Consumerist

Lawsuit: Monster Cable Thinks You Might Confuse Mini-Golf With Overpriced Cables [Trademark]

Meg Marco — Thu, 15 May 2008 14:38:11 EDT

Pricey cable-maker Monster is worried you might confuse a haunted house-themed mini-golf course with its popular products, so they're suing.

From News 10:

Monster Cable Products of Brisbane filed suit in Sacramento federal court this week against the owners of Monster Mini Golf in Rancho Cordova along with the Rhode Island woman who sells Monster Mini Golf franchises.

In its trademark infringement suit, Monster Cable claims the miniature golf courses "are likely to cause confusion."

Cindy Stoeckle, who with her husband Chris opened the Rancho Cordova location in March, was shocked when News10 told her about the lawsuit.

"What, are they not making money and they have to make some money off the little guys?" she asked.

The company's founder, Christina Vitagliano of Providence, Rhode Island, said she's been fighting with Monster Cable since she applied for her trademark in 2006. She said her attorney will defend the Stoeckles.

Monster Cable just loves to sue people! According to News 10 they sued Disney for Monsters, INC, the Boston Red Sox for "Monster Seats" on the big green monster, and is currently trying to keep them from calling the concession stand "Monster Concessions."

Rancho Cordova Mini Golf Course Hit with "Monster" Lawsuit [News 10]

Banana Republic: Sorry Our Credit Card Website Sucks, Try Not Using It [Honesty]

Meg Marco — Thu, 15 May 2008 13:59:45 EDT

Reader Maegan wrote Banana Republic to let them know that their credit card website was buggy and annoying to use. She got back a canned response that halfheartedly apologized for the state of their website and recommended that she use another service to pay her bill.

Maegan writes (to Banana Republic):

...I pay every bill I have online bi monthly. That means that 2x every month I get so frustrated with BR I want to shred my card and never shop in the store again. I have set and reset my login/email/pw etc, multiple times. I can realistically say that I have potentially reset all of this info every single time i have used the site to pay my bill! I write the login info down in my budget and never does it work again.

Then, I try to retrieve my "lost" info and it says my secret answers are wrong. The questions I picked and the answers, I have written down at least 20 times. My life is technology based and i am always plugged in. I find that there is absolutely NO easy of use with your site(in terms of "Managing your account") and it is driving a loyal customer away from your store. Please revamp the usability ASAP. or see a loyal shopper move to JCrew. Argh!

Here's the response she got:

Dear Ms. [Redacted]

Thank you for your e-mail. We apologize for the difficulty you have experienced with our site. With CheckFree's WebPay E-Bill Service, you can pay your Bananacard online. Please note that the online bill payment section of our web site links directly to www.checkfree.com. For questions regarding online bill payment, may we suggest contacting CheckFree's Customer Support directly at 1-888-212-9342, or by e-mail at ebillinfo@checkfree.com.

For questions regarding customer service or account information for your Bananacard, please call the Bananacard Customer Service Department at 1-877-969-0327, Monday through Saturday 8:00 A.M. to midnight, Sunday 10:00 A.M. to 10:00 P.M., Eastern Time.

If we may be of further assistance, please contact us via e-mail at custserv@bananarepublic.com or by calling 1-888-BR-STYLE. Our Customer Service Consultants are available 24 hours a day for your convenience.

Sincerely,

Dana
Customer Service Consultant

Maegan says she doesn't appreciate the canned response and doesn't like using CheckFree, and would rather use the website to pay. Time to get a J. Crew card?

Round 39: Sallie Mae vs eBay/Paypal [Worst Company In America]

Ben Popken — Thu, 15 May 2008 12:00:00 EDT

This is Round 39 in our Worst Company in America contest, Sallie Mae vs eBay/Paypal!

Here's what readers said in previous rounds about why they hate these two companies...

Sallie Mae:

"Sallie Mae has a program with my university where they let you divide your tuition for a semester up into monthly payments. But they charge you a $14 service charge for any payment made with a credit card! The only free way to pay is to have it automatically taken from a bank account... and we all know how reliable that is. Needless to say, I don't use this payment plan anymore."

"I recently had to change my home phone number due to harassment by SallieMae and the collection agencies they sold a debt to.

Someone has a similar name to mine (only the middle name is different), and they have been bugging me for 6 months. Once I finally got SallieMax to stop calling, they sold the debt to someone, and now THEY won't stop calling.

Problem is, the new collector does not show up on Caller ID (shows up as Name Unavailable 000-000-0000) and they refuse to tell me which company they work for. "

"they have ruined the lives of many of my friends. They use scummy debt collectors, and are more than willing to garnish paychecks that are already too small to live on."

"Was SallyMae also the one that paid bounties to schools that steered loans their way?"

I pay my student loans on time but I still have a horrible time dealing with Sallie Mae for consolidations and other regular issues.

They outsource their customer service overseas. Financial aid is a complicated business that doesn't need to be further complicated by adding cultural barriers. I have no problem with accents, but I have a problem when the person on the other end doesn't understand the concept of "half time grad student in thesis hours."

They also cheated me out of my grace period, refused to tell me why and instead, just threw some economic hardship deferment forms at me to get me to stop asking.

Also, their marketing is insane. I was receiving consolidation offers even after I called to find out I couldn't consolidate until after I graduated!

Now that I'm in repayment I get bombarded by emails about their special programs and services. It's difficult to sift through the crap to figure out what is important.

They don't have to worry about customer service because once they've got us we can't go anywhere else and the government subsidizes them. "

"Way back when I was going to grad school, I decided to take the minimum amount of credits (all credit requirements already met) while working on my dissertation. Sallie Mae (or one of its progenitors) promptly started requiring me to repay my student loan. I called and asked how I could get it postponed. Their rep told me I had to become at least a half-time student. So I added a few more credits (at several hundred dollars a credit). The notices for repayment continued to arrive. I called again and was told being a half-time student didn't entitle me to receive a postponement. I told them I had been told otherwise by one of their reps. They said tough, they couldn't be held responsible for misinformation by their reps. Ended up my paying some $500 (a nice chunk some 20 years ago for a grad student) more than I should have. A really great organization. We're not responsible for any information we might give you."

Sallie Mae is terrible. My wife has student loans through them and while she was still in school, she was constantly bombarded by credit card offers, "deals" on MP3 players and TV's, car ads and freaking LIFE INSURANCE offers.

Now that my wife is out of school, I have begun repaying the loans. The latest thing Sallie Mae emails us constantly about is this thing called UPromise. Basically it supposedly helps you save to pay off your loans by automatically putting aside the change on debit card purchases (so if you spend $2.48, it would put $0.52 in your UPromise account). For me, totally unnecessary, but it would seem on face that this is a genuine program. That is until you really check it out and see that it's just another way to expose you to more ads imploring you to blow your money on anything BUT student loans.

On top of that, Sallie Mae will not automatically withdraw monthly payments from my bank account in excess of their preset payment plans. Surprise, surprise, all of their plans are as close to the minimum payment as possible with no indication that this will end up costing you thousands of dollars during the lifetime of the loan.

I understand they are running a business not a charity, but I just think it's sick the way they prey upon college students and recent college graduates. I would never consider them for any loan of any type ever again."

"I dislike Sallie Mae for the simple fact that they send me TONS of junk mail, even after changing my accounting settings and submitting a request in writing."

eBay/Paypal:

"In the early days, eBay used to be a flea market shopper's paradise. I could find one-of-a-kind items sold by honest sellers cleaning out Grandma's attic. Quality homespun niche businesses sold unique items not found in regular retail stores. Items were priced fairly and shipping rates weren't outrageously inflated. Shopping on eBay was fun, additively so.

In recent years, eBay has become an overpriced junk warehouse. Thirty sellers will auction the same "one-of-a-kind" item at a starting bid of $.01, with a bargain basement shipping rate of $24.99.

If anything is left in Grandma's attic, the heirs are selling it at double its value.

Retail chains have an eBay store that only sell merchandise the foot traffic didn't want.

Unscrupulous sellers bait customers in with low prices only to kick them in their Paypal buttocks with sneaky fee-avoiding, high shipping rates.

Paying is no longer your pal. The consumer protection process is so convoluted that by the time eBay gets around to denying your claim, the seller has already begun defrauding other unsuspecting buyers under a new identity anyway.

I used to be an eBay addict. I simply had to browse everyday just in case I missed that special item I didn't know I wanted. Now, it might be four times a year I find myself on eBay...and rarely do I leave having place a bid or purchased something.

Nothing exciting, nothing unique, nothing cheap (unless you are referring to quality). "

"Ebay is Just EVIL, They grew and grew off of their community, bought paypal, and are now Raising their Rates to up to 10% of the value of your listing! INSANE! Their saying its to "improve their website".... you need BILLIONS to improve your website? I WILL NEVER SHOP EBAY AGAIN after their recent fee changes, They stabbed every customer they had in the back"

I got scammed for a car that arrived with $2000+ of damage off eBay. The auction stated just $400 of damage. Paypal told me I was wrong without asking for my side of the story, or any estimates for that sake. That's enough for me.

A list of the damages stated in the auction: Cracked windshield, broken control arm, minor ding.

Actual (that I told PP about): Cracked camber, rims were scraped/spray painted, rear bumper was painted dark blue (the car was black), Cigarette holes in the back seat, larges holes on drivers side carpet, passenger side rearview mirror was missing, four flat tires.

And they told me that they sided with the seller and not to contact them. When I did I was told that they get many scams on cars from fraudulent buyers.

Boy wish I had the Consumerist back then "

"ebay/paypal no contest. They sent me a letter telling me that they weren't going to credit my account for a fraudulent failure-to-refund (mail fraud was involved) charge.

The first paragraph of the letter said they weren't refunding me.

The second said that Paypal does not support or condone fraud.

Hypocritical idiots, and I'm already working on closing my account (but paypal claims I need to wait for 4 months to pass since the last transaction before being able to close my account. I think that's bullshit).

BTW, I did finally get my money back from my bank. Suck it, paypal. (and I just tried again to close the account and it failed again, and the CSR who claimed he'd close it for me by phone the other day was apparently a liar)"

"EBay is full of scams. In my opinion, one of the more insidious is the hijacked account scam.

Phishers send out millions of emails - "Your eBay account will be suspended"; "There is a problem with your eBay
item", etc. Emails have a "click here to respond" button that asks you to log in.

And that's it. The scammers have a legitimate username and matching password! The account has been hijacked!

Shortly thereafter, up to three dozen one-to-three day listings of very expensive, usually sold at list price electronic, athletic or similar equipment will appear as if for sale by the hijacked account holder. Listings always say: "Email me here (not the eBay contact address) for shipping or buy-it-now or other information".

Those who email are given a spectacular price . . . perhaps 1/3 of list including shipping. They are told that they will receive a payment invoice through eBay's Trust and Safety or similar department and that the transaction is perfectly safe because it is approved by eBay. The seller asks only for name and shipping address.

If the potential buyer asks about PayPal, he is told that the seller's account is temporarily full; or there is a problem; or there is a divorce; or some other reason why he needs to deal directly through eBay.

Shortly afterward, he receives an authentic looking "invoice" from eBay and perhaps a second eBay email stating that they have investigated the transaction and it is safe.

The invoice asks the buyer to send the money by Western Union to somewhere in Europe. Once sent, the money is lost. Gone. Of course, the buyer never receives the purchased item because it never existed.

Everything in this scam is forged: the phishing email; the eBay invoice; the eBay verification letter. Nothing appears in the buyer's eBay inbox because nothing is sent from eBay's own server.

If eBay receives complaints about a listing, it will eventually remove it —- perhaps in minutes, perhaps in hours. During that time, the scammer receives email for potential buyers, some of whom will end of sending money by Western Union because the deal is just too good to turn down. The scammers never expect these listings to stay valid for an extended period; just long enough to get some people interested.

A few days latter, the same scammers return with new hijacked accounts and the same listings. Even the "email me here" addresses are the same.

This is a HUGE business. We are talking about $1,000 - $2,000 or more per transaction. In cash.

I believe eBay is part of the problem. They have no organized system to screen for obviously hijacked listings; they frequently leave the listings up even after complaints. More important, it is just too easy to list a sale on eBay. There is no secondary "sale only" password or other verification. Finally, even though these scams leave a mile long electronic trail (including having to show up at a Western Union office somewhere to pick up the money), eBay seems to make minimum, if any attempt, to shut them down.

In my opinion, eBay needs to stop saying: "we are only a venue" and start protecting its customers."

"Paypal freezes your money for no good reason. They regularly screw both buyer and sellers. They claim to have protections but the requirements are so convoluted its nearly impossible to get coverage even if you're trying to follow the steps. They take a huge chunk of the sale price in fees for doing nearly none of the work or risk."

"It isn't a transaction "on eBay". It is a scam that uses hijacked eBay accounts to make offers to people who send them emails. They try to make the buyer think that it is a legitimate transactionthat is approved and escrowed by eBay. Of course, eBay doesn't send out invoices; doesn't approve transactions; doesn't collect or escrow money. But to get a $3,000 computer, audio or other product for only $1,000. Wow! Just send the money by Western Union! Ebay will hold that money until you receive your product!

I understand that there are lots of scams and scammers; and lots of people looking for a bargain. But with very little effort, eBay could shut this whole thing down by responding instantly to reports; by making it harder to list sales (extra password?); and by using the law to go after the scammers."

This is a post in our Worst Company In America 2008 series. The companies nominated for this honor were chosen by you, the readers. Keep track of all the goings on at consumerist.com/tag/worst-company-in-america

STILL OPEN FOR VOTING: TransUnion vs Diebold, Best Buy vs CompUSA, DeBeers vs Verizon, Exxon vs United Airlines, Sony vs Ticketmaster, Comcast vs The American Arbitration Association

Attention all you liver lovers, Chicago has ... [Band]

Meg Marco — Thu, 15 May 2008 11:42:32 EDT

Attention all you liver lovers, Chicago has reversed its foie gras ban. [Chicago Tribune] (Thanks, William!)

Personal Finance Roundup [Money]

Ben Popken — Thu, 15 May 2008 11:38:58 EDT

4 Credit-Card Protections Shoppers Should Know About [Smart Money] "Thanks to some little-known credit-card protections, shoppers don't have to get stuck with unwanted or broken merchandise."

Three Ways to Lower Your Auto Insurance Premium [The Wall Street Journal] "We looked at how insurers are calculating premiums these days and compiled a few tips."

6 gas-saving myths [CNN Money] "Sure you want to save gas, but there's a lot of bad advice on how to do it."

How to sell your hair for cash [Smart Spending] "High-quality hairpieces are still made from real human hair and there is a huge market for sourcing natural hair."

9 ways to build credit from scratch [MSN Money] "It's much easier to start with good habits than to repair black marks later on."

— FREE MONEY FINANCE
(Photo: BeautifulMachine)

Gateway: Free Shipping! With A $20 Handling Fee! [Stupid]

Meg Marco — Thu, 15 May 2008 11:33:51 EDT

Reader Holland asks:

Gateway is advertising "free shipping," but you have to pay a $20 "handling charge." At least they're upfront that the free shipping isn't really free, but how can they get away with calling it free when it still costs $20?

Well, Holland, we guess they were just hoping that their potential customers weren't too bright. Ya know?

Gateway

Dish Network Adds 22 Channels, Issues Bragging Press Release, Then Yanks 15 [Dishonest]

Meg Marco — Thu, 15 May 2008 11:30:58 EDT

Want to convince people you offer as much HD as DirecTV without, you know, having to actually do it? Add 22 HD channels, issue a press release bragging about it, then yank 15 of your older channels while the press isn't looking. That's what Dish Network did according to TVPredictions.com:

The satcaster issued a press release on Monday saying it would add 22 High-Definition channels this week. The announcement appeared to put Dish on par with high-def programming leader DIRECTV, which carries 95 national HD channels.

And if you weren't clear about that, Dish underscored the point in the release by including this quote from Eric Sahl, the company's senior vice president of programming:

"We are excited to extend our competitiveness in HD by enhancing our already comprehensive HD lineup with these 22 channels, bringing our total HD lineup to over 95 channels," Sahl said.

Problem is — at the very moment when the press release was issued — Dish Network was preparing to remove 15 Voom HD channels from its high-def lineup, starting Monday night.

And, by Tuesday night, all 15 Voom HD channels were gone, leaving Dish Network with around 80 national HD channels

Sneaky.

Dish Network Expands 'Chutzpah Capacity' [TVpredictions](Thanks, Jake!)
(Photo: scarequotes )

What's The First Thing That Pops Into Your Head When You Think Of Dell? Or Sprint? [Free Association]

Meg Marco — Thu, 15 May 2008 10:39:40 EDT

Companies spend a lot of money on marketing, but ultimately, a brand is what people think it is. Meet Brandtags.net — a site where you can tag brands with one word or phrase that best represents how you feel when you see their logo. It seems that Dell has its work cut out for it—some of the top tags people are using for that brand include:

Bad
Service
Crap
Boring
Annoying
Broken
Cheap
Dull
Hell
India
Junk
Lame
Old and
Shit

...and then of course Comcast:
Bad Service
Assholes
Bastards
Big
Boring
Broken Bullshit
Cable
Comcastic
Craptastic
Crap
Evil
Overpriced
Monopoly
Ripoff
Slow
Sucks
TV and
Ugh

What's the first thing that pops into your head when you think of Sprint?

BrandTags [via BuzzFeed ]

6 Gas Saving Myths... Debunked [Fuel]

Meg Marco — Thu, 15 May 2008 09:48:51 EDT

CNNMoney has compiled a list of gas saving myths and asked Consumer Reports and Edmunds.com to debunk them. Here's the list:

#1. Fill your tank in the morning

Consumer Reports says that the temperature variation in a single day isn't really significant enough to affect the gas, so you might as well stay in bed.

#2. Change your air filter

"Modern engines have computer sensors that automatically adjust the fuel-air mixture as an increasingly clogged air filter chokes off the engine's air supply."

#3. Use premium fuel

"When sensors detect regular instead of premium fuel, the system automatically adjusts spark plug timing. The result is a slight reduction in peak horsepower - really, you'll never notice - but no reduction in fuel economy."

#4 Pump up your tires

"According to on-the-road driving tests by both Consumer Reports and auto information site Edmunds.com, underinflated tires reduce fuel economy, so proper inflation is key.

But you should never over-inflate your tires."

#5 To AC or Not To AC
At most speeds and in most vehicles, A/C use drains slightly more fuel than driving with the windows down, contends David Champion, head of auto testing for Consumer Reports. "My final take on is that it's very close," says Phil Reed, consumer advice editor for Edmunds.com. "It's hard to measure the difference and every vehicle is different."

#6. Bolt-ons and pour-ins

"... if there really was an additive that made gas burn up more slowly, it wouldn't be sold over the Internet one bottle at a time."

There's more detailed info at CNNMoney, but as far we're concerned, the best way to increase your fuel economy is to slow down, stop running up on people's ass and then slamming on the brakes, and don't weave from lane to lane trying to find the fast one. They're all slow. Such is life. Relax.

6 gas saving myths [CNNMoney] (Thanks, Aaron!)

(Photo: meghannmarco )

Obnoxious Police Telemarketers Tease You About Your Bedtime [Complaints]

Jay Slatkin — Thu, 15 May 2008 09:29:04 EDT

Reader Chris, a donator to his local police department, is disturbed by the calls he has been receiving from the Richmond Police telemarketers. Besides being unusually aggressive and rude, one recent tactic involves placing phone calls late at night. One evening Chris tried to explain to this person that it was too late to take such calls to which the disgruntled telemarketer replied, "Ok little guy, you get to bed." Chris describes the strange phone calls, inside...

Hello,

I recently have been victimized by telemarketers identifying themselves as parties involved with the Richmond police department. On two separate occasions, the requests for donations far exceeded any norm that i have ever experienced. It's appalling to think that these are individuals representing police officers that I respect and support in every way I possibly can.

Phone call number one took place earlier in the week requesting donations for a program that hands out bears to children that have been victims to, or present at a crime. I explained to the caller that I was not in the position to donate the requested amount given my recent move to my new home; he said something to the effect of "some of these children don't even have homes". That's a sad fact agreeably, but that's by no means an appropriate "sales tactic". I actually forgot about it after a day or so until a call I received tonight. In hindsight, I wish I would have spoken with the individuals supervisor, but this is the next appropriate measure.

I answered a call at about 8:55 as i was walking in the door and received a call from an individual once again identifying themselves as a party working with the Richmond police department. This time, the individual was requesting donations for k-9's that go school to school to educate children on drug services; I informed the individual that the call was a little late and he proceeded to say " is it past your bed time? ", It's rather presumptuous of this individual to assume we are all on his sleep schedule. After explaining to the gentleman that it wasn't past my bedtime, its just a late hour to be calling me, he said "Ok little guy, you get to bed." I thanked him for his sarcasm and hung up the phone.

Can you please assist in identifying the parties that are handling these requests. They need to be given a manual, some training, or be held to some standards before they harass the general public. Remember, these people are using your good name - I may potentially never donate to the police department again due to this interaction.

Why are these individuals calling so late and or using these abrasive tactics?

Thank you for any assistance you can provide,
Chris [redacted]

We recommend first checking with the police department to confirm that these telemarketers are legit and not part of some phishing scam. If they are legit, they most likely work for a telemarketing company and operate on commission which might explain their rude tactics. If they were volunteering for the police department in this capacity it seems unlikely they would be behaving in this manner. The next logical step is to file complaint with the Richmond Police department whether this be a scam or legitimate telemarketing gone wild. Since Virgina uses the "1 party consent law" regarding the recording of phone calls, you could record some compelling evidence which could be used to expose these obnoxious callers. This type of evidence could be very powerful in trying to teach these jerks some manners since the police probably would not want to be associated with such unprofessionalism.

(Photo: Getty)

United Airlines Talking Merger With US Airways, Keeping Continental On The Side [Mergers And Acquisitions]

Meg Marco — Thu, 15 May 2008 09:27:14 EDT

United Airlines is a slut. The airline has been talking merger with US Airways, even going so far as to make it clear that US Airways CEO Doug "I'm OK To Drive" Parker can be the CEO of the combined company when United boss Glenn Tilton retires, says Reuters. Meanwhile, while the airline has been talking marriage, family and kids with Parker, it has been negotiating with Continental on the side — trying to form an "alliance" of some kind. Continental, of course, is already dating American AND British Airways!

From the AP:

Continental is also still in discussions about an alliance with AMR Corp.'s American Airlines and British Airways, said an official with knowledge of those talks. That person also was not authorized to discuss the matter and requested anonymity.

The official said it would not be unusual for Continental to be considering alternatives, but that the British Airways-Continental-American talks are progressing and don't appear in jeopardy.

Nasty, airlines. Nasty.

United's Tilton to give Parker a shot at top job-FT [Reuters]
AP source: United, Continental in alliance talks [AP]
(Photo: Zonaphoto )

Woman Wrongfully Targeted By RIAA Lawsuit Awarded $108,000 [Riaa]

Jay Slatkin — Thu, 15 May 2008 09:15:59 EDT

You may remember Tanya Andersen (pictured left) as the woman who was falsely accused of illegally sharing over 1,000 songs, thus becoming the target of an unsuccessful RIAA lawsuit. According to The Oregonian, a federal magistrate has awarded her nearly $108,000 in recompense for attorney's fees and other costs associated with her successfully fighting the lawsuit. Details, inside...

The article says,

The attorney fee award is separate from a national class action lawsuit Andersen filed against the recording industry last year.

Andersen's legal battle with the Recording Industry Association of America has gained national attention as a case of David vs. Goliath. Her suit accuses the industry of a waging a "campaign of threat and intimidation" against her and others who have never illegally downloaded music.

"While we respectfully disagree with the magistrate judge's decision to award extraneous fees — including on counterclaims that the defendant herself brought and dropped — it is important to note this decision is only a recommendation and falls significantly short of defendant's requests. We will likely file an objection in short order," said Cara Duckworth director of communications for the Recording Industry Association of America.

The recording industry has taken legal steps against thousands of people suspected of illegally downloading music since 2003.

The industry sued Andersen in 2005, but dropped the case last year after failing to turn up evidence that she illegally downloaded music.

Congratulations to Tanya. It's nice to see that one person can not only defend herself but turn the system against bloodthirsty, big-time corporate lawyers. Hopefully decisions like these will teach the RIAA to be more careful about who they put in their cross-hairs.

Beaverton woman wins $108,000 against recording industry [The Oregonian] (Thanks to Nick!)

Arby's Coupon Entitles You To Save 1 Cent [Coupons]

Jay Slatkin — Thu, 15 May 2008 08:57:59 EDT

Reader Brent wanted to pass along this valuable coupon that entitles you an Arby's Flatbread Melt Combo for $4.99. Brent thought he would get in on the action himself and headed down to Arby's, but then realized the normal price for the combo is $5.00, merely 1 penny more. He used the coupon anyway. Brent's letter, inside...

Let me start out by saying that I love your site. I try to limit the fast food that I eat and that I buy for my family, however I do eat at Arby's now and then. I also check the newspapers for coupons whenever I can. This evening my wife saw the Arby's Philly Flatbread Melt commercial and asked if would go get her one. I knew that I had clipped some random coupons this past weekend, so I grabbed my coupon folder and headed to Arby's. Upon arrival I pulled out my coupon folder and fished out the Arby's coupons that I had. I ordered a Philly Flatbread Melt Combo. I had to double-check the coupon after ordering. I took a picture of the coupon, and a picture of the menu board at the Arby's.

When I got to the window, I handed the young man the coupon I had and asked him why they would even bother printing these. He laughed, and said he wasn't sure....then asked if I wanted to use it. I laughed and said sure, and saved a penny. I guess they figure if someone thinks they are getting a deal, it's enough to get them to the store.

Thanks for the heads-up, Brent. Don't laugh, if you use this coupon 500 times you got yourself a free lunch, buddy. I would be remiss if I didn't mention this coupon is only valid until 5/31.

Morning Deals [Shopping]

Ben Popken — Thu, 15 May 2008 03:25:53 EDT

Dunkin Donuts: Free 16 oz. Iced Coffee at Dunkin Donuts today from 10-10PM
Tilly's: 50% off Crocs>
Shirt.woot: Grilled cheese tshirt for $10

Highlights From Dealhack

Dell Business: Save $40: Canon SD1100 IS Digital Camera $210 Shipped
Buy.com: iHome iH80 iPod Speaker System $37 Shipped
Tiger Direct: MotoROKR Stereo Bluetooth Headphones $50

Highlights From Bargainist

Geeks.com: Liquidation Sale: Up to 80% off
db clay wallets: 20% off entire site
McDonald's: Free Southern Style Chicken Biscuit w/drink purchase

Target Employee Says Whatever She Feels Like At The Time [Bad Customer Service]

Chris Walters — Wed, 14 May 2008 18:18:27 EDT

Abbey is annoyed with a woman who works at the new Target store in Washington, D.C., because the woman lied to her and wasted her time:

One of my roommates just got a Wii, so I decided to go to Target and get "Wario Ware: Smooth Moves." Before hitting the store, though, I gave their electronics department a call to see if they had the game in stock. A woman in electronics picked up the phone and when I asked her if she had the game, she quickly said, "Yeah, we've got that in stock." So I got up off my couch and walked over to the Target to buy my game.

When I got there, less than half an hour later, I checked the shelves - but no game. I went to the front desk to see if someone could help me find it. After a few minutes of being flirted with by his coworker (as a line steadily grew behind me), the guy at the electronics desk told me that in fact, no, they didn't have the game in stock.

Now, I'd be willing to believe that maybe in the twenty minutes it took me to get to the Target, someone snatched up the last copy of Smooth Moves. But then the guy at the desk (who was really helpful) said, point blank to me, "I don't know who answered your call, but they obviously just didn't feel like looking it up. Sorry about that." (Side note: my guess is that the flirty coworker was the woman who answered my call; she was the only other person working in that department, and she beat a hasty retreat when she heard what I was looking for.)

So, basically, Washington DC's shiny new Target is being staffed by people who would rather lie to potential customers than spend what turned out to be literally ten seconds to look something up on a computer. What a wasted trip.

—Abbey

PS - I sent essentially this same message through Target's contact form yesterday and got a standard "sorry, come again soon!" form letter.

You need to chill out, Abbey. It's quite possible that the woman who answered the phone was a psychic in training, and she made a good faith effort to "see" the inventory without averting her gaze from her coworker's butt while he ran the cash register. Or what if it's Target Opposite Day and the employees are forced to reverse their answers? Managers love coming up with weird team-building exercises like that.

At any rate, just pretend that your trip to Target was a bonus Smooth Moves game—Nintendo's pretty innovative, so maybe they've worked real life pointless tasks into the mini-game concept by now.

(Photo: Getty Images)

Citi Announces One Of Its 'Bold Steps': Stricter Rules On Student Loans [Student Loans]

Chris Walters — Wed, 14 May 2008 17:33:17 EDT

Two readers have forwarded us a second email sent out by Citibank today, but it's not another vaguely worded PR blast from the CEO. Instead, this one announces that Citibank is adopting the zero-tolerance approach to late payments favored by the credit card industry—miss a payment due date and you'll lose any interest rate discount(s) you currently enjoy.

Sean writes,

Just got this email from Citi's student loan business. Yes, I carry my loans with Citibank, but I consolidated when the interest rate was at rock bottom in spring of 2004. 3% baby!

Looks like if you post your payment one day late, Citibank will terminate any interest-rate deductions you have earned. I guess this is one of the "bold steps" Vikram is taking to shore up profits.

Anyone with loans with Citibank better make damn well sure they pay on time, otherwise it can cost them big time.

Dear Valued Student Loan Customer,

  We are writing to inform you about important changes to the terms of your loan.  To retain your borrower benefits with us, you must make and have your payments posted to your account no later than the scheduled due date. Any payment posted after the due date will result in the termination of such benefit. Interest rate reductions and other benefits do not apply during periods of deferment and/or forbearance and automatically terminate for payments returned for insufficient funds, loan delinquency, default, and/or the purchase of your loan by a guarantor.

Gosh, Citibank, we were kinda hoping your bold steps would be a bit more consumer friendly, you know?

(Thanks to Sean and Eric!)
(Photo: ElvertBarnes)

Ohio Senate Passes Strict Lending Legislation, Prepares To Punch Payday Lenders In The Face [Payday Loans]

Meg Marco — Wed, 14 May 2008 16:49:01 EDT

The ass-kicking, face-punching anti-payday lending legislation that we've been keeping an eye on in Ohio has passed the Senate. The Columbus Dispatch says:

House Bill 545 would slash the current interest rates charged by payday lenders to 28 percent, down from 391 percent, prohibit loans terms of less than 31 days, and limit borrowers to four loans per year. It would ban Internet payday lending, and it also attempts to encourage lenders to get into the small-loan business.
Payday lenders say the bill would quickly put their 1,600 Ohio stores out of business and 6,000 employees out of work. One industry lobbyist estimated that fewer than 150 stores would remain in Ohio, as some also offer other services, such as pawnshops or check cashing.

“This will, without a doubt, close the industry,” said Tiffany Verderosa, a Toledo-area manager for Fast Cash of America.

It seems that Ohio has finally had enough of the rapidly expanding payday lending industry: "“I think everybody said there is just no way to redeem this product. It’s fundamentally flawed, and it all too often traps people in a cycle of debt they can’t get out of,” Bill Faith, a leader of the Ohio Coalition for Responsible Lending, told the Dispatch. In the past 11 years, payday lending in Ohio has grown from a mere 106 stores to more than 1,600 today.

Senate approves tough payday-lending bill [Columbus Dispatch] (Thanks, Andrew!)
(Photo: eyetwist )

Nation's Largest Kosher Meat Packing Plant Raided On ID Theft Concerns [Food]

Chris Walters — Wed, 14 May 2008 16:41:54 EDT

You might have a harder time finding kosher meat in the coming weeks, because the country's largest kosher meat packing plant, Agriprocessors, was raided this past Monday. At least 300 of its nearly 1000 employees were arrested for using fraudulently obtained Social Security numbers, and immigration officials have said they expect the number to go as high as 700.

Agriprocessors is located in Postville, Iowa, which might seem like an odd place for the nation's largest kosher meat packing plant:

About 200 Hasidic Jews arrived in Postville in 1987, when butcher Aaron Rubashkin of Brooklyn's Crown Heights neighborhood reopened a defunct meatpacking plant with his two sons, Sholom and Heshy, just outside the city limits. Business boomed at the plant, reviving the depressed economy while pitting the newcomers against the predominantly Lutheran community.

"Iowa meatpacking plant raided in ID theft investigation" [USA Today]

"Microsoft Keeps Sending Us The French Version Of 'Mass Effect'" [Games]

Chris Walters — Wed, 14 May 2008 16:16:42 EDT

Someone in Microsoft's fulfillment department needs to make a note that "Version Français" means, like, "this game is in French" or something:

My boyfriend bought Mass Effect for his Xbox 360, but within a month it was clear there was something wrong with the disc (frequent disc read errors occurred). Microsoft readily agreed to replace it, but every replacement they have sent has been in French. I’m writing to you 5 months and 4 French discs later!

At the beginning of January my boyfriend returned his faulty English version. Over the next month and a half he made 4 calls to Microsoft, where the status of his replacement oscillated between “It’s in the mail” to “have you sent the original yet?” His replacement finally arrived late February. He popped it in the Xbox and was all ready to play, but all the text seemed to be in French. Confused, he grabbed the case and found a green oval on the front that said, “Version Française.”

He phoned Microsoft and explained that he needed an English disc to replace the English disc he returned. They assured him that wouldn’t be a problem. The second replacement arrived quickly, but was also in French.

He phoned Miscrosoft again. They apologized and assured him that a specific note was in his file saying all replacements should be in English and the 3rd replacement would definitely be in English.

In April a 3rd replacement arrives. The case is damaged… and it’s also in French.

He phoned Microsoft. Again. They phoned back 3 or 4 times to say they were so sorry and that his issue would be escalated. Then someone phoned saying she was the manager and was on top of the situation. On May 11 they phoned to say the English replacement was on its way and should arrive in 3-5 days. On May 12 a package from Microsoft arrived. Inside: Mass Effect, Version Française.

I’ve attached a photo of our 4 French versions of Mass Effect. Despite escalating the complaint and involving a manager, Microsoft still sent a French disc. At this point we’re wondering if we’ll see an English version by mid-June, the half year anniversary of when he last got to play Mass Effect. My boyfriend may be moving soon so it’s important they get an English version in the mail. Any suggestions?

P.s. Anyone want a French copy of Mass Effect?

Macy's Loses $59 Million In 3 Months, Angry Marshall Field's Customers Get The Blame [Retail]

Meg Marco — Wed, 14 May 2008 15:59:39 EDT

Macy's has managed to lose $59 million in the first quarter. CEO Terry J. Lundgren says that considering the crappy economy, losing $59 mil isn't all that bad:

"Given the very difficult economic environment, our company performed relatively well compared to the competition in the first quarter," said Terry J. Lundgren, chairman, president and chief executive.

The AP, however, couldn't resist hinting that pissed off former Marshall Field's customers were at least partly to blame for Macy's unpopularity:

Macy's has struggled with disappointing sales and resistance from shoppers in some markets where the Macy's name replaced local favorites after its 2005 buyout of May Co.

While Marshall Field's customers are certainly the most vocal (Chicagoans are pathologically resistant to change. See: "Wrigley Field"), Macy's has a nasty reputation for displacing other local favorites as well.

Macy's reports loss on weak sales, beats estimates [AP]
(Photo: Mr.Oliver )

Discover Card And The Tale Of The $502.55 Tank Of Gas [Errors]

Meg Marco — Wed, 14 May 2008 14:35:22 EDT

If a gas pump ever accidentally charges you $502.55 for 17 gallons of gas, you'd expect to be able to quickly and easily challenge that charge with your credit card. Unfortunately for James Maddux of Collinsville, OK, it wasn't that simple.

From KJRH:

It gives you a sinking feeling when the gas tank is on empty and filling up will cost more than fifty bucks. James Maddux was prepared for that when he pulled up to pump number six at Miller's Sinclair Station in Collinsville. He pumped $52.54 worth of gasoline into his tank. But he had to pay $502.55 for 17 and a half gallons of gasoline. He says "That's just the way it worked out and unfortunately I got zapped."

The receipt clearly shows the simple math mistake. 17 and a half gallons of gas at $2.999 a gallon came to a heart-stopping $502.55

Getting the charges reversed should have been as easy as faxing the receipt to Discover, but of course it wasn't. The charge kept getting reserved and then reassessed over and over again, until Mr. Maddux finally reported his issue to the president of the local BBB. The BBB president told the local media and Mr. Maddux finally got some answers after four months of arguing with Discover.

Beyond the proof in black and white we took a camera to pump number six at Miller's station. Brinkley begins to fill up, then, the pump automatically shuts off at 75-dollars. It's physically impossible to pump a drop, or a penny, more in without re-swiping the credit card. Brinkley says "So it's going to be really hard for anyone to justify a bill of $502."

Lowry [consumer reporter for KJRH] contacted both Sinclair Oil and Discover Card with the proof and Maddux says in less than a week "It happened pretty quick." He got a call from Mark Courtney, the owner of Miller's Sinclair station, asking him to come pick up a check, for $450.01

A Sinclair Oil spokesperson says the company was never told there was a dispute over the amount charged to Maddux's card, only whether his card was used at pump number six. That's what they confirmed to Discover.

Consumers should keep in mind that if they are ever overcharged or notice any irregularities at a gas station they can contact their state's Department of Weights and Measures. You'd be surprised at the consumer heroics that may ensue. Tell 'em The Consumerist sent you.

the $500 Fill Up [KJRH]
(Photo: beebo wallace )

There Are Bed Bugs On The Subway Benches. Yes, Really. [Public Health]

Meg Marco — Wed, 14 May 2008 14:03:22 EDT

Bedbugs are usually thought of as something that only hotel guests have to worry about, but apparently New Yorkers who like to sit on benches while they wait for the subway should be concerned about the bloodsuckers as well.

The NYPost says:

At a recent Department of Housing, Preservation and Development forum on the subject, a city bedbug educator admitted to seeing the pests on benches in subway stations - in one case, catching a ride on an unsuspecting straphanger's caboose at Brooklyn's Hoyt-Schermerhorn station, according to people at the meeting.

The official, identified as Edward Brownbear, also reported seeing the bugs on wooden benches at the Union Square and Fordham Road stations in Manhattan and The Bronx, respectively.

Well, ew. Kind of makes you appreciate those frigid outdoor comparatively-pestilence-free Chicago L platforms. Sorta.

SUBWAYS' BLOOD-BUG INVASION [NYP]

GSK Sued For Fraudulently Delaying Generic Version Of Wellbutrin [Class Action]

Ben Popken — Wed, 14 May 2008 13:53:30 EDT

A class action lawsuit has been filed accusing GlaxoSmithKline of lying to the Patent office and dickering with fake patent litigation against generic drug makers to fraudulently stymie generic versions of Wellbutrin from hitting the market. The lawsuit applies to people who directly bought Wellbutrin from GSK in 100 or 150mg hits between Jan 24, 2002 and June 30, 2006. Obviously, the long GSK could keep a generic version of their drug off the market, the more money they could make. People interested in joining could probably contact the firm of Roda and Nast, lead plaintiff team, for more information.

Antitrust Class Action Certified Against GlaxoSmithKline [Law.com]
(Photo: Fujoshi)

Inflation rose far less than expected in ... [Economy]

Ben Popken — Wed, 14 May 2008 13:38:33 EDT

Inflation rose far less than expected in April, mitigating fears that the Feds would have to grapple with both trying to loosen credit and fight off rising prices. [AP]

"Series Of Tubes," Mario Reference, Found In ATT Manual [Leaks]

Ben Popken — Wed, 14 May 2008 13:31:43 EDT

A testament to the "Series of Tubes" meme's pervasiveness is its inclusion in an AT&T FastAccess business DSL tech support manual. According to the insider, his bosses who made the manual are big nerds and read BoingBoing, Gizmodo, and The Consumerist. He also says in one of the the tech support training videos for the new customer Yahoo portal that's rolling out later this month, it shows how to create a feed for The Consumerist. Note too that the internet is depicted as a giant fluffy cloud.

Two Dragracing Comcast Vans Cause Accident That Seriously Injures 3-Yr-Old Girl [Tragedy]

Jay Slatkin — Wed, 14 May 2008 13:25:00 EDT

According to WAFF in Huntsville, Alabama, last weekend 2 Comcast Cable vans were racing each other at speeds of over 75mph which caused an accident that put 3-year-old Kayleen Smith (pictured left) on life support. Now Kayleen is off life support but remains unconscious. Details, inside...

The article says,

They're (the family) holding onto hope that she'll regain consciousness.

Three-year-old Kayleen Smith's uncle Daimen Morrison said, "She loves flowers. Boy, if we had a yard full of flowers, she'd pick every single one of them."

He adds, "Everybody knows that she's the sweetest, smartest, little thing you'll ever meet. She's just something else though. She makes my father more happy than I've ever seen him," Morrison said. The girl is clinging to life in Huntsville Hospital after an accident Saturday morning.

Witness Wesley Hadley says, "I said a prayer right there. I didn't know what else to do." Hadley saw the accident happen as he was traveling south on Memorial Parkway.

Near Sam's Club and Lowe's, he says, "Two Comcast vans passed me... I estimate, probably about 75 miles per hour." In a 50 mile-per-hour zone.

Hadley says one continued straight and another tried to turn right near O'reilly Auto Parts. "I knew he wasn't going to make it." Hadley says a woman with her two granddaughters was approaching a stop sign.

The Comcast driver hit the van and flipped before resting upside down. The witness describes seeing the accident in slow motion, a horrible sight with tremendous force.

Kayleen Smith is now off life support, but is still unconscious.

Her nine-year-old sister was also in the vehicle, but escaped serious injury, as did their grandmother. The Comcast driver has been released from the hospital and refused to comment.
Family of the other employee confirms to me he was working that day, but could not elaborate due to the investigation.

Hadley says, "They were racing. It looked like they were racing. They were going in and out and trying to keep up with each other."

Morrison says, "I just hope this shows anybody out there that wants to act foolish on the road, that people can lose their life and everything that means everything to them."

Comcast could not provide details on employee procedure or the status of these two employees.

Comcast General Manager Butch Jernigan gave us the following statement: "Our thoughts and prayers are with everyone involved. We will cooperate fully with local authorities, but cannot comment further because of the on-going investigation. At Comcast, the safety of our employees, customers, and the general public is a top priority."

According to Huntsville Police, no criminal charges have been filed at this time and the accident is currently under investigation.

We're saddened by this story and hope Kayleen pulls through. We hope that Comcast learns that the money they save in cheap outsourcing has real costs. We've witnessed things like the Comcast Contractor Doing Donuts as well as the Comcast Tech Falls Asleep On Couch which were amusing and fairly innocuous. Unfortunately, Comcast has now graduated up to reckless and dangerous. It's tragic that it takes these kinds of accidents for companies to realize that the value of saving a few dollars is nothing compared to the value of human life.

Witnesses say two cable cars racing causing serious accident [WAFF] (Thanks to Brian!)
(Photo: WAFF)