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Time Warner Cable Hired Sexual Predator as Technician; Guilty Plea After Attacking Female Customers

Phillip Dampier October 7, 2015 Consumer News, Public Policy & Gov't, Video 3 Comments
Malave (Image: Bergen County Sheriff's Office)

Malave (Image: Bergen County Prosecutor’s Office)

If Time Warner Cable bothered to Google Jonathan Malave, they might have never hired him as a cable installer/technician.

Previously charged and convicted as a sexual predator, Malave, 32, of Montvale, N.J., already had a criminal history after assaulting a female Cablevision customer on his last job during a service call in 2012. But Time Warner Cable hired him anyway, despite the fact the high-profile case drew significant media attention (including Stop the Cap! We covered the story in April, 2012).

In July 2014 at his new job working for Time Warner, Malave sexually assaulted a 60-year old Ridgefield Park woman during a service call, while wearing proper Time Warner Cable credentials. One month later, he raped a 73-year old Fairview customer after she let him inside to repair her service. After being arrested by the local authorities’ Special Victims Unit, Malave was charged in both incidents. In September 2015, Malave pled guilty in Bergen County court and is awaiting sentencing.

The Fairview woman, who lives alone, was left deeply traumatized by the event according to her attorney, Rosemarie Arnold, which may be similar to one of those from criminal lawyers Melbourne. She is suing Malave and Time Warner Cable for unspecified damages alleging the cable company should have known Malave was dangerous.

“All they had to do was Google him,’’ Arnold told The Record. “This is negligent hiring. You’re hiring a sexual predator and sending them to women’s homes.’’

“Defendant Jonathan Malave had a history of sexual harassment and/or sexual abuse and/or inappropriate sexual behavior which defendant was aware or should have been aware of,’’ the lawsuit claims. The lawsuit seeks unspecified damages for medical expenses, pain and suffering, punitive damages, legal fees and costs. Sometimes reporting unethical behavior results in termination and when that happens seek assistance from an employment lawyer.

Time Warner Cable had no comment except to say it conducts background checks on its employees and would continue to work with local law enforcement on these types of cases.

WABC-TV in New York reported last fall Malave had assaulted three female customers in their homes while working for two different cable companies. Time Warner terminated his employment after the third incident. (2:31)

Sen. Elizabeth Warren Calls Out Bought-and-Paid-For Research; One Paid Author Resigns

Phillip Dampier October 6, 2015 Editorial & Site News, Public Policy & Gov't Comments Off on Sen. Elizabeth Warren Calls Out Bought-and-Paid-For Research; One Paid Author Resigns
Warren

Sen. Warren

Sen. Elizabeth Warren (D-Mass.) has sent a shockwave across the D.C. Beltway and academia after complaining a Brookings Institution scholar co-authored a research report that was paid for by a corporation that used it to lobby Congress to reject consumer protections for retirees.

Warren’s encounter with paid research is nothing new for Stop the Cap! readers. We have been documenting Big Telecom’s “Phoney” research advocating against consumer protections for broadband and for usage caps and usage-based billing since 2009.

In our view, it is nothing short of unethical for a researcher to accept funding for a corporate-backed research study, bury that fact in a footnote, and leave out the dollar amounts involved. But with tens of thousands of dollars ready for the taking per “study,” a cottage industry of academia and “independent” researchers has sprung up to supply customized findings that “coincidentally” mirror that company’s public policy agenda.

Warren followed the money after reviewing a report written by Robert Litan and co-authored by Hal Singer, who often writes about broadband issues for the Progressive Policy Institute, which itself receives significant funding from Big Telecom companies.

Hire your own economist to write you a research report. Economists, Inc.'s "selected client list" is a Who's Who of America's top corporations.

Hire your own economist to write you a research report. Economists, Inc.’s “selected client list” is a Who’s Who of America’s top corporations.

Litan’s report advocated against a proposed rule written by the Labor Department that would prohibit retirement plan brokers from receiving financial commissions, bonuses and other quiet incentives from giant investment banks that could potentially influence the advice brokers give consumers. During the housing bust of the Great Recession, similar financial conflicts of interest occurred when realtors and loan officers were accused of steering consumers into loan/mortgage products that paid substantial commissions to both, despite the fact those products may not have been in the best interests of homebuyers.

Litan concluded the new rule would “be too costly” to manage, a claim dismissed as ridiculous by Barbara Roper, director of investor protection for the Consumer Federation of America.

What could have made an economist with ties to the prestigious Brookings Institution reach a conclusion that would, in the words of Roper, leave “millions of working families and retirees without meaningful protections when they turn to financial professionals for retirement investment advice?”

It might be the $85,000 paid by the study’s sponsor — the Capital Group, a leading mutual fund manager with an obvious interest in the outcome.

Brookings promotes "quality, independence, and impact."

Brookings promotes “quality, independence, and impact.”

Warren’s staff noticed a tiny footnote on the first page of Litan and Singer’s report acknowledging the study was sponsored by the firm, but did not disclose the amount paid or the conditions under which the study was written.

Warren complained the report was little more than a “highly compensated and editorially compromised work on behalf of an industry player seeking a specific conclusion.” Warren also notified both the Brookings Institution and the Obama Administration that using these types of reports to “independently” bolster a corporation’s lobbying was little more than influence peddling, and implied it threatened Brooking’s reputation.

The practice of writing corporate-sponsored research is well-established, usually dependent on the names and reputations of well-respected think tanks and policy institutes to provide cover for the more blatant practice of direct corporate lobbying. Most corporations avoid drawing attention to their direct financial relationship with study authors. Litan’s money connection was revealed in follow-up written questions from Warren. The answers conflicted with the study authors’ original claims they were “solely responsible” for the study’s conclusions, finally revealing Capital Group had paid $85,000 for the study, and Litan’s share was $38,800.

Recognize that logo? Your retirement fund may already be handled by a Capital Group subsidiary like American Funds.

Recognize that logo? Your retirement fund may already be handled by a Capital Group subsidiary like American Funds.

Tom Joyce, a spokesman for the Capital Group, said his company was following standard practice. “It is typical for organizations to sponsor academic studies,” Joyce said, noting that in this case, “no preconditions or predetermined conclusions were imposed.”

Few D.C. insiders believe Joyce, noting they have never seen a corporate-sponsored report that concluded anything markedly different from the corporate sponsors’ own positions.

In the end, Litan resigned his “non-resident scholar” position at the Brookings Institution, not because of his association with corporate-sponsored research, but rather his violation of a new think-tank rule prohibiting researchers from citing their affiliation with Brookings when testifying before Congress.

After that, the D.C. establishment and a threatened coterie of fellow pay-for-research writers went on the warpath, realizing a lucrative revenue stream was at risk if the public knew the independence of corporate-funded research is often suspect.

“This is McCarthyism of the left,” Hal Singer, a senior fellow at the Progressive Policy Institute and co-author of the research Warren criticized told Politico. “What Warren is doing is suppressing scholars [who] speak independently through her threats.”

An editorial in the Wall Street Journal accused Warren of launching an inquisition against ideas and used the names of several former officials in the Clinton Administration to defend the bipartisan practice of corporate writing on spec.

The National Review (seeing a trend yet?) also blistered Warren for having a double standard in a piece Bloomberg News dismissed as “interesting though a bit breathless.” The fact pro-regulation lobbying group Better Markets often agrees with Sen. Warren’s political views was enough for the conservative magazine to indict her for essentially doing the same thing Litan did. Only Bloomberg concluded Warren was more of a bystander than a participant.

[The National Review piece] accuses Better Markets of “failing to adequately disclose its relationship” with its hedge-fund-manager founder Michael Masters, even though that relationship seems to be fully disclosed, and it insinuates that Masters was shorting Prudential and MetLife while Better Markets was arguing to have them regulated as “systemically important,” even though the only evidence for that is that Masters [had] long call options on Pru and Met.

Warren has made a point of publicly exposing the cozy relationships corporations have with lobbyists, paid consultants, and academia in her one-woman war to protect consumer interests and punish big banks and corporations for anti-consumer behavior. Her practice of tearing the lid off D.C.’s revolving door of lobbying and public service has made Democrats and Republicans nervous, and more than few are looking for revenge.

As far as we’re concerned, Warren’s isn’t the issue. The problem rests with those that willingly choose to risk their credibility for cash, writing reports with glaring conflicts of interest.

Get Your Share of a $576+ Million Settlement for 10+ Years of CRT Monitor Price Fixing

Phillip Dampier October 6, 2015 Consumer News, Video 2 Comments
These old CRT monitors probably sitting in your garage or basement are still worth something after all.

These old CRT monitors probably sitting in your garage or basement are still worth something after all.

If you purchased a boat-anchor-weight CRT monitor for your personal computer or a television set between March 1, 1995 and November 25, 2007, you may be owed a significant settlement from the $576 million dollar fund various manufacturers have set aside to pay class action damage claims.

The settlements, to be divided by consumers and businesses who overpaid for a TV or computer monitor as a result of alleged price-fixing, is likely to result in many households qualified to receive a check for $100 or more, even after the lawyers get their share. For now, only residents in certain states are qualified for settlement payments, but additional lawsuits are moving forward, so if your state isn’t qualified now, it might be later.

You have until December 7, 2015 to file your claim online or by mail for this settlement round. It takes only a few minutes to complete the form.

Individuals and businesses qualify for money from this settlement if they purchased a CRT or product containing a CRT, such as a TV or computer monitor, in the following states for their own use and not resale. You do not have to live in these states to qualify, if you purchased your television or monitor from a retailer (online/brick and mortar) with a presence in these states:

  • Arizona, California, Florida, Iowa, Kansas, Maine, Michigan, Minnesota, Mississippi, New Mexico, New York, North Carolina, North Dakota, South Dakota, Tennessee, Vermont, West Virginia, Wisconsin or the District of Columbia between March 1, 1995 and November 25, 2007
  • Hawaii between June 25, 2002 and November 25, 2007
  • Nebraska between July 20, 2002 and November 25, 2007
  • Nevada between February 4, 1999 and November 25, 2007

settleThe huge class action case has been in the works for years and alleges that defendants and co-conspirators conspired to raise and fix prices for CRT monitors (the ones you probably used before you bought your first flat panel LCD monitor). The alleged scam ran for more than a decade and several manufacturers have agreed to settle to make the case go away without admitting guilt.

The collective law firms involved in the case have asked for no more than one-third of the settlement, a reasonable amount in light of many other class action cases that leave consumers with nothing more than a low value coupon or “spare change” reimbursement checks. Because the alleged price-fixing lasted over a decade, many households will be able to claim settlement reimbursement for multiple televisions and computer monitors.

CPT, Philips, Panasonic, LG, Toshiba, Hitachi, Samsung SDI, and Thomson/TDA have agreed to settlements, and these manufacturers made the cathode ray tubes for several third-party brands. The largest manufacturer not a part of this lawsuit is Sony, and those monitors and televisions are excluded from this settlement.

Because these purchases occurred so long ago, you are not expected to have the receipt, the computer monitor, or television still in your possession. Any reasonable claim will be accepted without documentation. If your home or business is claiming what we estimate to be more than a combined five televisions and computer monitors, it will probably be audited and some form of reasonable documentation (picture, receipt, owner’s manual, credit card statement, etc.) will be required to prove your claim.

Here are the television and computer monitor brands involved in this round of settlements:

Chunghwa, LG, Philips, Panasonic, Hitachi, Toshiba, Samsung, Thomson and TDA.

Updated 7:00pm EDT — This article was considerably rewritten shortly after publication because it initially addressed a different settlement affecting “direct purchasers” who bought monitors direct from manufacturers. The updated details seen above reflect a settlement involving “indirect purchasers,” defined as those who bought monitors from a third-party retailer, such as Best Buy, Amazon.com, your local computer store, etc. The “indirect purchasers” settlement will reach a larger number of consumers and businesses who read Stop the Cap!, so we updated the article. If you already filed a claim using the original link seen in the earlier article, you will need to re-file using the corrected links seen above. The worst that can happen is the settlement administrator will request a clarification. It will not affect your eligibility. We apologize for any confusion this caused.

[flv]http://www.phillipdampier.com/video/Cathode Ray Tube CRT Indirect Purchaser Class Action.mp4[/flv]

Learn more about the CRT Settlement Fund and how you can collect a substantial settlement for your old computer monitor or television set. (37 seconds)

California Company Will Help You Cancel Comcast Service for $5 Or We’ll Help You for Free

The Don't Care Bears

The Don’t Care Bears

Americans seem to hate dealing with their cable company so much, they are willing to pay someone else to do it for them.

AirPaper, a Bay Area company, is now offering to help rid you of Comcast for a one-time charge of $5.

You supply them with your name, e-mail, address, phone number and Comcast account number/any security verification information required to cancel your account and they will send Comcast a letter requesting your account be closed.

For now, media reports are vague about the duo’s success rate. Because the request to cancel will arrive in writing, nothing precludes Comcast from having a retention specialist contact you by phone and still attempt to save your business. Comcast is also notorious for not being especially responsive to written requests for anything and its Executive Customer Service department also draws complaints.

Of course, nothing precludes you from keeping the $5 in your wallet and using our recommended methods of dealing with Comcast, which come for free.

You can write your own letter to Comcast requesting a no-negotiation cancellation of your service by sending a letter with your name, address, phone number, account number and e-mail to:

Office of the President
Comcast Headquarters
Comcast Center
1701 JFK Blvd.
Philadelphia, PA 19103

(215) 286-1700
(215) 981-7790 (fax)

Even better, you can follow Comcast’s usual cancellation procedure using 1-800-XFINITY (1-800-934-6489) and tell the agent you are canceling service for any of these reasons, and you will be spared customer retention hardball:

  • You are moving in with an existing Comcast customer and do not need two accounts at the same address;
  • You are relocating to a senior care or assisted living facility that already has service for all residents;
  • Tell them you are moving to a non-Comcast service area. Need an address? Tell them an apartment on Elmwood Ave., Rochester, NY 14618. It’s well outside of Comcast’s service area and they won’t try and offer you Time Warner Cable service if you remind them the complex already provides service to every renter;
  • Tell them you are converting your home into a seasonal residence and you wish to disconnect service with no reconnect date available;
  • Inform them your home succumbed to a fire, flood, killer bees, or whatever other natural disaster will make your home uninhabitable indefinitely. What they will care about the most is if their equipment survived the calamity. When you tell them yes and you are returning it, they won’t bug you any further;
  • You are relocating overseas for a job, volunteer work, or military service with no known return date.

If you use any of these excuses, you will be off the phone 10 minutes after speaking to someone.

Got a Call from 1-800-922-0204? Careful. The Verizon Wireless “Refund” Scam is Back

Phillip Dampier October 5, 2015 Consumer News, Verizon, Wireless Broadband 2 Comments

scamScammers are once again spoofing Verizon Wireless’ 1-800-922-0204 customer service number shown on a customer’s Caller ID in calls offering “refunds” ranging from $30-60 in return for personal information needed to “process a refund check or service credit.”

Verizon Wireless customers (including myself) have started receiving recent unsolicited calls from Verizon Wireless claiming an earlier billing error resulted in an overcharge to their wireless account. The amount of the credit varies, but is significant enough to get the attention of unwitting customers. The caller is asked to verify their Verizon Wireless “account password,” which is a critical piece of information not to be shared with unsolicited callers. Once exposed, anyone can call Verizon Wireless and make changes to your account.

Variations on this scam have been around since 2014. Last fall, callers were instructed to “apply for a refund” at phony websites run by the crooks, almost always detectable because the scammers registered web addresses close to Verizon’s legitimate address, but with two extra numbers attached. (eg. http://28verizon.com/, 27verizon.com, 48verizon.com, etc.) Most of these sites were shut down by early 2015.

Consumers usually believe the calls are genuine because their Caller ID reports the calling number originates with Verizon Wireless customer service. But such caller ID information can now be easily manipulated or faked, making it harder than ever to truly know who is calling.

610px-Verizon-Wireless-Logo_svgComplicating matters are Verizon’s own marketing calls to customers originating from the same 800 number, which are legitimate. In an effort to combat the scammers, customers can call Verizon Wireless back at 1-800-922-0204 and the automated call attendant will confirm any recent legitimate customer service calls (often for an “account review” or to tell you about a past due balance) made to your number recently.

The best way to avoid this fraud is to not answer unsolicited calls from unfamiliar numbers and refuse to share any personal information with an incoming caller you don’t know. That includes giving out your full name, address, any part of an account password or Social Security number, credit card number, bank account information, etc.

Any legitimate overpayment or overcharge would be automatically credited back by Verizon on your next bill or mailed to the last address on file if you are a former customer.

“I normally never answer a call with a Caller ID number I don’t recognize, but I was fooled because the number reported was Verizon Wireless customer service’s own number,” said Dylan, a Stop the Cap! reader who now admits he gave away too much information. “I foolishly gave them my account password, address, and phone numbers and only got suspicious when they asked for my Social Security number. That is when I knew and I hung up and called Verizon and changed my account password before the scammers did.”

“I learned my lesson.”

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