NCL statement on settlement with Doctor’s Associates Inc. – National Consumers League

May 11, 2015

Contact: NCL Communications, Carol McKay (412) 945-3242, carolm@nclnet.org

Washington, DC-The National Consumers League (“NCL”) and Doctor’s Associates Inc. (“DAI”) are pleased to announce that they have resolved consumer-related litigation pending in the Superior Court of the District of Columbia, NCL v. DAI, Case No. 2013-CA-006549 B. NCL and DAI recognize the importance of a focus on nutritional content in restaurant menu offerings and ensuring that customers have healthful menu options.

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Beware: Online pet adoption scams – National Consumers League

92_puppy_sale.jpgBringing a new puppy or kitten home is right at the top of many consumers’ wish lists. Unfortunately, scammers know all too well how emotionally connected we can get to idea of adopting a cuddly ball of fuzz. Since the beginning of 2015, NCL’s Fraud.org has received a surge of consumer complaints about pet adoption scams. Learn how the scam works.First, a consumer searching for a pet sees a desirable animal listed for sale online, often on a classifieds website like Craigslist.org or Oodle.com. Next, the consumer reaches out to the prospective seller and expresses interest in acquiring the animal. After a consumer sends money to the alleged owner to pay for the pet, she is told that additional funds are needed to cover the cost of things like “a ventilated shipping crate,” “insurance,” or other reasons. Regardless of how much money is sent, the alleged seller will find new reasons to ask for additional payment. This continues until the victim, now often out hundreds or thousands of dollars catches on and stops sending money.

In reality, the entire act is a farce. The cute pet pictures that prompted the initial outreach by the consumer are usually simply pulled off the Internet and used to create attractive (but fake) listings. The alleged sellers don’t own any actual pets and are just out to milk victims of all the cash they can.

A Massachusetts woman we’ll call “Sue” (not her real name) recently sent us a complaint that is typical of this scam. Sue writes:

“I was looking to purchase a Yorkshire terrier puppy for my 2 little kids. I found one that I was really interested in. It was a 9-week-old female Yorkie. I emailed ‘the owner’ … The puppy was $500 and he told me that was already included with shipping and everything. He told me to put the $500 on a Reloadit card, which I did, and I gave him that. He sent me an email of a flight ticket, which I now know that it was not real because I called American Airlines and the flight ticket was a fake.

An agency started emailing me stating that I had to send them $970.00 for a ‘crate’ for the puppy to arrive to me safe while on flight due to the weather. I was told it was refundable when my puppy would arrive. I was told to send it by Western Union, which I did. Once that happened … I was asked to send $1,500 now for the pets insurance to get sent to me, which was also supposed to be refunded to me. I sent that money through MoneyGram. I was supposed to receive my puppy on March 7, 2015 in the morning and I never received the puppy.

Then I received another email stating I had to send ANOTHER payment of $760.00 to update her shots before she takes off. It was already sounding a little bit too good to be true to me but that’s when I finally realized that this was a scam.”

Fraud.org has received more than a dozen complaints about these scams so far this year. Consumers can see additional examples of these scams at the ASPCA’s Pet-Related Scams website.

It’s easy to get emotionally attached to the idea of acquiring an adorable new pet. Consumers in the market for a new furry friend, can protect themselves by following these safe pet-buying tips:

  1. Never send money for a pet purchase unless you have seen the animal in person (as opposed to simply online).
  2. Beware of any seller who says she’s located out-of-town (or worse, overseas). Dealing with local sellers is usually the smart move.
  3. Requests for payment via wire transfer (Western Union or MoneyGram) or prepaid debit card (Green Dot MoneyPak, Reloadit, or similar cards) are often a red flag for potential fraud. Payment sent via these methods is practically the same as sending cash.
  4. Consider adopting from a local shelter instead of a private seller. There’s likely to be a lower cost to obtain the pet, and you’ll be dealing with a reputable non-profit organization.
  5. Do your due diligence on the seller BEFORE sending money. Ask for detailed information on the seller, including full name, phone number and mailing address. Search online for information on the seller. If no information comes up in the search, or you see negative reviews, it could be a scammer instead of a legitimate seller.
  6. Watch out for offers of “free” pets. While it may seem like a good deal, scammers have been known to use these to lure unwary consumers in to paying for “shipping” and other costs for nonexistent pets.

If you’ve been a victim of one of these scams or been approached by someone you suspect of being a scammer, file a complaint at fraud.org so that we can share your information with our network of law enforcement and consumer protection agencies.

Florida takes national LifeSmarts title in 2015 – National Consumers League

This post originally appeared on LifeSmarts.org. LifeSmarts is a program of the National Consumers League.

What an exciting conclusion to our 21st year! Florida topped Rhode Island by the slimmest of margins – just 2 points – to win the National LifeSmarts Championship last week in Seattle, WA.

Congratulations to coach Kathy Loggie and her LifeSmarts team from Paxon School for Advanced Studies in Jacksonville, Florida. Team members Harrison Andrew, Joseph Cain, Aaron Routzong, Evan Spaulding, and Captain Nicholas Pellegrino are to be commended for the consumer smarts they demonstrated throughout competition.

Team members each received $1,000 post-secondary education scholarships from Amazon.com and Western Union, and Microsoft Surface Tablets.

I also want to commend the other top-placing teams who competed deep into the national championship:

Second Place: Rhode Island; Barrington High School, Barrington, RI

Coach: Samuel Schachter

Captain: Matthew Lamontagne; Team members: Steven Forte, Brian McGartoll, Teddy Ni, and Eli Shea

Third Place: Hawaii; ‘Iolani High School, Honolulu, HI

Coach: James Rubasch

Captain: Justus Wataru; Team members: Noah Asada, Matthew Azama, Norton Kishi, Bailey Sylvester

Third Place (tied): Michigan; Fenton High School, Fenton, MI

Coach: Bruce Burwitz, Co-coach: Andy Cocagne

Captain: Jacob Goodman; Team members: Andrew Celini, Katherine Hiller, Kelsey Krause, Zachary Williams

To begin to appreciate the broad consumer knowledge students gain by participating in LifeSmarts, here are a few of the questions the Florida and Rhode Island teams tackled in the national finals:

  1. When college students apply for financial aid, they should complete this form to determine their family’s expected contribution to their education: (Answer: FAFSA; Free Application for Federal Student Aid)
  2. Why is texting while driving considered the most dangerous form of distracted driving? (Answer: It requires visual, manual, and cognitive attention from the driver; drivers have to take their eyes, hands, and mind off of the road)
  3. How do consumers react when consumer confidence is going up? (Answer: Consumers spend more freely)
  4. Name one advantage of using DRM? (Answer: Fights copyright infringement; helps ensure digital content is legitimate)
  5. Harmful “germs” or disease-causing microorganisms are called: (Answer: Pathogens)
  6. Name two ways consumers can help conserve water in the yard: (Answers: Irrigate more efficiently; use water-wise plants; improve the soil; harvest rainwater; use graywater instead of potable water on plants; design a more water-efficient landscape)

We often remind students and coaches that they are all winners in LifeSmarts. We sincerely believe it. I hope that the journey to learning more about consumer issues has been a fantastic one for all of our competitors this year!

Remember: LifeSmarts resources remain available year-round at LifeSmarts.org, and competition begins again after Labor Day!

National Consumers League statement on introduction of Online Consumer Privacy and Data Security Act of 2015 – National Consumers League

April 30, 2015

Contact: NCL Communications, Carol McKay (412) 945-3242, carolm@nclnet.org

Washington, DC–The National Consumers League, America’s pioneering consumer and worker advocacy organization, today applauded the introduction of the Consumer Privacy Protection Act of 2015 by Senator Leahy and others.

The following statement is attributable to John Breyault, NCL Vice President of Public Policy, Telecommunications and Fraud:

“It is critically important that Congress gets it right on consumer protections related to data breaches. One need only read the headlines to see the havoc that mega-breaches at our nation’s largest companies are wreaking on tens of millions of consumers. That is why we are pleased to support Senator Leahy’s efforts to craft strongly pro-consumer data security and data breach notification legislation. The Consumer Privacy Protection Act of 2015 would create strong incentives for businesses to better protect the vast amounts of consumer data they are collecting. Importantly, the bill allows states to continue to serve as laboratories of democracy by innovating beyond the consumer protection floor set by this bill. We urge Chairman Grassley and the members of the Senate Judiciary Committee to support this common sense consumer protection legislation.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Blue Bell listeria recall too little, too late – National Consumers League

April 22, 2015

Contact: NCL Communications, Carol McKay (412) 945-3242, carolm@nclnet.org

Washington DC— As of Monday, Blue Bell Creameries, a Texas based ice cream company, issued a voluntary recall of all of its products presently in stores, originating from any of its processing facilities. Blue Bell slowly expanded the recall when original clean up efforts to rid its production facilities of Listeria monocytogenes, an organism that can cause serious and sometimes fatal infections in vulnerable populations, were ineffective. Last month, Blue Bell issued its first recall, which covered ten varieties of its frozen desserts. On Monday, two tubs of chocolate chip cookie dough ice cream tested positive for listeria, prompting the widespread voluntary recall. So far, three deaths and several illnesses have been linked to the outbreak. 

The following statement is attributable to Sally Greenberg, executive director of the National Consumers League:

“This is a sad outcome. Vulnerable hospital patients fell victim to this terrible listeria pathogen, which demonstrates the extreme importance of having stringent food safety standards in the United States. Consumers assume their food is safe. We applaud Blue Bell’s willingness to conduct a voluntary recall of products, however, we are disappointed by how long it took for the company and the federal government to address the situation.  It’s up to retailers and producers to do the right thing when a problem arises.”

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Students from Jacksonville, FL take 2015 National LifeSmarts Championship – National Consumers League

April 20, 2015

Contact: Carol McKay, (724) 799-5392, carolm@nclnet.org

Seattle, WA—The student team from Paxon School for Advanced Studies in Jacksonville, FL, coached by Kathie Logie, was crowned national LifeSmarts champions in Seattle on Monday, April 20 at the 21st annual National LifeSmarts Championship. In a historically tight final match against the second-place team from Rhode Island’s Barrington High School, the teens from Florida outplayed their opponents in an exciting end to the 4-day competition. The Paxon team took the national title in 2013 as well.

Teams from Honolulu, Hawaii, and Fenton, Michigan placed third.

“We are so proud of these students from Florida, who represented their state program with class and pride,” said LifeSmarts Program Director Lisa Hertzberg. “They played hard and demonstrated their consumer smarts throughout the four-day event. They are true LifeSmarts champions.”

LifeSmarts is a program run by the Washington, DC-based National Consumers League (NCL), the nation’s oldest consumer advocacy organization. It competitively tests high school students’ knowledge of consumer awareness, with subjects including personal finance, health and safety, consumer rights and responsibility, technology, and the environment. LifeSmarts is available in all 50 states, the District of Columbia, and in partnership programs with student leadership programs FBLA and FCCLA.

Teens from each of the 34 state champion teams represented at nationals competed as individuals, and the top five scorers received scholarships from NCL. This year’s winners were:

  • Environment: Chris Biesecker, Pennsylvania
  • Personal Finance: Matthew Lamontagne, Rhode Island
  • Health and Safety: Taylor Heslop, Kansas
  • Consumer Rights and Responsibilities: Steven Forte, Rhode Island
  • Technology: Teddy Ni, Rhode Island

Kelsey Becker, from North Dakota, and Matthew Lamontagne from the Rhode Island team, were named the 2015 Students of the Year. Jennifer Bearchell, from Flagstaff, AZ, was named LifeSmarts Coach of the Year. Long-time State Coordinators Bill Wilcox and Joan Kinney, from Wisconsin, earned the Coordinators of the Year honor.

“NCL’s LifeSmarts program is allowing us to rear a generation of consumer-savvy teenagers who often outsmart their parents on issues related to avoiding fraud, credit and debt, and complicated healthcare decisions,” said NCL Executive Director Sally Greenberg. In the 21 years that LifeSmarts has been educating high school and middle school teens on consumer issues, it has grown dramatically, with more than 3 million consumer questions answered at www.lifesmarts.org in the online competition during the 2014-2015 program year.

For team photos, event schedules, grid standings, and more, log on to www.facebook.com/LifeSmarts

All winners at the national LifeSmarts Competition received valuable prizes donated by sponsors to the National Consumers League, including scholarships, savings bonds, gift cards, and more. To learn more about the program, contact NCL’s Lisa Hertzberg at 202-835-3323.

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About LifeSmarts and the National Consumers League

LifeSmarts is a program of the National Consumers League. State coordinators run the programs on a volunteer basis. For more information, visit: www.lifesmarts.org, email lifesmarts@nclnet.org or call the National Consumers League’s communications department at 202-835-3323.

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

NCL statement on Commerce Committee markup of the Data Security and Breach Notification Act of 2015 – National Consumers League

April 15, 2015

Contact: NCL Communications, Carol McKay (412) 945-3242, carolm@nclnet.org

Washington, DC – Today, the House Energy & Commerce Committee approved HR 1770, the Data Security and Breach Notification Act of 2015. NCL had previously hoped that this bill would be improved in committee. Unfortunately, as today’s partisan vote made clear, that has not happened. The following statement is attributable to John Breyault, NCL Vice President, Public Policy, Telecommunications and Fraud:

At a time when millions of consumers are increasingly at risk of identity theft due to massive data breaches, it boggles the mind that Congress is contemplating reducing data security protections. Unfortunately, that is exactly what will happen if H.R. 1770, the Data Security and Breach Notification Act of 2015, becomes the law. The bill, which today passed out of committee on a party-line vote, would actually weaken existing consumer protections in 38 states. No major consumer groups are supporting this bill. Even Congressman Welch, who co-sponsored the bill, did not vote to move it to the floor.

Despite massive breaches at companies like Target, Home Depot, Anthem, Primera and countless others, it seems clear that the majority in Congress is intent on crafting a bill that weakens consumer protections by reducing or removing businesses’ data security obligations. Any Member of Congress who claims to be pro-consumer should oppose this bill in its current form. 

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About the National Consumers League

The National Consumers League, founded in 1899, is America’s pioneer consumer organization. Our mission is to protect and promote social and economic justice for consumers and workers in the United States and abroad. For more information, visit www.nclnet.org.

Equal Pay Day – National Consumers League

Sally GreenbergWhat does Equal Pay Day mean in America? It’s a time for reflecting on why women still less than their male counterparts. In 1963, when President John F. Kennedy signed the Equal Pay Act, women earned 59 Cents for every dollar earned by men. That number in 2013 has inched up but still lingers at 78 cents. That’s too bad, because women are the sole bread earners in millions of families and the lack of parity in pay hurts them and their children.

What does Equal Pay Day mean in America? It’s a time for reflecting on why women still less than their male counterparts. In 1963, when President John F. Kennedy signed the Equal Pay Act, women earned 59 Cents for every dollar earned by men. That number in 2013 has inched up but still lingers at 78 cents. That’s too bad, because women are the sole bread earners in millions of families and the lack of parity in pay hurts them and their children. As the House Minority Leader says, “When women succeed, America succeeds.”

The Economic Policy Institute reports that the higher up the economic ladder, the greater the disparity. In 2014 women in the 95th percentile of female earners made 79% of the wages earned by men, while women in the lowest 10th percentile made 91 cents for each $1 earned by men. Not surprising that 2/3 of minimum wage workers are women. What surprised me is that women with college degrees earn 78% of their male counterparts and women with advanced degrees earn 74% of what men make. And in traditionally female occupations, men even make more there! Male registered nurses out-earn female nurses by an average of $5,100 per year. This seems like rank sexism to me, and we could begin to change it with new laws in place.

And yet, in 2010, 2012 and 2014, the leadership in Congress blocked consideration of the Paycheck Fairness Act, which President Obama supported, and NCL and many other groups have campaigned for. That legislation would extend pay-equity rules to federal contractors and update the Equal Pay Act.

Women’s pay equity shouldn’t be a partisan issue. All families, whether Democratic, Republican, Independent or unaffiliated, will benefit when women earn more. This week’s Equal Pay Day is a fine time to raise these issues again – increasing the minimum wage has strong support in red as well as blue states. Equal pay for women should be right behind it. 

The legacy of César Chávez on César Chávez Day – National Consumers League

Reid MakiDo you ever think about people from the past you wish you could go back in time to meet? At the top or near the top of my list is César Chávez, who was born on March 31 in 1927. César died in 1993 a few months before I started working for a farmworker organization, the Association of Farmworker Opportunity Programs (AFOP).

For the last 22 years, my work with that AFOP and then the National Consumers League and the Child Labor Coalition has involved trying to obtain equal protection for farmworker children under US labor law. The legacy of César cast a big shadow on our efforts. His success in raising the public consciousness gave all of us hope in the advocacy community that we might help Americans to care about migrant farmworkers and their plight and the conditions endured by their children working in the fields beside them.

César was born in Yuma, Arizona in an adobe home on his parent’s ranch, which eventually was lost during the Great Depression. His family joined the exodus to California where they began work as migrant farmworkers and faced many hardships. The family would pick peas and lettuce in the winter, cherries and beans in the spring, corn and grapes in the summer and cotton in the fall.

Poverty forced César to drop out of school in the 8th grade to work in the fields. After he returned from a two-year stint in the Navy, César returned to California, married and eventually had eight children. Through much of the 50s, he worked for and eventually headed the Community Service Organization, a Latino civil rights group. In 1962, he and Dolores Huerta cofounded a group that would later come to be known as the United Farm Workers (UFW) of America.

In the fertile California fields around him, César saw workers performing back-breaking work for wages that kept them in poverty. In 1965, he helped lead the five-year Delano grape strike. He also led the historic 340-mile protest march of thousands of striking farmworkers to the state capitol in Sacramento, inspiring many Americans. The union reached out to consumers and asked them to boycott grapes in support of the workers—an estimated 17 million Americans joined the boycott. Eventually, the growers were forced to recognize the union and raise workers’ wages. Around the country, other farmworker unions formed to advocate for farmworkers.

In the early 1970s, the UFW won passage of the California Agricultural Labor Relations Act, allowing farmworkers to bargain collectively.

Throughout the late 1960s and early 1970s, César inspired the public by conducting a number of personal fasts, including one lasting 25 days, as part of his advocacy. Senator Robert Kennedy famously visited César to help draw attention to farmworker conditions.

César also espoused non-violent tactics used by Martin Luther King and Gandhi. His leadership and sacrifice helped a lot of average Americans to empathize with the struggles of migrant farmworkers. He helped give power to the powerless.

Today, in Washington, the Secretary of Agriculture Tom Vilsack and the U.S. Department of Agriculture honored the legacy of César by naming the department’s primary interior courtyard after him. César’s daughter, granddaughter, and son-in-law spoke in a public ceremony about the unfinished work that remains, including the deportation of hundreds of thousands of farmworkers, the lack of immigration reform, the worsening conditions for many rural workers and the need to advance rural cooperatives accessible to Latino workers.

One of those pieces of unfinished work that we at the Child Labor Coalition (CLC) and the National Consumers League are very much involved in is closing loopholes in U.S. child labor law that allow children, as young as 12, to work unlimited hours in US fields. This week we met with Secretary of Labor Tom Perez, leaders from the White House, and 16 representatives of tobacco companies and tobacco growers to discuss child labor in US tobacco fields.

Child labor in US agriculture concerned César. In his 1984 Commonwealth Club address in California he tried to warn the public about unfinished work:

“Child labor is still common in many farm areas. As much as 30 percent of Northern California’s garlic harvesters are under-aged children. Kids as young as six years old have voted in states, conducted union elections, since they qualified as workers. Some 800,000 under-aged children work with their families harvesting crops across America. Babies born to migrant workers suffer 25 percent higher infant mortality rates than the rest of the population. Malnutrition among migrant workers’ children is ten times higher than the national rate.”

César continued:

“All my life, I have been driven by one dream, one goal, one vision: to overthrow a farm labor system in this nation that treats farm workers as if they were not important human beings. Farm workers are not agricultural implements; they are not beasts of burden to be used and discarded. That dream was born in my youth, it was nurtured in my early days of organizing. It has flourished. It has been attacked.”

Today, on the anniversary of his birth, we are inspired by the life of César Chávez and are committed to increasing wages for adult farmworkers so that parents are not compelled by poverty to bring their children to the fields with them.

We are committed to change US child labor laws so that they do not discriminate against Latino children.

We envision a future in which the sons and daughters of migrant children have the same educational opportunities as other children and are able to fully participate in the American dream.

As César and his beloved farmworkers often chanted, “Sí, se puede – Yes, we can!”

Breast milk for sale? – National Consumers League

The New York Times reported recently (“Breast Milk Becomes a Commodity, With Mothers Caught Up in Debate”) that companies are buying breast milk from mothers, condensing it down and selling it to hospitals for treatment for extremely premature infants in intensive care. The milk is tested for viral infections, nicotine, drugs of abuse, dilution, and adulteration. The women supplying the milk must take blood tests for infectious disease, provide notes from the doctor saying they and their baby are healthy, and must furnish DNA samples, which helps to ensure that the milk is theirs. All of which is good public policy and makes sense.

Breastfeeding is good for babies and good for mothers. Kids who are breastfed have much lower incidence of allergies and a recent Brazilian study found that they have higher IQs and are more likely to earn more. For moms, breastfeeding seems to reduce the incidence of cancer.

There’s been a lot of chatter after the Times article about selling breast milk. Another mother weighed in as well, in a piece called “Give Breast Milk,” noting that Prolacta Bioscience and Medolac are two companies that buy the milk, fortify it, concentrate it, and sell it to hospitals.  While they pay very little for the milk  – apparently $1 an ounce, compared to what they sell it to hospitals for, $180 an ounce. Sounds like an awful big mark up, even for what they do to make it effective for treating preemies.  I have no problem with women selling their breast milk, but they should just get paid decently for it. 

Which brings me back to the original issue. Anything that gets more women to breastfeed is – in my view – a good thing. So paying for breast milk, especially from healthy women of limited means, seems like a fine idea. Men are paid for their sperm; why shouldn’t women sell their breast milk?  And as the obesity epidemic grows, breastfeeding can burn up to 900 calories a day and help women take off their pregnancy weight very fast. All of which seems like a win-win: Mom breastfeeds her own baby, that’s good, and then make a little extra money by pumping and selling the milk, which eventually gets used by premature infants struggling to get bigger and healthier.

I realize that not everyone agrees. The Black Mothers’ Breastfeeding Association is quoted in the article saying, “We are very concerned that women will be coerced into diverting milk that they would otherwise feed their own babies.”  Fair enough, but what if paying women for their milk increased the number who breastfeed significantly? I think that is worth the relatively benign downside the critics have cited. We just need to ensure that women are getting a fair price for their breast milk contributions.