Sunday, November 30, 2014

Walmart Black Friday Protests Hit Major Cities With Calls For '$15 And Full Time'

WASHINGTON -- Dirk Rasmussen had Friday off and could have slept in if he wanted to. Instead, the Maryland resident and Teamster rose early and drove to downtown Washington, eager to join a post-Thanksgiving protest against Walmart.

"Our local [union] president encouraged us to take part," said Rasmussen, 58, who works in a lumber and building-supply warehouse. "I raised eight children on a Teamsters benefit package and Teamsters wage. I'm a firm believer in collective bargaining, and I'm very concerned about the security of this next generation."

Black Friday may be most famous for doorbuster shopping deals, but among progressives it's becoming a regular holiday for labor demonstrations. Friday marked the third consecutive year of scattered but highly visible protests against Walmart. Demonstrators, along with an unknown number of Walmart strikers, are calling for better pay and scheduling practices from the world's largest retailer.

On Thursday and Friday, photos on Twitter tagged with #walmartstrikers showed sizable protests in D.C., Pittsburgh, Northern New Jersey, Los Angeles, Long Beach, Calif., and St. Paul, Minn., among other areas. The protests were led by OUR Walmart, a union-backed worker group, alongside community and labor groups in different cities.

Dan Schlademan, campaign director of Making Change at Walmart, a project of the United Food and Commercial Workers International Union, said on a call with reporters Friday that he expects the number of strikers to be in the hundreds by the end of the day, though the group could not provide a specific number of workers who'd submitted strike notices to their bosses.

"All the signs that we're seeing is that this is going to be the biggest day ever," Schlademan said.

Brooke Buchanan, a spokeswoman for Walmart, told HuffPost that the retailer was more concerned with serving its customers than with protests it views as union stunts. According to Buchanan, more than 22 million shoppers came to Walmart stores on Thanksgiving alone this year.

"We're really focused on our customers," Buchanan said. "We've got millions of customers coming in [on Thanksgiving] and Friday, and we're making sure they have a safe and exciting shopping experience."

In D.C., a crowd estimated at 200 to 400 people assembled outside the Walmart store on H Street Northwest, calling on the retailer to commit to "$15 and full time" -- a wage of $15 per hour, the same rate demanded by fast-food strikers, and a full-time schedule for those who want it. One of OUR Walmart's top criticisms of the retailer is that part-time workers don't get enough hours.

The protest was large enough to draw the D.C. police, who stood at the store's doors and dispersed the crowd after about an hour.

Melinda Gaino, an employee at the store, said she would be missing three shifts this week while on strike. Gaino took part in a sit-down strike on Wednesday inside the H Street store, where she and other protesters sat on the floor with tape over their mouths, calling on Walmart to end what they called the silencing of workers.

Gaino, a 45-year-old mother of four, said she joined OUR Walmart in August out of concern with some of the challenges faced by her colleagues. Many workers, she said, don't get enough hours to support their families.

"This has given me more confidence," Gaino, who earns $9.90 per hour, said of going on strike. "I said I've come this far, so I may as well go all in."

Correction: This item originally misstated the number of Walmart shoppers on Thanksgiving.


Saturday, November 29, 2014

Buick Dealership Offers A Free Car -- And A Lesson In The Derivatives Market

Bill Kay Buick GMC is promising a complete refund to anyone who buys a new car on Friday or Saturday if it snows more than 6 inches on Christmas Day in Chicago.

"No one has ever done this in the car business before," Karl Regalado, Bill Kay's general manager, told The Huffington Post. "It's legit. A lot of people think it's a scam."

It's not a scam; it's a derivatives contract.

(Bill Kay Buick GMC)

For two days only, your new Buick comes with what is essentially a weather derivatives contract. Typically the only people dealing in weather derivatives are investment banks and insurance companies with teams dedicated to betting on things like hurricane and flood risk.

For example, to offset its risk of paying out millions of dollars to homeowners in case of a hurricane, an insurance company will set up a derivatives contract with an investment bank. The bank agrees to pay out some amount of money in case the storm actually does hit. If the storm misses land, the bank wins. If the storm hits, the insurance company loses less.

At Bill Kay Buick GMC, the deal is more simple: If it snows 6 inches or more on Christmas at Chicago's O'Hare Airport, you get your money back. And really, Bill Kay means that quite literally -- 2 inches on Dec. 24 and 5 inches on the 25th without melting won't cut it. A half-foot of snow has to fall from midnight to 11:59 p.m. on Dec. 25. If that doesn't happen, you keep your car for the price you paid. That's risky, so Bill Kay bought insurance from a company called HCC that specializes in financially protecting companies and people from odd things, like the chance that a professional athlete's career will be cut short by injury.

Regardless of what happens, Bill Kay gets some publicity (this post included, you're welcome!). That insurance should have been pretty cheap -- a little more than $10,000 based on my estimate. The fair price to insure the dealership's expected $1 million in sales is less than 1 percent of $1 million, but for the sake of round numbers, let's assume it's $10,000, plus a bit more because the insurance company is being conservative and tacks on a fee. Still, the total cost the dealership paid to the insurance company is probably less than $12,500. That's the equivalent of a 10 percent discount on five $25,000 Buicks.

So Bill Kay's Buick GMC, the only weather-derivatives-dealing car dealership in America, is doing something pretty smart: Offloading its entire refund risk to its insurance company at a price that's cheaper than a run-of-the-mill sale to which no one (myself and the Tribune included) would have paid much attention.

That's because, based on historical data, the chance of Chicago getting 6 inches of snow on Christmas is less than 1 percent. Chicago is a cold, snowy city, but heavy snowfall happens infrequently, as you can see from this chart. Snow days of 3 inches or more are the dark blue lines occurring around 2 percent frequency in December:

The record Christmas Day snowfall in Chicago, according to the state's climatologist, was 2.5 inches in 1965.

According to data from the National Oceanic and Atmospheric Administration, from 1981 to 2011, it snowed 5 inches or more in December an average of just 0.3 days. That's just 1 percent of the days. It's not enough snow to trigger the free-car deal, and it includes the entire month of December. The odds of big snow days are the same in January, which is useful. The dealership and its insurer don't need to worry about a more-frequent early January storm happening in late December.

Bill Kay has already seen the deal's payoff. It has "been a great media blitz in the last 24 hours or so," Regalado said. And things will only get better, he says, if they give away cars on Christmas.

"No matter how many cars we sell, whether it's 40, 50, 60 or 70, this is a win, win, win. If it snows 6 inches on Christmas, everyone is going to know who we are."


Friday, November 28, 2014

Here Are The Most Googled Toys In Each State

The must-have holiday gift this year isn't a cutting edge robot or even the latest video game console, it's a Rubik's cube. Well, it is if you live in Colorado, anyway.

A new map made by SumoCoupon, a website that offers discounts at various stores, reveals the gifts that are most popular in each state this holiday season. SumoCoupon came up with the map by analyzing Google search volumes to see which item people were Googling the most in each state. They determined which toys to include using "curated lists of classic and more modern popular toys and games," the company wrote The Huffington Post in an email.

Some of the hottest presents this year had us a little surprised. Everybody knows toys from Disney's "Frozen" are bound to be a hit this year. But it looks like there's still plenty of competition from American classics like baseball gloves and Barbies. Check out which holiday toy is trending in your state.


Thursday, November 27, 2014

Thanksgiving Day Deals Trump Black Friday This Year

NEW YORK (AP) — Thanksgiving could be the best day to shop all year.

An analysis of sales data and store circulars by two research firms contradicts conventional wisdom that Black Friday is when shoppers can get the most and biggest sales of the year.

Turns out, shoppers will find more discounted items in stores that are open on Thanksgiving. For example, there are a total of 86 laptops and tablets deeply discounted as door buster deals at Best Buy, Wal-Mart and others on the holiday compared with just nine on Black Friday, according to an analysis of promotions for The Associated Press by researcher MarketTrack.

And on the Web, discounts will be deeper on the holiday. Online prices on Thanksgiving are expected to be about 24 percent cheaper compared with 23 percent on Black Friday and 20 percent on Cyber Monday, according to Adobe, which tracks data on 4,500 retail web sites.

The data is the latest proof that retailers are slowly redefining the Black Friday tradition. It's been the biggest shopping day of the year for years, mostly because it's traditionally when retailers pull out their best sales events. But in the last few years, retailers like the Gap, Target and Toys R Us have started opening their stores and offering holiday discounts on Thanksgiving to better compete with online rivals.

"I was surprised, but it really shifted one day," said Tamara Gaffney, principal analyst at Adobe, which is based in San Jose, California.

Shoppers already are noticing the deals on Thanksgiving. Corey Grassell, 34, of Appleton, Wisconsin, said he plans to shop for deals on Thanksgiving and bypass Black Friday. That's after he grabbed bargains last year on the holiday, including a washer-dryer combination at Sears for about $800, a 50 percent discount.

"I feel guilty for going out on Thanksgiving, but the deals are so much more attractive to me than on Black Friday," he says.

But some industry watchers fear others won't shop on Thanksgiving, choosing to keep the day sacred. Those who wait instead to shop on Black Friday could wind up being disappointed with the leftover deals, they say. In fact, according to Deloitte Research's recent survey of shoppers, about two-thirds say they're not motivated to go out to stores Thanksgiving because it's important to be with family and friends.

"Shoppers could be disappointed and find that the hot items on their list are not in stock on Black Friday because of the early push by retailers," says Traci Gregorski, MarketTrack's vice president of marketing.

She says she's conducting a survey of shoppers after the holiday shopping weekend to see how retailers fared. "We want to get shoppers' perception of these deals," she says.

Most big retailers acknowledge that they're starting to offer deals on Thanksgiving that previously were reserved for Black Friday.

Jeff Haydock, a spokesman at Best Buy, the nation's largest consumer electronics chain, said the best deals become available Thanksgiving when its doors open at 5 p.m. For example, one of Best Buy's Thanksgiving specials is a $899 55-inch LED Smart TV, the lowest price it has ever offered on a Samsung ultra-high definition TV of this size. That will be available on Friday —if supplies last.

"Naturally, more of the deals are being pulled into Thursday because our stores are open," says Haydock.

Brian Hanover, a spokesman at Sears, which is opening at 6 p.m. Thursday, also says Thanksgiving specials spill into Black Friday. But the quantities for the 1,000 door busters are limited. They include Nordic Track treadmills for $699.99, or an $800 discount, and a 36 percent savings on a Whirlpool laundry machine, regularly priced at $549.99.

"It probably behooves the customer to shop earlier on Thanksgiving," he says.

For its part, Wal-Mart, the world's largest retailer, says it's spreading out discounts online and in the store. But Gregorski, of MarketTrack's says its "evident" in Wal-Mart's circular that "the best deals are on Thanksgiving."

To be sure, for its two sales events on Thanksgiving, Wal-Mart devotes 36 pages of its circular to discounted TVs, computers and other items. On Black Friday? Wal-Mart has four pages of deals.

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Follow Anne D'Innocenzio at — https://twitter.com/adinnocenzio


Wednesday, November 26, 2014

Black Friday Is One Of The Busiest Days For Gun Purchases

BRIDGEPORT, W.Va. (AP) — Black Friday isn't just when shoppers rush to stores for holiday sales. It's also one of the busiest days of the year for gun purchases.

In the U.S., there are nine guns for every 10 people. Someone is killed with a firearm every 16 minutes. And every minute, gun shops make about 40 new requests for criminal background checks on people wanting weapons.

On Black Friday, the rush accelerates to nearly two checks a second, testing the limits of the National Instant Criminal Background Check System.

"We have a perfect storm coming," says Kimberly Del Greco, a manager in the FBI division that helps run the system, known as NICS.

Much of the responsibility for preventing criminals and the mentally ill from buying guns is shouldered by about 500 men and women who run the system from inside the FBI's criminal justice center, a gray office building with concrete walls and mirrored windows just outside Bridgeport, West Virginia.

Granted a rare glimpse into the inner workings of the NICS, The Associated Press was able to see first-hand why 512 gun sales a day effectively beat the system last year.

By federal law, NICS researchers must race against the clock: They have until the end of the third business day following an attempted firearm purchase to determine whether or not a buyer is eligible. After that, buyers can legally get their guns, whether or not the check was completed.

This clock ran out more than 186,000 times last year.

The problem is the data.

States voluntarily submit records, which are often missing information about mental health rulings or criminal convictions, and aren't always rapidly updated to reflect restraining orders or other urgent reasons to deny a sale. It's a particular problem on Black Friday, when so many background checks are done at once.

There are more than 48,000 gun retailers in the U.S., from Wal-Mart stores to local pawn shops. Store clerks can use the FBI's online E-Check System, which federal officials say is more efficient. But nearly half the checks are phoned in. Three call centers — in Kentucky, Texas, and Wheeling, W.Va. — take these calls from 8 a.m. to 1 a.m. every day but Christmas.

NICS did about 58,000 checks on a typical day last year. That surged to 145,000 on Black Friday 2013. They're bringing in 100 more workers than usual for the post-Thanksgiving rush this year.

The call centers have no access to privileged information about buyers' backgrounds, and make no decisions. They just type in their name, address, birthdate, Social Security Number and other information into the system. On Black Fridays, the work can be grueling: One woman took a call that lasted four hours when a dealer phoned in the maximum 99 checks.

"Rules had to be stretched," recalled Sam Demarco, her supervisor. "We can't transfer calls. Someone had to sit in her seat for her while she went to the bathroom."

In the years since these background checks were required, about 71 percent have found no red flags and produced instant approvals.

But ten factors can disqualify gun purchasers: a felony conviction, an arrest warrant, a documented drug problem or mental illness, undocumented immigration status, a dishonorable military discharge, a renunciation of U.S. citizenship, a restraining order, a history of domestic violence, or an indictment for any crime punishable by longer than one year of prison time.

Any sign that one of these factors could be in a buyer's background produces a red-flag. FBI researchers then investigate, scouring state records in the federal database and calling state and local authorities for more information.

"It takes a lot of effort ... for an examiner to go out and look at court reports, look at judges' documents, try to find a final disposition so we can get back to a gun dealer on whether they can sell that gun or not," Del Greco says. "And we don't always get back to them."

The researchers must use their skill and judgment, striking a balance between the rights of gun owners and the need to keep would-be killers from getting firearms.

Researcher Valerie Sargo says outstanding warrants often come up when they examine a red flag, and that can help police make arrests.

"It makes you feel good that this person is not supposed to have a firearm and you kept it out of their hands," she says.

It also weighs on them when red flags aren't resolved within three days, which happens about two percent of the time, or 512 checks each day on average. Tacked to a cubicle wall, a sign reads: "Our policy is to ALWAYS blame the computer."

These workers have considerable responsibility, but little independent authority.

"They won't proceed or deny a transaction unless they are ABSOLUTELY certain the information they have is correct and sufficient to sustain that decision," FBI spokesman Stephen G. Fischer told the AP.

FBI contractors and employees oversaw more than 9 million checks in the first full year after the system was established as part of Brady Handgun Violence Prevention Act in 1998. By last year, they oversaw more than 21 million. In all, only 1.25 percent of attempted purchases are denied. Denials can be appealed.

People can get guns without background checks in many states by buying weapons at gun shows or from individuals, a loophole the National Rifle Association does not want closed. But even the NRA agrees that the NICS system needs better data.

"Any database is only going to function as well as the information contained within," NRA spokesman Andrew Arulanandam says.

Del Greco doesn't see the states' data improving soon, which only adds to the immense challenge of getting through huge numbers of requisite checks on Black Friday.

"It's really critical that we have accurate information," Del Greco says. "Sometimes we just don't."


Tuesday, November 25, 2014

Why You Shouldn't Wait For Cyber Monday To Shop Online

Shoppers who don't want to face the crowded stores on Thanksgiving or Black Friday but still want to get some good deals often shop online on Cyber Monday. But the Monday after Thanksgiving is no longer the best day for online shopping.

Every year, sales start earlier and earlier. Now, many start on Thanksgiving -- both in brick-and-mortar stores and online -- so you're better off shopping earlier to catch the best deals. Here's why:

Most of the good deals start way before Cyber Monday. Amazon started its Black Friday sales a full week before Black Friday (and 10 days before Cyber Monday). Other stores, such as Best Buy, will have special online-only deals on Thanksgiving.

You won't be alone if you start shopping on your phone during Thanksgiving dinner. Thanksgiving is projected to be the biggest mobile shopping day of the year, according to Adobe.

The deals are not as good. Your best bet for online shopping is actually Thanksgiving, according to research by Adobe. Online prices are lowest on Thanksgiving, higher on Black Friday and even higher on Cyber Monday. Now you officially have an excuse to shop on your phone while your family argues.

What you want could be sold out. The things you want to buy are probably available in limited quantities, and a lot of things could be sold out by Monday. Adobe measured how often online shoppers were looking at out-of-stock items and found that Cyber Monday was the top day for people to land on out-of-stock items' pages, suggesting that people were having a hard time buying what they were seeking.

Amazon is taking advantage of this by creating deals that exist only for a limited time or while supplies last.

You're more likely to get your gifts in time for the holidays. As you may recall from last year, UPS had difficulty getting packages to their destinations by Christmas. Amazon ended up offering people $20 gift cards if their gifts were delayed. The earlier you shop, the better the chances are that your items will arrive in time for the holidays.


Monday, November 24, 2014

Used Car Dealership Hit With $8 Million Fine For Allegedly Harassing Customers

Elizabeth Warren's brainchild watchdog agency is cracking down for the first time on a used car dealer that also acted as an auto lender for allegedly harassing customers who were late on their payments.

The Consumer Financial Protection Bureau, conceived by Sen. Warren (D. Mass.) during the financial crisis, fined Phoenix-based DriveTime Automotive Group, Inc., the country's largest "buy here, pay here" lender, $8 million on Wednesday. As part of a settlement agreement, DriveTime and its finance company, DT Acceptance Corporation, said they would change debt collection practices.

"Buy here, pay here" auto companies sell used cars, but consumer advocates say they operate more like subprime lenders. The companies offer low-income customers with poor credit ratings auto loans with interest rates that can top 30 percent, according to a 2011 Los Angeles Times investigation.

DriveTime’s average customer has an annual income of between $37,000 and $50,000, a FICO credit score between 461 and 554 and paid an average of 19 percent in interest on their loan, according to the CFPB. (According to FICO, a credit score of 660 or higher is typically considered "good.")

People who buy cars at these types of dealerships usually return to the lot to make payments, often in cash -- hence the term “buy here, pay here.” The companies also expect some of these buyers to fall behind on their payments, consumer attorneys say, which can benefit the dealer.

“When a customer defaults, the company can repossess the car and resell it again, often numerous times,” said John Van Alst, the director of the National Consumer Law Center’s “Working Cars For Working Families” project, which advocates for policy reform and transparency in used car and car finance markets.

DriveTime would repeatedly call customers who fell behind for payments, according to the CFPB settlement. Where the company fell afoul of the law, CFPB alleged, is when it called people at work, risking them getting fired. One DriveTime customer was called 30 times at work by the company’s collectors, even after the customer had asked them to stop, according to court documents. The CFPB charged that DriveTime management actually encouraged this tactic.

“Consumers who purchase a car at a buy-here, pay-here dealer deserve to be treated fairly,” said CFPB Director Richard Cordray. “DriveTime harassed and harmed countless consumers, many of whom were economically vulnerable.”

“DriveTime strives to comply with all applicable laws and provide exemplary service to our customers,” said company general counsel and Executive Vice President Jon Ehlinger in a prepared statement. “DriveTime had taken and has continued to take steps to enhance its customer experience, and loan servicing activities, including the handling of do not call requests.”

According to the settlement, DriveTime employes 290 collectors in order to secure its owed payments.

The DriveTime agreement marks the CFPB's first action against a “buy here, pay here” company, and signals that the growing federal agency -- newly minted in 2010 as part of the Dodd-Frank financial reform law -- is watching the industry, which has ballooned in size in recent years.

The number of cars sold by “buy here, pay here” lots in the U.S. grew from 1.3 million in 2001 to 2.4 million in 2010, according to the 2011 Los Angeles Times investigation. More recent data is hard to come by. “BHPH [buy here, pay here] is a fractured industry with few large or publicly traded participants, making it difficult to estimate transaction volume,” says the website of the Federal Deposit Insurance Corporation.

“Buy here, pay here” dealers represent around 10 percent of the overall auto finance market, said Chris Kuklas of the Center For Responsible Lending, research group that fights predatory lending practices. The overall auto finance market is worth $940.9 billion, according to the Federal Reserve.

At DriveTime, where at any given moment about 45 percent of customers were delinquent on their payments, calling people at work wasn’t the only law the company broke, regulators charged.

The settlement also alleges that the company inaccurately reported its customers to credit bureaus, even when DriveTime had “reasonable cause to believe” the information it was reporting was wrong. Regulators charged that when DriveTime repossessed its customers’ cars, it told the three biggest credit bureaus in the country that the repossessions had happened more recently than they actually had.

Having a car repossession listed on your credit report dings your credit score, and can make it more difficult to find a job or be approved for a credit card or mortgage.

DriveTime took steps to improve the way it reported customers to credit bureaus both before and during the CFPB investigation, Ehlinger said. The company is “look[ing] forward” to “improving its customer service and compliance practices” in coming years, he added.

Federal authorities have recently been cracking down on the way lenders sometimes unfairly harm consumers’ credit reports. Over the summer, the CFPB fined an auto lender in Texas $2.75 million for allegedly providing inaccurate information about borrowers to credit agencies for years.

“We’re focusing on accuracy with credit reporting because credit ratings have such an impact on people’s financial well-being,” CFPB spokesman Sam Gilford told The Huffington Post on Wednesday.

Kuklas said that "buy here, pay here" companies fall under the CFPB’s authority because they are more like debt collectors than car dealers. The agency has recently tried to clamp down on the tactics debt collectors use to get people to make payments on delinquent bills.

In August, the CFPB took action against a Georgia debt collection firm that it alleged operated like a “factory” in suing hundreds of thousands of people for old debts, while spending less than a minute reviewing each lawsuit for accuracy.

One out of every three Americans has an unpaid bill “in collections,” according to a July study by the Urban Institute, a Washington, D.C., think tank. Debts in collections can harm your credit score and even lead to your savings and wages getting seized.

CORRECTION: A previous version of this article stated that the number of "buy here, pay here" lots grew from 1.3 million in 2000 to 2.4 million in 2009. In reality, the number of cars sold by "buy here, pay here" lots grew from 1.3 million in 2001 to 2.4 million in 2010, according to a Los Angeles Times investigation.