Google won't sell the songs directly; they'll most likely be sold by Lala or iLike, according to the article, and Google will only make money off of ads that appear on the pages. Lala is actually pretty cheap: we compared prices on the latest Arctic Monkeys album on Lala and Amazon, and Lala beat Amazon by over $2 dollars for the same 256kb VBR files.

By comparison, the artist pages on Yahoo and over at Last.fm link directly to iTunes and Amazon for sales. (Last.fm also links to something called "7digital.") They make money off of referrals, as far as we can tell.

We don't care what business model the three sites use; we just want the best value for our music budget. Of course, there's no reason you can't buy your music from Lala today, but we're still curious to see what sort of service Google will deliver next week and whether they'll offer any added value.

"Google to unveil music search" [Hollywood Reporter]
(Photo: carolyn.will)

The guy's lawyer says he's already repaid the debt Mickey is seeking. It's a violation of the Fair Debt Collection Practices Act for a debt collector to use abusive language. Learn more about your rights here.

(Thanks to Sean!)

Panic is a very powerful emotion. If you find yourself in this situation, the key is to remain calm and put the car in neutral until the car slows down enough so you can safely pull off the road.

There's nothing you can do about it, other than not buy any TTS-disabled books. If you come across titles with TTS disabled in the Amazon Kindle store, you might want to add a "no tts" tag to it as well, to help other customers quickly identify which authors are disabling this functionality.

"Kindle: Text-to-speech disabling has arrived " [MobileRead] (Thanks to Karl!)
(Photo: Lies Van Rompaey)

1. Monster Cable will cancel its lawsuit...
2. As long as MonsterMiniGolf pays $100 per month per franchise to MonsterCable
3. MonsterCable in turn will donate $100 per month per MonsterMiniGolf franchise to The Elf foundation or Creating Rooms of Magic, or Seg4Vets: Segways for disabled veterans .
4. Monster MiniGolf gets to keep being MonsterMinGolf
5. A bunch of bloviating about how Monster Cable is the real victim here.

More at MonsterMiniGolfTruth.com. (Thanks to Ian!)

PREVIOUSLY:
Tell Monster Cable To Stop Suing A Monster-Themed MiniGolf Park

Monster Cable Sues Monster MiniGolf For Trademark Infringement
Lawsuit: Monster Cable Thinks You Might Confuse Mini-Golf With Overpriced Cables

...just the latest target of Monster Cable's insane campaign to sue for trademark infringement anything that dares to have "Monster" in the name - you can email their ceo at nlee@monstercable.com or theheadmonster@monstercable.com...

...and tell him how you will never buy a Monster Cable again and you will tell everyone you know to never buy a Monster Cable. The co-founders of Monster Mini Golf, Patrick & Christina Vitagliano also say they have something juicy planned for CES, the world's biggest consumer electronics tradeshow that is like the SuperBowl for electronics companies. As Monster Mini Golf makes monster-themed Mini Golf parks and not USB-powered tape measures, I can only imagine it's some kind of anti-MonsterCable hilarious hijinx.

PREVIOUSLY:

Monster Cable Sues Monster MiniGolf For Trademark Infringement
Lawsuit: Monster Cable Thinks You Might Confuse Mini-Golf With Overpriced Cables

When you sue over trademark infringement, one of the biggest criterion for the validity of your suit is whether or not consumers will be confused about which brand is which. To help us decide, let's look at one item from the Monster MiniGolf FAQ:

Q: Does the entire place glow in the Dark?
A: Yes! (Except the bathrooms..that would be too weird.)

See? You totally thought we were talking about premium-priced audio cables there.

Monster MiniGolf is asking for $1 donations to help offset its legal costs, which so far are $100,000 and they predict will reach $250,000. If you make a donation and take your receipt to a Monster MiniGolf place, you will get $2 off one round, which are normally between $5.50 and $7.50 for 18 holes. You can donate through the eBay page they have set up, which explains more about their situation.

Help Me Fight a Bully! It's a Monster. Justice needed! [eBay] (Thanks to Johnny!)

How should people invest?
One guest said that you should diversify your portfolio and invest globally. While this is true, here's something that will actually help you: Get into index funds - Vanguard is a good to get them from - because you will get to keep more money over time instead of losing it to fees. Here's how most stock pickers and fund managers are ripping you off.

Also, with the global economy being so intertwined, investing globally doesn't reduce your risk as much as it might have in the past.

One guest recommended putting the same amount of money in the stock market because it is a "tried and tested" method of investing. What he's talking about is "dollar cost averaging." The idea is supposed to be that some months the stock is up, and some it's down, but if you invest the same every month, over time the difference averages out. While investing regularly is great and definitely better than not investing, and trying to time the market can be disastrous, you actually make more money if you buy your stock in one lump sum. Here's the study.

Are credit card companies going to keep on lending briskly?
Warren asked a guest if credit card companies are going to keep lending money at the same ferocious rate they have been. The guest said yes, because their mailbox was still full of credit card offers. This is flat out wrong. Credit card companies are tightening standards and reducing their exposure. They're raising interest rates, canceling and freezing people's home equity lines of credit, and canceling credit cards for long-standing perfect customers.

Secondly, if your mailbox is full of credit card offers, you need to go to optoutprescreen.com and with a few keystrokes you can be unsubscribed from probably about 98% of the lists of companies sending you offers.

Who is to blame for the mortgage meltdown?
"There's enough blame to go around for everyone," responded one guest. While this might have made sense, say, back in December, by now it's pretty apparent that there was much more fraud and deception going on with the mortgage brokers and resellers than from the consumer side. Don't believe me? Listen to this episode of This American Life while watching this slideshow. If you're in a rush, just read this insider document of a Chase employee telling other employees how to game the computer system to get loans approved that shouldn't have been approved.

Note: There's been some confusion over company names, and Johnny Chan with eBoost Consulting wants you to know that his company is not involved in this story.

If a company promises to increase your Google PageRank, run! Rogier fell for eBoost Media's sweet words—they promised an increase in Google popularity "within about a week, at least for people entering specific search terms such as 'Maine photographer' and the like." But after three and a half weeks of no results, Rogier decided to cancel the service, which is when eBoost Media's dark side emerged.

I informed [my sales rep] Ashley that I wanted my money back and the agreement canceled. She put me in touch with a customer service rep named Denette.

When Denette finally got back to me, the news was not positive. She refused to say whether she would issue a refund. When I insisted (and sure, I wasn't particularly friendly, but I didn't use profanity or even raise my voice by more than a hair), she hung up on me.

I then canceled the credit card I'd given eBoost media and wrote Denette by e-mail that I'd file fraud complaints with the authorities if she did not let me know within 24 hours that eBoost Media consented to return the $99.

On Thursday of last week, she called again, trying to sweet-talk me into changing my mind. I said I wouldn't and that I had been given no reason to trust eBoost media — on the contrary. I reiterated that all I wanted was a refund. After about 20 minutes of exasperating back and forth, she hung up on me again.

On Friday, when I had left for the day, my voice mail received the psycho phone messages that I've attached.

Here's the first message, along with our concept art of Denette at the phone:

powered by ODEO

And here's the name-calling message, left only 5 minutes later, again along with our concept art:

powered by ODEO

Rogier played the messages back to eBoost and asked them for a comment:

When I called him yesterday, eBoost's acting CEO Michael Luvano agreed to listen to the recording. He then acknowledged that the second call had come from someone at eBoost Media, but curiously enough, he denied it was Denette. The mystery culprit, he said hours after hearing the messages, had already been "dealt with" — she'd been "severely reprimanded." When, puzzled, I suggested we ought to let other people listen to the messages on the Internet and solicit their opinions on whether or not it's the same voice, he got huffy and accused me of being out to badmouth his company.

Nonetheless, Luvano offered to have the CEO, Kevin Johnson (who he said was on vacation) write me a personal apology. He also said the company would finally refund the dough, which I appreciate.

As of yesterday, Rogier had received neither the apology nor the refund.

"Lend Me Your Ears, or, Who You Callin' a Faggot?" [Nobody's Business]
(Photos: Getty)

The ad reads:

Did you know that there are people in this country who want prayer out of schools, "Under God" out of the Pledge, and "In God We Trust" to be taken off our money?

But did you know that 86% of Americans say they believe in God? Now, since we all know that 86 out of every 100 of us are Christians who believe in God, we at Kieffe & Sons Ford wonder why we don't just tell the other 14% to sit down and shut up. I guess maybe I just offended 14% of the people who are listening to this message. Well, if that is the case, then I say that's tough, this is America folks, it's called free speech. And none of us at Kieffe & Sons Ford are afraid to speak up. Kieffe & Sons Ford on Sierra Highway in Mojave and Rosamond: if we don't see you today, by the grace of God, we'll be here tomorrow.

The ad has been running on radio stations in southern California since at least February, according to one blogger. She wrote to Ford headquarters, but received a reply that because the dealerships are independently owned and operated, she should get in touch with the management at the dealership.

Here's the audio of (most of) the ad:

The Underground Unbeliever [via BoingBoing]
(Photo: Amy Watts)
(Audio: Karen Peralta)

If you're a podcast sort of person, Get Rich Slowly has a list of 12 personal finance podcasts that they say are the best of the bunch—informative, entertaining, well-produced, and unique. "Money Girl's Quick and Dirty Tips for a Richer Life" is their top choice:

The episodes are succinct but informative, and offer practical tips for dealing with money: how to improve your credit score, good debt versus bad debt, how to adjust your withholding, and wealth secret number one.

Another one to note, especially if you're in the 25-34 age bracket, is "Feed the Pig". It's sponsored by the Ad Council and the American Institute of Certified Public Accountants, and it covers those topics you somehow missed growing up, like "student loans, emergency funds, and buying a new car."

"Twelve Top Personal Finance Podcasts" [GetRichSlowly]
(Photo: Getty Images)

Kapil's brand new Blackberry arrived with a battery that won't charge. He wants T-Mobile to exchange it, but he says T-Mobile wants to replace it with a refurbished Blackberry instead of a new model. Kapil is fighting back, but even at the executive support level all he's found are rude, uncooperative T-Mobile employees who keep saying there's a process, and that someone will call him back—which never happens. Kapil refused to hang up on the fourth day and demanded to know what happens next after nobody calls back, which seemed to confuse and anger the T-Mobile rep he was speaking with. And for those of you who can't listen in, we've transcribed some of the juiciest parts.

powered by ODEO

After a few minutes, the rep grows audibly annoyed with Kapil and tries to get him off the phone:

Your other option is to call customer care.

The reason I'm calling your executive office is because customer service has failed me and they are not helping me, and now you're telling me that my only recourse is to continue leaving messages but no one is calling me back. I have called every day—

[cutting in] Sir, sir, we took a message this morning. He has 24 hours to give you a call back.

I understand there was a message left this morning—

[talking over him] Okay, so— but—

—but there was also a message left on Monday, and Tuesday, and Wednesday of this week and no one has called me back.

Uh, uh, from the notations in the account I don't—

So you're telling me the notes are more accurate than me? Because on this conversation there's only one person that was part of that initial conversation and... it's not you. I'm telling you that I've called all this week—

[cutting in] I'm telling you nobody from my team, nobody from my team, uh, went into your account.

What if they forgot to leave a note to that effect? Is that my problem?

It doesn't matter, that's not how our system works sir. Even if they were in the account and, and, and didn't leave a note, it still shows there in the account.

So what if I—

[cutting in] At, at this point sir, I'm not going to argue with you. I can give you a phone number. If you need immediate assistance you have customer service to call. Okay?

I have tried—

[overlapping] Do you have any other questions or concerns for me?

I have tried customer service and they have refused to help me, so I called your executive office—

[cutting him off] Well sir, this is your option at this point, sir.

May I speak to a supervisor in your department?

No sir, you're not calling customer service, you're calling our executive offices.

This goes on and on like a Beckett play for a while. Eventually Kapil tries a different tactic, and discovers that just because he's been led to believe he's speaking to executive customer service, he may have actually been rerouted to regular customer service on his previous calls:

You're evading my question here. I understand your process, that someone will call me back in 24 hours. I'm asking, if that does not happen, what's happens next?

Somebody will call you back within 24 hours sir.

(Laughing) Are you a South Park fan at all? The TV show? [silence] Ever seen that TV show?

(Pause) ...No.

There's an episode of South Park where... imagine you're a character called the Underpants Gnome. And these Underpants Gnomes are stealing everyone's underpants, and when asked why they're doing that they put up a sign that says Step #1, collect underpants, Step #2, a bunch of question marks, and Step #3, profit. When you ask them what step #2 is, nobody knows. You're kind of doing that to me, I'm asking you if this doesn't happen, if your process doesn't work the way that it's supposed to, which it hasn't for me all week, what is the next step in the process. Like, how do I get past this?

Okay, again I'm telling you, you may have called the corporate office, but more than likely, it looks like from what I can see that you may have gotten transferred back to customer service, okay? As far as our team receiving the call, the first call that was received by our team this week was this morning, okay? So, from that point we have 24 hours to call you back.

But I have somebody on the phone. You're in the same department.

I'm trying to explain our process sir. Do you understand it or do I have to explain it again?

Twelve minutes in, we find out that the mysterious Pancho—he's the Godot-like character who's supposed to call Kapil back—isn't even someone Kapil has spoken to before, although Jason doesn't seem to understand or believe that. And at about the 13:30 mark, Jason finally gets upset enough that he reveals that he does have a record that Kapil has called several times before—something he has kept denying knowledge of throughout the call.

It's really a masterclass in how to pretend to offer customer service while stonewalling a customer. We like to imagine there are posters up around the T-Mobile offices that display our favorite line from Jason: "It's not a refusal, sir, it's how our process works."

(Photo: Getty Images)

Dear Consumerist,

I signed up for DirecTV in September of last year and have, until today, loved the service. Unfortunately, my girlfriend and I are moving to an apartment without a balcony or access to the roof and are prohibited from bringing our dish with us. Consequently, I'm forced to leave DirecTV's best-of-breed HDTV for Comcast's worst-of-breed YouTube-quality mush.

When I first spoke with a representative (ID #410930) about the service and its two year commitment, I was told that if I eventually moved to a place where I was unable to use the service the early termination fee (ETF) would be waived. About two months ago I again called DirecTV and, while making a minor change to my account, verbally confirmed with a service representative (ID #413117) that the ETF would be waived if that happened to be the case.

Yesterday, after double checking with my landlord that there was no chance I could install the dish, I reluctantly called DirecTV to cancel... only to find out that they won't waive the ETF. "Robby" (ID #402875) claimed to be the account supervisor despite being a first line representative and insisted that his own supervisor (ID #U2985) "doesn't get on the phones." He claimed that he could find no record in either of the previous call logs that I been offered a waived ETF. Another call this morning to DirecTV customer service found them in agreement: my ETF would not be waived. And, sure enough, the DirecTV Service Agreement makes no mention of moving to an apartment or area incapable of properly positioning the dish.

However, since I had already been lied to twice by DirecTV representatives I figured that I should call their sales department. So, this morning I called their sales number pretending to order new service and inquired as to whether or not there would be an ETF if I eventually moved to an area without service. Essentially, I replicated my initial sales call with DirecTV from seven months ago, but this time with a recording device.

Sure enough, the sales representative I spoke with repeatedly assured me that the fee would be waived if I were to move to a home that I could not get service at. So, at least DirecTV sales is consistent about giving false information. It should be noted that this representative was the rule, not the exception: all four times I have asked DirecTV sales people about the ETF waiver and all four times I have received the same incorrect response.

When I called retentions back and pointed out that I'd been told this repeatedly and had a recording, I was told that there was nothing that could be done except that a note would be made in my account and a higher up emailed.

If DirecTV's customer service representatives had simply been honest with me I wouldn't really have anything to complain about— I'd just pay my ETF without complaint. But the fact that sales and retention tell customers starkly different things about the service commitment is troubling, to say the least. I would have switched back to DirecTV the moment that I moved to an accommodating home, but why would I choose to do further business with a company whose representatives are apparently coached to lie?

Hopefully your readers won't make the same mistake I made: make sure anything that any DirecTV representative tells you is backed up in writing. Because even if you record them promising something they won't honor it. And if you do post anything about this, please remove my personal information.

Sincerely,

Ian
DirecTV Account #[redacted]

P.S. Neither representative could tell me exactly how much my final bill would be, even after I gave them a firm cancellation date. I was told "around $200", but at this point I have no reason to believe that this is the actual amount I'll be charged.

P.P.S. The ID numbers were given to me over the phone by "Robby".

Also, my service appears to have just been turned off— five days early (termination date was April 29). I confirmed that it was set for the 29th with two representatives. I can't even access my recorded shows on my DVR since they are dependent upon an active service. I'm calling DirecTV again now.

I'm so sorry, but I do not buy into 90% of the hype brought to us audiophiles by the commercial sector of our hobby and the home entertainment industry at large. My brother, an audio engineering whiz kid has proven to me what is real and what is not. Let me rehearse with you an example of how he does this.

We gathered up a 5 of our audio buddies. We took my "old" Martin Logan SL-3 (not a bad speaker for accurate noise making) and hooked them up with Monster 1000 speaker cables [ed. Monster Ultra Series THX 1000 Audio Interconnects] (decent cables according to the audio press). We also rigged up 14 gauge, oxygen free Belden stranded copper wire with a simple PVC jacket. Both were 2 meters long. They were connected to an ABX switch box allowing blind fold testing. Volume levels were set at 75 Db at 1000K Hz. A high quality recording of smooth, trio, easy listening jazz was played (Piano, drums, bass). None of us had heard this group or CD before, therefore eliminating biases. The music was played. Of the 5 blind folded, only 2 guessed correctly which was the monster cable. (I was not one of them). This was done 7 times in a row! Keeping us blind folded, my brother switched out the Belden wire (are you ready for this) with simple coat hanger wire! Unknown to me and our 12 audiophile buddies, prior to the ABX blind test, he took apart four coat hangers, reconnected them and twisted them into a pair of speaker cables. Connections were soldered. He stashed them in a closet within the testing room so we were not privy to what he was up to. This made for a pair of 2 meter cables, the exact length of the other wires. The test was conducted. After 5 tests, none could determine which was the Monster 1000 cable or the coat hanger wire. Further, when music was played through the coat hanger wire, we were asked if what we heard sounded good to us. All agreed that what was heard sounded excellent, however, when A-B tests occurred, it was impossible to determine which sounded best the majority of the time and which wire was in use. Needless to say, after the blind folds came off and we saw what my brother did, we learned he was right...most of what manufactures have to say about their products is pure hype. It seems the more they charge, the more hyped it is.

Speakers; When is good enough, enough [Audioholics] (Thanks to Shane!)

RELATED: Monster Cables, Monster Ripoff: 80% Markups

Microsoft's Zune actually came in second place, but when you compare price and battery life, the Sansa View is the better value.

• Apple iPod Touch - great sound and interface
• Microsoft Zune - great sound, great UI but hypersensitive
• SanDisk Sansa View - half the price of the Touch, navigation mimics traditional iPods, great sound
• Creative Zen - large screen but requires too much button mashing
• Samsung P2 - touchscreen is "finicky", sound is "flat"

What's particularly nice about the service is Last.fm has arranged to pay artists directly every time a song is streamed, and independent artists are treated as equals to those stuck under big labels.

We already have licenses with the various royalty collection societies, but now unsigned artists can put their music on Last.fm and be paid directly for every song played. This helps to level the playing-field—now you can make music, upload it to Last.fm and earn money for each play. If you make music, you can sign up to participate for free.

We're not printing money to pay for this—but the business model is simple enough: we are paying artists and labels a share of advertising revenue from the website.

[via Caveat Emptor]

It's clear, sometimes the only way to get a company to not screw you over is to become a threat. Luckily, you don't have to work on a national radio show to get leverage, you can employ many of the wonderful techniques described in The Ultimate Consumerist Guide To Fighting Back.

253: The Middle of Nowhere [This American Life] (Thanks to Mike!)

States either have laws requiring one-party or two-party consent. One-party means just one person, which is to say, yourself, has to be okay with recording the call for it to go forward. Two-party means that both parties have to agree to the call being recorded. These are mainly in place to prevent law enforcement from abusing their ability to listen to phone conversations, but if you want to be super-safe, you can make your call from one of the one-party states.

If you should actually ever try to ask permission to record the call. Most customer service reps are trained to terminate the call if the customer is recording the conversation. Kinda strange, considering that every single one of their robo voice lines says, "This call may be recorded," but hey, that's the breaks.

Here's the state-by-state breakdowns, inside...

States Requiring Two-Party Notification
California
Connecticut
Florida
Illinois
Montana
Michigan
Maryland
Massachusetts
New Hampshire
Nevada
Pennsylvania
Washington

States Requiring One-Party Notification
Alabama
Alaska
Arizona
Arkansas
Colorado
Delaware
District Of Columbia
Georgia
Hawaii
Idaho
Indiana
Iowa
Kansas
Kentucky
Louisiana
Maine
Minnesota
Mississippi
Missouri
Nebraska
New Jersey
New Mexico
New York
North Carolina
North Dakota
Ohio
Oklahoma
Texas
Utah
Oregon
Rhode Island
South Carolina
South Dakota
Tennessee
Vermont
Virginia
West Virginia
Wisconsin
Wisconsin

Check this post for options to start recording your calls.

(Photo: Getty)

UA: You know what? I really need to go, because I have work to wrap up before the end of my workweek.
JH: And this is annoying, isn't it?
UA: Yeah, it is annoying. But you know what? I'm able to tune stuff out that I don't really want to hear.
JH: You know why? Because you're not captive on a plane.

The Airline Rewards Credit Card Prank [Zug]

1) What is the data overage rates for the basic 10MB data package for $29.99?

2) If you get the Core Choice 450 minutes package with unlimited data, what is the data roaming rate in Canada?

This video is a cutup of all the different answers he got. You'll be amazed at how many times they get it wrong.

The survey was conducted before the cellphone company publicly pledged to retrain their customer service reps on the difference between dollars and cents, but the video still shows how systemically the bad math disease had infected Verizon.

How Bad Can a Cell Phone Company Get?: Verizon Misquotes Rates 93% of the Time [EyelessWriter] (Thanks to Aaron!)

Ive: I'm calling just to pretty much clarify the PS3's warranty, if there's any clause in the warranty that makes it so that if the PS3 is too dusty that the warranty is void.

CSR: No.

Ive: No?

CSR: No. The only way that it, um, voided is if it was neglected, um, abused, dropped or anything like, modificated like if you opened it up, modification, if you didn't have your receipt, um, any power failures like mother nature or anything like that then that actually does void the warranty. Other than that any defective PS3s or anything like that is still, um, still under the warranty.

Notice how Ive uses Ron Burley's trick to stay out of trouble for recording the call. If Sony wants this to end well, they should reach out to Ive, apologize, and offer to repair his dusty PS3 for free.

PREVIOUSLY: Dust Voids PS3 Warranty
(Photo: lunarworks)

For example, the revamped SanDisk Sansa View has double the memory and a slightly bigger screen than the new iPod Nano, plus an FM tuner, microphone, and expansion slot, and it costs the same amount. Is it as nice looking? Meh, it's getting hard to tell at this point, if you value functionality over form. Even the Zune—with a capacity and price equal to the iPod—is starting to look decent, with its well-designed interface, strong styling, and broader format support.

The one thing you'll miss out on is the ease-of-use of being locked into the iTunes/iPod symbiotic relationship. Depending on how comfortable you are with figuring out a new syncing set-up, this may or may not be an issue for you.

The article brings up another potential drawback, depending on how you look at it: you won't find anywhere near the same aftermarket support when it comes to accessories and cases. But then again, if the product is made properly, it doesn't really need a case, whereas digital audio players that are designed to wear when working out usually come with straps or attachments.

(Disclaimer: we rely on a screenless Shuffle, which has its own obvious drawbacks, and our Nokia phone, which would be perfect if not for the battery drain.)

"Don't want an iPod? Lots of choices available" [Reuters]
(Photo: Getty)

Oddly, the winning headset didn't provide superior sound quality, but its single-button design made it "incredibly easy to operate, and the squishy rubber loop/in-ear earpiece design was by far the most comfortable I tested."

The fancy $120 Jawbone headset (the one that looks like a tiny, sporty cheese grater) landed right in the middle of the pack. Writes the reviewer:

I didn't mind its relative bulkiness, but the concealed buttons represented an irritating emphasis on style over function. Several times, I ended calls when trying to navigate the noise-cancellation feature, and I never managed to jack up the volume to a satisfying level.

Ranked from worst to best:

• Samsung WEP410, $99.95
• Nokia BH-208, $39.95
• Motorola H700, $99.95
• Jawbone, $119.99
• Jabra BT 8010, $149.95
• Blueant Z9, ($99.95)
• Nokia BH-803, $149.95
• Plantronics Voyager 520, $99.95

"Can You Hear Me Now?" [Slate]
(Image: Plantronics)

Call 1 19:20 min: "I'm sobbing and thinking of ending my life."
Call 2 16:22 min : "I'm now literally punching my way through walls with my bare hands."
Call 3 23:00 min: "It is all I can do to keep my temper with this guy. I am inventing new swear words in my mind."
Call 4: "She cuts me off when I ask to speak to a supervisor."
Call 5: "Today I got Comcast. Already a million times better than earthlink."

If Steve was even more clever, he might have tried reaching an executive and mentioning that unless satisfied, he might have to perform his civic duty and warn other customers away from Earthlink by posting his experience. Then it would have evolved from mere revenge tactic to a point of leverage.

The catalog of Steve's adventures in futility remain forever immortalized at his site Earthlink-sucks.com.

(Image: The Illustrated History Of Scientology)

Listen to the clip

Transcript inside...

10:56: OMG, Stevens is back and better than ever!
10:57: Stevens: "Let me be just the Devil's Advocate here. Could I just decide I want to keep my wireline and I want to add wireless to it? Can I have two providers on the same number?"
Awkward pause: "Um, I don't think that technology exists right now."
Stevens: "If I had an IP phone, by definition, I'd have to leave the wire... wireline phone to use it?"
Answer: "I think that is the case with the technology today."
Stevens: "Is it coming? Why shouldn't I be able to say, just by a little switch on my phone at home that's wired, I'm going off on the wireless now, I want to use this as I ride my motorcycle."
Stevens: "I'm bad. Pardon me."

We think Ted is talking about being able to use voip, landline, and wireless, all with the same number, and, presumably, even different providers, which would actually be pretty cool. Almost as cool as riding a fatback hog down the information supertubeway.

PREVIOUSLY: Liveblogging The Senate Commerce Committee Hearing On Number Portability

It's really quite amusing, you can practically hear in the rep's voice the list of objections he's cribbing from...

• long lines
• 3 clicks from the front screen to make a call
• iPhones sold out

...made all the more laughable because Matt already has the phone.

The best part is probably when Vic asks Matt if he still wants to stay with Tmobile and Matt says, "No," and then Vic asks, "Was that a yes?"

They try to sell him to taking to the Tmobile Wing, give him a month of free service, or reduce his service fee to $20 a month and keep his phone "as a backup."

Don't know what "Vic" was expecting... that he could really talk Matt into returning his iPhone and keeping Tmobile service? A for effort, F for reality.

Canceling tmobile [A Whole Lotta Nothing]
(Photo: theerin)

You can buy it direct for $38.40, a special kind of screw, indeed.

However, in Finland, it was probably delivered by 23 naked ice virgins. — BEN POPKEN

This screw, it is SPECIAL [QuarterOfThree] (Thanks to Singe!)

Cheap imported Asian catfish have been undercutting American catfish farmers for years, driving some out of business even as they complained about the foreign fish illegally containing antibodies. It wasn't until the melamine scare, though, that they could get the bandwagon started.

"Well, we know the FDA only checks a little over 1 percent of the food," said Mississippi Department of Agriculture Commissioner Lester Spell. "So if you're finding that type of volume, there's a tremendous problem out there. That's just the tip of the iceberg."

The director of the Mississippi Poison Control Center said that eating the tainted catfish poses no risk to anyone eating them.

However, not courting Delta catfish farmer could prove toxic to Spell's re-election bid. — BEN POPKEN

States Ban Catfish Imports From China Over Tests [NPR] (Thanks to Frank Grimes!)
Photo: Miss Catfish 2007
PREVIOUSLY: Walmart Pulls Contaminated Frozen Catfish From China

Seemed that when he was in Cingular store earlier that day, the salesman had added on an extra service to Matt's account without his permission, a $19.95/month service that would let him access wireless internet at airports.

The rep on the call, which Matt recorded, basically admits that Cingular store salesmen will add on features that you didn't ask for, just so they can make bonus!

He asks why this service would be on there that he didn't request. She says, "...when you go into a store, they make commission, but I'll just erase this for you...it's best just to go through the phone when you want something, because they're just all about commission, unfortunately."

The service had a 30 day free trial period, so Matt wouldn't have noticed for a month if he hadn't called and checked.

This call was recorded in 2005, so surely they've put a stop to this by now... — BEN POPKEN

Cingular: Here I Come...FUCKERS! [Matt And That]
(Photo: dmeyer)

Let's recap: If one party changes the contract in a materially adverse way, such as increasing a price, the contract is void. We just had pizza and wine with a lawyer last night and he confirmed this was the case. It doesn't matter if it's 60 days or 600 years, the contract is completely over.

Also, the degree of adverse change doesn't matter a wit either. Michael could be paying one extra cent a month, and it would still be materially adverse.

Michael sent the following complaint letter...

(Photo: Meghann Marco)

to: robert.barish@verizon.com, suleiman.hessami@verizonbusiness.com, joseph.j.russo@verizon.com, robert.e.ingalls.jr@verizon.com, doreen.a.toben@verizon.com cc tips@consumerist.com date May 6, 2007 3:54 PM subject Need Immediate Assistance

To Whom it May Concern:

I cancelled my Verizon account on Friday, April 13th, 2007. I did this in response to a fee increase levied by Verizon in regards to text messages increasing from .10 to .15 per message. This directly and adversely affected me as I would send 10-20 text messages per month and the total would be $1.00 to $2.00. With the increase I would be "forced" to pay for a text messaging plan that I would not use completely.

I called your customer service and spoke with Diane who was in your Escalation Queue and after speaking with her for sometime, she agreed to waive the cancellation fee and noted my account accordingly. A few weeks later, I received my final bill in the mail stating that I indeed owed the $175 (see attached PDF). I called customer service once again and spoke with a Shamaya (pardon my spelling) and she did see that the account was approved for the waiving of the fee and promptly re-submitted it.

On Thursday, May 3, 2007, Shamaya left me a voicemail stating that we cannot honor this request, even though it was already approved and verified twice by your CSR's. I have attached the voicemail to this message as well for you to hear (if you are unable to receive a ZIP file please let me know and I can forward it on in another way.) Shamaya stated that I did not do this properly and it does not adversely affect me in anyway. Unfortunately, nor Shamaya or your company knows what adversely affects myself or my family.

I do not understand how I can go about this in any other way. Everything was approved and then the rug was ripped out from under my feet during this process. I am hoping by contacting you directly you can point me in the right direction to resolve this issue. Please contact me at your earliest convenience.

Sincerely,

Michael K.

Good job, hold their feet to the fire. If those emails don't get you anywhere, try calling these 14 Verizon Executives' Phone Numbers. — BEN POPKEN

Listen to the whole mp3 recording (32 min)
Call to 38th st Crunch (2:46)
Call to Chelsea Crunch (5:12)
Call to Corporate (5:52)
Interview With Angie (18:07)
(full transcript inside)

Angie said she took a stationary bike or "spinning" class on Tuesday and found her group subjected to a bizarre, forced, Spiderman 3 marketing experience...

As the lights dimmed, the instructor that today was going to be a Spiderman 3 class. Two plasma screens came on and played the movie trailer. One lady got up and said, "What the heck is this all about?" and left. Then the class began with the usual instructions to speed up, to slow down in certain parts, and as the group pumped away, silent interview clips with the Spiderman 3 stars played on the twin monitors. Music from the movie pounded in the background.

Angie found the experience disconcerting and uncomfortable. No warning was given that this would be the Spiderman 3 class. The marketing materials were not incorporated into the class, they didn't bike down Spiderman Street.

We weren't able to get much out of Crunch, though it was fun trying and getting transferred to voicemail box "unknown," apparently a trans-dimensional portal of some sort. You also get to hear us attempt to beatbox to the hold music. You don't hear it in the call, but we left messages which were not returned. We also sent emails, which were not returned.

We did find that the movie clips were restricted to just one location, at 38th st, and it was only for three days this week.

It's pretty creepy how advertising penetrates into every orifice of human existence. New technologies let consumers block website ads and popups, or fast-forward through commercials. We've come to expect all manner of advertising in public spaces, even boys spinning arrows on street corners. But when you're paying not inexpensive annual fees to go to a gym, you should at least be able to choose if you're going to attend a co-branded aerobics class. It's hard enough to go to the gym as it is, and when you do, they exploit you with a shoddily assembled marketing experience. Good luck trying to cancel your membership in protest, gym contracts are notoriously difficult when it comes to doing so.

Just another reason why it's best to sign up for a month to month plan. The initial membership fee may be higher but it can end up being well worth it if you need to exercise some consumer choice. — BEN POPKEN

PREVIOUSLY: Hapless Crunch Gym Aerobics Class Trapped In Spiderman 3 Marketing Web

Full transcript follows:

**************************
38th street

CONSUMERIST: I had a question about your spinning classes.

Crunch: Mmhmm.

CONSUMERIST: I was hearing from a friend of mine that you guys were playing, like, Spiderman music and clips in those classes. Is that true?

Crunch: Okay, give me one minute.

CONSUMERIST: Okay.

Crunch: It was only for three days, it's back to normal now.

CONSUMERIST: Oh, um, so you're not doing it anymore?

Crunch: No.

CONSUMERIST: That's too bad 'cause I like Spiderman. Are you guys going to do anything like that in the future? Like do a little combo movie-

Crunch: We might, we're always doing something new. They always come out with something new, so you never know.

CONSUMERIST: Yeah. Do you get like a reduced cost when you go to a class and like they're showing you like marketing clips and stuff? Do you get like a free class for that?

Crunch: Well all classes are inclusive with the membership-

CONSUMERIST: All what?

Crunch: All classes are free with the membership.

CONSUMERIST: Oh, so but if you go to one of these spinning classes where they're showing you the movie do you get like a little discount off your membership annual cost for seeing those ads or anything?

Crunch: No.

CONSUMERIST: You guys should do that, 'cause that would make some good sense.

Crunch: Yeah.

CONSUMERIST: Before you go into the class do you sign a form that says, like, you're agreeing to see advertising or anything?

Crunch: Not really, there's sign-in sheets down at the front desk when you come in just to sign up for the class, but nothing like that.

CONSUMERIST: Oh, okay. In the membership agreement does it say that when you go to classes you might see you know, Crunch gym has the right to market to you when you're in the class?

Crunch: I'm pretty sure it doesn't.

CONSUMERIST: It doesn't? Okay, so like people aren't informed at all that you go to the gym and then be subjected to a marketing campaign?

Crunch: No.

CONSUMERIST: Okay, wow. Who's your favorite Spiderman villain?

Crunch: I don't really watch Spiderman.

CONSUMERIST: You should, it's good. I like Venom, he's pretty scary. You got to watch out for him in the new one. My favorite Spiderman comic was the one where people went to the gym and they thought they were going to exercise and instead like they got subjected to a marketing campaign and then they went out to the movie like zombies. It was crazy, cause that's kinda like what cults do. Thanks, have a good day.

**************************
Chelsea

Darrell: Crunch, this is Darrell.

CONSUMERIST: Hi Darrell, I heard from a friend of mine that your spinning classes are showing Spiderman clips, is that still going on?

Darrell: In our spin classes at ???????

CONSUMERIST: Yeah in the spinning classes.

Darrell: Let me check that, please hold. *hold* Thank you for holding please. I believe they're showing them at our 38th street facility, we aren't showing any Spiderman clips in our spin class.

CONSUMERIST: Oh, are you showing them, are any of the other locations doing anything like that or just 38th street?

Darrell: I assume 38th because that's what it says on the sign.

CONSUMERIST: Oh okay. Are you guys planning on doing anything like that? A little combo exercise/marketing adventure?

Darrell: Those decisions are usually made by our corporate office, they're not made on a club level.

CONSUMERIST: Okay, I was just wondering if you knew of any upcoming for your location?

Darrell: We're not exactly sure, they don't send it to us until maybe a couple of days before the event.

CONSUMERIST: Oh.

Darrell: So it's not like we have stuff planned months in advance, there's a lot of different programs, a lot of different classes, so it's really hard to say.

CONSUMERIST: Yeah. Does that seem like a good idea to you to-I mean, maybe like people could get a discount off their annual membership fee if they go to a class that's got like a bunch of advertising in it.

Darrell: Once again, that's not a decision made by us at the club level, that's usually made by our corporate office. So, we're not even, we're not able to make those type of decisions.

CONSUMERIST: Right, well maybe like if you could put that in the suggestion box or something.

Darrell: Yeah, absolutely, that's a great suggestion. We could totally do that. Everything else, like the major decisions, are made by our corporate office. Would you like the number?

CONSUMERIST: Uh, sure, why not.

Darrell: Are you in Marketing?

CONSUMERIST: No.

Darrell: Are you a member?

CONSUMERIST: Yes.

Darrell: Okay.

CONSUMERIST: I mean, what do you personally think about that? You know, you go to the exercise class and then you know you're seeing like a marketing campaign, basically, that you weren't expecting.

Darrell: I don't actually take spin classes, I have a bad leg, so I wouldn't even know what to think. It's really hard for me to say, I don't really have an opinion on that.

CONSUMERIST: Okay. I mean, in a hypothetical universe where you didn't have a bad leg and you did take spinning classes, and you walked in one day and Spiderman was up there. And it wouldn't even have to be Crunch, it could be some other gym.

Darrell: Honestly, it's a company, we're not really able to make those type of comments.

'Cause I work for the company, so we're not able to make comments like that. It's best for a member that has a suggestion to contact out corporate office, or what they could do is just fill out a suggestion card. I work for the company so I'm not able to make any type of comments or suggestions.

CONSUMERIST: Right.

Darrell: So it's hard to say.

CONSUMERIST: Right. I mean, just like as a person-to-person, I heard that and went, what?! So I'm wondering what other people think.

Darrell: Yeah, I mean we haven't gotten any feedback, like we don't do it here at this facility, so it's really hard to say. I would suggest to call a club where they do have the advertisement, perhaps, maybe someone from the staff over there would have a better feedback. I don't know if they'd be willing to give you that type of information. I couldn't even comment on that, we don't have that going on here, so it's really hard to say. Good luck though, would you still like the corporate number?

CONSUMERIST: Yeah.

Darrell: Okay, it's area code 212, the number is 993-0300. You could just hit 0 and the operator will direct your call.

CONSUMERIST: Okay, is there like a special person I should ask for?

Darrell: Well once you speak to the operator she'll direct your call to the right person. Okay?

CONSUMERIST: There's no head of incidious marketing campaign that-

Darrell: Well they have a corporate listing of all of the departments, like we don't have it here at the club. The operator, she has a huge listing of exactly the right person it should go to.

CONSUMERIST: Great.

Darrell: Okay? Good luck.

CONSUMERIST: Thanks for your help.

Darrell: Your welcome, have a great day.

CONSUMERIST: You too, ciao.

Darrell: Thank you. Good bye.

********

Corporate

Crunch: ??? how may I help you?
Consumerist: Hi, yes, I have an opinion about a marketing campaign that Crunch gym is participating in and I wanted to talk to someone about it. I actually had a suggestion that I think would be a good idea for you guys.
Crunch: Sure hold on.
*singing*
Crunch: I'm going to transfer you over to the human resources department and they'll put you through to the right people.
Consumerist: Okay. *singing about human resources*
Voice: You are being transferred to Sarah Barbo.
*singing about Sarah Barbo*
Sarah: Crunch, this is Sarah.
Consumerist: Hi Sarah, how are you?
Sarah: Good thank you.
Consumerist: I had an opinion about a Crunch gym marketing campaign and a suggestion. Are you, what's your position there?
Sarah: I'm the HR manager.
Consumerist: HR manager? Okay, I'm not sure if you're the right person to speak to.
Sarah: Probably not.
Consumerist: So like customer service, or PR?
Sarah: Yeah, I'm actually probably going to transfer you to the creative director. Hang on one second, okay?
Consumerist: Okay, so it's like, I'm not going to get a job with Crunch gym so why are they sending me to human resources? Okay.
*singing and sound effects*
Crunch: Please leave a message after the beep-
*various and sundry obscenities*

****

Interview with Anie

CONSUMERIST: Hi Angie, this is Ben Popken from the Consumerist.
ANGIE: Hi.
CONSUMERIST: Hi how are you?
ANGIE: Good, how are you?
CONSUMERIST: Pretty good. So, I wanted to talk to you real quick about your experience at the Crunch gym.
ANGIE: Okay, I'm glad you're interested because at the time when it all happened I knew I could leave and complain to the people at the desk, but I didn't feel like it mattered. You know, it'd just be like what a cranky person, forget it, she's not fun, so it's kind of nice, I'm glad that you're interested because it was a really awful experience and it made me worry about the future of everything. Even more than I already do-like marketing and advertising invading our lives.
CONSUMERIST: Totally. At first I thought it was kind of funny, but then the more I thought about it there's something really wrong about this.
ANGIE: Yeah, that's how I felt.
CONSUMERIST: It's not like going to the gym isn't hard enough as it is.
ANGIE: I know.
CONSUMERIST: Alright, so why don't we start, why don't you just kind of tell me what happened on that day.
ANGIE: Well I was going to a class that I had just started trying to regularly go to, and I like the teacher, and she was setting up and I noticed that she was doing, there was two plasma screens in there, and I had never noticed them before.
CONSUMERIST: What kind of class is this, sorry?
ANGIE: It's a spinning class, so that means it's in like a small room, very concentrated, where there's maybe like 50 bikes in a room that's 150 square feet. I mean I'm probably stretching it a little bit, but it's very crowded and part of it is that you're in this dark room listening to loud music and you just pedal really fast, and you kind of just, it's an intense cardio thing. I thought it'd be a thing I'd never like, but I'm really into it, I don't get bored and you're just constantly going. It's really about a group experience and loud music, kind of thing.
CONSUMERIST: So you kind of like get into the zone-
ANGIE: Get into the zone, and you listen to the music and, I chose this class cause I like the music my instructor plays, and I found that I lose myself and just exercise and don't get bored. And that's why I go to that class. But it is kind of, when you're new to the gym, it's like a weird, it looks like a weird room cause it's like a dark room with a black light, and it just doesn't seem like what you'd expect of a gym, but I've opened my mind to it and I like it.
CONSUMERIST: Kind of sounds like a dance club experience.
ANGIE: It's like being at a dance club experience but no drugs or drinking and you're on a stationary bike. So it's like a very intense class and you go for 45 minutes and often you kind of get the endorphin high, so moreso than other classes I feel like a different person when I'm done with it cause it's so intense...if it went well. So all of those things take into consideration, and I'm going to this location that's not normally the location I go to, but I started going there because it's close to my job. And, so two plasma screens, I hadn't notice them before, because ??? and they hand't been turned on. So the teacher was turning them on, and I was kind of thinking well I don't know if I want to watch television, but whatever, maybe what's they want at this club. And then it was just really awful that she's like, well today's going to be the spiderman 3 class, the Spiderman ride. And this teacher, she was being very, she didn't use any sarcasm about it, but I could tell just from how she is, I could tell this was just awful this was for her to have to do, but she didn't say anything negative about it at all. She was very, like mutual.
CONSUMERIST: OK So what happens after the TV screens going on
A: The TV screens are on and she says well I'm showing spiderman clips and I have to show you the trailer before we get started and you're not going to hear the dvd while we're going on the bike so we had to watch the trailer of spiderman. And she says now for our workout we're going to be listening to music from spiderman 1 and 2 and then you can watch these videos. The rooms so small, like two plasma screens are really drawing to your eyes and they're bright and no matter how much I tried not to look at them you kind of can't avoid them. Also there's so much action going on it's kind of makes you nauseous while you're on a bike going really fast and trying to exercise. So all that was going on.
CONSUMERIST: Yeah.
A: Then the music was not the kind of music that is normally in that class. It was like that droning grunge rock that's in spiderman and it's just kind of like ... it's what the whole case is. It's just annoying that we had to listen— it's like I didn't understand what the spiderman marketing team was trying to do by making us have to watch that for forty-five(?) minutes. It was just like clips of maybe the different actors talking into the audio. You could see their talking heads like Tobey Maguire and I don't even know what they're saying and it's like they're a presence in the room.
CONSUMERIST: [laughs]
A: In the meantime we're listening to all this music, and it's just one of those things where I got more stressed out by the class. Then at the end of the class they did a drawing so they drew a number and they gave anyone on that bike one ticket to the premier of spiderman.
CONSUMERIST: Yeah.
A: What was frustrating is that I don't know if my comrades at the Gym — I don't know what their — There is a woman next to me lwho left and she's like, "What's going on with these TV's?", and she was strong and left and I always feel like my voice in the situation is always going to be the minority. I couldn't tell if people were into it but it just seems like I really — I always think that I'm more critical of these things because I come from an art background and I know about how marketing is operating on us. I study those things and I — I don't know if other people are just — I shouldn't assume that weren't offended but no one else walked out.
CONSUMERIST: Right.
A: Maybe they were all feeling the same way as me.
CONSUMERIST: Right. So these clips they kind of just sound like it was the B-roll stuff they would shoot for a TV studio. So was it integrated into the experience? Were you like travelling down/biking down spiderman's street or anything like that?
A: No it was like as if I were watching HBO at 3:00 AM and saw like the making of clip and some of the talking head— It wasn't even like sometimes on cable they put together a making of the film to promote it. It wasn't edited together, it was like a really rough DVD that was probably released— It made me feel like they were editing the movie before the premier on Friday and this was all that they had to send out. It did not add to the experience it was like being in a sports bar and there was something going on the TV and you're just kind of passively— It was like crap that they would put out on cable it wasn't part of the biking thing, it was more about exposing us to the whole Spiderman thing.
CONSUMERIST: Right... In sort of a clockwork orange kind of way
A: That's a good analogy!
CONSUMERIST: So before you went to the class was there a sign on the door that said this was going to be the spiderman 3 class?
A: Well there wasn't — I didn't notice on the day we started because I went to that gym for another class and I don't remember seeing any spiderman stuff. Then when i walked in I saw a poster with spiderman but I didn't really put together that they were going to do that. I thought maybe there was a drawing and I didn't— I'm not interested in spiderman so I didn't even read the sign I just saw his face. I think there was warning but I didn't know what their [indiscernable].
CONSUMERIST: Did they offer you a reduction in your annual membership, as kind of like an incentive to —
A: No. There wasn't any— The incentive was you would win tickets to see the movie. That was one thing I was frustrated about— It was like they're making more money off of marketing to us so you know why not offer us a discount in our membership if we choose the marketing classes or something. There's no reduction in our membership for taking a class like that. I'm kind of like — I've been there maybe three months and that's the first time I've been in this kind of class. I don't know if that goes on occasionally — I've seen other branded classes but I don't think they involve like a TV and — like I've seen like the "Dreamgirls" aerobics class where you're running the dances from Dreamgirls or something. I've seen things like that which are more like kind of mocking the style on TV but I've never noticed anything like this where you're forced to watch the package that was spiderman. I don't know the company if it was Dreamworks or who makes spiderman but I've never seen anything where they have a clear marketing package that's being broadcast. That's what I found really disturbing about it.
CONSUMERIST: Right. Do you remember anything in the terms of service or the agreement, like, "We might have these marketing plans"
A: If it was in the fine print I don't remember. All I pay attention to on those things is how to cancel and the obligations—
CONSUMERIST: [laughs] So are you excited to see spiderman 3?
A: [laughs] No. It was like what am I going to do if I won these tickets? Do I rip them up in front of everyone? I didn't win so I didn't have to deal with that. It also kind of made me depressed about how the movie business is all about marketing and all the other things that happens from movies— I know that most movies are about money-making and it was just gross to see that they thought they felt had to stoop that low. I feel like the movie is very appealing to popular culture and I don't understand why getting another thirty people in my class to go is really going to jack up— I don't know what their grand scheme was. It felt really sinister that they were stooping that low to constantly focus a group of people for forty-five minutes is really strange.
CONSUMERIST: So do you think you're going to go back to the class or back to the crunch?
A: Well I'm a member and I did reconsider being there and I feel like it's kind of the gym that I can afford to go to that is convenient to me and I just want to be more leery of those things starting to happen if they start happening more often I will definitely not be a member there anymore. I'm hoping that this was fluke that they were trying and I wrote them an email on their contacts thing to say that I didn't like this, but I don't know how much those things are read by anyone who makes decisions or if one person who is writing to them is going to make them reconsider the money they could make? I did voice it to — [indiscernable] - You never can contact anyone you're always just sending a recommendation card to people and you don't really know who is reading it.
CONSUMERIST: mmm hmmm
A: That's why I contacted you because I just felt that this is much more immediate and I want them to really know and sending an email I feel like you've given us a solution to really making them thinking about it.
CONSUMERIST: Yeah. Probably good instinct because I called myself and I had two different ways. One way I said I had a suggestion and a complaint and the other time I tried asking for the VP of marketing. In both cases I got transferred to and it said, "Looking for, Unknown!", which I thought was really strange. Then I ended up in some random voicemail box and who knows what happens with that.
A: They don't give you any — I found out with other clothing stores where everything is broken if you ask to complain they'll give you a card that you know is going into the big huge box of suggestions and you never feel like you have a voice in anything. I thought it was great that that woman left the class but I also know that she's doing it for herself, but it's not going to — those kind of gestures aren't going to change their attitudes towards it because it's just one person. I didn't feel like I could organize the whole group [laughs]
CONSUMERIST: Come on! Revolt!
A: I mean you think everyone else just wanted to get it over with and so and some people watch TV more and maybe they wanted to listen in to it like I don't have a big TV in my house so, but I think that it was very sinister and I don't think it was beneficial to anyone but the people making money from it.
CONSUMERIST: There we go.
A: [laughs]
CONSUMERIST: Anything you have— ?
A: It's exercising — it's supposed to be a selfish time and not a time that you're part of a marketing thing.
CONSUMERIST: Right. Or if it is maybe there should be some kind of compensation— They have — I've heard of plans where cell phones where it's advertising supported. Or a free car if it's plastered with ads or if you put a logo on your forehead and you get like a million dollars
A: [laughing] Maybe if I'd gotten a few months I would have maybe not cared as much. It's like they print out a schedule and I checked it online and they didn't have anything marked on that day that there was going to be a spiderman, you know what I mean? It's like when you're planning— we all have busy lives and I kind of have really special slots where I can have time to go to the gym. I didn't know that if I got there — I don't have a very selectable week that I can, "Ohh Forget it today, I'm gonna come back tomorrow", you know what I mean? Then I'd never go to the gym because that's a problem. I want like an email to warn me about it or something— these are our marketing classes this week and if you participate you might win a ticket to spiderman and then I would've known "I don't really care about that I don't want to go."
CONSUMERIST: Right
A: So yeah, I just felt like that there was no warning except for that poster and it felt like I had no choice in that matter besides leaving — I guess I could have done that but — It seems like a hostile way to run a gym where you feel like you have to leave a class.
CONSUMERIST: Seems like they dropped the ball in a lot of places on this one. I'm saying that, you know that's the take-away. Your entire effort: Failure. It didn't entice you to go see spiderman, now you have a negative feeling about crunch gym, it's the completely exact opposite of effective.
A: It's one of those things where I'm guilty right now of saying, "I don't think anyone else cares", but thats kind of just like assuming that we're naive to the power of these things. I'm sure more people in my class were happy about it but it's one of those things that annoyed me when I left because nobody was going to say anything, it was just going to be "Ohh well did you hear that— that people have accepted that as part of life that we have constant advertising?" maybe I'd probably be underestimating people in my class— I'm sure I'm not the only one who felt annoyed by it but I didn't get the chance to talk to anyone.
CONSUMERIST: All right, great, I think that about covers it all. Thanks a lot. Thanks a lot for all this and I'll try and put it together.
— closing —
A: My pleasure.
CONSUMERIST: My pleasure.
A: If you need anything else, let me know.
CONSUMERIST: Have a good one.
A: Send me an email with whatever you do with this.
CONSUMERIST: Sure, definitely.

I was listening to a call recording from our Service Quality Tracker, and the call was so ordinary, yet pointless, that I was inspired to create some video commentary.

RELATED: Send Us Your Customer Service Calls And We'll Mock Their Flaws

Truth 505 says,

"Whats up the consumerist I love the site, me and all my pals in Alb NM before we got laid off would get a good laugh the way u stick it to AOHell, anyways I'm writing you to let u know I'm a hiphop artist and I wrote a song about some of the stuff that went down @ aol the title of course is "F AOL" feel free to put it on your site and play it as much as you want, AOL has been a greedy company for years and its a shame they have no more call centers in the USA but call themselfs still AOL,, I'm not sure if u guys knew that but there are no more US reps there all outsourced to mexico india and the phillipians what a shame.........

HERES THE LINK TO MY SONG GIVE IT A SPIN IF U WANT PEACE"

Hot. When is the video coming out? — BEN POPKEN

f*** AOL [TRUTH 505]

Branded Car Audio Hits Full Stride for the 2007 Model Year (Press Release) [Buisness Wire]

Vincent ordered two scanners from CDW. One arrived, the other didn't.

When he called FedEx, they said the last info that they had was that the package had left Chicago. They couldn't provide any more information.

This called was placed around 12:30 PM today. At 2:30PM, FedEx called to say the package was on a ramp at JFK.

vincent: they can't tell me exactly where it is
vincent: who has it
vincent: OR
vincent: if i'll even get it today
vincent: I may, but no guarantee
vincent: other than that, the 40+ dollars I paid just got me second day air

When asked how this affected his opinion of FedEx, Vincent said, "I didn't have a very high opinion of 'em anyway. I like Kinkos over the UPS store, but when it comes to shipping I'll make sure CDW uses UPS or DHL now. This isn't the first time Fedex screwed me on a next-day package." — BEN POPKEN