Showing posts with label lawyers. Show all posts
Showing posts with label lawyers. Show all posts

Wednesday, November 17, 2021

Please Stop Disclaiming

There is something we need to fix, America. Everything else seems to be running like a Swiss watch out there except this one item. Can we please tell the radio stations they can stop saying, “Message and data rates may apply” when they ask us to text or call into a contest?

I mean, come on! Aren’t we past that by now? Are there actually cell phone users out there that don’t understand how their message and data plans work? And maybe more to the point, who is still out there worrying about their plan’s limits? I guess data is one thing, but do cell companies even have limited text plans anymore?

And why do the radio stations even feel the need to add that disclaimer? What are they afraid of? Someone suing them for not knowing, let alone explaining to them, how their own cell plan works? Who in the hell is going to win that court case?

Plaintiff: “Your honor, this radio station owes me $57.23, because when I texted into their Workday Payday contest it put me over the limit on both my messages and my data.”

Judge: “You are a moron. Leave my courtroom before I have you arrested for being too stupid to be left on your own.”

And why did the radio station lawyers pick that one obvious thing to point out over every other obvious radio station disclaimer they could have?

Caution, you probably won’t love 100% of these songs.

Caution, listening to our ads might give you the impression that you have a rare disease that no one has ever heard of. Talk to your doctor about endocrine pancreatic insufficiency today.

Caution, playing air drums in your car at a red light may permanently ruin your chances with that good looking stranger to your left.

Caution, listening to this station at an extremely loud volume can make your wife annoyed at you later in life when you can’t hear anything she says from the other room.

Seriously, guys, please! Message and data rates haven’t applied in a long time. Let it go.

Now, can we move to the all-Christmas format already? It’s almost Thanksgiving.

Caution, this station will make your wife bug you about putting up the Christmas lights.

See you soon,

-Smidge

 

Copyright © 2021 Marc Schmatjen

 

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Wednesday, August 5, 2020

Google+ You = Just You - Repost

A while back, I predicted a class action lawsuit would be coming against my former seventeenth-favorite social network, Google+. Sadly, I was right. Someone please tell my wife.

I got the email yesterday informing me of the impending legal action against Google With Cross. I was wrong about one thing, though. The suing class wasn’t as large as I thought it would be. I predicted the predatory lawyers would be able to round up as many as seven hipsters as plaintiffs. I overestimated the massive popularity and user base of Google Addition. They could only find four. This legal action brought to you by Matthew, Zak, Charles, and Eileen. Good luck with your lawsuit, you crazy kids.

Here’s the historical record of my prediction, so we can prove it to my wife. Enjoy!


I received some disturbing news last week. Google emailed me to inform me that my Google+ account would be shut down soon. You can imagine my surprise.

My first thought was, I have a Google+ account?

My second thought was, What the hell is Google+?

I’m totally kidding. I know Google+ was the social media network that Google came up with in an afternoon as a means to compete with Facebook. Sadly, it never really took off, and by “never really,” I mean that only fifty-six people in the entire world ever knew about it, and most of them worked at Google. Maybe they should have advertised it on Facebook?

My guess as to why it never gained any traction is that it had a symbol in the name. It was like The Social Network Formerly Known as Prince. When you don’t actually spell out your company name, you leave it far too open for interpretation.

Is it “Google Plus,” “Google Add,” “Google And,” “Google Positive,” “Google Lazy Person’s Ampersand,” or “Google Insert International Direct Dial Code Here?” No one ever knew for sure.

Here’s part of the nice note I received from Google Celtic Cross:

In December 2018, we announced our decision to shut down Google+ for consumers in April 2019 due to low usage and challenges involved in maintaining a successful product that meets consumers' expectations.

Apparently, one of the “challenges involved in maintaining a successful product” is not accidentally leaving a giant security gap for an entire week. That apparently does not “meet consumers' expectations.”

Originally, they had plans to drag out the shutdown of Google Line Doodle until August of 2019, but then they found out that they did an update that had a huge bug in it, leaving everyone’s accounts wide open for an entire week, so they have decided to pull the plug by April.

It’s unclear whether any sensitive data was leaked, but the good news for Google is that virtually everyone with a Google I Have Two Sticks account was a Google employee, and can’t sue them. Any class action lawsuits arising from the breach should only have about seven members, consisting of ultra-hipsters. Google can probably settle out of court with them for a few twelvers of PBR and some free Lyft coupons.

The nice note then had a ton of completely useless information about how I could retrieve all my photos from them. Apparently, they were still fooling themselves into thinking anyone actually used Google Swiss Flag, right up until the end.

The note concluded with this:

From all of us on the Google+ team, thank you for making Google+ such a special place. We are grateful for the talented group of artists, community builders, and thought leaders who made Google+ their home. It would not have been the same without your passion and dedication.

Yes, you seven dedicated thought leaders meant the world to us!

Also, if any of you talented, passionate community builders out there are hiring, we would love to synergistically leverage our failed Google Skewed X platform skills in your workspace, as early as next Tuesday.

See you soon,

-Smidge

 

Copyright © 2020 Marc Schmatjen

 

Check out The Smidge Page on Facebook. We like you, now like us back!

Also visit Marc’s Amazon.com Author Page  for all his books. Enjoy!

Wednesday, March 2, 2016

Can We Opt In for Once?

This column shall serve as adequate public notice that you (yes, you), as a citizen of the world, are hereby required to send me five hundred dollars (500 USD) immediately. If I do not receive five hundred dollars from you, postmarked by March 7th, 2016, your primary bank account will be debited, and/or your wages will be garnished to collect this mandatory fee.

You may opt out of this fee by sending, via FedEx overnight priority, a notarized, handwritten letter on 7-1/2” x 13mm, 32# bond, seafoam green paper, sealed in a #10 string and button manila envelope with a red wax seal securing the string. The seal shall consist of fifty percent beeswax and fifty percent carnauba wax, be on the chromatic scale between cardinal and chestnut red, be no smaller than a nickel but no larger than a drachma at its widest dimension, and be embossed with a round stamp containing my initials in Comic Sans font.

Your opt-out letter must be in both English and Spanish, must make grammatical sense, and must not contain any vowels. It must be received by close of business tomorrow.

Please include the five hundred dollar fee with your opt-out letter, which will be refunded to you if you have met the opt-out criteria. You must also include a self-addressed stamped envelope with the same envelope and sealing requirements as above to be eligible for a refund.

Thank you,
Smidge


While you’re making out your checks, let me tell you a little story. We received an email from our school district here in California telling us that unless we mailed opt-out letters to a judge in Sacramento, all of our children’s personal information would be sent to the court, due to a lawsuit not involving our district in any way. It seems a group cleverly named ‘The Concerned Parents Association’ sued the California Department of Education, claiming they weren’t doing something or other correctly.

The United States District Court, which is apparently staffed entirely with stupid, stupid, stupid idiots, decided that because someone somewhere was concerned, every single student in the state of California should have to hand over their personal, confidential education file - complete with their name, social security number, address, date of birth, etc., etc., etc. - to another group of stupid, stupid, stupid idiots.

So here is the “opt-out” form that I had to fill out three times by hand and mail in an envelope with a stamp, because doing this sort of thing online in this day and age makes no sense:

FILED UNDER SEAL
OBJECTION TO DISCLOSURE OF STUDENT
INFORMATION AND RECORDS
I, the undersigned, being a parent/guardian, or an adult student who is eighteen (18) years of age or older, object to the disclosure by the California Department of Education of protected personal information contained in records of my/my child’s student records in the lawsuit entitled, Morgan Hill Concerned Parents Association, et al. v. California Department of Education, USDC-Eastern District of California, Case No. 2:11-cv-03471-KJM-AC:

First of all, how did you idiots write the word “protected” with a straight face? If it was actually protected, we wouldn’t be doing this. That’s like a bank telling me, “Your money is totally protected here. Unless, you know, like, someone comes in and asks for it. Then we just totally give it to them.”

Second of all, this letter I’m sending you isn’t really an ‘opt-out’ at all, is it? It says that I object to you disclosing my children’s information. Nowhere in this letter does it say you can’t do it if you want to. Last time I watched Making of a Murderer, objections could be overruled by judges. Especially idiot judges.

After the information I had to fill in, you included a comments section with the hilarious parenthetical “optional,” as if commenting on this inane failure of sanity and reason was actually optional for me.

Here’s my comments: To the ‘Concerned Parents Association’ - If you were actually concerned parents, you wouldn’t be asking for other people’s kids’ private information.

To the courts - How about an opt-in form next time? “Yes, I would love to release all my sons’ personal data so that you folks can figure out why Hayden failed geometry after his parents so helpfully ignored an entire school year’s worth of  progress reports and emails from his teacher until the last week of school.” Laws are written by people. Stop doing what you think is legal and start doing what you know is right. This is wrong and you know it. Don’t hide behind a lawsuit.

And I’m talking to you, too, California school districts. The email I received from my district urged me to send in my not-really-an-opt-out “opt-out” letters because “the release of this information is completely out of our control...” I would argue that. You and the courts are all on the same team, and it’s supposed to be my team. If you all stood up to the court and did what you know is right, instead of what they’re telling you is “legal,” they wouldn’t be able to get away with it.

“Give us the information.”
“No.”
“But you have to. We said so.”
“Bite me.”
“What now?”
“Why don’t you put away some criminals?”
“OK. We haven’t been focusing on that. Good call.”

Now if you’ll excuse me, I know you have a check to mail to me, and I have to get back to hand-writing my comments on these forms. I need to go look up how to spell ‘asinine’ and Google whether I can be held in contempt of court for calling a judge a dumbass on paper.

See you soon,

-Smidge


Copyright © 2016 Marc Schmatjen


Check out The Smidge Page on Facebook. We like you, now like us back!

Also visit Marc’s Amazon.com Author Page  for all his books. Enjoy!

Wednesday, December 30, 2015

Classless Action

Burlington Coat Factory has wronged me. Apparently. At least, a law firm just sent me a letter telling me they did.

It seems that at some point during the period of time from February 14, 2010 through January 28, 2015 I used a credit card to purchase something at a California Burlington Coat Factory, and when I did, those no-good bastards requested my telephone number, which obviously violated California Civil Code 1747.08.

So, much to my relief, a bench trial was held in the Orange County Superior Court from January 12th through January 28th of this year, of which I was an unknowing member of a class action lawsuit brought against those lousy, four-flushing, phone number-collecting coat monkeys.

Justice was swiftly served on April 14th, and I and the other hapless victims of this heinous coat monger’s phone number collection spree have been made whole again. The options, however, for our restitution from this (anywhere from one to five year) period of living hell are unfortunately fraught with more peril.

We have been given two choices to compensate us for the mental anguish this unbearable situation has caused:
1) Receiving a cash award voucher for ten dollars, redeemable at any Burlington Coat Factory retail store for cold, hard cash.
2) A merchandise voucher for twenty-five dollars, good at any Burlington Coat Factory location in the United States.

What the hell kind of settlement is that? Either way, you are forcing me back into the lion’s den. Who knows what the BCF will try to take from me next. The last time I allegedly went in there they made off with my entire ten-digit telephone number for goodness sake. What’s going to happen next time?

They might get a hold of my four-digit house number. They might even get my five-digit zip code, or worse yet, they might use sorcery and get my nine-digit zip code, with the extra four digits that I don’t even know.

And what if I have something shipped from them? They might gain complete access to my twenty-two-digit tracking number. The horror.

If I feel like I can muster enough nerve to brave the terrifying BCF long enough to collect my just reward, I’ll need to sign and return my “Election of Class Award” form, stating under penalty of perjury that I actually made the transaction, and the phone number I gave those jackals belongs to me.

Hmm... It’s within the realm of possibility that I went to Burlington Coat Factory at some point in the last five years, although I don’t remember it. But seriously, sometimes I don’t remember what I had for breakfast by the time I eat lunch.

The phone number on the other hand... I have never seen this phone number in my entire life. And I don’t go around making up fake phone numbers. My wife did that the first time we met, and I certainly didn’t appreciate it.

And the class action notice was sent to an address that I haven’t lived at in seven years, so why did they have that as my address from five or fewer years ago?

Something stinks...

Unfortunately, this is not the first class action lawsuit I’ve been Shanghaied into. There was the time I owned a Toyota at some point during a ten-year period, and as a result was sent a check for $16.27 to compensate me for the carmaker’s wrongdoing of some kind.

Or the time I got a check in the mail for $0.51 from a soda company lawsuit, because I may or may not have bought soda at one point in my life, and the soda company was blamed for that in some way.

There have been others, and I never cashed any of the checks, and I’m not about to make the nice folks over at Burlington Coat Factory “pay” for something I don’t care about and they probably didn’t do anyway. They sell clothes. I’m just fine with that and don’t feel they need to be punished in any way for doing so.

What I want to know is can I start a class action lawsuit against class action lawyers, for illegally collecting, storing, and using my personal data - or it seems in this case, simply making it up - to force good businesses to pay for the opportunity to send me pennies while the lawyers themselves reap billions and billions of dollars from them, fundamentally driving up the price of every good and service in the United States of America?

Probably not.

It’s nice to have a dream, though.

See you soon,

-Smidge


Copyright © 2015 Marc Schmatjen


Check out The Smidge Page on Facebook. We like you, now like us back!

Also visit Marc’s Amazon.com Author Page  for all his books. Enjoy!

Wednesday, September 9, 2015

Juror Number Seventeen

I sit in the quiet room, filling out my questionnaire. It is a quiet room of despair, filled with rows and rows of comfy leather chairs, arranged like a movie theater, facing two flat-screen TVs.

There are a lot of us in the room, and we are all sitting the required one seat apart from each other to maintain a somewhat social comfort level. As comfortable as you can be while awaiting your doom.

The tension in the silent air is palpable. There is a faint ray of hope every once in a while, as the thought comes over you, “Maybe I'll be excused and get to leave soon and not have to come back.” Then the cold reality of the situation squashes that dream. No, you will be here all day, and you will have to come back forever. Someone will replace you at your job and you will never see your children again.

The jury notice said to arrive by 8:30 A.M. People are still showing up at 8:40. New rule: People showing up late should have to be on the jury. Anyone who was early should be dismissed. I will talk to the judge about the idea. He or she should probably go for it, since it makes good sense.

We have done nothing other than fill out our jury questionnaires in the foreboding silence. At 8:50, the woman who checked us in at the front desk comes in and tells us we have a ten-minute recess. Recess from what? We haven't done anything yet. So, you tell us to be here at 8:30 and then we don't start until 9:00? I have a bad feeling you do that to make sure all the late people get here. Further good evidence why my "late people are the jury" rule should immediately be put into effect.

A guy’s phone rings. He silences it without answering. No one will break the silence of despair.

There are signs up at the front of the room warning us to beware of jury duty scams. What the hell could a jury duty scam be? I must read the sign, but I will not get up from my seat of despair and break the utter stillness in the room.

Suddenly, a motivational video springs to life on the flat-screen TVs. A former juror tells us it will be great and we'll learn a lot. We learn that California is the greatest state in the union, but sometimes we have issues. Many times, we don't trust only one person to impart justice. That's where I come in.

There is some mention of the Declaration of Independence and the Constitution. Former jurors tell us that we, as Americans, don't want professional jurors, and that regular people like us serve on juries every day. Another former juror tells us that common sense, an open mind, and impartiality is all it takes. She also tells us that when she was on a jury, she brought a book, so it wasn't bad when she had to wait around a lot. Also, the people in the courtroom will tell us what to do, so we don't already have to know anything about how the courts work. That’s a relief.

We learn that the attorneys may ask us about our personal thoughts, and it's nothing personal if a lawyer doesn't pick you, so we shouldn’t be sad. OK, I’ll try to remember that. We learn the shocking reality that if we’re picked for the jury we’re not allowed to investigate the crime ourselves, so we can't go to the scene and check it out on our own. Bummer.

In a moving reenactment of a real-life court scene, the witness on the stand reported seeing a blue flash at the moment of impact. We are left wondering what in the hell that was all about. A former juror then tells us that they thought the deliberation with twelve perfect strangers was the best part. They probably didn’t get out of the house much before the trial.

There is a crescendo moment in the video where “The decision of the jury has been made. Justice has been served!” Duh da duh daaaa.

We then learn that jury service is often a deep and moving experience, and many jurors stay in touch after the trial! One man felt good about himself afterward. He had brought common sense to the table, and he felt great about that.

The parting shot of the video is a fade away on the blindfolded, scale-holding “Lady Justice” statue. She is showing some boob. That seems unnecessary.

Surprisingly, no one applauds. The video ends, and we all just stay put, easily slipping back to our original quiet despair. No one seems more pumped to be on a jury now. I don't think the video worked like they wanted it to.

An older lady on the other side of the room begins wheezing to break the silence. A nice lady asks if she needs help. She seems to have asthma of some kind and she has forgotten to bring her inhaler. One lady goes out to tell the clerk, and another lady offers her an albuterol inhaler from her purse. She refuses it politely, claiming she uses "the round one" instead of that kind.

Now Asthma Lady gets to leave the room. I smell a rat. Dammit. Why didn't I think of that? Maybe I'll fake a heart attack. No. They’ll probably hook me up to a portable defibrillator. If I don’t die from that, they'll probably just make me come back next week. Never mind.

Some lady with a badge comes in and collects Asthma Lady's stuff for her. She's not coming back. I wish I had asthma.

I do a rough headcount while trying not to look like a stalker. I would say there are about 65 of us in this room. So, my rough odds of getting on a jury are 12/65ths. That's not that bad. I'd even go so far as to say those odds are good. A glimmer of hope cracks through the cloud of despair.

A lady comes in and makes us swear that we would do everything fairly, or something. I’m not really listening, but I say I do. I'm sure I do.

Then the lady reads a clipboard and calls me by name. So much for those good odds. I am the second to last of the first eighteen prospective jurors. Lucky me. I am now being referred to as “Juror Number Seventeen.” Cloud of despair: 1. Glimmer of hope: 0.

We exit the room and there is Asthma Lady sitting comfortably in a chair, not wheezing anymore. I hate her.

We enter the courtroom and I am now sitting in a row of chairs out in front of the regular jury box. I want to try to trip the defense attorney if I get a chance. I probably swore not to do stuff like that earlier, though, so I won't.

The judge explains to us that it is a privilege and an honor to serve on a jury, and if we try to get out of jury duty we are un-American and we're disrespecting all the veterans who have served and died for us. He may be right, but I still need to pick my kids up from school.

The judge really enjoys hearing himself talk. We have done five minutes of actual business in the last hour. My butt is falling asleep.

We meet the defendant. He smoked pot and drove his car, and he's pleading not guilty to DUI for some reason. Apparently his parents have more money than common sense. This little idiot is going down.

The judge goes through our questionnaires one by one. He chats with each of us as if he doesn’t have a care in the world. He loves being here. He is the only one.

The judge likes the fact that I'm an author. I don't think I can leverage that in any way to help me here. Oh, well. Maybe he'll buy some of my books.

We break for lunch. We need to be back in an hour and a half. That seems efficient.

After our relaxed lunch, the defense attorney asks us ridiculous questions about how we feel about marijuana. He wants to know if we think we can put aside our opinions and judge whether someone can have it in their system and not be "under the influence." He doesn’t like my answer to his idiotic question. He also has annoying shoes. I might try to trip him if he gets close enough.

Now he wants to know if the testimony of a police officer would carry more weight with us than the testimony of a civilian. He doesn’t like my answer again.

Potential Juror Number Four, Mr. Anderson behind me, won’t stop interrupting everyone to ask inane questions that pertain to absolutely nothing. He is also an idiot.

The defense attorney with the ridiculous shoes wants to know how I feel about “medical marijuana.” I tell him it’s one elephant shy of being a full-blown circus. He doesn’t like that answer either.

The prosecutor seems to like all my answers. Mr. Anderson interrupts him with stupid questions also.

Questions are over. The lawyers confer with the talkative judge. We have been here for six and a half hours. I hate Asthma Lady even more now.

The defense would like to ask the court to thank and excuse Potential Juror Number Eight. The former mayor of a small town near here leaves the courtroom with a smile on her face.

The prosecution would like to ask the court to thank and excuse Potential Juror Number Four. Goodbye, Mr. Anderson. I take it all back. You are obviously a genius.

The defense would like to ask the court to thank and excuse Potential Juror Number Seventeen. That’s a good call, Silly Shoes. I would’ve canned his little stoner ass.

In terms of sheer euphoric joy washing over you, being excused from jury duty and walking out of the courtroom is probably rivaled only by heroin. Or maybe really good weed... Hang on, I'll go back in and ask the defendant.

See you soon,

-Smidge


Copyright © 2015 Marc Schmatjen


Check out The Smidge Page on Facebook. We like you, now like us back!

Also visit Marc’s Amazon.com Author Page  for all his books. Enjoy!

Wednesday, February 11, 2015

The Hospital Agreement

I drove a good friend of mine to the hospital yesterday for a minor medical procedure that required me to hang around and drive him home. (For those of you under thirty, "minor medical procedures" for us over-forty crowd can be anything from a hernia to a heart bypass.) I will spare you the details, but my friend was having a procedure that involves sticking scopes and tools up an opening that is normally devoted to one-way operations. You don't want to know any more, and neither do I.

When we arrived, the admittance nurse had him sign a Hospital Conditions of Admission form, and then she very thoughtfully told him to give me his wallet. I guess we know who’s buying me lunch! After he had been whisked through the big swinging double doors, I sat down and assessed my cash situation in his wallet. Not bad. Then I actually read the form he had just signed.


1. Consent to Medical Care
The undersigned hereby consents to the procedures that may be performed during this hospitalization, including emergency services, which may include but are not limited to laboratory procedures, X-ray examinations, nursing care, medical or surgical treatment or procedures, anesthesia, or other hospital services rendered under the general and special instructions of my physicians.


This first one seems a little silly. We wouldn’t have driven here if he didn’t consent to medical care. And I would hope that the procedures performed here today include medical and nursing care. This is a hospital, after all. We didn't come here to get the oil changed in his car. (At least, not literally.) I think for his sake he is really hoping today's procedures involve the anesthesia you mentioned, also.


2. Educational Consent
The hospital is an educational facility participating in the training of physicians, medical students, student nurses, and other health care personnel, and they may participate in the patient's care to the extent deemed appropriate by the Medical Staff or hospital personnel.


Whoa, whoa, whoa! I understand that people need to learn their jobs, but why does this say "Medical Staff" and "hospital personnel," and not "doctors." If Skippy the freshman med student is going to be operating any tools near or in me, it damn-well better have been a doctor that OK'd it, and not just "hospital personnel." It’s not OK for Janet in human resources to send Skippy down the hall to the O.R. to practice whatever he wants.


3. Personal Valuables
It is understood and agreed that the hospital maintains a fireproof safe for the safekeeping of money and valuables, and the hospital staff shall not be liable for the loss or damage to any money, jewelry, glasses, dentures, documents, furs, or other articles of unusual value and small size unless placed in the safe.


So unless I put my dentures and fur coats in the safe, you guys are just washing your hands of the whole thing, huh? And I'm not sure I fully understand your lawyerish here with "other articles of unusual value and small size..." So if I have something that is crazy-expensive and really big, like my life-size cashmere inflatable elephant, or something small that is expensive but of standard price, such as a diamond-encrusted Rolex with Brazilian platypus-leather band that I bought at market value, you're saying you ARE liable for that?


4. Discharge Agreement
Hospital Discharge Hour is 11 A.M. In order to permit the hospital to properly prepare the bed and room for another patient, the undersigned agrees that the patient will vacate the room by the Discharge Hour.


Did your lawyer used to work for Marriott or Hilton? I didn't realize hospitals had check-out times. I always assumed they just told you to leave whenever you were better. What if 11 A.M. rolls around and he’s not out of the O.R. yet? What if they don’t finish until 2 P.M.? Can we get an extended checkout, or will he be charged for another night’s stay? What about the complimentary continental breakfast? More importantly, is there a minibar?


5. Consent to Photos
I consent to the taking of photographs, videotapes, digital or other images of my medical or surgical condition or treatment, and the use of images, for purposes of my diagnosis or treatment or for the hospital's operations, including peer review and education or training programs.


Yeah, right... "peer review." Don't you mean, “the surgeon's Instagram account?” And you can't fool me with "education and training." Let's call it what it really is: The surgery blooper reel at the hospital Christmas party. All I can say is, I'd better not see anything end up on the hospital's Facebook page.


6. Consent to Telehealth
I consent to the use of telehealth for the delivery of health care services. Telehealth includes telemedicine, and involves the use of audio, video, or other electronic communications to interact with you, consult with health care providers, and/or review your medical information for the purposes of diagnosis, therapy, follow-up, and/or education.


Was this written in 1952? Are you planning on interfacing with me via telex or possibly that new-fangled invention, the fax machine? Will you send my diagnosis and/or therapy over the telegraph wires? Should I head down to the Western Union office when I'm discharged and await your electrical correspondence? I'm thinking here in 2015 we can probably update number six to read: “We will email you.”


I stopped reading after that, because my brain was starting to ache. Items seven through ten could have included a release to sell his vital organs on the black market, or an agreement to be liable for the surgeon's ex-wife's Visa bill. I just didn't care anymore.

There are probably a number of good reasons why signing that document might not be advisable, but his biggest mistake of the day, by far, was handing me his wallet. That steak and lobster combo I had for lunch was phenomenal. I hope they gave him enough anesthesia for me to drop him off at home before he thinks to check his wallet.

See you soon,

-Smidge


Copyright © 2015 Marc Schmatjen


Check out The Smidge Page on Facebook. We like you, now like us back!

Also visit Marc’s Amazon.com Author Page  for all his books. Enjoy!

Wednesday, February 22, 2012

Edible Stroller Recall


After we had our second child, Son Number Two, as we lovingly refer to him, my wife caught me at an extreme moment of weakness and convinced me to buy a stroller. Not just any run-of-the-mill stroller, mind you, but the Cadillac of strollers. Dare I say, the Ferrari of strollers. The B.O.B.

Those of you without young kids are probably saying to yourselves, “What the heck is a B.O.B.?” That’s what I asked when my wife said she wanted one. (It turns out, the original name for the stroller was Beast of Burden, but it was shortened to B.O.B.) When my wife told me how much they cost, I politely told her that it would be a cold day in Hades before I ever spent that much on a stroller. She then started spouting statistics about the B.O.B. resale values. I laughed and said I would rather spend the extra $20 and buy a mid-sized car for the boys. She then began telling me how unbelievably agile they were. I told her that gazelles were agile, too, and it would cost less to have a live one trapped and shipped to our house from Africa on a chartered plane. We could put a leash and a saddle on it, and the boys could just ride it instead.

Then, apparently she drugged me, or hypnotized me, or something, because the next thing I knew I was at REI test-rolling a B.O.B. Revolution Duallie, and saying, “Man, this thing is easy to push and can turn on a dime! And I love the shocks. Plus, the front wheel locks, so I could take the kids jogging. Wow, this is a nice stroller! It’s like the baby-buggy equivalent of a Jeep or a Hummer! This thing could fit three kids in it. Tell me more about the resale values again, honey.” Ten minutes later we owned a B.O.B.

What can I say? They really are pretty awesome, as far as strollers go.

Anyway, I told you that story so I could tell you this one. We used the bejeezus out of that stroller over the next five years or so. I would have almost gone as far as to say we got our money’s worth out of it, but that’s hard to do with a stroller that costs as much as a home mortgage payment. However, when Son Number Three was no longer in need of too much parental mobility assistance, my wife sold our B.O.B. to a nice couple in town for a surprising amount of money. Turns out she was telling the truth about the whole resale value aspect of the B.O.B. phenomenon, and after I wrestled the stack of cash away from her, and bandaged the bite marks on my hand, I felt a lot better about the purchase five years earlier. We really did get our money’s worth!

Anyway, I told you that story so I could tell you this one. Somewhere along the way, the B.O.B. stroller people got our name and address, because I received a safety recall notice in the mail recently. Since we no longer own the stroller, normally I would have passed that information on to the new owners, but since the entire sale was brokered on Craig’s List and transacted in the parking lot at the mall with cash, I have absolutely no record of who we sold it to. Normally, I would be concerned that the new owners should really be alerted to a potential safety issue with something like this, but after reading the Safety Recall Notice, I am not very worried.

“Our records indicate that you may have purchased a BOB Stroller that may present a potential safety hazard. The stroller canopy’s embroidered logo’s backing patch can detach, posing a choking hazard to babies and young children and must be removed to safely use the stroller. BOB is recalling this product in cooperation with the Consumer Product Safety Commission (CSPC) and Health Canada.”

I looked at the recall repair instruction sheet included with the letter, and the logo’s backing patch is a soft piece of fabric about the size of man’s thumb. Holy cow, that is dangerous! Since sitting in a stroller is the only place on earth where small children would ever encounter a rogue piece of fabric, I can obviously see the CSPC’s concern on the matter. If a small child ever took enough time off from trying to eat their own shirt, or their stuffed animal’s arm, they might be tempted to swallow an embroidery backing patch. Oh, the horror!

I read the recall notice and was immediately disgusted with lawyers, yet again. Not insomuch for the ridiculousness of the recall itself, but for their sheer lack of initiative. A group of lawyers decided to spend their time and energy to target the B.O.B. stroller company on a ridiculous waste of everyone’s time and money, yet they were so pathetic and small-minded, the best they could come up with was an embroidery backing patch? Have they ever even seen a B.O.B. stroller? I mean, come on! This is one serious piece of hardware, folks.

It has over-center cam-locking latches to hold all three wheels on. A kid could crush his or her finger in those latches, if an adult were present to help them close them tight enough. It has sprocket-toothed gears on both rear wheel hubs that mesh with a spring-tensioned emergency brake bar that you flip down with your foot. If your child was lying under the stroller when you flipped the brake bar down, the spring tension alone would be enough to knock them out cold. And don’t even get me started on what might happen if the kid was riding in the underside cargo compartment while the stroller was moving and they reached out and grabbed one of the wheel hub gears or got their hand or arm between two of the five-point molded plastic wheel spokes. Emergency room, here we come. Then there’s the ever-present danger of over-inflated pneumatic tire explosions and their resulting debris cloud and associated hearing loss issues. Also, there is a pull cord on the back of the stroller, and when pulled hard enough, two latches let go, and the entire stroller folds in half for storage or travel. Did anyone think what might happen if a parent folded their child up in the stroller on accident? Hello internal injuries and claustrophobia! Plus, the entire stroller is just plain heavy. I’ll bet our Duallie model weighed a good 35 or 40 pounds. Talk about dangerous. Add a kid or two, and you’ve got a 120-pound rolling menace on your hands. What if you hit another kid with it, or your kid jumps out and gets run over?

All I’m saying here, lawyers, is apply yourselves a little more. I mean, if you’re really going to try and keep us all safe, let’s concentrate on the steak and not the peas!

I have a feeling if the Consumer Product Safety Commission really had their way, the embroidery backing patch on the shade canopy would probably be the only thing on the entire stroller that the good folks at B.O.B. would actually be allowed to sell. 

See you soon,

-Smidge


Copyright © 2012 Marc Schmatjen


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