LifeSmarts state competitions wrapping up – National Consumers League

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As we come into the home stretch of the online LifeSmarts competitions, LifeSmarts students are busy learning all they can using the practice quizzes, LifeSmarts U online lessons, and all the other resources to be found on the LifeSmarts Web site. Since competition opened in September students have already answered 1.5 million consumer questions online!

LifeSmarts is education for the real world, and it arms students with knowledge they begin implementing right away. Students say LifeSmarts has helped them:

  • know what to do when my ATM card gets stolen
  • budget and keep track of purchases with my debit card
  • know the proper temperature to store certain foods
  • know what to look for when I buy my next cell phone
  • learn about my rights as a worker (and I got a raise!)
  • provide reasons why my parents should seek a refund for a poor-quality product
  • remember to turn my low beams on when it is foggy
  • learn to read the fine print when using OTC drugs
  • explain consumer rights to a friend whose phone service got slammed
  • vigilantly guard my Social Security number
  • recycle more

It is gratifying to see this generation of young consumers demonstrate their desire to learn as much as they can about important issues that will give them a leg-up in life. Hats off to you!

Dental care key to health reform – National Consumers League

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Providing preventative health care is one of the most important strategies for lowering our nation’s health costs. We hear a lot about the 46 million Americans without health insurance, but rarely do we hear that more than twice that lack dental insurance.

The case for dental coverage is the same as for health care. People without health care coverage often get sick with illnesses that could be treated at far less cost if caught early. When it comes to dental care, kids with minor tooth problems may end up with dental disease for the rest of their lives. This can hurt their ability to stay in school or get a job. Adults with missing teeth find it hard to get jobs as well.

But poor dental health can also kill you. The Washington Post ran a story about Deamonte Driver, a 12-year old who died of complications stemming from a toothache that could have been cured by an $80 tooth extraction. Deamonte’s family had lost its Medicaid coverage, and few dentists would even take Medicaid patients anyway. Bacteria from the tooth spread to Demonte’s brain, leading to hospitalization and two operations. The total cost of the hospital care was about $250,000, and the hospital was still unable to keep him alive.

The National Consumers League, with our long history of work on health care, has joined with several other groups including the American Dental Education Association, the Dental Health Foundation, and Oral Health America, in a campaign to underscore the importance of including dental care in health care reform. The groups have sent an open letter to Congress asking for recognition of these facts:

  • Dental conditions become more serious and are more costly to treat without intervention.
  • Untreated dental disease can have fatal and costly consequences.
  • Access to dental insurance is extremely difficult for the nation’s poorest. Half of all states’ Medicaid plans provide no or extremely limited dental coverage.
  • 130 million Americans, including 16 million children and 80 percent of seniors, lack dental insurance coverage. This is more than twice the total number lacking basic health insurance.
  • Poor oral health can complicate diabetes; heart disease; pneumonia; and further study is needed to determine the documented link between gum disease and preterm low birth weight babies.

Having dental insurance can be the difference between simple tooth decay and losing your teeth, or the difference between a toothache and a serious operation. Dental care is preventive care; it saves our hospitals and taxpayers the high cost of treating life-threatening complications and helps poor and middle class people get and keep jobs.

 

Door-to-door sales: Questions for jobseekers – National Consumers League

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Considering a job in door-to-door sales? Teens looking for potential work may need help distinguishing legitimate door-to-door sales opportunities from dangerous traveling sales crews.

Teens interviewing for a new sales job should ask the following questions to determine whether the opportunity is legitimate or dangerous:

  • Will I be an employee or an independent contractor?
  • What will be withheld, if anything, from my pay (e.g., taxes, social security, living or travel expenses)?
  • What is the work?  What is expected of me?
  • What are the working conditions?  Ask about hours, travel, and living arrangements.
  • Do I get any time off?  How much and when?
  • Will I have to travel away from home?  Where will I be going?  How can family and friends reach me?
  • Where will I sleep each night?  Who will arrange sleeping accommodations – me or the company?  Who will pay for these accommodations?
  • How will my living expenses while traveling be handled;
  • How will I generate income, how it will be calculated, and how often will I receive my pay?  In what manner will I be paid (i.e., by cash, corporate check)?  Will I receive a statement with my pay that shows income earned and deductions?  How will commissions, bonuses, and regular pay be calculated?
  • Is there a training period?  If so, how long does it last?  Will I be paid while I’m in training?
  • Will I be paid for sales meetings and how often are they held and for how many hours?
  • Will an experienced sales agent or trainer come with me for my first few sales calls?
  • Can I be fined for not showing up at sales meetings or making friends with other salespeople?
  • Will I be working in an area that requires door-to-door salespeople to obtain licenses or post bonds?  If so, do I have to file the application and pay the fee or will the company do this for me?
  • Who does the driving?  Must drivers meet any requirements?
  • What is the time period of the contract?
  • If things don’t work out and I decide to quit before the contract period ends, is there any penalty for me, and who will pay for my transportation back home?

Why are the answers to these questions so important?  The answers can help you spot bad practices, which often go hand-in-hand with traveling sales crew scams.  Most traveling sales crews report to a crew chief, who decides where and when they will work and maintains accounts for the entire crew.

Former salespersons on traveling sales crews have reported that they never received or saw a statement of their individual accounts and therefore never knew how much money, if any, they were making.  They were given a daily or weekly “allowance” by the crew chief, who based the payments on their accounts.  This allowance had to cover food, clothing, and personal expenses, but they had no way of knowing if the accounts were accurate or how much they could expect to receive at the end of each day or each week.

Don’t allow yourself to be rushed or pressured into signing up. Remember, they need you more than you need them.  Watch out for claims that they only have room for one more person and you have to say “yes” immediately or lose out.  If you are unsure of the offer, take the time to discuss the pros and cons with relatives and friends and call your local Better Business Bureau, state attorney general’s office, state department of labor, or the Direct Selling Association to see if they have received any complaints about the company.

Denied health claim? Appeal it! – National Consumers League

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Have you run into problems with your health plan? You’re not alone! Half of all consumers experience problems with them, but fewer than 1 in every 10,000 tries to fight, or appeal, when a claim has been denied. But appealing a denied claim works—maybe more often than you’d think!

Forty percent of people who file appeals with their health plan are successful. Ten percent of claims denied by a health plan turn out to be a simple mistake, and those are usually resolved quickly. When you find out that a medical service you’ve received (like a visit to the emergency room, a visit to an out-of-plan provider, or a test your doctor asked you to take) has been denied by your health plan, it is important to know your rights. The first denial by your health plan is not the final word, and there are processes in place to appeal these decisions.

NCL’s new brochure can help you be your own best advocate! By doing a little legwork, and following some basic procedures, you may be able to successfully appeal the decision and get the coverage you need for your claim. Download our brochure to learn a few basic steps to guide you in the process.

TicketDisaster.org coalition members react to DOJ settlement in Ticketmaster-Live Nation merger – National Consumers League

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January 25, 2010

Contact: John Breyault, NCL (202) 207-2819, johnb@nclnet.org or
Shannon Flaherty, National Association of Ticket Brokers, (202) 347-6762, sflaherty@theheraldgroup.com

Washington, DC — The TicketDisaster.org coalition today released the following statement in response to the Department of Justice’s (DOJ) decision to allow the Ticketmaster-Live Nation merger to proceed:

”The DOJ has asked consumers, independent promoters, ticket brokers, artists, and venue owners to take a very large leap of faith – that the conditions imposed on the merger will improve competition and ultimately lead to greater choice and lower prices,” said Sally Greenberg, executive director of the National Consumers League, a founding member of the TicketDisaster.org coalition. “While we appreciate the efforts of the DOJ to extract meaningful concessions from the parties, we remain concerned that these two companies, with a history of anti-consumer behavior, will abide only by the letter, and not the spirit of the settlement agreement. It is therefore critically important that the DOJ hold the merged company’s feet to the fire to ensure that the settlement will have its intended effect. The consumer groups, venue owners, promoters, and ticket broker members of our coalition will remain vigilant to ensure that DOJ fulfills this watchdog function.”

The settlement leaves several important issues unresolved, we believe. Notably, the secondary ticketing issue remains unsettled. Ticketmaster has signaled that it intends to use questionable “innovations” such as paperless ticketing to extend its monopoly power over the secondary market. We believe that this may constitute an unfair and deceptive trade practice. We therefore urge the Federal Trade Commission (FTC) to maintain a watchful eye and ensure that consumers continue to benefit from a robust secondary market.

“While today’s decision is not the strongest in terms of protecting consumers, competition, and choice in the industry, it is all the more reason why consumers should continue to stand up and voice their concerns with this live entertainment monopoly,” said Gary Adler, counsel to the National Association of Ticket Brokers. “The fight is not over. Our efforts to protect the rights of the consumer by exposing Ticketmaster’s anti-consumer activities, including the use of paperless ticketing and excessive fees, are still priority number one.”

“Though I have not had the opportunity to review it yet fully, it seems the Department of Justice has dictated in the merger agreement that Live Nation and Ticketmaster may not engage in anticompetitive behavior on any level going forward. If that is true, it will be a better world for everyone. It all comes down to whether the DOJ will indeed be the watchdog they claim they will be. The department seems to understand the issues, our concerns, and the fears the entertainment industry holds about Live Nation’s and Ticketmaster’s predatory and anticompetitive behavior. This puts Live Nation Entertainment under a microscope, a place we wished Ticketmaster and Live Nation were under a long time ago,” said Seth Hurwitz, chairman of I.M.P., which owns the 9:30 Club, operates Merriweather Post Pavilion, and is the producer of Virgin Mobile Festival in the U.S., representing independent concert promoters and venue owners.

“The dominant market power of the newly-merged Live Nation Entertainment will require both the DOJ and FTC to commit to a vigorous oversight capacity, including additional enforcement actions where necessary,” said David Balto, former FTC policy director and counsel to the consumer and industry groups. “It will be incumbent upon enforcement authorities to listen to the voices of millions of consumers who attend live events to ensure that they, not the merged company, are the ultimately beneficiaries of this agreement.”

For more information, please visit www.TicketDisaster.org.

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About TicketDisaster.org

TicketDisaster.org is a coalition of public interest groups, ticket brokers, and independent venue owners and promoters united in opposition to the proposed Ticketmaster-Live Nation merger. Coalition members include the American Antitrust Institute, Consumer Action, Consumer Federation of America, I.M.P. Productions Chairman Seth Hurwitz (representing independent venue owners), the National Association of Ticket Brokers, the National Consumers League and the U.S. Public Interest Research Group (USPIRG).

Eating 2010: The food issues that will matter most for American consumers – National Consumers League

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Update: Late in the day on Monday, January 25, 2010, President Obama announced his intent to nominate Dr. Elisabeth Hagen for the position of the U.S. Department of Agriculture’s Under Secretary for Food Safety.  Dr. Hagen currently serves as the USDA’s Chief Medical Officer.  For more information, see the official USDA News Release.

By Courtney Brein, Linda Golodner Food Safety and Nutrition Fellow

While issues such as the recession, the unemployment rate, and the health reform debate ruled the airwaves in 2009, a number of food-related issues nonetheless grabbed the attention of American consumers. From the mass peanut product recall to the news coverage of the White House garden to the rising hunger rates, food issues not only made the news but directly impacted millions of Americans last year. Here, in a four-part series, we present the food issues that we anticipate will affect American consumers the most – in addition to attracting media attention – in the coming year.

Food Safety

As the recent outbreaks of foodborne illness linked to contaminated spinach, peanut butter, and cookie dough underscore, the Food and Drug Administration (FDA) does not currently possess the authority, funding, and capacity to adequately ensure the safety of food consumers purchase, whether it be imported items or those produced in the United States. Making food in the U.S. significantly safer than it is now will require FDA reform legislation, a goal towards which the National Consumers League has been working, along with fellow members of the Make Our Food Safe coalition.

In July, the House overwhelmingly passed H.R. 2749, its version of FDA food safety reform, which would increase the regulatory powers of the FDA, require food from other countries to meet the same safety standards as food produced in the United States, establish a national food tracing system, and require all food processing facilities to implement food safety plans. The Senate bill, S. 510, contains many of the key provisions in the House bill, although it lacks the strength of that legislation in several areas, including inspection frequency and oversight of imported foods. Nonetheless, S. 510 would give FDA the authorities it needs to create a food safety system focused on preventing foodborne illness, rather than on simply responding to outbreaks as they occur. The Senate Committee on Health, Education, Labor & Pensions (HELP) unanimously approved this bipartisan piece of legislation in November. Now, as soon as possible, the Senate needs to bring the bill to the floor for a vote, in order to make food-safety reform a reality. The Make Our Food Safe Coalition and victims of foodborne illness and their families will continue to call for Congress to enact food safety legislation until it does so.

Once food safety legislation passes, consumers should look to Michael Taylor, the newly named FDA deputy commissioner for foods, to implement the new laws designed to prevent outbreaks of foodborne illness. This new position – Taylor is the first to hold it – will help to increase the focus on food in the agency, which also regulates drugs and medical devices.

While the position of FDA deputy commissioner for foods is now filled, numerous other food-related administration positions continue to remain vacant. The top food safety post at USDA, that of Undersecretary for Food Safety, is the most significant of these empty spots, but four other USDA positions – general counsel; chief financial officer; undersecretary for research, education and economics; and administrator of the Foreign Agricultural Service – have not yet been filled. Several of the vacancies require presidential nomination and Senate confirmation; the USDA requires individuals in all of these positions in order to best ensure the safety of meat, poultry, and other USDA-regulated food products. Consumers should expect – and demand – that these vacancies be filled in early 2010. Contact the White House and ask President Obama to nominate individuals for the two undersecretary and general counsel positions.

NCL hails federal court support for keeping food suit in DC – National Consumers League

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January 22, 2010

Contact: Carol McKay, (412) 408-3688, media@nclnet.org

Washington, DC – The National Consumers League (“NCL”) is hailing as “a win for consumers,” a remand decision handed down on January 15, 2010 by United States District Judge Henry H. Kennedy, Jr. Judge Kennedy granted the League’s motion to remand its case against General Mills, Inc. back to the District of Columbia Superior Court.

The NCL filed this case as a “private attorney general” on behalf of the “General Public of the District of Columbia” under DC’s Consumer Protection and Procedures Act (“CPPA”). The complaint alleges that General Mills made improper claims that Cheerios has a drug-like benefit in reducing cholesterol in people who consume it. Indeed, on May 5, 2009, in response to a September 17, 2008 letter from the NCL, the United States Food and Drug Administration informed General Mills that it found that General Mills had committed “serious violations of the Federal Food, Drug, and Cosmetic Act” and that its Cheerios product was “misbranded” because “it bears unauthorized health claims in its label.”

The NCL commenced its case in DC Superior Court on August 20, 2009. In October, General Mills filed a “Notice of Removal”, thereby causing the transfer of the NCL’s case to federal court. General Mills argued that the case should be treated as a class action under the Class Action Fairness Act. In response, NCL filed an Emergency Motion to Remand. On January 15, Judge Kennedy ruled in NCL’s favor, stating that the federal court had neither subject matter jurisdiction nor Article III standing, as the NCL’s claim arises from “alleged harm to the general public rather than to the League itself.”

As Judge Kennedy noted, “Challenging conduct like General Mills’ alleged mislabeling is the very purpose of consumer advocacy organizations. As such, General Mills’ alleged conduct does not hamper NCL’s advocacy effort; if anything it gives NCL an opportunity to carry out its mission.” Judge Kennedy further found that the CPPA should be “construed and applied liberally to promote its purpose” to deter and remedy improper trade practices, and that, as such, “CPPA claims brought on behalf of the general public as here . . . need not comply with” class action rules.

“We are gratified that Judge Kennedy recognized the value groups like the National Consumers League bring in representing the interests of the public in fighting false and deceptive advertising,” said Sally Greenberg, NCL Executive Director.

The NCL’s case against General Mills is now able to move forward – as NCL had asked — in the District of Columbia’s Superior Court.

NCL is represented by Donald Enright and Karen Marcus of Finkelstein Thompson LLP, a Washington DC-based firm.

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About the National Consumers League

Founded in 1899, the National Consumers League is America’s pioneer consumer organization. Its mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. NCL is a private, nonprofit membership organization. For more information, visit www.nclnet.org.

Health Reform Uncertainties – National Consumers League

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The election of Senator Kennedy’s successor has led to numerous discussions about the future of health reform, but advocates are encouraging Members of Congress—from both sides of the aisle—to keep their eyes on the prize.

“We need to put partisan concerns aside and work NOW to ensure that the system is reformed. The cost of doing nothing is unthinkable,” said NCL Executive Director Sally Greenberg.

Senator Kennedy, who lost his battle with cancer last summer, was a friend of consumers and workers; Senator Kennedy called upon the Obama Administration to reinstate the White House Office of Consumer Affairs and was a champion of workers, fighting tirelessly for minimum wage increases for working families and health care for all. In his honor and in the spirit and history of the League, NCL is committed to reforming a system to ensure that “everyone has access to affordable health care or the system will remain broken.”

For decades, NCL has been dedicated to achieving quality improvements to America’s health care system. In the 1930s, NCL’s Josephine Roche authored the first universal health care proposal and today, NCL is at the forefront of advocating for comprehensive health reform with legislation that is patient-centered and cost-efficient.

NCL encourages law makers on either side of the aisle to remember what this debate is about – improving the access to and quality of health care in America, for all Americans, addressing why we are overpaying for care that is not making us healthier.

Consumer group issues alert to generous regarding disaster scams – National Consumers League

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January 20, 2010

Haitian Earthquake Expected to Cause Uptick in Reports of Donations to Fraudulent Charity Schemes to National Consumers League’s Fraud Center

Contact: Carol McKay, (412) 408-3688, media@nclnet.org

WASHINGTON, DC—Over the years, opportunistic con artists have exploited both natural disasters and terrorist attacks to bilk generous consumers attempting to make financial contributions to rescue efforts, warns the National Consumers League. The recent devastating earthquake in Haiti will likely be no exception.

NCL, the nation’s oldest consumer advocacy organization, collects consumers’ complaints of telemarketing and Internet fraud through NCL’s Fraud Center (www.fraud.org), and anticipates it will soon receive reports of hurricane-related scams. “In the days following a natural disaster, we begin to hear from consumers about crooks’ attempt to take advantage of tragic events for their personal gain,” said John Breyault, Director of NCL’s Fraud Center.

After the September 11th terrorist attacks, as well after Hurricane Katrina, NCL’s Fraud Center received reports of a variety of scams tailored by con artists to capitalize on the rescue efforts. Scams typically involve con artists sending out emails purporting to come from a known and respected charity such as the Red Cross or Oxfam International.  Victims are then directed to a fake Web site made to look like a legitimate charity’s site, where they are asked to hand over personal information or to donate via wire transfer, PayPal, or a credit or bank account.  The scammer then makes off with the donation, and no funds are sent to support actual disaster relief.

“The continued tragedy of fraud perpetrated in the wake of such disasters is that charity scams not only rob the donors,” said Sally Greenberg, NCL Executive Director. “They divert contributions from legitimate charities, who are in great need for money and goods to assist those who need it most.”

  • NCL warns consumers to be especially wary of emails from strangers. While many legitimate companies, organizations, and individuals are using the Internet to mobilize help for disaster victims and share information about the latest developments, crooks may use email or social networking sites such as Facebook or Twitter to reach a wide audience of potential victims.

“Be cautious about any solicitation that mentions the disaster. Consumers interested in giving to the relief effort should give to charities they know and trust,” said Breyault. “If someone claims to be collecting money that will go to charities, ask which ones and check with them directly to make sure it’s true.”

The FBI has also issued warnings about unsolicited emails or messages from social networking sites asking for donations and claiming to represent a quake victim or a government or charity official and asks for donations. Also, the agency says, do not click on any links within those emails or on attached files labeled photos or video because they may contain viruses.

  • Consumers can confirm that charities are properly registered by contacting their state charities regulators, which are listed in the state government pages of their telephone books. Information about charities is also available from the Better Business Bureau Wise Giving Alliance, 703-276-0100, www.give.org. Consumers can also check out charities at GuideStar (https://www.guidestar.org/), and Charity Navigator (https://www.charitynavigator.org/), both of which contain links to legitimate charities working on the relief effort.
  • Consumers can report disaster-related telemarketing or Internet fraud to NCL’s Fraud Center at the online complaint form on www.fraud.org.

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About the National Consumers League

Founded in 1899, the National Consumers League is America’s pioneer consumer organization. Its mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. NCL is a private, nonprofit membership organization. For more information, visit www.nclnet.org.

Welcome to Washington, Dr. Benjamin – National Consumers League

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NCL is pleased to welcome the newly confirmed Surgeon General to town.  Dr. Regina Benjamin was sworn into her role as the medical and public health spokesperson for the country, but not without controversy.

Dr. Benjamin brings with her years of experience working for low-income, rural populations, working to improve access to care for many underserved populations, and breaking down barriers along the way – as a woman, as a minority, but also as someone who struggles with her weight.  Dr. Benjamin’s response to the criticism, however, has been wonderful.

In a recent interview on Good Morning America, Dr. Benjamin offered that “health and being healthy and being fit is not about a dress size.”  She continued, “it’s about how fit you are at a moment in time.  I’m just like 67 percent of Americans.  I struggle with my weight just like they do, so I understand.  I want to have them help me and I will help them and we’ll work together to try and become a healthier nation.”

We look forward to working with Dr. Benjamin and her office as we work to become a healthier nation.