Microsoft Creates Funny but Misleading Video Ad Campaign Comparing Dell Tablet to iPad

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In the video below (source), Microsoft compares their tablet platform to the Apple iPad. Some of the essential details about the two devices are left out.

The most misleading part of the video is the representation that an iPad is unable to read from an SD media card to import photos. In fact, there is an adapter that allows the iPad to import photos from a USB device, camera, or SD card. This is only clarified on the Microsoft tablet comparison web page.

There’s a series of videos from Microsoft about their tablet platform making similar comparisons with the iPad. In one video, it’s implied that there’s no external keyboard option for the iPad. That’s simply not true.

Since the Microsoft tablet platform has a lot to offer, it’s a shame that Microsoft feels they need to make misrepresentations when comparing to their competition.

Hewlett-Packard System Recovery Computer Restore Media Disks Limited to One Copy Only

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In the past, companies would provide system recovery disks (on CD or DVD format) so people could restore a computer in the event of a system failure such as a corrupted operating system, virus infection, or hard drive crash.

Depending on the company,  you might have received a copy of Windows along with other disks for additional software and drivers. Or, you might have received a single set of recovery disks.

Over time, companies became stingy and greedy. Instead of choosing what’s in the best interest of their customers, they chose to place profits above people. In an effort to save a few pennies, they stopped shipping system recovery discs.

Some companies created a system recovery partition on the hard drive so the computer could be restored to factory-like condition without disks. However, this wasn’t much help if your hard drive had crashed.

Other companies began to offer a system recovery media tool that would let you create system recovery disks using your own blank CDs or DVDs.

For some incomprehensible reason, Hewlett-Packard only allows their customers to create one set of recovery media. If those get lost or damaged, your computer is rendered useless in the event you need to restore it.

Presumably, if you create the recovery media, then recover your computer, at that point, the system would be unaware that recovery media had ever been created and you could create another set of recovery media. Or, alternatively, you could simply make ISO disk image backups of the recovery media so you can keep a backup copy in a safe place. Given that there are obvious workarounds to HP’s attempt to prohibit having multiple copies of the recovery media, it would seem that HP is simply being petty, short sighted, and ignorant of how easy it is to technically get around their prohibition.

For most new computers, it’s a good idea to create a complete system recovery image after you’ve spent a few days removing the unnecessary software, loading in your own software, and configuring the computer for your network, printer, and other peripherals. There is a complete system backup feature in the advanced versions of Windows. You can also purchase software like Acronis to make a system image.

Hacked Email Account Resulting in Fake Appeal From a Friend Asking for Money

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This is a fairly common scam, but some may still not be familiar with it so its worth mentioning.

You may receive a desperate email from a friend, someone you know, who claims they’ve been mugged or are in some other similar situation and need money from you. Below is an example.

You should use caution with such appeals and not reply to them directly. Instead, try contacting the person by phone or get in touch with their friends and family if you indeed feel the request is legitimate.

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From: Your Friend <yourfriend@website.com>
Subject: SAD NEWS!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
Date: August 1, 2013 3:46:29 PM CDT
To: undisclosed recipients: ;
Reply-To: Your Friend <yourfriend@website.com>

Am so sorry that i didn’t inform you about my trip,I’m writing this with tears in my eyes,I came down here to Manilla Philippine for a short vacation unfortunately i was mugged at the park of the hotel where i stayed all cash,credit card and cell were stolen off me but luckily for me i still have my passports with me.

I ‘ve been to the embassy and the Police here but they’re not helping issues at all and my flight leaves in less than hours from now but having problems settling the hotel bills and the hotel manager won’t let us leave until i settle the bills,I’m freaked out at the moment.

Thanks.

Your Friend’s Full Name
Your Friend’s Address
Your Friend’s Phone Number

SCAM: Timeshare Victims Compensation Fund

Consumer Defense Resource Group

There is a scam currently being perpetrated against people who have lost money through timeshare frauds. The perpetrators apparently have obtained a list of names and contact information for people who lost money. So, when the unsuspecting victim receives a phone call, they assume it must be legitimate since the caller appears to know things that only an official government agency would know.

Apparently some funds are being dispersed, perhaps to establish the victim’s trust prior to stealing their money — taking back the funds that were disbursed as well as additional funds paid.

The perpetrators of this scam claim that there is a Timeshare Victims Compensation Fund. If you do a Google search for Timeshare Victims Compensation Fund, you’ll notice that no official government website shows up with any information about such a fund.

UPDATE: A group of criminals, thought to be operating out of Miami, Florida, claiming to be the Consumer Defense Resource Group, are engaged in the above illegal activity. Please be advised that they are not affiliate with us or ResourcesForLife.com. For more information, read our statement.

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The following information is from an FBI notice on 15 January 2012 [source] which was also posted on the IC3.gov website:

Timeshare Marketing Scams

01/25/12—Timeshare owners across the country are being scammed out of millions of dollars by unscrupulous companies that promise to sell or rent the unsuspecting victims’ timeshares. In the typical scam, timeshare owners receive unexpected or uninvited telephone calls or e-mails from criminals posing as sales representatives for a timeshare resale company. The representative promises a quick sale, often within 60-90 days. The sales representatives often use high-pressure sales tactics to add a sense of urgency to the deal. Some victims have reported that sales representatives pressured them by claiming there was a buyer waiting in the wings, either on the other line or even present in the office.

Timeshare owners who agree to sell are told that they must pay an upfront fee to cover anything from listing and advertising fees to closing costs. Many victims have provided credit cards to pay the fees ranging from a few hundred to a few thousand dollars. Once the fee is paid, timeshare owners report that the company becomes evasive—calls go unanswered, numbers are disconnected, and websites are inaccessible.

In some cases, timeshare owners who have been defrauded by a timeshare sales scheme have been subsequently contacted by an unscrupulous timeshare fraud recovery company as well. The representative from the recovery company promises assistance in recovering money lost in the sales scam. Some recovery companies require an up-front fee for services rendered, while others promise no fees will be paid unless a refund is obtained for the timeshare owner. The IC3 (Internet Crime Complaint Center) has identified some instances where people involved with the recovery company also have a connection to the resale company, raising the possibility that timeshare owners are being scammed twice by the same people.

If you are contacted by someone offering to sell or rent your timeshare, the IC3 recommends using caution. Listed below are tips you can use to avoid becoming a victim of a timeshare scheme:

Be wary if a company asks you for up-front fees to sell or rent your timeshare.
Read the fine print of any sales contract or rental agreement provided.
Check with the Better Business Bureau to ensure the company is reputable.
To obtain more information on Internet schemes, visit www.LooksTooGoodToBeTrue.com.

Anyone who believes they have been a victim of this type of scam should promptly report it to the IC3’s website at www.IC3.gov. The IC3’s complaint database links complaints together to refer them to the appropriate law enforcement agency for case consideration.

Software Return Policy for Opened, Defective, or Mismatched Products – No Federal Law or Regulation Prohibits Customer Return of Software

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Summary. According to the U.S. Government Federal Trade Commission, consumers have the legal right to return software for a full refund (or perhaps in-store credit) if it is defective, or does not work on their computer, or if it did not perform as advertised, or if they simply decide that for any reason they were not completely satisfied with the product. The validity of this fact is demonstrated by the prevalence of resellers and software manufacturers who offer a 100% money back satisfaction guarantee on their software.

The Software Sales Scam. It’s amazing how many companies have a software return policy that doesn’t permit refunds. What a racket to be in. To presume to have the ability to sell a product and offer zero customer satisfaction is quite offensive. What’s to prevent consumers from being mislead or sold defective products? This page explains your rights as a consumer.

Federal Trade Commission Statement. In a phone call on 11 September 2008, a Federal Trade Commission representative stated the following, “I’m not aware of any Federal law stating that software can’t be returned. I’ve just searched my database and can’t find anything. I’ve never heard of it before.” [Source: Cindy, last name withheld for privacy] Documents available on the Federal Trade Commission website include the following statements regarding software returns.

  • “… that the right to refund can be satisfied by a legal requirement, and that legal requirement is UCITA itself.  So, automatically it will say in mass market licensing you have a right to refund.  There is a right to refund under UCITA…” (Source: Symposium Transcript, 27 October 2000, page 308, lines 4-8) [PDF]
  • “…if you bought software as a consumer or as a small business under certain circumstances and the software doesn’t work, you can go back to the manufacturer or back to the retailer and demand a refund, just as you can get a refund for a tangible good that doesn’t work.” (Source: SymposiumTranscript, 27 October 2000, page 315, 11-16) [PDF]

What Retailers Need to Know. Some retailers misinform, deceive, and manipulate customers by telling them it is against federal law to offer a refund on software once the package has been opened. Retailers must be notified that they are providing false information about federal laws. If retailers have further questions, they can contact the Federal Trade Commission by calling 1-877-FTC-HELP (1-877-382-4357) or via the FTC website. Upper management must not threaten store managers and sales representatives by telling them they are breaking federal law by accommodating a legitimate customer return of software. Retailers have been known to lose the business, loyalty, and trust of many customers simply because they wouldn’t refund a $50 software program. What makes matters worse is that when consumers discover there is no such federal law regarding software returns, they feel lied to and deceived. As a retailer, you need to protect yourself by having the flexibility, discernment, and judgement to serve your loyal customers while reducing illegitimate returns from customers who are trying to take advantage of you. When customers are treated poorly and deceived, you loose them and many of their friends as customers, resulting in substantial losses to your business.

Non-Compliant Retailers. Some retailers are currently not in compliance with regard to offering refunds on software. They will either not offer a refund at all, or only offer a “refund” as part of an exchange for the exact same item. This doesn’t qualify as a refund. A few are perpetuating false information, stating that federal law prohibits them from offering a refund on returned (opened) software. This is simply a lie being told to consumers. If it were true, then how does one explain the many retailers and software vendors who offer 100% money back satisfaction guarantees on software? (see list below) Because these retailers are engaged in this kind of misinformation, and denial of basic consumer legal rights, they are at risk of fines, lost sales, sanctions, boycotts, individual lawsuits, government action, class-action suits, bad press, negative publicity, and increased customer dissatisfaction. We would strongly recommend that you NOT do business with these retailers until they change their return policies. Non-compliant retailers include:

  • Best Buy. “Opened computer software … can be exchanged for the identical item but cannot be returned for a refund.” [Source]
  • Circuit City. “Opened software, music, games, and movies may be exchanged for the same title only.” [Source] This is not in compliance because an exchange is not the same as a refund.
  • Power Max. “Due to regulations within the software industry as well as federal law, opened software may not be returned for a refund.” [Source] This statement is false.
  • West Music. “Federal regulations do not permit the return of opened computer software.” [Source] Elsewhere on their site is this statement, “federal law prohibits the return or exchange of any opened software for any reason.” [Source] These statements are so far beyond false that they are absurd. The statements are so false that a Google search on either of the statements produces only references to the West Music website.

Compliant Retailers. Most legitimate, honest, reputable, genuine, and responsible retailers of software will offer a 100% money-back satisfaction guarantee. No questions asked. In some cases in-store credit is offered. Below are a few examples, and there are many more like these, which is evidence of the fact that there is no Federal Law prohibiting a company from ensuring customer satisfaction and respecting consumer rights with regard to return of open (used) software.

  • Adobe. “Adobe will exchange or refund the purchase of a product or support contract that you purchased directly from Adobe if you contact Adobe to request the return within 30 days of receiving the product.” [Source]
  • Computer Discount Warehouse – “In order to expedite a return, please have the following information on hand when requesting an RMA number: Customer number, invoice number, serial number, reason for return, action to take (replacement/repair/credit) and whether the box has been opened or is manufacturer sealed. Please return all products 100% complete including all original manufacturer boxes with the UPC code and packing materials, all manuals, blank warranty cards, accessories and any other documentation included with the original shipment. RMA approval is contingent upon, among other things, the products being 100% complete.” [Source]
    This well established retailer has always offered a money back guarantee.
  • Interactive Tools. “Your satisfaction is guaranteed 100%. If for any reason you are not totally satisfied with your purchase from interactivetools.com, you are welcome to request a refund. … Refunds are not transferable and will be given to the original purchaser in the same form of payment that was originally made.” [Source]
  • McAfee. “We guarantee that McAfee Security subscriptions will make your computer more secure or your money back. If for any reason you are not 100% satisfied, just let us know within 30 days of purchase and get a full refund. Just send an email to us. That’s risk-free protection.” [Source]
  • SmithMicro. “Return Guarantee: There are no worries with our 30-day, ‘no questions asked’ return policy.” [Source: Advertising literature.]
  • Sunbelt Software. “100% Money Back Guarantee if Product is returned within 30 days of invoice date. … If Product was electronically delivered, a LOD (Letter Of Destruction) on company letterhead will be required.” [Source]

What Consumers Can Do Before You Buy. Although you have the right to return software, as a consumer there are a few things you can do to help avoid conflicts regarding software returns. Because there is some confusion about this issue, avoiding or reducing returns is the best practice.

  • Free Software. There are many free alternatives to commercial software such as AVG AntiVirus, Mozilla Firefox (for web browsing), Mozilla Thunderbird (for email), Open Office (spreadsheet, word processing, presentations, photo editing), and Picasa (for photo management). Look for reputable open source, freeware, and shareware alternatives.
  • Get Prior Approval. At the time of purchase, let the retailer know that because of the complexity of software, if it doesn’t work or causes problems, you want assurance that you can return it for a better product or full refund.
  • Read Reviews. Some software programs are just poorly designed, complicated to use, and have compatibility problems. Before trying a product on your own computer, do some research first to ensure (as best you can) that it will work. Ultimately, the only way to know for sure if a product will work on your computer is to buy it and install it. If it doesn’t work or it causes problems, it’s within your right to return it. If you believe the product is falsely advertised, contact the Federal Trade Commission by calling 1-877-FTC-HELP (1-877-382-4357) or via the FTC website.
  • Try Before You Buy. Whenever possible, customers should download demos of software before purchasing full versions from the store. Or, if no demo is available, but you know someone who uses the program, try using it on their computer.
  • Use Your Credit Card. When you have a legitimate complaint about a product, that can be verified by a third party (such as a computer consultant), then you can request a refund with your credit card company.

Understanding Return Policies. Because of wide-spread abuse (by consumers against retailers), retailers have had to be more strict about accepting returns. The following list describes some of the reasoning behind return policies.

  • Music. Music CDs can be easily copied and saved on a computer. If retailers were to widely accept returns of music CDs, there would most certainly be abuses of that situation where customers would buy a CD, take it home, copy it to their computer, and then return it for a full refund. In such cases, the retailer, the music label, and the recording artist lose out.
  • Movies. Whether you see a movie in a theater or purchase a DVD at the store and watch it at home, it has traditionally been understood that no refund is available afterward.
  • General Merchandise. There is a wide range of non-consumable products and merchandise used by consumers for parties and special events which later gets returned for a full refund. Rather than paying a rental fee, consumers buy products, use them, and then take them back. Examples include tools, hardware, home electronics, and clothing. Consumers who engage in this practice create problems for everyone.
  • Software. The problem with software is that most programs, once installed, continue working even after the software may have been returned to the store. With the high cost of software, some dishonest consumers would be motivated to purchase software, install it, and then return the media for a full refund while keeping the software. However, unlike music, software doesn’t always work as intended. There are complexities to software that may result in a specific program not working for a customer. Sometimes features listed on the box may not work as advertised (or as represented by a sales person). For these reasons, software is (and must be) returnable.
  • Video or Photography Equipment. Consumers have been known to purchase electronics equipment (such as a video camera or digital still camera), use it (at a wedding or while on vacation), and then return it when they are done. In such cases, the retailer takes a significant loss because the merchandise can no longer be sold as new at full price.

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Best Buy Management Misrepresent Federal Laws About Software Returns

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In September 2008, at Best Buy Store #21 in Coralville, Iowa, a customer was sold a computer system with McAfee antivirus software pre-installed by store employees as part of a software bundle sold with the system. Although the antivirus was installed, it had not yet been activated.

The customer tried to activate the software, but it wouldn’t activate. Upon contacting McAfee, it was determined that a shipment of defective software was send to Best Buy stores across the nation.

Despite being informed of this fact, the store manager emphatically stated that a Federal Law prohibited them from providing a refund for software, and he refused to provide a refund.

In working with the Federal Trade Commission, we were able to prove that no such law existed, and we were able to get a full refund for the opened software.

At that time, Best Buy representatives promised that they would no longer strong-arm customers with fear tactics and false statements as a way to avoid honoring legitimate returns.

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10 January 2014 – Update. We’re sorry to report that another incident almost identical to the one described above, has happened again at the same store with the store manager. Read More

 

Research, Advocacy, Awareness, Prevention, Support

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