Friday, July 31, 2015

Tesla Wants You To Tell Your Rich Friends About Your Fancy Car

Tesla is asking existing owners to refer their friends in exchange for $1,000 toward their next Tesla purchase.

Scott Olson / Getty Images

Do you own a Tesla? Do you also have friends who can afford to own a Tesla? Do you have five to ten friends who can afford to own a Tesla? If you answered yes to at least the first two questions, Tesla has an opportunity for you.

Today, Tesla is launching what is perhaps the most high-stakes referral program in recent history to determine whether the company can depend more on word-of-mouth sales than physical stores. To initiate the 90-day experiment, Tesla CEO Elon Musk is asking existing customers to refer the Model S to their friends in exchange for $1,000 toward their next Tesla purchase. Their friends, in turn, will get $1,000 off their current purchase. And if an existing Model S or Roadster owner successfully refers five friends, they have won the proverbial golden ticket — a trip to the chocolate factory.

"If five of your friends order a Model S, you and a guest will receive an invitation to tour the Gigafactory in Nevada – the world's biggest factory by footprint – and attend the grand opening party," the email to current customers reads.

While this may seem like a drop in the bucket compared to the actual price of the Model S, which can range from $70,000 to more than $100,000, it's potentially a way to leverage the tight-knit community of owners the company has been able to cultivate into less costly infrastructure for the company.

Though the program is temporary, Musk hopes it will shed light on how much of its resources Tesla has to invest in opening brick-and-mortar stores. The idea is that the more effective word of mouth is, the fewer stores Tesla has to open.

"We're just going to try it out," Musk said during a press call. "If it works out well long- term we'll keep going; otherwise we'll say that was an interesting experiment and move on."

If the experiment is effective and word-of-mouth sales are amplified, it could be great for the automaker, which has notably avoided marketing or advertising its cars and is also facing local regulations in several states that prohibit Tesla representatives from selling vehicles directly in those jurisdictions.

"This is a way for us to sort of have a guerrilla battle with the car dealer association," Musk said during the call. "Tesla representatives are not allowed to sell in certain states so customers who are not salespeople can refer their friends there."

Additionally, Musk said, the experiment's success could also mean that the company applies the same discounts on used Model S sales, but he emphasized that the primary objective is to determine how many stores the company needs to open.

"I do want to be clear we don't have any plans to close down stores and we'll still keep opening stores. It's just about how many future stores we'll open," he said.

As for advertising down the road, Musk says it's a possibility, "but we also need to have a mass market car in order to do mass media advertising. When we do the advertising years down the road, we want to make sure it's entertaining and interesting and has some artistic elements. If you're a reader and you see the ad, you shouldn't regret your time."

Here's the email Elon Musk is sending to customers:

Here's the email Elon Musk is sending to customers:

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What Is An Artificial Ingredient, Anyway?

Food companies are taking artificial additives out of food to suit consumers’ changing tastes. But “natural” doesn’t necessarily mean “better,” scientists say.

Matt Rourke / AP

This spring, some of America's biggest fast-food chains proudly announced that their menus were going natural, a change that would ripple through tens of thousands of restaurants nationwide.

Panera committed to removing artificial additives and banned more than 150 ingredients from its menu. Taco Bell and Pizza Hut — both owned by Yum Brands — followed with their own plans to nix artificial ingredients. Subway, the country's biggest chain with 27,200 stores, declared that it too would no longer serve foods with artificial colors, flavors, or preservatives. Papa John's jumped in to advertise its long-held policy of using "clean" ingredients. And Chipotle, which helped to pioneer the healthy fast-food movement, announced it would switch to a natural tortilla.

Meanwhile, in supermarkets, giant food manufacturers including General Mills, Nestlé, and Kraft all made their own promises about removing artificial ingredients.

It seemed as if the food industry had reached a turning point in the name of wellness, and consumers largely greeted these changes with relief and support. But what many people don't seem to realize is that removing artificial ingredients isn't likely to have any impact on their health.

Olgna / Getty Images

What is missing from the discussion about ingredients is the fact that "natural and artificial flavors really aren't that different," according to the Environmental Working Group. "The actual chemicals in these two kinds of flavors may be exactly the same: The chemical structures of the individual molecules may be indistinguishable."

The chemical vanillin, for example, is found in vanilla bean extract and is the primary flavor people associate with vanilla. Vanillin can also be synthetically produced as an artificial flavor. It doesn't have the same range of flavors as natural vanilla extract, which contains other chemicals that make the taste more complex, but it does the job at a lower cost. According to Markus Lipp, a senior director of food standards at United States Pharmacopeial Convention, a nonprofit that publishes quality standards for the food industry, "there is no known and accepted study that would prove" it is less healthy than natural vanilla.

It gets even trickier when it comes to whether finished products, rather than the specific ingredients in them, can be labeled "natural." According to the FDA, "It is difficult to define a food product that is 'natural' because the food has probably been processed and is no longer the product of the earth."

Consider for example, the very idea of an all-natural hot dog.

"However, the agency has not objected to the use of the term if the food does not contain added color, artificial flavors, or synthetic substances," Kenneth Cook, president of the Environmental Working Group, said. "A food is not healthy because it has fewer industrial additives in it. But we're waking up to the fact that industrial additives are put in without rigorous review."


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Thursday, July 30, 2015

SoulCycle IPO: Over 300,000 Riders, And "The Experience Is Tribal"

The high-end fitness chain pulled in $112 million in revenue last year by providing an “inspirational, meditative fitness experience.”

Dimitrios Kambouris / Getty Images

The company had only 12 studios open at the end of 2012 and 36 at the end of last year.

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Zenefits Is An HR “Rocket Ship” — But Some Customers Get Left Behind

Matt Chase for BuzzFeed News

Mike Hawkins's four-month health insurance nightmare began in November, when he started doing business with a Silicon Valley startup called Zenefits.

Hawkins, the founder and CEO of Netizen, a cybersecurity startup in Allentown, Pennsylvania, had heard good things about Zenefits, a health insurance broker that offers free human resources software as a lure for small businesses. Launched in 2013, the San Francisco-based Zenefits is one of the fastest-growing and most talked-about startups of the moment, with more than 10,000 companies using its services, a valuation of $4.5 billion, and a roster of powerful investors.

But for Hawkins, 33, who became a software engineer after serving in the Army, Zenefits was instead a source of one headache after another. A process he thought would take about a month instead dragged on into March, when Hawkins finally gave up.

One of his employees, Max Harris, 37, the chief business development officer, wanted an allergist's opinion about what was ailing his four-year-old daughter, Caley, who had been getting sick with respiratory infections whenever the seasons changed. Harris, a former Army intelligence specialist and Arabic linguist who served in Iraq, hadn't had health insurance since leaving a job in a Wegmans deli to join Netizen in early 2014.

Finally, in late February this year, with coverage supposed to start days later, Zenefits informed Hawkins that it had made a significant mistake, attempting to enroll his employees with an insurance provider that didn't cover the company's region. The insurance wouldn't come through as planned.

"I'm done being patient with you people," Hawkins told Zenefits in an email that he shared with BuzzFeed News. "This is why no one likes Silicon Valley — companies like yours apparently have your heads up your asses. You're growing beyond your means and you'll be bankrupt within a year."

As it rapidly matures into a Silicon Valley giant, vacuuming up customers and burning through a mountain of venture capital, Zenefits has also racked up a number of customer complaints, over issues like software glitches and human error. More than a dozen customers who were interviewed for this article — a small but angry subset of the company's book of business — said Zenefits turned the HR process into an expensive nightmare. In several cases employees like Harris, who had put their trust in Zenefits, were left without health insurance for a month or more after they had expected it.

Matt Chase for BuzzFeed News

According to Zenefits, which is led by CEO and co-founder Parker Conrad, these service failures are rare, and not reflective of the experience of most customers. The company says it keeps 99.2% of its customers every month.

"Zenefits' customer satisfaction (as measured by net promoter score) is exceptional for a software-as-a-service company, especially one with 10,000-plus customers," Kenneth Baer, a Zenefits spokesperson, told BuzzFeed News in a statement. "It's also true that we sometimes make mistakes. This is the exception to the rule, and happens less and less frequently with each passing month. But when we do make a mistake, we work hard to correct it as quickly as possible, and make things right for our clients."

Zenefits claims it has grown more quickly than any other company delivering business software over the internet; it acquired those 10,000-plus customers and hired more than 500 employees in under two years, according to its website.

And unlike other richly valued startups like Uber and Airbnb, whose products are largely luxury items, Zenefits makes much of its money trading in a service that is essential to people's lives. So when Zenefits breaks, or when it makes a mistake, or even when it takes a particularly long time to fulfill a customer's request, the consequences can be serious.

Zenefits’ success and rapid expansion can be partly attributed to the industry it is disrupting. The majority of the insurance brokers who serve businesses are deeply — almost defiantly — old-fashioned, using their powers of persuasion and tolerance for tedium to convince insurance providers to give their clients a good deal. It's a business overflowing with forms and spreadsheets that companies resent having to fill out. Many insurance brokers are local, independent outfits. A few, like Digital Insurance, a subsidiary of Fidelity National Financial, or Wells Fargo, which has an insurance brokerage arm, are major corporations.

The insurance brokerage business is extremely lucrative. After selling insurance policies, brokers are paid commissions by the insurance companies every month, in perpetuity, even if they do nothing. Zenefits has become a broker itself, collecting around 5% of its customers' monthly insurance premiums, in line with the industry standard.

This predictable stream of revenue has made Zenefits very popular among investors. The monthly payments cause Zenefits’ financial statements to resemble those of startups that sell software over the internet on a subscription basis (a widely used business model known as software-as-a-service). Except in Zenefits’ case, the software is free. That tempts customers to use it to organize their employee benefits and payroll, which in turn often encourages them to buy insurance through Zenefits. And the payments from the insurance companies keep flowing in.

"It's a genius business model," said Jonathan Marcus, the CEO and founder of Goodsie, a New York-based startup that provides e-commerce software to businesses, and which is a Zenefits customer. "I'm very jealous I didn't think of it."

Matt Chase for BuzzFeed News

The early success of the business model has some of the world's best venture capitalists enthralled with the prospects for Zenefits. Andreessen Horowitz, which has been an investor in success stories like Facebook, Twitter and Airbnb, now has more of its money invested in Zenefits than in any other company. (Andreessen Horowitz is an investor in BuzzFeed.)

From the beginning, Zenefits took an aggressive approach to entering the market and defending its turf. In the fall of 2013, just months after Zenefits launched, Conrad, the CEO, learned that a group of investors who had provided seed financing to Zenefits had also backed SimplyInsured, a rival insurance broker that used a similar business model. Zenefits and SimplyInsured had been peers in the prestigious Silicon Valley incubator Y Combinator, completing the program together in early 2013.

Conrad, concerned about a possible conflict, told the investors that he planned to return their money, according to people briefed on the matter and emails obtained by BuzzFeed News. While such a stance wouldn't be surprising for regulating later-stage investments, some experts said it was an unusual way to handle investments made at the seed stage, when a company's place in the marketplace isn't yet established.

The investors, opting to stick with Zenefits, instead sold their stake in SimplyInsured, people briefed on the matter said. Zenefits went on to raise a Series A round led by Andreessen Horowitz. SimplyInsured, focusing more narrowly on health insurance and courting smaller companies, has been left in the dust.

Zenefits is now a juggernaut, raising $500 million of venture capital in May to fuel its expansion. After opening an office in Scottsdale, Arizona, it recently signed a lease on an office in nearby Tempe, which will soon house hundreds of new employees. Late last year, in a sign of its clout, the company hired David Sacks, a founder of Yammer and a former PayPal executive, to be its chief operating officer.

"Just managing something that's growing this fast, it's kind of like building the rocket ship in mid-flight," Sacks said in a recent Zenefits promotional video. "That's an incredibly challenging thing to do."

Setting up health insurance for a small company is a complicated process, with plenty of potential for error, regardless of who the broker is. Brokers, both old-school and new, make mistakes, sometimes forcing employees to go without health insurance for months. "It's kind of like buying a house," said Jessica Miller-Merrell, a human resources expert and blogger who advises tech companies on their HR. "You have a mountain of paperwork you have to complete and sign. If you miss a particular paper, it delays the process."

Zenefits' heavy emphasis on software, Miller-Merrell added, introduces additional risks. "When you use technology to automate the process," she said, "mistakes are likely going to be made. And they're probably big ones."

The Zenefits spokesperson argued that the company's technology actually lowers the potential for mistakes, because it is less reliant on humans.

Many customers interviewed for this article declined to speak on the record; as startup companies often based in Silicon Valley, they were fearful of angering powerful friends of Zenefits, like Andreessen Horowitz or Y Combinator. But their stories showed how even small failures of the Zenefits "rocket ship" can be disastrous for its customers.

When setting up health insurance coverage, Zenefits can be prone to seemingly careless errors, several customers said — like premiums being charged for an employee who had left a company, or a current employee being incorrectly cut off from health insurance.

Several startup executives said administrative errors by Zenefits caused employees to go without health insurance while they were being resolved. In one case, a startup executive said they paid out of pocket for an employee's prescriptions during a month that the employee went without coverage.

Zenefits declined to comment on these examples. Without knowledge of the customers' identities, representatives said they could not determine whether the errors were the fault of Zenefits, an insurance company, or the customer.

Part of the problem may come down to resources. While many Zenefits customers have dedicated account managers, companies with fewer than 25 employees generally don't have one after their initial setup period. "We can't afford to have one person for every two-person company; we wouldn't be in business," a senior Zenefits executive, who spoke only on the condition of anonymity, told BuzzFeed News.

Many of the unhappy customers said it seemed to them like Zenefits was growing too quickly to adequately resolve their issues. Several described a churn of customer service representatives — they would start working with one Zenefits representative, and then learn that person had been either fired or promoted to a different job.

"Everybody I talked to got promoted within two weeks, it seemed like," said Hawkins, the Netizen CEO. Marcus, the CEO of the New York-based startup Goodsie, said, "the contacts we had are no longer there."

Zenefits very well "could end up being revolutionary," said Adam Beck, a health insurance professor at the American College, in Bryn Mawr, Penn. But he said Zenefits would have to find a way to balance its reliance on technology with a personal touch.

"There is very much a human element in many aspects of insurance, really outside property and casualty," Beck said. "You do need more human interaction, just because the nature of the financial product is inherently more personal."

Some customers were willing to forgive missteps by Zenefits, especially when they related to software bugs — an issue that any fast-growing technology company has to deal with. But bugs in Zenefits software, which create problems when customers try to perform daily tasks, can be particularly aggravating.

Michael Schneider, a 34-year-old serial entrepreneur in Los Angeles, signed up for Zenefits in June after starting a company called Service, which aims to resolve customer complaints relating to any company. "Overall, I love the idea of Zenefits," Schneider said. "I hate paper, and I hate bullshit, and Zenefits seems to be a really efficient play to solve all those issues."

Schneider wanted to use Zenefits to pay a couple of contractors, but he was stymied when the software wouldn't verify Service's bank account. "They finally acknowledged it as a bug," Schneider said. The senior Zenefits executive said the bug stemmed from a software glitch known as a race condition, which prevented the system from verifying test deposits. Before the issue was fixed, however, Schneider used PayPal to pay his contractors on schedule, incurring almost $300 in fees. He said he was led to believe the fees would be reimbursed by Zenefits.

He never received the reimbursement, though he says he is now a happy customer. The senior Zenefits executive dismissed the notion that Schneider would be paid back, drawing this analogy: "It's like saying there was something I encountered, like a technical snafu or a bug, at Amazon, and so I bought the product at Best Buy for a higher price, and then I came back to Amazon and said, 'I want you to refund me the difference in cost.'"

Since Zenefits relies on insurance companies, some problems are out of the company’s hands. For Marcus, of Goodsie, the process of enrolling in health care for his small company last year was painfully slow, with insurance cards failing to arrive until late in September, the month that coverage was supposed to begin. Zenefits says this delay stemmed from the insurance company, which took a particularly long time.

But Marcus, who switched to Zenefits after becoming fed up with a local insurance broker, also had complaints with Zenefits itself. Despite the free software, he said, he didn't feel the process was much more automated than his previous experience. When an employee recently applied for coverage, for example, Marcus assumed the employee's status would be reflected in the Zenefits software. But Marcus only learned the coverage had been approved, he said, when he happened to call Zenefits to inquire about it.

"I thought there would be a change in the process, but there wasn't really," Marcus told BuzzFeed News. "There's just a lot of manual paperwork required by Zenefits, the same way that would be required by any broker."

"So, I'm left scratching my head," Marcus added. "What are they doing to earn the monthly commission they earn off of us? The answer, as a 10-person company, is nothing, really." Marcus remains a Zenefits customer.

A number of Zenefits customers have complained about their problems through Twitter, including Netizen, the cybersecurity startup in Pennsylvania. Hawkins, the Netizen CEO, said in a tweet in late November that he wasn't able to get his employees set up with insurance. He soon got an email from Matt Epstein, Zenefits's vice president of marketing, who said a gap in a Zenefits database meant Netizen wouldn't have immediate access to price quotes.

Matt Chase for BuzzFeed News

"It looks like we have live quotes for your company zip code, but not your employee zip code," Epstein said in the email. "This happens very rarely, but unfortunately happened to you."

With the automated process having fallen short, Netizen would have to use a manual method, including sending personal information about its employees to Zenefits. The senior Zenefits executive who spoke to BuzzFeed News said Hawkins didn't send this information until late January, delaying the process. Hawkins countered that he was busy and had hoped Zenefits would help him avoid this very type of paperwork.

But then, more than a month after Zenefits had received the paperwork, and with just days remaining before the coverage was supposed to start, a Zenefits representative said in an email that the company had submitted Netizen's application to a local Blue Cross member company that didn't offer insurance in Netizen's county. "There are 4 different versions of Blue Cross that operate in Pennsylvania and the underwriter did not inform us of this until your case was sent to be finalized," the email, sent on February 25, said.

Zenefits said it would have to apply again for the insurance — which would now start a month later, in April.

For Harris, the 37-year-old Army veteran who was Hawkins's first hire, the Zenefits failure came at a particularly stressful time. Harris had recently gone through a divorce. His daughter, Caley, had health insurance only through the Children's Health Insurance Program in Pennsylvania — which wouldn't fully cover a trip to an allergist to treat her seasonal illness. Harris said the problems with Zenefits aggravated his post-traumatic stress disorder.

"I had already reached out to my allergist" to set up an appointment for Caley, Harris told BuzzFeed News. "And then Zenefits was like, 'Oh, oops.'"

"I wanted to throw my computer at the wall," he said. "I was furious."

Zenefits ended up offering Netizen another option, to enroll with a different carrier by mid-March and have the coverage apply retroactively to March 1. Hawkins, frustrated by the lengthy process, dumped Zenefits instead.

He eventually got his employees health insurance through a Zenefits rival, Justworks. Harris is planning to take his daughter to an allergist in August.

“Look, I want to love the platform. It has promise,” Hawkins said in a tweet to Conrad, the Zenefits CEO, on the night Zenefits admitted its mistake. “But it has the appearance of moving too fast to keep up.”



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After Protesting Low Pay, WeWork Cleaners Are Set To Lose Their Jobs

The commercial real estate startup, valued at $10 billion, paid contracted cleaners less than half union-standard wages. Now the cleaners that protested their pay are set to lose their jobs.

MANDEL NGAN / Getty Images

Many of WeWork's New York-based cleaning staff are set to lose their jobs, just weeks after protesting for higher pay and better working conditions at the shared office space provider.

WeWork, which was valued at $10 billion in a funding round last month, currently uses a non-union contractor to provide cleaners for its New York buildings. The contractor pays less than half the standard wage paid to the majority of the city's janitors, who are unionized.

In mid-June, janitors and supporters protested at WeWork's Manhattan headquarters, asking for higher pay and better benefits. A local branch of the Service Employees International Union later filed a complaint alleging WeWork threatened to have cleaners fired if they unionized.

WeWork's contract with the cleaning company, Commercial Building Maintenance, was terminated about a week after the June 18 protest, WeWork said today. Workers say they began hearing that their jobs may not be secure in recent weeks, and were recently notified that the work cleaning WeWork's buildings would end on August 23.

"We hope the workers would get re-hired because they've all been working there in good standing for months or years without any problems," said Rachel Cohen, a representative of the SEIU, which has backed the protests. "It's quite standard with these types of contracts for the cleaners to keep their jobs and just be employed by someone new."

A WeWork spokesperson said in a statement: "CBM terminated their contract with WeWork on June 25. We are currently working to make sure we have uninterrupted cleaning service for our members." CBM did not respond to requests for comment.

While several of the workers contracted through CBM have re-applied for their current jobs directly with WeWork, according to Cohen, others have not interviewed or received information about the future of their jobs.

Because WeWork does not directly employ its cleaners, instead contracting the work through CBM, ending that contract effectively terminates the current workforce of cleaners, without the company firing a single worker. WeWork may have the option of re-hiring the workers in-house, through a contract negotiated with a different company, or not at all.

Once word came of the contract termination, workers began sending letters to the company to apply for their existing positions with whomever the new employer is, according to Cohen. Over the next week, the SEIU is organizing leafletting and other actions at WeWork buildings to inform its tenants about the contract change.



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We Have Wi-Fi At 35,000 Feet — Can We Stop Getting Ripped Off For It?

Gogo lets us send email while hurtling through the sky. If only opting out from its monthly charges were as simple.

PR Newswire

There's an undeniable magic to browsing the web in the sky: sending emails among the clouds, keeping up with happenings on the ground while 35,000 feet in the air.

For the majority of fliers, this service is provided by Gogo, a Nasdaq-listed company that has built up a $1.6 billion valuation by making the once-fantastical prospect of in-flight Wi-Fi a reality on the bulk of U.S. domestic flights. But despite its great technical achievements, there's one thing not included in Gogo's slick infrastructure for signing up and paying for its service: a cancel button.

Due to the high price of a single session, Gogo makes its monthly access option highly lucrative for consumers — on a trip to San Francisco last month, I knew I needed the internet both ways, making a $50 monthly pass cheaper than purchasing two single-day passes for $30 each. There was no middle option.

But then comes the catch: You keep paying that $50 every month, even if you aren't using the service. Gogo doesn't send receipts for monthly charges, and doesn't offer an option for consumers to request receipts. While you can now cancel two days before the next billing date to avoid a charge, it used to be seven days. And to get that cancellation, you need to either call customer service, chat with a representative, or email Gogo. Apparently a "cancel" option on its website just isn't something the company wants to offer.

"It all just feels to me that they intentionally built this system to bill people who aren't using it," said Ken Rutsky, who heads a marketing consultancy in Mountain View, California, and was charged for a month of service he didn't want. "You're just not thinking about Gogo if you're not in the air. I think they know that."


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Wednesday, July 29, 2015

Subway Becomes Largest Restaurant Chain To Offer Mobile Ordering

The footlong sandwich maker will now take orders via app at its 27,000 U.S. stores.

Subway

Subway

Mobile ordering is quickly becoming a standard in fast food, and now Subway, which has more than 27,000 U.S. stores, has become the biggest U.S. chain to roll it out. The company has launched an app that lets customers to order and pay for their meals via their smartphone, and pick them up at stores.

The Subway app allows customers to customize a sandwich with toppings and condiments as they would at a store. In addition to the smartphone app, the chain is also taking desktop orders via its website. Some individual Subway locations have offered mobile ordering in the past, but this is the first app to be rolled out across the entire chain.

For customers, ordering ahead reduces wait times and can feel more convenient, but there are other benefits for the companies. Some chains such as Taco Bell have found that customers are more likely to pay for add ons when they order via app, as it makes it easier for them to explore the menu than a traditional board behind the register. The technology also provides valuable data to chains about their customers and their ordering preferences, allowing them to tailor their marketing.

Subway is the country's largest food chain by restaurant count. The second largest is McDonald's, which has more than 14,000 U.S. stores and says it will be testing mobile ordering in 2016. This October, the company plans to launch a new app nationally, which will initially offer special deals and promotions, but is likely to be upgraded over time.

"McDonald's digital ambition is to provide ways to streamline the entire customer journey," spokesperson Becca Hary told BuzzFeed News. "It's very important to know that everything we're doing is about growing our digital capabilities for the long term."

Starbucks, the country's third-largest chain, has already rolled out mobile ordering to a few thousand of its cafes, and plans to offer mobile ordering at all of its roughly 7,300 company-owned stores (but not its licensed stores) by the holiday season.


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The University Of Phoenix Is Being Investigated By The FTC

A University of Phoenix billboard. (AP Photo/Matt York)

Matt York / AP

The University of Phoenix's parent company, Apollo Education, is being investigated by the Federal Trade Commission over potentially "deceptive or unfair" marketing and advertising practices, the company disclosed this morning.

The news comes less than a month after Apollo announced a bold plan to "get the University of Phoenix's reputation back." As part of a bid to stem its sliding enrollments, and protect itself from the looming threat of stricter government regulation, Phoenix said it would cut back on poorly-performing programs and enact unprecedented admissions standards — drastically reducing the size of its student body. Investors reacted poorly, sending the company's stock tumbling 20%.

An exposé earlier this week by the Center for Investigative Reporting and PBS NewsHour found that Phoenix was "sidestepping" an Obama administration order meant to shield veterans from aggressive marketing efforts by for-profit colleges. Phoenix is the country's largest recipient of GI Bill funds.

The FTC's actions are only the latest in a series of government probes into Phoenix's practices. The school is also being investigated by the Education Department's Office of the Inspector General, and by several state attorneys general. It has previously settled whistleblower lawsuits into its practices of paying recruiters based on how many students they enroll.

A similar FTC investigation was conducted last year into the marketing practices of another for-profit college giant, DeVry Inc.



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Tuesday, July 28, 2015

Twitter Revenue Tops $500 Million In Second Quarter

The company is searching for a new CEO and still struggling to grow its user base as fast as competitors. But its latest results have impressed investors. Twitter’s executives, however, said that the product as it exists now is not going to reach the mass market.

JUSTIN TALLIS / Getty Images

It was a steep jump, but the company's revenue growth rate is declining. In the first quarter, revenue grew 74%.


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America, Meet The McDonald's Self-Service Kiosk

The burger chain is rolling out touch-screen kiosks so customers can place their orders themselves.

Brad Barket / Getty Images

Fast food chains are exploring new ways for customers to order their meals without having to interact with a cashier. Labor costs are rising and consumers are demanding ever faster, more convenient service. At McDonald's, self-service kiosks are popping up in restaurants in the U.S. after the burger chain saw some success with the machines overseas.

McDonald's CEO Steve Easterbrook told investors on an earnings call last week that all stores in France now have self-order kiosks, and the machines handle more than 40% of orders during busy hours. He said people like having a self-order option and the additional ordering points free up workers and shorten the line at the counter.

Another advantage: Customers order more via kiosk. It's a behavior that other chains, such as Taco Bell, also have noticed when customers place orders themselves via mobile app.

"We see higher average checks," said Easterbrook. "They can browse the menu for a little bit longer, feel a little less pressure and they just tend to spend more."

BuzzFeed News spotted a McDonald's restaurant with self-order kiosks in New York City, and took the service for a test drive this morning. Here's how it worked.

First, tap the screen to start.

First, tap the screen to start.

BuzzFeed

Select your items.

Select your items.

BuzzFeed News


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Monday, July 27, 2015

Madewell's Email Unsubscribe Form Is The Worst

Don’t just click the big button that says unsubscribe — first, uncheck the smaller box to confirm that you really mean it.

It can take a while to muster up the energy to unsubscribe from a brand's promotional emails. When you finally do it, you want it to be fast and painless.

It can take a while to muster up the energy to unsubscribe from a brand's promotional emails. When you finally do it, you want it to be fast and painless.

NBCUniversal

That's why the unsubscribe page for Madewell's emails is particularly infuriating.

That's why the unsubscribe page for Madewell's emails is particularly infuriating.

jcrew / Via BuzzFeed News

You might quickly hit unsubscribe and close the window. But! That's not enough. Before pressing the big UNSUBSCRIBE button, you have to uncheck a box then hit the button.

You might quickly hit unsubscribe and close the window. But! That's not enough. Before pressing the big UNSUBSCRIBE button, you have to uncheck a box then hit the button.

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And it seems to be working....


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With Wages Rising, The Fast Food Industry Plans Its Next Move

There’s little question that wages will increase meaningfully. What’s a cheap restaurant to do?

Scott Olson / Getty Images

Fast food companies have built their empires by paying workers the least that is legally required, often with an aim to keep their prices low. Now, around the country, the cost of doing business for these employers looks set to rise as lawmakers seriously consider minimum wages increases.

What began as a small movement in New York in 2012 now has executives seriously considering how to manage higher pay.

"We will work very, very aggressively with our franchisees to mitigate minimum wage" increases, Dunkin' Brands CEO Nigel Travis told investors on an earnings call last week. "And we will continue to work with them to implement the best programs we can."

Broadly, there are a few options: increasing prices, increasing sales, reducing other costs, or — the most unpopular of them all — letting some workers go. Meanwhile, the proliferation of efficiency-boosting technologies, such as self-service ordering by kiosk or app, is offering stores a viable way to reduce the amount of human labor needed in a store.

Anyone who still doubts the years-long fight for a higher minimum wage is finally gaining traction might want to reconsider.

Nationally, the issue is heating up six years after the federal minimum wage last increased to $7.25 an hour in 2009. Wages have not kept up with inflation. At 50 hours a week, the rate earns someone just $18,850 in a year. President Obama has repeatedly called on Congress for a raise to $10.10, so far unsuccessfully, and candidates in the upcoming presidential election are weighing in on the issue.

With a Republican-controlled Congress, President Obama is unlikely to secure any federal increase, but changes already are being passed at the state and local levels. In Los Angeles, Seattle, and San Francisco, increases to $15 for all workers have already been approved. In New York State, a wage increase for fast food workers is widely expected after a state wage board passed an industry-specific recommendation to increase wages to $15 an hour, which is now pending approval by the labor commissioner.

As a point of reference, at 50 hours a week, $15 would earn a worker $39,000 in a year.

Nick Ut / AP

It's indisputable that many of the country's lowest-paid workers cannot afford to live on their wages alone, but there's disagreement about whose problem that is.

Discussion about the minimum wage has provoked strong reactions, and people are divided by their views on income equality and fairness, or the value of certain kinds of work.


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Friday, July 24, 2015

Judge Slams Sheriff Who Got Credit Card Companies To Cut Of Backpage.com

A federal judge in Illinois sharply criticized a police chief’s successful campaign to get the adult classifieds site cut off from the credit card system.

Backpage / Via Backpage.com

Online classifieds site Backpage.com has scored a victory in its dispute with Cook County Sheriff Thomas Dart, who recently succeeded in convincing major credit card companies to cut the site off from their payment networks.

A federal judge in Illinois granted Backpage.com a temporary restraining order as part of a suit the company filed against Dart. The suit accused the sheriff of restricting their free speech by asking Visa and MasterCard to stop processing payments for the site. Both networks complied with his request.

John Tharp, a federal district judge in the Northern District of Illinois, granted a restraining order that would stop Dart from further efforts to cut off Backpage from the financial system.

"Dart's judgment that the escort ads are illegal — and therefore not protected by the First Amendment—was not tested with due process or subjected to any oversight because of the informal channels through which he censored them," Tharp said. "Backpage has also made a sufficient showing of irreparable harm... free-speech injuries are irreparable almost by definition."

"Backpage has established a more-than-negligible likelihood of success on
the merits of its claim that Dart's informal lobbying of the credit card companies violated the First Amendment by imposing an informal prior restraint on the advertisements hosted by Backpage.com," Tharp said in his order.

Backpage general counsel Liz McDougall of Paul Hastings LLP told BuzzFeed News the judge's order "is an important reaffirmation of the critical role of the Internet in free speech and the continued evolution of e-commerce. It serves also as an emphatic reminder that government officials cannot undertake to destroy websites even when they disagree with hosted speech."

Sheriff Dart did not respond to a request for comment. In an interview with BuzzFeed News earlier this month, he explained why he resorted to appealing directly to the credit card companies. "I don't want to say we exhausted all the other strategies, but we tried the lawsuit angle and that did not work, we tried ongoing negotiation with Backpage about making this a responsible site that was not facilitating crimes that got us absolutely nowhere," Dart said.

"I was stunned at how quickly Visa and MasterCard moved to say they weren't going to be involved in that anymore, they were incredible corporate citizens," he said.

The company is also seeking an injunction that would get Dart to withdraw his letters to Visa and MasterCard. Backpage's lawyers claimed the company's business was "imperiled" by action and that its users "are in imminent jeopardy of losing a forum for protected (as well as unprotected) speech," Tharp said. Backpage also wants a court ruling saying that Dart's requests to the credit card networks were unlawful.

Dart has long contended that Backpage facilitates sex trafficking and prostitution through its adult classifieds sections. Backpage has insisted it is shielded by federal laws that protect internet companies from being held legally responsible for content uploaded by their users.

In response to Dart's letters that led to Visa and MasterCard cutting off Backpage, the site scrambled to stay alive, offering "credits" users could buy and then exchange for ads and then by making adult ads free and allowing customers to pay by cash or money orders sent to a post office box in Texas.

Judge Tharp also chided Dart, saying that he "has made no argument, and has provided no evidence, that prostitution, trafficking, and sexual exploitation of minors will be reduced significantly" by the taking down Backpage.

Dart has criticized existing laws for not giving law enforcement the tools to go after sites like Backpage, which is the second largest web classifieds service. Since Craigslist stopped hosting adult personals and escort ads in 2010, Backpage has been the web's main source for those listings.

There will be a hearing to schedule a hearing Backpage's request for a further injunction on Tuesday.

LINK: Backpage.com Cut Off From Credit Card System Over Sex Trafficking Claims


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Thursday, July 23, 2015

Starbucks Sales Reach Record High

The coffee chain’s quarterly revenue reached a record $4.9 billion. That’s a lot of coffee and pastries.

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Consumers around the world can't seem to get enough of Starbucks.

The coffee chain reported record global revenue of $4.9 billion in the three months ending June 28, up 18% compared to the same period last year.

Global comparable sales at cafes open 13 months or longer grew 7%, and were positive in every region. Traffic to stores increased 4% during the period, which CEO Howard Schultz said translates to "having received over 23 million more customer [transactions]" compared to the same period in 2014.

In the U.S. alone, Starbucks' revenue exceeded $3 billion. Comparable store sales were up 8%, due equally to increased guest count and a higher average check. More customers were adding food to their orders during breakfast and lunch, and visited more frequently in the afternoon. New drinks like the flat white and cold brew coffee also boosted sales.

And the growth is expected to stay strong: Starbucks expects global revenue for the fiscal year to increase by 16% to 18% and comparable store sales growth in the mid-single digits.

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In an effort to continue the upward momentum, Starbucks is focused on new digital services and has rolled out mobile order and pay in 4,000 U.S. company-operated stores so far. This feature, which allows customers to place their order before they get to a store, allows the cafes to serve more customers faster, and reduces the likelihood that someone will leave the store because the line is too long, said Schultz.

The company expects this mobile service to be at all its company-operated stores by the holiday season.


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Amazon Rises 18% After Reporting A Quarterly Profit

The company is now worth more than Walmart, after adding about $40 billion in market value in frenzied trading following quarterly results.

Analysts were expecting $22.4 billion in sales. It also reported a $92 million profit, equal to $.19 per share, while analysts were expecting a loss of $.14 per share.

ANDREW YATES / Getty Images

At $550 a share, the company is trading at an all-time high, valued at about $266 billion — $40 billion higher than before the results were released. That means in a brief frenzy of post-earnings trading, Amazon added more to its market capitalization than the entire value of eBay.

It also puts Amazon comfortably ahead of Alibaba, it's Chinese rival, which is valued at $210 billion. And it means Amazon is now worth more than Walmart, which has a market cap of $234 billion.

Amazon founder and CEO Jeff Bezos

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Dinesh From HBO's "Silicon Valley" Is A Pitchman For Jet.com

“Silicon Valley” actor Kumail Nanjiani is working for a much-hyped e-commerce startup.

This is actor and comedian Kumail Nanjiani. You might recognize him from his role as the programmer Dinesh on the HBO show "Silicon Valley."

This is actor and comedian Kumail Nanjiani. You might recognize him from his role as the programmer Dinesh on the HBO show "Silicon Valley."

Jason Merritt / Getty Images

On the show, Nanjiani and his co-stars make fun of the real Silicon Valley. A lot.

On the show, Nanjiani and his co-stars make fun of the real Silicon Valley. A lot.

HBO

But now Nanjiani has joined the industry he skewers on the show. He appears in a humorous new video as a pitchman for Jet.com, a new online retailer that launched Tuesday after months of hype.

But now Nanjiani has joined the industry he skewers on the show. He appears in a humorous new video as a pitchman for Jet.com, a new online retailer that launched Tuesday after months of hype.

Jet.com

To some observers, Jet.com represents the exuberance that has consumed Silicon Valley. Did you see the Wall Street Journal on Monday?

To some observers, Jet.com represents the exuberance that has consumed Silicon Valley. Did you see the Wall Street Journal on Monday?


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Apple Shares Tank On Earnings Report

The company’s stock is down more than 6% in late trading despite higher third-quarter profits than analysts expected.

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Microsoft Reports Its Biggest Loss Ever

Microsoft reduced the value of its Nokia handset unit by about 80%, leading to a $3.2 billion quarterly loss.

Microsoft CEO Satya Nadella

Bloomberg / Getty Images

Microsoft on Tuesday reported the biggest quarterly loss in its history, acknowledging that its acquisition of Nokia's handset business had been a major disappointment.

Microsoft said it lost $3.2 billion, or 40 cents a share, in the three months that ended on June 30, largely due to a $7.5 billion reduction in the value of the Nokia business, which Microsoft acquired for $9.4 billion last year. The quarterly loss compared to a profit of $4.6 billion in the period a year earlier.

The Nokia write-down, which had been expected, came on top of weakening quarterly revenue. Microsoft said its revenue totaled $22.2 billion in the recent quarter, 5% lower than in the quarter a year earlier, as the company was hurt by declines in the market for personal computers.

Microsoft shares, which closed Tuesday at $47.28, declined as much as 4% in after-hours trading.

The results, when adjusted to exclude the big write-down, exceeded Wall Street's expectations. Microsoft earned 62 cents a share on an adjusted basis, beating an estimate of 56 cents by analysts surveyed by Thomson Reuters. The company's revenue also narrowly beat analysts' expectations.

Microsoft's cell phone business, of which the Nokia acquisition is a major part, has struggled to gain traction in a market dominated by the likes of Apple and Google. Microsoft announced the expected write-down earlier this month, adding that it would also cut as many as 7,800 jobs.

Microsoft has been undertaking a major restructuring under CEO Satya Nadella. The previous CEO, Steve Ballmer, is responsible for the Nokia deal.



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Is There A Subliminal Message In Walmart's Minimum Wage TV Ad?

As the ad boasts of raising pay for workers, the number 15 flashes across the screen. While $15 an hour may be a national goal for minimum wage campaigners, the company says the number was “chosen at random.”

Walmart

It has been a good week for the Fight for 15, the national movement to raise pay for low wage workers to $15 an hour. From New York to California and D.C., cities and public institutions have moved closer to pay hikes that center around the number, more than twice the current federal minimum.

Today, a union-backed campaign is calling for a Federal Trade Commission investigation into a Walmart commercial it claims is "unfairly implying that workers are paid enough to support themselves and their families."

While campaigns are complaining the ad as a whole is misleading, there's one moment in particular that stands out to those who have been following the Fight for 15 (remember to turn the sound on):

vine.co

Walmart announced earlier this year that it would raise entry-level wages to $9 an hour in 2015 and $10 next year.

The commercial's full voiceover is: "There are no medals won for earning a living. It's just what you do for family. But it's hard to build a future if you can't see past today. That's why Walmart is investing in the most important part of our company. Our people. Because a raise in pay raises us all."

That message didn't sit well with some campaigners.

"While it is true that Walmart announced wage increases this year, it is a flat out lie to imply that workers now make enough to live on, especially since so many still struggle to get full-time, consistent hours," said Jess Levin, communications director for the union-backed Making Change At Walmart campaign.

Here's the full commercial:


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McDonald's Stops Releasing Monthly Sales Data

The figures released on Thursday will be the last time the burger chain reports monthly sales numbers, amid a prolonged decline in the business.

Before we begin, let's take a moment to mourn the end of McDonald's monthly sales reports. June was the last month it will release the numbers for. RIP, monthly report. We hardly knew ye.

Before we begin, let's take a moment to mourn the end of McDonald's monthly sales reports. June was the last month it will release the numbers for. RIP, monthly report. We hardly knew ye.

BuzzFeed

It's not ending on a high note, either. In June, comparable sales in the U.S. were down 1.7% from a year ago.

It's not ending on a high note, either. In June, comparable sales in the U.S. were down 1.7% from a year ago.

BuzzFeed

McDonald's losing streak goes on and on. Globally, sales at restaurants open at least 13 months fell 0.7% last quarter.

At the chain's U.S. restaurants, comparable sales fell 2% — and that's despite increasing prices by 2% year-on-year at the end of May. CEO Steve Easterbrook said domestic results have been disappointing for nearly three years now. This marks the chain's seventh consecutive quarter of negative domestic comparable sales, but the problems started before then.

The company blamed falling guest counts in the U.S. "Featured products and promotions did not achieve expected consumer response," according to a press release.

For instance, McDonald's switched to "artisan" chicken in its sandwiches and in June launched a $2.50 promotional summer menu for customers seeking a low cost meal.

Other solutions the chain will continue to test include all-day breakfast, burger customization, and menu simplification. It will also roll out a mobile app next quarter. The company says over 25 million U.S. customers still visit McDonald's each day, which is certainly a lot.

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Bulletproof Raises $9 Million To Build Buttery Coffee Cafes

Dave Asprey has big ambitions for Bulletproof, his lifestyle company that promotes buttered coffee and other fatty concoctions.

Dave Asprey, Bulletproof founder and CEO.

Bulletproof

The Starbucks that for years stood in a retail complex on Main Street in Santa Monica, underneath Arnold Schwarzenegger's office, a quick drive from Gold's Gym, is gone.

In its place, any day now, will be the first cafe location of Bulletproof, the lifestyle company created by Dave Asprey that is best known for selling coffee blended with butter.

Bulletproof, which has a cult-like following, counting celebrities like Jimmy Fallon and Rick Rubin among its fatty coffee believers, hopes to expand beyond its online presence with a series of physical cafes. To fuel that mission, Bulletproof said on Thursday it had raised $9 million from Trinity Ventures, a venture capital firm that was an early investor in Starbucks.

But Asprey, a longtime technology entrepreneur, who spoke to BuzzFeed News on the phone from his home on an organic farm in Canada's Vancouver Island, said he wants Bulletproof to be more than just a coffee chain.

In addition to an online store, where you can buy dietary supplements with names like Brain Octane and Unfair Advantage, Bulletproof offers a library of content anchored by Asprey's diet book, which promises to help you lose weight, gain energy, and "upgrade your life."

"I haven't found a company that looks and feels like Bulletproof," Asprey told BuzzFeed News. "I don't want to be the next Starbucks. I want people to look at something from Bulletproof and say that thing is of exceptionally high quality and high purity."

Gus Tai, a Trinity Ventures partner who is joining Bulletproof's board, noted that while Starbucks is about being social with friends, Bulletproof is more about finding yourself.

Bulletproof, Tai said, "allows you to understand your own internal well-being and allows you to treat that in order to improve performance." (Dan Scholnick, another Trinity Ventures partner, is joining the Bulletproof board as well.)

The Santa Monica store will include some amenities that might surprise patrons of the former Starbucks. It will feature "lighting that changes color with the time of day, so your circadian rhythm is matched," Asprey said.

It will also include a Bulletproof Vibe vibration platform, which is said to be able to support the immune system and build muscle strength by moving up and down 30 times per second. "You can use it while you're waiting for us to make a cup of Bulletproof coffee," Asprey said.

Bulletproof / Via upgradedself.com

Coffee is the cornerstone of Asprey's empire and its most visible lightning rod. The recipe, which has attracted fanatical followers as well as plenty of skeptics, requires "upgraded" coffee beans (developed by Asprey), grass-fed butter, and Brain Octane oil, a type of fat derived from coconut and palm kernels.

Asprey preaches the benefits of eating fats like high-quality butter. On the Bulletproof diet, which includes eating fats, proteins, and vegetables, "you feel completely good," Asprey said.

"You don't get a crash. You don't get food cravings two hours later," he added. "Once you get used to feeling like that, you change how you eat. You change everything to make sure you're feeling good all the time."

The latest fatty drink in the Bulletproof lineup, unveiled on Thursday, is known as FATwater. The medium-chain triglyceride fats contained in FATwater "efficiently escort water into your body so you can experience extreme hydration," according to a press release.

For future cafe locations, Asprey said he was looking elsewhere in Los Angeles, as well as "the whole western half of the U.S."

He said he chose Santa Monica for the first cafe because it is "the home of physical culture," with bodybuilders roaming Muscle Beach. The location is also a nod to the Bulletproof fans in Hollywood, including the actors Brandon Routh and Jeremy Piven.

Asked whether all of this was just a fad, Asprey said he loved that question.

"When you eat in a way that makes you tired and weak and gives you cravings, it is a fad diet," he said. "When you eat in a way that's the Bulletproof diet, it's a road map."

"I just kind of laugh," he added. "I don't know of any other diet that people can eat for years on end, and that they choose to eat, because of how they feel."

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Wednesday, July 22, 2015

Robots Are Coming For Some Fast-Food Worker Jobs

The machines can’t make a decent burger just yet—but they can definitely take your order. Not that labor groups are worried.

Koji Sasahara / AP

America's growing force of fast-food workers may soon have a challenge on their hands greater than the inability to earn a living wage from full-time work in the industry: Much of the work they are currently doing could be taken over by machines within the coming decade or so.

While the full automation of fast-food cashiers isn't here just yet, researchers and those in the business say it's only a matter of time before ordering and payment become primarily self-service. Mobile apps and touchscreen kiosks that are already transforming the business will likely become more appealing as wages rise, and will probably take over even if they don't.

Restaurants are keeping a close eye on labor costs. Los Angeles, Seattle, and San Francisco all recently approved increasing their minimum wages to $15. On July 22, a New York wage board recommended gradually increasing wages for fast-food workers in New York City to $15 by Dec. 31, 2018, and to $15 for the rest of the state by July 1, 2021. It now awaits approval by the state's labor commissioner.

"I fully believe that it will seem crazy, even just two or three years from now, that we used to wait in long lines until we got our turn, and then told [a cashier] what we wanted, and had them punch it into a machine for us," said Noah Glass, founder and CEO of Olo, which makes mobile ordering and payment technology for restaurant chains including Five Guys and Chipotle.

The current system seems particularly outdated, he said, "in an era where 75%, 80% of us have supercomputers that are location-aware and web-enabled on our bodies at all times."

Industry groups are keen to remind workers that demands for higher pay are taking place just as labor-saving technology is making its move on a core part of their work. "You can have a $15 [minimum wage] or you can have the same number of job opportunities you have now, but you can't have both," said Michael Saltsman, research director for the Employment Policies Institute, a business-backed think tank.

A full-page ad the organization took out in the New York Post in June was less coy. "Meet the new minimum wage employee," read the text over a photo of a touchscreen ordering kiosk.

The Employment Policies Institute ad in the New York Post.

Employment Policies Institute

Amid these declarations, many of the country's largest fast-food chains, including Starbucks and McDonald's, have rolled out or are in the process of developing smartphone apps and in-store kiosks that shift work from the cashier to the customer. It's still early days, but if consumers show in large numbers they're willing and happy to place orders themselves — primarily as a matter of convenience — even a $7.25-an-hour worker under today's federal minimum wage could become a questionable expense.

As wages increase, "franchisees have to find a way to pay for those extra costs," Dunkin' Brands CEO Nigel Travis told BuzzFeed News. Operators of the company's Dunkin' Donuts and Baskin-Robbins outlets can offset higher labor expenses through "some form of automation" like new ordering technology, adjusting supply chains, or increasing sales, he said.

Another option, less popular with customers, would be raising menu prices. Just this month, consumers saw increased labor costs lead to higher prices at Starbucks and Chipotle.


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Fast-Food Workers Close In On $15 Wage In New York

In a landmark decision, a New York state wage board has recommended an increase to a $15 minimum for the sector’s 180,000 workers. It awaits approval by the labor commissioner.

Fight for 15 / Via Twitter: @FastFoodForward

After months of emotional testimony by workers and nearly three years of a union-backed campaign to raise industry pay, a New York wage board recommended today that Governor Andrew Cuomo's labor commissioner raise the minimum for the state's 180,000 fast food workers to $15 over several years. To go into effect, the state's labor commissioner must now approve the recommendation.

The board recommends gradually increasing wages for workers in New York City to $15 by Dec. 31, 2018, and to $15 for the rest of the state (where the cost of living is lower) by July 1, 2021. The increase applies to fast food chains with 30 or more locations. Restaurant owners and business-backed groups have generally opposed the raise, claiming it will increase prices and reduce hiring.

The recommendation does not affect minimum wage workers in New York's other industries. Currently, the state minimum wage for New York is $8.75, slated to raise to $9 next year.

Los Angeles, Seattle, and San Francisco all recently approved more sweeping changes, increasing the minimum to $15 over time for all workers, as cities including Washington, D.C. consider similar proposals. Last week, Kansas City, Missouri raised their local wage floor to $13 by 2020.

Workers elsewhere remain hopeful. "Considering the fact that the Fight for 15 started in New York, that's a big victory for all of us," said Bleu Rainer, 26, a McDonald's worker from Tampa, Florida who earns $8.05 an hour after eight years. Rainer has been a leader in the national Fight for 15 movement to raise pay for fast food workers to $15 and unionize.

New York's Fast Food Wage Board, convened by Governor Andrew Cuomo in May, was charged with investigating pay for fast food workers and recommending an increase if necessary for their health and well-being. New York has previously convened wage boards for tipped workers, and workers in the hotel, retail, laundry, and building service industries, as the board allows the governor to pass industry-specific increases without the State Legislature. Other states have also held wage boards.

Cooks, cashiers, union reps, and other low wage workers rallied outside the NY Department of Health building on Church Street in Manhattan in advance of the wage board announcement on Wednesday and gathered nearby to celebrate once word came down.

"I feel like more of a human, instead of someone who can be stepped on and walked all over," said Jacquie Jordan, 49, who makes $9 an hour after seven years working at a McDonald's in Colonie, New York.

Jordan woke early on Wednesday to be on an 8:10 a.m. train from Albany to attend the meeting. She first marched with the Fight for 15 on April 15, when tens of thousands of workers in 200 cities protested in solidarity, and she hasn't missed an action since, she said.

Fast food franchise owners in New York have called the wage board increase "discriminatory" for targeting a particular industry, while allowing the state minimum to remain the same in retail and other sectors that also employ low wage workers.

While fast food giants such as McDonald's may operate some stores, they more often sell the rights to franchisees, who then own and run the restaurants. About 81% of McDonald's restaurants are owned by franchisees, not the company, and it plans to increase that ratio. A franchisee may own anywhere from a small number of stores to dozens.

"We are not the corporations whose names we bear but rather New Yorkers who work hard each and every day," reads a letter recently signed by 100 franchise owners and operators addressed to the governor's office. "By singling out fast food restaurants while ignoring other industries that hire entry-level workers, you will put our businesses at a competitive disadvantage."


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Discover Fined For Illegal Student Loan Practices

Consumer Financial Protection Bureau Director Richard Cordray

Yuri Gripas / Reuters

One of the country's largest private student loan servicers, Discover Bank, was fined $18.5 million Wednesday by the Consumer Financial Protection Bureau for a host of illegal practices. The action is Bureau's first action against a student loan servicer, the latest step in the government's attempts to ferret out bad practices by banks and nonprofits that service private student loans.

"Today’s action demonstrates how Discover failed at providing the most basic functions of adequate student loan servicing," the CFPB said in a statement.

Discover, the CFPB said, frequently overstated the minimum amounts borrowers had to pay on their loans, and used illegal and harassing debt collection practices, calling borrowers at all hours of the day and night. It also withheld key information from borrowers about the interest they had paid, causing them to miss out on tax benefits.

The bank's bad practices were concentrated in a chunk of the bank's private student loan portfolio acquired from Citibank, which included some 800,000 accounts, the CFPB said.

Discover's illegal practices are symptomatic of broader issues in the private student loan industry, according to a report last year from the CFPB that highlighted "risky" and "misleading" practices among a swath of private loan servicers.

The regulator launched a public inquiry in May into private student loan servicers, over whom it has stepped up oversight as the student loan debt burden grows and an increasing number of borrowers struggle with repayment. Last year, a CPFB investigation with the Justice Department resulted in a $60 million settlement with student loan giant Sallie Mae, which consistently overcharged members of the military.

The student loan industry's bad practices are not concentrated in the private lending market. The Education Department has targeted bad actors in the group of private agencies it contracts with to collect on federal loans, suspending the contracts of five debt collectors earlier this year.

Discover will be forced to return $16 million to more than 100,000 borrowers, paying an additional $2.5 million fine.



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McDonald's All-Day Breakfast Could Become Real This Fall

One franchisee says it might happen as soon as October.

McDonald's customers have long demanded one thing: all-day breakfast. Their wish may come true this fall.

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All-day breakfast is one of the top requests from McDonald's customers. This year, the chain began adding prep space to kitchens to make room for all-day breakfast tests in San Diego and Nashville restaurants. So far, the results have been promising, according to a memo sent to U.S. franchisees that was secured by the Wall Street Journal.

A McDonald's franchisee who leads a task force studying all-day breakfast told the WSJ that it may launch nationwide as early as October. But it doesn't look like the whole breakfast menu will be available all day — operators may have to make the difficult decision of "whether they want their new menu boards to feature biscuits or muffins for the breakfast sandwiches," the WSJ reported.

If this were to become a reality, franchisees would need to order new equipment and change menu boards.

"We're testing it out in a few markets to learn more about this possibility," a McDonald's spokesperson said in an email to BuzzFeed News. "We know your mouth is watering, but there's no news on this yet."

Currently, most McDonald's restaurants stop serving breakfast at 10:30 a.m.

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Meet One Architect Of The Minimum Wage Protest Movement

BuzzFeed News speaks with Mary Kay Henry, president of the two million member Service Employees International Union and a driving force behind the Fight for 15.

Jonathan Ernst / Reuters

In the midst of declining union power in the U.S., the Service Employees International Union and its president, Mary Kay Henry, have emerged as two of the most forward-thinking figures born of the traditional labor movement.

With money and advice, they have supported alternative labor structures like workers' centers and informal unions, which have increasingly gained ground as conventional unions lose membership.

Most prominently, they have helped lead the national Fight for 15 movement among fast-food workers for a $15 minimum wage, one of the most visible and energetic additions to the labor movement in decades.

As the tally of cities, states, companies and sectors raising pay grows, SEIU's approach looks more and more like a winning strategy. Today, New York Governor Andrew Cuomo's wage board is expected to announce the results of its inquiry into raising the minimum wage for the state's fast food workers — another milestone for the movement.

In recent months, BuzzFeed News interviewed Henry, both by phone and in person. Here's an edited transcript of the conversations.

What happens the day after the results from the New York wage board come out?

We're going to make a national demand when the wage board issues in mid-July — the demand to set up wage boards everywhere in the country for fast food workers. And then we need to think with the people in New York: what's the next wage board demand that occurs after the fast food wage board? Which I don't know if the governor is anticipating.

We have to think — okay, we can't pass minimum wage in the state? We'll just go sector by sector. Because the [law] says the governor should call a wage board if people can't lead a healthy life based on their wages. Well, that is a lot of damn workers in New York.

What might the next sector be?

I think of the answer to your question based on who's in the street. Because then the elected thinks, "Oh my god, I've got to respond to this." It's not an academic exercise, even though there might be an economic reason. It's all about building the movement and having the electeds respond to the wind.

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Are there any common misconceptions about the Fight for 15 you'd like to dispel?

We need to change the public consciousness about these workers. These are no longer high school students looking for pocket change. These are moms and dads doing the best they can.

We see fast food workers opening a story about all kinds of service and care workers in the U.S. economy — about workers in the fastest growing jobs needing to have wages and a voice through collective action.

What was behind the decision to focus on fast food workers and wage increases in particular, and what's next for the movement?

In the past, janitors formed a union outside of the law. Home care workers formed a union outside of the law. In previous times, it's been about cities and states. What's a breakthrough about this moment is that it's national, and that fast food workers used the very difficult decision to strike as a way to capture the nation's imagination.

I think we're going to see additional workers join from across the retail sector, from auto parts work, from airports. We're joining with the immigration movement, with Black Lives Matter, the environmental movement — and we think it begins with McDonalds, Wendy's, and Burger King.


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Tuesday, July 21, 2015

Backpage Sues Cook County Sheriff Over Credit Card Shutdown

The classifieds website is accusing law enforcement of restraining speech “without due process.”

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Backpage.com has struck back at Cook County Sheriff Thomas Dart, suing him in federal court in Illinois for "effecting an informal extralegal prior restraint of speech without due process." Earlier this month, after Dart wrote letters to Visa and MasterCard, the two giant payment networks shut down their payment networks for the purpose of buying ads on Backpage.

Since Craigslist abandoned adult personal ads following pressure from law enforcement officials and politicians, Backpage has become the internet's primary location for the ads — and the second largest classifieds site after Craigslist — and a frequent target of politicians and law enforcement officials, like Dart, who claim it facilitates sex trafficking and prostitution.

Since the shutdown earlier this month, Backpage has tried to work around it, allowing users to buy "credits" which could be used to purchase ads, then making their adult ads free, and letting customers pay through money orders or cash sent in to a Texas PO Box. Dart's office is working with A BuzzFeed reporter was unable to use a Visa card to buy credits.

Backpage's suit against Dart describes his efforts to persuade Visa, MasterCard, and American Express to cut off classified sites as a response to a failed effort to go after these sites using typical law enforcement means, including a 2009 suit where he alleged the Craigslist facilitated prostitution.

Backpage, like Craigslist, has been successful in batting away legal challenges stemming from hosting adult ads because federal law, specifically the Communications Decency Act, tends to protect web site administrators from responsibility for content posted by users.

The suit says that Dart had "targeted" Backpage since Craigslist shut down its adult personal ads in September, 2010 and then started communicating with Backpage in 2011 by requesting that the adult personal ads be removed from the site entirely.

After Backpage explained its own screening policies — including requiring payment by credit and debit cards and providing information in response to law enforcement requests — Backpage says that Dart thanked them for their "work done so far" and their "candor and sincerity," but by January, 2012, again demanded they remove their adult category.

Backpage says Dart's latest action is an example of "prior restraint," arguing that it's "a government official... banning a forum of speech simply because he dislikes it." Backpage says Dart used "false accusations, innuendo, and coercion," to effectively cripple Backpage's business and infringed on the site and its user's free speech rights. Backpage is seeking a declaration that Dart's actions were unlawful, an injunction that would force him to cease his campaign against Backpage and retract his letters, along with damages. Backpage has requested a hearing on Thursday over the injunction.

Rainey Reitman, the activism director of the Electronic Frontier Foundation, criticized MasterCard and Visa for removing support for Backpage, writing earlier this month, "We don't need Visa and MasterCard to play nanny for online speech. Payment processors and banks shouldn't be in the position of deciding what type of online content is criminal or enforcing morality for the rest of society."

In a statement, Backpage's general counsel Liz McDougall said "Sheriff Dart's attempt to censor indirectly speech that he cannot censor directly is an unconstitutional prior restraint of speech without legal authority or due process. To give it effect would create a dangerous precedent for elected government officials of any level to become independent censors of online speech nationally and globally based on their personal morals, beliefs or whims."

Backpage has not, however, initiated legal action against Visa and MasterCard, who chose to remove support for Backpage after receiving letters from Dart in which he alleged the site was facilitating illegal activity.

Dart's office is not backing down from his its years-long campaign against Backpage. "It is regrettable that Backpage has dedicated so many resources to lawyers and lobbyists when they could be partnering with law enforcement to seek justice for sex trafficking victims," the office said in a statement. "Sheriff Dart requested that the credit card companies voluntarily do what Backpage will not – disassociate their business from online sex trafficking in the name of good corporate citizenship."

Read Backpage's complaint



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Chipotle's Growth Dented By Carnitas Shortage

The chain’s stores are still ringing up higher sales, just not at the rates it saw last year.

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After a hot 2014, Chipotle's rapid pace of growth is starting to come down to earth. The recent carnitas shortage didn't help.

From April to June, sales at restaurants open for at least 13 months increased 4.3%, which is notably below the 10.4% jump earlier this year and the 16.8% for all of 2014.

The relatively modest gain last quarter was attributable mainly to price increases, with some impact from increased catering, sides and kids meals orders. Guest counts were actually down slightly during the period, but started to tick up again in July, according to the company.

Chipotle had expected same-store sales growth to slow from last year's soaring levels, and things are playing out as the company expected, said chief financial officer Jack Hartung on an earnings call on Tuesday.

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Among Chipotle's challenges this year was the shortage of carnitas. The chain stopped serving the pork in some of its restaurants when it couldn't secure enough supply that met its animal welfare standards. The company says around 95% of pigs in the country are raised "conventionally" and do not meet its requirements.

To address the shortage, it recently partnered with Karro Food, a pork supplier in the U.K. About 40 percent of stores still don't have carnitas, but Chipotle expects all locations to serve it again by the end of the year. While carnitas are only small share of orders compared to chicken and beef options, the shortage has negatively impacted stores' ability to grow comparable sales.

Looking ahead, the chain, which helped to pioneer new expectations about ethical sourcing and ingredients in fast food, is also seeing more competition from chains like Panera, and even Taco Bell and Pizza Hut, which made sweeping announcements this spring about removing artificial ingredients. Today, Chipotle launched a new campaign called "Friend of Faux" that aims to point out how Chipotle's ingredients are different, including its commitment to a menu free of genetically modified organisms.

"With competitors making pledges, we're strengthening our marketing message to continue to show the contrast between what Chipotle has always done and the changes others are pledging," co-CEO Steve Ells told investors on the call.

For the full year 2015, Chipotle expects comparable restaurant sales to increase in the low-to-mid single digits. It will also open roughly 200 new restaurants, after opening 97 stores between January and June. There are currently 1,878 restaurants.


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The Limited Too Is Back For "Millennial Moms" And Their Tweens

The company that owns and manages brands like Nanette Lepore and Kensie just bought the Limited Too brand trademark and plans to bring the chain back.

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A brand management company is planning to resurrect the once-beloved Limited Too chain in a bet that it will strike a chord with nostalgic "millennial moms."

"Over the years Limited Too has brought fun and joy to children's fashion shopping experiences and holds a special place with the millennial moms who are now having children of their own," Ralph Gindi, chief executive officer of Bluestar Alliance, said in a statement yesterday.

Bluestar, which owns and manages brands like Kensie and Nanette Lepore, reportedly acquired the Limited Too trademarks from Sun Capital Partners, the private equity firm that owns The Limited.

"We will engage in a social media and marketing blitz that will have a clear and concise message to both the tween consumer and her mom, that 'It's time to have fun shopping again,'" Bluestar CEO Joey Gabbay said in the statement.

(How time flies, if the oft-marketed to millennials are already producing coveted tween consumers.)

Unlike the Limited Too of yesterday, the resurrected version will make its way into department stores, and have an e-commerce presence. It's not yet clear how many standalone locations it will open. Bluestar says it plans to "stay true to the brand DNA and mantra of 'It's a Girls' World.'"

In a complicated twist, the new Limited Too will compete against its old self, which is the chain Justice. (In fact, LimitedToo.com redirects to Justice's website.)

Here's how that works: The Limited Too was once a part of L Brands, the company that owns Victoria's Secret and Bath & Body Works. The company spun it out in the late 1990s under the name Tween Brands, and the business thrived for years until the recession hit. In mid-2008, Tween Brands decided to convert its 560 Limited Too stores to Justice locations, its lower-priced chain for girls that was performing better with value-conscious consumers. Tween Brands, in turn, was acquired by a company now known as Ascena Retail Group in 2009, and says it operates more than 1,000 Justice stores, selling "the hottest fashion merchandise and accessories" for 7- to 14-year-old girls.

But Justice might not have the same cache with the 20- and 30-something mom set that the Limited Too might. Justice was created in 2004, while the Limited Too emerged in 1987 — the same year many so-called millennial were born. (There's a Facebook group called, "When I was your age, we had Limited Too, not Justice.")

"The product mix will fill a void in the market where fashion, fun and value are all in-sync," Gabbay said.



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Citi To Pay Over $700 Million For Shady Marketing Practices

The action comes on the fifth birthday of the Dodd-Frank Act, which created the agency that investigated and penalized Citi.

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Citi is the latest megabank to pay out hundreds of millions in consumer relief and penalties for its marketing of so-called "add-on" services to its credit card customers. The more than $700 million in money to affected customers and $35 million in penalties comes on the fifth birthday of the Dodd-Frank Act, which created the agency that investigated and penalized Citi: the Consumer Financial Protection Bureau.

The agency, known as the CFPB, said the methods Citi used to market additional products to its credit card customers violated consumer protection rules around marketing and billing. These products included services that would cancel or delay payments, credit monitoring, and services that would notify customers of lost or stolen credit cards. The CFPB said that Citi often didn't disclose the true cost of these services or their exact benefits.

In one case, the CFPB said, Citi telemarketers told customers a product came with a free 30-day trial, but in fact charged customers during those first 30 days. In other instances, the CFPB says the telemarketers failed to inform users that they would be billed unless they proactively cancelled the service.

Citi also marketed a fraud detection and alert service that some telemarketers, the CFPB said, described to potential customers as a way to alert them to suspicious purchases but instead just noted changes in their credit file.

The services, "IdentityMonitor," was marketed as being generated by the three major credit reporting bureau, but the CFPB said, "another third-party vendor generated the score using as an input the consumer's credit files separately maintained at those credit reporting companies." It cost $12.95 a month. The CFPB also said that the telemarketers used "leading questions" and sometimes interpreted "ambiguous responses" to enroll customers in the program.

These practices went on from January 2009 to October 2012. The CFPB said that these improper marketing practices affected 4.8 million Citibank credit card customers. Combined, the billing and marketing practices that Citi has agreed to halt and provided relief for affected 8.8 million customers, which is a large chunk of Citi's 23.2 million open card accounts in North America.

The CFPB also detailed billing practices that ran afoul of its rules, including billing customers for credit monitoring without proper authorization to do so. Citi, the CFPB said, would bill customers for credit monitoring even when "one or more credit reporting companies could not process the authorization." This practice continued, in some form or another, from 2000 to 2013 for some of Citi's add-one products.

Citi said that it started customer remediation in 2013 and that it will give customers credits on their credit card statements or send checks.

"Citi cooperated fully with the CFPB and OCC and has taken extensive steps to address each issue that affected customers," the bank said in a statement. "Citi previously discontinued sales of the products included in the agreements, which include credit monitoring and debt protection products and wallet protection services, and no longer charges expedited pay-by-phone fees."

This is just the latest large CFPB action relating to the marketing of these "add-on" products.

Last year, the CFPB ordered Bank of America to pay $727 million in customer relief and $20 million in a penalty for similar practices. Chase had to pay $309 million in remediation for customers along with a $20 million penalty in 2013.

"We continue to uncover illegal credit card add-on practices that are costing unknowing consumers millions of dollars," CFPB Director Richard Cordray said in a statement. "In our four years, this is the tenth action we've taken against companies in this space for deceiving consumers. We will remain on the lookout for similar conduct and will address it as we find it."



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