This is a Test

This is a test to find out what happens when I schedule a post to be posted at a time that does not exist. 2:10am, Sunday, March 13, 2011.

See, it's Daylight Savings Time again and at 2:00am, our clock jumps forward one hour to 3:00am.

(Yeah, I know the servers probably run on UTC but that's not the point. :) )

Facebook

It would seem as though I've abandoned this blog in favor of Facebook. And I suppose that's fine. The only problem is this: Facebook doesn't allow for the long-ish posts I can provide here. Not sure what (if anything) I want to do about that. :)

Imran, stop spamming!

I wonder if this means I'm popular now....

Some asshole has been comment spamming on my Two Magic Words post. And it's really, really annoying to have to come in and delete posts each and every time he does it. This asshole's name is possibly Imran (based on a URL he spammed in the comments) and Imran is really starting to piss me off....

Roxio Creator 2010 Special Edition

GOD DAMN FUCKING PIECE OF SHIT SOFTWARE!!!!!!!!!!!!!

This fucking asshole software is supposed to make transferring stuff to DVD easy but it's fucking shit. This crap is no where near ready to be released and they've even already released a "Service Pack" to address some of the fucking problems. But the goddamn software can't fucking make menus correctly, locks up for no good reason and is just in general a FUCKING PIECE OF SHIT SOFTWARE!!!! How the FUCK did this bullshit pass their testing department? Do they have only one fucking computer there to test shit on? These bugs are Class A bugs!

I FUCKING HATE THIS SHIT!!!!!!!!!!!!!!

(Yes, I feel better now.)

California's Supreme Court and Prop 8

I suppose it's time I finally weigh in on the California Supreme Court's decision on Proposition 8. And my opinion may surprise you.

I haven't read the entire decision (it's over 100 pages long) but from what I've gleaned from it their decision was the right one. No, I'm not happy that it means I am now a third class citizen simply because I didn't marry someone of the same sex between June and November of last year. And here's why. The court was asked to decide whether or not Proposition 8 was a "revision" or an "amendment". I thought while watching the Court proceedings that the "revision" argument was actually a fairly weak one. And it seems I was correct.

The Court decided it was an amendment and that the People can amend the California constitution through the initiative process even if, and this is important, that amendment is "unwise". They did not reverse their ruling from last year saying that Proposition 22 was unconstitutional. As to how the Justices can reconcile the apparent dichotomy there I'm not sure.

They also ruled that the 18,000 or so same-sex couples who were married can stay married even though the state's constitution now says those marriages are invalid. Some have said that this is the great wisdom in the ruling. Perhaps now the matter will be brought up to the United States Supreme Court under the equal protection clause of the 14th amendment. (The minority is protected from the tyranny of the majority.)

In the future (if not already), I bet we'll hear from these discriminatory people who voted Yes on Proposition 8 that the judges were right. And these are the same "activist judges" they were so opposed to last year! These opponents to gay marriage seem to really have short attention spans.

I believe the Court's ruling is probably correct. (Again, I haven't read the whole thing; I'm not sure I'm going to.) The ruling means that it is just as easy to repeal Proposition 8 as it was to enact it. And that may also be the wisdom of the Court.

The struggle continues.

"Heather" is gagged!

I'm not sure I could be much happier with the last two days and the annoying (and illegal) Robocalls for auto warranties and "lower" credit card interest rates. Today, a judge has granted the temporary restraining order forbidding these fucking asshole companies! from making any more phone calls. The press release is below and is taken from http://www.ftc.gov/opa/2009/05/robocalls2.shtm.

(I realize some folks reading this may not like my choice of colorful language above but sometimes, a little foul language is really the only choice in adequately describing how I feel. :) )

Judge Orders Halt to Illegal Robocalls Selling Deceptive Warranties

Today Judge John F. Grady of the United States District Court for the Northern District of Illinois issued a temporary restraining order stopping telemarketing company Voice Touch, Inc., its principals James and Maureen Dunne, its business partner Network Foundations LLC, and Network Foundations principal Damian Kohlfeld from making any further calls in violation of the Do Not Call Registry and other provisions of the Telemarketing Sales Rule and the FTC Act. The FTC filed the case yesterday, charging that the defendants were operating a massive telemarketing scheme that used random, pre-recorded phone calls to deceive consumers into thinking that their vehicle’s warranty is about to expire.

“Today the FTC has disconnected the people responsible for so many of these annoying robocalls,” said FTC Chairman Jon Leibowitz. “We expect to see a dramatic decrease in deceptive auto warranty calls, but we are still on high alert.” If consumers continue to receive unsolicited robocalls to numbers on the Do Not Call registry, they should report them to DoNotCall.gov.

In a related matter filed by the FTC, Judge Grady yesterday issued a temporary restraining order against automobile warranty sales company Transcontinental Warranty, Inc., and its CEO and president, Christopher Cowart, who are clients of Voice Touch. In both cases, the court found that the FTC established a likelihood of success on the merits.

The court barred deceptive claims about extended warranties, froze the defendants’ assets, and appointed receivers over Transcontinental and Network Foundations to ensure that documents are preserved and assets are not dissipated. The restraining orders are in effect until a preliminary injunction hearing set for May 29, at which time the judge will reassess what type of relief should remain in place until the case proceeds to trial.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. A complaint is not a finding or ruling that the defendants have actually violated the law.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

Media Contact:

Peter Kaplan
Office of Public Affairs
202-326-2334

Staff Contact:

Steve Baker or Todd Kossow
FTC Midwest Region
312-960-5634

(FTC File Nos. 092-3110, 082-3263)
(RobocallsTRO.wpd)

"Heather From Account Services" Is Finally Sued!

FINALLY!

You've probably gotten these calls. They started with "Heather from account services" and have moved on to dire warnings that your car warranty is about to expire (regardless of whether or not you even have a car) or that you need to act now to lower your credit card interest rates (regardless of whether or not you even have a credit card).

From the FTC site at http://www.ftc.gov/opa/2009/05/robocalls.shtm (which will probably change, disappear or move at some point so I've reproduced the page here. It's from a government agency and, as I understand it, anything produced by the government is in the public domain.)

I particularly love this paragraph:

The FTC is asking the court for Temporary Restraining Orders that would halt the illegal practices while the cases proceed, impose an asset freeze on all the defendants, and put two of the corporate defendants under the control of court-appointed receivers. The agency also is seeking a permanent injunction that would force the defendants to give up their ill-gotten gains so they can be used for consumer redress.

And below is the entire release from the FTC.

FTC Files Suit to Stop Illegal Robocalls Pushing Vehicle “Warranty” Extensions

Companies Charged With Making Hundreds of Millions of Deceptive Calls to Consumers

The Federal Trade Commission is asking a federal court to shut down a telemarketing campaign that has been bombarding U.S. consumers with hundreds of millions of allegedly deceptive “robocalls” in an effort to sell them vehicle service contracts under the guise that they are extensions of original vehicle warranties.

In two related complaints filed in federal court, the Commission took action against both the promoter of the phony extended auto warranties, as well as the telemarketing company that it hired to carry out its illegal, deceptive campaign. In its complaints, the agency contends that the companies are operating a massive telemarketing scheme that uses random, pre-recorded phone calls to deceive consumers into thinking that their vehicle’s warranty is about to expire. Consumers who respond to the robocalls are pressured to purchase extended service contracts for their vehicles, which the telemarketers falsely portray as an extension of the manufacturer’s original warranty.

“This is one of the most aggressive telemarketing schemes the FTC has ever encountered,” said FTC Chairman Jon Leibowitz. “I’m not sure which is worse, the abusive telemarketing tactics of these companies, or the way they try to deceive people once they get them on the phone. Either way, we intend to shut them down.”

According to papers the FTC filed with the court, the robocalls have prompted tens of thousands of complaints from consumers who are either on the Do Not Call Registry or asked not to be called. Five telephone numbers associated with the defendants have generated a total of 30,000 Do Not Call complaints. Consumers received the robocalls at home, work, and on their cell phones, sometimes several times in one day. Businesses, government offices and even 911 dispatchers also have been subjected to the calls.

Those who answer the pre-recorded calls hear a message telling them that their vehicle warranty is about to expire and that they should “extend coverage before it is too late.” They are told to “press one” to speak to a “warranty specialist.” The “specialists” then mislead consumers into believing that their company is affiliated with the dealer or manufacturer of the consumer’s vehicle. They try to sell consumers a service contract for between $2,000 and $3,000, which they falsely portray as an extension of the vehicle’s original warranty. The seller of extended auto warranties sued by the FTC allegedly took in more than $10 million on the sale of these deceptively marketed service contracts.

In their robocalls, the companies dial every phone number within a particular area code and prefix sequentially, without knowing anything about the vehicles of the consumers they call, or whether those consumers’ numbers are on the Do Not Call Registry, the FTC alleged. Consumers who asked that the calls be stopped often were met with “abusive behavior” or were simply hung up on, according to the papers filed with the court. Some of the defendants used offshore shell corporations to try to avoid scrutiny, and a top officer in the telemarketing company bragged to prospective clients that he could operate outside the law without any chance of being caught by the FTC, the papers stated. This defendant also claimed that he makes 1.8 million dials per day and that he had done more than $40 million worth of dialing for extended warranty companies, including one billion dials on behalf of his largest client, according to the court papers filed by the FTC.

In addition to the robocalls, the FTC charged that the company selling the warranties mails out deceptive postcards to consumers, warning them about the imminent expiration of their auto warranties. The postcards are designed to mislead consumers into believing that they are being contacted by their dealer or manufacturer, and the postcards offer consumers the chance to “renew” their original warranties.

The complaints charge that the defendants’ deceptive practices violate the FTC Act, and that the defendants also have violated the FTC’s Telemarketing Sales Rule (“TSR”) by calling consumers whose numbers were on the National Do Not Call Registry. The complaints further charge that the defendants violate the TSR by calling consumers who previously had asked not to be called; by concealing their phone numbers so they would not show up on caller ID, a practice known as “spoofing”; by failing to identify themselves to the consumers they called; and by failing to disclose that the call was a sales pitch.

The FTC is asking the court for Temporary Restraining Orders that would halt the illegal practices while the cases proceed, impose an asset freeze on all the defendants, and put two of the corporate defendants under the control of court-appointed receivers. The agency also is seeking a permanent injunction that would force the defendants to give up their ill-gotten gains so they can be used for consumer redress.

The complaints were filed in the U.S. District Court for the Northern District of Illinois on May 14, 2009. The complaint against the robocaller names as defendants a Florida-based company called Voice Touch Inc., and two of its principals, James and Maureen Dunne. It also names an Illinois-based company affiliated with Voice Touch called Network Foundations, LLC and a principal in that company, Damian Kohlfeld. The second complaint names a Florida-based company called Transcontinental Warranty Inc., which sells extended auto warranties, and the company’s president and CEO, Christopher D. Cowart.

The Commission would like to acknowledge the extraordinary cooperation that telecommunications carriers AT&T Mobility and Verizon Wireless provided in the investigation of the case. The Commission also greatly appreciates the help of several state attorneys general.

The Commission votes authorizing the staff to file the complaints were 4-0.

NOTE: The Commission files a complaint when it has “reason to believe” that the law has been or is being violated, and it appears to the Commission that a proceeding is in the public interest. A complaint is not a finding or ruling that the defendants have actually violated the law.

The Federal Trade Commission works for consumers to prevent fraudulent, deceptive, and unfair business practices and to provide information to help spot, stop, and avoid them. To file a complaint in English or Spanish, visit the FTC’s online Complaint Assistant or call 1-877-FTC-HELP (1-877-382-4357). The FTC enters complaints into Consumer Sentinel, a secure, online database available to more than 1,500 civil and criminal law enforcement agencies in the U.S. and abroad. The FTC’s Web site provides free information on a variety of consumer topics.

MEDIA CONTACT:
Peter Kaplan,
Office of Public Affairs
202-326-2334

STAFF CONTACT:
Steve Baker or Todd Kossow,
FTC Midwest Region
312-960-5634



(FTC File Nos. 082-3263, 092-3110)
(Robocalls.wpd)

I Can't Believe....

...I've sided with Republicans. For once, I agree with my Republican congressman. Is the sky falling??

It's about the Digital TV transition delay. Thankfully, it failed to pass in the House of Representatives today. As I wrote to both of my Senators (Democrats) and to my Congressman (Republican), the benefits to the 90% of the country greatly outweigh the slight inconvenience to the remaining 10% who will be without their beloved Televisions for a couple days. Being able to watch The View is NOT a right.

I HATE INTERNET EXPLORER!!!

How can a huge company like Microsoft make such a non-standards compliant and buggy web browser!?!? It's just absurd!

Grrrrrr........

Proposition 8: I Told You So....

I sorta kinda hate to say it, but I told ya so.

Now that Proposition 8 passed (and Ken Starr of the Whitewater investigation which turned into an investigation into President Clinton's sex life has signed on to argue for upholding Proposition 8), supporters of Proposition 8 have filed a brief with the California court which seeks to have nullified all 18,000 or so same-sex marriages performed while they were legal. Remember what I said in my post about "Valid" marriages and fear? They're doin' it.

According to an Associated Press article titled "Calif. AG urges court to void gay marriage ban" published today:

The sponsors of Proposition 8 argued for the first time Friday that the court should undo the marriages of the estimated 18,000 same-sex couples who exchanged vows before voters banned gay marriage at the ballot box last month.

The Yes on 8 campaign filed a brief telling the court that because the new law holds that only marriages between a man and a woman are recognized or valid in California, the state can no longer recognize the existing same-sex unions.

I seem to remember something about the Yes on 8 Campaign saying they don't want to take away rights. Fucking hypocrites.