Author Archives: Michael Froomkin

The Grand Finale (Probably)

At about 9am, a big truck pulls up outside my house.

The other truck is AWOL, but the guys on this team decide to go it alone. Four guys wouldn’t fit on my staircase anyway, one of them says.


A bit after 9:30 the other team arrives. Apparently they had to go back en route to pick up an extra mattress, and didn’t get the call from the first team not to bother showing up.

So everyone pitches in and is busy screwing things in.

One piece goes in backwards at first, but they quickly get it right.

And by 10am….I have a treadmill:

I haven’t gotten a new bill yet, though, so perhaps this isn’t quite the last chapter….

[Next: The Consumerist]

Previously:

Posted in Shopping | 6 Comments

A Quick Dispatch from the Treadmill Front

Where is my treadmill?A different Sears bot called last night to say we should expect delivery of our treadmill between 8am and 9am today. Last night we moved the dining table and the heavy sofa to clear a path to the staircase; this morning we made the bed so the room would look nice for the delivery people.

Yesterday I also got an email from Sears.com telling me they were refunding my payment.

Dear Sears Customer, 
 
Thank you for your order with sears.com!
 
In regard to order number ##########, a credit in the amount of $#####.## was issued to your account today.  This credit was issued because of your cancelled order.  We apologize for any inconvenience this may cause. 
 
This credit should be viewable by your financial institution within 72 hours.  If you have any questions, please contact your financial institution after that period to verify receipt of the credit to your account. Please note, your financial institution may have processing guidelines for posting credits that may impact the time it takes for the credit to be reflected in your balance.
 
If you have any comments or questions, please e-mail us at order@customerservice.sears.com or call us at 1-800-283-6940.  We hope you visit us again soon at www.sears.com. 
 
Sincerely, 
Karla G.
Sears Online Customer Care

(It’s odd that no one at Sears seems to have last names.)

I took this to mean that Sears has no other way to book what it sees as an ‘exchange’ of my non-existent treadmill for an actually existing one – that thing the rest of us call ‘delivery’. And I presume that I’ll have to sign a new credit card slip for the new treadmill when they deliver it.

This morning around 8:10 – just about when the other bot used to call – a human phoned to say they’d actually be here between 9am and 9:30.

I’m still hoping that the end may be in sight.

[Next installment: The Grand Finale (Probably)]

Previously:

Posted in Shopping | 1 Comment

Citizens Insurance Wants to Turn Me Into ‘Take Out’

Apparently, there’s a subsidy plan to use my premiums to pay private insurers to take over its policies. On the other hand powerful figures in the state GOP are lining up to support gifts to their friends.

My experience suggests the program isn’t necessary: although the program is not operating yet I’ve gotten my first letter of the post-hurricane season from a new, small, (fly-by-night?) insurance company called Homeowners Choice Property & Casualty (HCI) that has got me on its menu as “Take Out”.

“Take-out” is how Citizens refers to the policies cherry-picked by private insurance companies. And perhaps because I live relatively far from water and thus face less flood risk, I’m the cherry.

These letters follow a form. They have threats about how awful Citizens will be, threats founded in fact if skewed to the worst case. They are opt-out only: do nothing and I will be transferred to the new company about which I know nothing.

When I got the letter, HCI didn’t even disclose the terms of the policy they are offering me. Although the letter contains vague language about covering “other structures,” like gazebos, that I don’t happen to have, and mentions some “coverage options”, the real meat was supposed to be online. I was invited to go online to view financial info and see “a coverage comparison”. There is some financial information about HCI at Citizens’ “Take-out Companies” page, but when I visited last week, there was nothing about policy terms there. Checking back today, however, I find that there is now a summary coverage analysis document. Bottom line: very little difference — for now.

And of course there’s no reason to believe the premiums will be any less with any given company than with Citizens’: HCI is required to keep my policy for at least 10 years (unless they go broke first), provide “substantially the same coverage” as Citizens for the first three years, and limit rate increases to 10 percent per policy per year. Such comfort.

HCI’s homepage is not much use to me either. They tell me they are rated “A Exceptional” by Demotech, which is the rating agency for insurance companies too small to get a rating from AM Best. Looking at Demotech’s site, I find that “Exceptional” is only the third-best rating (everyone is waay above average here!), and means that according to some model (about which we are told nothing) Demotech thinks that 97% of the companies with this rating will be solvent 18 months from now. An A rating puts HCI in the top 70% of companies rated by Demotech. Yes, top 70%! (Not surprisingly, the Demotech ratings have been accused of being inflated.)

A little Internet searching tells me HCI just recently doubled in size by taking over policies from HomeWise, a failed insurance company. Was that before or after they got their rating?

Given that Governor Scott’s team, gripped by anti-government ideology, seeks to destroy Citizens Insurance by continually raising premiums and cutting coverage even though Citizens now has the $6+ billion reserves we always were told it would need to be solvent, I might actually be prepared to consider opting out some day despite my earlier reluctance. But I’d have to know what I was getting, and to have more confidence about the company I was going to than HCI has been willing or able to provide.

The track record so far for these insurance startups is sort of what I’d expect:

The granddaddy of onetime Citizens’ takeout companies, Poe Financial Group, was swamped with hurricane payouts and fell into Chapter 11 bankruptcy reorganization in August 2006 after storms caused more damage than it could cover. To pay for Poe, the state assessed everyone in Florida who buys homeowner or auto insurance. Lightning struck again with Magnolia Insurance, which was the biggest participant in a Citizens takeout program in 2009, the year before it went out of business. Another takeout firm, HomeWise Insurance Co., failed in 2011 and its policies were assumed by Tampa-based Homeowners Choice, which is the single-biggest takeout company participating in this round. Scott Wallace, the past president of Citizens Property Insurance, is now president of Homeowners Choice.

Looks like I’m opting out of this one too.

Update (10/11): Great article on some of the pros and cons of opting-out of Citizens from Tampa Bay Times. Where is the Miami Herald on all this? Fun fact: 30% of Citizens policy holders opted out last time letters went out — that’s a lot for an opt-out program. Citizens is cranking up the propaganda to reduce that number.

Posted in Econ & Money, Florida, Shopping | 8 Comments

Bird Bained

via Daily Kos: UPDATE: For those who don’t think Romney’s ‘Big Bird’ moment is a major thing …

Related video:

Bonus Related images

Posted in 2012 Election | 2 Comments

A Simple Way to Vastly Reduce Lying in Presidential Debates

Last night’s debates were striking both for the President’s flat performance and for his challenger’s breathtaking and repeated mendacity. I loved one of the post debate spinners who described Romney’s talk of taxes as “eat all the cake you like, you won’t get fat”.

But it’s not anywhere near the first time that a candidate has told serial porkies on the Presidential debate stage. And if we keep on structuring debates in more or less the same way it will happen again: The form seems to if not invite lies, at least make them too easy.

Can something be done to prevent lying in Presidential debates? I have a simple suggestion that will greatly reduce the opportunity for lies, admitting that nothing can eradicate them completely: The moderator’s key questions on the issues should be released to the candidates and the public 48 hours in advance of the debates.

It is silly to think that the element of surprise adds value to these events. Allow the candidates to do scripted talks and then have the surprises be the back and forth as they interact and ask each other followups. Allow followups from the moderator if you trust him or her to be less milquetoast than the hapless Jim Lehrer. But if you must have surprise as to the basic questions, reduce it to a fraction of the event.

Releasing at least a substantial fraction of the questions in advance will unleash the fact-checkers on all sides. It will promote debate. It will allow campaigns to set up web sites in which they give backup for their claims. In a more perfect world than we actually have, we could aim for a week in advance, and hope that a consensus dataset would evolve in real rather than nominal dollars, but I know that is just an academic pipe dream. It won’t happen, and a week is a long time in politics anyway.

But even 48 hours will allow the mobilization of enough external expertise that it would put candidates on notice that there are limits to what they can reasonably hope get away with.


My picks for winners and losers:

Pre-debate winner: James Fallows, who called it pretty well.

Post-debate winner: Paul Krugmann, A Test of the System and Romney’s Sick Joke

Post-debate losers: Jim Lehrer and all the rest of us too.

Posted in Politics | 9 Comments

Sears Feels the Power of the Press

Where is my treadmill?Over the weekend a reporter from a major national newspaper got interested in my treadmill saga. He called Sears to get their side of the story. And in no time at all, on Monday Shirley from Sears corporate offices in Hoffman Estates, Ill. — the real corporate offices as opposed to the “executive offices” that house Stephanie — was on the phone to me sorting things out.

Yesterday Shirley called to tell me I’d have a treadmill by Monday — the “2013 model” — which was presented as a great favor because it has a larger LCD screen (like I care? My plan is to be walking at a constant pace, listening to my podcasts or maybe in the future watching DVR’s Daily Shows and Colbert Reports). Supposedly the 2013s too are currently on ‘backorder’ so getting one to Miami by then is an exceptional event.

Given that the Sears.com web page currently promises delivery to my zip code of the very same Sole F80 by 10/06/12 — Saturday — I’m not as impressed as Shirley might wish. Either this great favor isn’t a great favor or, at least as likely, the web page is misleading people. I asked Shirley about the delivery info online and she blamed the manufacturer, who she says loads the availability data directly onto the Sears site and, she seemed to imply, says goods are available when they are not. If that’s true, it seems an awesome failure on Sears’s part not to write contracts that would penalize suppliers for creating circumstances that pretty seriously trash Sears’s customer experience and brand. But what do I know, I teach law not marketing. No doubt the wizards of Bain could explain why this is really good business because it saves on an employee somewhere.

Shirley clearly has real power, though: the Sears bot did not call today. What a shame Sears cannot or will not empower its call center people to turn off the calls too. After all, if Sears will let an arms-length manufacturer write direct to the database that runs its web sales arm, why won’t it let its outsourced call center employees control the robocaller?

More importantly, why does it take the threat of unfavorable national publicity to get a company to honor its promise in what should have been a fairly routine consumer transaction? I would love to hear someone at Sears explain what went wrong in not just in their supply chain but more importantly in the delivery and post-sale customer support networks — and especially what they plan to do about it. Otherwise, it sounds like time to short Sears stock — surely no firm can survive doing business like this?

If the article appears, I gather it would run onNEXT Sunday. I’ll be sure to link to it if does.

[Next installment: A Quick Dispatch from the Treadmill Front]

Previously:

Posted in Shopping | 6 Comments