reporting Act) violations, Debt Settlement, Breach of Warranty, Lemon Law, Consumer Fraud and Class Action claims. Contact Weisberg & Meyers, LLC for a free consultation by calling 888-595-9111. Or visit http://www.AttorneysForConsumers.com and submit your information.
Source: PR Web
Protection projections: AG touts new consumer protection laws
Indiana Attorney General Greg Zoeller said a dozen new state laws that will kick into effect on July 1 will boost protection for Hoosier consumers. The new laws cover everything from child sex trafficking to annoying cellphone calls.
Read more on The Herald Bulletin
Canadian firm proposes class action against Sony to the tune of B in damages
A proposed class action lawsuit filed in Ontario, Canada against Sony over the PlayStation Network breach is shooting for the jackpot. The suit claims damages “in excess of billion” for the breach of consumer privacy, in part to cover the costs of credit monitoring and fraud insurance over two years for the estimated 1 million PSN and Qriocity users living in Canada. Toronto law firm …
Read more on Joystiq
CES 2011 – Consumer Electronics Show – Las Vegas, NV
Image by David Berkowitz
Consumer Electronics Show (CES) 2011 – Las Vegas, NV
(cc) David Berkowitz www.marketersstudio.com
 The Consumerist | ZYWICKI: Bureau of Consumer Protection must put consumers first Washington Times While those efforts are expected to fail in the Democratic-controlled Senate for now, there are several much-needed reforms Republicans could propose to further the bureau's consumer-protection mission while protecting consumers and small businesses … Republicans Revive Fight Over Consumer Watchdog Agency Democrats and Wall Street Senate Republicans vow to block any appointee to head consumer protection bureau |
 MainStreet | Senate GOP won't vote for consumer protection head KUSI AP National/International News AP Sports Video By JIM ABRAMS AP WASHINGTON (AP) – Almost every Senate Republican said Thursday they will vote against any Obama administration choice to head a new agency designed to protect consumers from harmful … Senate GOP won't vote for consumer protection head Democrats respond to GOP's Consumer Bureau threat Senate GOP won't vote for consumer protection head |
Consumer Product Safety Improvement Act
Image by Public Citizen
(Photo by Joe Newman)
For American consumers, this has been the year of living dangerously. A record number of product recalls this year and last — many involving dangerous toys — put American children and families at greater risk than ever before. But with the U.S. Senate passing the Consumer Product Safety Improvement Act Thursday night, after the House passed it Wednesday, there may finally be reason to think that things might get better.
Read more at Citizen Vox.
The law firms of Turner Law Offices, LLC and Arcadier & Associates, P.A. have filed a Class Action lawsuit against Defendant Portfolio Recovery Associates, LLC (“PRA”) in the United States District Court for the Middle District of Florida on behalf of all persons in the State of Florida who, since February 18, 2011, received a non-emergency telephone call from PRA to a cellular telephone through the use of an automatic telephone dialing system or an artificial or prerecorded voice and who did not provide prior express consent for such calls during the transaction that resulted in the debt owed. The action is captioned Karen Harvey et al. v. Portfolio Recovery Associates, LLC, and is numbered 6:11-CV-00582.
According to the Complaint, PRA violated the Telephone Consumer Protection Act (“TCPA”) by using automatic dialing systems and/or an artificial or prerecorded voice to contact cell phone users about purported debts without their prior consent. As described in the Complaint, Ms. Harvey, the named plaintiff in the action, was repeatedly contacted since February 18, 2011 on her cell phone about a purported credit card debt. The plaintiff never consented to those calls, nor did she provide PRA with her telephone number.
Under the TCPA, PRA could be ordered to pay attorneys’ fees, litigation expenses and costs of the lawsuit, and statutory damages of 0 for each negligent violation, and/or ,500 for each knowing and/or willing violation. According to the Complaint, the potential Class Members are estimated to number in the tens of thousands. Additionally, the complaint alleges collective damages exceeding five million dollars (,000,000).
The Attorneys who have filed the lawsuit have significant experience litigating high profile and collective action cases on behalf of consumers and plaintiffs. Henry A. Turner, Esq., MBA from Turner Law Offices, LLC concentrating in consumer rights litigation, is a trial attorney with twenty years of experience and has been successful in recovering millions of dollars for consumers including a ,950,000 Class Action Settlement with Pitney Bowes, Inc. in a case involving the Telephone Consumer Protection Act, Martin K. O’Toole et al. v. Pitney Bowes, Inc.; United State District Court for the Northern District of Georgia; Case No. 1:08-CV-1645.
Maurice Arcadier, Esq., MBA from Arcadier and Associates, P.A. is also an experienced trial attorney with 14 years of experience and board certified by the Florida Bar. Mr. Arcadier likewise brings class action experience and is currently co-counsel in a high profile collective action case against Florida Power and Light, Romero v. Florida Power and Light Company, Case No.: 6:09-cv-1401, in the Middle District of Florida.
Indeed, with the combined experience, background and resources of the Turner Law Office and Arcadier and Associates, many consumers in Georgia and Florida may receive protection from the unsolicited calls as well as ,500.00 for each call they received.
If there are any consumers who likewise have received unsolicited calls, they may contact any of the attorneys below. While the cases only address claims in Georgia and Florida at this time, the alleged violations may be occurring nationwide and any consumer who is experiencing the type of calls described above from Portfolio Recovery or other debt collectors are encouraged to contact the law offices below or an attorney of your choosing.
For further information please contact:
Henry A. Turner, Esq., MBA
TURNER LAW OFFICES, LLC
403 W. Ponce de Leon Avenue
Decatur, Georgia 30030
(404) 261-7787
hturner(at)tloffices(dot)com
http://www.tloffices.com
or
Maurice Arcadier, Esq., MBA
ARCADIER AND ASSOCIATES, P.A.
2815 W. New Haven, #304
Melbourne, Fl. 32904
T: 321-953-5998
F: 321-953-6075
arcadier(at)wamalaw(dot)com
http://www.wamalaw.com
When you read the phrase "lifetime warranty", what do you think it means?
I was certainly surprised after reading this Denver Post article describing how lifetime warranties may not last through the life of the product.
In fact, the fine print on a lifetime warranty may restrict it to a much shorter period.
Some states have established minimum lengths for ‘lifetime" warranties, according to the story. California has a minimum three-year rule, for example.
Maryland law does not define "lifetime" but calling a short-term warranty as a "lifetime" warranty would be a misrepresentation, no matter what disclaimers the manufacturer provides, said Karen Straughn, director of the mediation unit in the consumer protection division of the state attorney general’s office.
Have you ever filed a claim — successfully or otherwise — under a lifetime warranty? How much value do you place on warranties when shopping for a product? Please fill us in via the comments below.
Consuming Interests
Linens-n-Things Fraud
Image by ATIS547
close-up of product and receipt
UPDATE: Response from Linens-N-Things:
On behalf of Linens ‘n Things, I apologize for any behavior you found unprofessional or miscommunication you may have experienced. However, our managers are well versed in our ads and the interpretations of them. Again, I apologize for any inconvenience. Sincerely,
Jody Mege’
I would respond to Jody that the issue isn’t convenience, it’s fraud. Deceptive advertising isn’t inconvenient, it’s immoral and illegal.
This looks like fraud: At 4:30pm February 17, 2008, in Rohnert Park, CA, the Linens-n-Things manager — "Max" — claimed at the cash register that the 50% off deal did not apply to my "Shower "Curtain / Liner" because the "Shower Essentials" referred to in the ad and the store signs was the BRAND "Shower Essentials," and not just any shower essential. Max accompanied me back to the shower section, and was forced to confirm that there were no "Shower Essentials" branded items in the store. Since the advertising circular pictured here promises that we could "Choose from over 100 styles," it was clear even to Max that the offer was not so limited.
Then Max changed his story, and said that the 50% discount would be available only for a "shower curtain liner" which was the exact text on the store sign, or, if you believe the advertising circular pictured here, a "Liner." My item was called, as you can see above, a "Shower Curtain / Liner".
I asked Max if he honestly meant that my "Shower Curtain / Liner" was not a "Shower Curtain Liner"? He said that’s right. So I pointed to the next shelf up, which had a similar product called a "Shower Curtain or Liner" — was that, too, excluded from the offer for "Shower Curtain Liners"? Max confirmed that the discount could not apply to that product. Both the "Shower Curtain / Liner" and the "Shower Curtain or Liner" were literally within inches of the sign offering a discount on "Shower Curtain Liners."
Max would not let me take a photograph of the signs and products in juxtaposition. In fact, he threatened to have the police escort me out of the store if I took a photograph. So I asked whether Max would sign a statement asserting his position that I was ineligible to receive the promised discount because a "Shower Curtain / Liner" is not a "Shower Curtain Liner" or a "Liner." Max refused. I asked Max if he would tell me his last name. Max refused.
Well, you can see from the store receipt pictured here that Max and Linens-N-Things got the entire .99 out of my wallet, and kept for themselves the discount promised by the ad and the store sign. You know what’s really strange? I also asked at the register whether the 20% discount was available — it’s pictured in the flyer above, just to the left of the 50% offer. It says, "SAVE 20% — Entire Stock Metal Bath Acessries & Shower Curtains." Nope, said the cashier, that 20% discount isn’t available to you — it’s only for shower curtains, and what you have is a liner.
Strange but true. So, what do we have here?
A) Worst customer service ever?
B) Worst in-store experience ever?
C) Fraud?
D) Theft?
E) Violation of California Deceptive Trade Practices Act?
F) All of the above.
It is generally illegal to make false or misleading statements of fact concerning the reasons for, existence of, or amounts of price reductions.
It looks bad for Linens-n-Things, and for Max. We have at least two counts against each. Here is what California Business and Professions Code says, and I quote:
"17508. (a) It shall be unlawful for any person doing business in California and advertising to consumers in California to make any false or misleading advertising claim…"
"17500. It is unlawful…to… disseminate…any advertising device… which is untrue or misleading, or for any person…to so make…any such statement as part of a plan or scheme with the intent not to sell that personal property…so advertised at the price stated…. Any violation of the provisions of this section is a misdemeanor punishable by imprisonment in the county jail not exceeding six months, or by a fine not exceeding two thousand five hundred dollars (,500), or by both that imprisonment and fine."
"§ 17507. It is unlawful…if any price set forth in (an advertisement) does not clearly and conspicuously identify the article of merchandise or type of service to which it relates."
Full text of the flyer pictured above:
"buy one, get one 50% off. Entire Stock Shower Essentials, reg. .99-69.99. Choose from over 100 styles of:
* Liners
* Rods
* Tub Mats
* Suction
* Rings
* Shower Caddies"
"Save 20% Entire Stock Metal Bath Accessorites & Shower Curtains"
Budget cuts hurt consumer protection
WASHINGTON State and local consumer protection agencies around the country should pool their limited resources and start an advertising campaign called “Gotcha.” It could be much like the popular “Got Milk?” campaign. Only instead of milk-mustachioed celebrities pushing the benefits of that dairy product, everyday people could warn their fellow …
Read more on Richmond Times-Dispatch
Starwatch Consumer | VW Passat’s safety questioned; dubious insurance claim rising
Volkswagen Passat cars are being investigated by the National Highway Traffic Safety Administration for fires in the engine compartment that may be related to ignition-coil failures.
Read more on The Kansas City Star
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