Now who’s drowning in debt? Bill collectors [The Buffalo News] (Thanks to Eric!) (Photo: Sharon Cantillon)

Fox 5 in New York did one of their notorious "Shame, Shame, Shame" segments about the debacle, confronting the dealer with pictures of the car being accepted and the $1700 in parking tickets that racked up as they left it out on the street for several months.

The whole story began when Jessica bought the BMW from Planet Auto Mall in Queens for around $45,000. Soon after she bought the car, it began shaking when she drove it. Planet Auto Mall's mechanics tried to fix the car — but couldn't. When she took it to a BMW specialist they found that there were so many things wrong with the vehicle that it wasn't even safe to drive. Jessica filed a "lemon law" claim against the dealership and won — but that's when her real problems started.

The auto dealer filed a legal challenge to the arbitrator's decision — based on the fact that Jessica had not returned the car. So she did. And she took pictures. And now the dealer says they never got the car. Even though it was sitting outside their dealership for months:

Fox 5: "There were like, 17 or more tickets that were issued to the car... right on the street around here."

Dealership Manager: "Sure. Somebody can say 'OK, you know what? Hey. Here is... I'm bringing the car and I'm parking it over there.'"

Fox 5: "So you're saying she might have..."

Dealership Manager: "She might have. I'm not sure."

Fox 5: "She might have put the car on the street."

Dealership Manager: "She might have put the car wherever she wants to put it."

The dealership lost their case in May, but have still not paid up because they've filed an appeal. Fox 5 stormed in with their cameras and demanded answers of the dealership's owner, but, of course, got none.

Jessica's next payment is still due on the 14th.

Planet Auto Mall [MyFoxNY]

From the NYT:

According to Mr. Gioia’s office, executives at Costco told the office that they declined to accept food stamps for three reasons.

They did not think they would qualify based on the federal government requirements.
It was too expensive to adapt their equipment to accept food stamps.
With their annual fee/bulk-purchase model, people on food stamps probably could not shop there anyway.

Are these valid concerns? If the corner bodega could qualify to accept food stamps, why would Costco, a publicly traded company with $71 billion in annual revenue, not qualify?

The article goes on to examine each concern — and none of them were particularly compelling. For example— the "too expensive" excuse: "...stores that average more than $100 a month in food stamp transactions per customer can receive devices from their state governments that accept the debit cards free of charge," says the NYT.

The NYT also says that the government reimburses retailers 100% for food stamp purchases. And what about the argument that people who use food stamps wouldn't want to shop at Costco?

While some food stamps recipients are destitute and could not come up with the $50, many surely would pay the fee if they knew that it would save them far more money over time, said Joel Berg, executive director of the New York City Coalition Against Hunger.

Mr. Gioia added, “Not only does it amount to 14 cents a day, but you’ll find that people who are on a fixed income and trying to feed their children become amazingly sophisticated at making smart economic choices.”

Mr. Berg noted that the Agriculture Department recently did a survey that found that food stamps recipients spent an average of $6 to travel for their food shopping, which probably means that many poor people are savvy enough to pay for car services and taxis to travel longer distances to buy food at discount stores that do accept food stamps.

“I am sure that many food stamp recipients would scrimp and save and borrow and do what it takes to get into a discount program — particularly since there are about 30,000 public housing residents near the Astoria Costco,” Mr. Berg argued.

Why Doesn’t Costco Accept Food Stamps? [NYT] (Thanks, Joanne!)
(Photo: greenwenvy08 )

Main Street Meltdown - New Ice Sculpture - Oct. 29, 2008 [voices4demoracy]

First on the cut list is a $10 million severance package for its former CFO. AIG has also announced that it will work with Cuomo's office to help "recover tens of millions of dollars in improper expenditures, including compensation given to two former top executives" (which we discussed in this post yesterday).

Under the terms of the agreement, A.I.G. will provide the attorney general’s office with an accounting of all compensation paid to its senior executives. A.I.G. also agreed agreed to cancel all junkets and benefits that are not justified by legitimate business needs. AIG will immediately cancel more than 160 conferences and events, some exceeding more than $750,000 per event, for a total savings of more than $8 million.

On Thursday, the company also agreed to establish tighter management controls on future expenses to prevent any future unwarranted spending on salaries, bonuses, stock options, severance payments, gratuities, benefits, junkets and perks.

AIG also hinted to ABC News that they'll let their contract for a luxury suite at Madison Square Gardens expire in February, although we suspect they'll wait to see whether the public scrutiny has passed by then.

"A.I.G. to Help Cuomo Recover Millions in Executive Pay" [DealBook at New York Times]
(Photo: Gene Hunt)

For the deaf, those without speakers, people at work, or people too impatient for video, here's a handy caption of what it says:

We also wanted to show you a rather grim sign of our times. It's not far here from here in midtown Manhattan. The national debt has grown too large for the national debt clock.

It went up back in 1989 when the nation's debt was less than 3 trillion dollars. The debt has been piling up so fast lately they had to drop the dollar sign to make room for an extra digit, as the number turned over to more than 10 trillion dollars now and counting every second.

A whole new clock with two extra spaces will go up next year.

"U.S. National Debt Grows Too Large For Clock" [YouTube via Towleroad]

The NY AG says:

Bryan Boone, 47, of Kenmore Avenue in Kenmore, was arraigned before Justice Thomas S. Kolbert in Cheektowaga Town Court for Grand Larceny in the 2nd degree (class C felony). He is being held at the Erie County Holding Center, with bail set at $150,000 cash or $200,000 bond. If convicted, he faces up to 15 years in prison.

“It is particularly troubling when dishonest home improvement contractors use fear and intimidation to steal from the elderly,” said Attorney General Cuomo. “We will continue to work with local law enforcement to catch contractors who prey on vulnerable senior citizens.”

According to court papers, in October of 2007, Boone, doing business as Urban Residential Maintenance, contacted the victim by phone offering to make inexpensive repairs to her Cheektowaga home. She accepted and over the next seven months Boone made repeated requests for payments and was given a total of 70 checks for $82,158. The homeowner told investigators “When I would complain about how the work was progressing, he would sometimes get very angry and assure me the work was first-rate. As I felt intimidated, I always relented. Similarly, if I questioned a demand for payment, he would sometimes become angry and I would relent.”

The police were alerted to the situation when the contractor tried to cash a check at a local bank, but the teller refused. The contractor then brought his client to the bank and waited outside. The bank manager called the police.

The AG's office says that the work done on the woman's home was shoddy and incomplete and caused damage to her property. They also estimate that the labor and materials used were worth no more than $13,000. The contractor also did not obtain permits or provide a contract to the consumer.

So, how can you avoid situations like this? Well, if you live in New York, you can research any contractors that you're thinking of hiring at the Attorney General's website. They have a special site just for contractors called www.nyknowyourcontractor.com.

The Website allows users to view substantiated complaints that have been filed with the Attorney General’s Office and read legal judgments against contractors. Consumers can search contractors by name, business name, region, or county. It also has links to state and local consumer agencies, information on how to file a complaint with the Attorney General’s office against a home improvement contractor, and what you should do before hiring someone to work on your home.

Even if you don't live in NY, and let's face it, most of you do not, you can check out these tips on hiring a contractor. Laws vary from state to state and county to county but it's still good advice.

Questions about contractors your own state? Check with your Attorney General's office.

New consumer-protection site targets shady contractors [Consumer Reports]
Attorney General Cuomo Announces Arrest Of Home Improvement Contractor For Scamming Western New York Senior Out Of More Than $80,000 [NY AG]
Know Your Contractor [NY AG]
(Photo: DCvision2006 )

By default, the tickets are sold for the best available seats, usually the second half of the orchestra, but you can switch to any section except for the center or front of the first tier. We highly recommend the stunning view from the front of the second tier.

A MyPhil subscription of three or more concerts also gets you a free year of Time Out New York, which by itself is worth far more than its $19.97 annual sticker price would suggest. Only one caveat: the philharmonic is a vicious fundraiser, and if you give them your phone number, they will call. Sometimes while you're enjoying a concert.

Still, for music lovers 35 and under, MyPhil presents an unrivaled opportunity to enjoy a world-class symphony orchestra at dumpster-diving prices.

MyPhil - Subscription Series [The New York Philharmonic]

KXAN's website has a lobbying section that compares TWC broadcasting their network for free to someone bottling water from a drinking fountain and selling it.

KXAN says:

Here is a basic analogy: If you were to get a drink of water at a public drinking fountain, it is free, but once the water is placed in a package, it is no longer free. The same holds true for local television programming delivered through a subscription-based provider.
...
Time Warner Cable pays cable networks, such as ESPN, TNT, Disney, Lifetime, Nickelodeon, and the list goes on and on. Cable companies often say that local broadcasters have “unreasonable demands” and they are trying to “protect their subscribers from increasing their rates”. If that were true, why are they paying cable networks that have far less viewership than KXAN-TV?

We do not believe that a penny a per day per subscriber is an unreasonable demand for our award-winning news, sports and entertainment programming. It is actually much less than what cable companies compensate many of its cable networks, most of which do not have the high viewing of your local NBC station.

The station also says that they've reached agreements with every other provider — including DISH network, DirecTV, and AT&T.

Time Warner Cable, on the other hand, claims that KXAN is damaging its reputation as a news outlet by "conveying one sided, misleading information to the public." And has set up its own "Anti-KXAN" website.

Time Warner Says:

KXAN is demanding money from our customers to pay for a signal that has been and is free. That's right. They get it free from the Federal Government, but they want you to pay. We don't want that to happen just so KXAN can add to their revenue base.

KXAN is trying to subsidize their business by charging cable customers money. By doing so, they not only add to their revenue base, but take advantage of their viewers by charging for a signal that is FREE.

This may sound familiar to some of you, as the same struggle is going on all over the country, where other stations owned by KXAN's parent company, LIN TV, will also be dropped from TWC on October 2nd if a deal isn't reached.

There are 15 LIN TV-owned stations carried by Time Warner: Austin, Texas; Buffalo, N.Y.; Columbus, Ohio; Dayton, Ohio; Fort Wayne, Ind.; Green Bay, Wis.; Indianapolis; Mobile, Ala.; Springfield, Mass.; Terre Haute, Ind. and Toledo, Ohio.

So what's a consumer to do? Well, you can wait it out and hope that the stations reach a deal with TWC, buy a good antenna, or you can make plans to switch. LIN-TV is encouraging TWC's customers to switch to DISH Network — and also told Multichannel News that customers in the Buffalo area and the Fort Wayne market can switch to FiOS.

If you're in Austin, Buffalo, Columbus, Dayton, Fort Wayne, Green Bay, Indianapolis, Mobile, Terre Haute and Toledo markets you can receive a $50 incentive to switch to DISH.

Retrans Standoff Could Keep LIN TV Stations Off TWC Systems [Multichannel News] (Thanks, Clint!)

Bill, who sent us the tip, writes,

Note that to replace this service, a person would have to buy at least a $7.99 per month service from a Usenet provider. But Comcast is not going to lower the price of their Internet service to compensate customers for the loss of Usenet access.

(Photo: Getty)

Rob writes (to Verizon):

Mr. Seidenberg,

I've been a loyal Verizon FiOS internet customer for more than a year, but am considering canceling my account [redacted] because of ridiculous and unacceptable billing practices.

Before I start, I'd like to point out that I don't get a bill for my account - neither paper nor electronic. The money is simply deducted from my bank account each month. During the six to eight phone calls I have made to Verizon over the last several months, I always request some kind of bill, and every time I am told I will receive a bill. I have never gotten one official piece of paperwork from Verizon about FiOS.

My current problem started in July, when I moved to a new apartment. I was told my FiOS account would be transferred to the new apartment with zero fees. I was very specific in asking about this and was assured there would be no fees. After my account was transferred, I was billed $158.32 as a cancellation fee. I was told that my account was cancelled and then re-activated. I called and was told that the account would be credited, and I wouldn't pay anything until that fee was paid off.

The next month, I was charged $21.33. I called again, and was given a complicated explanation about credits to my account. I was assured the problem would be resolved, and foolishly I believed that.

The next month, I was charged $58.00. Confused as to exactly what constitutes an account credit, I called again (this morning, in fact). Once again, I was told about various amounts being deducted from my bill, and what was being taken out up front. I once again requested a paper bill so I could review these issues. I also learned something incredibly shocking: My monthly rate had been increased.

When I got FiOS, my monthly rate was $39.99. It's suddenly $47.99, a charge I was neither notified of, nor accepted.

I asked the customer service representative to tell me why this had been raised without my consent. She responded by transferring to me a completely different department. That department sent me back to a new rep in billing, and after giving all of my information again, was given the following explanation: The increase should have been noted on my bill, even though people who only have a data plan with Verizon don't get a paper bill.

I wasn't getting electronic bills, either, because the Verizon system listed various incarnations of my e-mail address.

For July, August and September, I have been charged $237.65 for my Verizon FiOS internet. At the rate I should be paying, $39.99 a month, I would only have to pay $119.97, which means in the last three months I've been overcharged $117.68.

This is completely and totally unacceptable. I've copied The Consumerist, a consumer advocacy Web site, on this issue, so that your customers can be encouraged to double-check their bills and ensure they aren't being overcharged, as I have been.

I've also sent this e-mail to other members of the Verizon team, in the hopes of expediting this matter. I'm considering a complaint with the Better Business Bureau and the New York State Attorney General for what essentially constitutes deceptive and misleading billing practices. I doubt that raising my rate with no notification, despite repeated attempts for notification, is going to bear out as appropriate.

Every time I call Verizon for help, I have to deal with an automated system that bounces between several departments before I get explanations that would spin the head of an economics expert. Your customer service representatives are, for the most part, accommodating and polite, and this is not an indictment of them. The situation, as you can imagine, is incredibly frustrating.

When I relayed this to the customer service representative this morning, the response was that I should simply accept the increase and the overall situation. That is not good enough. I would appreciate a refund of $117.68 - the money that I was overcharged - as well as a monthly paper bill so I can review my charges.

I would also like to pay the monthly rate of $39.99, the one I agreed to when I signed up. I will be more than happy to entertain an increase in my monthly rate at some point in the future, on the condition that I am notified of said change.

Regards,

Rob

We think you should go ahead with your plan to report them to the NY AG and the BBB. Why not?

(Photo: Ben Popken )

"I ran out of the house with my baby in my arms," said Joshua's mom, Evelyn Rodriguez, 27, of Woodside. "I had to make it to the hospital."

Audain, a Time Warner Cable repairman, was on the sidewalk heading to his company van Aug. 28 when he heard Rodriguez screaming for help.

"My brain wasn't registering what was happening at the time," Audain, 27, said Saturday. "There was a child involved. I had no time to think."

[Daily News](Thanks, Michael!)

According to the lawsuit, filed last week, the body of 57-year-old Teresa Olaya was so badly decomposed when it finally arrived in Guayaquil, Ecuador, that her grieving husband, Miguel, had to forgo a traditional open-casket funeral.

"During those days, a thousand things went through my mind," Olaya, 60, told The Post. "Where is she? Is she dumped somewhere like an animal? And I had no answers for my daughter. She would ask me, 'Where is my mami?' "

It gets even more grim. After being given the runaround by AA for several days, the casket finally arrived at it's destination. Miguel was relieved... until he opened the casket...

"When I opened the casket, it was a terrible shock," said Olaya. "I still can't get it out of my mind"

"They treated the body like a piece of baggage," said lawyer Christopher Robles, who said his client was seeking an unspecified seven-figure sum. "They didn't keep it refrigerated."

AA said it couldn't comment because of the pending lawsuit.

AIRLINE 'LOSES' CORPSE [NYP] (Thanks, Trish!)
(Photo: Charliux )

Anthony writes:

My name is Anthony [redacted], and I was just robbed at knifepoint in Queens, NY, for my iPhone. I was walking home fairly late at night and a man walked up to me wielding a 10-inch or so blade and demanded my money and my iPhone.

I am writing you because after reporting the robbery to the police, I called AT&T – my service provider for 3 years – and asked if they could possibly work with the NYPD to track down my phone via the iPhone 3G's GPS. They said it was not possible to track any closer than the closest cell tower if the iPhone's functions were used, which kind of defeats the purpose of GPS in many ways. Given the Patriot Act and everything, I figured they can track down where we're taking a piss at this point.

But the big problem came when we started talking about replacing my iPhone 3G. Now I was an early adopter of the original 8GB iPhone and I just purchased the iPhone 3G in July. So when I asked if there would be a free replacement or a discount of sorts, the woman at customer service responded that since I just purchased the iPhone 3G that I would have not qualify for the discounted $199 iPhone 3G and I would have to purchase the phone at the higher price point of $399.

So after being such a long time AT&T customer and supporter of Apple's marquee product of the moment, I have been told that despite the fact that I was robbed by someone brandishing what was essentially a mini-machete I am now being robbed by AT&T.

I feel insulted as a customer, and appalled by the customer service at AT&T. This is beyond poor customer service; this is a lack of basic human compassion.

It's a shame that you're stuck in a 2-year contract because of a phone that you now no longer have. Ugh! AT&T is probably a dead end, but if you bought the phone with a credit card, you might want to call your credit card company. Many credit cards have 90-day "purchase assurance" or "purchase protection" programs that protect your recent purchases from loss, damage or theft.

Most people don't think to call their credit card company when something like this happens, which is a shame because they can be very helpful, and certainly more pleasant to deal with than your cellphone company. Don't delay, however, once the 90-days is over, so is the coverage.

(Photo: jetsetpress )

PSC staff said FiOS "may form an electrically conductive path" and could create an electrical hazard. PSC spokesman James Dean called the public safety risk "minimal - however, there is a potential risk."

Under a plan submitted to the PSC last month, Verizon would review all of its fiber-optic installations to ensure connections are properly grounded and correct violations.

The company also said it would issue credits of up to $20 to customers for installations after Aug. 18 unless it meets standards at least 95 percent of the time. The credits would "compensate such customers for the inconvenience of the inspection (and, where applicable, remediation) process," according to documents filed with the PSC.

Verizon added that they take the Public Service Commission's concerns "very seriously."

Verizon offers plan to inspect FiOS wiring [Albany Times Union]
Violations cited in LI FiOS installations [Newsday]
(Photo: Getty)

The AG also said that the stations were engaging in false advertising by only listing the lower cash prices on signs, leading to nasty surprises for consumers once they parked at the pump.

“With drivers hitting the road this weekend and gas prices through the roof, the last thing New York City drivers need are gas stations hitting them with exorbitant prices for paying with a credit card,” said Attorney General Cuomo. “Drivers across New York City need to be on the guard for gas stations that engage in deceptive practices to squeeze every last dollar out of their customers. Our investigation revealed that New York City is rife with gas stations that engage in deceptive practices where they display one price as a way to lure customers - and then charge them more at the pump."

Consumers who see gas stations prominently advertising the cash-only price on primary signage and then indicating at the pump that credit card customers will be charged more are urged to contact the Attorney General’s Consumer Helpline at 1-800-996-4630.

For more information about how credit card surcharges work, click here. Remember, your state laws will vary.

ATTORNEY GENERAL CUOMO ISSUES CONSUMER ALERT FOR NYC DRIVERS AFTER INVESTIGATION REVEALS NEARLY 25% OF NYC AREA GAS STATIONS INSPECTED ENGAGED IN DECEPTIVE PRACTICES [NY AG]
(Photo: whatatravisty )

Newegg's official statement:

Earlier this year, New York State passed a law which potentially forces non-New York State internet retailers to collect and remit New York State sales tax if the retailer’s marketing affiliates engage in certain marketing activities targeted at New York residents.

In response to this law, on June 1, 2008 Newegg.com (“Newegg”) began collecting sales tax on its sales to New York State residents.

Since then, New York State tax authorities have issued additional guidance as to the circumstances in which internet retailers would be required to collect sales tax. Based on this guidance, Newegg has restructured its affiliate marketing program in an effort to ensure that Newegg is not presumed under New York State law to have to collect sales tax.

What this means to our New York State customers is that, effective 12:00 a.m. Eastern Time on August 21, 2008, Newegg will no longer charge sales tax on its sales to you. However, please be aware that you may still have an obligation to pay New York use tax on your purchases. (Use taxes are not charged or collected by Newegg but are paid directly by purchasers to the appropriate taxing authority.) Newegg cannot offer you any tax advice, so if you have any questions about whether you have to pay use tax, please consult an appropriate tax professional.

Disclaimer: Nothing in this email shall be deemed an admission that Newegg has ever been legally required to collect and remit New York State sales tax on its sales to residents of that state. Newegg continues to challenge the validity of section 1101(b) (8) (vi) of the New York State Tax Law.

Newegg stop collecting sales tax: Additional Details [Schiffner]

PREVIOUSLY: Hooray! Newegg Stops Collecting New York Sales Tax
(Photo: Matt & The Camera)

Dear Valued Newegg Customer,
As a result of recent changes in New York State tax law requiring certain out-of-state retailers to collect and remit sales taxes to the State of New York, we began collecting applicable sales tax for all orders shipped to New York addresses starting June 1, 2008.

After careful review and consideration, we are pleased to inform you that we have stopped collecting New York sales tax, effective August 21, 2008. This decision was driven by your direct and candid feedback and our continued commitment to you as our valued customers.

We appreciate your patience as we worked through this process, and would like to reiterate our commitment in offering our customers the broadest product selection, competitive pricing, fastest shipping, and award-winning customer service.

We look forward to continuing to provide you with the premier online shopping experience for all of your IT and consumer electronics needs.

Sincerely,

Bernard Luthi
Newegg.com
Company Spokesperson and
Vice President of Merchandising

Disclaimer: While Newegg no longer charges sales tax to its New York customers effective August 21, 2008, you may still have an obligation to pay New York State use tax on your purchases. Newegg cannot offer you any tax advice, so please refer to applicable law if you have any questions about use tax. Nothing in this email shall be deemed to approve the validity of any New York State law, including but not limited to section 1101(b)(8)(vi) of the New York State Tax Law, which purports to require Newegg to collect and remit New York State sales tax on its sales to residents of that state.

Chris, who purchased his tickets weeks in advance, tried calling Megabus' 800 number:

I called the 877 toll free Megabus number listed with 800 information. Calling that number - the one listed on the Megabus site - I got a recorded message stating that "information pertaining to this number has changed." If I wanted the number, "say yes." I said yes, and it sent me a text (for which I get charged 15 cents by my carrier). This is the text message verbatim, from 23333:

"Reply Y now to get info on the # you are trying to reach. Locator Svc $9.99/month + std msg fees for 20 lookups/month.
Support/Terms?
www.smsvw.com"

Megabus is a shell company that contracts service to subsidiaries. Chris noticed that the bus driver was wearing a 76 Carriage Company shirt, so he tried calling them next.

The dispatcher apologized for the driver's claim that he didn't know how I could call anyone. He offered to send a 76 shuttle that they usually use for hotel guests to get us to 6th & Market, and promised to call the driver's cell phone to hold the bus until we could get there. He repeated, however, that we still weren't getting on the bus if there weren't two empty seats after they filled up at 6th. This is the best deal I could swing after having a several-minute argument with 76 about what the word "reservation" means.

This, of course, also meant that a whole bus of people had to sit at 6th & Market for no reason. The bus driver, we learned from our friends on the bus, led people to believe that we were the hold-up!

We figured that if nothing else, we could get taken back home or closer to home on 76's dime if this didn't pan out. The shuttle driver was polite and professional.

As it turns out, there were about five empty seats. We rode that bus to NY, leaving about 20 minutes late. Had the bus been full or just had one seat open, our day - a day that a few people took off from work to enjoy, having booked the trip a month earlier - would have been shot. We also had to jaw at a few fellow passengers who were led to believe that we were somehow making them late.

We don't expect much from Chinatown bus companies or their competitors aside from a seat, but apparently even that is too much to ask for sometimes.

Megabus megasucks; just take NJ Transit or Chinatown buses [QuizMasterChris' Trivia Pub Quiz Blog & Infoporium]
(Photo: Wikipedia)

The additional biopsy was recommended by the doctor because of Marc's girlfriend's family history of breast cancer.

Some helpful information for Marc: an insider once walked us through how to appeal an insurance company's denial of care. Consumer Reports has a good appeal guide too.

Our health insurance system truly is sick.

Under Michael Gianaris' proposition, ESCOS would have to:

• Identify variable charges in contracts
• Not change a contract's length without consent
• Provide a clear and simple statement of subscriber rights
• Limit cancellation fees to under $100

He was going to put in a part about making it illegal to pretend like you're from the customer's regular energy company, but luckily that's already illegal.

Lawmaker Proposes Bill To Protect Against Utility Scams [NY1]

(Photo: freakapotimus)

Their party is raging just as the hangover has started to set in for Americans. Frictions do arise — especially in a summer of looming recession, where many locals do not feel rich enough or secure enough to travel abroad themselves. (And let’s not even get into their weeks of summer vacation).

The Times goes on to tell the pitiful stories of average Americans jealous of newly-wealthy Europeans: Steven, a 45-year-old investment manager who worries native New Yorkers are becoming an "endangered species" (quick, call the EPA!); Randi, a 30-year-old Upper West Side ad gal who can't afford Prada bags; and Polly, a magazine editor turned blogger who hates the chic-bistro "turf war" that pits us against our cultural brethren.

Get this: Polly went to Bergman to buy her fiance shoes to match his wedding tux, and she had to wait for FIVE MINUTES behind Europeans who were wearing sneakers and bike shorts. The horror!

These aren't the landed aristocratic Europeans whose visits we can deign to accept. Ugh, no, these are those disgustingly common commoners who shouldn't be able to afford our enviable lifestyle.

These are “people with more modest incomes, who wouldn’t just walk up and say, ‘Hey, let me get a table’ if they’re back home in London, where it’s too expensive to go to Boujis,” Mr. Thomas said, referring to a popular club in that city’s Kensington district. “But in New York, they can get away with it.”

So this is what the British felt like for the past sixty years. Please Ben Bernanke, put our financial house in order so we can reclaim the mantle of shameless consumerism for ourselves.

They’ll Take Manhattan, in Cash [The New York Times]
(Photo: Getty)

Today my mother received a series of calls from someone claiming to be calling from Con Ed. After asking for someone who doesn't exist (at least not in our family) they informed her that our apartment building was participating in a new Con Ed program to replace all old light bulbs with new energy saving light bulbs free of charge. It sounded way too good to be true so she told them she wasn't sure about her availability and hung up. After checking the lobby, the internet and asking the doorman if he'd heard anything about this "program" she returned home to find two messages from the "Con Ed" employees telling her that they could completely work with her schedule and that they would call back later.

It all sounds very odd to me.

Well, Fiona, the program is real but that doesn't mean you shouldn't be wary of strangers who want to come to your house and give you free light bulbs. In the New York City area, there's a program that aims to reduce summer power outages by helping people save electricity. The program pays subcontractors to go to eligible buildings and install energy efficient light bulbs. Having said that, we did see a report on WCBS about a subcontractor stealing jewelry while he was supposed to be installing the light bulbs.

"They're terrific, they're really good," said George Burke as he described the new energy efficient light bulbs Con Edison offered for free, but Burke says he ended up paying for them with valuable jewelry.

Last month, two subcontractors came to Burke's house to install the energy efficient light bulbs. While Burke filled out paperwork with one of them, the other went around the house changing light bulbs.

After having the new bulbs installed, Burke noticed a ten-karat diamond ring and a one-karat ruby garnet worth about $20,000 were gone.

"This right here is the dish where they were in," pointed Burke. "So you can see how close the lamp was to the dish."

That's when he realized one of the subcontractors hired by Con Edison was the culprit.

A detective investigating the subcontractor recently contacted Burke.

According to the detective, Burke wasn't the only victim. Several complaints, all of them from Staten Island had come in, and all of the victims had recently gotten their light bulbs replaced with one of the new energy saving kind.

So we guess the moral of this story is that there may be such a thing as a free light bulb, but you'd better keep an eye on the guy who installs it.

Con Ed Subcontractor Allegedly Stole From Homes [WCBS]

From Macy's own press release yesterday afternoon:

An internal investigation conducted by Macy's, however, discovered that no Macy's goods were found in Jin Shun. But a factory named Zheng Da Inc. in Long Island City, which also was inspected by the Department of Labor and also cited for labor law violations, was making apparently counterfeit goods with labels from a Macy's private brand. These goods, which were neither ordered nor authorized by Macy's, were private brand prints from previous seasons and of inferior quality to those made to Macy's specifications. Macy's, Inc. is considering legal action against the owners of the Zheng Da factory for unauthorized manufacturing of counterfeit goods under a label owned by Macy's.

Moreover, independent third-party monitors retained by Macy's twice inspected the Jin Shun factory in 2007 as Macy's was evaluating potential suppliers for its private brand merchandise. In both instances, the Jin Shun facility was rejected and removed from consideration because of incomplete employment record-keeping. All Macy's vendors are required to conform to the company's stringent Vendor/Supplier Code of Conduct that sets out specific standards and requirements for any vendor doing business with Macy's.

As for the other companies involved in the story—the Gap, Banana Republic, Urban Apparel, and Victoria's Secret—we've seen no similar statements so far.

"Macy's Goods Were Not Produced in Long Island City Sweatshop" [Marketwatch]
(Photo: Eddie~S)

I bought a baseball glove at Modell's a couple of weeks ago (in Manhattan.) I was in a hurry and so didn't have a lot of time to shop around or wait for delivery. I found one I liked at paid $49.99 for it. On the back of the receipt, it says the following: "MO'S LOW PRICE GUARANTEE" WE WILL BEAT ANY AD... ANY DAY AND REFUND 25% OF THE DIFFERENCE See stores for details." A little while later, I noticed that Dick's Sporting Goods and the Sports Authority were both selling the glove for $29.99. So, I went back to the store with a copy of one of their ads and asked about the guarantee, hoping to get either the difference, 25% of the difference, or, most logically, 125% of the difference - that would be "beating" the price, right? The response I got was surprising, to say the least.

According to the clerk, they would only match their own prices. That is, if the price drops later, they'll match it... I think. This seemed wholly inconsistent with the idea of "beating any ad." After all, wouldn't their policy be more like, "We'll match our own subsequent lower price!" ??

My gut instinct told me that this couldn't be right, or perhaps it was just an NYC thing. After all, we get screwed on specials all the time. So, I called their corporate number to find out what the official policy was. I spoke with a very nice lady named "Melanie" who said that the clerk was in fact slightly misinformed. Here's the actual policy:

Modell's will beat a competitor's REGULAR price. However, since I was looking at a sale price, they couldn't match it.

I politely asked her how often competitor's advertise their regular prices - isn't the whole point of the advertisement, typically, to show what's on sale? She said that yes, in fact, that did seem odd, but that that was the policy. No price match for me - it was on sale.

Essentially, Modell's will guarantee that their products are being sold at MSRP. Hooray!

Ah, we get it now. See store for details means "see store for the details of our non-participatory caveats and disclaimers." If that's the way they're going to play, I definitely don't "Gotta Go To Mo's."

We can't really blame Arthur for misreading DirecTV's past scrapes with bribery and thievery as a license to steal. To his credit, he apparently managed to show for a 9 a.m. Sunday appointment. Maybe the judge will see that as a mitigating factor during sentencing? He'll need all the help he can get: if convicted, Arthur faces between two and a half and seven years in jail.

TV installer allegedly swipes over 5G from Staten Island customer [Staten Island Advance] (Thanks to Todd!)
(Photo: brianc)

Around 11:45am on Monday I was headed home to San Diego from JFK. As I arrived to the Jetblue terminal I noticed the lines inside were super long, so for the first time I decided it was worth a $3 fee to take advantage of the curbside check in.

Upon checking in, the attendant took my bag and brought it to the other check in station (if I were actually thinking and anymore paranoid I would have watched him weigh the bag). When he returned he told me my bag was overweight and there is a $50 fee for any baggage over 50lbs. Before I could even respond with "are you kidding me?" he told me he could he get it through if I "gave him a big tip". I quickly weighed my options and decided the tip option was clearly the way to go. As soon as I told him to go ahead with that option and handed him all the money I had ($15 tip + $3 fee) he took one look at the cash and asked "this is a big tip right?". He then counted it in front of me and was clearly unstoked with the amount, so I assured him it was all I had. He printed out my boarding pass and I headed to the gate.

As I sat on the flight I felt like A) I had been scammed, and B) it was my own fault. As soon as I got home I weighed the bag and sure enough, 46lbs. The following morning I called Jetblue to file a complaint, and also sent them an email. Their representatives were of course very apologetic and disgusted by the transaction, and promised to look into the situation.

I'd like to get my money back as much as the next guy, but I'm fine with leaving it here. My major issue is that in this day and age where the average traveler is being gouged for everything possible by the airlines, someone else has to take it one step further and take advantage of customers outside of the business bubble.

I wonder how often this happens at every airport? Do I blame the attendant, his employer, or myself?

Desperate times make for desperate measures.

We think everyone deserves a little blame here, but you shouldn't beat yourself up about it. JetBlue has certainly had its share of low-life scamming employees working at JFK. You only lost $15 and now you're sharing your story so that others can avoid this scam, and you reported the scammer to his employer. I'm sure that our readers, and JetBlue itself, appreciate your sleuthing!

And, just for those of you who are from out of town and flying through JFK, don't take anything anyone says at face value when you are in that airport. Stick to the straight and narrow, and if you know Obi Wan Kenobi, ask him if he'd mind picking you up.

(Photo: ellimac )

We just finished our food and wanted to get a drink. We noticed the sign at Haagen-Daz advertising a Large 22 oz. Soda or Juice special for a $1 tax included. We decided to go here instead of going to the other vendor we originally ordered our food. When I reached the front, I asked for a large root beer with no ice (since my teeth are sensitive to very cold drinks and I love lots of soda). When I gave the owner a dollar for payment, he said it cost more with no ice. A little taken aback, I said "Excuse me?" He retorted, "It's on the sign."

Of course, I didn't see it on the sign but because I didn't want to hold up the line, I agreed to the ice (the ice was packed all the way so there was little soda left). I told my boyfriend about it when I sat down and started to examine the sign. My boyfriend was the one who noticed the little scribble at the bottom of the sign. I had to go up close but sure enough, there it was.

Can someone tell me..is this legal?

We weren't sure if this type of thing was allowed or not, so we took a look at the NYC Department of Consumer Affairs guide to spotting false advertising. The guide helps teach consumers to spot deceptive advertising to they can report it to the city (PDF). Here's what they had to say about "fine print."

Watch out for FOOTNOTES AND ASTERISKS (“*”). The “fine print” in an advertisement sometimes changes an offer made in the large print. That’s deceptive.

With that in mind, this sign does seem to stretch the boundaries of what's allowed. If you'd like to report it to the city so the experts can evaluate it, send your pictures of the ad and a cover letter to this address:

Department of Consumer Affairs
Consumer Complaints
42 Broadway, 9th floor
New York NY 10004

FALSE ADVERTISING How to Spot It and What You Can Do About It (PDF) [NYC Department Of Consumer Affairs]

"Taking it seriously" is a phrase companies use over and over again in public statements whenever they have bad PR. Our series of posts on occurrences of the phrase is our attempt to question how seriously companies are really taking these matters if every time they trot out this phrase by rote.

(Photo: Morton Fox, Getty)

Last January I purchased two tickets from Kansas to Sri Lanka from a travel agent to go on a vacation in May to June. When I went to the airport with two paper tickets in hand I was informed that my tickets were canceled by the Travel Agent. This was due to the negligence of the travel agent. So I had to spend two nights in a hotel while they book me on another flight which was a much difficult route than the route that I was intended to fly.

So after getting back from my vacation I wrote them an e-mail asking for a partial refund of the tickets for all my expenses, trouble and lost two paid vacation days. This was about 2 weeks ago and after that I have given them 14 calls but they have been avoiding me. Telephone operator always tell me that currently the agents are unavailable and that they would get back to me.

This is a small travel agency based in NY, http://topholidaystravel.com, (not a big name like Orbitz or anything). They mainly cater to Sri Lankans who lives in USA and goes to Sri Lanka for vacation.

1. Is there anyway that I can persuade them to get a partial refund?
2. If that didn't work out I'm filing a complain with BBB in NY. Any advice?
3. Is there a Travel agent association or something like that which I can report to?
4. Since it's located in NY and I'm located in Kansas, I don't think that I could go to Small Claim Court. Any advice o this too.
5. I'm planning on creating a web page with the whole story (in my web site) and e-mail the link to all the Sri Lankans I know and ask them to forward it to their friends as well. Am I doing anything wrong here? Can they take any action against me for doing this?

Normally I would just advise doing a chargeback. Unfortunately, Dhanushka paid by check. So then, to answer his questions:

1. Find somehow to get past the customer service line and reach an actual decision maker and pitch them your case. Don't settle for a call-back. Demand to speak to a supervisor or manager immediately.

2. It's a pretty straightforward process and you just fill in a few fields online. The complaint, beyond the satisfaction of warning other people, will only be effective if the place cares about its BBB reputation. Since it's so small, I checked and it doesn't even look like they're BBB members. So this may be wasting your keystrokes.

3. Dunno, but I do know it would depend on whether they actually belong to one.

4. You can go to small claims, but you'll have to take a trip to New York and file there, and then either hang around until or come back when you get your court date.

5. 100% protection against libel or getting sued is the truth. As long as you tell the 100% truth, you are fine. Here is an article I wrote about fighting back against companies by making a complaint webpage. You do, however, take a chance that it will blow all your chances of getting money back from the company (without an outside agency forcing them to). You might be better off finding a way to leapfrog over the customer service people to the real people in charge (either by phone or by letter) and tell them that if you don't get your money back, then you will launch the webpage. A threat is much more effective if you tell them about it before deploying it.

Lastly, not to kick you while you're down, but I checked out the travel agency's webpage, and it was just a stock image and their contact information. To me, that screams sketchy. If a company doesn't represent themselves professionally, it's a pretty good sign that other parts of their business aren't going to be professional either.

Good luck!

(Photo: Getty)

[via CNET]

RELATED: Who would wait a week in line for an iPhone 3G? [Fortune]

One passenger describes the incident, "...and then they closed them behind glass doors, and they kind of threatened us that they weren't going to fly with the way people were acting. Some people got very agitated."

Another passenger says that a few people were using harsh language and acting like a mob. That's when two American Airlines crew members refused to work in a "hostile" environment. American was unable to find another crew.

"They gave us a hotel and all that, but the hotel we stayed at had barbed-wire all around it. Nice place. Nice hotel, but barbed-wire around it," another passenger told Fox 5.

The passengers may have been rude, but American certainly got the last laugh. When the passengers finally arrived at LaGuardia the following evening—they found out that their bags had been sent to JFK.

American Airlines Cancels Flight Due to Hostile Passengers [MYFoxNY]

Our friend, travel expert Christopher Elliott has opened our eyes this morning with the story of Wendy Watkins. She was scheduled to fly from Oakland to Southern California, but accidentally boarded an nearly identical-looking flight to New York. Her flight was scheduled to leave a 1:00 pm from Gate 9, the New York flight left at 1:00 pm from Gate 9a.

How could this happen? How could JetBlue scan Wendy's boarding pass and not notice that she was on the wrong flight?

From Elliott.org:

I went to what I thought was my gate, and waited for them to call my boarding class. When the line died down I walked up to the ticketing area, gave them my ticket, they ’scanned’ it, and gave me back my half.

I then got on the plane and off we went. About a half hour into the flight I looked down at the landscape and thought it looked a little odd. I took my ticket out and the lady next to me looked at it and said, “That’s not good, this flight it going to New York.”

I couldn’t believe it! How was I able to get on this flight? They took my ticket and supposedly scanned it but still let me on the flight.

I guess where I got confused was the fact that there was a gate 9 and 9a and they were both leaving at 1 p.m. I didn’t even think twice about it. Also, the ladies next to me said that it was weird how they never mentioned that we were taking off to New York, like they usually do. It was a string of unfortunate events.

JetBlue flew her back, but is unwilling to offer additional compensation because it was "human error." Wendy also says the supervisor she spoke to was condescending and rude. Hey JetBlue, can't you do a little bit better? Yes, she made a mistake, but in this case, human error was a two-way street.

“The worst travel experience I’ve ever had” [Elliott]

I have a question about UPS it seems might be up The Consumerist's alley:

Can they leave a package addressed to me with a third party, yet write my name in the Signature line as though I had received it?

This isn't high on my list of world problems to tackle, but on the other hand, my polite requests haven't yielded any results so far. To explain:

Like countless New Yorkers, I live in an apartment building. As must be the case for many who are at work during the day and don't have a door man, UPS sometimes leaves packages with the building's Super or, more often, at the florist's on the ground floor of the building. This has been going on for years and seems to work for everybody; easier for the driver, convenient for us residents.

Recently, however, a new wrinkle has appeared. The driver is leaving my packages at the florist's while I'm at work, but the tracking website each time indicates they've been mysteriously signed-for by me even though I wasn't there to receive them. When I call UPS, they tell me, "Yes, I see here your package was delivered and signed for by [MY NAME] at 1:15 PM today..."

"Wha? Huh? At 1:15 PM I was at work, and couldn't possibly have been there to sign for it..."

"Well, that's what our system shows, sir."

The first two times this occurred, it didn't really bother me since I received my packages same as always and it didn't seem worth complaining about. (I should say here that in the past, packages were always signed-for by the Super or somebody at the florist's.)

After the same thing happened a third time, I decided to ask a few questions. The CSR at UPS said he had no idea why this was the case and agreed my name shouldn't appear in the system when they leave a package with another party. He assured me he would forward a message to a local Supervisor, who would call me back. The Supervisor called within an hour and I explained the situation. She said she understood my concern and would "have a talk with the driver."

When I ran into the UPS driver on my block a week or so later, I asked him about the signature. He was friendly about it and told his Supervisor mentioned it to him, but said he hadn't entered my name on the signature line, but that it had something to do with "The System." He didn't elaborate. The System. I thanked him and dropped it, thinking it was over.

Until it happened again the 4th, 5th, and just today, 6th times. The same cycle repeats: I track the package online. It's delivered to the florist's but mysteriously appears signed-for by me. I call UPS and the CSR informs me the only option is to forward a message to the local Supervisor. When he or she calls me back, I explain I have absolutely no problem with UPS, the driver, or the delivery arrangement, except for the part where my name falsely appears on the signature line. Each time, a different Supervisor claims to understand and says they'll address the issue with the driver.

I'm just wondering what I might do here. I mean, is it even legal to sign someone else's name like this? Is this a candidate for the dreaded EECB?

Thank you,

sonic boom

All joking aside, we could see how this would be a little annoying— particularly if someone decides to start stealing your packages after you've "signed for them." Here area few email addresses for some UPS executives so you can launch your EECB.

Good luck to you.

(Photo: zyphbear )

Did you know that Spirit Airlines is now charging their customers for making a seat reservation — middle seats are $5, Aisle and Window seats are $10 and the "exit row seats" are $15. I was shocked with this change. I didn't make a seat reservation because I already paid the airfare for the ticket, which entitles me to a seat. I know the gas prices are very high, however, this was too little information, not written int he small print (I checked) and only identified when you selected your seat. I tried to call customer service, but was connected to someone in the Far East (they didn't identify the country they were calling from) and their English was so poor I could not understand the person I was trying to communicate with...When I mentioned I lived in Michigan, I was repeatedly asked, "Where, where do you live?"

Then, when, I asked for a "customer service" number in the US and the number I was given connected me to a "pornographic" phone service — I was more than startled!

Do you want this airline to survive?

Please listen to you customers and please answer your telephones with American residents who speak and understand English and know American geography — this is where you customer base lives and supports you...

I called back and got a number for a "customer service" desk at an airport. When I called that number and talked to a very helpful ticket desk Spirit Air Representative named Karen, she gave me a 1-800 number that had me on hold for 35 minutes with no one answering the phone. I finally hung up.

I have been a customer of Spirit Airlines since they starting flying out of Detroit several years ago. What has happened to Spirit Airlines? They off-shored their customer service lines to people who do not know the geography of the US and are not able to provide answers to questions that relate to the United States, the airports here and the service provided.

I had already paid for my (non-refundable) ticket to NY from Detroit, so I couldn't cancel it, but I sure thought about it. I couldn't get information about the seat selection fees until after I had paid for my ticket. This information needs to be provided up front! The baggage information is also troublesome. If you tap the wrong number of bags you wish to "prepay", there is no way to "delete" a bag if you choose not to take 2 bags on the plane.

From information I have gathered on the web, their customer service has deteriorated considerably in the past few months. They are very good at sending e-mails with enticing fares, but their website does not work correctly, it sent me back to the beginning several times, even when I was ready to select and pay for my ticket. The air fare deals does not even connect with their reservation page.

I hope at least the flight that I paid for is safe and will allow me to travel when I scheduled my flights.

- Barbara in Detroit

“We are looking for comfort food items that we can turn