<![CDATA[Consumerist: California]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: California]]> http://consumerist.com/tag/california http://consumerist.com/tag/california <![CDATA[ Hospital Sends $29,000 Bill To Parents Of Murdered College Student ]]> Not only did the UC Davis Medical Center send a $29,186.50 bill to the parents of college student who was beaten to death by his roommate, they also sent a letter letting them know that their son was considered indigent and was no longer welcome at the hospital if he needed further treatment. He doesn't, of course, because he is deceased.

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

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

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

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

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

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

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

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

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

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Consumerist-5398768 Fri, 06 Nov 2009 11:37:40 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5398768&view=rss&microfeed=true
<![CDATA[ 5 People Charged With Robbing And Torturing Mortgage Modification Agents ]]> KTLA says that five people have been charged with torture, robbery and false imprisonment after luring two loan modification agents to a location and then holding them for hours, beating and robbing them before one escaped.

Prosecutors say Daniel Weston and Mary Ann Parmelee hired two loan modification agents in hopes of keeping their home but believed the men took their money and did nothing.

Each of the alleged torturers are being held on about $1 million bail each.

5 Charged With Torturing Home Loan Agents [KTLA via Fark]
(Photo:austrini)

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Consumerist-5391010 Tue, 27 Oct 2009 12:36:13 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5391010&view=rss&microfeed=true
<![CDATA[ State Job Website Has Great Opportunities For Self-Starting Identity Thieves ]]> CBS 5 exposed a "gaping hole" in the code of California's state-run employment website that allows anyone who views the site to access and modify other users' resumes and personal info simply by changing some numbers in the URL.

CBS 5 spoke with a man who had uploaded his resume to CalJOBS, the state jobs website where residents must register in order to receive unemployment benefits. The man bookmarked the URL where his data was, but each subsequent time he viewed the link, he saw different users' information, including addresses, employment history, and other information that could easily be used by identity thieves.

After CBS 5 showed the glitch to a computer security expert, they discovered that it was possible to modify other people's resumes.

California says they've since fixed the glitch and are going through the site to make sure there aren't any more giant security liabilities. We're glad it's back up, as there are probably a few former state IT workers who need unemployment benefits.

Security Flaws Discovered in California EDD Website [CBS 5]
(Photo: Amazon)
Thanks, Matt!

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Consumerist-5390373 Mon, 26 Oct 2009 17:26:57 EDT Alex Chasick http://consumerist.com/index.php?op=postcommentfeed&postId=5390373&view=rss&microfeed=true
<![CDATA[ DirecTV Charges Wildfire Victims For Burnt TV Receivers ]]> DirecTV was planning on charging several victims in the largest fire in recorded Los Angeles County history for the satellite TV receivers that burnt to cinders in their homes. "What I'd like to do is take a shovel full of ashes from my cabin and dump it on their desk. They can have their receivers back," Ken Gray told LAT.

"I told them my house had burned to the ground and that I wouldn't need DirecTV anymore," he said. "They said, 'OK.' "

But on Oct. 1, Gray saw that DirecTV had withdrawn nearly $280 from his bank account. He immediately called the company to ask what was up.

"They said it was a non-return fee for my two satellite boxes," Gray recalled. "They said it wasn't negotiable."

Luckily Ken Gray got in touch with reporter David Lazarus and the company said that they had neglected to flag Mr. Gray for "special handling." Fair enough. But why couldn't the customer service reps had a soul in the first place?

DirecTV customer service leaves Station fire victim feeling burned [LAT] (Thanks to Angela!)

RELATED:
AT&T Asks CA Wildfire Victims If They Remembered To Pick Up Satellite Receiver As They Fled Their Burning House
Comcast: Fire Destroyed Your Cable Box? Pay Up.

(Photo: mbtrama)

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Consumerist-5384912 Mon, 19 Oct 2009 11:32:53 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5384912&view=rss&microfeed=true
<![CDATA[ PG&E Charges $1000/Month For Electricity Used In The 70's ]]> PG&E has decided to start billing Josh's parents for electricity from the 1970's, to the tune of nearly $1000 per month.

Seems that some faulty meters were installed back then and now PG&E has figured out they underbilled the house. Problem is, Josh's parents didn't buy the house until 1986.

Josh writes:

My mother lives in a house in California that was built in the 40's. PG&E installed a meter sometime in the early 70's. As far back as I can remember we had to use the little meter cards, or a tech would come and read the meter personally. Now with the advent of the "smart meter" they dont have to read cards or check the meter. They can just check it remotely.

Here's where PG&E gets dicey. They have decided to start charging my parents an extra $800-$1000 dollars per month because they say that the meters that were installed in the 70's were faulty. When we bring up the fact that tech would read the cards or the meters themselves, they shrug it off and say that they were improperly trained. So now we are stuck paying the difference for power that was used in the 70's (before we even moved in in 1986 might I add!). So now what do my parents do? They are content letting PG&E charge them outrageous prices for power that we didnt use, but I am a bit more up to date on consumer rights and whatnot, so I need your help on the best course of action.

Thanks a bunch,

-Josh (an aggravated PG&E customer)

Whodjawhutzit? How can that be right? What the heck is going on?

Sounds like a case for the California Public Utilities Commission, 1-800-649-7570 or file a complaint here.

(Photo: oskay)

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Consumerist-5377227 Fri, 09 Oct 2009 12:13:49 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5377227&view=rss&microfeed=true
<![CDATA[ Crepe Place Will Give You Any Crepe And A Spanking For $25.00 ]]> We really have no idea if this is a deal or not, but Metro Crepes in Oakland, CA will give you any crepe on the menu and a spanking for $25. According to the menu, we estimate the value of the spanking at around $20 — if you get either the Brussels or the Madrid crepe.

EaterSF says that when their tipster asked about the logistics of the "Las Vegas," the cashier said, "We do it right here!"

Well, there ya go.

Special Oakland Creperie Will Spank You For A Mere $25 [Eater SF] (Thanks, DK!)
(Photo:Eater SF)

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Consumerist-5376440 Wed, 07 Oct 2009 14:27:31 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5376440&view=rss&microfeed=true
<![CDATA[ CA Residents: Watch Out For Fake LLC Registration Scams ]]> California requires limited liability companies to register with the state every two years. You could do this yourself by filling out a form and paying $20, or you could pay this shady company $239 to do the same thing.

Bob writes:

The state of California requires all LLC companies to file a Statement of Information with them every 2 years and pay a $20.00 filing fee. When I opened my mail yesterday to find the attached solicitation. Normally, I disregard all of them, as I can usually tell just by looking at the unopened envelope. I knew this was a solicitation, but opened it out of curiosity. I found form inside that VERY closely resembles an authentic Secretary of State form that must be filed by every LLC in the state of California. They are trying to scare people into sending them $200+ to file a form that really only costs $20 and that is only IF it must be filed. Even though the form explicitly states that this is not a government agency, I found this very interesting and immediately thought to bring it to the attention of the Consumerist. I am an avid reader of the sites and realize that the average Consumerist will disregard these immediately if they receive one, but I thought it would be nice to mention.

The actual form is viewable here (PDF). Both are posted below. Although they're not identical, they're pretty similar (and would have to be, considering the fake form will be used to complete and file a real statement). The seal in the upper left is an especially sneaky touch.
Real:





Fake:







We're glad Bob read this carefully and wasn't duped into paying way more than he needed to. Have you ever received a faux-official notice or warning like this?

(Photo: ToastyKen)
Thanks, Bob!

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Consumerist-5374639 Mon, 05 Oct 2009 15:00:00 EDT Alex Chasick http://consumerist.com/index.php?op=postcommentfeed&postId=5374639&view=rss&microfeed=true
<![CDATA[ Schwarzenegger Asked To Close Prostitution Ratings Website ]]> British prostitutes enjoy a stroll outside the Queen's palace.At Punternet.com you can rate UK prostitutes, find out about British massage parlors, and participate in a bulletin board about all things prostitutey. ("Punter" = "john" in British slang.) Yesterday a British government minister asked Arnold Schwarzenegger to shut it down, because although it concerns the British sex industry—where prostitution isn't illegal—it's based in California.

[Harriet Harman] said the website was a "very sinister development" in the trade and exploitation of women and allows guests to compare and rate services in the same way as they would a restaurant, a hotel or a holiday.

Pimps put women on sale for sex on the site then clients offered their comments on line, she said.

"Punternet has pages and pages of women for sale in London," said Harman, who is deputy leader of Prime Minister Gordon Brown's Labor Party.

What do you think? If prostitution is legal, should ratings websites exist for it?

"Britain asks Schwarzenegger to close prostitute website" [Reuters]
(Photo: JeffChristiansen)

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Consumerist-5372342 Thu, 01 Oct 2009 19:28:42 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5372342&view=rss&microfeed=true
<![CDATA[ Does Living In California Make You A Higher Credit Risk? ]]> Paul Smith, who lives in San Diego and has a credit score of 751, had his HSBC credit card limit lowered from $7,000 to $1,400 recently for mysterious reasons. He called HSBC to find out why.

[Paul] spoke with a customer service representative who identified herself as Lisa, who "told me that the reason [his credit limit] was cut back was due in part to the financial situation in California. Also in Nevada, Florida and Arizona."

MSNBC contacted HSBC for confirmation, but the bank only provided an intentionally vague response that neither confirmed nor denied whether the state you live in might impact your ability to get credit.

"Living in California Bad for Your Credit?" [MSNBC] (Thanks to Alicia!)
(Photo: paalia)

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Consumerist-5364106 Mon, 21 Sep 2009 10:10:11 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5364106&view=rss&microfeed=true
<![CDATA[ You Can't Even Afford To Pay For Porn ]]> You cheapskates are really ruining this economy. First, you decided you couldn't afford to gamble. And now you're giving up on another industry that could be crucial to pumping up our flaccid economy: porn. According to The Economist, revenues in the $6 billion a year adult entertainment industry have dropped by 30%-50%, with some producers claiming that they're down by as much as 80%. Film production has dropped from 5,000 to 6,000 a year to about 3,000 to 4,000.

The real pain is being felt by the actors, and not just by those who specialize in scenes involving leather, latex or gardening tools:

For the 1,200 active performers in the Valley this means less action and more hardship. A young woman without [Nina] Hartley's name-recognition might have charged $1,000 for a straight scene before the crisis, but gets $800 or less now. Men are worse hit. If they averaged $500 for a straight scene in 2007, they are now lucky to get $300.

In addition to the recession, the industry is fighting an even greater evil: free and cheap porn on the internet. Porn, says actress Nina Hartley, is now "like potato chips, everywhere and cheap, to be consumed and tossed." Um, ah, oh, never mind.

Hard times [The Economist]

(Photo: Great Beyond)

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Consumerist-5357498 Fri, 11 Sep 2009 14:21:49 EDT Marc Perton http://consumerist.com/index.php?op=postcommentfeed&postId=5357498&view=rss&microfeed=true
<![CDATA[ This California K.F.C. Sells Marijuana Instead Of Chicken ]]> We just love obvious conversions of former fast food restaurants, but this has to be the best one we've ever seen. A former Kentucky Fried Chicken has been replaced with "Kind For Cures," a marijuana dispensary, says LA Weekly.

It turns out that the KFC has been replaced by... a KFC. In this instance, though, the KFC stands for "Kind For Cures", and while they do sell things that are edible, you can't buy them, or even ask about them, without a prescription.

I bet Yum Brands is just thrilled.

New KFC Opens In Palms? Sort of...(Instead of Fried Chicken, They Sell Marijuana) [LA Weekly]
(Photo: Noah Galuten)

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Consumerist-5347816 Fri, 28 Aug 2009 11:49:21 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5347816&view=rss&microfeed=true
<![CDATA[ California Is Having A Garage Sale! ]]> This Friday and Saturday, the state of California is going to hold a massive garage sale (they're actually calling it that) to try to get rid of surplus state property while also raising enough money to pay the bills for another month. If you're in Sacramento you can attend the event in person. If not, you can still take a look at the things they've posted on eBay. Who knows, maybe you'll find a cool car!

"California state garage sale: Many things must go" [Los Angeles Times]
(Photo: m.gifford)

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Consumerist-5346076 Wed, 26 Aug 2009 13:04:11 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5346076&view=rss&microfeed=true
<![CDATA[ Southwest Customer Exposes Self, Punches Another Passenger, Then Strips Naked ]]> Here's an issue you probably didn't expect to run into on your flight from Oakland to Las Vegas. According to the SF Chronicle, a man exposed himself, then punched a passenger who screamed. After that, he decided to strip naked and resist while flight attendants and other passengers subdued him. The flight was turned around and both the man and the woman he punched were taken to the hospital. They apparently don't know each other, and the man is wanted on drug charges.

A passenger gave the paper a picture she took on her cellphone camera as the man was being arrested by quite a few uniformed individuals. We counted 6, but that might be another one behind him. We're not sure.

The paper says 10 sheriff's deputies boarded the plane.

Passenger takes it all off, plane turns around [SF Chronicle]
(Photo:Danielle Lichliter / Special to The Chronicle)

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Consumerist-5342958 Fri, 21 Aug 2009 17:44:56 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5342958&view=rss&microfeed=true
<![CDATA[ Free Health Care Receives Rock Star Reception In Los Angeles ]]> The past few nights, thousands of people have lined up outside of the Forum in Los Angeles. a venue that usually hosts basketball games or big arena concerts. Who's in town to attract such a crowd? Metallica? Green Day? No, even better—doctors and dentists providing free care on a first-come, first-served basis.

What's that, you say? People lining up for rationed health care voluntarily? That can't be right.

The Forum, located in Inglewood, Calif., is hosting a visit from Remote Area Medical (RAM), a volunteer group that usually provides free medical, dental, and veterinary care to people living in poverty in remote areas. Recent cuts to Medicaid and health care programs for California's working poor have left many people without care quite suddenly. RAM has found a grateful population in Los Angeles—some of whom drove hours to wait in line for care.

Ana Maria Garcia, who works for Orange County, has health insurance that covers her husband and 3 ½-year-old daughter, but her dental deductibles are too high for them all to get care, she said.

Ms. Garcia's husband, Jorge, who was laid off from his custodial job last October, arrived from their home - a 90-minute drive away - at 4 p.m. on Tuesday to get the family's spot in line.

But the Garcias' number never came up, so they slept in their car for a few hours and lined up again early Wednesday morning, awaiting a chance to get root canals and cleanings that Ms. Garcia figured were worth thousands of dollars. They made a friend in the bleachers outside, who gave the family some coffee and hot biscuits for breakfast.

"Regardless if you are employed or not," Ms. Garcia said, "everything in California is expensive, and so I can empathize with everyone here. Looking at this crowd, I think this is what people fear health care is going to be with reform. But to me it also shows the need."

Interestingly, more people would be able to receive care, but there was a shortage of medical professionals in the area willing to volunteer their time.

Thousands Line Up for Promise of Free Health Care [NY Times] (Thanks, Kelly!)

(Photo: meta viendo)

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Consumerist-5336870 Thu, 13 Aug 2009 15:38:14 EDT Laura Northrup http://consumerist.com/index.php?op=postcommentfeed&postId=5336870&view=rss&microfeed=true
<![CDATA[ GM Cleans Out Closet, Will Sell New Cars On eBay ]]> GM just realized that the downstairs hall closet is a freakin' mess. Mom went down there and saw all these, like, Pontiacs and stuff in there and now everyone is in trouble for letting it get this bad. The solution? An eBay store!

Starting tomorrow, GM will list up to 20,000 vehicles on the on-line auction house for your bidding pleasure. Initially, the test will only include dealerships in California, but if the program gets a A+++++++++++++++!!!!! you can expect a nationwide roll-out.

"Together with eBay Motors, GM and our dealers are reinventing the car-buying experience for our California customers," Mark LaNeve, G.M.'s vice president for U.S. sales, said in a statement. "As the dealer showroom expands from the parking lot to the laptop, this makes it easier for a customer to browse available new-car inventory, make an offer, buy it now, or send a message asking for more information from a dealer - all at the customer's convenience."

G.M. Sees eBay as a Way to Reach New Buyers [NYT]
GM Finalizes Pilot Plan To Sell New Vehicles On EBay [WSJ]

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Consumerist-5333957 Mon, 10 Aug 2009 11:25:16 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5333957&view=rss&microfeed=true
<![CDATA[ Chicago "In-N-Out" Settles Trademark Infringement Lawsuit ]]> Don't think you can call your place "Nicky's In-N-Out" and include a certain familiar-looking big yellow arrow in your logo and get away with it. In-N-Out — the beloved California burger chain — has settled a trademark lawsuit against a Chicagoland copycat gyro joint.

From the OC Register:

"The agreement in place requires confidentiality. We can't discuss it other than to say (that) the matter has been resolved amicably," said Van Fleet, the chain's vice president of planning and development."

We're sure the gyros are good and everything, but c'mon, that's pretty blatant. Be your own restaurant, Nicky! You're your own special, unique person.

In-N-Out settles suit against Chicago area copycat [OC Register]
(Nicky's photo obtained from court records submitted by In-N-Out)

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Consumerist-5330994 Wed, 05 Aug 2009 22:23:52 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5330994&view=rss&microfeed=true
<![CDATA[ Genius Baggage Handlers Steal Retired Police Sergent's Handgun ]]> The San Francisco Chronicle is reporting that several baggage handlers working for a company contracted by Delta Airlines were busted in a sting operation that was launched following the theft of a handgun from a retired police sergeant's luggage.

The brilliant individuals who masterminded this theft were caught when three bags loaded with goodies were checked on two different flights and items stolen from the bags were found in an employee's work locker. The decoy items included a game system, an Apple laptop, a gold watch and foreign currency.

The custom-made handgun was later recovered from one of the workers' home.

Remember not to check your valuables, folks.

Three baggage handlers convicted in thefts [SFGate] (Thanks, Laurel!)
(Photo:Christopher Vigliotti)

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Consumerist-5327558 Fri, 31 Jul 2009 17:37:21 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5327558&view=rss&microfeed=true
<![CDATA[ $300,000 Credit Card Skim Was "Model Employee" Scam ]]> His name was "Erick," and after earning respect and responsibilities at the Arco gas station he'd been working at for 8 months, he dissapeared, leaving behind only a hidden credit card skimmer that stole $300,000 worth of debit card info from reams of customers. Police believe that "Erick," pictured, was a low-rank solider in an organized crime ring who had been given the assignment of working his way up the ladder at the gas station until he was in a position to place the credit card skimmer, a type of con known as the "model employee" scam. As a shopper, protect yourself from skimmers by only using cash, credit cards, or swiping your debit card as credit.

Russian or Armenian Mob Used "Model Employee" Con at PCH Arco [LA WEEKLY] (Thanks to Angela!)
PREVIOUSLY: Credit Card Skimmers Attack Arco Gas Stations In California

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Consumerist-5316168 Thu, 16 Jul 2009 12:29:11 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5316168&view=rss&microfeed=true
<![CDATA[ CA's Menu-Labeling Law Inspires Restaurants To Cut Calories ]]> California's law requiring that chain restaurants post calorie counts for their foods took effect earlier this month. It's already producing results, as two chains, Macaroni Grill and Denny's, are reexamining and revising their offerings.

According to the Sacramento Bee:

Romano's Macaroni Grill, with four locations in the [Sacramento] region, has managed to squeeze a whopping 880 calories out of just one salad, as the chain's menu undergoes a massive revamp under new ownership.
...
The new [Denny's] Grand Slam – two eggs, two sausages, two bacon slices and pancakes – is a build-your-own option with substitutions such as chicken instead of pork, egg whites, turkey bacon and whole wheat pancakes. For another 49 cents, add-ons such as yogurt are available.

With the healthier options, the Grand Slam drops from 882 calories to 546, not to mention a 70 percent drop in fat grams.

This is a nice bonus of menu-labeling: some restaurants will be too ashamed to continue offering items like 1,200 calorie salads and will look for ways to make their foods more healthful. Although we're sure there will be complaints about a person's individual freedom to eat as much crap and be as fat as he wants, we think the public health benefits outweigh such concerns (especially considering that in the instances here, Denny's is keeping things like Moon Over My Hammy intact, and the type of person we just described probably wasn't celebrating his gluttony with a 1,200-calorie scallop and spinach salad at Macaroni Grill).

Although it's good to see restaurants retooling their menus, the main purpose of menu-labeling laws is to allow consumers to make informed decisions about the foods they eat. It's up to you, not the restaurant, to ensure you eat reasonably.

California Calorie Law Alters Chains' Fare [SacBee]
(Photo: satosphere)

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Consumerist-5315511 Wed, 15 Jul 2009 17:02:18 EDT Alex Chasick http://consumerist.com/index.php?op=postcommentfeed&postId=5315511&view=rss&microfeed=true
<![CDATA[ Consumer Advocate/Plastics Industry Showdown In California ]]> Ten years ago, Consumers Union (publisher of Consumer Reports and owner of Consumerist) warned us all about the potential danger from bisphenol A (BPA) leeching from plastic containers into our food. It's only in recent years that municipalities got around to banning the chemical—at least in containers designed for use by infants and small children.

What's BPA? It's in plastic, and it's not very good for humans.

Never meant to be ingested, BPA has potential links to an array of human health problems, including diabetes, heart disease, cancers, infertility, obesity, and neurological disorders. A 2007 Centers for Disease Control study showed that 93 percent of Americans have BPA in their urine. And a recent study suggests that BPA stays in the body longer than previously believed. Babies and young children may be particularly vulnerable because they may metabolize BPA more slowly than adults.

Several government and non-governmental scientific bodies have assessed the safety of BPA, and indicated concerns, while the Food and Drug Administration (FDA) has not yet. Since 2007, Congress has questioned whether the BPA industry has been unduly influential in FDA's assessment of scientific studies of BPA. Congress recently introduced legislation to ban BPA in food contact substances and FDA has initiated yet another review of BPA safety-and the hope is that this time, more than a handful of selected studies will be considered.

Legislation has passed the California state Senate that would ban BPA use in items intended for use by children under three, but is unlikely to pass the Assembly, which is quite unfortunate.

California is new front line of BPA fight [Grist]

(Photo: fallenposters)

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Consumerist-5304817 Tue, 30 Jun 2009 17:26:58 EDT Laura Northrup http://consumerist.com/index.php?op=postcommentfeed&postId=5304817&view=rss&microfeed=true
<![CDATA[ Lawsuit Calls Infamous KFC Chicken Giveaway A "Bait And Switch" ]]> TMZ.com is reporting that chicken lovers have become disillusioned with KFC and are suing over the Oprah-endorsed Kentucky Grilled Chicken giveaway that went so horribly wrong last month.

According to TMZ, the lawsuit alleges that the giveaway was a "scam to deceive its customers into spending more dough."

From TMZ:

The suit says this "bait and switch" caused customers to incur "travel costs, paper and printing costs, postage, the money they spent on other food items at KFC on visits when they had intended to redeem the Coupon ... and the loss of the value of the promised Meal."

What do you think? Are you angry enough at KFC's lack of planning to sue them?

Customers: KFC Giveaway Clucked Up Our Lives [TMZ] (Thanks, J!)

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Consumerist-5295494 Thu, 18 Jun 2009 12:44:03 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5295494&view=rss&microfeed=true
<![CDATA[ Gold's Gym "Misplaces" Serviceman's Deployment Letter, Keeps Billing For Membership ]]> Gold's Gym in Oxnard, California won't stop billing Molly's brother for membership, even though both he and his mother have repeatedly sent the gym copies of his deployment orders to Afghanistan. Two months later, the gym claims that it has "misplaced" the deployment orders, and is still billing for services Molly's brother can't use.

Molly writes:

My brother signed up for a monthly membership to Gold's Gym a few months before he deployed to Afghanistan. At the time he was told that he would not have a problem terminating his membership when he deployed. Before he left for Afghanistan he brought in a copy of his deployment letter to Gold's Gym and was assured that his membership would be terminated while he was abroad. After his first month in Afghanistan, my brother realized that he was still being charged for his gym membership. He asked my mom to assist him with the matter so she faxed and mailed additional copies of his deployment letter to both the Gold's Gym in Oxnard and to Gold's Gym's financial office. These additional copies of his deployment letter were "misplaced" and 2 months later he is still being charged for a gym membership that he cannot use! What a pitiful way to treat our servicemen and women.

The gym appears to be violating California Civil Code §1812.89(b), which gives anyone the right to cancel if they move more than 25 miles from the gym.

(b) (1) Except as provided in paragraph (2), every contract for health studio (Ed. Gyms count as "health studios," along with any place that provides "instruction, training or assistance in physical culture, body building, exercising, reducing, figure development and other similar skills.") services shall contain a clause providing that if the person agreeing to receive health studio services moves further than 25 miles from the health studio and is unable to transfer the contract to a comparable facility, such person shall be relieved from the obligation of making payment for services other than those received prior to the move, and if such person has prepaid any sum for health studio services, so much of such sum as is allocable to services he or she has not taken shall be promptly refunded.

If the gym is billing a credit card, Molly's brother can also file a chargeback and ask the bank to refuse all future charges.

Overview of California's Health Studio Services Contract Law: Legal Guide W-10 [California Department of Consumer Affairs]
(Photo: Arturo de Albornoz)

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Consumerist-5288108 Sat, 13 Jun 2009 14:00:31 EDT Carey Alexander http://consumerist.com/index.php?op=postcommentfeed&postId=5288108&view=rss&microfeed=true
<![CDATA[ Bank of America Wins Right To Seize Social Security Benefits To Pay Overdraft Fees ]]> The California Supreme Court has effectively reversed a 2004 San Francisco trial court decision that ordered BofA to pay $284.4 million in damages to more than 1.1 million customers. The California Supreme Court ruled that banks can tap Social Security benefits in bank accounts to cover bounced-check fees, a practice consumer advocates say is abusive because Federal law prohibits Social Security benefits from being seized to pay a debt. California law apparently doesn't consider overdraft fees to be debt, so the fee party will be allowed to rock on indefinitely.

[USAToday]
(Photo:The Cornballer)

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Consumerist-5280567 Fri, 05 Jun 2009 15:59:29 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5280567&view=rss&microfeed=true
<![CDATA[ Did you use a credit card at a Sports Authority ... ]]> Did you use a credit card at a Sports Authority store in California between April 30, 2007 and April 30, 2008? If so, you're eligible for a class-action settlement. At that time, the store required customers to give their zip codes during all credit card transactions. A customer filed suit because he believed this was an invasion of his privacy. Class members receive a $20 voucher to The Sports Authority. (via Slickdeals - Thanks, Toland!)

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Consumerist-5279513 Thu, 04 Jun 2009 22:02:36 EDT Laura Northrup http://consumerist.com/index.php?op=postcommentfeed&postId=5279513&view=rss&microfeed=true
<![CDATA[ California To Fight Health Insurance Rescissions? ]]> The LA Times is reporting that California Insurance Commissioner Steve Poizner will reveal new regulations aimed at stopping a controversial health insurance practice in which customers with costly illnesses are retroactively dropped.

The practice, known as "rescission," is explained in this Q&A from Frontline with Karen Pollitz, a research professor at Georgetown University who studies health care finance:

How does this work?

[It works] particularly in underwritten policies, particularly where you had to show eligibility to get into a policy. It happens most in the individual insurance market, but it can happen in group policies as well.

Once you make a big claim, particularly in the first year or two of coverage, there's an incentive for the insurer to go back and investigate and see, is there any reason why you shouldn't have been in this policy in the first place? Maybe the claim is for a brain tumor, and the insurer can go back and comb through your records and realize: "Oh! Six months before you bought this policy, you complained to the doctor that you were having headaches. That's a symptom. This was pre-existing. Had I known you had a brain tumor when I sold you the policy, I wouldn't have sold you the policy, and so I'm taking it back, and I won't be paying the claim"; or, "I'll declare that this tumor was pre-existing. You can keep the policy, but I won't pay the claims related to your pre-existing condition."

Or they may find out you weren't eligible. I heard a story once about somebody who made a claim for their child, and she was remarried. Her husband was not the child's father, and the policy that he had through work didn't cover stepchildren. And no one had really asked about child/stepchild when they applied, and they were perfectly happy to get the premiums while nobody was making claims, but once the kid got sick, this got investigated, and retroactively he was taken off the policy.

According to the LA Times the new regulations would :

  • Require insurers to write applications for coverage in plain English
  • Allow applicants a "not sure" answer to questions about their preexisting medical conditions
  • Bar insurers from dropping someone if the companies failed to thoroughly investigate an applicant's medical history before issuing a policy.
  • Bar a cancellation if the patient was unaware of the medical information being sought on the application or failed to appreciate its significance.

For more info about rescission check out this episode of Frontline.

Proposal would combat rescissions of health insurance policies in California [LA Times]
(Photo:kath-leen)

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Consumerist-5277455 Wed, 03 Jun 2009 13:45:05 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5277455&view=rss&microfeed=true
<![CDATA[ Blockbuster Busted For Overcharging Customers, Must Pay $300k ]]> Blockbuster busted for overcharging customersWhat do you do when the foundation to your business is crumbling and bankrupcty lurks like the Grim Reaper just outside your drop box? If you're Blockbuster, apparently you charge customers more at the register than what's displayed on the product, at least in California.

MSNBC reports,

The video rental giant agreed Monday to pay $300,000 in "civil fines and costs" as part of a ruling against them for unfair business practices, officials announced yesterday.

[...]

The civil complaint alleged Blockbuster stores in California charged customers more than the currently advertised or posted price on scanned items in violation of unfair competition and false advertising statutes.

Blockbuster was also "prohibited" from overcharging customers in the future, which we think would make a swell new advertising campaign for them: "Now with no sneaky markups at the register!"

"Blockbuster Fined for Defrauding Customers" [MSNBC] (Thanks to Anthony!)
(Photo: Felixe)

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Consumerist-5260261 Mon, 18 May 2009 21:54:17 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5260261&view=rss&microfeed=true
<![CDATA[ Did you know that in California, if you ask ... ]]> California's toasting taxDid you know that in California, if you ask the Subway sandwich mechanic (or whatever they're called) to toast your sandwich, you'll be charged a sales tax, whereas if you go untoasted you won't? Crazy! Thomas Hawk says you should always order your coffee to go at California restaurants, even if you plan on drinking it there, to avoid a similar crazy tax. [Thomas Hawk] (Thanks to Glenn!)

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Consumerist-5249556 Mon, 11 May 2009 15:43:49 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5249556&view=rss&microfeed=true
<![CDATA[ The Onion Is Killing Their West Coast Print ... ]]> The Onion Is Killing Their West Coast Print Editions "Unfortunately, despite healthy readership in both Los Angeles and San Francisco (readership has actually risen despite our reduction in copies in recent months) the advertising in both cities has been abysmal," CEO Steve Hannah said in a memo. [Gothamist]

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Consumerist-5242742 Wed, 06 May 2009 13:48:02 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5242742&view=rss&microfeed=true
<![CDATA[ Is Kohl's Systemically Overcharging Customers? ]]> Don't walk out of Kohl's without first double-checking your receipt. The store apparently has a penchant for overcharging customers, according to the Sacramento County Department of Weights and Measures, which fined the chain $2,000 for repeatedly failing surprise inspections. CBS sent an enterprising reporter to see how long it would take for them to uncover a pricing discrepancy of their own. Almost immediately, they found a woman who was charged $64.99 for a pair of shoes marked $59.99.

"It tells me, they don't care," David Lazier of Sacramento County Weights and Measures told Kurtis. He says it shows, "their business model, their business practice (that) sloppiness is okay".

The Kohl's store in Elk Grove failed it's September inspection. The report shows inspectors were charged $44.99 for a set of sheets supposed to be $22.49. It also shows a jacket on sale for $50, rung up $69.99. Inspections reports reveal the Kohl's in Natomas has also overcharged customers, as did a location in Modesto. The store on Antelope Boulevard in Sacramento County failed two inspections in 2008.

The first person Kurtis could find outside the Kohl's Antelope store said she's been overcharged. "It's happened a lot, at least five or six times".

Sacramento County fined Kohl's stores more than $2000 last year, but Lazier says the department store hasn't fixed the problem.

"The information they gave us is we were too busy to get around to get that taken care of, well that's not the consumers problem, that's store management problem," Lazier told Kurtis.

The Sacramento District Attorney is investigating the pricing discrepancies and could haul Kohl's into court, where the fines reach far higher than $2,000.

Call Kurtis Investigates: Kohl's Overcharges [CBS13]
(Photo: dno1967)

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Consumerist-5233976 Sun, 03 May 2009 14:00:36 EDT Carey Alexander http://consumerist.com/index.php?op=postcommentfeed&postId=5233976&view=rss&microfeed=true
<![CDATA[ Abercrombie & Fitch Threatens To Sue Merchants In Hollister, California For Trademark Infringement ]]> Taking a page out of Monster Cable's playbook, Abercrombie & Fitch has threatened to sue merchants in Hollister, California who sell clothes bearing their town's name. A&F claims that local merchants putting "Hollister" on their clothes will confuse notoriously inept surfers who can't distinguish between a town and A&F's Hollister Co. line. So what happens if the locals defy the upscale bully? According to David Cupps, Abercrombie's general counsel and harasser-in-chief, "If they try, they would get a call and much more."

The controversy over the name heated up in 2006 when Stacey Crummett, chief executive of Hollister-based Rag City Blues, added the word "Hollister" to the label of her vintage bluejeans. In response to her trademark application, Abercrombie & Fitch attorneys sent her a letter alleging she was violating the company's trademark and threatening to sue.

Crummett, who runs the business with her husband, said she added the name simply to identify the location of her headquarters. But she backed down and removed the name from the labels.

"They are a lot bigger than us," she said. "I said, 'Let's just not argue.' "

Once word spread about Crummett's run-in with Abercrombie & Fitch, locals and city officials began to fume, saying that the clothing firm was preventing them from showing their hometown pride on T-shirts and jackets.

"To me, it's a bunch of baloney," said Raul Gonzalez, 70, working at his one-room barbershop on 6th Street. "We were here long before they thought of [the apparel line]."

Even students at Hollister's San Benito High School wonder if they are violating Abercrombie & Fitch's trademark by wearing shirts emblazed with the school nickname, the Hollister Haybalers.

Hollister City Attorney Stephanie Atigh insists that A&F's lawyers are wearing their turtlenecks a little too tight. "There is no way you can trademark Hollister, Calif.," she said. "It's a geographical place."

Hollister, Calif., is at odds with Abercrombie over name [The Los Angeles Times] (Thanks to Melisa!)

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Consumerist-5236880 Sat, 02 May 2009 16:00:00 EDT Carey Alexander http://consumerist.com/index.php?op=postcommentfeed&postId=5236880&view=rss&microfeed=true
<![CDATA[ If you recently bought organic brown eggs ... ]]> If you recently bought organic brown eggs from a Costco, Safeway, or Pack 'n' Save in California or Nevada, you should check to make sure they're not part of yet another salmonella recall. [MSNBC] (Photo: Bonzo McGrue)

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Consumerist-5182486 Tue, 24 Mar 2009 15:13:00 EDT Alex Chasick http://consumerist.com/index.php?op=postcommentfeed&postId=5182486&view=rss&microfeed=true
<![CDATA[ Judge To Growers: Pasteurize Your Almonds ]]> Finally, you can nosh on delicious almonds safe in the knowledge that they're pasteurized and salmonella free. A federal judge this week tossed out a lawsuit aimed at blocking new rules from the Department of Agriculture requiring growers to pasteurize their almonds. Growers are now whining that U.S. consumers area about to get hooked on raw yet dangerously delicious European almonds.

The plaintiffs had argued in their lawsuit that the Department of Agriculture had overstepped the scope of its regulatory authority when it implemented the sterilization rule. But a U.S. District Court judge in Washington, Ellen Segal Huvelle, dismissed the case on Monday on technical grounds - finding that the almond growers among the plaintiffs have no right to judicial review and that the handlers must seek an administrative remedy before coming to court.

[...]

Bill Marler, a Seattle lawyer who for 15 years has represented plaintiffs in major food safety cases, including the 2004 salmonella cases that were traced to almonds, said Thursday that pasteurization is necessary.

"I can understand from dealing with the raw juice and raw milk and raw food people that they are very adamant that their products are better than pasteurized products. But in this instance, the evidence is very clear that this is the type of product that needs to be pasteurized," he said.

Do you care whether your almonds are pasteurized or not? Did you even know almonds could be pasteurized?

Judge rules U.S. almonds must be pasteurized [San Francisco Chronicle]

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Consumerist-5169273 Sat, 14 Mar 2009 15:10:16 EDT Carey Alexander http://consumerist.com/index.php?op=postcommentfeed&postId=5169273&view=rss&microfeed=true
<![CDATA[ Fox News reports that there are now bread ... ]]> Fox News reports that there are now bread lines in Southern California. Still no word yet on the reappearance of tin can fires. [Fox News]

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Consumerist-5166229 Sun, 08 Mar 2009 03:05:34 EDT Carey Alexander http://consumerist.com/index.php?op=postcommentfeed&postId=5166229&view=rss&microfeed=true
<![CDATA[ Pizzeria Employees Wear T-Shirts With Quotes From Nasty Yelp Reviews ]]> Here's a little bit of brilliance — a pizzeria in San Francisco has taken quotes from nasty 1 star reviews on Yelp! and make them into t-shirts for their employees to wear. We love this.

The quotes are many and varied, but apparently one of them simply says "this place sucks." Hey, its like the old saying, "When life gives you lemons, make funny t-shirts to hide the pain." Wait.

Anyway, we should probably do this with our comments. Anyone want to buy a "Why is this on Consumerist?" t-shirt?

The Yelp Tee: Almost More Brilliant Than Pizzeria Delfina's Pizza [7x7 via BuzzFeed]

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Consumerist-5164533 Wed, 04 Mar 2009 18:06:10 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5164533&view=rss&microfeed=true
<![CDATA[ Korbel Sues To Force Comcast To Reveal Identities Of Anonymous Critics ]]> The Santa Rosa, California Press Democrat says that Korbel Champagne Cellars will ask a Sonoma County judge to force Comcast to reveal the names of anonymous Craigslist posters who criticized the company.

The anonymous posts alleged that Korbel retaliated against employees who reported sexual harassment, bribed law enforcement and was planning on cutting down redwood trees on its property. Korbel says the allegations damaged the company and is trying to force Comcast into revealing the identities of the posters.

Comcast says it will comply with a court order if one is given — but only after informing its customers that their identities are being sought.

"Our policy is to give our customer notice and sufficient time to decide whether to contest the disclosure," [a Comcast spokesperson] said.

If they do not choose to fight, their identities would be revealed.

Korbel wants Comcast to ID anonymous critics [Press Democrat]

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Consumerist-5159677 Tue, 24 Feb 2009 15:32:25 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5159677&view=rss&microfeed=true
<![CDATA[ California's Anti-Violence Video Game Law Thrown Out ]]> The Ninth U.S. Circuit Court of Appeals ruled that a 2005 California law that prohibited the sale or rental of violent video games to minors is unconstitutional, saying that the "lawmakers failed to produce evidence that violent video games cause psychological or neurological harm to children," and that there were other ways to deal with access to violent games, including the current voluntary rating system, public campaigns to educate parents, and parental controls.

The law was never enforced because a lower court barred it from taking effect back in 2006.

Jack Thompson is going to be pissed.

"California's video game law ruled unconstitutional" [Reuters]
(Photo: No More Heroes, Ubisoft)

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Consumerist-5156942 Fri, 20 Feb 2009 19:30:14 EST Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5156942&view=rss&microfeed=true
<![CDATA[ Here's a tip: The guy who works at Home Depot ... ]]> Here's a tip: The guy who works at Home Depot but can "get you everything for a discount" is probably not doing something legal. [Bakersfield Now]

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Consumerist-5157510 Fri, 20 Feb 2009 15:43:21 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5157510&view=rss&microfeed=true
<![CDATA[ Top 10 Most And Least Affordable Cities ]]> The National Association of Home Builders and Wells Fargo have put together an index of the most and least affordable metro areas. The index was created by calculating what percentage of a city's residents making the median income can afford a house in that city.

Not too surprising — the Midwest offers a good value with Indianapolis topping the charts as the most affordable city in the US. New York, of course, is the least affordable, followed by San Francisco, which is no shock to anyone who has lived in, or even visited those two cities.

In order to qualify, each metro area had to have over 500,000 people.

Top 10 Least Affordable Cities

  1. New York City, NY
  2. San Francisco, CA
  3. Nassau/Suffolk Counties, NY
  4. Los Angeles, CA
  5. Miami, FL
  6. Santa Ana, Anaheim, Irvine, CA
  7. El Paso, TX
  8. Newark, NJ
  9. Honolulu, HI
  10. Seattle, WA

Top 10 Most Affordable Cities

  1. Indianapolis, IN
  2. Warren, Troy, Farmington Hills, MI
  3. Youngstown, Warren, Boardman, OH-PA
  4. Detroit, MI
  5. Grand Rapids, MI
  6. Syracuse, NY
  7. Dayton, OH
  8. Akron, OH
  9. Cleveland, OH
  10. Scranton, PA

For more data to play with, visit the NAHB.

(Photo:Donna Cazadd)

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Consumerist-5156881 Fri, 20 Feb 2009 10:26:49 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5156881&view=rss&microfeed=true
<![CDATA[ California Man Barricades Himself Inside Foreclosed Home ]]> Carson, California has over 1,100 homes in foreclosure according to its mayor, and barricaded inside one of them was Frank Torres, an oil-refinery worker who lost his home to foreclosure after work was scarce last year. Now he's working full-time and he wants to buy his house back — but he says the bank won't listen. That's why he painted a message on the roof of his former home and held the building hostage for 5 hours.

From KABC:

"That's all I want is for someone to hear me out," said Torres. "For someone to help us out, work with us, work on a loan, because if not, they're just going to sell the house under the home price, way under the price, and that's not going to help the economy out, that's not going to help us out, that not going to help the banks out. And I just don't see — that's a three-way loss."

They mayor of the town is supportive of Mr. Torres, who is apparently a normal, hardworking guy.

"This is a prime example of what cities have to do all over California, all over the nation," said Carson Mayor Jim Dear. "They need to reach out to their population, to the constituencies, and look at creative solutions, because this gentlemen, he works, his wife works. They're bringing in a decent income but yet, this adjustable mortgage that he was stuck with, still couldn't make the payments."

Meanwhile, President Obama is expected to announce a new $50 -$100 billion foreclosure program which would include subsidies to lower borrower's interest rates (the government funds would have to be matched by the lender's own money), says the New York Times. The subsidies are intended to function as an incentive for lenders to refinance troubled loans, but its still unclear if the program will be more effective than the current voluntary programs. The Times says that 9% of all mortgages were either delinquent or in foreclosure at the end of 2008.

Man holds foreclosed Carson house hostage [KABC]

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Consumerist-5155025 Tue, 17 Feb 2009 11:05:23 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5155025&view=rss&microfeed=true
<![CDATA[ We suppose people in prison are consumers, ... ]]> We suppose people in prison are consumers, too. The state of California's prison system has just been declared unconstitutional due to severe overcrowding. CNN says "California must reduce the number of inmates in its overcrowded prison system by up to 40 percent to stop a constitutional violation of prisoners' rights." Raise your hand if you want to go home. [CNN]

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Consumerist-5150359 Tue, 10 Feb 2009 10:37:59 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5150359&view=rss&microfeed=true