Two Deaths Reported with Ace Bayou Bean Bag Chairs; Recall Announced Due to Suffocation and Choking Hazards

Consumers should stop using this product unless otherwise instructed. It is illegal to resell or attempt to resell a recalled consumer product.

Recall date: August 22, 2014, Recall number: 14-261


WASHINGTON, D.C. – The U.S. Consumer Product Safety Commission (CPSC) and Ace Bayou Corp., of New Orleans, La., are announcing the voluntary recall of about 2.2 million bean bag chairs following the deaths of two children.

The zippers on the bean bag chairs can be opened and children can then crawl inside, get trapped and suffocate or choke on the bean bag chair’s foam beads. The voluntary standard requires non-refillable bean bag chairs to have closed and permanently disabled zippers.

A 13-year old boy from McKinney, Texas died and a 3-year-old girl from Lexington, Ky. died after suffocating from lack of air and inhaling the chair’s foam beads. Both children were found inside the chairs.

The recalled bean bag chairs have two zippers that can be unzipped and opened, including one of the exterior cover and other directly underneath that zipper.  The recalled chairs with zippers that open were sold in a variety of sizes, shapes, colors and fabrics. They include round or L-shaped, vinyl or fabric, and are filled with polystyrene foam beads. They were sold in a variety of colors, including purple, violet, blue, red, pink, yellow, Kelly green, black, port, navy, lime, royal blue, turquoise, tangerine and multi-color.  The round bean bag chairs were sold in three sizes, 30, 32 and 40 inches in diameter. The L-shaped bean bag chair measures 18 inches wide by 30 inches deep by 30 inches high. “ACE BAYOU CORP” is printed on a tag sewn into the bean bag chair’s cover seam. They were made in China.

The recalled bean bag chairs were sold at Bon-Ton, Meijer, Pamida, School Specialty, Wayfair and Walmart stores and online at, and before July 2013 for between $30 and $100.

Consumers should check their bean bag chairs for any zippers that can open, take those that can open away from children immediately and contact Ace Bayou for a free repair kit to permanently disable the zippers so that they cannot be opened.

State Officials Issue Consumer Protection Alert Following Data Breach Announcement by Shaw’s Parent Company

Press Release

GARDINER – Governor Paul R. LePage joined officials at Maine’s Department of Professional and Financial Regulation to reassure consumers that state and federal laws are in place to protect them from major losses due to file breaches containing debit and credit card information, such as the one disclosed August 14 by AB Acquisition LLC, which operates Shaw’s supermarkets in Maine and other states.


Although it’s unknown whether consumers will be impacted by the data breach involving Shaw’s, the company indicates that stores in Maine were among those affected,” Governor LePage said. “I encourage people to closely monitor their credit and debit card statements, and to contact the financial institution that issued the card promptly if questionable charges appear.  Staff at Maine’s Department of Professional and Financial Regulation is also available to provide information and guidance.” 

The Bureau of Financial Institutions and Bureau of Consumer Credit Protection at the Department of Professional and Financial Regulation outlined the following information and guidance for consumers responding to news of a financial data breach:

  • Consumers should always thoroughly review credit and debit card statements from the card issuer, and also review all other account statements from their bank or credit union.
  • If consumers have online access to their credit or debit card information, they should review account activity as soon as possible, rather than waiting for the statement to arrive in the mail.
  • If a credit or debit card was used at a business that has experienced a data security breach, or there is uncertainty about whether a card was used, consumers should be especially diligent in evaluating charges or withdrawals on their statement.
  • Since the data breach involving Shaw’s reportedly began in June, consumers should review statements covering June to the present.
  • If unknown charges or other suspicious activity appear on the account, consumers should notify the financial institution that issued the credit or debit card.
  • Consumers do NOT need to contact the company that experienced the data breach, such as Shaw’s.
  • Consumers’ liability for unauthorized use of a CREDIT CARD is limited to $50.  If account numbers have been stolen, consumers have no liability for unauthorized use.  
  • Consumers noticing unauthorized activity on their DEBIT CARD resulting from a data breach have sixty (60) days from when the bank or credit union sent the statement to report it.  If consumers fail to notify the bank or credit union of unauthorized transactions within this time, they are liable for the amount of the unauthorized transactions. This 60 day timeframe applies ONLY when the card’s data has been compromised through a data breach, as in the Shaw’s case.  See below for details about when a DEBIT CARD has been lost or stolen.
  • When a DEBIT CARD has been lost or stolen, consumers have two (2) business days after learning of the loss or theft to notify their financial institution in order to limit their liability to $50. If they do not notify their bank or credit union about the lost or stolen DEBIT CARD within two (2) business days, consumers may be liable for up to $500 of the unauthorized transactions. If consumers do not notify their financial institution within sixty (60) days after being provided a monthly statement that lists a fraudulent debit, they can be liable for unauthorized withdrawals of any amount that occur after that 60 day period.
  • To be safe, DEBIT CARD holders should act immediately if they notice unauthorized withdrawals.
  • If impacted by unauthorized charges or withdrawals, consumers should first call the bank or credit union that issued the credit or debit card, and then follow up in writing to explain the problem.
  • Some banks and credit unions may issue new cards to customers whose credit or debit card numbers are known to have been compromised through a data breach.
  • Consumer may ask a financial institution to re-issue a new card if they have concerns about their account.
  • Again, consumers do NOT need to contact the business that was subject to the data breach; and they need to contact the bank or credit union that issued their credit or debit card ONLY if they notice suspicious activity on their statement.
  • For more information, contact the Bureau of Financial Institutions toll-free at 1-800-965-5235, or the Bureau of Consumer Credit Protection is 1-800-332-8529.


Flooded Vehicle Resale – WABI-TV

Posted Monday, August 18th, 2014 at 9:02 am.

VIDEO Russ and Joy discussed the precautionary measures you can take when looking at used cars, especially due to all of the recent flash flooding.

Some hints to look out for when purchasing a new vehicle to see if it was ever flooded include:

  • Pull out the seat belts. The portion of the belt that’s been retracted inside the seat may be muddy, mildewed or water-spotted if it has been flood-damaged.
  • Check for water rings on the engine block or radiator, mud and dirt under the dashboard, and corrosion, rust or flaking metal on the undercarriage.
  • Smell for mildew; lift carpets and floor mats, check inside the glove box, and look for dew or droplets in instrument clusters on the dashboard, as well as the inside and outside lights.
  • Look for water stains, silt or mud, mineral deposits, even sticks and twigs.
  • Feel the wiring – check for stiffness.


You can get a vehicle history for a fee from Carfax (, Auto Check ( and Consumer Guide (

On the home page of the National Insurance Crime Bureau website (, VINCheck lets you check a Vehicle Identification Number (VIN) to see if a vehicle has been reported as salvage by its member insurance companies.

For more information on titles and title searches, including applicable fees, contact Maine’s Bureau of Motor Vehicles at (207)624-9000 or visit

Don’t plunge into buying a vehicle without a careful check for water damage


Posted Aug. 17, 2014, at 12:17 p.m.

A truck drives through a flooded area of Poplar Street near Pushaw Lake after the spring melt in Maine caused flooding across the state in April 2014. Brian Feulner | BDN

If you’re offered a deal on a used vehicle that seems too good to be true, pull out the seat belts.

The portion of the belt that’s been retracted inside the seat may contain some surprises: muddy spots, mildew or other clues that the vehicle has spent some time immersed in water. Flood-damaged vehicles may contain a number of other surprises, none of them pleasant.

Last week’s heavy rains brought new warnings from consumer advocates and auto clubs about vehicles’ lives after the storm. Insurance companies will often “total” storm-damaged vehicles, then sell them to salvage companies.

Instead of being dismantled for parts, some of those vehicles may be resold to people who, in the words of an official from AAA, “bring varying levels of expertise to the restoration process.”

Those with lesser abilities may miss a few things, such as water rings that form on the engine block or radiator … mud and dirt under the dashboard (a tough place to clean) … and corrosion, rust or flaking metal on the undercarriage (a tip-off if the car is supposed to be new or “from a Southern state”).

Newer cars contain one or more computers, which are noted for running poorly (if at all) after a drenching. Water can make its way to the cylinders — through the exhaust system or air intakes — and resulting rust could mean lots of burned oil. If water gets into the transmission fluid via the dipstick tube, that transmission could soon be cooked.

If you’re suspicious, first trust your sense of smell. Wet carpets and seats will likely mildew, and the odor will be a tip-off. Look also for dew or droplets inside interior and exterior lights and dashboard instruments. Feel wiring under the dash and in the engine for unusual stiffness, and look for water stains or mineral deposits everywhere. Use a mirror to check under seats for rusty springs.

In March 2013, Eric Cioppa, Maine’s superintendent of insurance, warned consumers and businesses that roughly 250,000 vehicles were damaged in Hurricane Sandy. That figure reflected only insured vehicles; owners who dodge mandatory insurance laws may not be fussy about disclosing damage to a machine they’re trying to unload.

The National Association of Insurance Commissioners says most states require that titles indicate when a car or truck has sustained flood damage. However, the National Association of Insurance Commissioners says some wholesalers re-register vehicles in other states to avoid having damage noted and the value of the vehicles lessened. This process is called “title washing.”

Damaged cars registered in Arkansas, Colorado, Maryland, Mississippi, Montana, New Mexico and Utah may carry a “salvage title” with no indication that they’ve been flooded.

Dealers we’ve talked with locally say they have no worries about wholesalers in Maine being less than up-front about disclosing water damage. But they advise consumers to think carefully about private sales and investigate as fully as possible the history of vehicles before buying.

You can get a vehicle history for a fee from Carfax (, Auto Check ( and Consumer Guide (

The homepage of the National Insurance Crime Bureau website (, VINCheck lets you check a Vehicle Identification Number (VIN) to see if a vehicle has been reported as salvage by its member insurance companies.

For more information on titles and title searches, including applicable fees, contact Maine’s Bureau of Motor Vehicles at 624-9000 or visit

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

Think it’s E-Z? – FTC Scam Alert

Love breezing through tollbooths with your E-Z Pass? A new scam is taking advantage of that.

Here’s how it works: You get an email that appears to be from E-Z Pass. It has the E-Z Pass logo, and says you owe money for driving on a toll road. It also provides a link to click for your invoice.

Guess what? The email isn’t from E-Z Pass. If you click on the link, the crooks running this scam may put malware on your machine. And if you respond to the email with your personal information, they’re likely to steal your identity.

This E-Z Pass email is the latest in a long line of phishing scams, where fraudsters pretend to be legitimate businesses as a way to get access to people’s personal information. But adopting a few online security habits can help you avoid phishing scams:

  • Never click on links in emails unless you’re sure who sent you the message.
  • Don’t respond to any emails that ask for personal or financial information. Email isn’t a secure way to send that information.
  • Type an organization’s URL yourself, and don’t send personal or financial information unless the URL begins with https (the “s” stands for secure).
  • If an email looks like it is from E-Z Pass, contact E-Z Pass customer service to confirm that it is really from them.
  • Keep your computer security software current.

If you might have been tricked by a phishing email:

  • Forward it to and to the company impersonated in the email.
  • File a complaint with the Federal Trade Commission at
  • Visit the FTC’s Identity Theft website at Victims of phishing could become victims of identity theft, but there are steps to take to reduce your risk. has more information about phishing scams.

Social media rants about bad service could land you in court

Posted Aug. 10, 2014, at 10:57 a.m.

Click image for FindLaw’s explanation

Free speech about products and services is something like swinging your fist: your freedom ends at the other person’s nose.

Fire up your favorite online rant site and take a swipe at a company’s performance and you could be facing a hefty fine. You might have signed up for such a penalty when you signed the contract for the goods or services the firm provided.

The legal language that speared you is called a non-disparagement clause. Companies have been using them for some time in employee contracts; lately, they’ve been showing up more and more in purchase agreements.

They’re designed to head off the kind of defamatory statements that a single annoyed customer can launch via social media.

Now, you might get dragged into court for violating your non-disparagement agreement and you could claim it was hidden in the miles of mouse print that almost no one reads. A judge might agree …or, the judge might give the person who posts defamatory statements a tongue-lashing of his own.

Jane Perez had written defamatory reviews, accusing remodeler Chris Dietz of trespassing and stealing jewelry as well as doing sub-par work. Dietz sued, and Perez took down the scathing reviews.

In a Fairfax County, Virginia, Circuit Court in June, Judge David Schell declined to grant Dietz an injunction — since the review had been taken down — and also decided not to allow a retrial.

In his ruling, Judge Schell wrote that it was not his job to rule on free speech … but he had a prediction. “If you want to chill free speech, keep it up, because eventually one of these companies is going to win big,” the judge wrote. “That will chill free speech when somebody is hit with a huge monetary verdict,” he added.

Compare that outcome with a Utah case in which a company was ordered to pay $306,000 to a couple who wrote a harsh review after the company failed to deliver a product they had ordered. When it didn’t come, they canceled the order. had said the couple violated its non-disparagement clause and tried to collect $3,500 when the couple didn’t retract the statement.

KlearGear’s owners say they’re headquartered outside the U.S. and didn’t receive proper notice of the lawsuit. It’s unclear if the company will pay up.

The New York Post reported last week on this threat posted on the website of a Hudson, New York, hotel regarding weddings: “There will be a $500 fine that will be deducted from your deposit for every negative review” on any Internet site by anyone in the wedding party. The backlash was huge, and the owner of the Union Street Guest House was quoted later as saying the fine threat was posted as a joke. It’s gone from the website, and now neither the owner nor anyone else is laughing.

The only Maine statute that seems to apply protects speech in public hearings and other actions dealing with public policy. However, lawmakers in other states are taking notice.

A bill approved this spring by the California Assembly Judiciary Committee would prohibit fining customers who publish rants, unless they “knowingly, voluntarily, and intelligently” waive their immunity. Pennsylvania lawmakers are considering broadening protection against strategic lawsuits against public participation (SLAPPs) beyond environmental issues.

Northeast CONTACT does not offer legal advice. We will pass on advice of Consumer Affairs ( to look through purchase agreements for terms like “non-disparagement,” “negative review,” “no-review policy” and “public comment.”

Check the major review sites (Angie’s List, Yelp) for comments; a mix of good and bad reviews probably reflects reality rather than a one-sided litany. Regarding choice of language, note the Bangor Daily News blog use policy: no vulgarity, incivility, name-calling, slurs or personal attacks.

Good consumers don’t inflame, they inform.

Consumer Forum is a collaboration of the Bangor Daily News and Northeast CONTACT, Maine’s all-volunteer, nonprofit consumer organization. For assistance with consumer-related issues, including consumer fraud and identity theft, or for information, write Consumer Forum, P.O. Box 486, Brewer, ME 04412, visit or email

This new column might be viewed with an earlier Consumer Forum column from August 7, 2011  – When all else fails, complain


Russian hackers might have your info — now what?

You may have heard about it in the news: reports that Russian hackers have stolen more than a billion unique username and password combinations, and more than 500 million email addresses, grabbed from thousands of websites. What should you do about it? We asked our resident expert, Maneesha Mithal, director of our Division of Privacy and Identity Protection.

Q. How do you know if your information was part of this hack?

A. You really don’t, so don’t take any chances. Change the passwords you use for sensitive sites like your bank and email account — really any site that has important financial or health information. Make sure each password is different so someone who knows one of your passwords won’t suddenly have access to all your important accounts. We have some tips for creating strong passwords — strong, as in hard to guess.

Some online services also offer “two-factor authentication.” To get into your account, you need a password plus something else, like a code sent to your smartphone, to prove it’s you. We recommend that people use this service when it’s available.

If you think your email account might already have been affected by a hack, here’s what you can do.

Q. Is creating new passwords enough?

A. Once you have strong passwords, you need to keep them safe. Think twice when you’re asked to enter usernames and passwords, and never provide them in response to an email. For example, if you get an email or text that seems to be from your bank, visit the bank website directly rather than clicking on any links — which could contain malware — or calling any numbers in the message. Scammers impersonate well-known businesses or the government to trick you into handing over your information.

Q. Is there anything else you can do?

A. It’s unlikely this will be the last time you’re affected by a hack or data breach. One way to increase the chance you’ll catch someone trying to misuse your information is to review your credit card and bank account statements regularly. If you see charges that you don’t recognize, contact your bank or credit card provider right away and speak to the fraud department.

You also can check your credit reports for free every few months at or call 1-877-322-8228. Your credit report includes information about your credit card accounts and other bills you pay, so it’s a good way to find out if someone has opened credit in your name. You’re entitled to a free report every 12 months from each of the three credit bureaus — Equifax, Experian and TransUnion. If it turns out you are a victim of identity theft, you can find the steps you should take to deal with it at

Last but not least, send this post to your family and friends to make sure they know what to do, too.

Q. How can someone make sure this doesn’t happen to them again?

A. Unfortunately, you can’t. But by taking these steps, you can lessen the odds scammers will get a hold of your information, and also minimize the consequences if they do.


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