Tesla urges you to arbitrate any disputes, but then sabotages out-of-court process

The 2016 Model S 75D I bought from Tesla last November had dents, scratches and crude, mismatched touch-up paint on the lower bumper -- damage that wasn't shown in photos of the car sent to me by the electric-car maker. See photos below.

When I picked up the car at the Paramus, N.J., dealership, a delivery adviser said Tesla no longer repairs this kind of damage, which might have occurred when the car was transported by truck from storage in Newburgh, N.Y.

EV maker refuses to pay $500 fee,

ends my bid to get bumper repaired

Editor's note: A few weeks after I posted this, Tesla paid the arbitration fee and after more back and forth with a lawyer, the EV maker agreed to replace -- not just repair -- my front bumper for a payment of $500. 

By VICTOR E. SASSON
EDITOR

HACKENSACK, N.J. -- Tesla owners agree no other electric-car maker can match the stunning technology packed into their vehicles.

But most of us also agree few companies have such poor customer service.

The latest example is Tesla refusing to pay the $500 filing fee required when a customer submits a dispute to arbitration -- short-circuiting the out-of-court process.

I got the bad news last week in an email from the American Arbitration Association.

I had filed a request that Tesla repair damage to a used Model S I bought from the company website last November, and paid a $200 filing fee.

A Tesla-authorized body shop gave me an estimate of $5,000 for replacing the damaged front bumper, although I'd be happy with just repairs and repainting.

Now, my only recourse is to file a small claims case in the Civil Division of Superior Court, where the maximum recovery is $3,000.

Agreement to arbitrate

I got the idea to submit my dispute to arbitration from the Motor Vehicle Purchase Agreement I received with my 2016 Model S 75D.

On Page 2, under "Agreement to Arbitrate," the company states, "Please carefully read this provision, which applies to any dispute between you and Tesla Inc. and its affiliates."

"If not resolved within 60 days, you agree that any dispute...will not be decided by a judge or jury, but instead by a single arbitrator in an arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules."

Victor Sasson v. Tesla Motors

On June 9, 2020, I got an email from the association, notifying me Tesla has not paid the $500 filing fee required of a business to cover the "costs of arbitration."

I was asked if I was willing to "advance the unpaid fees" so the case could proceed, but they turned out to total $4,400 -- a $500 filing fee, a $1,400 case-management fee and a $2,500 arbitrator's fee.

Fuggedaboutit!

In subsequent emails, I was told the $200 filing fee I paid wasn't refundable.

And "Pro Se Administrator No. 5" declined to say whether Tesla has shown a pattern of refusing to take part in arbitration by not paying the fee required of a business.

"That is private information," I was told.

NEW BUMPER: On Oct. 30, 2020, I picked up my Model S with a new bumper, painted to match my multi-coat red paint job. 

Read: You can do better 

than Tesla's offer on a trade-in

Manhattan was our oyster as we visited public sculptures in Harlem to the Battery

DUKE ELLINGTON: This memorial to the dapper jazz pianist and bandleader, above and below, is on Fifth Avenue and 110th Street in Manhattan, in the northeast corner of Central Park. It's 25 feet high.

GATEWAY TO HARLEM: Ellington is one of four African-Americans honored at Central Park North, along with Malcolm X, Adam Clayton Powell Jr. and Frederick Douglass.

Opening up after the lockdown,

the city still is easy to navigate

By VICTOR E. SASSON
EDITOR

HACKENSACK, N.J. -- A list of public sculptures I hand-copied from a newspaper more than a decade ago has always tempted me, but Manhattan usually is so frenetic, I just transferred the piece of paper from one planner to another year after year.

Now, with the city just starting to emerge from the long lockdown designed to stop the spread of the coronavirus, my wife and I decided Saturday seemed like a good time to go and see them.

The weather was sunny but cool, traffic was light; and we could stop, park and photograph them without a problem.

After we crossed the George Washington Bridge, we visited the sculptures from north to south.

Now, I'll be looking for an updated list of sculptures, monuments and statues to explore on a future trip into Manhattan.

KEITH HARING: This Crack is Wack mural was painted by artist Keith Haring on handball court walls in 1986, and was intended to send a serious anti-drug message to the community, according to the city Parks Department. Go to East 127th Street, Second Avenue and the Harlem River Drive.

I'M LATE, I'M LATE: This large bronze statue of Alice, the White Rabbit and the Mad Hatter from Lewis Carroll's classic book is in Central Park. Enter the park on Fifth Avenue near 76th Street, and ask for directions to the statue.

ROCKEFELLER CENTER: This mosaic, "Intelligence Awakening Mankind," is on the wall above the entrance to 1250 Avenue of the Americas (Sixth Avenue).

VENUS DE MILO: This sculpture by Jim Dine, on Sixth Avenue and 53rd Street, wasn't on our list, but I took a photo from the car as we drove away from the Rockefeller Center mosaic in the photo above.

GAY LIBERATION: Also on our list was the Stonewall Inn at 51-53 Christopher St., in Greenwich Village, where we saw an updated message from the Black Lives Matter movement.

LGBTQ: Stonewall Inn was a gay bar that was raided on June 28, 1969, but patrons and a crowd outside resisted. "This uprising catalyzed the LGBTQ civil rights movement, resulting in increased visibility for the community that continues to resonate in the struggle for equality," according to this plaque.

BUST OF SYLVETTE: Designed by Pablo Picasso and fabricated by Norwegian artist Carl Nesjar, this massive stone sculpture is in the courtyard of 505 LaGuardia Place in Manhattan. 

UNDER WRAPS: Charging Bull, a bronze sculpture on Broadway, just north of Bowling Green in Manhattan's Financial District, has been covered to prevent any damage during Black Lives Matter demonstrations and protests, and was being guarded by several police officers on Saturday. They directed us to the statues in the photos below.

OUR FIRST PRESIDENT: This large bronze sculpture of George Washington is on a pedestal in front of Federal Hall at 26 Wall St., where he was sworn in as the first president of the United States in 1789. 

WOMEN'S DAY: The Fearless Girl Statue was moved to protect it during the protests. The statue, commissioned by an asset management company, was installed on March 7, 2017, the day before International Women's Day.

OUR LAST STOP: The Group of Four Trees at the Chase Manhattan Bank Plaza was our last stop before we drove home. The address is 28 Liberty St. in Manhattan.

ONE WAY: On the way to see Group of Four Trees, the navigation system in our Toyota Prius sent us down this "street" in the Financial District. Our Prius just fit.

Costco Wholesale keeps seniors guessing as warehouses adjust to panic shopping

SOCIAL DISTANCING: The Costco Wholesale warehouse in Teterboro, N.J., makes checking out during the Covid-19 pandemic easy by having an employee send members -- who form a single line -- to a usually empty checkout lane. I was next when I took this photo on April 21.

GUESSING GAME: But Costco keeps older members guessing by changing the hours for ages 60 and above at least 3 times in the last month or so. Now, those hours in Teterboro are 8 a.m. to 9 a.m. weekdays, forcing older members to show up an hour earlier than before.

Older members must deal  

with 3 changes in special hours

By VICTOR E. SASSON

EDITOR

HACKENSACK, N.J. -- A couple of days ago, I showed up at my Costco in Teterboro at around 9:30 in the morning to find no line of members outside the warehouse.

Inside, I found paper towels, toilet paper and spring water -- all of which were running low during our quarantine.

A week earlier, there were no paper towels to be had after a long line of members were allowed into the warehouse starting at 8 a.m., and sacked the place, as often happens at Costco warehouses and other food stores during the Covid-19 pandemic.

I wasn't aware that Costco Wholesale had revised opening hours for the Teterboro warehouse, as well as the special hour reserved for members ages 60 and over.

New hours

Now, older members are allowed in from 8 a.m. to 9 a.m. weekdays -- an hour earlier than before, and the third time the special hour has been changed at the Teterboro warehouse, which opens to all members at 9 a.m.

But the Costco warehouse in Wayne -- known for its house-label imported and domestic wines, as well as premium brands of liquor -- doesn't open for seniors until 9 a.m. and for others until 10 a.m.

On May 4, the Costco Business Center in Hackensack closed to walk-in business so I can no longer go there from my home a couple of miles away, if I run out of an item.

You can find "Coronavirus Updates" on the website of your Costco warehouse.

Whole Foods Market in Paramus also reserves 8 a.m. to 9 a.m. for 60-plus shoppers.

Warehouse clubs

Costco is a multi-billion dollar global retailer with more warehouse club locations than either of its competitors, Sam's Club (owned by Walmart) and B.J.'s Wholesale Club.

In January 2018, Walmart announced the closing of 63 Sam's Clubs across the United States, including one in Fairbanks, Alaska.

A Costco Wholesale opened for business in the same building in November 2018, a few months after the Sam's Club closed.

In New Jersey

I am a loyal Costco shopper for many reasons, including an 18-inch food court pizza for $9.95, an increasing number of organic foods and produce; fresh wild-caught fish and a pharmacy.

I shop for food at Whole Foods and ShopRite, too, but Costco's prices are lower, and often there are sales or instant savings taken at the register on many items.

Costco Travel can save you money on tours, flights, hotel rooms and rental cars. 

Costco also has an auto buying and discount service program; and sells insurance and home improvements.

Free membership

Best of all, a Costco membership basically is free, if you use the Costco no-fee Visa credit card, earning 4% cash back on gasoline purchases (even at Costco), 3% on restaurant meals, 2% on travel and 1% on all other purchases. 

I have an Executive Membership for $120 a year, but earn 2 times or 3 times that much in cash back every year. A regular membership is $60 a year.

Main Street in Hackensack is a lot quieter, but ethnic restaurants are open for takeout

Calling all of you lazy, apathetic and stupid Hackensackers: You can vote from home

NO POSTAGE NEEDED: You were able to vote from home in the Hackensack school election, and no postage was necessary. I returned mail-in ballots for my wife, my son and I, marking them for the Three Dads: Michael R. Oates, Anthony F. Rodriguez and Christopher M. Coleman. We also voted "no" on the proposed $85.2 million tax levy.

NEARLY HALF YOUR TAXES: In recent years, the bloated Hackensack school budget has exceeded the city's own budget, and now accounts for nearly half of your property taxes.

Only 8.5 out of 100 residents
 had say in 2019 school election

Editor's note: The Three Dads were elected on May 12, 2020, to three 3-year seats on the Board of Education. See updated vote results in the comments section at the end of this post. 

By VICTOR E. SASSON
EDITOR

HACKENSACK, N.J. -- If you prize your right to vote, you might be shocked at how few residents bothered going to the polls in the 2019 school election.

Only 8.53% of registered voters -- or 8.5 out of 100 -- voted or mailed in ballots for the contest on April 16, 2019.

That means only 1,915 ballots were cast by 22,447 voters registered in Hackensack, according to the Bergen County Clerk's Office.

The turnout in 2018 was even lower: 

Only 1,638 ballots were cast by the 21,303 registered voters -- or 7.6 out of 100 -- in the April 17, 2018, school election.

The May 12, 2020, election set some sort of record, according to the Bergen County Board of Elections, which said a total of 3,071 mail-in ballots were returned.

Delayed election

The Covid-19 pandemic pushed back this year's election to May 12 from April 21, and all voting was by mail-in ballots.

So, the legions of lazy, apathetic and stupid voters in the city had no excuse for not weighing in on filling three seats on the 9-member Board of Education, as well as voting "yes" or "no" on the proposed $85.2 million tax levy.

Not only was your right to vote at stake in the election:

About 45% of your property taxes go to support the schools, so instead of constantly bitching and moaning about "high taxes," you should have gotten off your duff, mailed in your ballot, and had a say in how they are spent.

$131M budget

The proposed 2020-21 Hackensack school budget of $125.8 million grows to $131.7 million after federal and state aid, grants and entitlements.

The school budget totaled $117.8 million for 2018-19, and $128.6 million for 2019-20.

Pocketbook issues are supposed to bring voters out, but in past elections even fewer Hackensack residents weighed in on the proposed tax levy to support the school budget than voted on candidates.

The exception was a special election on Jan. 22, 2019, when the only item on the ballot was the school board's grandiose $170 million school construction and renovation plan.

To pay for a new junior high school and other work, taxpayers would have been hit with a tax hike of $308 to $650 and more a year for 30 years.

A total of 2,917 ballots were cast by 22,126 registered voters to defeat the plan, for a turnout of 13.18%.

2020 election

In the May 12 election, the candidates known as the Three Dads were running under the banner of Hackensack Smart Schools, the team that defeated the wasteful $170 million construction and renovation plan in January 2019.

And they were endorsed by Mayor John Labrosse and other City Council members, who in recent years have tried to wrest control of the school board away from officials loyal to the Zisa family political dynasty.

The Three Dads

Michael Oates, who was in ballot position 4, is a father of 3 children attending city schools, and a lieutenant in the Hackensack Fire Department.

His wife, Toni Imperiale, is an attorney.

Anthony Rodriguez, in ballot position 5, is a father of 3 (2 of whom are attending city schools), and a sales manager at a Fortune 500 company.

Christopher Coleman, in ballot position 6, is a trial attorney, and father of 3 children attending city schools.

Read more about them and their platform here: About the Smart Schools Team.

Their opponents for a 3-year term on the Hackensack school board were:

Jennifer Maury, who works in the Tenafly public schools; David Dungey, a Hackensack business owner; and Monica M. Pelaez, a surgical technician at Hackensack University Medical Center.

MAIL-IN BALLOT: The ballot had two parts, the candidates for 3-year seats on the Hackensack Board of Education, left; and the proposed $85.2 million tax levy, right -- about 45% of your property taxes. You could choose 3 candidates and vote "no" on the tax levy. If it was defeated, the City Council could review and possibly revise the budget.

ENVELOPES: Besides the ballot, voters received another envelope for the completed ballot, below; vote by mail instructions and a letter from Bergen County Clerk John S. Hogan.

DON'T FORGET TO SIGN: There were several places for your name, address and signature, above and below.

An abundance of hope but little joy shown as I walk neighborhood during pandemic

On my late-afternoon walk in my Hackensack neighborhood yesterday, this sign expressing hope was rare but welcome ...

...And last week, this small sign at the base of a tree in front of a house on Anderson Street was a bright spot.

  

I discover corners
 of the Fairmount section

 of Hackensack I never saw
 from the car

There are no shortages of signs expressing thanks to healthcare workers and others who are keeping us safe, delivering essentials to our homes and keeping food stores stocked...

...This home and others along Summit Avenue fashioned their own signs.

A first in Hackensack was Tuesday's school election -- by mail-in ballot only -- to chose three members of the 9-member Board of Education.

This is one of the shuttered, abandoned or condemned homes I saw during my walks...

...While this structure on Euclid Avenue is being gutted and renovated after serving for many years as what neighbors suspected was an illegal rooming house.

I'm trying to remember when I saw a kid playing outside since people started quarantining in mid-March.

-- VICTOR E. SASSON

In 2019, The Record and NorthJersey.com lost 16,000 readers daily, 19,600 Sunday

READERS FLEE: The Record of Woodland Park and the Hackensack Chronicle, a weekly that reprints stories and other material from the once-great daily newspaper.

How low can circulation,
 ad revenue go before 
 Gannett folds print edition?

Editor's note: At the end of this post, I've added a link to my July 2016 report on how the Borgs took Gannett's money and ran.

By VICTOR E. SASSON
EDITOR

HACKENSACK, N.J. -- The Record of Woodland Park and NorthJersey.com have slipped to 9th place among Gannett Co.'s major publications and digital platforms.

In 2016, the year the Borg family sold them to Gannett, the once-great daily newspaper and its website were listed 3rd (in readership or circulation) after USA Today and the Detroit Free Press, according to the annual report issued in April 2017.

The 2019 annual report released on April 18 lists circulation or readership of The Record and NorthJersey.com as 52,623 daily and 70,682 on Sunday.

That's a decline of 16,oo7 daily and 19,670 on Sunday from circulation figures listed for the print edition and website -- 68,630 daily and 90,352 Sunday -- in the 2018 annual report.

At the end of 2016, the combined circulation or readership was listed as 235,681 daily and 147,609 Sunday.

With daily readership in 2019 less than a quarter of what it was in 2016, and with Sunday circulation at less than half of the original, further losses in revenue might prompt Gannett to fold the print edition. 

A drastic decline in local news, and the decision in 2019 to limit some digital access to subscribers likely are factors in the plummeting readership.

Ad revenue sinks

The amount of circulation is the primary factor in the pricing of advertising space, meaning Gannett likely has had to reduce how much it charges for ads in The Record and on NorthJersey.com.

Print advertising alone accounted for about 37% of "our total revenue" nationwide as of Dec. 31, 2019, according to Gannett.

"Additionally, brick-and-mortar businesses are significant consumers of print advertising and with the rise of digital commerce many of these types of businesses have -- and continue to -- close retail outlets, which adversely affects the demand for print advertising," the 2019 annual report says.

10 N.J. dailies

Many of the department stores, restaurants and other businesses that Gannett has relied on for advertising revenue have been shuttered by the Covid-19 pandemic. 

The 2019 annual report says Gannett owns 10 daily newspapers in New Jersey, 6 weeklies and 2 production facilities.

Gannett lists the total number of its local media organizations in 46 states and on Guam as 261 daily newspapers and 302 weeklies, plus 72 production facilities.

More layoffs

On April 27, the New Jersey Globe reported The Record "axed" Editorial Page Editor Bruce Lowry, calling him "the latest casualty in layoffs occurring throughout the Gannett organization."

"The move comes four weeks after Gannett began furloughing employees due to the economic effects of the deadly coronavirus," wrote New Jersey Globe Editor David Wildstein, who referred to the paper as the "Bergen Record."

As an executive at the Port Authority of New York and New Jersey, Wildstein was a key figure in the Bridgegate scandal during the administration of Chris Christie, the worst governor in New Jersey history. 

Wildstein's New Jersey Globe reported "Gannett Statehouse bureau chief John McAlpin is on furlough this week, along with columnist Charles Stile and reporter Ashley Balcerzak."

More from Wildstein

"That's 3/5s of Gannett NJ's Statehouse idled at home when people want and need information the most," tweeted Bergen Record reporter Dustin Racioppi.

"Jennifer Jean Miller, who broke a huge story this month about 17 bodies being found at the Andover Subacute facility was laid off from her job as a reporter for the Gannett-owned New Jersey Herald," the Globe said.

"Other Gannett New Jersey reporters have also lost their jobs over the last three days," the Globe's April 27 report said, "including one journalist who is pregnant with a due date in the next two weeks."

"Dan Sforza, the executive editor of The Record, has not replied to four direct messages seeking comment on Gannett layoffs...." 

MOUND OF DIRT: The Borg family retained ownership of nearly 20 acres along River Street in Hackensack, where The Record's old headquarters gave way to many big mounds of dirt, foreground. The Borgs' plan to build luxury apartments and work on other apartment projects on Main Street have been suspended during the Covid-19 pandemic. 

GateHouse and Gannett

Last summer, Wildstein reported, GateHouse Media acquired Gannett for $12.06 a share. 

"The deal was structured to include a massive debt that would require hundreds of millions in cuts to pay back a $1.2 billion loan that was part of the deal to keep them afloat," he said, adding Gannett stock plummeted to 64 cents almost three weeks ago, "signaling immense problems ahead for the company.

"The stock is currently trading at 78 cents a share," Wildstein's Globe reported on April 27.

Read: NorthJersey.com limits

 stories to subscribers

Read: 2019 Gannett Co. Annual Report

Read: The Borgs took Gannett's money and ran ...