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Business - TIME
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TIME Companies

American Apparel Fires Dov Charney, Names New CEO

Dov Charney, former CEO of American Apparel.
Dov Charney, former CEO of American Apparel. Bloomberg—Bloomberg via Getty Images

American Apparel has fired CEO Dov Charney six months after suspending him for alleged misconduct.

The clothing retailer said on Tuesday that it had appointed Paula Schneider, a veteran fashion executive, as his replacement. Schneider has previously worked at clothing group Warnaco and women’s apparel company Big Strike, will take the reins of the struggling clothing retailer on January 5, 2015.

American Apparel says it has terminated Charney, who was removed from the CEO role in June after the company alleged he had misused corporate money and violation of sexual harassment policies. Over the years, Charney has faced repeated accusations of sexually harassing employees and of discriminating against less attractive staff on the grounds that they undermined the corporate aesthetic.

Charney had been serving as a consultant to the company in recent months, but American Apparel said on Tuesday that he has been terminated for cause.

Charney, who founded American Apparel 25 years ago, was initially replaced by interim CEO John Luttrell, who also served as the company’s chief financial officer. But, Luttrell was removed from both roles in September, when turnaround expert Scott Brubaker of restructuring firm Alvarez & Marsal took over as the new interim CEO. Brubaker will continue in that role until Schneider takes over in early January.

David Danziger, co-chairman of American Apparel’s board, said in a statement that the retailer “needs a permanent CEO who can bring stability and strong leadership in this time of transition, and we believe Ms. Schneider fits the bill perfectly.”

Once one of the trendier, youth-focused retailers in the industry, American Apparel has seen its sales fall off in recent years. The company’s same-store sales declined 7% last quarter and it reported another net loss.

In a statement, Schneider said “My goal is to make American Apparel a better company, while staying true to its core values of quality and creativity and preserving its sweatshop-free, Made in USA manufacturing philosophy.”

This article originally appeared on Fortune.com

TIME Companies

Al Franken Blasts ‘Lack of Detail’ in Uber’s Answers to Privacy Questions

"Quite frankly, they did not answer many of the questions I posed directly to them"

Senator Al Franken expressed concern this week with the way Uber’s privacy policies remain unclear, in the wake of criticism over the company’s use of customer data.

I recently pressed Uber to explain the scope, transparency, and enforceability of their privacy policies. While I’m pleased that they replied to my letter, I am concerned about the surprising lack of detail in their response,” Franken said in a statement. The senator chairs the Subcommittee on Privacy, Technology, and the Law.

“Most importantly, it still remains unclear how Uber defines legitimate business purposes for accessing, retaining, and sharing customer data,” Franken said. “I will continue pressing for answers to these questions.”

Franken’s letter, dated Nov. 19, addressed reports that execs had planned to dig up dirt on critical journalists, and that employees had abused Uber’s “God View,” which shows the location of all of Uber’s cars, to spy on riders’ whereabouts. In the letter, Franken listed 10 specific questions, ranging from what happens to customers’ data after they delete their account, to what training is provided to ensure employees abide by company policies.

Uber’s response to Franken’s letter described how the two incidents violated company policy. In particular, Uber clarified its policies regarding “God View,” stating that it is available only to certain employees, such as those working in operations. The company also said that recent press articles have “continued to generate misperceptions about how Uber employees treat the personal data of Uber riders.”

TIME Mobile

Here’s Why You’ll Pay Less for Your Wireless Plan Next Year

T-Mobile
T-Mobile President and CEO John Legere speaks at a news conference at the 2013 International CES at The Venetian on January 8, 2013 in Las Vegas, Nevada. David Becker—Getty Images

Carriers like Verizon, ATT&T and T-Mobile are fighting a price war that could last months

This hasn’t exactly been a banner year for wireless carriers’ stocks. While the S&P 500 Index has risen 8% this year, AT&T and Verizon, which together control about 83% of the wireless market, are down 8%.

The two companies have fared especially poorly in the last month: AT&T is down 10% and Verizon is down 12%, while the S&P is down only 2%. The reason is one that may delight consumers and concern investors: A price war, in which rivals cut prices to steal market share from one another, has broken out among carriers, and it’s only likely to get more intense next year. The longer a price war endures, the more choice consumers will have, though it means financial pain for carriers.

Verizon issued a press release last week with a headline touting “strong wireless customer growth” this quarter, but contained less sunny news further down: the “impacts of its promotional offers . . . will put short-term pressure” on Verizon’s profit margins. When companies issue statements about earnings before they’re officially reported, there’s usually worrisome news tucked inside. The following day, Verizon CFO Francis Shammo offered more spin.

“What we’re seeing is a pretty exciting period here at Verizon Wireless,” he said at an investors’ conference, “where we saw an increase in the activations but we’re also seeing some increase in the churn as well.”

Churn, which measures customer attrition, is a scourge to companies that rely on subscribers because it can signify customer dissatisfaction or the impact of rivals’ lower prices. A recent survey by Consumer Reports suggests customer satisfaction is comparable among AT&T, Verizon and T-Mobile (not so much Sprint, which is having issues in upgrading its network). In previous surveys, Verizon had a clear lead and T-Mobile had lagged. That’s a sign Verizon owes its churn problem to competitors’ lower prices.

Still, Verizon’s Shammo argued that talk of a price war was overstated and that “the revenue of the industry . . . has come down slightly but not as much as everybody is making it out to be.” The market disagreed. Verizon’s stock fell 4% as Shammo made his comments. Two securities firms downgraded Verizon’s ratings, while two others lowered their price targets for the stock.

It didn’t help that at another investment conference that same day, AT&T CFO John Stephens was saying something similar in starker terms.

“The current impact — the current environment is impacting churn,” said Stephens. “In fact, we expect postpaid churn to be higher than it was in the year ago fourth quarter. This will impact fourth-quarter adjusted wireless margins.”

That’s especially good news for T-Mobile, which, under the banner of the “uncarrier,” has run promotions that remove two-year lock-ins and data caps and offer lower-price plans to steal customers away from its bigger rivals. AT&T and Verizon have responded with their own lower-priced plans, but the advantage seems to be going T-Mobile’s way.

Last week, T-Mobile CEO John Legere boasted to the Wall Street Journal that it’s taking in more customers than it’s losing, meaning it isn’t being hit by the same churn striking Verizon or AT&T. T-Mobile upped the ante yet again Tuesday with its eighth “uncarrier” promotion, which lets users roll over unused LTE data from one month into the next for free. Mobile carriers once offered similar roll-over offers for phone calls when it became clear that data networks were displacing voice calls, but until now data plans had no such perk.

None of this means T-Mobile and Sprint’s investors are necessarily any happier than those who own AT&T and Verizon stock. In fact, they’re probably less happy. T-Mobile’s stock is performing as badly as Verizon and AT&T’s this month, and year to date it’s down 26%. T-Mobile is pursuing subscriber growth and revenue with its low prices, but that strategy pushes down profits — the “uncarrier” has posted a loss for three of the last four quarters. Sprint’s stock is doing even worse: It’s down 62% so far this year.

From the looks of things, the carriers’ fierce competition may continue into 2015. This month, Sprint began offering to halve the monthly bills of AT&T and Verizon subscribers who switch to similar plans on Sprint. Not to be outdone, T-Mobile offered an unlimited data plan with two lines for $100 a month.

Verizon’s Shammo predicted the price war will pass in a matter of months. “I think that things will settle down in 2015,” he said at the UBS conference. “Some of this is just temporary promotion-type stuff to stimulate some growth . . . You can’t do that long term. You can do that for a quarter or two, but then you have to get realistic.”

There’s reason to think that may not happen. When price wars break out, investors often watch who is gaining market share and revenue. Right now, that’s T-Mobile, despite its struggling performance on Wall Street. Its CEO has taken on activist shareholders in the past and has the grit to do so again. As for Sprint, investors may come to see that fighting on price may be the best option as long as customer satisfaction remains low.

At the same time, niche carriers are beginning to win over some customers as well. In Consumer Reports’ recent ranking of carriers, the two clear winners were tiny ones: Consumer Cellular and Ting, both of which ranked high on value and network quality. Last quarter, according to Cowen & Co., smaller carriers like them made up 5.2% of the postpaid mobile market, up from 4.2% only a quarter before.

For subscribers weary of having only two comparably priced mobile carriers to choose from, price competition from smaller players is welcome, even if network quality has long been an issue. When industries go from being uncompetitive to more competitive, there is often a period of declining margins across the board as consumers are given a broader range of choices.

The current price wars are coming at a time when carriers need to bid on costly spectrum auctions and spend money upgrading their networks. That suggests a tough time ahead for wireless carriers and their investors in the short term. But if price competition becomes a long-term phenomenon, it could eventually bring big returns for whichever companies emerge as the victors.

TIME Books

Adult Books Sales Are Down and Young Adult Soars in 2014

The Fault In Our Stars
Dutton Books

Everyone loves John Green, basically

Book sales are booming, according to statistics released this week by the Association of American Publishers, which showed that in the first three-quarters of 2014, overall book sales increased by 4.9%.

But the real page-turners that flew off the shelves were for children and young adults–those categories increased by a whopping 22.4% from Jan.-Sept. 2013 to the same period in 2014, Media Bistro reports. To put things into perspective, adult fiction and non-fiction sales were down 3.3%.

But this doesn’t necessarily mean that adults stopped reading. They might just be expanding their palates to healthy servings of John Green and other YA heavy-hitters.

Adults reading YA wouldn’t be a new phenomenon. According to a 2012 survey by Bowker Market Research found that 55% of young adult novels are bought by adults — 28% of which are made up of the 33 to 44 demographic. That statistic drew some criticism aimed at YA-loving adults this summer–balanced by an overwhelming wave of pieces defending adults who love the genre.

While the AAP didn’t track who bought what books, it did note that children and young adult ebooks increased a total of 52.7% in the first nine months this year. And a December study by Nielsen found that even though teenagers are tech savvy, only $20 of them buy ebooks and express a strong preference for print.

Although no need to hide The Fault of Our Stars in that Kindle — it’s no 50 Shades of Grey, after all.

TIME Economy

#TheBrief: Why Gas Prices Are Falling

The reason you're paying less at the pump

You may have noticed a lower number on your gas station receipts. The average price of gas in the U.S. is now $2.55 per gallon, the lowest it’s been since 2009. We’re told to never question a good thing, but why are these prices falling?

Watch The Brief to find out why you’re spending less than usual at the pump.

TIME Companies

Ex-Sony Pictures Employees File Lawsuit Over Personal Info Hacking

Sony Pictures Studios in Los Angeles, Ca. on Dec. 4, 2014.
Sony Pictures Studios in Los Angeles, Ca. on Dec. 4, 2014. Frederic J. Brown—AFP/Getty Images

Two former employees claim the company didn’t do enough to protect their personal information

The ongoing fallout from last month’s cyber attack at Sony Pictures Entertainment continues this week as two former employees are suing the company after their personal information was exposed as part of the high-profile hack.

Michael Corona and Christina Mathis haven’t worked for Sony Pictures for years, but the former employees both claim that their sensitive personal information — including their names, Social Security numbers, former addresses and other info — was made public in the past month due to “security weaknesses in Sony’s Network.” That’s according to a lawsuit the two filed on Monday in California federal court in which they claim Sony Pictures failed in its legal duty to protect the personal information of current and former employees affected by the hack.

A group identifying itself as Guardians of Peace, or GOP,shut down Sony Pictures’ computer system just before Thanksgiving and have been releasing sensitive company documents on the Internet in subsequent weeks. The hackers posted documents revealing salary information and personal identifying information for thousands of the company’s employees along with other confidential financial documents and passwords for company accounts and computer systems. Over the past few weeks, the hackers have also leaked a mountain of embarrassing e-mail correspondence involving Sony executives — to the point that the company has asked the media to stop publishing excerpts from the once-private messages.

In their lawsuit, Corona and Mathis claim that their personal information was included in the documents the hackers revealed to the world, despite the fact that Corona left the company in 2007 and Mathis has not worked there for 12 years. (The complaint does not specify what the plaintiffs’ roles at Sony were, though it notes that Corona worked for Sony Pictures Entertainment while Mathis was employed by the company’s consumer products arm.) Both Corona and Mathis claim that the release of their information has forced them to spend hundreds of dollars on identity theft protection.

TIME’s Sam Frizell wrote last week about the possibility of employee lawsuits against Sony Pictures, noting that the company’s defense in such a legal action would hinge on whether the company could prove it took the appropriate steps to protect its employees’ personal data.

Monday’s lawsuit alleges that Sony Pictures failed to improve its security after what it describes as a history of data breaches. The suit refers to the 2011 hack of Sony’s PlayStation Network and calls the company “a longstanding and frequent target for hackers.” The complaint also references a recent Gizmodo report that Sony Pictures’ own corporate audit department warned the company about problems with its IT security just months before the November hack. Despite the alleged risk Sony Pictures faced, the company “made a business decision” to not step up its security, the lawsuit claims.

The plaintiffs are asking the court to certify the lawsuit as a class action, which would allow other current and former Sony Pictures employees to join the lawsuit. Corona and Mathis are seeking various damages from Sony Pictures, including at least $1,000 for each class member eventually attached to the lawsuit. They also want the company to pay for five years of credit and bank monitoring services as well as identity theft insurance for all class members.

Sony Pictures declined to comment on the lawsuit.

This article originally appeared on Fortune.com

TIME apps

These Are Instagram’s 5 New Filters

It's the first time the app has premiered a new filter in 2 years

In case your brunch wasn’t getting cold enough as you toiled over the perfect filter to properly capture your pancakes, Instagram premiered five new filters Tuesday.

The fancily named Perpetua, Ludwig, Slumber, Aden and Crema will be added to Instagram’s existing 20 options — which include the “normal” setting.

This is the first filter addition in two years.

Here’s how they look:

Slumber

Instagram

Perpetua

Instagram


Ludwig

Instagram

Crema

Instagram
Instagram
Instagram

Arden

5

Instagram also added slo-mo video, real-time commenting (to prevent the constant need to refresh your screen), new preview modes, and the ability to manage how you view your editing options.

“We know that everyone has their favorite filters,” Instagram said in a statement sent to TIME. “We want to keep things simple as we add more, so we’ve added a new ‘Manage’ button at the end of your filter tray. Tap it to re-arrange the order of your filters and hide the ones you rarely use.”

So, maybe your scrambled eggs will stay piping hot after all.

TIME Companies

Apple Just Won That $1 Billion iPod Lawsuit

Could have faced $1 billion in liability

Apple doesn’t have to pay up to $1 billion to iPod owners for the way it limited access to competing music services’ songs on the devices, a jury ruled Tuesday.

The eight-person jury in Oakland, Calif., determined that software updates to a version of iTunes released in 2006 were legitimate product improvements rather than a ploy to limit competition in the digital music market, Bloomberg reports.

Plaintiffs had argued that Apple purposefully prevented songs downloaded from other music stores from working on the iPod to boost the sale of its own products. Apple said the changes were made to boost security on the iPod and iTunes, and to meet the demands of record labels at the time.

The plaintiffs sought $350 million in damages from Apple, an amount that could have tripled to exceed $1 billion under antitrust law.

[Bloomberg]

MONEY Shopping

New Moves by 3 Tech Giants Aim to Get a Bigger Piece of Your Wallet

Apple Pay
Bryan Thomas—Getty Images

Google, Amazon, and Apple are all pushing new tools—and often, encroaching on the turf of competitors—with the hopes of snagging a larger cut of everyday consumer purchases.

Several of the world’s tech giants are squaring off, thanks to new strategies and tools that have one common goal: to bring their respective companies a bigger slice of the enormous consumer spending pie.

Google vs. Amazon

This week the Wall Street Journal reported that Google is working on a “Buy” button that would allow online shoppers to make quick one-click purchases—a feature that’s most often associated with Amazon, the world’s largest e-retailer. Google wouldn’t run factories full of merchandise, nor would it sell and ship goods like Amazon does. Instead, in theory (none of this is settled, or even confirmed by Google), consumers would be able to buy goods in a single click directly from partner retailers that show up in Google Shopping search results. Google is reportedly also considering an expedited shipping subscription service along the lines of Amazon Prime or ShopRunner, which would store the customer’s billing info and shipping address.

Google dominates search in general. Yet when people are searching specifically for things to buy, far more start their online shopping expeditions at Amazon. Naturally, Google would love to have more consumers browsing for goods with its search tools. What’s more, it would love to keep them within the Google sphere when actually making purchases. Right now, consumers who start shopping searches at Google are typically sent to other sites—including Amazon—when the time comes to buy. Google would much rather keep a tight hold of the eyeballs and wallets of shoppers.

Amazon vs. Ebay

Amazon recently announced the introduction of a new “Make an Offer” feature that allows customers to bid and negotiate on the price of certain merchandise—options that are in the wheelhouse of eBay, which was born as an auction site and has evolved into more of a general marketplace for sellers big and small.

For now at least, Amazon is essentially just the host site for sellers who are willing to haggle with customers. Only items falling under a few sales categories, including Fine Art and Sport and Entertainment Collectibles, are available on the “Make an Offer” basis, and it’s always a third-party vendor (not Amazon) that does all the negotiating and selling. After a customer views the suggested price of an item and makes an offer, “The seller will receive the customer’s lower price offer through email, at which point the seller can accept, reject or counter the offer,” an Amazon.com press release explained. “The seller and customer can continue to negotiate through email until the negotiation is complete.”

Consumer Reports noted of Amazon’s new tool, “By adding a haggling element to its traditional fixed-price model, Amazon broadens its appeal to a wider audience of consumers motivated not simply by low prices, but by the thrill of the hunt and scoring a deal.” Note that there are no open auctions, and that all haggling takes place privately between the two parties involved—not unlike the negotiations that take place between buyer and seller in a car dealership, or perhaps via a connection made on Craigslist or Priceline. Customers can “Make an Offer” on roughly 150,000 items right now at Amazon, and the e-retail giant plans on expanding the bidding option to hundreds of thousands more items in 2015.

Apple Pay vs. All Other Forms of Payment

When Apple Pay debuted in October, the mobile payment tool—allowing customers to pay for goods with a tap of an iPhone—could be used at Macy’s, McDonald’s, Whole Foods, and several other major chains, but overall less than 3% of U.S. merchants that take credit cards were ready to accept Apple Pay. As the New York Times reported this week, however, dozens more banks, retailers, and at least one NBA Arena (Amway Center in Orlando) have since started accepting Apple Pay, and experts increasingly are of the mind that Apple has the best chances of making smartphone payments commonplace:

“Retailers and payment companies see Apple Pay as the implementation that has the best chance at mass consumer adoption, which has eluded prior attempts,” said Patrick Moorhead, president of Moor Insights & Strategy, a research firm. “They believe it will solve many of the problems they had before with electronic payments.”

Still, there’s a very long way to go before a critical mass of consumers are paying for purchases regularly with iPhones, or any smartphones. Many big-name retailers, including Best Buy, Walmart, and Gap, aren’t accepting Apple Pay because they’re trying to create their own smartphone payment system—which may or may not be easier and more convenient to use than Apple Pay. More importantly, consumers generally still see old-fashioned debit and credit cards as a more convenient and certainly a more comfortable way to pay for stuff. For smartphone payments to be a true success, Apple Pay or other services will have to convince the masses otherwise.

 

TIME Retail

Walmart Must Pay $188 Million to Settle Claims of Cut Rest Breaks

The company said it may appeal the decision

Walmart has been ordered to pay $188 million over claims by employees that the company regularly cut their breaks for meals and rest. The payment would be a settlement for a class-action lawsuit that went all the way to the Pennsylvania Supereme Court. The ruling would hurt Walmart’s earnings, the company said, by reducing its profits from continuing operations by 6 cents per share. Wal-Mart said it may appeal the decision.

The lawsuit involved 187,000 Pennsylvania-based Walmart employees. They worked at the retailer between 1998 and 2006.

[Reuters]

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