by Chris Rief aka Spodie Odie

by mightyb

by James Callan

by Ninja M.

by cyrusrassool

by D.P. Rubino

by SA_Steve

by digitizedchaos

by legotech

Our Flickr Pool is the place where Consumerist readers go and upload photos for possible use in future Consumerist posts. Just be a registered Flickr user, go here, and click "Join Group?" up on the top right, and start hitting "send to group" on your individual photos you want to add to the pool.

Note that if you want them to have a shot at ending up on the Consumerist Friday post, you'll need to open up your sharing settings on your Flickr account so we can grab the HTML from the "Share This" tab. Sorry, but that's the only way to get Flickr and Consumerist to play with each other.

Add your shots to The Consumerist Flickr Pool, and perhaps they'll get featured in a future story, or even highlighted in a Friday Consumerist Flickr Pool Finds post. See previous winners of the Friday Consumerist Flickr Pool finds here.

To recap, Capital One told Andon to wait 30 days before calling in to request activation. When he followed their instructions and called back 30 days later, he was told that he had to have called 5 days earlier to activate it for that month. Then he was charged a late fee.

Andon sent the company an Email Executive Carpet Bomb, or EECB, explaining what happened. This was the result:

I would just like to let you know that I sent an EECB, and was contacted today by Greg at Capital One who worked out the problem for me. He said I was absolutely right about the problem with the first month of the Emergency Payment Protection (the whole waiting for thirty days since unemployment, but having to have called five days before the payment's due date,) and that there is actually a special exception program in order to address this, but that it just wasn't followed properly in this case. They were very understanding, and apologized for the inconvenience - all is well, now.

Congratulations, Andon! Remember, if the front line of customer service at a company refuses to see logic or reason, try to escalate it to higher levels. Frequently it's either a case of the CSR being powerless to help you, or a breakdown in training or communication.

RELATED
"Capital One Tricks Customer Into Not Activating Emergency Payment Protection Plan"

"Holiday Shipping Deadlines for Christmas 2009" [CouponSherpa] (Thanks to Jeff!)
(Photo: dierken)

(It's unclear whether the couple ever actually paid for the Bic lighters in question—the article only specifies that the footage shows they scanned the package of lighters but that the scanner didn't register it.)

The couple in question is gay and their sons are adopted, which may have introduced a whole new level of emotional reactions on both sides of the dispute. The men say their children told them that while they were being held in the security room, the security staff threatened the kids and "had made disparaging remarks about Paolucci and Hitchcock's lifestyle." It's not a stretch to imagine that such an attitude, if it existed, carried over into any face-to-face interactions. Meanwhile, the police who showed up and cuffed Paolucci, then forced the two men into the backs of different squad cars, claim that the men were causing a disturbance when they arrived at the scene.

Still, no amount of pro-gay or anti-gay outrage makes it okay for a retailer to place paying customers in such an abusive situation, especially when the retailer's own security footage—which was immediately available for review—shows that if there was any inventory issue it was due to a malfunction of the scanner. But Walmart can get away with it because it can afford to:

Asked if they intend to sue Wal-Mart, Paolucci said he and Hitchcock probably won't because other attorneys have advised them Wal-Mart historically "plays hardball" and isn't prone to settle cases out of court.

"We could spend a couple million dollars to sue them," Paolucci said.

But that doesn't mean there won't be court action. Paolucci and Hitchcock e-mailed The Tribune a copy of a letter from a law firm representing Wal-Mart seeking 10 times the retail price of the items the store still claims were shoplifted by Paolucci. The letter states the matter will be dropped if Paolucci submits the $158.40 payment.

Fortunately, the men seem to have enough money that they can afford to never shop at the discount retailer again, even if they weren't banned for life. If you're not part of a wealthy two-income family, though... well hopefully Walmart will look down favorably upon you when your post-checkout time comes, so long as you act contrite and respectful of their security team's authority.

(Oh yeah, now I remember why I don't want a Walmart anywhere near where I live.)

*Note: I originally reported the Walmart as being located in Niles, Illinois. However, the South Bend Tribune generally covers areas in Michigan and Indiana, and the couple lives in Buchanan, Michigan, which also has a Niles located nearby. I've updated the post to report the Walmart as being located in Niles, Michigan. -Chris

"Niles couple banned from Wal-Mart after dispute over BIC lighters" [South Bend Tribune] (Thanks to Shanon!)

RELATED
"Loomis Rent-A-Cops Have Shopper Cuffed, Hauled Away Over ATM Photo"
(Photo: Brave New Films)

The brothers told [6News reporter Rafael] Sanchez that they went to the gym Monday hoping to resolve the issue, but that their requests were rejected by the management at the facility.

[...]

"I'm wondering how more people are they going to do it to? After meeting two young gentlemen yesterday, they don't feel they've done anything wrong," said [brother] Pat Hannon. "They feel it's their right to get America fit."

So there you have it. Bally's wants the developmentally disabled to be physically fit. I don't see how that's a bad thing—we should all take care of our health—but it seems weird to target men and women who, you know, can't drive themselves to the gym they're joining. Maybe the two salesmen who showed up at the apartment—where "no soliciting" signs are posted—should agree to shuttle their new client back and forth whenever he feels like it.

Update: Bally's PR firm just contacted us with the following statement on behalf of the gym:

We regret that this incident occurred and have accordingly addressed the issue with the employees involved. It is common practice that we market our clubs with free trial passes to the local community but it is against our corporate policy to transport anyone to or from our facility. When our management found out about Mr. Hannon's disability, we immediately cancelled his membership and refunded all of his fees.

"Family: Gym Took Advantage Of Man With Disability" [WRTV Indianapolis] (Thanks to Becky!)
(Photo: geocam20000)

The 13-year-old indoor cat in Iowa was brought to the Lloyd Veterinary Medical Center at Iowa State University's College of Veterinary Medicine, where it tested positive for the H1N1 virus. ...

"Two of the three members of the family that owns the pet had suffered from influenza-like illness before the cat became ill," said IDPH Public Health Veterinarian, Dr. Ann Garvey. "This is not completely unexpected, as other strains of influenza have been found in cats in the past." Both the cat and its owners have recovered from their illnesses.

Perhaps this is the cue for pet stores across the country to set up displays of tiny paper masks and bottles of paw sanitizer.

Cat catches swine flu [Washington Post] (Thanks, Sarah!)
Protecting Pets from Illness [Iowa Department of Public Health]

(Photo: htby)

(Photo: Mini D)

We have to say we're not surprised by the results. We trust that Campbell's understands chicken soup manufacturing.

Let Jesse Buy It: Noodles [KING 5] (Thanks,Cherise!)

Storm8 makes games like Vampires Live and iMobsters, that operate very similar to the popular Facebook game "Mafia Wars," including letting you spend real money to get better weapons and more energy in the game. Many of Storm8's titles are top iPhone game app downloads, probably because each game says that you can get extra points in it if you download one of their other games.

BoingBoing reports that the number harvesting was hidden until the company noted it in August, chalking it up as a bug. However, the lawsuits says that only "very specific and specialized software code" could do that. Storm8 has not returned BoingBoing's requests for comment.

Lawsuit text (PDF)

iPhone game dev accused of stealing players' phone numbers [BoingBoing] (Photo: Cаvin 〄)

As a follow-up to the Starbucks post, we received a couple emails from employees who told us that Starbucks begins using the red cups typically on the first Tuesday of November, but doesn't start offering the peppermint mocha and all that stuff until later-November 17, according to one tipster.

(Photo: TMQ.st.louis)

Staring back up from her preparations for Sunday dinner was a whole dead frog, an unwelcome interloper who arrived via a bag of Glory Mustard Greens. "I hate frogs," said Carla.

Walmart said they are going to work with the manufacturer and refund the customer's money.

Carla plans on getting her salad from a different source in the future. "The next greens I eat will be growing in my garden outside," she told UPI.

Check out the video on Digital Journal.

From The Awl:

But the most egregious claim Wilson makes about Penneys with regard to fatness is "[JC Penney] has the most obese mannequins I have ever seen." The "I have ever seen" clause in that statement is the one thing that prevents me from declaring this outright slander. In my time at Penneys, I never saw a mannequin that looked appreciably different from any other mannequin that I have ever seen. They were all rather tall and skinny-you know, like mannequins are.

Yeah, we sort of thought so. The article also includes a fun round-up of instances in which Ms. Wilson uses the word "fat." Enjoy.

Real America with Abe Sauer: A Visit to New York City's JC Penney [The Awl]

PREVIOUSLY: J.C. Penney In Manhattan Harbinger Of Fashion Apocalypse, Fat Suburbanites
New York Times Wishes It Had Not Published "Snotty" JC Penney Review

Some companies sell items saying that a "portion" or "share" goes to a charitable organization, but the actual percentage is not covered in any specific contract between them and the charity, or governed by disclosure requirements. This disturbing lack of transparency opens the door to companies that want to use the charity angle as a marketing hook, without passing on much in the way of bucks to the actual charities. For instance, the supposed recipients of charity dollars in an embedded giving campaign in a Barney's catalog only found out they were beneficiaries after the NYT talked to them.

If you really want to help out, donate directly to the charity. You can use a site like Charity Navigator to make sure that most of your money goes to the cause, and not the corporate coffers.

The 2009 Embedded Giving Challenge [Philanthropy 2173] (Thanks to C-side!) (Photo: thelearnr)

The LA Times says:

The price cuts are welcome news for movie studios because it could spur demand in a year of flagging DVD sales. The wholesale price paid by Walmart and its competitors remains unchanged at about $18, meaning studios will make the same profit despite the discounting.

It's normal for retailers like Walmart to price DVDs below their wholesale cost at stores and online to draw customers who often spend more money on other items.

Although discounting is not unusual for Walmart and Target, the new $10 price means the retailers will incur a big loss on each sale.

It comes as the two companies and Amazon engage in a price war over books that has driven down the price of some hardcovers to $9.

Will these new unsustainably low prices get you to skip Redbox or Netflix and actually buy a DVD?

Walmart, Target slash online prices of popular DVDs [LA Times]

Apparently he also had insurance, and the hospital should have sent the bill to his insurer.

"I can't believe that in any country besides the U.S., any civilized country, that the parents of a murdered boy would receive this bill for $29,000 and such an insulting letter," Gerald Hawkins, the victim's father, told ABC 10 in Sacramento, CA.

The bill in question was for "five minutes in [the hospital's] emergency room," says ABC 10, who tried to assess why 5 minutes could cost $29,000.

Scott Seamons with the California Hospital Council said the critical response to Hawkins is what cost the most. He said UC Davis is a Level 1 Trauma Center, which means the best and most expensive doctors were waiting for Scott.

"Whether it was five minutes or 55 minutes doesn't really matter in the initial review and assessment of the patient," he said.

Trauma surgeons, nurses, technicians and more had to treat Scott before they realized they couldn't help, according to Seamons.

"They're all right there," he said. "And those are highly trained, highly specialized and highly paid clinical experts. Clearly in the aftermath, in hindsight, they looked at it and determined there was probably less need for that, but in the first five minutes all of those resources were right there at the side of this patient, and they cost a lot of money."

ABC 10 says that the letter included with the bill instructed the deceased to take his health care needs to a county clinic in the future. The hospital has apologized.

Why was Murdered Sac State Student's ER Bill So High? [News 10]
Slain Sac State Student's Parents Stunned by Hospital Bill, Letter [News 10]

9. There are very few aspects of your life that cannot be changed.
8. Karma always comes around.
7. The more time you spend improving and educating yourself, the better your personal and financial life will be.
6. Blaming others for your problems is a dead-end road.
5. The fewer unsupportive people you have in your life, the better off you are.
4. The more supportive people you have in your life, the better off you are.
3. The most valuable resource in the world isn't money, it's time.
2. The second most important part of personal finance is setting clear, concrete goals.
1. The single most important part of personal finance is truly knowing yourself.

Pretty meta, but once you think about it, it's our choices and behaviors and lifestyle that have the biggest impact on our bank account, rather than getting the one with the best APR or being the super-best at using online coupons.

Do you agree with this list? Is there anything you would add or take away?

The Ten Most Important Things I've Learned About Money and Life Since Starting The Simple Dollar [The Simple Dollar] (Photo: sawyer87)

"Extended Unemployment Benefits: F.A.Q." [New York Times]
(Photo: Kapungo and laurenatclemson)

If you're interested in statistics the Bureau has another one that you might like. The employment-to-population ratio calculates the proportion of the country's working-age population that is employed. Currently, our employment-to-population ratio is at 58.5%. Wikipedia tells us that a "high" ratio would be around 70%.

There's also something called the "underemployment" rate, which tracks part-time workers and those who have simply given up. This rate is currently at 17.5%, says the NYT.

As far as industries go, if you're in construction and manufacturing, you're in trouble. Manufacturing in particular has lost 2.1 million jobs in just the last 2 years.

Heath care, however, is doing fine. The Bureau of Labor Statistics tells us that since the recession began, heath care has added 597,000 jobs.

The news is most grim if you're a teenager: 27.6% of teenagers who are looking for work are unable to find it.

Here's a scary/depressing graph:

Employment Situation Summary [Bureau of Labor Statistics]
U.S. Unemployment Rate Hits 10.2%, Highest in 26 Years [NYT]
(Photo:Jay Adan)

54. If there is a prix fixe, let guests know about it. Do not force anyone to ask for the "special" menu.

58. Do not bring judgment with the ketchup. Or mustard. Or hot sauce. Or whatever condiment is requested.

62. Do not fill the water glass every two minutes, or after each sip. You'll make people nervous.

62(a). Do not let a glass sit empty for too long.

64. Specials, spoken and printed, should always have prices.

67. Never stack the plates on the table. They make a racket. Shhhhhh.

70. Never deliver a hot plate without warning the guest. And never ask a guest to pass along that hot plate.

78. Do not ask, "Are you still working on that?" Dining is not work - until questions like this are asked.

82. If you drip or spill something, clean it up, replace it, offer to pay for whatever damage you may have caused. Refrain from touching the wet spots on the guest.

85. Never bring a check until someone asks for it. Then give it to the person who asked for it.

86. If a few people signal for the check, find a neutral place on the table to leave it.

90. If someone is getting agitated or effusive on a cellphone, politely suggest he keep it down or move away from other guests.

PREVIOUSLY: 50 Things Restaurant Staffers Should Never Do

100 Things Restaurant Staffers Should Never Do (Part 2) [NYT]
100 Things Restaurant Staffers Should Never Do (Part 1) [NYT]
(Photo:Mike Fleming)

After taking a road trip in Maine, Peter and his wife were charged more than $1,000 for an 8-day rental — more than twice the rate they agreed to — having been dinged for 40 cents a mile. Peter said patience and persistence helped him to get National to honor the unlimited mileage deal he signed up for.

On his blog Bible Money Matters he writes:

After going back and forth for what seemed like an eternity (10 minutes?), the desk agent's supervisor came out. We explained our situation again, and how it would make no sense for us to rent a car for a long trip without having unlimited free mileage (like we signed up for). It must have been an issue with the rental agency's computer system not noting our complete deal?

After talking with the supervisor for another 10 minutes, showing her the paperwork that we still had, and explaining what contract code we were using, she was able to confirm that the deal we had signed up for was legit. To her credit, and to National Car Rental's credit, she apologized for the problem, and found a way to write up the transaction that allowed us to pay what we had signed up for from the start.

It's wise to read car rental contracts closely before you hit the road, then examine charges on your bill when you return the car. Peter seems to have made the right play by neither flipping out and causing a scene nor paying the ridiculous bill and hoping to get his money back afterward.

Does anyone have any comparable rental car horror stories or near misses?

When Getting Great Deals On The Things You Buy, Make Sure You're Actually Getting The Deal [Bible Money Matters]

Winners include my full-time childhood caretaker, the Nintendo Entertainment System, the creepy stalker known as Furby and adorable, overfed Cabbage Patch Kids.

There's even room for a weird dog on wheels that used to please kids of the 1920s, back before fun was invented. But no Slinky, because it lacked dog, wood, wheels and the ability to play Tecmo Bowl.

Them, of course, be debatin' words. So let's have it, commenters — what's your favorite toy ever?

The Best Toys of All Time [Yahoo, via Kotaku]
(Photo: Yahoo)

"We wanted to remind people how the soup they love more than any other is full of the stuff they love most," Eric Christianson, business director — Campbell's condensed soups, said in a statement. "Our TV commercial, 'Slurp,' as well as our print ads, use the billboard and giant noodle imagery to drive home the value we offer in each can. It just made sense to bring that same idea to life with a real billboard above one of the busiest intersections in the world."

Campbell's estimates 1.5 million people will see the billboard over the next four weeks. Its 2009 soup season campaign is titled "Slurp," which sounds sort of gross and certainly lacks the smoothness of Don Draper's "Toasted" cigarette ad push.

Campbell Wants to Show You Just How Long Its Noodles Are [AdvertisingAge]
(Photo: edEx)
(Thanks, NORMLgirl!)

If you've got a Netflix subscription and a PS3, click on this link and Netflix will get a disc out to you for free. There's no need to prove you've got a PS3. Netflix trusts you.

Sometime next year you'll be able to download a PS3 program that does away with the need for the disc, so at that point you'll be able to try and sell it on eBay to stupid people.

Instant Streaming Disc [Netflix, via Joystiq]
(Photo: Netflix)

The short version: Jeremy Keith's blog was accidentally lumped into a list of blogs being reported to Google for mentioning pirate copies of PerfectPitch, and Boucherle apologizes for the mistake.

Here's what he sent us (I've added the links):

Official Statement from PerfectPitch.com

Re: Google DMCA Removal of a Blog Page

To All Readers:

Here at PerfectPitch.com we made a big mistake.

We instructed Google to block a blog site managed by Jeremy Keith, citing that they were in violation of the Digital Millennium Copyrights Act (DMCA). As per our request, Google did indeed remove this page from their search listings.

We wish to formally apologize to Mr. Keith and his bloggers for this mistake, for which we are deeply regretful.

Please understand that we had no intention whatsoever to suppress the speech on Mr. Keith's page. Please know that we are ardent supporters and advocates of free speech for everyone.

We recognize this was a careless error, and there is really no excuse for this. Nevertheless, please permit us a moment to explain.

Here's what happened:

We were actually submitting to Google a list of sites that were illegally distributing copies of our copyrighted intellectual property. We of course have every right to request that Google have these sites removed from their search engine results because we believe these sites violate the DMCA, which prohibits the illegal distribution of copyrighted materials over the internet.

To our shock and horror, an employee of ours mistakenly included Mr. Keith's site in our list, merely because it made a reference to illegal copies of our course. Naturally, this is not grounds for removal of this page at Google. Our intention was only to remove actual pages where the course is being illegally distributed, and not any pages of free speech, such as Mr. Keith's blog. This was a misjudgment and error on our employee's side, and on behalf of our company, we sincerely apologize.

This event has never happened to us before when reporting illegal distribution of our materials. Please rest assured that we will redouble our efforts to ensure this never happens again.

We have requested that Google immediately reinstate this page in their search results, along with our apology to Google as well.

Again, please accept our sincere regrets for this goof.

Happy blogging, everyone.

Sincerely yours,
Gary Boucherle
PerfectPitch.com

Keith over at Adactio has posted a follow-up report, which includes part of another email from Boucherle that explains what happened in greater detail

Periodically we've contacted Google to submit the following complaint:

We believe our copyrighted works have been illegally copied and made available for free download at the web sites listed below

The following URL was one of hundreds of URLS (mostly torrent sites) found with the Google search terms Burge+Pitch+Torrent:

http://www.thesession.org/discussions/display/21250

While we try to check every URL to make sure it either contains torrents, or is a torrent file sharing site (not the case with this site), it was included with our complaint inadvertently.

Keith says he then had a phone call with Boucherle where they discussed things like takedown notices and using the DMCA to protect your copyright, and how it can blow up in the aggressor's face if used incorrectly:

I subsequently had a phone conversation with Gary and he was quite contrite about his actions—although he did try to claim that the mere mention of torrents in an online discussion might be justification for a take down (a completely indefensible attitude).

The more I talked to him, the more I realised that he simply had no idea about the DMCA. He was completely oblivious to the potential consequences of his actions were he to lose a counter-claim in court.

Gary Bourcherle abused a piece of extremely poor legislation in a scattergun approach without even understanding what he was doing.

About that counter-claim example: Diebold was found to have violated section 512(f) of the DMCA, and ordered to pay $125,000 in damages and fees—which is something you may want to point out to anyone who misuses the DMCA against your own online content in the future.

"Burge Pitch Torrent " [Adactio]

RELATED
"How To Protect Yourself From Takedown Notices"
(Meerkat illustrations of how to reject a hug: Valerie Everett)

Automobiles
• Buy.com: [Tire Gauge] Accutire Mechanical Tire Gauge w/ Backlight & Set-point $11 + free shipping

Clothing
• American Eagle Outfitters: [Apparel] American Eagle Outfitters Coupon Code 15% off Sitewide w/ PayPal
• Banana Republic: [Apparel] New Banana Republic Coupon Code 25% off $100+
• Puma : [First Class Running Suits] 30% Off Entire Online Purchase or 20% Off In-Store Purchase w/ Coupon FANDF0911 + Printable

Computers and Electronics
• Epson Store: [Printers] Epson Store Coupon Code $5-$50 off (Epson Artisan 800 All-in-One Printer w/ Wifi, Duplex $119.99)
• OneCall: [HDTVs] Get a Free TiVo HD XL DVR with select Samsung HDTVs
• Amazon: [Digital Camera] Kodak EasyShare V1073 10MP Camera $120 + free shipping


• Buy.com : [Monitor] Compaq 20'' Widescreen LCD Monitor (Refurbished) for $109.99 w/ Free Shipping
• Newegg : [Headset] LG Bluetooth Headset for $13.99 w/ Free Shipping
• Amazon : [Digital Camera] Kodak EasyShare 10MP Digital Camera + 55 Free Prints From Shutterfly for $69.99 w/ Free Shipping

Entertainment
• Old Navy: [Video Games] Free LEGO Rock Band video game with $20 purchase while supplies last, November 27th only (Black Friday)
• Amazon : [Magazine] National Geographic Magazine 1-Year Subscription for $10
• Amazon : [Game] The Beatles Rock Band Value Edition for $99.99 w/ Free Shipping


• Amazon : [TV Series] The Greatest American Hero - The Complete Series w/ Bonus Cape + Instruction Manual for $65.99 w/ Free Shipping
• Walmart: [DVDs] DVD preorders at Walmart for $10 + free shipping: Star Trek, Harry Potter, more

Food
• Silk : [Grocery] 75 Cents Off Silk Soymilk w/ Coupon - Printable
• The Cheesecake Factory : [Food] $5 Off 10" Cheesecake w/ Coupon CAKE5

Office Supplies
• OfficeDepot: [Office Supplies] 1,000 Full-Color Custom Business Cards for $3 + free shipping

Toys
• Walmart: [Toys] LeapFrog Learn & Groove Musical Table (blue or pink) $19

Travel
• Travelocity: [Airfare] United Airlines round-trip flights from $103 via Travelocity
• Travelocity: [Vacations] Travelocity deals: Virgin America 1-way flights from $49, more

Morning Deals are purely an informational service for the readers. Consumerist receives nothing in exchange for their posting.
If you have a tip for Morning Deals, send it to tips@consumerist.com, and be sure to put "morning deals" in the subject line.

Back in March we reported two tips. One was from a Borders employee who said they were getting rid of the CD and DVD sections in some stores. The other was from the owner of a small music label who said his distributor had cut off shipments to Borders once for nonpayment and that the labels would have to agree to not hold the distributor "liable on any future shipments to Borders in case they file for bankruptcy."

So, while that was an overstatement it was clear they were in some kind of trouble. Anyway, kind of sad. I like books.

Borders to Close 200 Walden Outlets in January [Publishers Weekly] (Photo: Infrogmation) (Thanks to Meg!)

PREVIOUSLY: Is Borders About To Go Under?
Is Borders Shrinking Its CD And DVD Sections?
Borders' has fired their CEO and replaced him with an Amazon Kindle

Once the vet joins, their spouse and children are eligible for membership as well.

Here's the official word on who can join now:

Military personnel

* All current members of the U.S. Armed Forces, active duty, Guard and reserve, as well as those who retired or honorably separated in the past, regardless of dates or branch of service (Army, Air Force, Navy, Marine Corps and Coast Guard).
* Cadets, midshipmen, and officer or warrant officer candidates in government-sponsored programs leading to a commission.

Family members

* Adult children, widow(er)s, and un-remarried former spouses of USAA members.
* Widow(er)s of officer and enlisted personnel who were killed in action while eligible.

USAA wins rave reviews because of it's awesome customer service and because they don't try to rip people off. Also, they let you deposit checks by taking a picture with your iPhone or scanning and uploading them.

Even if you don't qualify based on the above, you can still take advantage of USAA's basic checking and savings services.

[Press Release] (Photo: hectorir) (Thanks to Chad!)

Treehugger's Lyod Alter is selling his one-of-a-kind miniHome Solo prototype for $100,000. Whether your trailer park is urban or of the more traditional variety, you can live off the grid in environmentally-friendly style.

In a related story, people are also selling their houses so they can live off the grid in converted shipping containers, CR Home and Garden blog reports.

For Sale: Sustain Minihome Prototype [Lyod Alter via Curbly]

What you're doing is actually settling the debt for less than you owe. As such, the lender will probably report the debt as "settled" rather than paid. Often it's more important to get the debt off your back than to maintain a pristine credit score, but you should just be aware you might incur a ding. But don't let that stop you from getting debt-free if that's what it takes!

Negotiating reduced payments can hurt credit scores [Ask Max] (Photo: Colin Tobin)

According to Macworld,

BlueBeat's lawyers claim that the Website is "entirely lawful and does not constitute piracy" and that the plaintiffs are not likely to succeed. Also, the plaintiffs are well aware that the defendants "developed a series of entirely new and original sounds that it allows the general public to purchase" and that "copyright protection does not extend to the independant fixation of sounds other than those contained in their copyrighted recordings."

Macworld points out that even if this were a sane argument that was remotely believable, BlueBeat sells their so-called knockoff Beatles tracks as real Beatles tracks, complete with "album title, track titles, record label, and release date." I just hope BlueBeat presents some sort of online demo of what "psycho-acoustic simulation" entails, so I can duplicate it at home and create my own music store.

Update, Friday Nov 6th: The judge has ordered Bluebeat to stop selling the Beatles tracks at once. (Thanks to sakanagai!)

"BlueBeat says Beatles songs are its own creations" [Macworld]

From ABC News:

The Toyota denial comes after U.S. highway safety officials rebuked the company for falsely claiming government inspectors had found "no defects exist" in the suspect cars other than loose floor mats.

[...]

"This matter is not closed," said a statement issued by the Department of Transportation and the National Highway Traffic Safety Administration (NHTSA). "Removal of the floor mats is simply an interim measure, not a remedy of the underlying defect in the vehicles."

The article points out that some of the 2,000 complaints in the U.S. over suddenly accelerating Toyotas involved cars that didn't have the recalled mats, or that didn't have floor mats at all, which seems to hint that there could be something else behind the problem. But so far, federal inspectors haven't been able to identify another cause, either.

ABC News has put together a collection of articles about the runaway cars, including interviews with drivers who were involved in sudden acceleration crashes, and advice (some of it from our own Consumer Reports) on what to do if you find yourself in a similar situation. For instance, as they describe in-depth on their blog and with video, don't pump the brakes!

"Toyota Executive Denies "Cover Up" In Probe of Runaway Cars" [ABC News]
Toyota recall and investigation is not over, yet [CR Cars Blog]

Looking back through the site and our tipline, we have a couple of data points for when Starbucks first rolls out the Christmas stuff:

An unposted email from last year has a reader who found holiday-themed cups and music at Starbucks on the 4th. He asked the barista if she thought it was weird, and was told they had just rolled out the Christmas cheer that day.

Two years ago, we posted that Starbucks was using the Christmas goods on November 8th.

That's a little earlier each year. Although they're different stores and there's no indication that the day they were spotted is the day they were rolled out, we're assuming that people who visit coffee shops probably do so pretty regularly, and would have noticed and written in earlier if they'd seen Christmas creep earlier. Starbucks is a big chain, so if we can get some more data from other years and stores, maybe we could eventually track Christmas Creep, a la the Big Mac Index. So, readers, if you have any definite dates for when you've seen Christmas creep at Starbucks from past years or this year, or if you can remind yourself to check things out at the end of next October, send in your findings.

[Original post follows:]
Here's another example of a company misusing the law to try to hide or remove third-party commentary about its services. This time it's a website called PerfectPitch.com, and its owner Gary Boucherle of American Educational Music, Inc. apparently doesn't like it when anyone talks about the product without his permission.

Jeremy Keith of the blog Adactio says he received a notice from Google two days ago that the search engine was removing all links to a post where PerfectPitch was mentioned by a commenter. The reason Google provided: "Somone has filed a DMCA complaint against your site."

Keith posted the offending comment from the original thread on his other blog, The Session, which I'll repost below:

I think that is referring to www.PerfectPitch.com. I'm not saying anything about such commercially-oriented courses because I don't know them, but I think we'd all be wise to bear in mind the general comments voiced in the first two posts on this thread.

Because that comment is so innocuous, Keith is wondering if Boucherle wanted it gone because he thought it was criticism, or if really he's just trying to force his own site to the top of the Google search results page by abusing the DMCA to get other results kicked off. Either way, it's not a legitimate use of the DMCA. Or as Keith puts it:

The Session has pretty good Google juice. The markup is pretty lean, the content is semantically structured and there's plenty of inbound links. Could it be that the owner of perfectpitch.com sent a DMCA complaint to Google simply because another site was getting higher rankings for the phrase "perfect pitch"? If so, then that's a whole new level of SEO snake-oilery.

Blog post on 'PerfectPitch' Takedown Notice [Adactio via Techdirt]
"Perfect Pitch" [The Session]

RELATED
"PerfectPitch Owner Apologizes For DMCA Notice, Explains What Happened"
(Photo: Chesi - Fotos CC)

The $39.6 million should be returned to customers by January of next year. The Commission also ordered the energy company to start refunding about $73 million from the sale of its Palisades Nuclear Plant, but there's no timetable on that.

"Consumers must refund about $39M to customers" [Jackson-Citizen Patriot]
(Photo: tsmall)

According to The Boston Globe, Comcast has:

...a corporate philosophy that aims to have even its subscribers love the cable giant as much as workers do. The underlying principle is simple: Happy employees make happy customers. "Everything is delivered through our employees," said Stephen L. Hackley, senior vice president for the Greater Boston region. "If employees are satisfied and happy, it comes through on the phones, it comes through in the field. They are the difference makers."

Some of those cheerful "difference makers" gushed to the Globe about their great jobs — and about how great it is to be serving those happy customers. "I have more freedom and more responsibility, and as long as I don't make any mistakes, no one is on my back," said James Mendes, a field technician. "I'm allowed to fix all the problems and make the customer happy. I've never been happier."

The Globe recently named Comcast, which has 4,000 employees in Massachusetts, the top place to work in the state. The cable giant beat out employers like Harmonix Music, which makes a little game called Rock Band, and Google, which gives all employees FREE FOOD — because of little things like a 401k match, flexible shifts, and policies that encourage them to become "discerning consumer advocates." We assume the free porn and comfy customer couches are just icing on the happy, happy cake.

A cable company that listens [The Boston Globe]

(Photo: Eli Hodapp)

(Thanks, Jimmy!)

Stephanie says:

Mark (my brother) reviewed the sandwich at a Perkins in Madison Wisconsin. He was sorely disappointed when the sandwich looked completely different than the picture on the menu (they used regular grilled bread instead of the French baguette). He posted the negative review of the Perkins French Dip on his blog on November 1st. The next day, someone claiming to be a Perkins regional manager left a comment on the blog urging Mark to call him and let him fix the situation. He called the number and was quickly put in touch with Jon Sanborn, the Perkins regional manager. Jon investigated the bread situation, offered Mark a gift certificate, and invited him to come back and re-review the sandwich the next time he was in Madison. Equally impressive was that there was no mention of taking the review down or altering its contents.

I find it amazing that Perkins would seek out my brother and try to ascertain what went wrong with his dining experience, especially considering the blog currently has only 15 followers and I doubt a negative review would stop any of us from going to Perkins in the future.

Anyway, it turns out that the Perkins was out of the correct bread at the time and someone should have asked if regular bread was OK.

Here's how our French Dip expert describes Perkins' response:

Mr. Sanborn was apologetic for what had happened and wanted to make it up to me. So he told me that he would mail me a Perkins gift certificate! Please realize, Perkins found me out to make this situation right, I did not complain to them. If this indicative of how their franchise is run, all I can say is, "Thank you, Perkins, for putting the customer first." About how to use my compensation, fret not faithful readers, this gift certificate will only go back into purchasing more French dips for ingestion and judging, as I wish not to profit from the deeds I undertake selflessly reviewing everyone's favorite sandwiches of perfect harmony.

I informed Mr. Sanborn that in late January I would be in Madison again, and that I would love to review the same Perkins' French dip again. He told me that he doesn't really care what I do with my blog, just that he wants me to be happy.

Perkins Restaurant and Bakery at 5237 University Ave Madison, WI 53705 [The French Dip Review]
Update: The Perkins French Dip Review of November 1, 2009 and Jon Sanborn [The French Dip Review]

Reader Costner says:

Attached are two images taken the same day in the same Target. The two products are literally inches apart from one another, but one is $4.79 for the 80 count Lysol wipes while the other is $4.79 for the 110 count Lysol wipes. Now I'm not real strong at math, but I'm guessing the 110 count just might be a better deal. The sad part was the 110 count appeared to be full while the space holding the 80 count was partially empty.

...I opted to buy the 110 count version which actually rang up at the correct price of $4.79.

Ford Unveils New Car For Cash-Strapped Buyers: The 1993 Taurus