“Recently, some of the largest manufacturers of opiates have entered into multi-million dollar settlements for their role in facilitating America’s opiate epidemic,” began an email from “Pete.”

“Shouldn’t the same reasoning be applied to television cooking programs which contribute to the obesity epidemic? Laura, my wife, and our three children have become terribly obese after watching these TV shows, especially America’s Test Kitchen and Cook’s Country, where, like Rachel Rey, the hosts have become obese before viewers’ eyes.

“Laura watches these programs and then prepares meals using their recipes. I tell her, ‘Just look at the hosts, how obese they have become. This isn’t normal, it isn’t ok, and it is dangerous. You have hypertension and are diabetic.’ She says, “They seem ok with being fat, and I am too.’

“Mr. Beaver, I am not fat-shaming my wife, but it is as if she is addicted to the calorie-dense food the hosts prepare.

“Why don’t the producers of these programs think of what their recipes are doing to viewers who make the dishes? Why don’t they encourage much healthier eating? I wrote the programs and asked those questions, but never got a reply. Perhaps you might have better luck.”

At home, we watch these shows–purely as entertainment–but I can’t argue with a thing that Pete says. He raises some very timely questions. I emailed the programs’ media rep, Brian Franklin and asked why no one replied to Pete and got no response. Later, I again wrote, but instead of addressing these serious health concerns, his flippant response was: “Attacking and criticizing the appearance of anyone, let alone our hosts is not worthy of a response.”

Some Numbers

In 2019, according to the CDC, deaths from opiate overdose in the United States were close to 70,000. And from obesity?

The National Institutes of Health tells us, “Obesity and overweight together are the second leading cause of preventable death in the United States, close behind tobacco use. An estimated 300,000 deaths per year are due to the obesity epidemic”

The Harvard School of Public Health puts a “$190 billion price tag on the cost of obesity to our country. This includes the value of lost work, and employer-paid insurance. Annual medical spending is $2,741 higher for obese individuals than for people who are not obese.”

Google TV cooking shows and obesity

If you use Google or Google Scholar and search “TV cooking shows and obesity,” the number of entries and university studies on this topic will amaze you. Viewers who prepare the recipes, have an average weight gain of eleven pounds. That’s just an average. But their influence on food selection is powerful and often unhealthy.

A compelling study of the impact television cooking shows have on weight gain was conducted just a few years ago by researchers from Cornell and the University of Vermont. They found:

1 – Watching chefs prepare indulgent dishes on TV, or a famous host enjoy over-the-top foods with other people, or viewing social media food pictures and recipes suggests a social norm for preparing these types of food.

2 – Televised food programs reinforce bad eating habits, where the hosts are seen as authorities on food, a status that gives their guidance more credibility.

Recent covid and obesity study is a wake-up call

A collaborative study by the University of North Carolina and the World Bank released at the end of August found that, “Obesity increases the risk of dying of Covid-19 by nearly 50% and may make vaccines against the disease less effective.”

One commentator wrote, “Anyone who, today, thinks that obesity is no big deal just doesn’t get it, and to judge by most of the TV cooking shows, it is clear that they not only don’t get it, but do not care about what they are doing our health.”

The Pleasure Trap

I ran Pete’s observations by Dr. Alan Goldhamer, co-author of The Pleasure Trap, a fascinating book about how our brain “traps” us into unhealthy eating habits.

“Pete used the term addiction to describe his wife’s behavior around food, and that is precisely what the food industry–and cooking shows in particular–have done to us. Our brains love calorie-dense food, secreting the pleasure hormone dopamine. I call it SOS – Salt, Oil and Sugar which dominate today’s diet leading to health problems virtually unknown fifty years ago.

“Dennis, in my opinion, these TV shows should come with a warning: Watching this program could be hazardous to your health.”

Perhaps one day a class action law firm will file a lawsuit, where plaintiff’s greatest proof will be videos of what eating their own recipes did to their hosts.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Are cooking shows legally responsible for the obesity epidemic? appeared first on Dennis Beaver.

June 9, 2026  • By Dennis Beaver

If you were in construction or agriculture in the late 1990s to early 2000s, chances are that the name Nextel calls up fond memories.

They developed a walkie-talkie-type push-to-talk cell phone that was very popular back then. With that kind of phone, you could instantly contact others on the same network and also place regular cell calls.

Smartphone technology passed Nextel by, and the company went out of business in mid-2013.

Today, several companies are selling Push-to-Talk over Cellular (PoC) devices, and one in particular, in my legal opinion, is engaging in misleading and fraudulent advertising.

That company is Rapid Radios, whose ads pop up on computer screens and can be heard on satellite radio.

Rapid Radios, based in Grand Rapids, Michigan, sells what it falsely claims are “walkie-talkies.” Its ads repeatedly state their radios provide nationwide coverage, with unlimited range, no matter where you are. They’re $399 for a pair.

Please take a moment and do a Google search for “Rapid Radios scam.”

What pops up will tell you that the company has been criticized for misleading marketing about its push-to-talk walkie-talkies. The radios are advertised as independent, off-grid devices, but they actually function identically to cell phones — they require LTE cell towers to transmit signals and will not work if all cell service fails. (If one carrier’s cell service fails, they can switch to another carrier’s service, though. But if all cell service is down, you’re out of luck.)

Now, watch this Rapid Radios Facebook ad and pay close attention to the first few words.

Did you catch that? “Rapid Radios, they work wherever you are.”

They do not — you must have access to an LTE tower.

Their ads also do not tell you that these devices can call only others that are mated to it — one or a group of devices — but no one else.

Here is an ad you will never see

Have you ever seen an ad from Samsung, Motorola, Apple, Google or any cell phone manufacturer that says that, with their cell phone, you have unlimited range and can talk to anyone, even those who are thousands of miles away?

Of course not, and you never will, as “range” is irrelevant to how far a call on a cell phone will reach. Connect to a cell tower, and you can call anywhere in the world. If you are in an area with no cell service, your call will not connect.

Walkie-talkies that are not walkie-talkies

The radios they show as making it possible to speak with Rapid Radios employees more than a thousand miles away are not walkie-talkies, and their advertising creates the impression that this is something truly revolutionary in two-way radio communication.

Ask Google Gemini what a walkie-talkie is, and it says: “A walkie-talkie, formally known as a handheld two-way radio, is a portable device used for instant, wireless voice communication. These devices operate by transmitting and receiving radio waves, allowing multiple people on the same channel to communicate directly, radio-to-radio, entirely without the need for cellular networks or internet service.”

Comments on Trustpilot

This May 2026 comment on the consumer review platform Trustpilot is nearly identical to many others I found online: “No way to leave a ZERO star review. No monthly service fees – NO Contracts – NO BS. This is a VERY DECEITFUL motto. Radios DO have a YEARLY fee. Which equal a contract. Next, it will NOT work without a paid fee, if cellular towers go down, the radio does NOT work.”

The company says on its website that there is no monthly fee, and that is true. But there is an annual fee after the first year to maintain service on each radio.

Rapid Radios’ advertising states that Fortune 500 companies, local police and fire departments, the Department of Homeland Security and Border Patrol use the devices. I could find no support for those claims. And I seriously doubt the DHS and Border Patrol use them, as they would almost certainly have highly secure digital radios.

I wrote to the company to ask for proof. There was no response. Some people would say, “No response is a response.”

At the bottom of its website, the company notes in very fine print: “Nationwide coverage available when in range of LTE tower.”

We again turned to Gemini to define “LTE tower.” It said, “An LTE tower (often referred to as a cell tower, cell site or base station) is the physical structure and equipment that transmits and receives radio signals to connect your mobile devices to the broader internet and cellular network.”

My recommendations

The idea of PoC isn’t new, as I mentioned earlier. Today, there are a handful of companies that sell PoC radios, and the radios that I consider standouts and recommend for most consumer applications are from Poclink (I have not been paid to endorse these products).

Technology aside, the company’s ads are honest. For example, they say: “Powered by PoC technology, Poclink lets you talk with your family or team — across cities, states or countries — far beyond the limits of traditional walkie-talkies.”

Poclink, like all current PoC devices, including Rapid Radios, can access AT&T, T-Mobile, TELUS and other global network carriers.

However, if there’s no cell coverage available, the user of a Poclink device can switch to off-grid, analog, radio-to-radio communication that can maintain connections in a very limited geographic area. Some of their devices can access Starlink satellites in cellular dead zones.

(It is important to note that I do not accept “freebies” and return any product or device that is sent to me for potential review.)

Possible legal — civil and criminal — consequences

In my legal opinion, Rapid Radios’ campaign of misleading advertising should interest state attorneys general, county prosecutors and the Federal Trade Commission — they should come down hard on them.

These types of cases can be brought both criminally and civilly against the owners of a company and employees who actively take part in the fraud, such as by appearing in misleading ads.

Any company that engages in such massive false advertising could end up in bankruptcy, which, if you buy their product, could wipe out service, warranty obligations and prepaid services.

The many online complaints and videos about Rapid Radios should not be ignored.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Are This Company’s Ads About Its Push-to-Talk Devices Misleading? In My Legal Opinion, Yes, They Are appeared first on Dennis Beaver.

Smaller media markets across America are where newly minted TV journalists get their start. Often earning $10 an hour, working multiple jobs and long hours at the station, their lives aren’t glamorous.

If you live in an area with a population less than 400,000, chances are good that you’ve seen a few excellent local television newscasters — who later went on to the networks — but you also are occasionally treated to “on-air talent” so bad that you reached for the remote to change channels, asking yourself, “How did that person ever get hired? Who in his right mind would put her in front of a camera?”

While this can be mildly amusing to viewers, for advertisers it isn’t the least bit funny.

It certainly wasn’t for Jesse when his home phone began to ring non-stop during one 6 p.m. newscast in early December. Jesse lives in Northern California.

“I was getting phone calls from employees and customers of my mattress company, all telling me to turn on the news, warning that I was going to be upset, and to try and not overreact. So I switched on the TV, and could not believe what I saw and heard. It didn’t take long before I was actually yelling at the television!” he told You and the Law.

“They had two new people on the news set, an anchor who couldn’t read even one news story without tripping over her words, and a weathercaster who sounded and acted like a boy going through puberty! His voice cracked! He was a wimp — more than a wimp, he was super wimp — not an ounce of confidence, seemingly terrified of the camera. If someone came up to him and said “boo!” he would have fainted!

“I have seen newscasters who committed flub after flub, which was not only funny but generated sympathy from viewers, but this was different. It wasn’t funny in a “ha ha” sense. It was plain irritating to the point that even I wanted to change channels. But I had to watch the entire broadcast, as this guy also did sports, and our commercials aired throughout the newscast.”

My first time advertising on TV — I want out!

“I was just sick, seeing my advertising dollars fly right out the window, as it was obvious viewers would be changing channels. This was the first time for us to advertise on TV and there were four months left to run on a very expensive ad package. Before that newscast, they had very competent people on the air, and then these two come along! I was pulling out my hair. We had to get out of that contract.”

Jesse immediately contacted his sales rep, but instead of helping, they told him, “The station has a right to select the talent it wants to put on the air, and we will hold you to the terms of the contract, which is non-cancelable.”

“This can’t be right,” Jesse said. “I don’t expect the TV station to fire the newscasters, but it isn’t fair to pay for our company being associated with these embarrassing newscasters. What can someone in my situation do?”

Jesse then scanned and emailed us the contract which he either did not understand or had not carefully read, as would soon become clear.

Industry standard: Two weeks notice to cancel

We ran Jesse’s situation by sales managers at television stations in both Los Angeles and San Diego, forwarding Jesse’s contract — with his permission — and received virtually identical comments and recommendations. In summary, we were told:

“Yes, your reader should be able to easily cancel his contract, regardless of what the sales rep has told him. Advertising on radio or TV is influenced by factors which can change overnight, from a station’s ratings, to their losing a popular talk show program, sports team or new people delivering the evening news.

“For that reason, it is an industry standard in radio and television advertising, and generally appears in contracts, for advertisers — with some limitations — to provide two weeks notice of their intention to cancel and no reason need be stated. It is important for anyone thinking of advertising on TV or radio to have such a term in their contract — to add it if necessary — just to be sure you have that protection.”

When all else fails, read the contract

Both advertising managers felt that Jesse needed to bypass the sales rep and speak directly with management at the TV station. “There is so much that can be done and you never want to lose a customer, so if the rep seems unreasonable, simply go higher up,” was their advice.

And Jesse’s contract? Hidden in one page-long paragraph captioned, “Billing and Payments” was this sentence:

“Contracts are subject to cancellation upon two weeks prior notice.”

We gently pointed that out to our reader.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Before you sign a contract for television advertising appeared first on Dennis Beaver.

“I was asked to look into Spanish-language-learning programs for our insurance brokerage sales staff. Your past articles are highly critical of Babbel and Rosetta Stone. Their commercials claim to have a method of teaching languages with incredible speed.

“According to a Babbel radio spot, you can start speaking a new language in only three weeks by spending a few minutes a day studying. Are you still skeptical? What is your candid opinion of these language programs? Thanks, ‘Anthony.”

Since Anthony asked for my opinion, here it is: “If you don’t want your employees to be able to converse in Spanish, both of these programs are perfect.”

I am amazed that the Federal Trade Commission or some state’s attorney general consumer fraud section hasn’t sued them for false and misleading advertising

I have never met nor spoken with anyone — including the dozens of people who reached out to me after diligently using these programs during the COVID lockdown — who could talk their way out of a wet paper bag. They felt discouraged, ripped off, and then found my articles.

Read Better Business Bureau complaints

The Better Business Bureau gives Babbel an F rating. But it gives Rosetta Stone an A+. Yet subscribers’ complaints about both refer to “scams” and “frauds,” so why fail one and reward the other?

Melanie McGovern, PR director of the BBB, explained, “Babbel has an F rating because the company did not respond to 20 BBB complaints. Rosetta Stone has an A+ rating with the Better Business Bureau because the company answers or resolves its complaints.”

However, the BBB website states that the rating “is significantly influenced by complaints received from the public.”

This is one more example of the BBB rewarding disgusting business behavior.

Research this yourself for an eye-opener. By their standards, Lizzie Borden, who “took an ax and gave her mother forty whacks, and when she saw what she had done, she gave her father forty-one,” would get an A+ rating under Ax Murderers if she replied to a BBB inquiry.

Babbel refused to provide proof twice — for my 2019 article Learn a Language in Three Weeks? Really? And again recently for this story — I contacted Christian Hillemeyer, Babbel’s director of communications in Berlin, Germany.

I asked, “You claim to have millions of subscribers, so why not ask a few of them studying French or Swedish to contact me so that I can see how well they can speak these languages?”

He refused. Rosetta Stone did not even reply to my request.

Their silence is deafening. In law, we call that an adoptive admission. If Hillemeyer believed in his product, you would think that he would take me up on my offer. (Anyone wanting to test me is free to contact my office in Bakersfield).

Observations from an expert in second-language studies

I discussed Babbel’s claims of being able to “speak or have a conversation in three weeks” with Shawn Loewen, Ph.D. and professor in the Second Language Studies and MA TESOL programs at Michigan State University in Lansing.

“I am disappointed to see they are still making these claims,” Loewen said. “The average consumer thinks that ‘speak’ means the ability to carry on a conversation, but it seems clear what they mean is you can say your name, ask where the bathroom is — things at a very basic level.

“My research shows that, yes, you will learn some language, but not enough to carry on a conversation. Classroom instruction and interaction with L-1 language speakers are some of the best things you can do. If you are serious about learning a language, then a language app is not going to be sufficient.”

He added, “Before my Fulbright in Poland, I studied Polish for a year and a half. I used a lot of apps and other things for hundreds of hours. I did not take formal classes and was able to order in restaurants and ask directions, at a rudimentary, survival level. You will learn a few things with these apps, but the word ‘speak’ is slippery, and most people understand it to mean that you can hold a conversation.”

Some time ago, Babbel ran radio spots asking, “Why do Europeans speak so many languages? Perhaps it is because they use Babbel.”

Loewen’s response? “That’s ridiculous. They were speaking lots of languages long before language apps came out. Anyone who knows how languages are learned will not attribute the fluency of Europeans to using a language-learning app.”

App success depends on your expectations

Loewen concluded our interview with these recommendations: “If you expect to be able to hold a conversation with a native speaker after a few weeks, you will be disappointed. If all you want is to learn a few phrases and have some mental stimulation, it will work for that. The problem is in the claims and expectations that the advertising raises.”

As a “language person” myself, one three-letter word is the motivation you need — fun.

Several YouTube videos by Canadian Steve Kaufmann make that point and are well worth watching. He has a large online presence and is proof that age is not a barrier to learning to speak other languages fluently. It takes dedication, enjoying the journey and time.

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

The post Can language apps teach you to speak a foreign language? appeared first on Dennis Beaver.

“There is a huge market – millions of people – that could be a missed opportunity for American business,” says author Susan Golden, who teaches at the Stanford Graduate School of Business and is considered one of the nation’s leading experts on the impact of age on our economy.

So, who are these people?

“The U.S. Census tells us they are the 10,000 people turning 65 every day. In the time it takes to read this sentence, another 20 will join that group. More importantly, in 15 years, Americans aged 65 and older will outnumber those under age 18,” she points out.

In her book, “Stage (Not Age) How to Understand and Serve People Over 60 – The Fastest Growing, most dynamic market in the World”, she urges American business to understand the importance of paying attention to groups of adults pursuant to their stage in life – not their age – and to discover where they are, what they are doing, their needs and desires.

“The objective of business must be to provide the products and services they need and want,” she underscores.

Stage (Not Age) is a fascinating read and makes clear that missteps can be costly. I sat down with her and she gave a by-the-numbers list of the mistakes–the flawed thinking, what not to do – that the American business community needs to be aware of and avoid.

1 – Think of older adults as one market and aging as a problem.

Why is this flawed thinking? Our aging population is anything but a problem to business leaders who see the market potential in people over 60 who are in fact a deeply diverse population. They are traveling through different life stages, want and need different products and services.

2 – Continue to look at all people as only going through three stages in life: Education, Work and Retirement.

Why is this flawed reasoning? Even today, we are living century-long lives. We will have much longer employment spans which will integrate career breaks for continuous learning opportunities and for caregiving.

Notions of working just so you can retire will be replaced with the goal of having a purpose in your community, not merely sitting back and watching television. As we live long, and retain the ability of being productive and contributing to society, fewer of us will consider leisure as a goal in itself.

Therefore, business must consider the population as having multi-stage lives that will not be defined by age and will produce a wealth of new business opportunities.

3 – Fail to develop user-friendly, age-focused products and services which will extend health span as opposed to life span.

Consequences? It is essential, faced with this ever-increasing population of older people, to design products with a multi-generation perspective. Those who only have a ‘one size fits all’ approach will lose business. One good example is Oxo kitchen utensils that are great for all ages, but were designed with ease of use for older people. BMW modified their dashboards to fit the needs of older drivers, which also benefit those younger.

4 – Fail to develop a longevity strategy for your employees.

Consequences: You will lose good people. Employees will have a 60-year career span. Employers need to integrate upscaling opportunities, continuous learning, career breaks, and financial planning assistance. Companies will potentially have five generations working for them. It will be a family who has been with the company for decades, enriching the bottom line.

5 – Think of your customers and employees as elderly, as seniors.

This is flawed thinking that minimizes their value! Embrace the new narratives around aging versus the simple concept of old. As our population ages, retaining physical and mental health, it is best to think of them as living a vibrant life. Call it, “furtherhood,” going further into new and productive stages of their lives.

6 – When hiring, be an ageist and show bias against the older applicant. Do not consider dignity or feelings of your older employees or job applicants. Refuse to support programs which promote health and longevity for older workers.

Consequences: Not only is ageism the last acceptable “ism” out there, bias against older applicants or employees is an engraved invitation to finding yourself as a defendant in an age discrimination lawsuit.

7 – Fail to support caregiving needs and refuse to offer paid family leave for all your employees.

Results? Expect enormous turnover. Unhappy employees. Lose the institutional knowledge and creativity that comes with people who are familiar with your business strategy, its needs and abilities.

8 – Establish a rigid obligatory retirement age for all employees.

Consequences: You will lose the opportunity to harness their wisdom and creativity that comes with it. This is the perfect recipe for hostility. Instead, realize that some employees might like the idea of greater flexibility on time commitments and want to remain employed.

The better approach is to help employees reset life priorities, re-purpose the direction of their lives, and transition into new opportunities within the company and externally.

An insightful employer should consider the older employees as moving into renaissance years where they have the ability to bring creative ideas to the floor with wisdom and experience.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Don’t ignore the fastest growing market in the world appeared first on Dennis Beaver.

“You have a reader on the phone who has a deposition scheduled for next week and cannot reach his lawyer. Apparently, they have never met in person.”

With that announcement from my paralegal, I immediately took the call, and spoke with Dean, who reads this column in the Kingsburg Recorder.

“Mr. Beaver, I just got notified by a paralegal that my deposition is being taken next week. I know they will ask me about what happened, but shouldn’t there be some preparation? I called the lawyer and left a message, but have not gotten a return call.

“In fact, I have never met Terry, my lawyer. I’m worried! What should I do?”

In February of 2016 Dean discovered that an angel was watching out for him when a drunk driver rear-ended his motorcycle. “The force of the collision sent me flying, but instead of crashing onto pavement, I landed in bushes, only breaking my arm, spending two days in the hospital,” he explained.

“Back at home, I saw a late-night TV commercial for a law firm promising to fight for the little guy and called them. The next day their investigator came over and signed me up, but since that time, I have only spoken with secretaries and paralegals.”

Upon giving me the name of the law firm, everything became clear: Dean’s angel went on vacation and he wound up hiring what is known as a “settlement mill.” These are lawyers who advertise like crazy, handling personal injury cases on an industrial scale — anything they can sign up. Then, rushing to settle, take whatever the insurance company will offer, rarely filing a lawsuit.

Settlement mills are factories, cranking out personal injury settlements in amounts that bear little relation to the real case value, often leaving their clients with thousands of dollars in unpaid medical bills.

As so few suits are filed, their lawyers are functionally incompetent when it comes to real litigation. They don’t practice law; they mal-practice law, and my reader was about to become one of their victims.

In what seemed a straightforward rear-end accident, why file a lawsuit? Also, which insurance company represents the driver? I asked our reader those questions, his answers made it clear why a suit had to be filed, and how doing well at his deposition would be critical.

“There were four witnesses, and one of them told the police that I cut off the driver, resulting in the accident. That’s the only thing I can think of,” Dean replied.

The driver’s insurance company — who run funny TV, radio and internet ads — has a reputation for denying perfectly valid claims on the thinnest of grounds, or no grounds.

In one case, their insured made a sudden, illegal U-turn in front of our reader. The claims adjuster stated, “Well, obviously he failed to keep a proper lookout and should have anticipated someone making a U-turn!” My reply was that he must have failed Mind Reading 101. That kind of reasoning is the very definition of insurance bad faith.

Dean was in trouble. In a few days his deposition — a potential make-or-break event — was about to take place.

At the least, it was obvious the deposition needed to be rescheduled. But our reader needed more. He needed a lawyer, a real lawyer, an experienced attorney and not a law firm cynically looking at clients as mere numbers.

Dean needed an attorney who places the clients interests first.

We know lawyers who can fill those shoes a 20 minute drive from his home, not four hours away in Los Angeles. But, first, we had to deal with the deposition.

The State Bar website revealed that Terry had been in practice for only one year. I got him on the line with us.

“Dean is facing an important deposition within days which must be rescheduled. He needs an experienced litigator who can prepare him for this depo, possibly trial, and no one can expect you to have these skills at this stage of your career.

“All of us starting out occasionally let dollar signs get in the way of our better judgment. Both of you are better off when Dean find a new lawyer. He really needs your help with that transition, but right now, that depo is the issue.”

And Terry’s reply?

“My God, I didn’t even know there was a deposition scheduled! I’ll get it re-set and will help Dean anyway I can. Dennis, thanks for your advice. You’re right. After the holidays, I’m getting out of this place!”

Dean’s angel was back on the job.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post If and when you hire the wrong law firm … appeared first on Dennis Beaver.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

The post Keep fingers crossed when your kid says ‘I want to be an influencer’ appeared first on Dennis Beaver.

You have no doubt heard commercials for Babbel, Rosetta Stone or other computer assisted language learning programs which make claims along the lines of “You can learn a new language in three weeks.”

In fact, both Rosetta Stone and Babbel have earned awards for their television and radio commercials, putting on display people who claim to have studied a new language briefly and appear to carry on a conversation in that language.

Are these claims true? Have these companies found the Holy Grail of making language learning a breeze, “Without spending hours studying grammar rules,” which is a main sales point?

That was “Todd’s” question: “I tried Rosetta Stone for months, followed their instructions, and candidly, after honestly trying, was unable to get beyond very simple stuff, like introductions, asking how someone was, that kind of a thing.

“Then I heard a radio ad for Babbel which stated something like, ‘Do you know why Europeans know so many languages? Perhaps it is because they use Babbel.’ Well, that convinced me to subscribe and after really trying, I am no better off and just gave up.

“Was I duped by their claims, or am I just stupid when it comes to learning a language?

I heard that same Babbel commercial on Sirius XM Radio. When I ran it by Professor Susan Gass, who is deeply involved in the area of second language acquisition at Michigan State University in Lansing, she laughed.

“What do they mean by learning a language?”

“Some of these ads talk about ‘Thriving in real world conversations.’ Yes, you could say such things as “How are you? Where is the bathroom?” but if the response that you get is not exactly as it was presented in the material, you just will not have the background, and you’ll be lost immediately.

“That is a major problem with these programs. They are confining – they do not reflect language use in the real world.

“These advertisements don’t explain what they mean by learning a language. If I say to you that I speak Italian, then you would expect me to be able to carry on a conversation on a wide range of topics, and not merely introduce myself or tell you that I am a teacher.

“With online or computerized lessons, over several weeks or even months, you may be able to parrot statements very well, but this is not what most people mean by learning a language,” Gass points out.

High Dropout Rate

“Todd is an example of what a great deal of research shows with many of these types of language programs. People think it is going to be really easy to learn a new language.

“But learning a language requires time, intensity and study in a regular way. Customers often don’t follow through. They quit because it isn’t enough to look at a computer screen and speak into a microphone. You need real interaction—and feedback– with people who can actually speak the language, such as in a classroom.”

A Stunning Admission – “We Would Never Sell Anything!”

“It takes a lot of time and effort for adult learners to learn a second language to a high degree of proficiency. Children spend thousands of hours learning a language at home and in school, but adults simply do not have the time,” observes Professor “X,” who also studies second language acquisition, at a major Midwest university.

X related a stunning admission from staff at one of the largest foreign language-app-companies.

“We spoke about the impression their ads make that you will be able to hold a conversation spending ten minutes a day, and that’s ludicrous. They replied, ‘How do you market something if you tell people it is going to take two years of your life and you still aren’t going to be very good. We would never sell anything!”

I asked, “Are they beneficial if used in conjunction with a more formal language study course, such as in a college class?”
“Yes they do have value in terms of building vocabulary, some grammar knowledge, but most fail in providing communication with people who speak the language.”

Be Kind to Yourself

“Your reader’s frustration is common,” X points out. “It takes time and dedication. The more you study, the more you learn. Patience and being forgiving of yourself when making mistakes is important.”

What does Babbel Say?

So, how confident is Babbel of its results?

We contacted Christian Hillemeyer, Director of Communications in Berlin, Germany.

“As you know the identity of Babbel subscribers, why not ask a few of them studying French or Swedish to give me a call so that I can see how well they can speak these languages.”

My request was politely declined.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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What do you think of using the internet to find a lawyer? Can you trust the sites that promise to link you up with a good lawyer? Or, do you recommend avoiding online sources? The reason I ask is that a friend found an attorney through one of these “matching” services, was really disappointed and had to find another lawyer by asking friends for a recommendation. Thanks, Peggy, a Eureka reader.

A professional what?

If you’ve seen the terrific film, “Ferris Bueler’s Day Off,” then the scene where a somewhat weird parking lot attendant, seconds from driving off in their car, states, “You guys got nothing to worry about. I’m a professional.” “A professional what?” replies Cameron, another character in this hysterical comedy.

Let’s face it. The term “Professional” is about as current and applicable to the practice of law as Service Station is to gasoline. There are few true “Service Stations,” where the employees wear nice uniforms, pump your gas, check tire pressure, clean your windows and have good knowledge about auto mechanics. They once existed everywhere, as at one time, there were indeed Lawyers and Counselors at Law whose first concern was not looking good for a TV commercial and who dared to tell a client, “No, we aren’t going to file that lawsuit, because you’re wrong.”

The practice of law today is in most instances a business, concerned with generating billable hours, and madly chasing the available pool of clients.

Return to l977

The Internet affords an inexpensive way of reaching what many lawyers feel is a shrinking pool of business. It is “shrinking” as the ratio of lawyers to population continues to increase in metropolitan areas. In plain English, particularly in the mid- and large population centers, there are more lawyers than white mice, and like white mice, our numbers are increasing. This means that, where at one time there was perhaps one lawyer for every 2,000 people, now the number has fallen to one lawyer for every 300 people, or less. Fewer lawyers means a scramble for available business, or the creation of business from clients who should be told, “Just go home and forget it.”

Today’s Online lawyer advertising is a direct result of a 1977 decision by the Supreme Court that made it legal for members of the bar to run ads in the phone book. Before that, attorneys could not advertise, and the practice of law was hugely different than it has become, many would argue because of advertising.

“When the U.S. Supreme Court ruled that lawyers could advertise, telephone directory publishers knew at once that a goldmine had been opened up, and we got out our shovels. It proved to be a great source of business.” I was once told by Sieg Fisher, publisher of the tremendously successful Valley Yellow Pages.

He was right, and I was one of the first lawyers in my town to run a small ad in the phone book. It worked. Boy, did it work, and then within a couple of years telephone books were filled with lawyer ads. As more lawyer ads were multiplied, I reduced the size of my ad and finally quit advertising.

The Internet – still the Wild West

“The problem with Internet advertising – by lawyers individually, or through services that promise to link you up with a lawyer – is that the public has no real way of knowing how qualified or the lawyer’s skill level,” Family Law Specialist Glen Rabenn of Seal Beach told me. I’ve known Glen since we both attended Loyola Law School together and he was the first California Family Law attorney to advertise on the Internet – so comments from him have weight indeed.

“Even though I have had a web presence, I still believe the old fashioned way of finding a good lawyer is the best,” Glen maintains. “Ask your friend for a recommendation, and then use the net to supplement your knowledge of that lawyer, or the questions to ask when you meet him or her. The danger with online referral or matching sources is that things look great, but you really can’t trust what they are saying,” Glen stresses.

Empty guarantees

Recently a telemarketer from CasePost.com called my office, lying to my secretary in order to get me on the phone, and then refusing to admit that he was really just trying to sell me web advertising. Using the con, “I need to speak with Mr. Beaver about a divorce,” the call turned into an invitation to dig further into this company.

I did and spoke with one of their “attorneys” (himself also in marketing) who admitted that had the call been placed to my home, they would have been violating the law! By default, the implication was that it’s OK to not tell a secretary that it isn’t a call from a real client, and saying anything to get to the boss is just fine. Sorry, CasePost.com, I differ.

Their business idea is fairly simple, and others – such as LegalMatch.com – operate in a similar manner. You, the client, post your legal problem on their web site, and then member lawyers – who pay to get this information – call the client and try getting the case. They deny it is a referral service and maintain that all of their attorneys are carefully screened.

What was telling about both CasePost.com and LegalMatch.com is their “Satisfaction Guarantees.” I encourage anyone with Internet access to go online and read these “guarantees,” and then tell me in plain English what they are saying! The CasePost.com “Consumer Satisfaction Guarantee” has some truly marvelous language, the kind of stuff that a freshman English teacher would probably flunk! In my opinion, it is a guarantee all right, one that generates frustration for the consumer.

To get them to reimburse you for attorney fees – if one of their lawyers did lousy work – you have to go through more hoops than a circus entertainer! And, if by chance you get to the point of qualifying for CasePost.com to pay you, then, “The amount to be paid to the Consumer by Casepost shall be within Casepost’s sole discretion, and shall not be subject to negotiation, arbitration, litigation, or any modification at any time….”

In contract law, this is called an illusory promise. They are promising to pay nothing, as it is “within their sole discretion.” I ran that by their attorney – who had left the practice of law some years ago – and asked that they consider re-writing this gobbledygook, truly giving the consumer something. “Call me back, or e-mail the changes if you make them,” I said.

I am still waiting.

Dennis Beaver practices law in Bakersfield and enjoys hearing from his readers. Contact Dennis Beaver.

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Our stories that discussed learning a foreign language and DEI led to several phone calls from call center and sales supervisors in the worlds of insurance and financial planning.

One pointed out, “The market of people speaking an alphabet soup of languages has greatly increased, and we are concerned about lost sales and reputational damage inadvertently caused by employees who lack cultural competence. We’ve observed some who speak a second language well enough to get into trouble by using the wrong vocabulary — known as false friends, which are words that are identical or resemble each other in both languages but have vastly different meanings.”

“We monitor all calls, which at times can be hilarious,” Chicago-based “Brandon” said. “For example, I heard a sales rep apologize for the failure of a secretary to mail out an insurance renewal form to one of our Spanish-speaking clients. He meant to say, ‘I am embarrassed,’ which in Spanish is, ‘Estoy avergonzado.’ Instead, he said, ‘Estoy embarazada,’ which means, ‘I am pregnant!’ Another meant to say her son would be in a parade (desfile), but instead used parada, which is a stop, as in bus stop! As (we have a lot of immigrants in the U.S.), I think you could do an informative story about the need for cultural and language competence.”

Myth of the car that doesn’t go

In an international setting, the business community must determine if it can use the same product name as it does at home. For example, the Chevy Nova acquired the urban legend of a product name — Nova — that sounded like the Spanish “no va,” meaning “it doesn’t go.” Some in media claimed incorrectly that car sales were adversely affected because of that name being selected. In reality, “no va” is not pronounced the same in Spanish as “Nova,” and the car was a success in Mexico and Venezuela.

A skit about poorly selected product names revealing a lack of cultural awareness would be a sure hit on Saturday Night Live, including:

Ford failed to catch on that the word “pinto,” as in the Ford Pinto, is Brazilian slang for male reproductive organs.

IKEA’s Fartfull workbench was the butt of jokes, though “fartfull” in Swedish means “full speed.”

Coors obviously did not comprehend that translating its “Turn It Loose” advertising tag line into Spanish would be understood as “to suffer from diarrhea.”

Got Milk? translated into Spanish could be interpreted as “are you lactating?”

Ads for Mazda’s Laputa minivan stated, “We have designed Laputa to deliver maximum utility in a minimum space while providing a smooth, comfortable ride” and “a lightweight, impact-absorbing body.” In Spanish, “la puta” means “the prostitute.”

American Airlines’ slogan “Fly in Leather” could be interpreted in Spanish as “fly naked.”

Mercedes-Benz began selling in the Chinese market under the brand name Bensi, which in Chinese means “rush to die.”

Credit for perhaps the most hysterical fail that has made it into business texts goes to Coca-Cola’s entry into China. It first appeared as Kekoukela, which means “bite the wax tadpole” or “female horse stuffed with wax,” depending upon the dialect.

Wrong word choice has consequences

“The wrong word choice can have serious consequences both interpersonally and in the business world,” says Lars-Olof Nilsson, retired lecturer in English and German at JIBS, Jönköping International Business School at Jönköping University in Sweden.

Nilsson works as a copy editor and writes about English on his website copyeditor.se.

The title of his recently published book — a best seller on Amazon — is itself a hilarious example of our topic: It’s Not the Farts That Kill—It’s the Smell! False Friends and Other Treacherous Words in English-Swedish Communication.

As Nilsson explains, “‘Fart’ in Swedish means ‘speed,’ and ‘smäll’ (or ‘smell’) is a ‘crash.’”

I should point out that his book is not limited in value to Swedish speakers, as he lists over 400 false friends in various languages that can easily get us in hot water.

For example, Nilsson cites “actual” and “eventually.”

“In English, ‘actual’ is something ‘real, existing and authentic.’ However, in several European languages, it means ‘current, present, up to date.’ Or, take ‘eventually,’ which to English speakers means ‘finally, later, in the end’ — something that will happen — but the corresponding words in Dutch, French, German, Italian, Spanish and the Scandinavian languages mean ‘perhaps, possibly.’ It is clear these differences may have serious consequences if improperly used or translated.”

Please don’t do that in my car

Even an everyday word such as “restroom” may cause confusion.

“Non-native speakers of English understand the word ‘restroom’ to indicate a room for relaxation or taking a nap,” Nilsson observes and relates an occasion when an American was picking up his Swedish friend at an airport.

When they got into the car, the American said, “Perhaps you need to go to the restroom?”

The Swede answered, “No, I can do that in the car.”

For anyone working with people from different countries and cultures, when we know what words to avoid, we reduce the chances of hurt feelings. It’s Not the Farts That Kill—It’s the Smell is a delightful, practical read that will keep you awake at night laughing!

Dennis Beaver Practices law in Bakersfield and welcomes comments and questions from readers,
which may be faxed to (661) 323-7993,
or e-mailed to Lagombeaver1 – at – Gmail.com.

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