NCL welcomes long-overdue OSHA silica rule – National Consumers League

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March 25, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC–The National Consumers League (NCL), the nation’s pioneering consumer and worker advocacy organization, is welcoming news that the U.S. Department of Labor will release a long-awaited and long-overdue standard on silica. The following statement may be attributed to NCL Executive Director Sally Greenberg, who testified before the U.S. Occupational Safety and Health Administration (OSHA) on the issue in 2014:

An estimated 2.2 million American workers are exposed to silica dust every year, with about 1.8 million of those working in construction. Exposure can lead to silicosis, as well as increased susceptibility to lung cancer, kidney disease, and autoimmune disorders.

The current silica standards, adopted more than 40 years ago, are badly outdated, and the new silica regulations would limit levels of dust exposure for workers and prevent an estimated 1,600 new cases of silicosis.

NCL commends the DOL staff and leadership for their steadfast work to bring this rule to fruition. 

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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.

National Consumers League calls on Senate to add additional consumer protection provisions to FAA Reauthorization Act – National Consumers League

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March 21, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL) today called on Congressional leaders to build on the bipartisan support for pro-consumer amendments to the Senate’s Federal Aviation Administration (FAA) Reauthorization Act as the bill moves toward a vote on the floor of the Senate.

Last week, thanks to the diligent work of Senators Blumenthal, Klobuchar, Markey, and Nelson, the Senate Commerce Committee passed a FAA Reauthorization Act that includes many pro-traveler provisions that address concerns consumers have voiced for years. Requirements including airlines refund baggage fees when luggage arrives late, increased fee disclosure rules, and improvements to the Department of Transportation (DOT) complaint process are all provisions of the bill that will improve the flying experience for millions of travelers. However, there remain many serious issues that need to be addressed as the bill moves toward a floor vote.

In particular, NCL urges the full Senate to improve the bill by passing pro-consumer amendments like Senator Markey’s FAIR Fees Act, which received bipartisan support to prohibit air carriers from imposing fees that are “not reasonable and proportional” to the costs incurred by the air carriers. The Senate should also approve Senator Schumer’s proposal to require the FAA to establish minimum seat and seat pitch size standards.

“Industry consolidation, cheap fuel, packed planes, and a never-ending list of fees have combined to drive airline industry profits to historic levels,” said Sally Greenberg, NCL executive director. “The Senate Commerce Committee took the first step, and now it’s time for the full Senate to step in and ensure that the industry’s profits are not coming at the expense of consumers’ safety and pocketbooks.”

The FAA Reauthorization Act is also an important opportunity for the Senate to act on NCL’s recommendations that additional consumer protections be mandated to protect the flying public including:

  • Mandating that all ancillary fee data be reported so that consumers can compare flights based on the true cost of flying, not just a deceptively low base fare;

  • Giving the Department of Transportation authority to regulate unfair and deceptive acts and practices in the market for travel insurance;

  • Requiring travel insurance loss ratios to be reported, as the Affordable Care Act requires of health insurance providers;

  • Tiering cancellation fees based on the proximity of the travel dates;

  • Allowing consumers to transfer their tickets to another traveler without incurring a fee; and,

  • Eliminating standby fees for missed flights.

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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.

Consumer group letter to FAA regarding reauthorization bill – National Consumers League

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March 16, 2016

The Honorable John Thune
Chairman
Committee on Commerce, Science, & Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

The Honorable Bill Nelson
Ranking Member
Committee on Commerce, Science & Transportation
United States Senate
512 Dirksen Senate Office Building
Washington, DC 20510

Dear Senators Thune and Nelson:

The American air travel industry has, in less than a decade, consolidated from nine national carriers to just four today. Between them, American, Delta, Southwest and United control 80% of the market for domestic air travel.[1] Consolidation, combined with cheap fuel, increasingly cramped cabins and a litany of fees, has enabled the airlines to post their highest profits on record — $14.1 billion for the Big Four airlines alone. The industry’s record profits are set to continue as far as the eye can see, and are estimated at $33 billion in 2016, according to the International Air Transport Association.

As the Commerce Committee considers S.2658, the Federal Aviation Administration Reauthorization Act of 2016, consumer organizations ask that you support measures to ensure that these profits are not coming at the expense of the wallets, care, and safety of the flying public. To achieve this, the undersigned organizations urge you and your colleagues to strengthen S.2658 by approving a number of consumer protection amendments.

Specifically, we ask that you support the following amendments:

  • Blumenthal_6 – The average American is today 20-30 pounds heavier and an inch taller that in 1960.[2] However, airlines have reduced average legroom from 35 inches in 1970 to 31 inches today. Average seat width has shrunk from 18 inches to 16 ½ inches in the same timeframe.[3]  There are also far more people occupying those shrinking seats. The average flight is now 85% full – an industry record.[4] This amendment would freeze further seat size reductions while the Department of Transportation (DOT) establishes minimum standards for safe seat size for egress and for passengers’ ability to move around and avoid such conditions as deep vein thrombosis, a condition associated with long airline flights.
  • Blumenthal_7 – The Federal Aviation Administration (FAA) hasn’t studied whether reductions in seat sizes have affected the ability of consumers, including people with disabilities, to evacuate safely in the event of an emergency. This amendment would require the FAA to conduct a review and update its regulations on emergency evacuations.
  • Blumenthal_10 – This amendment provides consumers with a private right of action against unfair and deceptive practices by an air carrier, foreign carrier, or ticket agent. This amendment would add much-needed enforcement resources, through a private right, against abuses of the flying public by airlines.
  • Blumenthal_11 – This amendment prevents air carriers from claiming that federal law preempts consumers and states from bringing claims under state consumer protection laws. This would strengthen the ability of consumers and state attorneys general to hold airlines accountable for abuses against the flying public.
  • Blumenthal_15 – In 2015, consumers spent an estimated $3.8 billion on baggage fees alone.[5] This amendment would require the Government Accountability Office to conduct a report on the effects of baggage fees on increased airport security costs and other economic disruptions.
  • Blumenthal_18 – This amendment would prohibit the use of electronic cigarettes on board an aircraft.
  • Blumenthal_29 – This amendment would extend the charter of the Advisory Committee on Aviation Consumer Protection until 2022, protecting a key venue for consumer concerns about the airline industry to be heard on the record.
  • Blumenthal_30 – The value of a robust consumer complaint database has been demonstrated by numerous federal agencies, including the National Highway Traffic Safety Administration, the Consumer Product Safety Administration and the Consumer Financial Protection Bureau. This amendment would require airlines to forward consumer complaints to the DOT and make those publicly available.
  • Blumenthal_34 – This amendment would require the DOT to examine airlines’ agreements to provide alternative flights on another airline in the event of a delayed or cancelled flight.
  • Blumenthal_35 – This amendment would empower the DOT to investigate unfair or deceptive practices in the offering- and coverage provided by –  flight cancellation insurance, an issue raised in a 2013 report on travel insurance.[6]
  • Blumenthal_37 – This amendment would require airlines to provide automatic refunds of baggage fees if a bag is delayed by more than 6 hours (12 hours for international flights) or damaged.
  • Blumenthal_40 – This amendment would prohibit air carriers from limiting access by consumers to information about schedules, fares and fees. This would do much to allow online ticketing agents and travel search engines to develop tools that can accurately show the true cost of flying, including fees.
  • Markey_20 – The airlines are seeing their profits surge largely because of a range of add-on fees that bear little relation to cost of the services provided.[7] This amendment, originally offered as a the Forbid Airlines from Imposing Ridiculous Fees Act of 2016 (FAIR Fees Act) by Senators Markey and Blumenthal, would prohibit air carriers from imposing ancillary fees that are not reasonable and proportional to the costs incurred by the air carriers.

U.S. airlines have long argued that competition, driven by industry deregulation, would provide a check on anti-consumer conduct in the industry. However, as the American airline industry has consolidated, competitive pressures have vanished, leaving consumers to bear the brunt of higher fees, less space and atrocious service. With complaints skyrocketing, consumers are telling Washington “enough is enough.”[8] S. 2658 is an important opportunity for Senators on this Committee to promote greater transparency and accountability on the part of the airlines. We urge you to support these important amendments.

Sincerely,

Sally Greenberg
Executive Director
National Consumers League

Linda Sherry
Director, National Priorities
Consumer Action

Susan Grant
Director of Consumer Protection and Privacy
Consumer Federation of America

George Slover
Senior Policy Counsel
Consumers Union

Ed Mierzwinski
Consumer Program Director
U.S. PIRG

CC: Members of the Senate Commerce Committee

 

[1] Mutzbaugh, Ben. “Era of airline merger mania comes to a close with last US Airways flight,” USA Today. October 16, 2015. Online: https://usat.ly/1OxPQll

[2] Remarks of Congressman Steve Cohen. “INTRODUCTION OF SEAT EGRESS IN AIR TRAVEL (SEAT) ACT,” Congressional Record. February 8, 2016.

[3] Elliott, Christopher. “Your airplane seat is going to keep shrinking,” Fortune. September 12, 2015. Online: https://fortune.com/2015/09/12/airline-seats-shrink/

[4] Bureau of Transportation Statistics T-100 Segment data. Online: https://www.transtats.bts.gov/Data_Elements.aspx?Data=5

[5] Bureau of Transportation Statistics. “Baggage Fees By Airline 2015,” December 15, 2015. Online: https://www.bts.gov/content/baggage-fees-airline-2015

[6] National Consumers League. “Air travel insurance big bucks, little protection,” Press release. September 2013. Online: https://nclnet.org/air_travel_insurance_big_bucks_little_protection

[7] Mutzabaugh, Benjamin. “Airlines collected record baggage fees in 2012,” USA Today. May 15, 2013. Online: https://www.usatoday.com/story/todayinthesky/2013/05/14/airlines-collected-record-baggage-fees-in-2012/2158983/ (“The airlines took in $159.5 billion in revenue last year and had expenses of $153.6 billion, according to the government. That 3.7% profit margin comes entirely from the baggage and change fees.”)

[8] Department of Transportation. “2015 Airline Consumer Complaints Up From Previous Year,” Press Release. February 18, 2016. Online: https://www.bts.gov/newsroom/2015-airline-consumer-complaints-previous-year

NCL calls on car services to ‘do the right thing’ and avoid gouging consumers during Metro shutdown – National Consumers League

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March 16, 2016

Contact: Carol McKay, (412) 945-3242, carolm@nclnet.org | Sally Greenberg, (202) 631-2301, sallyg@nclnet.org

Washington, DC—With this morning’s WMATA Metrorail service shutdown, the National Consumers League (NCL) is calling on car services including taxis and ride sharing services to do the right thing and abstain from fare-increase practices such as surge pricing or added surcharges. The following statement can be attributed to Sally Greenberg, executive director of the DC-based consumer group.

“Many Washington-area consumers are facing a difficult day today, and we urge companies to not further inconvenience consumers who have limited transportation options by charging exorbitant fees. Just like any other day, consumers will need to get to work, to doctors appointments, and to hospital visits, and many will have to scramble to find ways just to get their kids to school. Taxi and ride-sharing services perform a critical public service, especially in a time of crisis like today. We call on them to do the right thing: resist the temptation to take advantage of this unfortunate situation, cap rates, and ensure reasonable accessibility while Metro is out of service due to safety concerns.”

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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.

NCL: Identity theft complaints rise 47 percent in 2015, FTC report finds – National Consumers League

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March 2, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—New data from the Federal Trade Commission highlights the continuing threat of identity theft to millions of consumers. In its Consumer Sentinel Network Data Book, the Commission reported a 47 percent year on year increase in identity theft complaints. As it has been for the preceding 15 years, complaints about identity theft remain among the top scams consumers report to the Commission.

“Nearly half a million complaints sends a clear message: more needs to be done to protect consumers from identity fraud,” said National Consumers League Executive Director Sally Greenberg. “One of the key drivers of the identity theft threat is the continuing flow of consumers’ personal information to fraudsters thanks to the ongoing epidemic of data breaches. The FTC’s new data should be a clanging alarm bell to policymakers in Washington and beyond that an election year is an excuse to take their feet off the gas pedal when it comes to pushing for real data security reform.”

According to Javelin Strategy & Research, nearly 1 in 3 data breach victims will experience identity fraud.  As information on tens of millions of consumers affected by data breaches continues to fall in to the hands of cybercriminals, it is likely that millions more consumers will suffer from identity fraud.

Again this year, the Data Book identified tax and wage-related identity theft as a top source of identity theft complaints to the FTC. With the recent data breach at the Internal Revenue Service, it is very likely this type of fraud will continue to affect consumers this year. While there is no fool-proof way to prevent tax ID theft, NCL has published a step-by-step guide to spotting and recovering from this fraud.

For policymakers, the need for reform should be clear. Ensuring that companies collecting consumers’ data protect it is critical to bringing down rates of identity fraud. However, without leadership from Washington, businesses and other entities that amass vast troves of consumer data will have little incentive to put data security ahead of profits.

Unfortunately, real reforms to improve data security have languished in Congress while hackers and other cyber-crooks have had a field day at consumers’ expense.  That’s why NCL has called on policymakers to adopt NCL’s Congressional Data Security Agenda. The agenda calls for reforms that:

  • Create a national data breach notification standard, while protecting strong state laws like California’s;
  • Require data holders to abide by reasonable data security requirements;
  • Clarify and strengthen the FTC’s data security authority;
  • Promote robust cyber-insurance underwriting standards;
  • Increase federal civil and criminal penalties for malicious hacking; and
  • Strengthen international anti-cybercrime partnerships.

“We know that these nearly 500,000 identity theft complaints are likely just the tip of the iceberg. Far too many identity theft victims don’t report the crime, if they’re even aware of it,” said NCL Vice President of Public Policy, Telecommunications and Fraud John Breyault. “Consumers can take steps to mitigate their risk of identity theft, but they can’t prevent it entirely. That’s why we need leaders in Washington to help make sure that the companies that hold consumers’ data protect it to the greatest extent possible.”

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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.

NCL releases ‘11 surprising facts you didn’t know about caffeine’ – National Consumers League

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March 1, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—During March, which claims title to National Nutrition Month and Caffeine Awareness Month, the National Consumers League (NCL) is raising consumer awareness on the world’s most consumed “pick-me-up.” Caffeine is an especially appropriate topic given that the recently published 2015-2020 Dietary Guidelines for Americans includes recommendations on caffeine consumption. 

 “Caffeine consumption is widespread in the United States, with 85 percent of the population drinking at least one caffeinated beverage per day,” said Sally Greenberg, NCL’s executive director.  “Although most Americans have a daily caffeine ritual, many might not know about caffeine, including the latest recommendations from the official U.S. Dietary Guidelines for Americans.”

In the interest of informing American consumers and promoting moderation, NCL provides the following 11 things you likely did not know about caffeine:

1. The world’s top caffeine consuming nations include Sweden, Norway, Denmark, and the Netherlands.
2. Caffeine has been consumed by humans for thousands of years. It is reported that tea was first consumed in China as early as 3000 BC, and there is evidence of coffee consumption as early as the 9th Century in Ethiopia.
3. The principal dietary sources of caffeine remain largely unchanged, and the Dietary Guidelines confirm that most intake of caffeine in the United States continues to come from coffee, tea, and soda.
4. The recently released Dietary Guidelines conclude that moderate coffee consumption (up to 400 mg/day of caffeine) can be part of a healthy eating pattern. Moderate caffeine intake of up to 400 mg/day has also been found to be safe by Health Canada and the European Food Safety Authority.
5. On average, caffeine intake of American adults ranges from 110 mg/day (for women ages 19-30) up to 260 mg/day (for men ages 51-70) and U.S. dietary patterns indicate that caffeine intake has remained steady over the past decade.
6. The following are examples of how much you would have to consume to reach 400 mg of caffeine.

    • 16.6 servings of green tea (24 mg caffeine/8 fl. oz.)
    • 11.5 servings of brand cola (average 35 mg caffeine/12 fl. oz.)
    • 8.5 servings of black tea (47 mg caffeine/8 fl. oz.)
    • 5 servings of Red Bull energy drink (80 mg caffeine/8.4 fl. oz.)
    • 4.2 servings of regular brewed coffee (95 mg caffeine/8 fl. oz.)
    • 2.2 servings of coffee house coffee (180 mg caffeine/8 fl. oz.)
    • 2 servings of 5-Hour Energy (200 mg caffeine/2 fl. oz.)
    • 1 serving of 10-Hour Energy shot (422 mg caffeine/2 fl. oz.)

7. Some animals should not consume caffeine. Dogs, cats, and birds cannot metabolize caffeine, so don’t feed your pets chocolate or anything with caffeine!
8. Caffeine is sometimes found in surprising places like orange soda, lemonade, and enhanced water beverages.
9. Amounts of caffeine in “cold brewed” coffee can be astonishing. These products may contain as much as 2,160 mg of caffeine per 32 fl. oz. bottle (that’s the equivalent of about 23 cups of home brewed coffee, 62 cans of cola, or 45 cups of black tea!).
10. Caffeine is found naturally in over 60 plants, and it is also produced synthetically and added to some products including soft drinks and energy drinks. As the actual source of caffeine does not matter, the Dietary Guidelines treat caffeine holistically, focusing on the ingredient itself whether naturally-occurring, synthetic, or a combination of both—versus individual caffeinated products. 
11. The 2015-2020 Dietary Guidelines find strong and consistent evidence that moderate caffeine consumption in healthy adults is not associated with an increased risk of major chronic diseases (e.g., cancer, heart disease) or premature death. 

FDA currently requires food labels to disclose added caffeine as an ingredient, but the label is not required to provide the amount of caffeine. Consequently, very few products voluntarily list the total amount of caffeine they contain, although some companies, like Red Bull and Monster, and some soft drinks, provide this information voluntarily.  

“To be able to track of caffeine intake and use the 400 mg/day moderate level of intake as an upper limit guideline for recommended intake, consumers need to know how much caffeine is in the foods and beverages they consume,” said Greenberg. “To maximize transparency for consumers, NCL believes that all products containing caffeine should declare the amount of caffeine per serving—and per container—on the label.”   

Although there is wide use of caffeine, caffeine is not for everyone. The 2015-2020 Dietary Guidelines recommend that pregnant women, those who may become pregnant, and those who are breastfeeding should consult their health care providers for advice concerning caffeine consumption. Although the Guidelines are silent on other population groups, it is scientific consensus that everyone is different when it comes to caffeine. Children and teens should generally consume less caffeine due to their lower body weights (and parents should monitor). 

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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.

New report: Fake online sales top 2015 scams list – National Consumers League

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March 1, 2015

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, has released its annual compilation of the top ten scams reported to Fraud.org, NCL’s flagship project for fraud prevention and education. Based on an analysis of more than 10,000 fraud complaints submitted by consumers to Fraud.org in 2015, NCL is warning consumers to beware Internet merchandise sales scams.

For the third year in a row, Internet merchandise scams topped the list of complaints reported to Fraud.org in 2015. These scams typically involve an online ad for goods, such as designer apparel, electronics, and similar high-end items, priced far below their retail value. When a consumer tries to purchase the item, it either never arrives, or a different, inferior, or counterfeit item arrives in its place. Among all complaints where the method of initial contact was online, Internet merchandise complaints made up nearly half of the complaints (43.92%).

“Consumers are always on the lookout for great deals,” said John Breyault, vice president, public policy, telecommunications and fraud at the National Consumers League. “Unfortunately, scammers know this all too well and prey on shoppers by offering seemingly unbeatable deals as a way to trick them into paying for something that doesn’t exist. The key is for buyers to do their due diligence to make sure that the “deal,” isn’t just a scam.”

Another trend observed in 2015: refund and recovery scams are on the rise, as the fastest-growing type of scam reported to Fraud.org in 2015. In refund and recovery scams, con artists either pose as debt collectors who contact victims and claim they owe money on a fictitious debt or as services offering help recovering money lost in a previous scam. The scams ranked third overall in total number of complaints and first in phone-based complaints. Complaints about refund and recovery scams increased by more than 70% compared to that in 2014. Phony prizes and sweepstakes also remained high on the list at #2 of all complaints.

“The fight against fraud is never-ending, as criminals refine their approaches to swindling consumers,” said NCL Executive Director Sally Greenberg. “We are particularly concerned about telephone-based scams, which remain a constant threat despite changes in the way we communicate.”

For the third year in a row now, the telephone was the most frequent way that fraudsters reached their victims in 2015. The telephone was reported by 46.27% of complainants as the way that they were first contacted by a scam artist, ahead of the Web (32.16%), email (11.04%) and postal mail (6.38%).

Consumers who have been approached by people they suspect of being fraudsters, or who have already fallen victim, should be sure to report their experiences to Fraud.org. Newly redesigned, Fraud.org is an online hub where consumers can submit complaints that are shared with our network of more than 90 federal, state, local, and international law enforcement and consumer protection partners. In addition, Fraud.org offers a wealth of consumer education materials that consumers can use to arm themselves with the information they need to avoid falling victim to fraud.

Read the full 2015 top ten scams report.

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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 https://nclnet.org.

Consumer group letter to FTC on unwanted software – National Consumers League

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February 25, 2016

The Honorable Edith Ramirez, Chairwoman
Federal Trade Commission
600 Pennsylvania Avenue, NW
Washington, DC 20580

Dear Chairwoman Ramirez,

On behalf of the undersigned consumer organizations, we are writing to ask the Commission to hold a workshop to examine the factors underlying the troubling growth of unwanted software (also known as “potentially unwanted programs”) and its impact on computer users.

Unwanted software are programs that consumers install inadvertently, typically because the program is bundled (often deceptively) with another program that the consumer intends to install. A common form of unwanted software are so-called “ad injectors,” which can cause Web advertisements to appear where they are not expected (e.g. a weight-loss advertisement on a children’s website). In particular, we are concerned that unwanted software may disable security updates to operating systems, Web browsers or other essential software. This can leave consumers’ computers especially vulnerable to malware infections and raise the risk of fraud such as identity theft.

The Commission has repeatedly recognized the harm caused by unwanted software via numerous enforcement actions, its 2004 spyware workshop and consumer education materials. However, troubling data has come to our attention that suggests unwanted software continues to be significant concern for the safety and security of consumers’ computers.

For example, a May 2015 study by researchers from Google, the University of California, Berkeley, and the University of California, Santa Barbara found that 5% of visitors to Google’s services—tens of millions of users—had at least one piece of unwanted software installed on their computer. Within that group, nearly one-third of users had at least four pieces of unwanted software infecting their machines. It is expected that fraud linked to unwanted software will cost businesses $7.2 billion in 2016, an increase of nearly $1 billion from 2015, according to the digital security firm WhiteOps.

Consumers benefit from the wide availability of free software. However, we fear that this benefit could be threatened given the growing scope of the unwanted software problem.

We therefore urge the Commission to convene a workshop to reexamine the problem of unwanted software and determine whether additional Commission action beyond what was proposed in the 2005 spyware staff report is necessary. Such a dialogue would also provide valuable guidance to Web advertisers and software providers who wish to support the continued availability of free software for consumers.

We applaud the FTC’s ongoing work to protect consumers from unwanted software. With additional focus on this issue, we believe that the Commission’s efforts will greatly benefit the consumers we represent. Should you have any questions, please do not hesitate to contact John Breyault, National Consumers League vice president of public policy, telecommunications and fraud, at your convenience.

Kind regards,

 

Ed Bartholme, Executive Director, Call for Action

John D. Breyault, Vice President of Public Policy, Telecommunications and Fraud, National Consumers League

Katharina Kopp, Director of Privacy and Data Project, Center for Democracy and Technology

Linda Sherry, Director, National Priorities, Consumer Action

Marceline White, Executive Director, Maryland Consumer Rights Coalition

 

NCL welcomes Senate’s confirmation of new FDA Commissioner Dr. Robert Califf

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February 24, 2016

Contact: NCL Communications, Cindy Hoang, cindyh@nclnet.org, (202) 207-2832

Washington, DC—The National Consumers League (NCL), the nation’s pioneering consumer advocacy organization, is pleased to learn of the Senate’s confirmation of Dr. Robert Califf as the new head of the U.S. Food and Drug Administration (FDA). The following statement can be attributed to NCL Executive Director Sally Greenberg:

NCL enjoys a long-standing, valued partnership with the FDA, as well as positive relationships with its commissioners. We welcome Dr. Califf to his new role at this important federal agency. Dr. Califf’s impressive academic background and expertise in cardiovascular medicine and quality of care, along with his record of serving on FDA panels and engaging in other FDA-related activities, suggest he will be a strong, experienced, and thoughtful leader at the agency.

In the last few months, we have had the opportunity to meet and speak in detail with Dr. Califf during a fireside chat-style discussion at a meeting of our Health Advisory Council. We look forward to future collaborations with the FDA and expect that under Dr. Califf’s leadership, the agency will ensure that patient and consumer protection remain the highest priority.  

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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.

John Breyault remarks at Sen. Blumenthal press conference on airline fees – National Consumers League

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February 22, 2016

Hartford, CT–Good morning. My name is John Breyault and I am the Vice President of Public Policy, Telecommunications and Fraud at the National Consumers League. Based in Washington, DC, NCL is the nation’s oldest nonprofit consumer and worker advocacy organization.

Before I begin, I’d like to thank Senator Blumenthal for inviting NCL to speak today and for his leadership in the U.S. Senate. Since his days as a U.S. attorney, state legislator and Attorney General here in Connecticut and now as a U.S. Senator in Washington, he continues to be one of the greatest friends consumers have.

I am here today to express the concerns of millions of travelers nationwide at the ever-growing list of fees that the American airline industry is demanding from its customers. This is an industry that in less than a decade has consolidated from nine national carriers to just four major ones. Combined, American, Delta, Southwest and United control 80% of the market for domestic air travel. Thanks to this consolidation, cheap fuel, reducing seat sizes and a litany of fees, the industry last year posted its highest profits on record — $14.1 billion for the Big Four alone. And the industry’s record profits are set to continue for the foreseeable future – $33 billion in 2016 according to the International Air Transport Association.

While we applaud the industry’s ability to make money for its workers and shareholders, we believe that these “blowout” profits (as one analyst put it) are coming at the expense of consumers’ pocketbooks and safety.

We share Senator Blumenthal’s concerns about the proliferation of egregious add-on fees in the air travel industry. Only in an industry as opaque as this one could they expect to get away with calling a $650 add-on fee a “carrier-imposed surcharge.” That’s on top of $200 cancellation fees, $25 bag fees, $125 in-cabin pet fees (American), $150 unaccompanied minor fees (Delta), $25 reservation by phone fees (JetBlue), $75 name change fees  (Frontier) and literally dozens of other penalties and add-on costs. For goodness sake, there’s even a $150 antler fee, per rack! (Delta)

These charges can add hundreds of dollars to the price of a ticket, yet consumers too often have to click through page after page of airline websites to get an accurate picture of what flying will actually cost them. And forget about being able to easily compare prices across airlines. For far too many consumers it feels like you need to break out a slide rule just to figure out what is the best deal for flying to grandma’s house. And don’t let the airlines kid you. All this nickel-and-diming adds up to big bucks. Cancellation fees alone contributed an estimated $3 billion in revenue for the industry in 2015 (BTS). I’ve seen no indication that these fees are in any way related to cost for the airlines. It appears that “whatever the market will bear,” is the modus operandi when it comes to airline fees.

Consumers are fed up and are speaking out. Last week, the U.S. Department of Transportation reported a 30% year-on-year increase in consumer complaints about the airlines. This comes despite repeated assurances from the industry that they are reinvesting revenue from all those fees in an improved customer experience.

Our simple question is this: “If, as the airlines argue, consumers are willing to put up with all the fees as long as ticket prices are low, why are complaints skyrocketing?”

Airlines are, of course, free to charge whatever fees they want, but they shouldn’t be able to hide those costs from consumers by making fee information difficult to obtain. Consumers should be able to easily and accurately compare the cost of flying — including add-on fees — across airlines so that they can get a full picture of exactly how much a particular trip is going to cost.  

This is why we feel it is so important for the Department of Transportation to require mandatory reporting of all ancillary fees. The DOT has proposed rules that would require basic reporting of such fees. However, we believe these rules can and should require much greater detail from the industry. Should the DOT fail to put in place adequate disclosure rules for consumers, we would urge Congress — with the help of leaders like Senator Blumenthal — to step in and require greater fee transparency. We hasten to add that disclosure is only a first step. Reining in these punishing fees is high on NCL’s list of much-needed consumer protections.

In conclusion, I would again like to express my thanks to Senator Blumenthal on behalf of the National Consumers League and consumers nationwide for raising this important issue. We look forward to continuing to work with him and other pro-consumer leaders in Congress to push forward reforms that promote fair dealing and fair treatment of airline passengers.