http://www.ncpirg.org/in-the-news/more-issues/more-issues http://www.ncpirg.org/in-the-news/more-issues/more-issues/shana-becker-north-carolina-public-interest-research-group By Amber Rockwell. ... Shana Becker is a staff attorney for the North Carolina Public Interest Research Group (NCPIRG), a group that researches and acts as an advocate for the public in the General Assembly. http://www.womensedgemagazine.com/media/August08Contents.pdf http://www.ncpirg.org/in-the-news/more-issues/more-issues/shana-becker-north-carolina-public-interest-research-group Mon, 11 Aug 2008 14:53:16 -0500 http://www.ncpirg.org/in-the-news/more-issues/more-issues/cpsc-data-show-safety-recalls-increased-22-over-last-year The number of recalls of toys and children’s products is up 22% over the first half of last year, despite industry promises last year to solve the problems that made 2007 the “year of the recall,” according to an analysis of Consumer Product Safety Commission data by the nation’s leading consumer groups. The groups urged Congress to complete a “strong CPSC Reform Act” before the August recess. In response to the recall of 45 million toys and children’s products in 2007, the House and the Senate both passed strong CPSC Reform Acts granting the beleaguered agency new funding and authority to police imports and banning lead in children’s products. Final action on a conference committee report resolving differences, however, has been delayed by numerous industry requests for exceptions to the law, the groups said. “Will Congress guarantee America’s littlest consumers a safe holiday season by finishing CPSC reform now or will it give ExxonMobil and the toy industry Christmas in July?” said Shana Becker, Staff Attorney for North Carolina Public Interest Research Group. The groups said that last week’s action on establishing a public database of potential hazards was a major step forward, but that special interest lobbyists were standing in the way on the following key items: Subjecting numerous toy hazards, including the small powerful magnets that have already killed one little boy, to the new law’s centerpiece third party testing requirements. “It would be a tragic irony if a law passed to protect against toy hazards didn’t require toy hazard testing,” said Nancy Cowles, director of Kids In Danger. Banning toxic chemicals known as phthalates from children’s products. The Senate version of the legislation included the Feinstein amendment to ban phthalates. It passed on the floor on a voice vote; the House bill has no similar provision. California and Washington State have already imposed similar bans, the groups said. “It comes down to risks versus benefits. The risk is to our children’s health while the benefits go to ExxonMobil, which profits from phthalates,” said Dr. Diana Zuckerman, president of the National Research Center for Women & Families. She added, “The phthalate DINP must be included in the ban. It’s the one most widely used in toys.” Ensuring product safety by ensuring that product safety whistleblowers have rights. The House bill is silent. The groups support inclusion of a Senate whistleblower protection provision, noting that the CPSC has a chilling “don’t talk, don’t publish” culture that stifles disclosure of critical safety information that is also at odds with numerous laws that Congress has enacted to protect whistleblowers in other sectors. The groups also urged conferees to reject an eleventh hour proposal that would preempt states from regulating new third party testing procedures. The preemption provision is found in neither the House nor Senate-passed bills. “Unwise industry demands for preemption of a new, unproven third party testing regime threaten to take state attorneys general, often the best consumer cops, off the product safety beat,” said David Arkush, director of Public Citizen’s Congress Watch. The groups looked at the most recent available CPSC data for the report “Total Recall,” released today. In the first six months of 2008, according to analysis of available CPSC recall notices, 108 children’s products were recalled, including 45 for lead contamination and 10 for hazardous magnets. Of those 108 products, fifty-three toys have been recalled this year already, totaling 6.2 million units. Last year by June, there had been only 84 children’s product recalls, which included 31 toy recalls. “The 22% increase suggests strongly that what the toy industry called “last year’s problem” remains very much today’s problem,” said Ami Gadhia, policy counsel for Consumers Union, “and points to the urgent need for Congress to finish action on the CPSC Reform Act.” In June, conferees met and approved 21 generally non-controversial items. Last week, conferees approved nine more, including the establishment of the product safety database. In addition to the above remaining items, the groups also believe that a pending All-Terrain-Vehicle (ATV) amendment being proposed by the Senate must be improved if it is to be included in the final law. Other remaining items, such as negotiating the length in years of the CPSC reauthorization and its maximum budget authorization, are expected to be resolved favorably to consumers and safety. The groups’ other remaining concern is that final action be taken before the August recess, since the agenda for fall sessions of the Congress remains uncertain. “We can’t wait for more evidence of a broken product safety system, more recalls, or more potentially dangerous products ending up in our children’s hands and mouths. Congress must protect our tiniest and most vulnerable consumers,” concluded Rachel Weintraub, Director of Product Safety and Senior Counsel for Consumer Federation of America. “The time to finish is now, before Congress goes home for August recess.” North Carolina Public Interest Research Group (ncpirg.org) – North Carolina Public Interest Research Group, is a non-profit, non-partisan organization that takes on powerful interests on behalf of its members. For 22 years, NCPIRG and other PIRGs around the country have released the annual Trouble In Toyland report, which has resulted in over 125 known CPSC toy recalls, including the recalls of over one million toys containing dangerous magnets in 2008 alone. For more information on the other non-profit, no-partisan consumer and public health organizations that released this report, please visit their websites: Consumer Federation of America (consumerfed.org); Consumers Union (consumersunion.org); Kids In Danger (kidsindanger.org); National Research Center For Women & Families (center4research.org); Public Citizen (citizen.org). http://www.ncpirg.org/in-the-news/more-issues/more-issues/cpsc-data-show-safety-recalls-increased-22-over-last-year Wed, 23 Jul 2008 12:27:02 -0500 http://www.ncpirg.org/in-the-news/more-issues/more-issues/teams-push-ticket-scalping Ken Tysiac, The Charlotte Observer. The Carolina Hurricanes and other pro sports franchises are supporting a bill that would let fans buy scalped tickets over the Internet for North Carolina games and shows. The General Assembly bill would require vendors to refund tickets if they are counterfeit or not delivered on time, and would tax the Internet sale of tickets at prices above face value. Supporters say they want to protect fans from buying fake tickets. Opponents argue that legalized scalping in any form allows resellers to hoard tickets and price ordinary fans -- taxpayers -- out of the best seats at the most popular events. "North Carolinians shouldn't have to pay a scalping premium for entertainment that in many cases they're already subsidizing via tax revenue or public buildings," said Shana Becker, attorney for the N.C. Public Interest Research Group. Selling tickets for more than $3 above face value is now illegal in North Carolina -- though many online vendors already violate that law. The bill would allow popular sites such as StubHub and TicketsNow to profit legally in North Carolina. A provision in the bill prohibiting "ticket purchasing software" aims to prevent brokers from using sophisticated computer programs to gobble up huge quantities of tickets to be scalped online. "The movement of this bill is an extremely positive development for fans in the state of North Carolina," said Sean Pate, a StubHub spokesman. "The previous statute ... has handcuffed those who wished to sell their tickets at a market price in very much the same way they would sell their homes or their cars or their old baseball cards." The N.C. Senate has approved Bill 1407. The House Committee on Commerce, Small Business and Entrepreneurship approved it 15-6 Thursday, forwarding it to the House Finance Committee. Legislators would like to end the current session by July 18, so there is time for the bill to pass the full House within the next week. But disagreement over the 3 percent tax on the difference between the resale price and face value could derail it. Change for the Canes The Hurricanes, Carolina Panthers, Charlotte Bobcats and Lowe's Motor Speedway support the bill. The legislation lets event organizers opt out and prohibit sales above face value for their events if they choose. In past years, the Hurricanes vigorously resisted the secondary ticket market. They supported Attorney General Roy Cooper in 2002, when he sued brokers who were scalping tickets for the Stanley Cup finals. William Traurig, general counsel for the Hurricanes and the RBC Center, said law enforcement doesn't have the resources to enforce the existing scalping laws. Many Internet resellers scalp tickets for North Carolina events and haven't been prosecuted. Traurig said the new proposal isn't perfect but protects against bogus tickets. "It gives people who do want to make a buck an opportunity which we're not that thrilled about," Traurig said. "but the people who want to go (to the game) will know their tickets are going to be good." The bill's sponsor, Sen. Fletcher Hartsell, a Republican from Concord, said the Internet is so amorphous that it prevents enforcement. Duke University distributes the most coveted college ticket in the state when rival North Carolina visits cozy Cameron Indoor Stadium for basketball. Duke spokesman Jon Jackson said only that school officials believe scalping has no place in college athletics and that individual schools are best left in charge of allocating tickets. Crying over Hannah Last fall, Lyn Peraldo was horrified after she waited in line at the Greensboro Coliseum for $56 tickets to a Hannah Montana concert to celebrate her daughter's seventh birthday. The show was sold out within minutes. Peraldo saw tears in little girls' eyes and angst on the faces of parents who wouldn't be able to pay scalpers' prices. Peraldo, who lives in Greensboro, quickly bought four tickets from online broker TicketsNow. She said she paid $225 each, plus a $125 service fee. Then, she sued TicketsNow, claiming it violated the state's antiscalping law. Her husband, lawyer Jeff Peraldo, sued StubHub on behalf of another client over tickets to the same concert. Both suits are pending. Pate, the StubHub spokesman, said his company acts as a third party between seller and buyer, and therefore is not liable. Efforts to reach TicketsNow were unsuccessful. Could prices drop? Pate said that in many cases, the secondary ticket market reduces prices. He said StubHub is useful when, for example, a Bobcats season ticket holder, can't attend some of the 41 home games on the schedule. StubHub allows the season ticket holder to get money for the ticket and guarantees the buyer will get into the game. Meanwhile, the Bobcats don't lose revenue for concessions and parking for tickets that might have gone unused. The creation of a safe, secondary market has meant that tickets for some events sell for less than face value. Pate declined to comment on the portion of the bill that calls for a 3 percent tax on the amount paid above the face value of the ticket. A representative of StubHub and parent company eBay argued against the tax, to no avail, in the House committee meeting Thursday. The city of Chicago is suing StubHub and eBay for failing to collect an 8 percent amusement tax on tickets. But ticket resellers have benefited in the past few years when states such as Colorado, Missouri and New York weakened or eliminated antiscalping laws. North Carolina's bill is generating debate in the House. Rep. R. Van Braxton, a Kinston Democrat, expressed reservations Thursday. "My big concern is that a family cannot buy tickets to a Hannah Montana concert because the scalpers have bought all the tickets up," Rep. Braxton said. "The way this bill looks in the first place, it looks like it would enhance that. ... It would make it legal." Meanwhile, Billy Martin, an NFL fan from Nebo in McDowell County, says he has learned after buying counterfeit tickets for a Carolina Panthers game in 2006. He bought those tickets on the street for more $400, and that's where he stayed while the team played the Cowboys. "We paid ... to grill out some hot dogs that day," he said. Now he just clicks on the Internet and buys from StubHub. http://www.ncpirg.org/in-the-news/more-issues/more-issues/teams-push-ticket-scalping Fri, 11 Jul 2008 08:47:20 -0500 http://www.ncpirg.org/in-the-news/more-issues/more-issues/area-ski-resorts-support-limit-on-liability-lawsuits By Jordan Schrader RALEIGH – Ski at your own risk. That’s the message some North Carolina ski resorts say should be clearer in state law, shielding them from lawsuits over injuries on the slopes. Paddling outfitters also are seeking added protections. In both cases, companies don’t think they should be liable for mountain adventures that are risky by nature. Hawksnest emerged in January from three years of litigation ending in a jury’s verdict that the Seven Devils resort wasn’t responsible for the tubing accident that fractured Susan Bogan’s spine. “In the end the resort is exonerated, but (it) still spent $70,000 defending that,” Hawksnest general manager Lenny Cottom said. Action by lawmakers is unlikely to come before next year. Sen. Steve Goss, a Watauga County Democrat, accidentally gave a sneak preview of how changes might look by introducing a bill last week, but he doesn’t intend to pursue it. “I turned it in with another bill, and I really didn’t mean to,” Goss said. The bill is not eligible to be heard in an even-numbered year, he said, and it needs more work, including input from industry and consumers. Following other states A consumer advocate raised questions about the proposal in its present form, which would assign responsibility for injuries to skiers, including those hurt by snow conditions, rocks, trees or equipment. “If a ski resort isn’t responsible for keeping their property safe, then why would they inspect it to make sure that it is safe?” wondered Shana Becker, a lobbyist for N.C. Public Interest Research Group. New rules about liability may simply clarify what is already the law — that those who play on the slopes accept responsibility for what happens, said Appalachian Ski Mountain general manager Brad Moretz. Moretz said he is more interested in seeing state law updated to reflect the needs of the modern resort, where snowboarders have joined skiers and where terrain parks offer space for jumps and other tricks. States like Colorado and West Virginia have modernized their laws, Moretz said. Goss’ bill describes winter sports as full of “inherent risks.” Nantahala Outdoor Center says the same should apply under state law to whitewater sports. “Whitewater rafting and kayaking and canoeing, it’s not a Disney World ride,” Nantahala chief executive Sutton Bacon said. “There aren’t seat belts. There are real rocks in the river.” Tennessee and Alaska have acknowledged the inherent danger of paddling, Bacon said. North Carolina following suit, he said, might put a brake on insurance costs that have nearly doubled in five years. Injured on the slopes Ski resorts say injuries are rare. But those who have left the slopes on stretchers don’t see why resorts need more protection. In their failed lawsuit, Susan Bogan and her husband argued she had no way to brake before her inner tube hit a berm of packed snow at the bottom of the hill. Husband Jeff Bogan said his wife’s back bothers her every day as she works in his office and raises their two children, ages 11 and 14. He said any law change should come with regulations for setup and training at the resorts. “They just claim it’s a winter sport: Do it at your own risk,” said the Naples, Fla., insurance agent. “You know there’s a risk, but you would think that they at least have it somewhat safe, and they didn’t.” Owners of Hawksnest and Appalachian Ski Mountain have contributed a combined $800 to Goss in the past year. Cottom said he simply supports his local legislators, and Moretz said his family’s contributions are barely significant sums intended as moral support. The senator said contributions never cross his mind. His goal is to make sure a valuable industry in Western North Carolina remains strong. Skiers “spend time in the hotels and restaurants. They see the area. They love it,” Goss said. “In some cases they may come back and either purchase a second home or come back in another season.” http://www.ncpirg.org/in-the-news/more-issues/more-issues/area-ski-resorts-support-limit-on-liability-lawsuits Fri, 23 May 2008 10:36:51 -0500 http://www.ncpirg.org/in-the-news/more-issues/more-issues/special-report--how-much-do-local-stores-know-about-the-digital-tv-conversion By Sergio Quintana RALEIGH, N.C. -- The digital conversion is coming. That means there will be a big change in the TV signal that is broadcast to your home. But consumer advocates like Shana Becker with North Carolina Public Interest Research Groups say viewers wanting to keep their old TV’s tuned to their favorite channels should not have to spend lots of money to do it. “If they do not have cable, it's fairly easy to address. There's a converter box that is $40 dollars to $70, and you can get a coupon online from the government that will offset the cost by $40,” Shana Becker said. A Digital/Analog converter box is a simple piece of equipment you plug your basic rabbit ear antennas into and then plug into your TV. According to a recent report by the NC PIRG, they found some problems with the way some electronics stores were selling the boxes. “I think what stuck out in my head the most, was that a lot of people just didn't know about the converter box option and almost nobody seemed to know about the coupon,” Becker said. NC PIRG published a report this February called “Mixed Signals.” As part of that report, members of NC PIRG posed as secret shoppers to ask how electronic stores were handling sales of DTV Converter Boxes. One excerpt from the reports reads: “In a Raleigh, North Carolina Target, employees did not know when the transition would happen but one offered, "It will probably happen soon."" NBC17 News decided to check out the DTV knowledge of sales people for ourselves. Three members of our staff posed as secret shoppers and video taped our efforts using a hidden camera. We took our hidden camera to two different local Target Stores and asked a few questions. Those stores have not yet started carrying the converter boxes, so not surprisingly the sales people we talked to did not know much about them. During one of our hidden camera visits this is what we asked one of the Target Employees: “How much are they usually,” the secret shopper asked. “I have no clue,” the Target Employee responded. Another salesman talking to a different secret shopper did not know much about the coupon. “They're talking about some kind of coupon,” the secret shopper asked. “Yeah, that's issued by the government. I don't know how you apply for it, or how you get it,” the employee answered. We then took our hidden camera to nearly a dozen other electronics stores including: Best Buy, Circuit City, Wal-Mart, and HH Gregg. We found that for the most part, not only did these stores have the digital converters in stock like at a Circuit City at Crossroads Shopping Center. “How much are these,” asked our secret shopper as she pointed to one of the boxed converters. “These ones right now are $59.99,” answered the salesman. The sales people were also pretty knowledgeable about the government coupon offered and other information. “What about the coupon that they're talking about or something,” asked our secret shopper at a Best Buy near Crabtree Valley Mall in Raleigh. “You can go to dtv.gov and you can either mail out for it, or you can go online,” answered the salesman. The results of our hidden camera investigation were welcomed news to NC PIRG. “It's good to know that they are taking it seriously and changing some of the practices from what we saw a few months ago,” Shana Becker with NC PIRG said. By the end of our investigation we found that even Target posted new information to help their customers. At the Raleigh Target at North Hills Shopping Center, our secret shopper talked with one of the Target employees about a new display in the electronics department. “Oh okay so this is a new display,” our secret shopper said. “I've only been here a couple hours, I hadn't seen this display yet,” the Target employee responded. We sought comment from the corporate headquarters of all the electronics stores we included in our report. All of them said they were happy with the performance of their employees with our secret shoppers. Joshua Thomas, a spokesperson for Target Stores offered this written response to our Secret Shopper Investigation: “Target is taking a number of steps to inform our guests about the transition from analog to digital broadcast. We’re leveraging in-store marketing, Target.com, team member training and an informational brochure. Converter boxes will be available in May.” http://www.ncpirg.org/in-the-news/more-issues/more-issues/special-report--how-much-do-local-stores-know-about-the-digital-tv-conversion Mon, 28 Apr 2008 08:58:23 -0500 http://www.ncpirg.org/in-the-news/more-issues/more-issues/group-some-retailers-misleading-about-dtv Group: Some Retailers Misleading Customers About DTV http://www.ncpirg.org/in-the-news/more-issues/more-issues/group-some-retailers-misleading-about-dtv Wed, 13 Feb 2008 13:47:25 -0600 http://www.ncpirg.org/in-the-news/more-issues/more-issues/stores-misinform-shoppers-about-digital-tv-switch-group-says http://www.ncpirg.org/in-the-news/more-issues/more-issues/stores-misinform-shoppers-about-digital-tv-switch-group-says Wed, 13 Feb 2008 13:50:33 -0600 http://www.ncpirg.org/in-the-news/more-issues/more-issues/north-carolinas-children-need-insurance-help North Carolina’s children need insurance help http://www.ncpirg.org/in-the-news/more-issues/more-issues/north-carolinas-children-need-insurance-help Mon, 10 Dec 2007 11:54:04 -0600 http://www.ncpirg.org/in-the-news/more-issues/more-issues/certain-toys-hit-hazard-list By Clayton Henkel (Raleigh)--When you begin your holiday shopping after Thanksgiving, a consumer safety group is advising that you steer clear of certain toys that could pose a danger to small children. This is 21st-annual toy safety survey was released by the Public Interest Research Group and as in past years, the big problem is small parts that be a choking hazard for toddler and children. Magnetix building sets, certain Hot Wheels toys, and Kid Connection Mini Activity Cube are just a handful of this year's toys that could pose a choking hazard. Thompson says parents may want to check out the list of toys that are so loud that it could damage a child's hearing. The group says 73,000 children under the age 5 had to go to the emergency room last year due to toy related injuries. http://www.ncpirg.org/in-the-news/more-issues/more-issues/certain-toys-hit-hazard-list Wed, 12 Sep 2007 16:59:16 -0500 http://www.ncpirg.org/in-the-news/more-issues/more-issues/advocacy-group-lists-toys-to-avoid http://www.ncpirg.org/in-the-news/more-issues/more-issues/advocacy-group-lists-toys-to-avoid Fri, 30 Nov 2007 09:39:19 -0600 http://www.ncpirg.org/in-the-news/more-issues/more-issues/wary-toy-buyers-get-help-from-nc-consumer-group http://www.ncpirg.org/in-the-news/more-issues/more-issues/wary-toy-buyers-get-help-from-nc-consumer-group Fri, 30 Nov 2007 09:43:01 -0600 http://www.ncpirg.org/in-the-news/more-issues/more-issues/controlling-auto-insurance-rates NORTH CAROLINA -- The General Assembly is considering a massive overhaul to how the state sets auto insurance rates. Currently, companies propose increases which are either approved or denied by an elected insurance commissioner. Those http://www.ncpirg.org/in-the-news/more-issues/more-issues/controlling-auto-insurance-rates Thu, 17 Jan 2008 10:22:03 -0600 http://www.ncpirg.org/in-the-news/more-issues/more-issues/debate-over-who-controls-insurance-continues Raleigh —A http://www.ncpirg.org/in-the-news/more-issues/more-issues/debate-over-who-controls-insurance-continues Thu, 17 Jan 2008 10:24:44 -0600