“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.

We’ve all seen news stories where giant swarms of locusts descend on farmers’ fields and within minutes decimate their crops.

But, did you know there is a human version?

That’s right, human “locusts” devouring plate after plate, tray after tray of expensive food items at all-you-can-eat buffet restaurants, in quantities most people would consider unreasonable, and spending hours in pure gluttony.

The justification? “Well, it’s all-you-can-eat, so I’m getting my money’s worth and trying to break the buffet.”

YouTube has dozens of videos showing customers — who have annihilated trays of lobster, prime rib, sushi and other expensive proteins — with long, sad faces, seemingly shocked that the restaurant would cut them off, asking: Can they kick me out of an all-you-can-eat buffet for eating too much?

“We Are Competitive Eaters”

On Tuesday afternoon, Dec. 31, 2024, I received an urgent request to accept a WhatsApp video call from “A reader with a serious legal question.” I agreed, and at once was greeted by folks in an all-you-can-eat buffet restaurant.

“Janine” explained that she and her five friends were warming up for a competitive eating contest at a buffet restaurant. “We each pay for the buffet and then practice eating as much as we can.”

When I asked if they explained their purpose in being there before paying, she replied in an arrogant, entitled, emphatic tone of voice; “No! Why should we?”

Their camera operator sent me real time video of what I can only describe as human vacuum cleaners devouring plate after plate of expensive meat and seafood items: enormous amounts of lobster, crab, and pounds of prime rib.

They were all laughing. I wasn’t.

It reminded me of YouTube Halloween Ring Camera videos of adults with face-masks in ill-fitting costumes emptying entire bowls of candy — intended for kids — into bags and running away: Pure theft.

To me, these competitive eaters were ripping off the restaurant. The owner, on camera, said, “Stop! This isn’t the Las Vegas Bellagio buffet. What you are doing would be wrong there, but this is our family’s livelihood. You are taking so much that my customers have nothing. Get out!”

“I read your column. You help people. This is an AYCE restaurant! Can he do this?” Janine asked. Her attempted innocence and victimization didn’t fool me.

“Janine, in my legal opinion, yes, but lawyers have differing opinions. To be safe, I recommend leaving the restaurant immediately.”

Not Risk Free

Competitive eating, consuming as much as you can, as fast as you can, within a given period of time, is big business. While beyond the space limits of this article, it is important to be aware there have been several deaths during these events, as well as long term health consequences.

Also, there is a moral issue involved here.

In 2023, 13.5% of U.S. households were food insecure, having difficulty providing enough food for their members due to a lack of resources. Author Jane Oliver eloquently puts it this way:

“Competitive eating mocks struggles of the poor who worry about how to put any food on the table to feed themselves and their children. How disrespectful it is for those suffering from malnutrition in famine or drought-stricken regions to see such blatant, unnecessary gorging for the sake of ‘sport.’ These contestants make a game out of stuffing themselves to sickening levels while almost one billion don’t even have access to enough calories”

Legally, can you be kicked out?

“I could not find this issue adjudicated,” Los Angeles-based, Loyola Law School contracts law professor, Bryan Hull says, and suggests, “management should have a time limit, or language that would spell out the terms so that customers know what they are getting into. A restaurant could refuse to serve someone who has abused the system. If they sued, the damages, if any, would likely be the cost of the buffet.”

Fair Dealing and Reasonableness

I discussed this issue with New York-based attorney Catherine Pastrikos Kelly. She has written extensively on the legal issues raised in implied contracts:

“Going to a restaurant and paying for food is an implied contract, and like all contracts, there is a duty of good faith and fair dealing. This means acting in a reasonable manner.

At a buffet, even an all-you-can-eat buffet, a customer would be expected to eat what a person would reasonably eat at one meal.

“For example, it would not mean eating 30 to 40 lobsters or multiple trays of food or practice for an eating competition, for that is not what a reasonable person would do. In situations where the customer is acting outside the scope of what a reasonable person would do, management would be well within their rights to make them stop, or pay extra, and potentially, to leave the premises.”

So a sign that says “all you can eat” doesn’t mean we get to abandon all logic and human decency. Let’s enjoy ourselves within reason.

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 they kick you out of an AYCE restaurant for eating too much? appeared first on Dennis Beaver.

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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