Wheels Blog: The Rich Drive Differently, a Study Suggests

A Vulnerable Age: Pension Loans Drive Retirees Into More Debt

But these offers, known as pension advances, are having devastating financial consequences for a growing number of older Americans, threatening their retirement savings and plunging them further into debt. The advances, federal and state authorities say, are not advances at all, but carefully disguised loans that require borrowers to sign over all or part of their monthly pension checks. They carry interest rates that are often many times higher than those on credit cards.

In lean economic times, people with public pensions — military veterans, teachers, firefighters, police officers and others — are being courted particularly aggressively by pension-advance companies, which operate largely outside of state and federal banking regulations, but are now drawing scrutiny from Congress and the Consumer Financial Protection Bureau.

The pitches come mostly via the Web or ads in local circulars.

“Convert your pension into CASH,” LumpSum Pension Advance, of Irvine, Calif., says on its Web site. “Banks are hiding,” says Pension Funding L.L.C., of Huntington Beach, Calif., on its Web site, signaling the paucity of credit. “But you do have your pension benefits.”

Another ad on that Web site is directed at military veterans: “You’ve put your life on the line for Americans to protect our way of life. You deserve to do something important for yourself.”

A review by The New York Times of more than two dozen contracts for pension-based loans found that after factoring in various fees, the effective interest rates ranged from 27 percent to 106 percent — information not disclosed in the ads or in the contracts themselves. Furthermore, to qualify for one of the loans, borrowers are sometimes required to take out a life insurance policy that names the lender as the sole beneficiary.

LumpSum Pension Advance and Pension Funding did not return calls and e-mails for comment.

While it is difficult to say precisely how many financially struggling people have taken out pension loans, legal aid offices in Arizona, California, Florida and New York say they have recently encountered a surge in complaints from retirees who have run into trouble with the loans.

Ronald E. Govan, a Marine Corps veteran in Snellville, Ga., paid an interest rate of more than 36 percent on a pension-based loan. He said he was enraged that veterans were being targeted by the firm, Pensions, Annuities & Settlements, which did not return calls for comment.

“I served for this country,” said Mr. Govan, a Vietnam veteran, “and this is what I get in return.”

The allure of borrowing against pensions underscores an abrupt reversal in the financial fortunes of many retirees in recent years, as well as the efforts by a number of financial firms, including payday lenders and debt collectors, to market directly to them.

The pension-advance firms geared up before the financial crisis to woo a vast and wealthy generation of Americans heading for retirement. Before the housing bust and recession forced many people to defer retirement and to run up debt, lenders marketed the pension-based loan largely to military members as a risk-free option for older Americans looking to take a dream vacation or even buy a yacht. “Splurge,” one advertisement in 2004 suggested.

Now, pension-advance firms are repositioning themselves to appeal to people in and out of the military who need cash to cover basic living expenses, according to interviews with borrowers, lawyers, regulators and advocates for the elderly.

“The cost of these pension transactions can be astronomically high,” said Stuart Rossman, a lawyer with the National Consumer Law Center, an advocacy group that works on issues of economic justice for low-income people.

“But there is profit to be made on older Americans’ financial pain.”

Mobile Apps Drive Rapid Changes in Search Technology

Google has repeatedly made the argument — and the commission agreed — that the speed of change in the technology industry made it impossible for regulators to impose restrictions without stalling future innovations.

Exhibit A is the mobile device. Nowhere has technology changed as rapidly and consumer behavior as broadly. As people abandon desktop computers for mobile ones, existing tech companies’ business models are being upended and new companies are blooming.

“Mobile is very much a moving target,” said Herbert Hovenkamp, a professor of antitrust law at the University of Iowa who has been a paid adviser to Google. “This is a market in which new competitors come in a week’s time.”

When the commission began its investigation 19 months ago, for instance, the iPhone did not have the Siri voice search, Apple did not have its own mapping service and Yelp’s mobile apps had no ads. By the time the inquiry concluded, all of that had changed. Google had new competitors on all sides trying to chip away at its hold on the mobile search and advertising market.

Still, Google is even more dominant on mobile phones than on desktop computers. It has 96 percent of the world’s mobile search market, according to StatCounter, which tracks Web use. It collects 57 percent of mobile ad revenue in the United States, while Facebook, its nearest competitor, gets just 9 percent, according to eMarketer.

But, analysts say, as people change their search habits on mobile devices — bypassing Google to go straight to apps like Yelp’s, for example — that dominance could wane, or a competitor could swoop in and knock Google off its perch.

“It’s important to recognize that many mobile apps are really vertical search engines,” said Rebecca Lieb, a digital media analyst at the Altimeter Group. “It is impossible to really say anyone dominates a section of mobile in a secure way right now.”

On cellphones or tablets, for instance, people increasingly skip Google altogether in favor of apps like Flixster for movie times or Kayak for flights.

Apple is taking on mobile search with Siri on the iPhone, which can answer questions about the weather or search for nearby restaurants. With its new mapping service, Apple has also entered local search.

On Friday, Blekko, a search start-up, introduced an app called Izik for Apple and Android devices. It tries to make searching more tablet-friendly by showing images instead of just links, and making it easier to swipe through many pages of results with a finger.

On mobile devices, said Rich Skrenta, chief executive of Blekko, “the user experience is so different that we think it opens things up. On your desktop, if it doesn’t look like Google, you think that’s not a search engine. On a tablet, it’s just vastly different.”

Jon Leibowitz, chairman of the F.T.C., said at a news conference Thursday that the speed of change in the tech industry meant that “you want to be careful before you apply sanctions.”

The commission also considered Google’s partnerships with cellphone makers like Samsung and HTC that license Google search on phones, so that a search box shows up on the home screen. In the end it decided not to take action against Google.

Some Google critics said that even though the competitive landscape is different on mobile devices, it should not have influenced the government’s analysis of Google’s behavior on the desktop Web.

“There’s no doubt that mobile applications, including Yelp’s, give consumers the ability to bypass the major search engines and go directly to the best provider of the service they’re looking for,” said Vince Sollitto, vice president for government relations at Yelp. Still, he added, “I don’t see how that impacts how someone is acting anticompetitively on the desktop.”

(One of Google’s concessions to the federal agency, that it would allow other Web companies to ask Google not to show their content in its own vertical search products — a chief complaint of Yelp’s — applies to mobile as well.)

But others said antitrust enforcement in the 21st century needs to be more agile.

Nick Wingfield contributed reporting from Seattle.

New Sbarro Pizza Recipe to Drive Chain’s Turnaround Plans

Executives at Sbarro, the chain ubiquitous at shopping malls and airports, are hoping to elevate their restaurants in consumers’ minds with a better quality of pizza.

Aided by some technological changes, the company will return to making tomato sauce fresh and shredding cheese in each restaurant, instead of using prepackaged ingredients. The reformulated pizza is intended to help transform Sbarro into a “fast casual” restaurant chain like Panera Bread and Qdoba, said James J. Greco, who became chief executive at the beginning of the year.

Such restaurants offer customers better food quality and specialization without full table service, thus falling somewhere between fast food, or what the industry calls quick service, and casual dining restaurants. Customers often can select the ingredients for, say, a basic item like a pizza or a sandwich, which is made in a few minutes and handed over a counter for a meal costing $8 to $15.

Several pizza chains that have emphasized quick service are making the transition to the fast-casual category, said Darren Tristano, executive vice president of Technomic, an industry consulting firm. Pizza Inn, which has 300 restaurants, recently started Pie Five Pizza, a fast-casual chain that bakes nine-inch pizzas “designed” by customers in five minutes. Naked Pizza of New Orleans and 800 Degree Pizza out of Los Angeles are other examples.

“Sbarro fits into the quick service category because of its price point and service format, where nothing is made to order,” Mr. Tristano said. “In malls and food courts, they’ve struggled during the recession, and in their stores in urban and suburban locations, they’re really up against much larger chains in the delivery space.”

A 56-year-old pizza chain founded in Bensonhurst, Brooklyn, Sbarro staggered into bankruptcy in April 2011 with more than $400 million of debt. Its sales, like those of many other restaurants, had slid during the recession as customers ate out less and prices rose for commodities like flour. It exited bankruptcy eight months later, after shedding 28 stores and securing a $35 million line of credit.

Now Apollo Global Management and more than two dozen other investors are banking on Mr. Greco to achieve the same kind of turnaround at Sbarro that he did in his last post, at Bruegger’s, the bagel chain. A private company, Sbarro said it had $650 million in worldwide sales in 2011, $420 million of which was in the United States.

“We have to change people’s perception of us,” Mr. Greco said over one of the company’s new cheese pizzas at its store north of Times Square. “We feel there’s no better way to do that than to get this pizza into as many mouths as possible as fast as we can.”

Thus, two vintage trucks are beginning a national tour, starting in New York and Los Angeles and working their way around the country, handing out free slices.

Mr. Greco faced a similar challenge at Bruegger’s, one of the many bagel chains that thrived during the bagel enthusiasm of the 1980s but suffered when consumer preferences changed. He added soups, wraps, salads and sandwiches to that menu and, while the stores still sell bagels, it is a place to have a light lunch today.

Bruegger’s was sold in 2011 to Groupe Le Duff, a French restaurant company that also owns Brioche Dorée, earning a hefty return for Sun Capital, the private equity firm that had hired Mr. Greco to fix it.

“He grew the brand and shifted it into a fast-casual place,” Mr. Tristano said. “He did a nice job of moving it more to a cafe.”

Since June, Sbarro has been testing a fast-casual format at 10 locations across the country. The updated restaurants offer pastas made to order in front of customers in 45 seconds in sauté pans on induction stovetops or in fast boilers sunk into countertops.

But the test has shown that pizza still drives Sbarro’s sales. Pizza accounted for almost half of sales in the test sites, according to Nation’s Restaurant News, while pasta generated just 6 percent.

For advice, Mr. Greco turned to a local pizza restaurant in New Haven, where he lives — though he would not divulge the name of the shop or its owner. The goal was to come up with a basic, Neapolitan-style pizza that could stand up to the local pizza wherever there is a Sbarro store. “Why can’t we do that?” Mr. Greco asked.

Along with changing ingredients, the chain is adding open-flame ovens to increase the “theater” of the experience as well as cut the time it takes to cook a pizza and reheat a slice.

To ensure consistency, the company long ago began making its tomato sauce and shredding its cheese in central locations and shipping it to restaurants.

Every pizza was the same — but every pizza did not taste as good as it could, said Anthony J. Missano, president of business development at Sbarro.

The company is now shipping whole peeled San Marzano tomatoes, which are put through a food mill as needed and made into a sauce with minimal ingredients at the restaurants.

Cheese is shipped in blocks and shredded on site as well. “People are much smarter about what they’re eating,” Mr. Missano said. “They have higher expectations of what they’re going to get when they go to a restaurant, and we’re going to give it to them with this new pizza.”

The next step in Sbarro’s turnaround will be to adjust its real estate mix. The company has about 1,000 stores, about 420 of which it owns; the rest are franchised. Four-fifths of them are in mall and airport food courts, where rents are high and it is easy for customers to move to a different counter.

Mr. Greco’s plan is to open new stores on street fronts, where the company has about 70 restaurants.

“It’s as if we are doing a jigsaw puzzle,” he said. “You dump out all the pieces on the table, sort through them and look at the picture on the box — except that instead of putting the pieces back together to form the picture, you have to make a new picture out of them.”

Shopping Sites Pay Contributors Who Drive Traffic to Retailers

Ms. Medeiros is not a style pro; her day job is at a talent agency in Manhattan. But in a little-known practice, social media shopping sites are offering payments to shoppers who post product links that drive Web traffic and sales to retailers.

In the case of Ms. Medeiros, it is the sneakers and lipstick she added to Pinterest and the night life collection she posted on the shopping site Beso.

Favorable mentions on blogs have been for sale for years. Product reviews can also be bought. Now social media sites are taking citizen marketing to a new extreme, turning anyone’s Twitter message, Facebook post, Pinterest image or e-mail into a possible paid promotion.

The shopping sites are open about the moneymaking mechanics and argue that readers no longer expect everything online to be commercial-free. But the Federal Trade Commission says the practice blurs the line between a recommendation and a paid endorsement and needs to be flagged to readers.

“It’s turning word of mouth into a revenue opportunity,” said Mary Engle, who directs the commission’s division of advertising practices. “Since they’re getting compensated, in a sense, for their endorsement, then they should disclose that.”

Social media shopping sites let users select items from across the Web and share and comment on other users’ selections. They don’t sell anything themselves but make money by taking a cut from retailers on their sites.

Beso formally introduced a program on Tuesday that Ms. Medeiros has been trying, which pays users to send clicks to hundreds of major retailers, like Target and Gap.

“If they drop a link onto Twitter about a pair of shoes that they’re dying for, or a new handbag they’re coveting, and they refer users to Neiman’s or whoever sells that item,” said David Weinrot, the chief marketing officer for Shopzilla, the parent company of Beso, “they could actually be rewarded.”

Other large social shopping sites and apps, including the Fancy and Pose, recently introduced similar programs, and Referly, a site introduced in May, is entirely based on people referring products to friends and receiving money in return. Referly says 10,000 people have already signed up. The programs are too new to evaluate their financial success, but Web marketers say consumers should expect more similar programs, in part because visitors are no longer offended by the idea.

“The economic maturity of consumers is, businesses need to make money somehow if they’re going to survive — it’s so ubiquitous now that it’s expected,” said Alicia Navarro, co-founder and chief executive of Skimlinks, which automates referral links for publishers.

The sites determine who gets paid through unique links created for each participant. When someone uses a link to visit a retailer’s site, or buys a product, a payment is deposited into the referring user’s account. The practice is known as affiliate marketing. Bloggers already use the system and almost all major online retailers are willing to pay for traffic or purchases, Ms. Navarro said.

Links can be tracked no matter where a post occurs, meaning a Twitter message, a photo on Pinterest or a Facebook entry can all generate revenue. The social media shopping sites act as a middle man, collecting fees from the retailers and depositing payments into the users’ online accounts — after taking a cut. (Sometimes, sites cut out consumers, too. Earlier this year, Pinterest got into hot water when it quietly adjusted some users’ links to become affiliate-marketing links, and seemed to be collecting all the revenue for itself. It says it has ceased using affiliate links and declined to comment on whether it would offer users fees from such links in the future.)

Beso pays users an average of 14 cents for each click they send to participating retailers, while other companies, like Pose, pay only when a purchase is associated with a link. Payments for purchases average about 5 percent of the price, Ms. Navarro said. The sites and the retailers monitor for spamlike behavior, like tons of clicks from a single I.P. address, and do not pay in those cases.

Lynsey Eaton, a Pose user who runs the blog Law of Fashion, said switching to the paid model for Pose images had made her more likely to post Pose links, and had made the service more useful. “Instead of just making it an Instagram for fashion, it’s now shoppable as well,” she said.

The Federal Trade Commission issued guidelines in 2009 saying bloggers must disclose any paid endorsements, and recently updated them. The guidelines apply to these commission-based links, Ms. Engle of the commission’s advertising division said, whether they are in a post or a 140-character Twitter post. “They can use a hashtag and then ‘ad,’ and that’s only three characters,” Ms. Engle said.

But there is some disagreement about whether a Twitter post should be treated like a blogger’s recommendation and about the changing expectations of financial disclosure on the Web.

Linda Goldstein, a lawyer specializing in advertising, said when the F.T.C. issued its blogger guidelines, “consumers were much less sophisticated” than they are today. “Consumers are now being used to generate leads — I don’t know if that raises the same concerns as an endorsement,” said Ms. Goldstein of Manatt, Phelps & Phillips. “You’re not expressing an opinion about the product, you’re sending it to someone you think might be interested.”

Twitter and Facebook policies allow individuals to post referral-based links, but both companies say users should disclose that they are getting paid.

So far, the social media companies and their users seem to be largely unaware of how the guidelines apply to them.

Dustin Rosen, chief executive of Pose, said he was not clear on whether the guidelines would apply. Beso says its users should add hashtags like #spon, for sponsored, or #paid to links, but stops short of requiring it. Ms. Eaton, the Pose user, says she follows disclosure guidelines on her blog but has not yet done so on Pose. “I think this is so new that I haven’t really honestly thought about how users perceive the fact that people are making money,” she said.

Ms. Medeiros, who signed up for the Beso pilot program about a month ago, says she doubts that her friends will mind that she makes money from her links.

“It’s extra cash for something that I like doing,” she said. “It’s sort of rewarding to be able to make a few cents from sharing your personal life.”

This article has been revised to reflect the following correction:

Correction: October 2, 2012

An earlier version of a picture caption with this article misstated the name of a social media shopping site that is offering payments to users who drive Web traffic to some retailers. It is Beso, not Bezos.