Under a Chowhound post titled "Nectarine Dessert at Zuni Is Just That," the poster praised Zuni's "ethos of simplicity in flavors and cooking," but thought that this was going too far. We agree. It's no $55 mac and cheese, but it seems a bit ridiculous to charge $8 for a piece of fruit that isn't a mangosteen.

UPDATE: Commenter Michael Belisle writes that someone from Zuni left a comment on a message board claiming the nectarine should have only been $4.50, which is less ludicrous, although still fairly pricey for a food whose only preparation was putting it on a plate. Thanks, Michael!
Nectarine Dessert At Zuni Is Just That [Chowhound via Serious Eats]

A representative of Lettuce Entertain You denies Franz's allegations, but documents filed with Franz's lawsuit indicate that a pathologist found that the tapeworm could have only come from undercooked fish.

Man Says 9-Foot Tapeworm Came From Undercooked Salmon Salad [Chicago Sun-Times]

Thanks to Mark!

Check out the full set here (caption has a bad word).
Have you seen some Christmas Creep? Tell us about it at tips@consumerist.com.

The relevant press release reads, in part:

iPhone 3G will be available for $199 for the 8GB model and $299 for the 16GB model. These prices require two-year contracts and are available to the following customers:
* iPhone customers who purchased before July 11
* Customers activating a new line with AT&T
* Current AT&T customers who are eligible, at the time of purchase, for an upgrade discount

Rom writes that he purchased an iPhone earlier in the year, and that he also purchased a BlackBerry from AT&T. After speaking with someone in the president's office, he says that the point of contention is that AT&T is interpreting "iPhone customers who purchased before July 11" as "iPhone customers who purchased before July 11 and haven't bought another device from AT&T since." Although Rom concedes that the purchase of the BlackBerry eliminated his upgrade eligibility, he still is an iPhone customer, and should be entitled to the promotional price.

(Photo: jetsetpress)

Zack writes:

OK, I'll try and make this a quick summary. I called GE with a problem with my 11 week out of warranty washer machine on August 4th. Long story short, I get forwarded to customer relations, who tells me that as a courtesy a technician will be sent out the following week, on the 11th. I get immediately suspicious and ask that he will in fact fix the washer, as I thought this might just be a courtesy diagnostic to tell me the true cost of repair. No, she said that it would be a full repair.

A week later, on the 11th, a technician comes and immediately determines that the motor and lid switch need replacing. He says that there is no courtesy credit to my account, and calls in to confirm that yes, they will not repair the washer for less than $175. I decline, it is a $400 washer give or take and I don't want to throw good money after bad. I talk to customer service with the technician there to confirm that the previous weeks technician did not in fact fill out the correct form to give me the free repair. I am informed those forms can no longer be filled out. So be it, I am where I was last week, no big deal.

The problem comes as the technician leaves. He tells me that I will be charged $99 for the visit. To make it clear, the first time out of several phone calls and speaking to several people I am informed of the charge is as the guy is leaving. I tell him to leave the property immediately, and he does.

I call GE, and they say that they will not remove the charge. I never would have consented to it, it was said that this would be a courtesy call for which I expected there would be no charge at all. They have already threatened to send this to collections. One representative said it doesn't matter if I was not informed of the charge as, and I quote this, "I should have been aware of the service charge already." I will be filing complaints to the BBB and NY Consumer Protection Board, but is there anything else I can do to not have to pay $99 to get my credit out in the clear?

We'd suggest getting in touch with someone higher up at GE to see if they can resolve this.

(Photo: silent (e))

Pictured above is the triple hook, although there's a whole series. For instance, the toilet paper holder:
Are we reading too much into this? Regardless, we're buying the whole set, along with the signed Vonnegut print, and making the best bathroom ever.

Other findings by the Times and CSPI:

• Unless you consume more than 575 milligrams, caffeinated drinks don't actually make you pee more.
• Coffee does not increase the risk of heart disease or cancer
• Even though it stimulates the metabolism, caffeine does not increase weight loss. It does aid exercise, however, by dulling pain and stimulating the body to burn fat instead of carbohydrates.

Sorting Out Coffee's Contradictions [NYT]
Caffeine Chart [Center for Science in the Public Interest]
(Photo: AutumnRedux)

Perhaps surprisingly, some of the items at Whole Foods are competitively priced. The Times compared the prices of items at Whole Foods, Trader Joe's, and ShopRite (a typical grocery store in the Northeast). They found that the basic items at Whole Foods—like organic milk, organic carrots, cage free eggs, and natural peanut butter—were lower or comparatively priced. As for the budget tours, Whole Foods advises customers to buy items on sale, and stock up on $1.50 tofu.

Whole Foods Looks for a Fresh Image in Lean Times [NYT]
(Photo: Adam Lawrence)

There's a lot of information below, so here is an executive summary:

• Regardless of who the merchant uses to process credit card transactions, merchants that add a surcharge or require a minimum purchase to accept a Visa or MasterCard credit or debit card are violating their merchant agreement, and you should report them to the bank that issued your card.
• American Express does not forbid minimum purchase requirements, but they require parity with the other credit cards, so a minimum purchase requirement just for American Express, but not for Visa, is not allowed. American Express does not allow surcharges, unless they are assessed as a convenience fee...
• Convenience fees are allowable surcharges for specific types of payments, generally to schools and government entities (like taxes or fines).
• Asking for ID is not prohibited, but refusal to show ID cannot, by itself, be a reason for the merchant to halt the transaction.

Does this only apply to credit cards? What about when I use my [Visa, MasterCard, American Express]-branded debit card?

We've mentioned this before, but it's worth repeating: the merchant agreement applies to a consumer who uses a debit card with a major credit card company's logo on it, regardless of whether he signs it or uses a PIN. Note that this is for things like minimum purchases, surcharges, and requests for ID; a credit card often offers additional consumer protections for chargebacks, warranty extensions, and buyers assurance plans.

What's the deal with third-party processors?

After we posted about a McDonald's adding 25¢ to credit/debit card purchases, commenter Corporate Shill wrote in to tell us that many small businesses, like bars, use a third-party credit card processor to offset the expenses of purchasing credit card terminals and accepting different cards:

3rd Party CC Processing Companies offer Merchant Bank services to small businesses that cannot afford to offer CC services to their customers, or to businesses that have been denied CC processing by Merchant Bank.

(In simple legal terms the 3rd Party Companies will act as a straw man between the Merchant Bank and the business that actually accepts the CC from the customer.)

In addition to offering Merchant Bank services the 3rd Party CC Processing Company will often provide the data terminals and supporting equipment at a very low cost or even free to their clients. The data terminals, because they are accessing the 3rd Party network rather than an actual Merchant Bank network, can be programmed to accept an even wider variety of CC's and perform other functions, such as check clearing.

We asked the credit card companies whether a merchant that contracts with a third-party processor still has to adhere to the merchant agreement: MasterCard simply said "Yes," and American Express said that these merchants still sign a contract with the credit card company regardless of how they sign up for card acceptance. Corporate Shill disputes this, saying that using a third-party processor does not require the merchant to sign an agreement with the credit card companies, but the companies, at least American Express, disagree.

Are government and educational entities exempt from these rules? What is the exception for convenience fees?

MasterCard says:

We allow a "convenience" to be charged by certain educational institutions and public sector merchants, including:

• Elementary and secondary schools for tuition and related fees, and school-maintained room and board
• Colleges, universities, professional schools, and junior colleges for tuition and related fees, and school-maintained room and board
• Local, state, and federal courts of law that administer and process court fees, alimony, and child support payments
• Government entities that administer and process local, state, and federal fines
• Local, state, and federal entities that engage in financial administration and taxation
• Government Services; merchants that provide general support services for the government

In addition, a merchant is permitted to charge a fee (such as a bona fide commission, postage, expedited service or convenience fees, and the like) if the fee is imposed on all like transactions regardless of the form of payment used. For example, a merchant that has a website that accepts MasterCard, Visa and direct debit to a checking account as its three forms of payment, may ask for a surcharge IF the fee is applied to all three methods of payment. The same applies to a merchant that has a physical store that accepts cash, checks, MasterCard and Visa. The store can charge a fee as long as the fee is applied to all four methods of payment.

American Express says such fees are only allowed "in very limited industries, for example, taxes."

Can a merchant ask for ID with I pay with a credit card? Can I refuse to show it?

We've addressed this before, too, and it also bears repeating, along with a little elaboration from MasterCard: "However, to be clear, the MasterCard rule does allow merchants to ask for ID. Our rule prohibits the merchant from refusing to perform the transaction solely on the basis of the cardholder refusing to provide the ID. (If the merchant asks for ID and the cardholder refuses, then the merchant can either perform the transaction or call their acquirer for direction.)"

That being said, this isn't going to help you when you're out of cash and the guy at the convenience store won't let you charge that can of Drank. But reporting these violations, to the credit card company, to your issuing bank, and to us (preferably with pictures), will draw enough attention to the merchant that it will, hopefully, change its way.

The Discount Zone where we bought the Drank seemed as excited about it as we were. They had a large poster in the front window that advised us that consuming Drank may "cause one to lean." When we made our way to the beverage coolers, we found fake VIP passes allowing one to be part of the "official Drank crew."

Then our excitement took a big hit: Drank costs $3 per can, plus tax. Still, we wanted to find out how it tasted and if it actually had any soporific effect, so we proceeded.

Ingredients
Drank contains several roll-slowing supplements: valerian root, melatonin, and rose hips. Oh, and lots of high-fructose corn syrup. My fiancee is getting a Pharm.D., and she helpfully went on Lexi-Comp to check these ingredients out. What follows is not medical advice, and may not be entirely accurate, as I was leaning pretty hard while I took notes on what she was saying.

Valerian Root: Used for restlessness and sleep disorders. The effect is in the same class (anxiolytic) as Xanax and Valium, but considerably weaker. Valerian root is what the doctor in Fight Club advised Tyler Durden to chew when he couldn't sleep. Taking it with alcohol increases the "risk" of sedation. Seems pretty legitimate.

Melatonin: We release melatonin throughout the day, and supplements may help regulate deficiencies that might occur from jet lag or other sleep disorders. My fiancee says, "Some study found that melatonin gives you a rash on your junk, and it took 10 days to go away." Apparently the proper medical term for this is "fixed drug eruption."

Rose hips: Rose hips are pretty much worthless, but they contain a lot of vitamin C and may help prevent urinary tract infections, which is a common affliction among certified gangstas.

Taste
We did two taste tests: first we drank Drank straight, then later at night we mixed it with vodka to see if it was an acceptable anti-substitute for Red Bull (yes, we know Red Bull and vodka is disgusting, but we were curious if Vodka Drank would be just as gross or something worse). After pouring two Dranks, neat, I inhaled deeply. It had a distinctly grapey bouquet with a grapish nose tastes like grape soda. Nothing but grape soda. When you mix it with vodka, it tastes like vodka and grape soda, although it reminded me more of a Sparks than Red Bull and vodka. Anyone buying Drank for taste is probably better off spending $3 on grape soda, which would probably purchase a few liters.

Effects
After my first drink of Drank, I felt pretty sleepy. I'd only been up for three hours, but I ended up taking a sixty-minute nap. This was probably a placebo effect, and there were several confounding variables that dispel any causality, e.g., my couch is really comfortable, my dogs were already napping on the couch, and joining them looked like a good idea. So the first Drank drinking was inconclusive. When I mixed a drink of Drank with vodka and drank that Drank drink, I didn't feel anything. Nonetheless, I went to bed almost five hours earlier than I did the night before, and was only up for about eleven hours total. I really hope that was the effect of Drank; otherwise I'm a lazy sloth.

Conclusion
It's probably no surprise—Drank isn't worth it. Three dollars is pretty expensive for a can of sugar water, so unless its supplements actually work, it's a rip off. The effects are nowhere near what I've experienced when I've been prescribed opiates like Vicodin or Codeine; it's not even comparable to doxylamine succinate, the sedative found in NyQuil and some over-the-counter sleeping pills, although there was no groggy hangover the next morning. Bottom line: if you're looking for the taste of Drank, buy some grape soda; if you're looking for the effects of Drank, have a glass of red wine.

We wrote about Hoofnagle's research in February, when he was analyzing identity theft at banks. Since then, he's expanded his research to include incidents at all companies.

Although the research is useful, Hoofnagle concedes that it is imperfect: a customer who falls for a phishing scam doesn't necessarily impart any fault to the company. On the other hand, the amount of phishing-related identity thefts is dwarfed by other types of fraud, such as new accounts created from pre-approved credit solicitations. Hoofnagle asks for increased transparency by businesses, which would provide more useful data and lead to better analysis.

Measuring Identity Theft (Version 2.0)

A reader at "green gossip" website Ecorazzi reported that the local KFC says it fries its vegan patties in the same fryers and oil that it uses to cook its chicken. It's doubtful that they're the only location that does this, but even if they were, there are several other reasons why this sandwich isn't vegan, and might not even be vegetarian. The obvious one is the use of mayonnaise as a condiment, which contains egg products unsuitable for vegans. We couldn't find any nutritional information on this sandwich at KFC or KFC Canada's website, so we can't speculate on what secret animal products (like enzymes or "natural flavors") are in the bun. Having worked at a few fast food restaurants in high school, we know that gloves and utensils aren't changed between preparing meaty and vegetarian items, so you're probably getting some chicken fat in your KFC Vegetarian Sandwich one way or another.

It's nice that KFC made the attempt to offer a non-meat menu item, but vegans and vegetarians shouldn't be eating at fast food restaurants. Even the highly touted Burger King Morningstar Burger is imperfect: the patty itself contains milk and egg, the mayo contains eggs, and the cheese contains milk (and probably animal rennet). Burger King's nutrition info brochure contains the following disclaimer: "Burger King Corporation makes no claim that the BK VEGGIE® Burger or any other of its products meets the requirements of a vegan or vegetarian diet."

If you'd like to learn more about how cheese is made with veal stomach, sugar is bleached with animal bones, and other depressing reasons not to ever eat anything ever again, check out the Vegetarian Resource Group's Frequently Asked Questions About Food Ingredients

(Photo: Getty)

In two comments to the original post, reader Varro reports that a normal CSR confirmed that Bank of America treats parking meter payments as a cash advance, but when a city employee contacted Bank of America's government relations rep, the rep dismissed the cash advance charge as an "error." Below are the two comments:

A response to my e-mail to B of A:
Thank you for your inquiry dated 6/29/08 regarding (your card). We are happy to assist you. You may access cash with your credit card up to the credit line; however please keep in mind of your transaction fee associated along with each cash transaction.

Bank of America will now convert charges from parking meters, court fines, and parking tickets into a cash charge. The transaction fee for each cash transaction is three percent with a minimum of $10.00 and no maximum cap.

We appreciate the opportunity to assist you online. Should you have any further inquiries, please e-mail us again. Thank you for choosing Bank of America. We value your business and look forward to serving your banking needs.

Varro asked a reporter friend to check it out further:

But here's what happened when Ms. Ruiz talked to a City of Portland employee who then contacted B of A...:

(B of A Rep) said that there was an issue early this year whereby some municipalities were encoding parking meter transactions incorrectly. The issue was identified and corrected by May 5.

Bank of America does not charge a cash advance transaction fee to use parking meters. Parking meter payments are treated as purchases. There is no associated fee for this transaction.

Below is the actual statement she said that their Government Banking Merchant Group sent her regarding the payment of parking tickets:

"Bank of America does not consider payments of parking tickets as cash advance fees. There was a coding error for a brief period in April and we worked with the District of Columbia to correct it and credited any fees back to our customers."

As far as we know, there was no such problem in Portland.

What's the real story here, Bank of America? Was this a snafu or was it intentional?

(Photo: mbeldyk and dM.nyc™)

Unfortunately, there was nothing as exciting as what happened during my last iPhone purchase. I'm in New Orleans, and I figured people here wouldn't care as much as residents of other cities did. I was wrong. I showed up around 7:20, forty minutes before the store was supposed to open, and about forty people were already in line.The mood was a lot calmer than I remember it being in DC. This may have been because there were no sketchy dealings with elected officials' goons skipping the line and exiting with several iPhones. The AT&T store staff was friendly and helpful; they came around several times with bottled water (it's pretty hot in New Orleans in July, even early in the morning). They were also very good about warning people far back in the line that they were probably out of luck. Early on, they went down the line asking each customer what he or she intended to buy and counted them up. They came out a little later and stopped by me and said we might get phones, but everyone beyond us probably would have to order them. As it turned out, they were right: I got the last iPhone they had.
I can't say anything bad about the AT&T store. I can say plenty about AT&T corporate and Apple. Just like last year, they were totally unprepared for the launch. Gizmodo had spoken to a few sources about how many iPhones the AT&T stores would be getting:

AT&T wouldn't comment on how many per store, but Gary thinks north of 50-75, even in the boondocks, and another source tells us 100-250. Though AT&T wouldn't comment on the spread, logically, stores in more populated areas are going to get more.

The AT&T store I went to, in a commercial area of New Orleans, got 40. When I spoke to one of the store's reps, she said she was surprised they got so few this year because the line had been at least twice as long last year, and only about half of this year's line got phones. Whether this was poor planning or Apple trying to claim that it sold out across stores nationwide to further the buzz, I don't know. This store is getting more stock to sell sometime tomorrow, but per corporate rules, they can't create a waiting list from the people in line today who didn't get phones. Those people have to "direct order" them (pay for them now and have them arrive in 7-10 days) or go get in line again tomorrow.
Like many others, I also had problems activating my phone. I keep getting the same "An unknown error occurred" in iTunes each time I plug the iPhone in. I swapped the provided sim card out for the one I was using with my old iPhone, but still nothing. Then, as I was writing this, I received a text message and suddenly was able to make calls. I still get error messages when I sync with iTunes, but at least I'll be able to make calls while Apple and AT&T figure out who's to blame.
Overall, the line wasn't too bad, the AT&T staff was helpful, and most of the customers—save one who apparently didn't realize that the discounted prices were for new contracts or iPhone customers, not existing customers—were normal. It's a little ironic that New Orleans, the most bizarre place I've ever lived, was lacking any iPhone high jinks, drama, or scandal.

One way to escape your contract is to call up your carrier and argue that they have made a materially adverse change to your service agreement. Most cellphone contracts contain a clause allowing customers to escape their contracts if a materially adverse change is made, usually in the form of a rate increase. Here's an example clause from a Verizon contract:

Your service is subject to our business policies, practices, and procedures, which we can change without notice. UNLESS OTHERWISE PROHIBITED BY LAW, WE CAN ALSO CHANGE PRICES AND ANY OTHER CONDITIONS IN THIS AGREEMENT AT ANY TIME BY SENDING YOU WRITTEN NOTICE PRIOR TO THE BILLING PERIOD IN WHICH THE CHANGES WOULD GO INTO EFFECT. IF YOU CHOOSE TO USE YOUR SERVICE AFTER THAT POINT, YOU'RE ACCEPTING THE CHANGES. IF THE CHANGES HAVE A MATERIAL ADVERSE EFFECT ON YOU, HOWEVER, YOU CAN END THE AFFECTED SERVICE, WITHOUT ANY EARLY TERMINATION FEE, JUST BY CALLING US WITHIN 60 DAYS AFTER WE SEND NOTICE OF THE CHANGE.

Below are some recent rate increases by the major providers. Some of these might have occurred far enough back that they are outside the window to call and complain, but we've also heard from readers who didn't get any notice, or who got late notice, thus keeping them within the required period to contest the change.
T-Mobile
We posted about this a couple weeks ago, but just to reiterate: T-Mobile is raising its text message rates on August 29th. That's a materially adverse change to your contract. Run while you can.
Verizon
Although Verizon likes to play dumb about what constitutes a materially adverse change to your contract, a Verizon fee increase was the impetus for this article: A reader writes in that he used Verizon's recent Federal Universal Service Charge increase to escape without an ETF. Here is Verizon's increase notification:

The Federal Universal Service Charge (FUSC) is a Verizon Wireless charge that is subject to change each calendar quarter based on contribution rates prescribed by the FCC. On July 1, the FUSC changed to 2.42 percent of assessable wireless charges, other than separately billed interstate and international long distance charges. The FUSC on these charges changed to 11.4 percent.

Sprint Nextel
There are conflicting reports that, as of July 13, Sprint will be eliminating its SERO plan altogether, or making existing customers switch to unlimited data "everything" plans, or just forcing that on new PDA customers. Barring that, a text message increase probably isn't too far away.
Other Techniques
We offered advice on escaping your contract last year when the iPhone first came out. Besides complaining about materially adverse changes, you can sell your contract, complain that service is substandard, move to an area out of your network, join the military, or die.

PREVIOUSLY: 6 Ways to Cancel Any Cellphone So You Can Get an iPhone
"Material Adverse" Clauses in Cell Phone Contracts [United Consumer Action Network]
(Photo: Getty)

Anyone who's read "Breakfast of Champions" remembers that Vonnegut peppered his writing with illustrations, one of which was a drawing of his own asshole:

Sure enough, we're not the only ones to have noticed. Terrific marketing job, Walmart!

Vonnegut.com

Checkers/Rally's, whose fatalistic slogan "You Gotta Eat!" apparently justifies its menu of triple cheeseburger Nascar meals, double Philly cheese steak burgers (that's a double cheeseburger with a cheese steak on top) and thirty-two ounce medium sodas, has over 800 locations across 28 states, more than such chains as Boston Market and Roy Rogers. Unlike most fast food restaurants, which make nutrition information available on their website or in store, Checkers/Rally's is oblivious to such concerns (see picture above). Worse, inquiries by customers have been met with the same canned response:

"Thank you for your interest in the nutritional value of our menu items. We are currently reviewing our nutrition information due to several recent menu changes. We do not have a set date for the release of this information. You can find general information on this topic at www.Nutrition.gov or Food and Nutrition Information Center www.fns.usda.gov/fns or Healthfinder-Gateway to Reliable Consumer Health Information www.healthfinder.gov.
Thank you,
Checkers Drive-In Restaurants"

We emailed the company's PR person and asked why it didn't make this information available, but received no response.
For those wondering if some law requires Checkers/Rally's to make this information available, the answer is, probably not. According to the FDA, restaurants are generally exempt from any requirements to publish nutritional information. The exception to this rule is that whenever a company makes a health claim, such as low calorie, less fat, and so on, they are required to make available nutritional information sufficient to back up this claim. These types of health claims are becoming more common in fast food advertising, but are noticeably absent from Checkers/Rally's; perhaps this is intentional?

A Labeling Guide for Restaurants and Other Retail Establishments Selling Away-From-Home Foods [U.S. F.D.A.]
Checkers' Nutrition Info Missing: What Is Checkers Hiding?
Checkers Drive-In (Nutrition Information Is Not Available)

Our reader's email:

I got in touch with the Adobe contact you forwarded, and a representative from Adobe Customer Care headquarters took over my case. Their explanation for the problem was:
"Your recent order was an Upsell, unfortunately the only qualifying product that would apply for this type of purchase is GoLive 9. With an Upgrade purchase a customer is able to upgrade from GoLive 5/6/7/8 – Version 8 is also labeled as CS2, with this information I am able to see where anyone would have thought that they would have been able to "Upgrade" from CS2 premium to Dreamweaver CS3. With all the different products and availability I can see where anyone can get confused, I know I do."
Now, I don't see how this can be, as the only two upgrade options available for purchase on the Adobe site are upgrade from Go Live 6/CS/CS2, or upgrade from Dreamweaver MX, MX 2004 or 8. Also, the screen that was giving me grief was asking me to choose which of Go Live 6/CS/CS2 I was upgrading from...
But anyway, they issued me a new serial number (via email) which allowed me to bypass the upgrade screen altogether, and activate the product properly. So I now have a working copy of the software I paid for, and I have thanked the representative for resolving the issue.
As a matter of record, I noticed in the comments to the story you ran that some people had mentioned that the Help menu on Adobe products rarely displays the full serial number. Although I forgot to mention it specifically in my original notes to the Consumerist, I had worked that out at some point, and gone back to my original disks for the full serial number. That hadn't worked either.

A good tactic for discouraging people from illegally downloading your expensive software is to make sure that those who want to pay money for it are able to. Good work, Adobe.

PREVIOUSLY: Adobe: "It Would Have Been A Pleasure To Assist You With This Issue. [Unfortunately, We're Totally Incompetent.]"

Reader Adam writes in to let us know his relative found a working Dell computer in the dumpster at his office complex. It appeared to be in functional condition, so he took it home. Sure enough, it took only a bit of tweaking before it was back to working order—as a Curves Fitness employee and customer information smorgasbord.

Adam dug around a little bit on the computer and found employee phone numbers, customer addresses, and credit card info. The Curves in question is located on 134th Street in Vancouver, WA. Adam called to let them know what happened, here was their response:

Before I posted this I tried twice to talk to the manager of the offending Curves… both times I called they were “busy” or “out”. No one offered to take a message so I never left one.



I’m not sure if it’s that they are not used to men calling (Curves is a women’s club) or if their customer service is just as crappy as their data destruction policy. In any case, as I said in the post, I contacted the corporate office. After I made this post I did call again and got voice mail; so I left a message inviting the manager to [read this post].

Adam also contacted Curves corporate before contacting the local franchise. They told him that, although each franchise is responsible for its own IT and privacy policies, they agreed that this franchise's actions were inappropriate and they'd get in touch with the franchise.



Dear Curves, Respect Your Client and Employee

Sam says he received the following letter from the property manager:

Dear Resident(s),
As some of you have recently seen or heard from media outlets the property will be converting to a condominium community which includes a clothing optional pool. Contrary to some media reports the community will not be a fully clothing optional community but rather will be limited to one pool area only . . . .
This change does not affect your lease in any way . . . .
We have prepared the following questions in order to have a clear understanding of how our residents feel about the planned change. We appreciate your understanding and help in this matter.
1. Would you be opposed to a clothing optional pool?
2. Would you move if the property proceeded with the clothing optional pool immediately?
3. Would you be interested in purchasing your condo with the addition of a clothing optional pool?
. . .
We will have a drawing from all surveys received by June 30, 2008 (Monday) and one recipient shall receive $100 off of July rent.

The clothing-optional pool only story is contrary to some media reports, mainly because we reported on the original version of Eden's website, which has since changed. For example, this was the text we pasted directly from the site last week:

You're going to be very comfortable with our dress code. Our residents are welcome to shed more than their inhibitions as they enter the gates of Eden. Because when our residents come home after a busy day in the working world, they want to completely unburden themselves, shed the trappings of the outside world... and be totally free.

Since then, someone has clumsily inserted "poolside" as a qualifier before the good stuff:

You're going to be very comfortable with our poolside dress code. Our residents are welcome to shed more than their inhibitions as they enter the gates of Eden. Because when our residents come home after a busy day in the working world, they want to completely unburden themselves, shed the trappings of the outside world... and be totally free to be themselves in their poolside sanctuary.

Just to be totally clear, though, Eden has added the skeeziest FAQ ever, with questions like "Will people be allowed to get naked as soon as they enter the gate?" and "Will public sex be allowed?" Missing from the FAQ: "Will current residents who signed leases to live in a community without a sexy naked pool be allowed to break their leases now that you're adding a sexy naked pool?"

Previously: So Apparently They Decided To Turn Our Apartment Complex Into A Nudist Colony

Eden Tampa

(Photo: Getty)

For all of the iPhone's flaws—no 3G, no multimedia messaging, no flash (on the camera) or Flash (on the browser)—it's still got more features than any phone I've used. The day after I got it, my fiancee and I drove out to Shenandoah for a friend's party, and got lost. We always travel with an atlas, but it was useless for rural roads, and if I hadn't had the iPhone and Google Maps, I might have actually had to get out of the car and ask directions. A GPS-equipped car could have done the same thing, but I don't drive much, though, and as it turns out, I'm most in need of geographical assistance when I'm stumbling home from some bar, not driving. DC has a lot of circular roads, and although I know Fox & Hounds is near Dupont Circle, it usually wasn't my first stop, so I couldn't remember how to get there unless I checked Google Maps. While I'm on the subject of drunk iPhone use, let me also say that having access to YouTube and Wikipedia at a bar or in a hotel that doesn't have WiFi is worth the full price of the iPhone by itself. (Ironically, if the iPhone had never come out, I not only wouldn't be able to watch my favorite YouTube video (NSFW) on it, but the video couldn't have even been made, as the iPhone is heavily featured in the video's plot.)

Was the $500 I paid for my 4GB iPhone too much? Apple apparently thought so, as they dropped the prices pretty soon after, upsetting early purchasers. But they made up for it, in my opinion, by giving me a $100 Apple Store credit, which I've saved until the 3G is released. Before the new iPhones were announced last month, our techie brothers at Gizmodo posted a story called "How I Sold My iPhone In 24 Hours For More Than I Paid." I followed the advice, and sold my year-old, 4GB iPhone for $300 the day after the 3G was introduced. Along with the credit, that's $400 I've gotten back from my original $500 purchase. The 16GB iPhone will only be $300. Essentially, I've gotten to use my iPhone since it came out, and in a week, I'll have a newer, better one, and $100 extra. Which I'll use to pay for 20 months of previously free text messages.

Sent from my iPhone

(Photo: Ezee's Emporium of Urban Treasures)

Our reader writes:

About three weeks ago now, I went to Adobe.com to buy a copy of Dreamweaver CS3 online, as I couldn't find one locally. As I have Adobe CS2 Premium, I qualified to buy the version that is the upgrade from GoLive to Dreamweaver. So I find this version on their store, add to cart, and buy it.

Problem #1 - While most other versions of Dreamweaver are available as downloads, this one, inexplicably, is not. I'm told it will be shipped in about a week. As I had a trial version of Dreamweaver CS3 installed already, I contacted their live chat system and asked if the serial number could be sent via email or something in advance, so I could get to work. No can do.

I wait - and a week later, the box arrives. I tried the serial number received on the trial version at first. Problem #2 - It cannot find my Adobe CS2 (to verify I qualify for upgrade) even though that had been installed in the standard, default directory. So it asks me to enter the Dreamweaver CS3 serial number, then pick what version I'm upgrading from, and enter the GoLive serial number.

Problem #3 - It tells me the serial number I'm putting in does not match the product I'm upgrading from. This in spite of the fact I copied and pasted it directly from Go Live's help menu, and also tried typing it in manually several times. (The only thing I can figure, in retrospect, is that since my choices were upgrading from GoLive 6.0, GoLive CS, or GoLive CS2, the fact that I have CS2 Premium was the issue). I tried uninstalling the trial and installing fresh from the CD, but got the same issue.

I surf over to Adobe's customer support portal, which promises an answer in one business day. I have to register first, of course (grr), but I submit a ticket with all the appropriate information first thing on a Thursday morning.

The following *Tuesday* (six calendar days, four business days later), I get this gem (emphasis added):

Hello ________,

Thank you for contacting Adobe Customer Service.

Due to the Support Portal being closed on weekends [?!], we were unable to
respond to your e-mail. We sincerely regret any inconvenience this may
have caused and appreciate your patience.

________, I understand that you purchased the upgrade version of
Dreamweaver CS3 (serial number). As you already had the
trial version of CS3 installed, you took the serial number from the box
that arrived and put it in. It accepted that, but then asked you to
verify that you was eligible to upgrade. You went to your copy of GoLive
CS2, and copied the Serial Number directly out of Help>System Info and
pasted that in to the CS3 dialogue, but it is telling you that the
GoLive CS2 number does not match what you have selected. You tried
selecting Go Live 6.0, GoLive CS and GoLive CS2 and it does not allow
you to proceed under any circumstances.

I understand your concern with this issue and apologize for the
inconvenience caused.

It would have been a pleasure to assist you with this issue. In this
regard, I would request you to contact Adobe Customer Service phone
support at 1 (800) 833-6687 from 6:00am to 8:00pm, PT, 7 days a week.
This is not an issue that can be resolved through this portal and they
are best equipped to handle such issues. They will provide you step by
step assistance through this issue..."

Problem #4: It's taken their customer service portal nearly a week to tell me ... they can't provide any customer service.

I grit my teeth and call the 1800 number. I called at 11:45 EST, and after the first five minutes, put the phone on hands free, so I could at least work while I listen to the dreadful hold music. I waited.

And waited.

And waited.

And waited.

And at precisely 1:07 EST... I was ... disconnected.

As I've had this happen after lengthy hold times with other companies, I suspect this some sort of slate-clearing standard procedure.

I write into the portal, politely, but firmly, to complain about this, and request that one of their reps call ME instead. I suggested that since I'd been waiting a week's shipping time, six days "customer service portal" time, and an hour and 20 minutes hold time to get what should have been a straightforward purchase, that they had a deadline of the following Monday to get it sorted.

I get:

"Hello _______,

Thank you for contacting Adobe Customer Service.

_______, thank you for your reply.

I understand your concern with this issue and apologize for the
inconvenience caused.

It would have been a pleasure to assist you with this issue. In this
regard, I would request you to contact Adobe Customer Service phone
support at 1 (800) 833-6687 from 6:00am to 8:00pm, PT, 7 days a week.
This is not an issue that can be resolved through this portal and they
are best equipped to handle such issues. They will provide you step by
step assistance through this issue..."

So here I am. Please warn your readers (again) to stay away from Adobe; meanwhile, I'm off to issue a chargeback request to my credit card company, and to shop for something else.

We've written about Adobe not being able to actually sell its software before. Twice. These stories are only a fraction of the complaints we get about Adobe. Adobe, if you wonder why your software is so popular on bittorrent, here's one reason: Even the people who want to buy it can't get it from you. Here are some email addresses for Adobe's executives, hopefully they can help: rburgess@adobe.com, cboesenberg@adobe.com, selop@adobe.com, igiffen@adobe.com, sgomo@adobe.com, harris@adobe.com, dlucas@adobe.com, bnelson@adobe.com, snakama@adobe.com, efoley@adobe.com, ushike@adobe.com, mrozen@adobe.com, sofferma@adobe.com.

(Photo: Getty)

In a press conference, CEO Michael O'Leary discussed Ryanair's new transcontinental service, which will offer extremely cheap economy fares, as well as luxurious business class seats that include amenities like "white seats," beds, and oral sex.

Blow-Cost Airline Jet Chief in Free Sex Pledge [Daily Star]
(Photo: Getty)

As we've previously suggested, Brandon reported the violation to Mastercard and Visa, as well as to McDonald's headquarters. To reiterate: most credit card companies' merchant agreements forbid merchants from requiring a minimum charge to pay with a credit card, asking for ID when you pay with a credit card, or adding a surcharge for paying with a credit card (merchants are usually allowed to give a discount for paying cash, however, if it's clearly labeled as such), and we encourage readers to report violations directly to the credit card company using the info here.

The Illinois lawsuit alleges Countrywide "caused significant harm to the public, the market, and scores of Illinois borrowers and homeowners," and seeks damages for residents affected by foreclosure. Attorney General Jerry Brown of California accuses Countrywide of deceptively marketing risky mortgages to consumers and plotting to "mass produce loans for sale on the secondary market." The California lawsuit also seeks restitution for affected borrowers. Both lawsuits also named Countrywide CEO Angelo Mozilo as a defendant.
Illinois to Sue Countrywide Over Lending Practices [CNN]
Calif AG Sues Countrywide Over Alleged Loan Scheme [NYT]

New Jersey has 3,142 gas stations, according to the Star Ledger. Inspectors checked 1,023 of them, and issued citations to 350 owners. New Jersey's Attorney General encouraged consumers to report any violations they come across. A larger version of the map can be viewed here.
(Thanks to Ryan!)

For the unfamiliar, multispace meters, also called "Pay and Display" machines, are a central machine where drivers can purchase time on a particular space or print out a ticket to display on their dashboards; most machines accept bills and credit/debit cards, allowing drivers without quarters to purchase parking. Obviously, a $10 service charge negates this convenience.
Gary writes:

I recently used my bank of America credit card to pay for a multi-space parking meter in Washington DC. The type electronic meter common in urban areas for parking on the street and which accepts credit card payments. The charge for parking was $2. Bank of America treats this charge as a cash advance. They charged me a $10 cash advance fee on top. So now I will be thinking twice before using any bank of America cards. A transaction that should cost $2 can come out costing $12. Also, my card currently has a 0% promotional APR on purchases, but they put the $2 parking purchase in a separate category subject to a much higher interest rate.

Gary sent us a follow-up the next day:

I spoke to their CSR twice and I never really got an adequate explanation. I am attaching a copy of the email explanation they sent me. From what I understood, they now treat payments to government entities as quasi-cash transactions. During my last conversation the CSR explained that parking meters and payments of fines would now be treated as quasi-cash transactions subject to a minimum fee of $10. I think this is something new that they recently introduced and I have requested an updated version of my terms of service to get a better understanding of these fees.

(Photo: dM.nyc™)

The mother writes:

Wanted to update you that I received a call from Bryan Merryman, Chief Operating Officer. He was apologetic, compassionate and understanding and I appreciate his call. What he did make clear and what is no doubt a challenge for him, is that this is a franchise and as such is responsible for their own policies. He made it clear that the way this franchise handled this situation is at odds with corporate. Still no word back from the owner/manager of the franchise since she hung up on me, which is disappointing because her actions are hurting other franchises who have nothing to do with this. As an apologetic gesture, Mr. Merriman offered to send some product that I refused as again, my only desire in this is that this franchise and manager adopt a more compassionate policy in the future. We'll definitely be giving the movie theater, who graciously let us use the restroom, our business in the future but I can't say the same about this Rocky Mountain Chocolate Factory franchise. The owner/manager may think that her decision was the most sensible business-based decision, but in the end, business is about people.

In a story in the Orange County Register, the franchise owner claims she apologized to the mother, but the mother says that never happened, and she still hasn't heard from the franchise owner since she was hung up on.

(Photo: Getty)

I explained she had diarrhea and couldn't hold it and told them she was about to go on the floor. They refused again and never offered me any alternatives. I begged them to have a heart and that she was 5 but by that time she had lost it all over herself and me. I ran with her in my arms to the movie theater that let me use their bathroom. I cleaned her up, threw out some of her clothes and went back to the Chocolate Factory - asking for names and number of management. I again pleaded with them to use their heart in situations like this.

I called the manager today and she finally called me back. She supports the employees and tells me that it is an insurance decision. She told me to sue if it makes me feel happy. She laughed at me when I told her I would be using my extensive contacts to begin a viral campaign to boycott her store and the entire chain and told me that she was "sure that would make my daughter very proud." My daughter was humiliated, forced to defecate on herself due to the lack of compassion exhibited by the store - which the owner continued to support on the phone with me. I don't want anything, I just want them to have a bit of compassion in the future.

Longtime Consumerist readers know this isn't the first time we've written about a company refusing a customer with a bathroom emergency and ending up with disastrous results. Last summer, a similar story involving Jo-Ann fabrics prompted enough complaints to the CEO that he issued an apology and "immediately changed [company] policy to allow any customer to use [store] restrooms upon request." Our reader pointed us to a situation a few years ago when Old Navy denied bathroom access to a customer with Crohn's disease that ended up with the customer's state legislator introducing a bill requiring businesses to open up their bathrooms for emergencies. We don't think a law is necessary, just basic human decency: if someone has an emergency, let her use your bathroom.

UPDATE: After reading some of the comments, I searched around some more to find out whether a place that serves food has to provide a bathroom to customers. As it turns out, Rocky Mountain Chocolate Factory may have violated existing California Code provisions. An organization called the American Restroom Association has a Uniform Plumbing Code that requires a "toilet facility for customers, patrons, and visitors of all mercantile and business establishments." The Uniform Plumbing Code has been adopted by California, so it seems that there IS a requirement for businesses to provide restroom facilities for customers.

(Photo: Getty)

What do you know, a lot of these companies that gave sweet severance packages to their CEOs were also nominated for Worst Company in America, with two of them reaching the Elite Eight. The first one, Exxon, sent its CEO Lee Raymond off with a $351 million package; the money should come in handy for when he wants to offer additional awards to scientists who come up with evidence that global warming is a myth.

Angelo Mozilo of Countrywide Mortgage (also an Elite Eight member) has appeared on Consumerist recently, as a result of investigation of the "Friends of Angelo" program that gave sweetheart rates to influential borrowers, including members of Congress. Oh also, he was part of that whole subprime mortgage meltdown. Guess that's why he only got $23.8 million when he stepped down.

Last but not least, 2006's Worst Company in America and 2007's runner-up, Halliburton, gave a $34 million package and 430,000 shares of stock to its outgoing CEO, Dick Cheney. Unlike Countrywide, Halliburton is doing pretty well for itself right about now.

15 of the Most Astonishing Retirements, Bonuses, and Cash-Outs in Corporate America [HR World]
(Photo: Getty) (Thanks to Paul!)

According to Sam and an article in the Tampa Bay Times, current (clothed) residents of the apartment complex were unaware of the plans, and the apartment manager didn't know what was going on either. Sam says, "I don't mind nudist colonies, I just don't want to live in one! What really bothers me the most is the company that owns the property released the information to the public (news, etc.) before they even discussed it with the residents/apt. complex management." From Eden's "Lifestyles" page:

You're going to be very comfortable with our dress code. Our residents are welcome to shed more than their inhibitions as they enter the gates of Eden. Because when our residents come home after a busy day in the working world, they want to completely unburden themselves, shed the trappings of the outside world... and be totally free.

Sam says he's spoken with the office manager, who's promised that tenants who don't want to publicly explore their sensual sides will be able to break their leases without penalty, but he's worried, as there are lots of children and teens in the community. We browsed around on Eden's website (and we strongly encourage our readers to do the same, because it's hilarious), and we were shocked to find out that even the animals are naked.

Eden: As Nature Intended
(Photo: Getty)

One page illustrates the difference between standard definition 480p and HD 1080p by asking the reader to "take your crayon and draw 480 dots inside this TV," then "take a different color crayon and draw 1,080 dots inside this HDTV." Aha! Also included is a Blu-Ray maze; it took us a few tries to complete it, but we feel like we now have a better understanding of HDTV, 1080p versus 1080i, and upconverting.

Free Coloring Book - HD for Kids! [NonToxicReviews]

Consumer Reports offers a lot of valuable advice in their recent piece, Spend Less on Everything. Some suggestions: Use shopping bots and online coupon sites to find the best deals, consider using VoIP, and check Consumer Reports's website for advice on insurance, electronics, and cars before purchasing them.

Some broader, common sense tips come from Survive a Recession: making sure you don't get fired, having or building an emergency fund, trying to eliminate debt, living frugally, and pursuing additional means of income.

The Simple Dollar lists Forty Ways to Reduce Your Monthly Spending, including insulating your hot water heater, reviewing and reducing your subscriptions, and starting a garden.

Although we wrote about this in 2006, it's just as valuable today: Free Money Finance gathers 301 of its money-saving tips, including guidance on choosing car insurance, cutting your own hair, and saving money on babysitting, into one cornucopia of frugality here.

For even more useful advice, check out Consumer Reports's comprehensive recession guide: Smart Moves for Tight Times

Lastly, we would advise against just throwing away bones with plenty of meat still on them. Instead, take them home, throw them in a pot, add some broth, a potato—baby, you've got a stew going!

Some highlights:

• Interest rates can jump to as much as 27.99 percent retroactively. That's the rate Chase HealthAdvance's zero-interest plan charges, for example, if you miss a payment or don't pay off the debt in the promotional period. By