Disney Ditching Netflix (Eventually), Plans To Start Competing Streaming Service

Disney (and its Marvel division) have had a brief but good run with Netflix, resulting in a slew of original content and reasonably timely streaming video access to huge titles from the Star Wars series, the Marvel Cinematic Universe, Pixar, and Disney’s flagship studio. But today Disney said it is pulling the plug on this relationship — eventually — as it plans to launch a competing streaming service in the next year.

Let’s deal with the Netflix thing first. The streaming video giant currently has a deal with Disney that gives it priority, sometimes exclusive access (among subscription services) to many of Disney’s highest-profile titles. The two companies have also co-produced a wildly popular series of shows based on Marvel characters: Jessica Jones, Daredevil, Luke Cage, Iron Fist, along with upcoming shows featuring The Punisher, not to mention The Defenders, which will feature all of these characters.

But according to Disney, this distribution relationship with Netflix will end with theatrical content released in 2019. So Netflix subscribers still have more than a year and a half before the Disney well runs dry. That means you should still be able to watch The Last Jedi and whatever they end up calling the Han Solo film (assuming it ever gets finished) on Netflix, but not Episode IX or It’s a Trap, the high-concept, romantic farce backstory of a young Admiral Gial Ackbar.

Only yesterday, Netflix announced it was getting into the high-profile comics business itself with the acquisition of Millarworld, the company behind franchises like Kick-Ass and Kingsmen. It now looks like that deal was a move to shore up Netflix’s original intellectual properties to prepare for the impending exit of Disney.

So what exactly is Disney doing?

The goodbye to Netflix is actually just a small part of Disney’s bigger (though less imminently relevant) announcement: The acquisition of BAMTech, a company whose name you probably don’t know but whose technology may already be getting regular use in your household.

BAMTech was started as part of Major League Baseball’s efforts to bring live streaming games to the world through MLB.tv. Since then, this division has helped create the HBO Now standalone streaming service, other sports leagues and wrestling events, and live video game streaming. Disney invested $1 billion BAMTech in 2016 in the hopes of launching a standalone ESPN platform.

Now the house the mouse built is now forking over another $1.58 billion to become the majority owner in BAMTech. The company says the ESPN standalone plan is still a-go, but with 2018 as the targeted launch date. We expect that the launch of a competing ESPN being sold to cord-cutters will lead to some cable companies crying foul and trying to ditch ESPN — easily the most expensive single channel in any basic cable lineup — from their mandatory offerings.

Beyond all that, Disney is also looking to launch its own subscription streaming service in 2019 that would house a library of Disney and Pixar titles in one place. Since this service would pick up where the Netflix deal leaves off, the studio’s 2019 movies would find a streaming home on this new platform. The announcement doesn’t mention Marvel or the Star Wars movies, so it’s unclear if Disney intends to also host these on their new service, create separate new subscription platforms, or just open the market up to more than Netflix.

by Chris Morran via Consumerist

Why Are New Malls Being Built During Of A Retail Apocalypse?

With a record number of recent retail bankruptcies, and national waves of store closings, how is it that there are more malls being built or expanded? Construction on shopping centers and even on enclosed malls is at its highest level since the summer of 2008. Are real estate developers in denial?

No, they’re not. It’s just that in-person retail isn’t quite dead yet, and people and development have shifted to new parts of the country. They need shopping centers to come with them. Meanwhile, investors hope to squeeze more life out of the malls they still have, and that means renovations.

Bloomberg News reports that builders spent $1.6 billion nationwide in June 2017 on shopping center projects. Even spending on enclosed malls is up. Why?

One possible reason is that mall developers are following customers, and building closer to urban centers instead of new exurban outlet malls. Land, labor, and materials all cost more in more densely populated areas, which is driving construction costs up even as builders aren’t really on a mall-making frenzy.

Another reason, which we’ve discussed on the site before, is that mall owners want us (shoppers) back. Some of that construction spending is on renovations meant to draw shoppers to do things other than shop.

“The experiential aspects of retailing and the provision of services that cannot be replicated through online sales, e.g. a dinner out, are driving investment in mall repositioning,” Sam Chandan of Chandan Economics, a real estate analytics firm, told Bloomberg News.

Changes to support that way of looking at malls could be making an old department store space appealing for three restaurants and a rock-climbing gym, or just updating décor.

by Laura Northrup via Consumerist

Bumping Rates On Airlines Fall After Carriers Change Overbooking Policies

You might remember a little incident on a United Airlines flight back in April in which a ticketed passenger was forcefully removed from a flight after he refused to give up his seat. That incident resulted in several airlines changing their policies related to overbooking flights, and the results of those changes are starting to show: The number of passengers bumped from U.S. airlines is at its lowest level in more than a decade. 

The Department of Transportation’s August 2017 Air Travel Consumer Report [PDF] shows that for the first six months of the year the rate at which passengers have been bumped from flights has decreased to 0.52 per 10,000 passengers.

Dropping Figures

In all, 17,330 passengers of the more than 332 million who flew on the 12 U.S. airlines required to provide such figures were involuntary removed from flights between January and June. This rate, the DOT notes, is the lowest recorded by the airlines since 1995.

It is also 29% lower than the 0.62 per 10,000 passengers — or 20,128 travelers — who were bumped during the first six months of 2016.

For the second quarter of 2017 — April to June — the DOT notes that involuntary bumping affected 0.44 of 10,000 passengers. This translates to 7,764 out of 177 million passengers bumped. This is also the lowest quarterly rate since 1995, the DOT notes.

The data, also known as oversales, are reported quarterly by airlines. Other figures, such as tarmac delays, on-time performance, mishandled bags, and service complaints are reported monthly.

The Drop

While the DOT didn’t provide reasoning for the drop in passenger bumping, the timeframe covered by the latest report coincides with the time in which airlines revamped their policies on overbooking flights.

Those changes were spurred by a very public incident in April when a video surfaced online of a United passenger being dragged from a flight after refusing to give up his seat.

 

Since then, several airlines — including Southwest and United  — announced changes to their policies related to overbooking flights.

By Airline

For the first six months of 2017, the number of passengers bumped from flights varied significantly depending on the airline.

For instance, Hawaii Airlines reported just 77 bumped passengers of the 5.4 million who flew with the carrier. This translates to a rate of 0.14 denied boardings per 10,000 passengers.

Despite this, Delta had the lowest rate of bumping at 0.10 per 10,000 passengers. However, the airline recorded 650 instances of involuntary denied boarding among the 64 million passengers who flew with the airlines from January to June.

United, which revamped its denied boarding policy, recorded 1,964 involuntary denied boarding instances from January to June. That figure was about even with the 1,800 involuntary denied boarding instances during the same time in 2016.

Southwest, which also changed its policy this spring, recorded 2,642 involuntary denied boarding instances from January to June. That figure is lower than the 4,209 involuntary incidents recorded during the same time in 2016.

by Ashlee Kieler via Consumerist

Report: Uber Getting Out Of The Car Leasing Business After Losing $9K Per Car

A few years back, Uber had an idea for how to attract more drivers to the ride-hailing service: Lease cars to people who either don’t have cars or whose personal vehicles don’t meet Uber’s standards. But not only has the program been criticized by some drivers who say the monthly payments are too high, it’s also apparently been a big money-loser for Uber, which is now reportedly looking to get out of the leasing business in the U.S.

Uber launched its Xchange Leasing program in 2015, offering new and used cars directly to drivers who use the company’s ride-hailing platform. The hope was that it would allow people — particularly recent immigrants or lower-income Americans who have no or bad credit — access to vehicles they could use on the job.

Soon after it launched, critics of the leasing program accused Uber of taking advantage of these drivers — who are, as Uber will politely remind any reporter who dares say otherwise, not employees of the company — by charging them rates far above the typical leasing prices for similar vehicles. Some drivers said their total lease cost is about double the retail price for their car. Uber countered this criticism by pointing out that it has a rather forgiving return program for leased vehicles, allowing drivers to get out of their lease obligation comparatively cheaply.

In the years since launching Xchange Leasing, Uber has made changes to the way it compensates drivers and some have claimed that they were either unable to afford to keep up with payments or had to significantly increase the hours they worked just to keep up.

These changes appear to be one of the underlying issues in the notorious caught-on-camera argument between an Uber driver and Uber co-founder Travis Kalanick. That spat, in which Kalanick declared that “Some people don’t like to take responsibility for their own shit… They blame everything in their life on somebody else,” is one of a handful of events that ultimately led to the former CEO’s ouster in June 2017.

Now, on top of all the bad publicity Uber has received for the leasing program, a Wall Street Journal report claims that the company was losing gobs of money on Xchange Leasing; and by “gobs” we mean “18 times what they thought” they would lose, according to the Journal.

Sources tell WSJ that Uber never intended to make a profit on the leases, and that it had in fact been projecting acceptable losses of about $500 per vehicle; not a bad price to pay if each of those cars makes up for it in additional revenue from passengers.

But the truth, per the Journal’s sources, is that Uber was losing around $9,000 per vehicle, or about half the MSRP of the average car. That’s an awful lot of rides to the train station.

Why is Uber bleeding so much money on this program? It looks like the company is simultaneously charging too much while being too generous about returns.

First off, these leased cars are going to get a lot of wear and tear because of all the miles put on them and all the passengers hopping in and out all hours of the day.

Then you have the apparently exorbitant lease payments. The Journal cites the example of a 2014 Toyota that Uber is currently offering for lease at around $500/month. That same car is available at a dealership for around $150/month. In order to make those larger lease payments to Uber, a driver needs to put in more work, which adds more miles to every part of the vehicle. Even if that car is leased for the full term of the contract, it’s likely going to be worth a lot less on the resale market than it a similarly leased vehicle that did not pick up dozens of passengers (some of whom may be prone to making a mess) each day.

Uber also allowed drivers to turn in their leased vehicles and end payments early. Under a normal lease, that could result in significant penalties, but Uber only keeps the driver’s original $250 deposit. Given the rapid turnover of drivers who either sour on the job or jump ship to the competition, this can saddle Uber with cars that are now worth much less than when originally leased.

The company hasn’t announced the end of the program, nor has it decided internally how to actually cease the leasing. It could sell off its remaining inventory and turn the ongoing leases over to someone else to handle. Toyota and GM already offer separate leasing programs to Uber drivers.

Uber’s leasing program in Singapore is currently being criticized for allegedly leasing unsafe, recalled vehicles to drivers there. The company claims that it has “introduced robust protocols and hired three dedicated experts in-house… whose sole job is to ensure we are fully responsive to safety recalls.”

by Chris Morran via Consumerist

Man Who Suggested Complicated, Always Changing Passwords Now Has Regrets

We all know that it’s not a great idea to use an easy-to-guess password such as “123456,” although plenty of people do that. Instead, we’re often told to use complicated strings of words, numbers, and special characters to protect our online personas, as they were thought to be more difficult to guess — and sometimes to remember. Now, though, the man who kicked off the involved password era says maybe he wasn’t right after all.

The Wall Street Journal reports that the man who wrote an eight-page primer on how to keep online accounts safe back in 2003 now believes that some of his advice on how to set passwords — which has been adopted by government agencies, corporations, and others — wasn’t entirely correct.

In fact, Bill Burr, who was working as a midlevel manager at the National Institute of Standards and Technology when he penned the advice, says he now regrets much of what he wrote.

That’s because, over time, he realized that some of the tips weren’t actually helpful, and might even cause more harm than good.

What Was Wrong?

For instance, Burr tells the WSJ that his advice to change passwords every 90 days to fend off hackers didn’t quite work out.

Instead of changing their passwords to entirely new themes or sequences, many people simply changed just one aspect of the password, like changing a “1” to a “2.” Burr says this doesn’t actually do anything to secure the account, as hackers could easily guess such changes.

Another issue Burr takes with his own advice involves including so many elements in passwords. Many companies and services require users to include uppercase letters, numbers, and special characters in their passwords.

Such passwords, researchers say now, could be more easily cracked than a long phrase or random words strung together.

Burr tells the WSJ that when he wrote the primer there wasn’t a lot of real-world password data to consider, as there now seems to be.

“In the end, it was probably too complicated for a lot of folks to understand very well, and the truth is, it was barking up the wrong tree,” Burr tells the WSJ.

Making Changes

A lot of things have changed since 2003, and there’s now a plethora of data related to password security available.

For example, researchers now know that the complicated requirements described by Burr annoy people, and make them pick less secure passwords, or the same thing over and over.

To that end, the primer — NIST Special Publication 800-63. Appendix A — received a rewrite [PDF] in June.

NIST had planned to revise the premier, simply removing the worst password recommendations. But that endeavor turned into a complete rewrite.

These new guidelines are now making the rounds: They no longer include complicated requirements for special characters and they eliminate the password expiration mandate.

Instead, NIST now recommends long, easy-to-remember phrases and that passwords only be changed if there are signs the account has been breached or the password was stolen.

by Ashlee Kieler via Consumerist

Walgreens Charged Soda Tax On Unsweetened Beverages

It’s only been a few days since Chicago’s tax on sodas and other sweet drinks went into effect, and already some Illinois residents are claiming they’ve been charged improperly for drinks that don’t contain any sweeteners.

Cook County, which includes the city of Chicago, has a new $.01/ounce tax on all sweetened, nonalcoholic beverages. The tax, which went into effect on Aug. 1, applies to drinks with sugar and those no- and low-calorie drinks sweetened with things like aspartame, sucralose, or stevia.

But according to DNAInfo, Walgreens was charging that tax on LaCroix seltzer products, which don’t use any sweeteners, natural or artificial.

Walgreens admitted the mistake at the time, saying the company had “inadvertently coded” some products incorrectly while preparing to collect the new tax.

“We are working to resolve this complex issue as soon as possible,” the company said at the time.

Suing mad

But that “our bad” from Walgreens didn’t fix the coding error fast enough for some customers, like one man from Schaumburg, IL, who says the problem persisted even after Walgreens admitted the error, and that it applied to a lot more than just LaCroix, reports the Chicago Tribune.

In his lawsuit, the man says he purchased Dasani Tropical Pineapple Sparkling Water from a Walgreens store on Aug. 4 — after the company had acknowledged the mistake — and was charged the sweetened beverage tax.

He also claims that another Walgreens store in the area charged the tax on a case of Dasani Black Cherry Sparkling Water that was labeled as unsweetened, as well as on Lipton Pure Leaf Unsweetened Green Tea.

“Walgreens has publicly admitted it is wrongly charging the pop tax on unsweetened beverages — and yet it continues to do so without informing customers that they are being wrongly charged,” reads the complaint. “Despite knowing that it has improperly coded its products, Walgreens has not taken any steps to provide corrections at the cash register.”

The plaintiff points out that even Cook County Board President Toni Preckwinkle — the architect of the soda tax — recently Tweeted that unsweetened beverages are not subject to the soda tax.

Unsweetened sparkling water, like LaCroix, is NOT subject to the sweetened beverage tax. Neither are 100% juice and medical supplements.

— Toni Preckwinkle (@ToniPreckwinkle) August 2, 2017

He’s seeking a jury trial and class-action status.

Walgreens declined to comment on the lawsuit to the Tribune. We’ve also reached out to the company, and will update this post if we receive any new information.

What to do if you’re improperly charged

Last week, a Cook County spokesman said that although it hadn’t yet received complaints from customers about the tax being applied incorrectly, shoppers should check their receipts after purchasing drinks and ask the store for a refund if they’ve been improperly charged.

“Our ultimate goal is to ensure the tax is being applied correctly and fairly,” a county spokesperson told DNAInfo at the time. “We will continue an open dialogue, as we have for the last eight months, with retailers and work to ensure beverages are being correctly taxed.”

by Mary Beth Quirk via Consumerist

50+ Disney & Nickelodeon Apps Allegedly Snooping On Your Kids

Ever since the first 3-year-old became obsessed with whatever Tetris knockoff was on their cool aunt’s Blackberry, mobile software developers have seen the potential for real gold in kid-targeted games and apps. But two of the biggest names in children’s entertainment, Disney and Viacom, are each being accused of breaking child-specific privacy laws by allowing young users’ data to be collected and mined.

What’s the claim?

A plaintiff in California has filed two different lawsuits: one against Disney [PDF], and one against Viacom [PDF], parent company to kid-friendly entertainment giant Nickelodeon.

The suits claim that children under 13 who use the apps named in the complaints “have had their personally identifying information exfiltrated… for future commercial exploitation.”

The apps, the complaint claims, track children’s app usage and device behavior by obtaining “peristent identifiers.” That is to say, any time you use App X, the app will identify you and relay back your information under a unique number, like 7A51F9D56200.

That identifier is persistent across devices, so any software you are using can identify that you are you whether you’re on your work laptop using the Facebook version of a game, or whether you’re using your phone to play the mobile version on the bus home.

The use of unique, cross-platform, tracking identifiers in software is par for the course these days. But although there are no laws protecting most data adults generate, there is a strong privacy law directly pertaining to children under 13.

READ MORE: How much control do you actually have over your private data?

The Children’s Online Privacy Protection Rule, better known as COPPA, requires that any app, website, or service directed to children must disclose what data it is collecting, get parental approval to collect it, and must give parents the ability to opt-out of having their kids data shared.

The lawsuits claim that most users, including the parents of children using apps, “do not know that apps created for children are engineered to surreptitiously and unlawfully collect the child-users’ personal information,” which is then shared for “advertising and other commercial purposes.”

In short, the suits argue that creating a full, unique online tracking profile of child users, the way that also exists for adult users, is in violation of federal law.

The suits also name software companies that Disney and Viacom partner with to make and launch their apps, uncluding Kochava, Unity, and Upsight.

From Frozen to Paw Patrol

If you have any doubt that both companies are giants in children’s entertainment, ust ask any four-year-old how many children in their preschool “played Elsa” or wore Paw Patrol T-shirts on any given day — you’ll never hear the end of it.

Disney itself has published more than 60 Android apps and over 100 for iOS. Some are park or channel companion apps, but most are games of some kind, targeted to Disney’s child audience.

The plaintiffs specifically point to 42 of Disney’s mobile apps, listed visually in a collection of exhibits [PDF] attached to the complaint. All of them are rated “E for everyone,” which according to the ESRB means they are “generally suitable for all ages.” The list of apps includes spin-offs from the popular Moana and Frozen films, as well as original apps like Where’s my Water?.

Viacom, meanwhile, is Nickelodeon’s parent company. So they own media properties like Paw Patrol, Dora the Explorer, SpongeBob SquarePants, and Dora the Explorer.

The list of exhibits attached to the Viacom suit [PDF] includes 11 apps. Several not only boast “E for everyone” ratings, but their Apple AppStore versions, the suit notes, specifically target them to young children. SpongeBob Bubble Party, for example, is rated for ages 4+, while Paw Patrol: Air + Sea Adventures is specifically described as “Made for ages 5 and under.”

All of those apps also, the suits claim, include developer kit code that collect, disclose, or use personal information and/or persistent identifiers, without ever telling parents or gaining their explicit consent. The full list of apps includes:

Disney:

• AvengersNet
• Beauty and the Beast: Perfect Match
• Cars: Lightning League
• Club Penguin Island
• Color by Disney
• Disney Build It: Frozen
• Disney Color and Play
• Disney Crossy Road
• Disney Dream Treats
• Disney Emoji Blitz
• Disney Gif
• Disney Jigsaw Puzzle
• Disney LOL
• Disney Princess: Story Theater
• Disney Store Become
• Disney Story Central
• Disney’s Magic Timer by Oral-B
• Dodo Pop
• DuckTales: Remastered
• Frozen Free Fall
• Frozen Free Fall: Icy Shot
• The Good Dinosaur: Storybook Deluxe
• Inside Out Thought Bubbles
• The Lion Guard
• Maleficent Free Fall
• Miles from Tomorrowland: Missions
• Moana: Island Life
• Olaf’s Adventures
• Palace Pets in Whisker Haven
• Princess: Charmed Adventures
• Sofia the First: Color and Play
• Sofia the First: The Secret Library
• Star Wars: Commander
• Star Wars: Puzzle Droids
• Temple Run: Brave
• Temple Run: Oz
• Toy Story: Story Theater
• Where’s My Mickey? (Free)
• Where’s My Water?
• Where’s My Water? (Free) / Where’s My Water? (Lite)
• Where’s My Water? 2
• Zootopia Crime Files

Viacom:

• Ballarina
• Bubble Guppies: A Grumpfish Tale
• Dora Appisode: Catch That Shape Train
• Dora Appisode: Check-Up Day!
• Dora Appisode: Perrito’s Big Surprise
• Paw Patrol: Air + Sea Adventures
• Paw Patrol: Pups to the Rescue
• Paw Patrol: Rescue Run
• SpongeBob Bubble Party
• Teenage Mutant Ninja Turtles: Portal Power
• Teenage Mutant Ninja Turtles: Brothers Unite

What Next?

From here, the rest, of course, will take time, as lawsuits and court cases ever do.

Although the lawsuits were filed by a single plaintiff in California, both seek class-action status, on behalf of the plaintiff’s child and any other children who use the apps in question.

The “game tracking apps” are intentionally designed “to surreptitiously obtain, improperly gain knowledge of, review, and or/retain” data from their users which, the complaints claim, is “highly offensive to a reasonable person.”

As a result, the suit asks the following.

• That the court find the defendants — Disney, Viacom, and the software companies building the apps — in violation of COPPA
• That the defendants immediately stop and be permanently barred from collecting childrens’ data this way
• That the companies destroy any data they already collected unlawfully
• That the court determine both statutory damages (i.e. delineated fines for breaking the law) and punitive damages

Disney, of course, has said it sees no merit in the claims.

“Disney has a robust COPPA compliance program, and we maintain strict data collection and use policies for Disney apps created for children and families,” the company said in a statement. “The complaint is based on a fundamental misunderstanding of COPPA principles, and we look forward to defending this action in Court.”

We’ve reached out to Viacom about the allegations and will update if we receive a reply.

by Kate Cox via Consumerist

Lawsuit Claims Dunkin’ Donuts Blueberry Bakery Items Don’t Contain Actual Blueberries

A year after lovers of fruit-flavored donuts sued Krispy Kreme alleging the company’s blueberry donuts didn’t contain any real blueberries, another donut chain is facing a similar lawsuit: Customers in Chicago have filed a class-action seeking lawsuit against Dunkin’ Donuts, claiming the company’s bakery items lack any actual blueberries.

The lawsuit [PDF], filed in July in district court for Northern Illinois, alleges that Dunkin’ violated Illinois’ Fraud and Deceptive Business Practices Act by misrepresenting the blueberries in its donuts, donut cakes, and donut holes, known as Munchkins.

According to the lawsuit, Dunkin’ has long sold fruit-flavored donuts with the descriptive names “glazed blueberry” donuts or Munchkins, “blueberry butternut,” and “blueberry crumb cake.”

It’s In The Name

In selling these products, Dunkin’ displays placards on trays describing the items as “blueberry.” Additionally, in advertisements the pastries are often depicted next to real blueberries.

Based on these descriptions and marketing materials, the suit claims that Dunkin’ has given customers indication that the products contained real fruit.

This, the suit notes, led customers to purchase the products for a premium, as they sold for a higher price than the company’s original glazed donut.

What’s A Blueberry?

However, in reality, the lawsuit alleges, the products didn’t actually contain blueberries, but imitation blueberries that are specifically made to resemble actual blueberries or pieces of actual blueberries.

“Due to their blue color and round shape, the ‘flavor crystals’ and ‘blueberry flavored bits’ are inserted strategically on the inside and outside of the Blueberry Products to induce unsuspecting consumers into believing that the products contain actual blueberries,” according to the lawsuit.

To make matters worse, the suit contends that customers who believe they are purchasing a healthier bakery item — because it contains fruit — simply aren’t.

In fact, the suit notes that the imitation blueberries contain “inferior and potentially harmful ingredients such as sugar, com syrup, and Blue #1.”

The lawsuit notes that because some of Dunkin’s other products — including the blueberry muffin — contain actual fruit, the company is capable of formulating products with actual blueberries. Additionally, because of this, the suit contends that the chain knew or should have known that the blueberry products did not contain blueberry and that its representations would deceive unsuspecting consumers.

A Specific Case

The lead plaintiff in the case claims that he discovered the product issue in Dec. 2016 when he purchased a glazed blueberry donut from a Chicago-area Dunkin’ Donuts location.

He contends that he would not have bought the donut, or would have paid significantly less for it, had he known that the blueberries were not the real thing.

The lawsuit alleges that Dunkin’s marketing and sale of the products constitute misleading and deceptive practices.

To this end, the suit seeks $5 million in damages, restitution, and court fees.

A rep for Dunkin’ Donuts tells DNAinfo that the company is unable to comment on the matter due to pending litigation.

by Ashlee Kieler via Consumerist

Netflix Lures David Letterman Out Of His Beard Cave And Back Onto TV

Late night TV legend David Letterman has been laying relatively low since signing off the CBS airwaves in 2015. But the man who defined after-hours weirdness for an entire generation of kids whose parents thought they were asleep is returning to TV via a new Netflix show.

The streaming service announced the deal this morning, but has not yet revealed a name for the new Letterman show. Netflix says it will initially run for six, one-hour episodes that combine in-depth one-on-one interviews with “extraordinary people” and in-the-field segments.

Letterman was awkwardly thrust into the spotlight in 1982 as the host of NBC’s Late Night, where he could get away with just about anything because most of the world was asleep. Stupid Pet Tricks, the Guy Under the Seats, his signature Top 10 lists, and truly bizarre incidents like the on-air showdown between Andy Kaufman and Jerry Lawler:

Or Crispin Glover’s impromptu martial arts demonstration:

When the Tonight Show hosting gig was ultimately given to Jay Leno, Letterman hopped over to CBS to compete against Leno with a show that wasn’t quite as deliberately weird as Late Night, but which still retained some of that “these guys get paid for this?” quality.

Letterman retired from the CBS gig in May 2015, and has remained relatively quiet. He most recently left the house to help induct his pals in Pearl Jam into the Rock and Roll Hall of Fame.

In a statement released today, he jokingly hints that maybe retirement wasn’t the best idea: “Here’s what I have learned, if you retire to spend more time with your family, check with your family first.”

The upcoming Letterman show, which is slated to debut in 2018, will join Netflix’s other high-profile talk show, Chelsea, hosted by Chelsea Handler. That series, currently in its second season, is released on a weekly-ish basis. It’s not yet clear if the shorter run of Letterman’s series will also be doled out weekly or if it will all be pushed online at once for the binge-watching masses.

by Chris Morran via Consumerist

“Driverless” Van Includes Driver Dressed As Car Seat, For Science

A “driverless” van that has been spotted cruising the streets of Arlington, VA, isn’t actually operating autonomously: There’s a man behind the wheel — but he’s dressed as a seat. And though it may sound like a prank, it’s all in the name of science.

NBC-4 reports that a van that appeared not to have a driver has been causing a stir around town recently. This caused some consternation, not because people aren’t used to seeing driverless tech, but because it’s not yet legal or approved for testing everywhere in Virginia — only on certain roads [PDF]. And not in this neighborhood.

But when the station’s report got a peek inside the van this week, he saw a man dressed in a costume designed to look like a car seat — with his face completely covered like a sports mascot— sitting in the driver’s seat.

“Brother, who are you? What are you doing? I’m with the news, dude,” NBC reporter Adam Tuss asks the man in the car. “Dude, can you pull over and we can talk for a second?”

Alas, he did not answer.

Here's me trying to talk to a man in a car seat costume @nbcwashington http://pic.twitter.com/e5humOM7uS

— Adam Tuss (@AdamTuss) August 7, 2017

No laughing matter

You may be thinking this is a prank — heck, we’ve seen robots and skeletons going through fast food drive-thrus, as well as a very similar “invisible driver” stunt a few years ago.

As it turns out, however, the Virginia Tech Transportation Institute says the man and his van are part of a very real study on driverless cars, one “one of many being conducted to determine how best to design automated vehicles.” He was just dressed for his day’s work.

“The driver’s seating area is configured to make the driver less visible within the vehicle, while still allowing him or her the ability to safely monitor and respond to surroundings,” the institute said in a press release on Monday.

In addition, VTTI says that development of the test vehicle “focused on ensuring driver safety and included several months of piloting and testing the vehicle, first in controlled areas, then in low-density areas and finally in an urban area.”

County officials were included during the planning of the project, VTTI notes.

However, a Virginia Department of Transportation rep told NBC-4 they were not aware of the vehicle, while the Arlington Police Department expressed shock at the news of the van.

by Mary Beth Quirk via Consumerist

Family Says 5-Year-Old Dog Died In United Cargo Hold

United Airlines is facing blame for another pet death today after a family in Houston says that their 5-year-old King Charles spaniel died in the cargo hold of a flight from Houston to San Francisco.

The family says that their pet was in the cargo hold of a flight to San Francisco. The flight was delayed for two hours on the tarmac, and the family told KTRK-TV that they believed the pet died while in the cargo hold. The pet’s cause of death hasn’t yet been determined.

While news outlets haven’t specified which days the family flew, this week, the high temperatures this week in Houston are in the low 90s, and low temperatures are in the mid-70s. King Charles spaniels have long coats and short snouts, both features that may make it difficult for them to deal with heat.

In a statement, United said:

We are so sorry to learn of Lulu’s passing and have reached out to our customer to offer our condolences and assistance. We are deeply upset any time an animal suffers an injury while traveling with us and especially grieved in the rare instance that one passes away. We are conducting a thorough review of this incident.

The controversy comes at an inconvenient time for United, as it deals with a lawsuit from the investors who were importing one of the world’s largest rabbits for display at the Iowa State Fair and other events. Simon the rabbit died for unknown reasons in transit, and the owners accuse United of abruptly having the critter cremated to prevent a necropsy from being performed.

Of course, United has also drawn a lot of attention in recent months for its treatment of humans on flights, beginning with an incident where a passenger was forcibly bumped from a flight and had to be dragged off the plane.

by Laura Northrup via Consumerist

Comcast Fails To Shut Down Customer Lawsuit Over ‘Broadcast TV’ & ‘Regional Sports’ Fees

Score one for sanity: A federal court judge recently denied Comcast’s request to throw out a lawsuit alleging that the cable company’s “Broadcast TV” and “Regional Sports” fees are just misleading ways to raise customers’ bills without having to increase the advertised price.

Comcast introduced the Broadcast TV fee nearly four years ago, claiming it was needed to help the company recoup the increasing cost of carrying network TV feeds, even though Comcast owns one-fourth of America’s broadcast TV industry. At the time, it was an additional $1.50/month, but now costs many customers at least $6/month.

The Regional Sports Fee followed in 2015. Again, Comcast said this surcharge was vital to helping it recover the high costs of carrying all those regional sports channels, even if many of them have names that begin with “Comcast SportsNet.” By 2016, this $1 monthly fee had mushroomed to $4.50/month.

Between the two fees, which most people have to pay regardless of whether they watch local TV or regional sports channels, that’s an increase of more than $10/month to their bills, but without Comcast having to change the advertised price.

READ MORE: Consumerist’s Guides To The Charges On Your Cable Bill

In Oct. 2016, a group of Comcast customers sued the cable giant, alleging breach of contract and multiple state-level statutory violations.

Comcast has since tried to get the case dismissed, and succeeded in April in getting the non-California plaintiffs removed from the complaint for lack of jurisdiction.

In June, Comcast argued [PDF] that the various agreements a new customer must consent to allow the company to charge these fees, and that they are permissible under federal regulations.

However, one of the two remaining plaintiffs alleged through extensive screen shots of the online ordering process, that Comcast does not include these two fees in any of the prices it shows to new customers. The company does show “Monthly Charges” and “One Time Charges” for things like installation, but the plaintiff claims that the customer is never made aware, until after a bill arrives, of these fees that added more than 10% to the monthly rate of his service.

There is a prompt to read Comcast’s Minimum Term Agreement, but the plaintiff says that when a customer clicks on that link, you only get this pop-up window with a brief description of the agreement (which appears to be primarily about early termination fees) and a promise that it will be mailed to the customer at a later date:

In its motion to dismiss, Comcast tried to make the case that when the plaintiffs submitted their orders they were agreeing to a full suite of contractual terms, but that Comcast was not entering into a contract to only charge the rate given to the customer.

This was not a sufficient argument for the judge, who said Comcast was making assumptions about its agreements that are in fact still up for debate.

“It is plausible to infer from the complaint that, by clicking ‘Submit Your Order,’ [the plaintiffs] agreed to pay Comcast’s advertised price, plus taxes and government-related fees, in exchange for the services Comcast offered them,” wrote Judge Vince Chhabria in his denial of the motion to dismiss [PDF]. “It is also plausible to infer from the complaint that Comcast breached its agreements with the plaintiffs when it sent them bills charging them Broadcast TV and/or Regional Sports Fees (alleged to be neither taxes nor government-related fees) in excess of the agreed-upon price, and when it subsequently sought to raise the amount of the fees.”

The judge pointed to the language highlighted in the first screenshot above, where a little pop-up window describes the Monthly Charges as “This is the base monthly total of all recurring charges for the services you have selected. It does not include tax or one-time charges (such as installation or Pay-Per-View fees) that may appear on individual bills.”

This, notes the court, makes it plausible that a “reasonable consumer would be misled to think that the price of the service will be Comcast’s advertised price, plus taxes, government-related fees, and any one-time installation fees.”

With regard to Comcast’s many user contracts, the 23-page Subscriber Agreement does say that the customer will pay “permitted fees and cost recovery charges,” but the judge takes issue with Comcast’s assertion that it’s a settled matter of law that these two fees, which are not mentioned in the agreement, fall under that category of allowable charges.

The full Minimum Term Agreement [PDF] does detail the specific price of the two fees (though of course they can, and likely will, go up). But as shown in the above screengrab, the plaintiffs say that the Minimum Term Agreement shown during the ordering process failed to include any of this information; it wasn’t obtained until weeks after placing his order. The judge said it’s too early in the legal process to determine if the customer can agree to a contract he may not have been able to see.

Before one actually enters into the purchasing process, Comcast does have yet another pop-up window that includes various pricing information, including specific amounts for these two fees:

But the judge says this was not adequate to argue that the customers hadn’t been misled, particularly in light of the potentially confusing “base price” language that comes later during the official process of making the purchase.

To be clear, the judge isn’t saying that Comcast did anything wrong; just that there are important matters still in dispute. Many of these same issues will be raised when Comcast seeks summary judgment against. Even so, the judge cautioned the plaintiffs that they are unlikely to succeed at receiving any injunctive relief against Comcast, as that would probably need to be sought through a separate state court lawsuit.

[h/t Ars Technica]

by Chris Morran via Consumerist

Lost Your Chase Debit Card? You Can’t Get It Replaced At A Branch Anymore

Whether it was due to theft, fraud, forgetfulness, or calamity, many of us have needed to replace our debit cards post-haste. For many JPMorgan Chase customers, that usually just meant popping by the neighborhood branch and getting a replacement in minutes. So why has the bank reportedly ditched this convenient and popular program?

About half of the Chase branches around the country have machines that can produce a new debit card for customers on the spot, but The Wall Street Journal reports that the bank began quietly phasing this program out since March, and is now no longer available at all.

Why is Chase doing this?

Sources in the know tell the WSJ that Chase’s branches started to see an uptick in fraud about two years ago: People would come in with fake identification that matched customer information, and request new debit cards.

Once they had these cards, they could withdraw cash at the ATM or purchase stuff all on the account holder’s dime.

To combat that issue, Chase tried requesting that customers show the exact same form of ID they used to open their account.

“We found the issue and fixed the process almost two years ago, virtually eliminating the issue,” a bank spokeswoman told the WSJ, adding that the fraud issues related to replacement cards were less than 1% of all consumer-related fraud at Chase.

She says the decision to nix the service is due to a few things: It was partly an effort to cut costs, and also reflects the fact that more customers are using mobile banking these days.

What now?

Chase will offer a temporary ATM card you can get at local branches, but it’s not something you can use to buy stuff at your local stores or online.

Instead, be prepared to wait if you lose your debit card or if it gets stolen — your card will have to be sent through the mail, and will take at least five business days to arrive.

Chase does offer a rush delivery that takes two to three days, but that speed could cost you an extra $5.

If you want to switch to a bank that offers instant replacement services, both TD Bank and PNC will replace your debit card at branch locations.

by Mary Beth Quirk via Consumerist

Amazon Tells Third-Party Booksellers To Speed Up Deliveries

That paperback book you ordered from Amazon for your upcoming beach vacation might just arrive faster than you thought. But it’ll come at a new cost for the third-party seller providing the title: Amazon is once again tightening the reins on sellers who don’t use the company’s fulfillment services, reducing their required delivery window.

Just days after Amazon changed the way returns work for third-party merchants — bringing the experience more in line with Prime services — CNBC reports the e-commerce giant is making a similar change to the way the sellers who fulfill their own book, CD, and DVD orders deliver the goods.

Get It There Faster

A recent email sent to third-party merchants revamps the timeframe in which these sellers are required to deliver orders, starting Aug. 31.

Instead of allowing sellers four to 14 days to deliver orders, the company now requires orders to be delivered within four to eight days.

A rep for Amazon tells CNBC that the change was made as the company launches new capabilities to help set faster delivery times for seller-fulfilled products.

Amazon seems to believe that the change will result in more customers for these sellers, as it notes that shoppers are more likely to purchase a product if it has a faster delivery estimate.

Rising Costs

While this means we can all get our hands on books, CDs, and DVDs a bit sooner than we might have in the past, it will come at a cost to the seller, who could theoretically pass along the cost to customers.

One seller, who has made more than $1 million in transactions on the site, tells CNBC that he estimates his shipping costs will increase 25% to 50% with the new requirement.

The man says the new timeframe will mostly affect his cross-country deliveries, as he won’t be able to use the U.S. Postal Service for those shipments.

While CNBC notes that the USPS advertises that media items can be delivered in two to eight days, some sellers say that doesn’t always happen. So, to ensure delivery, they’ll have to turn to other services.

The new estimated costs will come in addition to other rising costs third-party sellers have recently felt from Amazon.

CNBC reports that earlier this year Amazon raised the fees these merchants have to pay for their items from $1.35 to $1.80, while also requiring the sellers to provide invoices for each product before listing them for sale.

Just last week, Amazon revealed that sellers who ship their own goods must allow customers to instantly print return labels. Before, shoppers who wished to return products had to contact the seller and request to do so.

Creating A Divide

While it seems that Amazon is trying to make the process of purchasing from third-party merchants who fulfill their own orders more like what customers expect from Prime, the changes could prove a turn-off for such sellers.

Many Amazon sellers who felt unappreciated by the retailer have already fled to Walmart.com, where they have fewer competitors and pay smaller commissions.

Some of the defecting sellers cited Amazon’s changing requirements and a never-ending list of competitors for their decision to change platforms.

Amazon has since begun hosting invite-only seller events to keep merchants on board.

by Ashlee Kieler via Consumerist

Sorry: You Have Not Won A Grant From The National Institutes Of Health

No matter what the person on the phone says, we’re sorry to tell you that you have probably not won a grant from the National Institutes of Health. Neither has anyone else who isn’t performing actual health research.

The Federal Trade Commission and NIH report that ordinary citizens are receiving calls from advance fee scammers, who tell victims that they’ve received $14,000 grants from NIH. They just have to send iTunes or Greendot card codes to cover administrative fees.

This is not a thing. Much like the Internal Revenue Service and the police, the real National Institutes of Health does not call people up and ask for payment in gift cards. It doesn’t offer grants to random non-researchers at all.

No matter how convincing the person on the phone may be, random government grants don’t fall from the sky. If they did, the agencies would not notify you over the phone, you would not need to pay fees in advance, and you definitely would not need to pay them using iTunes gift cards.

“No legitimate federal government employee would ever call you and tell you that you qualify or have been approved for a grant for which you never applied,” the Department of Health and Human Services explains on its page about grant scams.

Advance fee fraud is a venerable scam, dating back to at least the 19th-century “Spanish prisoner letter” fraud. Scammers have always adapted with the times, shifting from handwritten letters to typewriters to photocopiers to robocalls and emails.

by Laura Northrup via Consumerist

Hacker Claims To Be Holding HBO Data For Ransom

The saga around a recent hack attack at HBO just keeps getting deeper. Now, hackers that claim to have a whole lot of unreleased programming and potentially embarrassing internal documentation are saying they might not release it… if HBO pays them big bucks to stay quiet.

The AP now reports that the attackers who claim to have grabbed a massive volume of data from inside HBO — including unreleased episodes of flagship drama Game of Thrones — are waiting to release it, seeing if they’ll get paid off first.

A slow drip… so far

The persons behind the hack have already released a dump of a little more than 3 GB worth of data, the AP says — mostly internal documents about the company’s network, a month’s worth of email from one executive’s account, and a few draft scripts from Game of Thrones.

That’s a mere fraction — 2%, give or take — of the roughly 1.5 TB of data the attackers claim to have stolen. But included in that initial dump was a video addressed to HBO CEO Richard Plepler.

That video, which the AP describes as “swaggering,” gives Plepler an ultimatum: Pay up in three days, or else we release all of it.

The hackers are demanding the equivalent of 6 months of their salary for ransom. And what is the annual salary of a hacker criminal, you may wonder? They claim their annual take from extortion is $12-$15 million per year — so they basically want at least $6 million worth of bitcoin.

Will they do it?

The hackers have released screenshots showing other folders of data, including some labeled “Highly Confidential,” that purport to include licensing and retail deals, legal documents, budget documents, and publishing arrangements.

Whether or not the attackers have the data they claim to is, of course, another matter. That’s something that Plepler’s investigative team — including both law enforcement and cybersecurity experts — are going to want to sort out very, very quickly.

HBO has been downplaying the extent and severity of the attack, the AP notes, reassuring employees that the network’s whole email system has not been breached and hiring a vendor to help employees monitor their own financial accounts.

The Aug. 6 episode of Game of Thrones did leak last week in advance of its air date, but HBO said that leak was unrelated to the big cyberattack. Basically, that episode getting loose into the wild was more your sort of standard-issue leaking and piracy.

The broader attack appears to be more like the hack that Sony suffered in late 2014. However, in that instance, attackers simply dumped all of the data they stole into the public, leaving Sony to deal with the fallout.

by Kate Cox via Consumerist

Did Wells Fargo Fail To Refund Customers’ Auto Insurance?

Only weeks after being accused of pushing hundreds of thousands of auto loan customers into paying for unwanted and unnecessary insurance plans, Wells Fargo finds itself in another possible insurance scandal, with banking regulators investigating claims that Wells allegedly failed to refund insurance money to some borrowers who paid off their car loans early.

The New York Times, citing people briefed on the matter, reports that the Federal Reserve Bank of San Francisco is looking into Wells Fargo Dealer Services protocols and controls related to guaranteed auto protection (GAP) insurance.

What Is GAP Insurance?

GAP insurance, which typically costs between $600 and $400, is intended to protect a lender against the devaluation of a vehicle.

For instance, if a car is stolen before the loan is paid off, the GAP insurance would make up the value difference for a lender.

Vehicle owners aren’t required to take out the insurance plans.

The cost of GAP insurance is typically built into a borrower’s car loan. If a borrower pays off their car loan early, their lender is required under state law in Alabama, Colorado, Indiana, Iowa, Maryland, Massachusetts, Oklahoma, Oregon, and South Carolina to refund the unused amount to the customer.

An Alleged Refund Problem?

This may not have happened for some Wells Fargo customers, the Times reports.

In the case that a Wells Fargo borrower’s car was repossessed, the Times notes that these borrowers may have been harmed because the failure to provide a refund made the total owed more than it actually was.

Wells Fargo revealed in a quarterly filing [PDF] with the Securities and Exchange Commission last week that it had identified issues related to the unused portion of GAP insurance waivers and insurance agreements between dealers and lenders.

This, the company said, could result in refunds to some customers.

“These and other issues related to the origination, servicing and/or collection of indirect consumer auto loans, including related insurance products, may subject the company to formal or informal inquiries, investigations or examinations from federal, state and/or local government agencies, and may also subject the company to litigation,” the filing states.

A rep for Wells Fargo tells the Times that the company identified issues related to oversight and controls in the administration of GAP products during an internal review.

The company, she said, is reviewing its practices and working with dealers to make improvements to the refund process. The bank previously improved controls on its refund process in 2014, the rep noted.

Wells Fargo is working to determine how man customers were affected by the issues and will provide refunds where necessary.

A rep for the Federal Reserve Board tells the Times that it is “focused on ensuring that the root causes of a firm’s compliance and controls breakdowns are understood and addressed.” The agency will take any regulatory or supervisory steps necessary, the rep added.

by Ashlee Kieler via Consumerist

No, Travis Kalanick Is Not Going To Be Uber’s CEO Again

Months after <a href="http://ift.tt/2vfFpP2; target="_blank" Uber's board made CEO Travis Kalanick's leave of absence permanent, rumors have begun swirling that that he would soon be returning to his former position — buzz he may have started himself. But there will be no comeback for Kalanick.

“Steve Jobs-ing it”?

Uber is trying to find a candidate to fill the CEO role, and has narrowed the search down to four people, reports Recode. But it hasn’t been easy, as Kalanick has apparently been saying he will be “Steve Jobs-ing it” and will be coming back to Uber.

Jobs — one of Apple’s co-founders — left the company in 1985, before returning in 1997 as the company tried to fight the domination of Microsoft.

Not gonna happen

Uber board member Garrett Camp is now working to dispel those return rumors, telling employees in an email that he’s been fielding questions lately about Kalanick’s comeback and confirming that it’s definitely not gonna happen.

“Our CEO search is the board’s top priority,” Camp said in the email. “It’s time for a new chapter and the right leader for our next phase of growth. Despite rumors I’m sure you’ve seen in the news, Travis is not returning as CEO.”

Kalanick first took a leave of absence in mid-June in the wake of a damning internal investigation that criticized the company’s “always be hustlin culture.”

He then officially stepped down as CEO a week later, an exit that was the result of what amounted to a revolt by investors.

by Mary Beth Quirk via Consumerist

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Dell Software video

Dell Canvas Software video
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Welcome to Dell Canvas
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Dell Canvas Product Showcase

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