<![CDATA[Consumerist: Illinois]]> http://cache.gawker.com/assets/base/img/thumbs140x140/consumerist.com.png <![CDATA[Consumerist: Illinois]]> http://consumerist.com/tag/illinois http://consumerist.com/tag/illinois <![CDATA[ Gas Station Owner Accidentally Sells Gas For $0.35, But Is Glad To Have Made People Happy ]]> Mimi Zidan owns the Lucky Mart in Pekin, IL, where a pricing mistake resulted in a mob of gas thirsty customers, rushing to take advantage of pumps that were dispensing gas for only $0.35 per gallon. You'd think she'd be upset about losing so much money, but she's not.

"We lost about 1,000 gallons of gas and about $3,500," Mimi Zidan, owner of the Lucky Mart on Derby Street, said Wednesday. "But I don't feel too bad because the people looked so happy when they were buying gas. If I can do this for them, that's all right."

The attendant on duty accidentally adjusted the pumps to sell gas for 35 cents instead of $3.50, and during the two hours before they were corrected people called their friends to tell them about the mistake.

The result was that the situation at Derby and South Fifth streets was totally chaotic, with traffic backed up in all directions when Zidan returned to the store.

"I thought it was an accident," Zidan said. "For the first 10 minutes I didn't know what to do. I didn't want to say you must stop, the price is wrong."

But once the police came in and restored some order, she felt better.

Her sister, Amy Habal, who helps run the store, said it would have been nice if someone had told them about the mistake instead of calling their friends.

"But my sister is very kind, she does not think bad about people," Habal said.


Lucky customers pump 35-cent gas
[Peoria J-S] (Thanks, Eyebrows McGee!)
(Photo: spinadelic )

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Consumerist-5058093 Thu, 02 Oct 2008 12:12:08 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5058093&view=rss&microfeed=true
<![CDATA[ There's a pretty nasty e. coli outbreak going ... ]]> There's a pretty nasty e. coli outbreak going on in Michigan and Illinois — apparently "industrial" sized bags of lettuce from a Michigan company called "Aunt Mids" have been contaminated. Among those affected were students at Michigan State and the University of Michigan and some inmates at Lenawee County Jail. [Michigan Department Of Community Health & Progressive Grocer] (Thanks, Alex!)

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Consumerist-5057058 Tue, 30 Sep 2008 16:04:37 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5057058&view=rss&microfeed=true
<![CDATA[ Reach 19 Blue Cross Blue Shield CEOs ]]> Here is the full contact information for 18 different Blue Cross Blue Shield CEOs. Name, address, phone number, and the contact info for their assistants. If you have an unresolved issue with one of these health insurance groups that regular customer service can't or won't solve, might want to give the appropriate honchos one the following list a holler.

Remember to be calm, polite, and concise. Be professional, they're looking for an excuse to write you off as a wingnut. Don't give them one. Follow our instructions for reaching executive customer service and/or how to write an effective complaint letter, and these secrets of a professional complaint letter writer, and you'll give yourself a much better chance of success.

Angela Braly
President and CEO Of WellPoint (oversees 13 BCBS plans)
Angela.Braly@Wellpoint.com
120 monument circle
Indianapolis, IN 46204
Mailpoint IN0104-a300
Phone: 317-488-6476
Fax: 317-488-6477
Assistants:
Lisa Moran
317-488-6480
lisa.moran@wellpoint.com
Linda McAdams
317-488-6489
linda.mcadams@wellpoint.com

G. N. (Arnie) Arnott
President and CEO
Saskatchewan Blue Cross
516 – 2nd Avenue North
Saskatoon, SK S7K 2C5 Canada
Phone: (306) 667-5271
Fax: (306) 664-1945
Email: aarnott@sk.bluecross.ca
Asst: Melanie Wilson
Phone: (306) 667-5270
Email: mwilson@sk.bluecross.ca

Tom Bowser
President and CEO
Blue Cross and Blue Shield of Kansas City
2301 Main Street
Kansas City, MO 64108
Phone: (816) 395-2001
Fax: (816) 395-2035
Email: tom.bowser@bcbskc.com
Asst: Marcia Zanko
Phone: (816) 395-2019
Email: marcia.zanko@bcbskc.com

Mark W. Banks, M.D.
CEO BlueCross and BlueShield of Minnesota
P.O. Box 64560
St. Paul, MN 55164-0560
3535 Blue Cross Road
St. Paul, MN 55122
Phone: (651) 662-8438
Fax: (651) 662-7767
Email: mark_w_banks@bluecrossmn.com
Asst: Mary Beth Olson
Phone: (651) 662-6679
Email: mary_b_olson@bluecrossmn.com

Sherry Cladouhos
President and CEO
BlueCross BlueShield of Montana
P.O. Box 4309
Helena, MT 59604-4309
560 North Park Avenue
Helena, MT 59601
Phone: (406) 444-8441
Fax: (406) 447-8607
Email: scladouhos@bcbsmt.com
Asst: Velma Dalton
Phone: (406) 444-8267
Email: vdalton@bcbsmt.com

Richard Boals
President and CEO
Blue Cross and Blue Shield of Arizona, Inc.
P.O. Box 13466
Phoenix, AZ 85002-3466
2444 West Las Palmaritas Drive
Phoenix, AZ 85021
Phone: (602) 864-4305
Fax: (602) 864-4200
Email: rboals@phx1.bcbsaz.com
Asst: Rebekah Mendez
Phone: (602) 864-4431
Email: rmendez@phx1.bcbsaz.com

Tim J. Crilly
President and CEO
Blue Cross and Blue Shield of Wyoming
P.O. Box 2266
Cheyenne, WY 82003-2266
4000 House Avenue
Cheyenne, WY 82001-2266
Phone: (307) 432-2701
Fax: (307) 432-2708
Email: tim.crilly@bcbswy.com
Asst: Carla Lofton
Phone: (307) 432-2706
Email: carla.lofton@bcbswy.com

Kenneth Martin
President and CEO
Pacific Blue Cross
P.O. Box 7000
Vancouver, BC V6B 4E1 Canada
4250 Canada Way
Burnaby, BC V5G 4W6 Canada
Phone: (604) 419-2021
Fax: (604) 419-2020
Email: kmartin@pac.bluecross.ca
Asst: Fran Darbyshire
Phone: (604) 419-2050
Email: fdarbyshire@pac.bluecross.ca

Steven S. Martin
President and CEO
BlueCross and BlueShield of Nebraska
P.O. Box 3248, Main P.O. Station
Omaha, NE 68180-0001
7261 Mercy Road
Omaha, NE 68180-0001
Phone: (402) 390-1810
Fax: (402) 398-3836
Email: steve.martin@bcbsne.com
Asst: Susan Unger
Phone: (402) 343-3546
Email: susan.unger@bcbsne.com

Raymond F. McCaskey
President and CEO
Blue Cross and Blue Shield of Illinois, Texas,
New Mexico and Oklahoma
300 East Randolph Street
Chicago, IL 60601-5099
Phone: (312) 653-6746
Fax: (312) 938-3657
Email: mccaskeyr@bcbsil.com
Asst: Lynne Recupido
Phone: (312) 653-6818
Email: recupidol@bcbsil.com

Bruce G. Bodaken
Chairman, President and CEO
Blue Shield of California
P.O. Box 7168
San Francisco, CA 94120-7168
50 Beale Street
San Francisco, CA 94105
Phone: (415) 229-5086
Fax: (415) 229-5056
Email: bruce.bodaken@blueshieldca.com
Asst.: Leslie Monahan
Phone: (415) 229-5096
Email: leslie.monahan@blueshieldca.com

D. Scott Ideson
President
Regence BlueCross BlueShield of Utah
P.O. Box 30270
Salt Lake City, Utah 84130-0270
2890 East Cottonwood Parkway
Salt Lake City, Utah 84121
Phone: (801) 333-5664
Fax: (801) 333-6516
Email: sideson@regence.com
Asst: Wendy Cowley
Phone: (801) 333-5290
Email: whcowley@regence.com

Mark Ganz
President & CEO
The Regence Group
P.O. Box 1071, E15A
Portland, OR 97207-1071
100 SW Market Street
Portland, OR 97201
Phone: (503) 226-8721
Fax: (503) 225-6797
Email: mbganz@regence.com
Asst: Denise Thayer
Phone: (503) 225-5228
Email: dethaye@regence.com

J. Bart McMullan, Jr., M.D.
President
Regence BlueCross BlueShield of Oregon
P.O. Box 1271
Portland, OR 97207 – 1271
100 SW Market Street
Portland, OR 97201
Phone: (503) 225-5351
Fax: (503) 226-8795
Email: jbmcmul@regence.com
Asst: Carol Brandt
Phone: (503) 225-6894
Email: csbrand@regence.com

John Stellmon
President
Regence BlueShield of Idaho
1211 West Myrtle, Suite 110
Boise, Idaho 83702
Phone: (208) 395-7703
Fax: (208) 395-7704
Email: jstellmon.id@regence.com
Asst: Terri Redmond
Phone: (208) 333-7823
Email: tredmond.id@regence.com

Mary O. McWilliams
President
Regence BlueShield
1800 Ninth Avenue, M/S S1600
Seattle, WA 98101
Phone: (206) 464-3756
Fax: (206) 287-5413
Email: mmcwilliams@regence.com
Asst: Paula Lyons
Phone: (206) 464-5524
Email: pjlyons@regence.com

Michael B. Unhjem
President and CEO
BlueCross BlueShield of North Dakota
4510 13th Avenue, S.W.
Fargo, ND 58121-0001
Phone: (701) 282-1327
Fax: (701) 282-1866
Email: mike.unhjem@bcbsnd.com
Asst: Mary Ann Schaan
Phone: (701) 282-1328
Email: maryann.schaan@bcbsnd.com

Robert Shoptaw
President and CEO
BlueCross and BlueShield of Arkansas
P.O. Box 2181
Little Rock, AR 72203
601 Gaines Street
Little Rock, AR 72201
Phone: (501) 378-2242
Fax: (501) 378-2037
Email: rlshoptaw@arkbluecross.com
Asst: Carolyn Henry
Phone: (501) 378-2243
Email: cjhenry@arkbluecross.com

Blue Cross Blue Shield of Georgia
Main #: (404) 842-8000
Fax #: (404) 842-8010
Main #: (866) 777-9636
Website: www.bcbsga.com
3350 Peachtree Road, NE
Atlanta, GA 30326-1040 USA

Ms. Monye Connolly
President of Blue Cross Blue Shield of Georgia
mmc6213@wellpoint.com
Direct: (404) 842-8509
Assistant: Tina

Ms. Tracy Healy
Staff Vice President of Finance
tracy.healy@wellpoint.com
Assistant: Lisa

Ms. Amy Odom
Staff Vice President of Staff Affairs
amy.odom@bcbsga.com
Direct: (404) 842-8132

Ms. Cindy Sanders
Corporate Communications Director
cindy.sanders@bcbsga.com

Mr. George Walker
Chief Financial Officer
george.walker@bcbsga.com

(Photo: Getty)

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Consumerist-5042632 Thu, 18 Sep 2008 10:04:20 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5042632&view=rss&microfeed=true
<![CDATA[ Retailers Recall Death Bassinets Because The Manufacturer Won't ]]> The CPSC says that several retailers have agreed to recall some bassinets with a deadly flaw that has resulted in the strangulation deaths of two infants. The parent company that now owns the manufacturer of the bassinets is refusing to recall the product, claiming that they are not responsible for items that the old company, Simplicity, made before they bought its assets.

The Chicago Tribune, heady with the power of Illinois' badass toy laws, stormed into some stores and bought two of the deadly bassinets.

In fact, a Tribune reporter on Thursday bought two bassinets at Baby Depot at Burlington Coat Factory on the West Side. Before the reporter left the store, an employee checked the model numbers to see whether those versions contained the deadly flaw. She told the reporter they did not.

But she was wrong. Both had the dangerous design.

Whoops. The Trib says that although the company that bought Simplicity (after it went bankrupt due to a previous crib recall) is denying responsibility for the bassinets, they say their bassinet had a shipping label with the new company's name on it.

SFCA countered by saying Simplicity products are not its responsibility. "The products in question were manufactured and distributed by Simplicity Inc., a company that is no longer in business," SFCA said in a written statement. "SFCA purchased Simplicity's assets at auction after Simplicity Inc. went out of business and has no legal liability for any products distributed previously by Simplicity."

But one of the deadly bassinets the Tribune purchased Thursday carried a shipping label with the name "SFCA Inc." This seemed to contradict the written statement SFCA issued Thursday: "The CPSC product alert does not involve any product manufactured and distributed by SFCA Inc."

Asked to explain this discrepancy, SFCA spokesman Paul Nathanson would not comment directly. Instead, he wrote in an e-mail: "As far as I know none of these model numbers were manufactured and distributed by SFCA."

To read a full list of the model numbers affected by this recall and to see a list of retailers who are cooperating with the CPSC, click here.

We wondered why the CPSC is still unable to issue involuntary recalls, but were unable to find a straight answer anywhere. Consumer Reports says that the CPSC told them that they were using some of their special new powers to deal with the situtaion — namely the ability to skip a 30 day waiting period before issuing a consumer warning about a dangerous product.

"The CPSC is continuing to seek all options with SFCA to ensure there is recourse for the consumer," said agency spokeswoman Julie Vallese. "However, this is a very complicated case and there is a question whether SFCA has legal liabilities for products manufactured by Simplicity."

Consumer Reports suggests that when you try to return the product, that you print out the CPSC's warning and bring it with you to the store. We think that's a good idea.

900,000 bassinets targeted [Chicago Tribune]
Six Retailers Agree To Stop Sale and Recall Simplicity Bassinets Due To Strangulation Hazard [CPSC]
Two deaths trigger safety alert for Simplicity bassinet [Consumer Reports]

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Consumerist-5044302 Tue, 02 Sep 2008 12:42:29 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5044302&view=rss&microfeed=true
<![CDATA[ Car Dealership Disguises Junk Mail As Traffic Ticket ]]> Reader Sandra thinks Feeny Dodge in Elgin, IL should rethink this advertisement, which is disguised as a traffic ticket.

Sandra says:

I received the following advertisement in the mail today. It comes from a Feeny Dodge dealership in Elgin, Illinois. However, it came in an envelope marked "Traffic Division - Department of Ticket Disbursements" from Carol Stream, IL. I thought it was a traffic ticket so I opened the letter. I was surprised to learn that it was actually an advertisement for a local car dealership! Seriously, how low will a company go to get you to read their junk mail?

This is just sad. We were curious about the official-sounding stuff about consulting the F010 section of the DMM so we looked it up. It's the section of the official domestic mail manual that deals with Nondelivery of Mail. Tee hee. How authentic.

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Consumerist-5041628 Tue, 26 Aug 2008 08:39:09 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5041628&view=rss&microfeed=true
<![CDATA[ Towing Chicago-Style: Put Up A Sign After Hundreds Of Cars Have Already Parked ]]> If you're from Chicago and have ever parked an automobile, this has probably already happened to you 6 times and you'll be wondering why this story is even newsworthy. Feel free to go get a sandwich. For the rest of the country... The Chicago Sun-Times is reporting that hundreds of people who drove to the 79th annual Bud Billiken Parade got a nasty surprise when they found that a towing company had posted a notice after the parade started and towed all of their cars.

Motorists, residents and store owners in the area say a tow company waited until lots near the parade route were full of cars before posting towing notices and taking vehicles. Each owner had to shell out at least $170 to Rendered Services Inc. to retrieve their cars.

Police on the scene said they'd heard many radio calls about towing from vacant lots in the area, and most involved Rendered. Police said at one point they had to stop trucks from yanking the cars because the signage was erected after the 10 a.m. start of the parade.

Fun! The towing company claims that the signs were "posted and reposted and reposted," but a local business owner told the Sun-Times, "They just put it up no less than an hour ago."

Sweet home, Chicago.


Tow trucks swoop in on paradegoers' cars
[Chicago Sun-Times]
(Photo: John J. Kim/Sun-Times)

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Consumerist-5035755 Tue, 12 Aug 2008 08:52:45 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5035755&view=rss&microfeed=true
<![CDATA[ Best Buy Calls You An "Asshole" For Not Showing Your Receipt ]]> After driving all over Chicagoland with his 7 month old son looking for a DirecTV receiver, reader Bobby was called an asshole for not stopping and showing his receipt to a Best Buy employee. He's a little ticked off, and he CC'd us on his letter to Best Buy. Let's listen in:

We join Bobby as he drives to his third Best Buy of the day (the first one supposedly had 5 receivers in stock but the employees couldn't find any of them and told him to drive to the second one — where the same thing happened.)

Even though it's a pretty short drive in terms of miles, it took almost an hour due to highway traffic. Finally I got to the Bucktown store, made my purchase, and started to leave.

The security person at the door asked to see my receipt, and I told him no. (My son desperately needed a nap, and I know that while you have the right to ask for my receipt, I have the right to say no.) I kept walking, and the security person followed me out of the store. He kept asking, in more and more urgent tones, to see my receipt. I answered no a couple of times and he asked again, and then I said "you may not" and he called me an asshole. I don't begrudge you asking customers to see their receipts. As long as you recognize that I'm under no obligation to show it, and you take no for an answer when it's given.

I called the store a little later, and spoke to a manager who apologized, agreed that was unacceptable behavior, and said she'd have a conversation with the security guard.

But I don't think that was enough. Best Buy repeatedly failed to do the minimum you'd expect a professional corporation to do....

I unnecessarily wasted at least two hours of my time today, and was called profane names for my trouble.

Oh receipt checkers, when will you learn...?

We're curious, what do you think is fair compensation for being called an asshole? Or is having profanities hurled at you and your child just the price you pay for not following Best Buy's "rules." Tell us in the comments.

(Photo: Ian Muttoo )

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Consumerist-5033095 Tue, 05 Aug 2008 09:02:35 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5033095&view=rss&microfeed=true
<![CDATA[ Citibank: Sorry We Illegally Ruined Everything You Own Because Your Landlord Was In Foreclosure ]]> Do you know what your rights are if your landlord is in foreclosure and people show up at your door to try to evict you instead of him? What if they load all your crap onto a truck and lock you out? No? Neither did "Tabitha," a renter whose landlord was in foreclosure and whose possessions were destroyed as movers kept illegally loading them onto and off trucks over and over again.

The nonsense began when attorneys for Citi Residential Lending (now CitiMortgage) obtained a court order to evict Tabitha's landlord from the brownstone that he owned and was renting to Tabitha. To that end, the bank hired a Realtor and the sheriff’s office to evict the landlord. The Realtor, "Jax Realtors and REO Group," knew that Tabitha and not her landlord lived in the property, according to the Chicago Reporter, but they decided to evict her anyway, (despite the fact that this is illegal in Illinois.)

When she called the company the day of her lockout, she said an employee agreed to let her in two days later at 10 a.m. Tabitha arrived at 9:45 a.m. with a brigade of minivans and cars with friends, some of whom had taken off work, ready to pack, load and move her things, despite the 33-degree temperatures outside. They waited two hours. She said Jax never showed up.

The next day, Tabitha walked into the West Side office of the Legal Assistance Foundation and briefed attorney Jennifer Payne on her case. Payne believed she could retrieve Tabitha’s belongings and get her some restitution.

Payne contacted Jax to see if the company was willing to negotiate. A company representative seemed agreeable and a date was set to meet at the apartment, Payne said. Jax officials did not show up for the second time and subsequently did not return her phone calls, Payne said. By the next afternoon, a truck from a different company was being loaded with Tabitha’s furnishings. Tabitha’s neighbor phoned and told Tabitha to hurry home. She arrived and called police. Some of her property was in the truck, some was still in the apartment. The rest was in a trashcan in the alley.

When police arrived, Tabitha showed her identification. The movers showed the officers their paperwork and called Jax Realtors and the move was stopped. According to the police report: “Complainant stated tenant home in foreclosure and contractor hired to clean building without notifying or allowing tenant to move out. Contractor returned property into residence, building resecured.” Four days later, movers were there again. Again, they left without the furnishings. By this time, the damage to Tabitha’s property was irreparable. The movers had damaged a fair amount of furniture to the point that Tabitha no longer wanted it.

When she learned that Jax owner Michael R. Fields called the Reporter’s office, Tuesday, April 29 at 10:46 p.m., to say she could get her things back from the apartment, Tabitha recoiled in disgust. “I don’t want that crap,” Tabitha said.

The Realtor denies that they ever stood Tabitha up, and blame Citi Lending's attorneys for the mix-up. Citi said that Tabitha was given an opportunity to contest the eviction and didn't. As the story went to print, Tabitha and her lawyer were settling with Citi Lending after they were contacted by the Chicago Reporter. They claim that they never received the letters sent by Tabitha's lawyer.

“If [Jax] didn’t have a court order to evict Tabitha, what [they] should have done was gone back to the bank and say, ‘Bank, you don’t have an order to evict Tabitha," said her lawyer.

The Reporter also has some tips for renters caught up in foreclosure. Remember, every state is different, so make sure that you understand the foreclosure laws in your area.

A Renter's Nightmare [Chicago Reporter]

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Consumerist-5030133 Mon, 28 Jul 2008 15:43:01 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5030133&view=rss&microfeed=true
<![CDATA[ Furniture Store Deducts 20% From Refund For Furniture They Never Delivered ]]> If a store sells you something, and then fails to deliver the product, you should be entitled to a full refund, right? Not so at Furniture Bargains of Calumet City, IL. There, even when they don't give you the furniture you ordered at all, they'll take 20% off your refund, at "the manager's discretion." Which I guess is just a fancy way of saying, "we feel like robbing you today and the manager said it's ok." AJ's story, inside...

I was recently in the market to purchase furniture for my new home. I looked at several places and saw some really nice things; however, on April 13, 2008 I settled on a lovely chocolate-brown sofa & loveseat set for $600 from Furniture Bargains, located at 1785 River Oaks Drive, Calumet City, IL 60409. The total package, including taxes and delivery, came to a total of $717.91 (with a 10% down-payment).

So since this was such a great deal, at the time, I decided to take advantage of their layaway plan of 30, 60, or 90 days. They also had at least 7 sets available for delivery. Great deal, right? WRONG!! I made my initial 10% down-payment of $72 and opted for a 60 day plan. On May 17, 2008, I made another payment of $300 and then I made another payment of $100 on June, 20, 2008 as well as extended my layaway plan for another 30 days. This brought my total paid thus far to $472.00.

So I called the furniture store on Monday, July 7, 2008, informing them that I was coming in later that evening to make a my last payment (well before my deadline) and inquired as to the date my furniture will be delivered. This is where the problem began. I was informed that my set was no longer available (meaning they were all gone) and when I inquired about how the situation could be resolved, the sales representative told me that I could wait another 4-6 weeks for another set. I feel that I and should not have to wait that long for a company. So, I visited the store later that same Monday and spoke with the same salesman whom I had spoken with earlier on the phone. He was the same individual who helped me set up the layaway plan for me almost three months ago. I asked him what could be done about the problem. Not only did he try to sell me something far cheaper than my original set, but when I mentioned that I did not like anything else within the store and I would prefer a refund because I only wanted that style, I was told that there are no refunds on layaways and was provided with no documentation showing that there were no refunds on layaways for items that are all sold out. He informed me that I could wait to speak with his manager who would not be in until two days later Wednesday, July 9, 2008.

Wednesday morning I called Furniture Bargains to speak with the manager. I was only able to briefly mention my situation to her (because she quickly ended our conversation) and explained that I was informed that there were no more furniture sets like the one I purchased. She mentioned that she was "suppose" to call me before she left for vacation to ask about the set but I never received the call. However, she did mention that she would look into the error and if she couldn't find any more she would give me a full refund and call me back at 3pm that day. I didn't speak with the manager again until 6:30pm that evening (after I had to call her numerous times throughout the day) and at this time she mentioned that the managers have a different inventory listing that their sales reps and that she "now" has one available for me. So, when I tried to ask about the quality and/or where the set was coming from, she rudely told me I could get a refund and hung up the phone. I called back to let her know that I would be in on Friday of the same week to get my refund and she informed me that "they" may charge me a cancellation fee.

On Friday afternoon, I visited the store a second time hoping to retrieve my refund. This time I was informed that I will be able to receive my refund; however, I will have to accept a 20% cut from my total amount paid. When I asked her about the "they" people and how was it determined that I was to receive a 20% cut, she then mentioned that that decision was made upon the "manager's discretion". Again she was not able to provide me with valid documentation showing either my signature for the non-refund or for the refund with a 20% fee. In addition, she abruptly stopped talking to me and began talking to another customer without resolving my problem. The store's overall customer service is very poor and they disregard customers in a highly unethical manner.

Unbeknownst to her, I inquired about my set from another manager at another Furniture Bargains location and was also informed that there were no more sets available within any of the stores and/or warehouse (there was one within the system but it was someone else's paid in full waiting to be delivered). Furniture Bargains has 10 store locations and they all operate out of 1 warehouse.

In the end I have no furniture, no money, and no where else to turn. No other location will assist me because I originally purchased at the River Oaks location and they have the authority to give me the refund or not.

If you could very much help with this problem, I would be very thankful. All I would like is my refund.

Thank you,

AJ

Assuming there is no clause in the layaway contract allowing for Furniture Bargains to steal 20% from AJ, I'm thinking small claims court is the best route. You gotta watch your ass when buying furniture, remember how that furniture industry insider described it as a "secret cabal?"

(Photo: Getty)

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Consumerist-5027245 Mon, 21 Jul 2008 10:48:11 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5027245&view=rss&microfeed=true
<![CDATA[ Funeral Home Switches Grandma's Body For Different One ]]> The Mount Auburn Funeral Home in Stickney, Illinois, mixed up the tags on a couple of bodies, so that when mourners showed up to view 91-year-old Lillian Grogan on Monday, they instead saw a different lady wearing Grogan's clothes and jewelry. When a granddaughter tried to find out what the funeral home had done with the real Grogan, she discovered the woman had already been buried. She was exhumed and reburied yesterday. Hey, at least cremation wasn't involved.

The funeral home referred questions to its parent company, Houston-based Service Corporation International. Company spokeswoman Jennifer Brandino said the families had requested the company not disclose information about the mix-up.

"We continue to work with both families involved and are committed to resolving the issue to their satisfaction," Brandino said.

Why did the quaintly named Mount Auburn Funeral Home refer questions to SCI to explain what was obviously a local mistake? Because if you're going to be owned by the country's largest funeral home corporation—it's like the Buy n Large (or maybe Umbrella Corp) of "end-of-life services"—you may as well use it to hide behind when you screw up.

"Grandmother's body switched at Ill. funeral home" [Chicago Tribune]
(Photo: Getty)

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Consumerist-5026161 Thu, 17 Jul 2008 07:48:26 EDT Chris Walters http://consumerist.com/index.php?op=postcommentfeed&postId=5026161&view=rss&microfeed=true
<![CDATA[ Man Threatens To Sue Extortionist HVAC Company In Small Claims, Wins ]]> Last winter, David's old furnace broke down. But things got really heated up when the incompetent HVAC repairmen he hired threatened to report him to collection agencies and put a lien on his condo when they wanted him to pay up for a repair they never finished. Just to give a little atmosphere, this takes place in Chicago, famed for its merciless winters. David's story, and how fought back, inside...

Brrr! I called a leading HVAC company to come fix it, not wanting to risk fixing it myself (gas leaks scare me). The repairman spent 3 hours trying 6 different circuit boards, and finally said he must have gotten a fully defective batch, he’d have to come back the next day with parts from the warehouse. He then spent 30 minutes trying to force me to pay him for his time, despite not having actually repaired my furnace. I told him he’d better leave or I’d call the police. He left.

I broke out my trusty old multimeter and started testing things by reading the handy-dandy electrical schematic glued to the inside of the access panel. Within 15 minutes I found it was a “heat trip sensor” – basically a “fuse” that trips when it detects heat in the wrong place. This one was “downwind” of the chimney flue, where hot natural gas fumes normally rise upwards. A visit to the roof determined a chimney lining tile had fallen over and blocked the chimney.

Thus, the hot exhaust blew back down the furnace, and the furnace’s safety system kicked into gear. Banging on the tile in the chimney with a broomstick made it break and fall to the bottom of the chimney. A trip to an HVAC supplier resulted in a $4 replacement heat sensor. I installed the part, and just like that! My furnace started working just fine.

The next day, the HVAC company threatened to report me to collection agencies, sue me, and even threatened to put a lien on my condo. A few weeks later, I filed a small claims court complaint contending that I never agreed to pay a dime unless the repair was completed, and to boot, they were incompetent. Rather than appear before a judge, they settled by reimbursing me the filing fees and drop the collection attempt

How did I know to do things with the small claims court?… Consumerist. THANKS!

Going to small claims court is a lot easier than you might think. You don't need a lawyer and filing fees are minimal. Here's how to take a case to small claims court, stories and advice from a guy who makes frequent use of small claims court, and a success story from a reader who won after suing a subcontractor in small claims.

(Photo: beau-foto)

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Consumerist-5024848 Mon, 14 Jul 2008 10:18:56 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5024848&view=rss&microfeed=true
<![CDATA[ Illinois And California Are Suing Countrywide For Deceptive Lending And Fraud ]]> The Attorneys General of Illinois and California announced today that they are suing Countrywide Financial for its role in the subprime mortgage meltdown.

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

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Consumerist-5019626 Wed, 25 Jun 2008 14:50:09 EDT Alex Chasick http://consumerist.com/index.php?op=postcommentfeed&postId=5019626&view=rss&microfeed=true
<![CDATA[ The Chicago Public School system has given ... ]]> The Chicago Public School system has given a car to a 12-year-old in recognition of her perfect attendance over a three month period. "By attending school every day within any one of three time periods, a total of 189,115 students were eligible for the Dodge Caliber, which was donated to CPS by Clear Channel and South Chicago Dodge." We suppose giving cars to 12-year-olds is one way to advertise your car dealership. [Chicago Tribune]

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Consumerist-5019031 Mon, 23 Jun 2008 20:28:27 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5019031&view=rss&microfeed=true
<![CDATA[ Well, Gas Is Still Cheaper Than The Champagne Of Beers... ]]> With gas prices topping $4.00 a gallon in Chicago, Chicagoist started wondering how much gallons of other liquids cost. Turns out gas is still cheaper than the Champagne of Beers...

Milk $3 (on average)

IBC Root Beer $5.33 ($3 for a six-pack of 12 oz bottles)

Miller High Life $5.33 ($15 for a 30-pack of 12 oz cans)

Ketchup $8 ($2 for 32 oz)

Hydrogen Peroxide: $10.32 ($1.29 for 16oz)

It's a good think we don't run cars on Chanel nail polish at $5760 per gallon, huh?

Does anyone have a Geo Metro that runs on milk?

How Much is a Gallon? [Chicagoist]

(Photo: Joy of the Mundane )

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Consumerist-5010542 Thu, 22 May 2008 15:59:32 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5010542&view=rss&microfeed=true
<![CDATA[ Attention all you liver lovers, Chicago has ... ]]> Attention all you liver lovers, Chicago has reversed its foie gras ban. [Chicago Tribune] (Thanks, William!)

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Consumerist-5009165 Thu, 15 May 2008 11:42:32 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5009165&view=rss&microfeed=true
<![CDATA[ Thanks, Bank of America: "I Deposited A Check That Dosen't Exist, And I Have A Receipt." ]]> It seems that everything isn't going so swimmingly during the transition from LaSalle Bank to Bank of America. One reader says that a check he deposited and has a receipt for has mysteriously disappeared...

Here in Chicagoland, Bank of America bought LaSalle Bank, so May 5, all LaSalle banks made the switch to BofA. So yesterday I went into an old LaSalle bank in Matteson, IL, deposited a check which should post by the next day.

Well, now my check is nowhere on the system and customer care told me their having problems with deposits made at old LaSalle banks not showing up, and no eta for a fix. So i said "apply the check manually or give me a credit?" They won't do anything... so now i deposited a check that dosen't exist and i have a receipt.

Are there any other LaSalle Bank customers out there who are having this problem? Have you had any luck in getting it resolved? Let us know in the comments or at tips@consumerist.com.

(Photo: RcktmanIL )

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Consumerist-5008159 Wed, 07 May 2008 16:14:53 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=5008159&view=rss&microfeed=true
<![CDATA[ Chase Closes Bank Account, Hold Money Hostage ]]> What makes the next story about reader Pavel trying to get satisfaction from Chase executive customer service so interesting is that Pavel himself is Executive Assistant to the President of his company. He knows how executive customer service is supposed to work. As he puts in, he has the ability to "walk on water" within in his company. Which makes his experience with Chase, where they closed his account for having a zero-balance for less than a week, and then held his money hostage, all the more frustrating...

Pavel writes:

I've been reading your site daily for over a year and I get a pure kick when people expose the inner filth of corporate America. As of yesterday I have my own story to share.

I've been with Chase for several years now. I have a checking account, a savings account, an Amazon Visa card and United Visa card with them. I carry small balances, pay my "non-chase ATM" fees, my "Online Bill Pay" fees, the occasional "Overdraft protection fee" for when they transfer money from Savings to Checking... in other words the average customer who never creates trouble and generates revenue.

About a month ago I decided to open a second checking account and use it only for direct deposit of my payroll check. Then every other Friday I'd go online, transfer some of the amount to savings and the rest to checking.

Until yesterday morning, when much to my surprise not only was my direct deposit not there, but also the entire account was missing. As in GONE. There was no trace of this account whatsoever. I called Chase customer service right away (it was about 7:30 AM) just so I can hear a totally brain-dead teenager tell me that my account had been closed a week ago for carrying zero-balance for too long. "WHAT??? You have got to be kidding me. I have a direct deposit going there every other Friday, you closed the account a week ago, so you're telling me a zero-balance for a week gives you a reason to close the account? Despite the fact that every two weeks there is a rather sizable deposit from ADP" Her totally expected dumb answer was: "Sir, it's the system that closed your account, not us. There is nothing we can do to prevent this from happening". Evidently, in her pea-sized brain "The System" is an almighty creature with an evil behavioral twist rather than a piece of computer software that 99.9999999% of the time does exactly as instructed.

Escalation to Little Miss Braindead's Supervisor got me nowhere either. I was told that they can not reopen my account and I'd have to go to the branch that opened my account at, where the manager is the ONLY person who can make this happen, despite my repeated attempts to explain that the branch had been bulldozed two years ago along with the Dominick's store it was in. Oh, and get this. Even if with the help of the Almighty I somehow managed to get the account reopen they wouldn't be able to deposit the amount they were holding before midnight on Tuesday. Now I'm not going to start crying that I have bills to pay, checks that were going to hit my account and so on... I've got plenty of dough in both checking and savings to cover expenses for months to come. But that's not the point. So, naturally, I request an escalation to Executive Customer Service (800-242-7399). I get transferred to a Michelle Crabtree (713-262-3866). She tells me pretty much the same story. My simple answer to her was along the lines of "Dear Michelle, if I don't have my account reopened and funded by noon today, I will take extreme pleasure in writing about this to our our local newspapers (those happen to be Chicago Tribune and Chicago Sun-Times) along with spending $25 on a Small Claims Court filing fee.

She promises a prompt resolution and I tell her she has about 4 hours to deliver on her promise. I get a call back midday saying that they will be able to reopen the account (but not until midnight) and create a "credit memo" on my old checking account, but I'd have to go myself and move the funds to savings or the credit memo will fall off at midnight. It didn't make much sense to me, but hey, this is a specially trained professional who has been entrusted with handling sticky situations on behalf of the office of the president. Or maybe not.

Of course the credit memo disappeared at midnight. And of course my checking account was not reopened, and of course there are overdraft protection fees on my account which currently shows negative balance. And of course, the only people who can fix this are Executive Customer Service but that's not open on the weekend.

Now let me say this... I work as the Executive Assistant to the President of my company and I CAN WALK ON WATER! Moreover, my attitude is that if 40-some years ago we were able to land on the Moon with a help of a computer that had less processing power than my cellphone... nothing is impossible. If these people really work for Executive Customer Service, Chase has to either redefine what that means and admit it's just a bunch of glorified idiots, or train them better.

My 2 cents.

Cheers and keep those stories coming!

Pavel G.
Chicago, IL

(Photo: Ben Popken)

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Consumerist-5008009 Wed, 07 May 2008 09:10:34 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=5008009&view=rss&microfeed=true
<![CDATA[ Suburban Chicago Hospital Will Close After Being Crushed By Too Many Uninsured Patients ]]> stfrancis.jpgIf you're in the market for an excellent 410 bed hospital, the Chicago suburb of Blue Island has one that it'll let you have for free, says the Chicago Tribune.
In a stunning development underscoring the plight of non-profit hospitals struggling with the increase in uninsured patients, the Catholic ownership of St. Francis Hospital & Health Center on Wednesday said it will shutter the hospital because nobody would buy it.

The religious order of nuns that oversees St. Louis-based SSM Health Care said it could not even give the hospital away to other health facilities "for free."

Saddled with tens of millions of dollars in losses from uninsured patients who could not pay their medical bills, St. Francis would be abandoning its core mission of caring "for the people of its communities regardless of their ability to pay." SSM will seek a closing application with the state, a process that could take several months.

The closing would erase a deeply established health-care facility in a struggling south suburban town, forcing residents to travel further from home and potentially stressing other facilities with an influx of thousands of patients, many with limited means.

"Unfortunately, in spite of St. Francis' outstanding clinical reputation, reimbursement from commercial insurers could not cover the cost of providing care to the growing number of Medicaid and uninsured patients," said Sister Mary Jean Ryan, SSM's chief executive officer.

Established in 1905, the Tribune says that St. Francis was known for its excellent cardiology program housed in a $34 million state-of-the-art addition that was completed in 2003. Any takers?

Maybe a network needs a realistic set for a TV doctor show?


SSM to Close St. Francis Hospital & Health Center (Press Release)
[St. Francis]
The hospital they just couldn't save [Chicago Tribune via WSJ Health Blog]

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Consumerist-375723 Thu, 03 Apr 2008 13:32:44 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=375723&view=rss&microfeed=true
<![CDATA[ Are You Ready For The $35 Movie Ticket? ]]> What recession? A group on investors think Americans are ready to pay $35 for a movie ticket, says Variety:

Village Roadshow Ltd., Act III, Lambert Entertainment and the Retirement Systems of Alabama pension fund have partnered to bring the luxury cinema circuit Village Roadshow Gold Class Cinemas to the U.S.

The partners will spend $200 million to build 50 theaters nationwide over the next five years, with the first two venues set to open in South Barrington, a suburb of Chicago, and the Seattle suburb of Redmond in October. Others are planned for Fairview, Texas, near Dallas-Fort Worth, and Scottsdale, Ariz.

Each complex will sport theaters featuring 40 reclining armchair seats with footrests, digital projection and the capability to screen 2-D and 3-D movies, as well as a lounge and bar serving cocktails and appetizers, a concierge service and valet parking.

But the circuit will especially push its culinary offerings — made-to-order meals like sushi and other theater-friendly foods from on-site chefs (a service button at each seat calls a waiter). Moviegoers will have to pay extra for any food they order, however.

South Barrington, IL? Really? Yeah, that town is full of rich people but did they get rich paying $35 for a movie ticket?

Would you pay that much to see a movie?

Filmgoers get a taste of the good life [Variety via BuzzFeed]
(Photo:kozumel)

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Consumerist-373150 Thu, 27 Mar 2008 17:45:48 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=373150&view=rss&microfeed=true
<![CDATA[ Best Buy Charges $2 Premium For Inferior Open-Box Mouse ]]> The Best Buy in Champaign, Illinois wants Andrew to pay $2 extra for a used mouse covered with someone else's hand gunk. We see plenty of these open-box pricing bloopers and Best Buy employees are always fast to rush to the comments screaming "But it's policy!" We understand, but it's a stupid policy that has a simple, albeit symbolic and ineffective solution.

Stop placing the open-box items right next to the old price tags! The pictures people send us are not (usually) staged. They are taken by ordinary shoppers who could care less about your precious policies, and who can spot idiocy when it stares them in the face. Don't make the screw job so !@#$% obvious and we might stop making fun of you. Well, we're going to make fun of you anyway, but geeze, make us work for it, alright?

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Consumerist-370439 Fri, 21 Mar 2008 10:25:55 EDT Carey http://consumerist.com/index.php?op=postcommentfeed&postId=370439&view=rss&microfeed=true
<![CDATA[ Mugger Used Our Credit Card, Now CapitalOne Sued Us Without Us Knowing For $1200 And Won ]]> capitalonedeathkitties.jpgAndrew's wife got mugged, the thief rand up purchases on her credit card, and now CapitalOne has sued them for $1200 and won. How can this be? Andrew writes:
In May of 2005 my wife was mugged at one of the elevated train stations in Chicago. After calling the police and filing a police report, she started calling each credit card company to cancel each account. Except she forgot about one card, her CapitalOne card. A card hardly ever used and only had a $500.00 limit...

When we got the bill, we immediately realized our mistake, called Capital One and faxed in the police report showing she had been mugged on that day. We even got the signatures on file from the local grocery store that showed the mugger's girlfriend signature was used, rather than my wife's signature. The mugger even signed my wife's last name wrong and the clerk who checked out the girl, knew the mugger (I guess they live in the same project housing complex, and threw a party with all that liquor they bought...on our dime). Anyway, any sane, logical person could see this is a pretty clear case of someone else using her card. However, Capital One refused to budge on the issue since it was out of the standard reporting time. They indicated we were responsible for all of the charges.

We tried fighting it longer and refused to pay the card. After a few months of trying to fight Capital One, the card now racked up $700.00 of late charges and over-limit fees that they said we were additionally responsible for on top of the thief's purchases. Finally, after talking to one of their bill collectors we said we were willing to pay the $500.00 of unauthorized charges and just be done with the whole thing. Them, in true greedy corporate fashion, refused that deal and said we were responsible for the whole $1200.00. We refused, and they have been sending threatening sounding collection notices since then (as well as ruining my wife's credit, for the sport of it).

Apparently, when we were on vacation this week, Capital One took us to small claims court, supposedly they sent us a notice but I am unaware and unable to find such court notice (It doesn't help that Chicago's postal system is notoriously unreliable). Since we were unaware of the court date, and we were out of town to begin with, the judge ruled in Capital One's favor. Now we have to pay them $1200.00... or we go to jail.

Mugger: 1
Capital One: 2
Average Joe consumer: 0

I'm pissed, frustrated and don't know what to do. Any advice?

-Andy
There's good news and there's bad news. The bad news is that I believe you only have a short period of time to act. One reader says:
Your first action, do this now, is go to the courthouse that your case was heard at and file a motion to overturn the default judgment that was filed against you in your absence. You will have another court date, in front of a judge. You can explain there that you never got the summons to court. In most cases, the judge will overturn the default judgment and schedule another court date. I've seen this happen in CC dozens of times. Obviously it's better if you get a lawyer to help with this, but the CC Court Clerks are also pretty helpful.
If you want to hire a consumer lawyer to help guide you through the appeals process so you don't get tripped up on all the rules, the National Association Of Consumer Advocate site has a find an attorney function that should help you get started on your search. The good news is that once you actually get a fair day in court, your case should be a slam dunk. Under Federal law, your maximum liability for unauthorized use of your card, no matter what, is $50. The other good news is that this was a civil case, not a criminal one, so there's no risk of you going to jail, not unless the banking industry reinstitutes debtor's prisons. ]]>
Consumerist-370117 Thu, 20 Mar 2008 09:26:15 EDT Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=370117&view=rss&microfeed=true
<![CDATA[ CVS To Pay $36.7 Million For Improperly Switching Medications ]]> CVS has settled a lawsuit that alleges the pharmacy giant improperly switched customers to a more expensive form of their medication in order to collect more money from Medicaid.

A lawsuit alleging fraud by the chain-drugstore company was brought by an Illinois pharmacist and joined by the federal government and 23 states that paid for the medication.

The complaint, filed in 2003 in U.S. District Court for Northern Illinois, alleges that CVS pharmacies switched Medicaid patients taking the generic form of stomach medication Zantac to capsules from tablets. Medicaid sets maximum reimbursement prices for the tablet form of the drug but not for capsules, which are more expensive but prescribed less frequently by doctors.

The suit alleges that the switch cost taxpayers as much as 400% more than what would have been paid for tablets. The pill-switching allegedly took place from April 1, 1999, through Dec. 31, 2006.

The case was brought by Bernard Lisitza, who worked as a pharmacist processing CVS prescriptions. Mr. Lisitza previously filed a suit against pharmacy company Omnicare Inc. that settled in 2006 for $50 million. Both suits were filed under the False Claims Act, which allows people to file claims alleging fraud against the government and lets them recover a share of any payments.

Mr. Lisitza's share of the settlement will be $4.3 million. Sort of makes you wish you knew about fraud against the government, doesn't it?

CVS denied wrongdoing.

CVS to Pay $36.7 Million Over Claim Of Improper Switch of Medications [Wall Street Journal]
(Photo:afagen)

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Consumerist-369369 Tue, 18 Mar 2008 16:22:37 EDT Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=369369&view=rss&microfeed=true
<![CDATA[ The top 10 most common complaints received ... ]]> lisaandidtheft.jpgThe top 10 most common complaints received by the Illinois Attorney General's office during 2007 were:
1. Identity theft: 6,388 complaints
2. Credit/financial services: 5,267
3. Promotions and schemes: 3,168
4. Construction and home improvement: 2,714
5. Telecommunications: 2,537
6. New and used auto sales: 1,487
7. Mail order: 1,390
8. Utilities: 908
9. Auto repair: 748
10. Business fraud: 722
Yikes, that's a lot of ID theft complaints. You should really consider shredding all of your paper garbage before you throw it out and all that other good stuff—whether you live in Illinois or not. [Sun-Times]

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Consumerist-362287 Fri, 29 Feb 2008 12:52:41 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=362287&view=rss&microfeed=true
<![CDATA[ As more states ban smoking indoors, the "smoking ... ]]> As more states ban smoking indoors, the "smoking shelter" business is booming. [Chicago Tribune via Fark]

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Consumerist-350369 Tue, 29 Jan 2008 18:54:27 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=350369&view=rss&microfeed=true
<![CDATA[ Should GameStop Charge Sales Tax On XBOX Live Memberships? ]]> Reader Dave asks an interesting question. Should GameStop be charging sales tax on an XBOX live membership card? Generally speaking, only "tangible goods" are subject to sales tax, though every state is different.

Dave says he spoke to Romona at the IL Tax Dept. and confirmed that GameStop should not be charging sales tax on a subscription card. He also pointed us to this document, which doesn't say anything about subscription cards, but does say that "prepaid telephone calling cards and other prepaid telephone calling arrangements," are subject to sales tax. We suppose an XBOX live membership card is not wholly dissimilar to a prepaid calling card. Perhaps there's been some confusion.

Are there any brilliant legal minds out there who can solve this one for us? Maybe Dave could sue GameStop like that toilet paper tax lady sued Kmart. That's always fun.

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Consumerist-349092 Fri, 25 Jan 2008 14:21:31 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=349092&view=rss&microfeed=true
<![CDATA[ Toy Maker Reluctantly Agrees To Recall Leadly "Jammin Jenna" Dolls ]]> jamminjena.jpgA toy-maker who refused to issue a recall for its lead-tainted toys has reversed its position. TY made some "Jammin Jenna" dolls with that were found to have more lead than 600 parts per million Illinois state limit. In response to recall requests, TY said it didn't have to because they said federal law supersedes state law. However, the state AG and federal CPSC responded that states are allowed to adopt more restrictive laws in the absence of federal regulation. TY will pull the Jammin Jena dolls and replace their leadly shiny red vinyl shoes with cloth ones.

Ty takes high-lead doll out of stores [Chicago Tribune]
PREVIOUSLY: Toy Makers Refuse To Recall Leaded Toys

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Consumerist-348566 Thu, 24 Jan 2008 13:13:32 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=348566&view=rss&microfeed=true
<![CDATA[ Owner Still Has To Pay For Dead Cat's Banfield Health Plan ]]> gotchacat.jpgSarah Harper was surprised to learn she would have to keep making payments on her cat's "wellness plan" even after the cat was dead. She was told that she had signed a one-year contract and would have to honor it. Though the service sold by Banfield pet hospitals is packaged like and sounds like insurance, it's not, it's a payment plan. The media kit Banfield sends to reporters explicitly says "wellness plans are not insurance policies." The contract does say that owners will still have to make payments even if the animal has passed away. However, brochures provided to consumers don't say anything like that, instead saying things like it's, ""the best preventive care your pet needs to maximize its life," and that after you enroll, "your pet is on its way to a happier, healthier and longer life!" Catveat emptor.

Up a tree over dead cat's health plan [Chicago Tribune] (Thanks to David!)

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Consumerist-345480 Wed, 16 Jan 2008 10:06:58 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=345480&view=rss&microfeed=true
<![CDATA[ Best Buy Forbids You From Buying Assassin's Creed, Insists You're Buying It For A Minor ]]> assassinscreed300.jpgMatt writes:
Yesterday I went through the horror of taking my 15 year old brother to the Best Buy in Orland Park, IL on LaGrange Ave. I had close to $100 in Best Buy Gift Certificates given to me for Christmas. My brother and I were en route to dinner and we decided to swing by the aforementioned Best Buy to pick up a video game, Assassin's Creed, and XBOX Live Gold. We entered the store. I browsed the camera aisle looking for a cable to possibly purchase for our flat screen then headed to the video game section. I picked up the said items and headed to check out where hell will shortly ensue.

I stepped up to the red haired, slightly obese cashier and she immediately gave me a look of disgrace as if I did something wrong. I replied with a "hi" to make the tension less awkward. She immediately asked me for my ID. I've never been carded for a video game before so I politely handed it to her while asking my brother for my gift cards I gave him while I was busy shuffling through my car just 20 minutes earlier.

She then left the the register booth with my ID and video game and went to her manager. The Best Buy cashier then came back and shouted that I'm purchasing a video game for a minor in front of everyone in line behind me and her fellow cashiers. She even had the nerve to ask, "Is that even your brother with you?!" Hell yes he is! I was embarrassed! It's like she was condemning me for purchasing alcohol for a minor. [ed. Assassin's Creed is rated "M" for Mature, meaning it's considered not suitable for kids under 17. It's a game where you play an assassin during the Third Crusades and you take out various historical figures.]

I quickly responded back that I am 21 year old and that the video game and peripheral are for me. She shook her head with a menacing grim and said that she saw me take gift cards from my brother and that what I am doing is illegal. Enough of this obese 17 year olds shenanigans! I demanded a manager. Unfortunately the manager was probably about 18 years old as well.

In front of the store again he told me that I am illegally purchasing a video game for a minor. I responded back that they are my gift cards! I want to make a purchase. That's when he picked up Xbox Live GOLD. I then asked if I couldn't buy that either. He then took a few minutes to scrutinize the box looking for an online peripherals rating. He never found it and said to me, he's not sure, I might not be able to do that either (Xbox Live was also rated E for everyone mind you). I continued to repeat that these are my gift cards, I'm 21 and I want to make my purchase. The cashier and manager continued to condemn me in front of all that I'm illegally purchasing the game for a minor.

I brought up two ultimatums. "So I have to go drive miles outside Orland Park, IL to another Best Buy to purchase the video game then?" The manager shrugged and said, "I guess so."

I also brought up the option then that if I left the store with my brother, came back in by myself and made the purchase, would that be legal then? The manager replied, "Technically, yes, that will be OK."

I then told them to hold on to the Xbox Live Gold since it was the last one left. I left the store with my brother, told him to go to the car. I then walked back into the store. The manager earlier told me that I can't use the old video game I originally had in hand because it was deemed under "penalty." I then had to walk all the way to the back of the cavernous store, pick up the video game then walk back to the line I was originally in. I stood in line for another 10 minutes waiting. I finally got back up to the obese red head cashier where she smirked and looked at me and said, "Yeah, we can't sell you that video game." What?! "Those gift cards are illegal."

How the hell does she know someone didn't just give me the gift cards on the street or if I had more of my "OWN" gift cards from the car. They just told me that I was able to purchase the video game once I walked my brother out.

I told them that they made a fool out of me before everyone in the store. She continued to be as politely as I can put it a "bitch" to me. I purchased Xbox Live Gold and said to the hell with the game. After making the transaction I told her I didn't need a plastic bag since all I'm carrying out is a small little hand held cardboard box. Who needs a plastic bag for that? She then told me that under company policy if I wanted to exit the store I needed a plastic bag. Absurd! For me to exit the store I need to kill the planet now? I never see people with bags over DVD players that are twice the size as the flimsy Xbox Live cardboard box.

Anyway I left the store, we ate dinner and on the way home we stopped at the Best Buy in Mokena, IL. I purchased the same exact video game, Assassin's Creed with my brother right beside me. I was never carded, I was never interrogated, I was never questioned. I had a wonderful experience there but I had to go through a three hour ordeal of going to the Best Buy in Orland Park, eating dinner than spending another 20 minutes at a Best Buy miles away all for a video game.

Three things Best Buy, first drop the mandatory plastic bag policy. Second, you need to revamp your treatment of customers and not threaten them of their illegal actions in front of all. Three, can I get reimbursed for some gas money for driving miles and miles out of my way since I was banned from buying a video game at your store in Orland Park, IL?

Cheers,

Matt D.

That is one crazy story, Matt. Now, if you had a copy of The Consumerist.com Consumer Action Manual (an as-yet unwritten pocket-sized book in the style of those "How To Escape From Anything" Books), you would turn to page 42, under "Dealing with in-store employee's wacky interpretations of store policy" (just a working section title). There you would see that when little Mr. and Mrs. Blueshirt have decided they are the petty dictators of the cash register universe, you calm yourself down and call their corporate headquarters or customer service line and let them know what is going on. Oftentimes, this results in a call to the store from official company people with a few more firing brain cells who can straighten the whole matter out. Perhaps then corporate would have informed this store that video game ratings are just voluntary recommendations, it's not "illegal" in any sense of the word to sell them to a minor, and especially not to an older sibling who just happens to have a minor with them. We offer this advice based on testimony from readers for whom it has worked, as well as former employees of various retail establishments.

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Consumerist-344525 Mon, 14 Jan 2008 16:23:24 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=344525&view=rss&microfeed=true
<![CDATA[ Judge Dismisses Class Action Lawsuit Against Overstock.com Due To Mandatory Binding Arbitration Clause ]]> Did you know that every time you purchase something from Overstock.com you agree to a mandatory binding arbitration clause and have no legal recourse against the company? Even if they illegally disclose too much of your information on your receipt?

From the Madison County Record:

Shandie Deaton filed the suit Sept. 18, 2007, one month after she made a purchase on Overstock.com. She alleged her receipt violated FCRA.

The act was passed in 2003 and provides that anyone accepting credit or debit cards may not print more than the last five digits of the card number or the expiration date upon any receipt provided to the cardholder at the point of sale or transaction.

Credit card machines put into use after Jan. 1, 2005, required immediate compliance with FCRA. Machines in use before Jan. 1, 2005, were required to be in compliance by Dec. 4, 2006.

Deaton claimed Overstock.com violated FCRA by printing the expiration date and/or printed more than the last five digits of class members' credit card or debit card numbers on the receipts provided at the point of a sale or transaction between Overstock.com and the class members.

"Overstock.com' violations were not the product of an accident or an isolated oversight," the complaint stated. "Rather, Overstock.com knowingly and intentionally continued to use Devices which were not programmed to, or otherwise did not, comply..."

The lawsuit asked for monetary relief of no less than $100 and no more than $1,000 for each violation. Overstock filed a motion to dismiss, claiming that its customers agreed to mandatory binding arbitration by purchasing something from their website.
According to Overstock, customers can freely access their website, however when placing an order, they must agree to the website's terms and conditions before they can continue.

"Any dispute relating in any way to your visit to the Site or to products you purchase through the Site shall be submitted to confidential arbitration in Salt Lake City, Utah," a portion of Overstock's terms and conditions reads.

"To the fullest extent permitted by applicable law, no Arbitration under this agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise."

The judge ruled in favor of Overstock and dismissed the case. "Accordingly, the Court cannot conclude that arbitration of this action is prohibitively expensive," Gilbert wrote. "Therefore, the Court will not invalidate the mandatory arbitration clause based on the theory that forcing Deaton to submit to arbitration would prevent her from vindicating her rights."

We took a look at this arbitration clause and noticed that there's an exception to it. If you even "threaten" to violate Overstock.com's intellectual property rights, they reserve the right to haul you into state or federal court in the state of Utah. What a piece of work.


Arbitration, not litigation: Judge dismisses federal class action v. Overstock.com
[Madison County Record] (Thanks, Shelley!)
Overstock.com Terms & Conditions


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Consumerist-343672 Fri, 11 Jan 2008 08:30:02 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=343672&view=rss&microfeed=true
<![CDATA[ Illinois AG (Still) Wants Ban On Magnets In Children's Products ]]> deathbarbie.jpgIllinois AG Lisa Madigan is tired of children dying after ingesting improperly secured magnets in children's products, so she's suggesting a ban, according to the Chicago Tribune:
Illinois Atty. Gen. Lisa Madigan sent a second letter Friday to the U.S. Consumer Product Safety Commission urging a law banning magnets in children's toys.

The letters follow the Tribune series "Hidden Hazards," which revealed how the understaffed and sluggish commission fails to protect children from dangers in toys and other products.

Earlier this year, the Tribune reported the agency's botched recall of Magnetix Magnetic Building Sets and the death of a child who swallowed magnets that fell out of the toys. This week, the Tribune reported on the dangers posed by loose magnets in children's jewelry.

Magnet deaths are pretty horrific. Ingesting two or more magnets causes them to attract within the digestive system, resulting in tearing of the stomach and intestines. The best case scenario is emergency surgery, but at least one child has died after ingesting magnets that fell out of a toy.

Millions of toys have been recalled this year due to design flaws in which toys can break and release dangerous magnets.

Attorney general again urges ban on toy magnets [Chicago Tribune]

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Consumerist-337192 Mon, 24 Dec 2007 09:48:05 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=337192&view=rss&microfeed=true
<![CDATA[ Fisher-Price Pulls Another Lead-Tainted Product In Illinois Only ]]> leadcuff.jpgConsumer Reports says that Fisher-Price has finished testing another toy blood pressure cuff and have found that it exceeds the Illinois lead limit for toys.

From Consumer Reports:

You may recall that the state's action with the first blood pressure cuff was prompted by Consumer Reports' December investigation "New worries over lead" in which we reported finding high lead levels when we tested samples of the red Fisher-Price toy blood pressure cuff, among other items. Our findings prompted Madigan's office to begin an independent investigation that led to Fisher-Price's decision to pull the product out of the state's stores. The reason: Illinois bans the sale of toys, clothing, jewelry or other children's products that contain lead in excess of 600 parts per million. It is one of the strongest lead laws in the country and more stringent than federal regulations, which place limits on only paint and surface coatings. There are no federal limits on lead in plastics such as PVC.

The current action with the green cuffs was initiated by Fisher-Price, which tested the product and then reported it to Illinois. Fisher-Price spokeswoman Juliette Reashor explained: "Through research, we identified a similar instance with the green cuff, which revealed levels of lead that, though fully compliant with all federal and international standards, exceeded the Illinois statute. We proactively reached out to the State of Illinois to inform them of our findings."

"I am pleased that Fisher-Price took the initiative to test its products, self-report a violation, quickly remove the affected blood pressure cuffs from store shelves, and offer replacements to consumers," Madigan said. "I continue to urge manufacturers and retailers to review and tighten up their quality control procedures so consumers can be confident that the items on store shelves are safe for their children."

Previously, Fisher-Price's spokesperson had made a statement informing consumers that only red blood pressure cuffs were "affected," because the other colored cuffs were made from different materials.

Fisher-Price pulls second lead-tainted blood-pressure cuff off shelves in Illinois [Consumer Reports]

PREVIOUSLY: Fisher-Price Pulls Lead Tainted Toy In Illinois Only
Amazon Pulls Fisher-Price Medical Kit After CR Lead Report
Consumer Reports Finds "Troubling" Levels Of Lead In Unrecalled Fisher-Price Toy

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Consumerist-336345 Thu, 20 Dec 2007 14:22:22 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=336345&view=rss&microfeed=true
<![CDATA[ Illinois' New Gift Card Law ]]> franks.jpgConsumers in Illinois have a new gift card law coming into effect next month, says the Springfield State Journal-Register. The new law will prohibit gift cards from expiring within 5 years of being issued.
Under the new law, the recipient of a $50 gift card — for example — will be able to spend the entire $50, said the measure's House sponsor, Democratic Rep. Jack Franks of Woodstock.

Franks had pushed the gift-card legislation for the past few years before succeeding this year with House Bill 369. It won overwhelming approval in the House and Senate and was signed by Gov. Rod Blagojevich.

The lawmaker's effort started when his son, now 12, tried to use a gift card and money he had saved to buy an aluminum baseball bat. The boy discovered that much of the card's value "had eroded because he hadn't used it within a certain amount of time," Franks said Monday.

Darn those cute kids who save their lawn-mowing money to buy baseball bats. They're always messing up the finest plans of enormous retailers.

New law will ease use of gift cards [State Journal-Register](Thanks, Emily!)

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Consumerist-335216 Tue, 18 Dec 2007 11:22:48 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=335216&view=rss&microfeed=true
<![CDATA[ Countrywide Subpoenaed by Illinois Attorney General ]]> Lisa Madigan, the attorney general of Illinois, is investigating subprime mortgage lender Countrywide "as part of the state's expanding inquiry into dubious lending practices that have trapped borrowers in high-cost mortgages they can no longer afford," says the New York Times.

Lisa Madigan, the attorney general, has subpoenaed documents from Countrywide relating to its loan origination practices, a person briefed on the matter said. Rick Simon, a Countrywide spokesman, said the company was cooperating with the investigation but declined to comment further.

The inquiry follows an investigation by Ms. Madigan's office into One Source Mortgage, a Chicago mortgage broker that recently closed its doors. Ms. Madigan sued One Source on Nov. 27, contending that the company misled borrowers by promising low rates on mortgages without advising them that their payments would jump sharply shortly after the loans were made. Countrywide was One Source's primary lender, according to the lawsuit.

One Source is being investigated for tricking borrowers into signing up for loans in which only a part of the interest is paid, resulting in a mortgage that grows, rather than shrinks as time goes on. These loans are illegal in 25 states, but, of course, not in Illinois—the Sucker State.
The attorney general's lawsuit contended that One Source put borrowers into loans with terms they did not understand, especially so-called pay option adjustable-rate mortgages. These loans allow borrowers to pay only a fraction of the interest owed and none of the principal, resulting in a growing rather than a shrinking mortgage balance. Countrywide was One Source's main provider of pay option loans, documents in that case show.

"This company's conduct is a prime example of unscrupulous mortgage brokers that has led to a foreclosure crisis for many Illinois homeowners," Ms. Madigan said when she filed the suit against One Source.

One Source mortgage brokers are accused of inflating borrowers incomes, telling customers that they had to close before the terms of the deal were explained, lying about the terms of the mortgages, and closing mortgages in as little as 15 minutes.

Countrywide Subpoenaed by Illinois [NYT]
(Photo:meghannmarco)

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Consumerist-333840 Thu, 13 Dec 2007 20:34:17 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=333840&view=rss&microfeed=true
<![CDATA[ DirecTV Screws Reader Six Ways From Sunday Night Football ]]> directvvan.jpg
About six months ago I moved into my apartment in Chicago to learn that the only service available was with DirecTV. Not only that, but we were forced to use MDU communications, a DirecTV reseller. With no options for television, I reluctantly purchased my own HD receiver off eBay (The HR-20) to avoid entering into a contract with them for two years. When I received my unit, I called MDU to sign up and the CSR at MDU told me that since I had my own receiver, I could sign directly up with DirecTV. Awesome I thought, I can cut out the middle man. The CSR at MDU even transferred me to DirecTV account set up line himself.

This being The Consumerist, so you know now is just about the point where the story takes a turn for the worse...

I went through the process of trying to get a signal, but was having issues so they dispatched a tech two days later, which required me to use one of my vacation days. The tech showed up and notified me that I would have to sign up through MDU because I needed some special equipment which they did not provide. Great, I'm getting MDU and DTV to point fingers at each other. At this point, I'm signed up for service yet still don't have any TV. The next day I called MDU to get service set up and a tech dispatched FOUR DAYS later (burning another vacation day). The tech shows up and informs me that I needed some sort of signal splitter, he sets me up and I have service within the hour. This is not where the troubles stop...

Because MDU told me to sign up with DirecTV, I now have an account open with DirecTV and an account with MDU. I didn't find this out until the first billing cycle. On top of that, I am charged for installation since technically I didn't initially sign up with MDU first. So now I have MDU Access Fee + DirecTV + Setup fee's. I spent the better part of nearly two weeks discussing, fighting, eventually yelling, to screaming at these people that their install process was why all of this happened in the first place. They agree to waive the setup fee.

A few days later, I go to check to make sure with DirecTV that I am not in a 2 year contract with them since I bought my own receiver. Low and behold, I'm apparently locked in for two years. I call customer service and they say no problem, fax us in your receipt and we'll take it off. I fax in my information, the Paypal receipt, along with all the eBay printouts/documentation and am told that since I "got such a cheap price on the unit, they cannot waive the contract". Wait what? I buy my own receiver from someone completely unaffiliated with DirecTV and you still wont waive my contract? Arent the 2 year contracts used to offer a "rebate" for buying a receiver from DTV?

I also opted in for the HD service, since I am a big Cubs fan and wanted to watch them in HD. It turns out however, that DTV cant get a WGN-HD (the main Cubs channel) signal in this building. I call tech support, they schedule another tech to come out, I burn another vacation day to learn they cant do anything about it. Fine, by this point I'm sick of them all and I can deal with one channel not being in HD even though its the main channel I got HD service for. I'm sick of the headaches.

The final straw came today.

Last night I tried to watch TNT-HD only to see it cut in and out constantly with no audio and that famous grainy "bad signal" picture you get. It was storming pretty hard down here so I didn't think anything of it, figured it was due to that. But today I turn it on and get a message stating that the "channel is not purchased". I've had this problem before (go figure) where the permissions on your receiver go a little crazy. All you have to do is call DTV and have them "re authorize" your unit and you're fixed in a few minutes. Today was a different story. I call tech support to complain and they know it's an issue. The reason?

Apparently on weekends, DirecTV has capacity problems with their system due to all of the "NFL Network" games so they've been having to cut service (channels) to everyone. Thats right, they're DE-AUTHORIZING people's access to certain channels so they have enough room on their system to provide everyone with their precious NFL Network.

Shame on you, DirecTV for advertising all your new, snazzy HD channels and then having to take them away from people because you dont have enough resources. What did they give me? Oh a free month of Showtime. Whoopty doo, Showtime sucks.

I cant even get the new HD channels they launched (and I pay for) because MDU wont upgrade the satellite on our roof.

....and I cant even switch to Comcast.......

A head-shaking tale of incompetence, poor customer service, and inadequate service. Can they really be called "service" companies if they don't provide any? That thing about getting locked into a 2 year contract because "you didn't pay enough" for your receiver on eBay makes no sense. You're right, the 2-year contract is supposed to recoup the costs of them providing you with a discounted receiver. The NFL issue sounds like it won't be fixed anytime soon, but we would escalate that contract issue. Escalate escalate escalate. Supervisor supervisor supervisor executive customer service. In fact, it sounds so wrong, it might just be wrong enough to direct your Attorney General's office attention towards it.

(Photo: cmorran123)

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Consumerist-332179 Mon, 10 Dec 2007 17:49:30 EST Ben Popken http://consumerist.com/index.php?op=postcommentfeed&postId=332179&view=rss&microfeed=true
<![CDATA[ Senator Durbin On Toy Safety: "It Might Just Be A Good Christmas For Books Or Movies" ]]> durbin.jpgSenator Dick Durbin (D-IL) is the Chairman of the Appropriations Subcommittee on Financial Services and General Government, which recently held hearings about the state of toy safety in the U.S. What did Sen. Durbin take away from those hearings?

That the Consumer Product Safety Commission sucks, of course.


"It is clear we need a new commission," said the Illinois Democrat.

Lawmakers are expected to move on legislation to boost funding and regulations at the Consumer Product Safety Commission in December.

Critics contend the commission has become too cozy with retailers and has a woefully inadequate staff to monitor the flood of imported toys.

Meanwhile, neither the politicians nor the public interest groups have any solid advice for adults trying to avoid lead or eradicate it from playpens.

This is not comforting, considering lead paint was banned in the U.S. in 1977 because high doses of it, or prolonged exposure to it, can cause brain damage, seizures and death.

"It might just be a good Christmas for books or movies," Durbin said, searching for an answer for toy shoppers.

U.S. Rep. Bobby Rush, a Chicago Democrat, said he just won't buy anything made in China. That blanket standard removes more than 80 percent of toys from the shelves. Plus, some toys simply don't have "made in" labels.

Imus said adults should certainly avoid toys at dollar stores, because they have been the subject of numerous lead-related recalls. He pointed out a small metal jewelry piece the interest group bought at such a store in Chicago. It was 65 percent lead by weight, 1,000 times the federal limit.

Time to buy your kid some video games, we suppose.

Parents' predicament: So which toys are safe? [Daily Herald via US PIRG]
(Photo:Senate.Durbin.gov)

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Consumerist-326710 Mon, 26 Nov 2007 21:10:46 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=326710&view=rss&microfeed=true
<![CDATA[ Home Depot: The Women's Restroom Is A Good Place For This Sign ]]> You know what? We're just going to buy our own. Thanks.

(Photo:moacirpdsp)

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Consumerist-320108 Wed, 07 Nov 2007 15:35:28 EST Meg Marco http://consumerist.com/index.php?op=postcommentfeed&postId=320108&view=rss&microfeed=true
<![CDATA[ Corrupt Government: Prison sentence for fraud ... ]]> Corrupt Government: Prison sentence for fraud and racketeering and a Nobel peace prize nomination. Who says you can't deserve both? [NPR]

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