The Survive and Thrive Boomer Guide

Recall of the Week: Optimus infrared quartz radiant heaters due to fire hazard

Optimus is recalling about 355,000 portable infrared quartz radiant heaters.

The heater design can fail to prevent ignition of nearby combustible materials that come in contact with the unit, posing a fire hazard to the consumer, according to the company and the U.S. Consumer Product Safety Commission.

This recall involves two models of Optimus infrared quartz radiant heaters with model numbers H-5210, produced in 2011 and H-5211, produced in 2012.

The model number and the year of production are located on a label on the back of the heater. The recalled heaters are white and are approximately 12-inches wide by 13-inches tall by 6-inches deep. “Optimus” is printed on the top left of the heater. The control knob is located on the top right side of the heater.

No injuries have been reported.

Manufactured in China, the heaters were sold at Best Buy Market Place, Family Dollar, Heartland, Northern Tool,  Rite Aid, and other stores nationwide and online at Amazon.com, ebay.com, and Walmart.com from October 2011 through December 2012. The cost was between $25 and $30.

Consumers should immediately stop using the recalled heaters and contact Optimus to request a free replacement heater, the company and the commission advise. Consumers have the option of a comparable ceramic heater or new model quartz radiant heater, model H-5510, which will be available after August 2013.

For more information, call Optimus Enterprise Inc. at 888-672-5832 from 10 a.m. to 12:30 p.m. and 1:30 p.m. to 3 p.m. PT Monday through Friday, or go to www.optimusent.com and click on “recall.” Consumers can also e-mail the firm at return.optimus@gmail.com.

For details on other recalls, see www.recalls.gov.

Copyright 2013, Rita R. Robison, Consumer Specialist

Recall of the Week: Louisville Slugger OneX Fastpitch softball bat due to injury hazard from breakage

Hillerich & Bradsby Co. is recalling about 13,000 Louisville Slugger OneX Fastpitch softball bats.

The bat’s barrel can separate from the handle during use and strike people nearby, according to the company and the U.S. Consumer Product Safety Commission.

About 170 bat handle separations have been reported to the company. The company said a barrel from a broken bat hit a player in the shin.  

The recalled bats include all OneX style bats. The composite bat has a white and grey shell with blue and yellow lettering. “Louisville Slugger oneX” appears twice on the barrel, in yellow in one place and in blue lettering on the other side.  The “X” is yellow in both places. 

Manufactured in China, the bats were sold nationwide at sporting goods and other retail stores and were distributed to college amateur competitive softball teams from about May 2012 through February 2013 for about $350.  

Consumers should immediately stop using the bat and contact Hillerich & Bradsby for a free replacement bat and the choice of an additional free item, the company said.

For details, call Hillerich & Bradsby at 800-282-2287 from 8 a.m. to 6:30 p.m. ET Monday through Friday or go to www.slugger.com and click on Recall.

For information on other recalls, see www.recalls.gov.

Copyright 2013, Rita R. Robison, Consumer Specialist

Attorney general charges two big banks are violating terms of mortgage settlement

New York Attorney General Eric T. Schneiderman plans to sue Bank of America and Wells Fargo for repeatedly violating the terms of the National Mortgage Settlement.

Signed in 2012, the settlement requires the nation’s five largest banks to improve their customer service practices by complying with new mortgage rules called servicing standards. Among these are four requirements spelling out the timeline for banks to process mortgage modification applications.

Violations documented

Schneiderman’s office has documented 339 violations of those standards by Wells Fargo and Bank of America since October 2012.

In response to complaints from New York homeowners put at risk by these banks’ violations of the standards, Schneiderman sent a letter to the agencies that oversee the settlement informing them that he intends to sue Wells Fargo and Bank of America.

Terms of the settlement

Last year, Schneiderman joined 48 states, the U.S. Department of Justice, and the five largest mortgage servicers in negotiating the settlement. The agreement includes $25 billion for 49 states and requires consumer relief, such as mortgage modifications for at-risk homeowners, which could include lower-interest rates and principal reductions.

The settlement also includes 304 “servicing standards,” which participating servicers are required to follow and are intended to make it easier for homeowners to seek loan modifications. The servicing standards were included in the settlement to address long-standing complaints from consumers and advocates that servicers agreeing to the settlement – Ally Financial/GMAC, JP Morgan Chase, Citibank, Bank of America, and Wells Fargo – often failed to provide fair and timely services to their customers.

The servicing standards include: a prohibition against dual tracking, the practice of negotiating a loan modification with a borrower while at the same pursuing foreclosure; a requirement that every customer requesting assistance be assigned a single point of contact; and requirements that set out the timeline in which the servicers must respond to customers who are actively seeking loan modifications.

Settlement enforcement

The settlement agreement also provides that any party to the settlement may bring an enforcement action in U.S. District Court for the District of Columbia following a 21-day notice to the Monitoring Committee set up to enforce the agreement.

During the 21-day notification period, the committee may choose to pursue legal action on behalf of the party using the committee’s own authority under the settlement, or they can defer action. If the committee defers, then the complaining party may pursue the legal claim on its own after waiting an additional 21 days.

On Friday, Schneiderman sent a letter to the monitor and to each member of the Monitoring Committee notifying them of his intention to bring a legal claim if the committee doesn’t act. The letter includes written complaints against Bank of America and Wells Fargo and back up documentation showing the severity of the violations.

The Neighborhood Economic Development Advocacy Project, New York Communities for Change, Center for New York City Neighborhoods, Empire Justice Center, Faith NY, South Brooklyn Legal Services, housing counseling agencies, and legal services organizations assisted Schneiderman office in documenting violations by the banks.

Many of the organizations are grantees of the Attorney General’s Homeowner Protection Program, or HOPP, a three year, $60 million effort to fund housing counselors and legal services providers to help homeowners avoid foreclosure.

Attorney General Schneiderman’s letter to the Monitoring Committee can be found at www.ag.ny.gov/pdfs/Letter%20to%20Monitoring%20Committee%20NYS%20AG%205%206%2013.pdf.

Copyright 2013, Rita R. Robison, Consumer Specialist

Recall of the Week: Target Giada De Laurentiis lasagna pans due to laceration hazard

Target Corp. is recalling about 148,700 Giada De Laurentiis ceramic 9 by 13 inch lasagna pans.

The pan can break causing sharp edges and posing a laceration hazard, Target and the U.S. Consumer Product Safety Commission said.

Target has received 39 reports of the pan or its handles breaking or cracking during normal use, with cuts and lacerations occurring in six of those cases.

The recall involves Giada De Laurentiis-branded ceramic lasagna pans. The cream-colored pans are 9 by 13 inches in size, and they were sold individually and as part of a six-piece set.  The bottom of the pan is stamped “Giada de Laurentiis for Target.”

Manufactured in China, the pans were imported by Wilton Industries Inc. and Target Corp. The pans were sold in Target stores nationwide and on Target.com from January 2009 through October 2012 for about $22 for individual pans and between $35 and $50 for the six-piece sets.

Consumers should immediately stop using the recalled lasagna pans and return them to any Target store for a full refund, Target and the commission advise. Consumers who purchased the pan as part of the six-piece set should return the lasagna pan only.

For details, call Target at 800-440-0680 from 7 a.m. to 8 p.m. CT Monday through Friday, or visit www.target.com, click on Product Recalls at the bottom of the page, and then select Home & Kitchen. 

For other information on recalls, see www.recalls.gov.

Copyright 2013, Rita R. Robison, Consumer Specialist

Retailers, not importer, recall Buckyballs and Buckycubes high-powered magnet sets due to ingestion hazard

The U.S. Consumer Product Safety Commission, in cooperation with six retailers, is announcing the voluntary recall of all Buckyballs and Buckycubes high-powered magnet sets sold by these companie.

The commission continues to warn that these products contain defects in the design, warnings, and instructions, which pose a substantial risk of injury and death to children and teenagers.

The commission has received 54 reports of children and teens ingesting this product, with 53 of these requiring medical interventions.

Imported by Maxfield & Oberton LLC, Buckyballs and Buckycubes consist of sets of numerous, small, high-powered magnets. These sets vary in the number of magnets included and come in a variety of colors. Individual magnets in the set are about 5 millimeters in diameter. Individual magnets in Buckyballs are spherical and individual magnets in Buckycubes are cube-shaped.

About three million sets of Buckyballs and Buckycubes have been sold in U.S. retail stores nationwide and online since 2010 for between $5 and $100. 

The commission is advising consumers that they should take the high-powered magnet sets and all associated individual magnets away from children and teenagers and contact the retailer from which they purchased the product to obtain instructions for a remedy:

• Barnes & Noble at 855-592-2993 or online at www.barnesandnoble.com and click on “Product Recalls.”

• Bed Bath & Beyond at 800-462-3966 or online at www.bedbathandbeyond.com and select “Safety and Recalls” under Customer Service, then click on Recall Information.

• Brookstone at 866-576-7337 or online at www.brookstone.com and click on “Recall Information” under Shop Brookstone.

• Participating Hallmark retailers at 800-425-5627 or online at http://www.hallmark.com/recall-product/.

• Marbles the Brain Store at 877-527-2460 or online at www.marblesthebrainstore.com.

• ThinkGeek, at 888-433-5788 or online at www.thinkgeek.com/buckyballs/index.shtml.

These retailers have agreed to participate because Maxfield & Oberton has refused to participate in the recall of all Buckyballs and Buckycubes, the commission said. 

In July 2012, the commission staff filed an administrative complaint against Maxfield & Oberton Holdings LLC after discussions with the company and its representatives failed to result in a voluntary recall plan that the commission staff considered to be adequate to address the serious hazard posed by these products.

This type of legal action against a company is rare, as the commission has filed only four administrative complaints in the past 11 years.

Copyright 2013, Rita R. Robison, Consumer Specialist

Attorney general's action a good reminder to beware when selecting a debt management firm

TV ads abound for companies that promise to help you figure out better ways to handle your debts, but an action in Texas is a reminder that consumers need to use caution when selecting debt management companies.

'Debt management' company charged

Texas Attorney General Greg Abbott has charged a Dallas-based “debt management” firm with defrauding its customers.

The state’s enforcement action sought an asset freeze and temporary restraining order against Shane V. Garner and Credit Alliance Group dba Credit Services Today.

The defendant marketed its services through a now-defunct website and direct customer e-mails, according to state investigators. Using purchased leads on individuals with debt-related problems, CAG allegedly contacted prospective customers claiming it would eliminate 20 to 60 percent of their outstanding balances within three years.

CAG promised that customers wouldn’t owe the firm “a dime” if the firm failed to deliver on its claims. However, the state’s investigation revealed that customers were charged up-front fees, sometimes up to 35 percent of the debt they owed, and that CAG failed to deliver on its services.

CAG customers were promised that their payments to the firm would be deposited into separate accounts that would be under their control and managed by the firm, according to court documents filed by the state. However, state investigators found that those promises weren’t honored and that CAG deposited/commingled customers’ funds into its own operating account. As a result, customers had no control over their own money.

In addition, court documents said Garner used customer funds to pay his personal bills. 


CAG clients discovered they couldn’t receive refunds on advance fees paid, nor on the accumulated funds the defendant promised to hold in trust to help manage and resolve their debts, the agency said.

The Attorney General’s Office review of 52 CAG clients’ accounts – out of about 800 – showed that CAG owes these 52 clients more than $180,000 in escrowed funds alone.

So beware if you’re selecting a debt management firm. You don’t want to end up in worse financial condition because of the company you select to help you.

Consumer credit counseling

You can get free or low-cost help from a trained, certified counselor who will assist you in determine the best options for your financial situation. See the National Foundation for Credit Counseling’s website to locate a credit counselor near you.

Money management classes

April is Financial Literacy Month, and you can find classes on managing your finances in most states during Money Smart Week April 22 through 27.

Copyright 2013, Rita R. Robison, Consumer Specialist

Happy Tax Day, April 15

I filed my taxes last week. I’m so happy I have them done.

If you’d like a free item, especially fast food or sugar, on Tax Day, see my article “Companies Offering Free Items to Help Reduce Your Income Tax Stress.”

I’d go get a donut from Krispy Kreme, which is free if you buy milk, or Potato Cakes from Arby’s, but I had wine and chocolate at a fundraiser yesterday and I’m not planning to go out today so a special trip for free items would be a waste of gas.

However, some of the freebies last beyond April 15. Office Depot's offer of free shredding of five pounds of documents expires May 1. I don’t have to worry about the sugar content of that one.

If you get an e-mail from the Internal Revenue Service or the company you used to file your taxes electronically about a problem with your taxes, check it out carefully. Last year, I received a notice my return was incomplete, but it was a legitimate e-mail. Scammers are taking advantage of e-mails like these to get private information so they can steal your money or identity. Be an alert, informed consumer.

Have a great day. If you’re still struggling with your taxes, my best wishes to you.

Copyright 2013, Rita R. Robison, Consumer Specialist

Manda Packing Co. recalls 468,000 pounds of cooked meat, poultry, and deli products due to possible bacterial contamination

Manda Packing Co. is expanding its recall to include about 468,000 pounds of roast beef, ham, turkey breast, tasso pork, ham shanks, hog head cheese, corned beef, and pastrami due to possible contamination with Listeria monocytogenes, the U.S. Department of Agriculture’s Food Safety and Inspection Service announced Friday.

The recall involves products from the company’s Baker, La., facility with sell dates between May 13 and July 2, 2013. Click here for a list of the products, the “sell by” dates, and the establishment number inside the USDA mark of inspection.

The products may have been sliced at retail delis, and if so won’t have this packaging information.

The products were shipped for further distribution, for sale to stores, and for sale to delis in Alabama, Arkansas, Florida, Georgia, Illinois, Kentucky, Louisiana, Mississippi, Missouri, Oklahoma, South Carolina, Tennessee, and Texas.

If consumers purchased one of the recalled products, they can return it to the place it was purchased for a full refund.

The FSIS was alerted to the problem by the Tennessee Department of Agriculture, who collected a sample of cooked roast beef at a retail store on April 5, 2013, which later was found to be positive for Listeria monocytogenes.

The recall is being expanded because more samples from additional production dates have tested positive for Listeria monocytogenes.

The FSIS and the company have received no reports of illnesses associated with eating these products.

Copyright 2013, Rita R. Robison, Consumer Specialist

Virgin America tops list of best airline performance while United Airlines ranks lowest

Airline performance in 2012 was the second highest in 23 years, according to an airline performance rating.

The researchers said that passengers are experiencing better performance by the airlines, although it might cost more to fly.

The performance of the nation's leading carriers in 2012 was nearly identical to the best year in 2011, according to the 23rd annual national Airline Quality Rating prepared by Wichita State University and Purdue University.

Of the 14 carriers rated for performance in 2011 and 2012, seven airlines improved, five airlines declined, and two are new to the rankings, including the overall No. 1 performing airline, Virgin America.

Improvement in two of four areas

Airlines improved in two of the four items in the rating: on-time performance and baggage handling. Involuntary denied boardings and the customer complaint rate were higher in 2012.

The challenge airlines have is whether airline performance quality improvements can be maintained as more people fly, said Dean Headley, associate professor of marketing at Wichita State University.

The airline industry performs most efficiently when the system isn't stressed by high passenger volume and high number of airplanes in the air, Headley said. When there are more planes in the sky and more people flying, airline performance suffers.

The researchers said when two airlines consolidate, it usually the airline quality ratings of the new company usually declines.

Brent Bowen, head of the Department of Aviation Technology at Purdue University, said the researchers will be watching to see if the consolidation of two highly rated carriers, former No. 1 AirTran and Southwest, will reverse the trend.

This year's ratings

Below is the 2013 ranking of the nation's leading 14 airlines, according to the Airline Quality Rating, with the 2012 ranking following the Airline name:

1. Virgin America – new to the ranking this year
2. JetBlue, 3
3. AirTran, 1
4. Delta, 6
5. Hawaiian, 2
6. Alaska, 5
7. Frontier, 4
8. Southwest, 7
9. US Airways, 8
10. American, 10
11. American Eagle, 15
12. SkyWest, 9
13. ExpressJet, not rated in 2011
14. United, 12

The rankings changed most for American Eagle Airlines, from 15 up to 11, for 2012. Virgin America came into the rankings as the top rated airline. JetBlue, 2, and AirTran, 3, both maintained their top positions for 2012.

On-time performance

Hawaiian Airlines had the best on-time performance, with 93.4 percent for 2012, and ExpressJet and American had the worst, with 76.9 percent.

Eight airlines improved their on-time arrival performance in 2012. Nine of the 14 airlines rated had an on-time arrival percentage of more than 80 percent. On-time for the industry in 2012 was 81.8 percent compared to 80 percent in 2011.

Denied boardings

JetBlue had the lowest involuntary denied boardings at .01 per 10,000 passengers. SkyWest had the highest involuntary denied boarding rate at 2.32 per 10,000 passengers.

Overall, five airlines improved their denied boardings rate in 2012. American Eagle recorded the greatest improvement, and SkyWest had the largest decline. JetBlue and Virgin American are the industry leaders in avoiding denied boarding incidents.

Industry performance was worse in 2012, with .97 per 10,000 passengers, than it was in 2011 with .78 per 10,000 passengers.

Baggage handling

Virgin America had the best baggage handling rate, with .87 mishandled bags per 1,000 passengers, of all airlines, and American Eagle had the worst baggage handling rate, with 5.80 mishandled bags per 1,000 passengers, of all the airlines.

Seven of 14 airlines improved their mishandled baggage performance for the year. The rate for the industry decreased from 3.35 per 1,000 passengers in 2011 to 3.07 in 2012.

Consumer complaints

Southwest again had the lowest consumer complaint rate, with .25 per 100,000 passengers, of all airlines. United had the highest consumer complaint rate, with 4.24 per 100,000 passengers, of all airlines rated.

Customer complaints per 100,000 passengers increased from 1.19 in 2011 to 1.43 in 2012. The majority of complaints were for flight problems, 32.7 percent; reservations, ticketing, and boarding, 14.6 percent; customer service, 14.3 percent; and baggage, 12.4 percent.

The researchers invite the flying public to participate in the Annual Passenger Survey at http://www.wichita.edu/aqrconsumersurvey.

Copyright 2013, Rita R. Robison, Consumer Specialist

Most kids’ meals at chain restaurants offer poor nutrition, as fried chicken fingers, burgers, fries, and soda reign

Nearly all of the meals offered to kids at America's top chain restaurants are of poor nutritional quality.

Fried chicken fingers, burgers, French fries, and sugar drinks continue to dominate the kids' meal offerings, according to a report to by the Center for Science in the Public Interest. The report found 97 percent of the nearly 3,500 meal possibilities didn’t meet the center's nutrition criteria for four- to eight-year-olds.

In addition, the center said 91 percent of kids' meals at America's major chains don’t meet the nutritional standards of the National Restaurant Association’s Kids LiveWell program.

 "One out of every three American children is overweight or obese, but it's as if the chain restaurant industry didn't get the memo," Margo G. Wootan, nutrition policy director for the center, said. "Most chains seem stuck in a time warp, serving up the same old meals based on chicken nuggets, burgers, macaroni and cheese, fries, and soda."

One chain with improvements is Subway, according to the report.

All eight of Subway restaurants' Fresh Fit for Kids meal combinations met the center’s nutrition criteria. Subway is the only restaurant chain that doesn’t offer sugar drinks as an option with its kids' meals, instead including low-fat milk or bottled water along with apple slices with all of its kid-sized subs.

To meet the center's nutrition criteria, kids' meals must not exceed: (1) 430 calories, (2) more than 35 percent of calories from fat, or (3) more than 10 percent of calories from saturated plus trans fat.

Meals that meet the center’s criteria can’t have more than 35 percent added sugars by weight or more than 770 milligrams of sodium. The criteria require meals to make a positive nutritional contribution either by providing at least half a serving of fruit or vegetable, including an item that is 51 percent or more whole grain, or including specified levels of vitamins or fiber.

The center’s criteria exclude sugar drinks in favor of water, juice, or low-fat milk. The association's standards are similar, though they allow more calories.

Some of the least healthy kids' meals available at chain restaurants include:

• Applebee's Grilled Cheese on Sourdough with Fries and 2 Percent Chocolate Milk.

•  Denny's Jr. Cheeseburger and French Fries.

• Dairy Queen's Chicken Strips, Kids' Fries, Sauce, Arctic Rush (a Slushee-type frozen drink), and Dilly Bar.

At 19 chains, none of the possible combination of the items offered for children met the center's nutrition standards. At nine of the 19 chains, including McDonald's, Popeye's, Chipotle, and Hardee's, no meals met the associations Kids LiveWell standards.

At Wendy's, only 5 percent of 40 possible kids' meals met the center’s standards – most items were too high either in sodium or saturated fat; at Burger King, only 20 percent of the 15 possible kids' meals met the center’s criteria. At both of those chains, the same low percentages of possible meal combinations met the association's Kids LiveWell standards.

The center’s last review of the nutritional quality of kids' meals at chain restaurants was in 2008. Overall, chains have made little progress since then.

The center’s report recommends that companies:

• Participate in the association's Kids LiveWell program, and reformulate their kids' meals to meet those standards.  

• Offer more fruit and vegetable options, and make those, rather than French fries, the default sides.

• Offer more whole grains and remove soda or other sugar drinks from kids' menus.

Copyright 2013, Rita R. Robison, Consumer Specialist