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Nintendo has filed a lawsuit against a streamer called EveryGameGuru, accused of streaming gameplays of pirated games before they were even released — and of providing viewers access to piracy tools and illegal copies of the games.

EveryGameGuru allegedly streamed Mario & Luigi: Brothership across five days, weeks before its official release on November 7. After Nintendo had the videos taken down from various platforms, including YouTube, they continued live streaming on Loco and even included a QR code for their CashApp handle.

Nintendo said EveryGameGuru sent the company an email, saying it has “a thousand burner channels” and “can do this all day.”

Don’t anger the house of Mario! The company is asking for $150,000 in damages per violation of its copyright. 404media did the math: That could add up to millions, seeing as the suit cites at least 10 games, streamed on at least 50 occasions.

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As millions of Americans have lost their jobs, Congress is trying to figure out what to do to help those who have also lost their health insurance.; Credit: South_agency/Getty Images

Mayra Jimenez had just lost the job she loved — and the health insurance that went along with it.

The 35-year-old San Francisco server needed coverage. Jimenez has ulcerative colitis, a chronic condition. Just one of her medications costs $18,000 per year.

"I was just in panic mode, scrambling to get coverage," Jimenez said.

A recent estimate suggests the pandemic has cost more than 9 million Americans both their jobs and their health insurance.

"Those numbers are just going to go up," MIT economist Jon Gruber said. "We've never seen such a dramatic increase in such a short period of time."

House Democrats introduced a bill in mid-April to help the millions of people, like Jimenez, who find themselves unsure of where to turn.

The Worker Health Coverage Protection Act would fully fund the cost of COBRA, a program that allows workers who leave or lose a job to stay on their former employer's insurance plan. COBRA currently requires workers to pay for their entire premium, including their employer's share.

The Worker Health Coverage Protection Act is one bill being considered as Congress tries to figure out what to do about the very real health care gap for those millions who have lost their jobs. Sponsors of the COBRA legislation say they hope their plan gets rolled into the next relief bill. But it's unclear when, how and whether the problem will get addressed in upcoming coronavirus relief measures.

Jimenez learned COBRA would run her $426 a month.

"I was kind of shocked to hear the number," she said. "That's almost half my rent."

The idea of allowing laid-off workers to stick with their coverage at no cost in a pandemic has clear appeal, says Gruber.

But he warns, "COBRA is expensive, and for many employees, it won't be there."

Only workers who get insurance through their employer are eligible for COBRA, leaving out more than half of the 26 million who have lost jobs in the last few weeks. Many of the industries hit hardest by COVID-19, including retail and hospitality, are among those least likely to offer employees insurance.

And even if someone had insurance through work, the person loses COBRA coverage if the former employer goes out of business.

Funding COBRA costs, federal dollars also wouldn't go as far as they could. Unpublished Urban Institute estimates show that an employer plan costs, on average, about 25% more than a Gold plan on the Affordable Care Act exchanges.

"We need to be all hands on deck, spending whatever we can to help people," Gruber said. "But that doesn't mean we shouldn't be thinking about efficient ways to do it."

Congress has tried this move before. In response to the Great Recession, lawmakers tucked a similar COBRA subsidy into the massive stimulus bill a decade ago. That legislation paid for 65% of COBRA premiums, leaving laid-off workers to cover the rest.

A federally commissioned study found that COBRA enrollment increased by just 15%. Mathematica senior researcher and study co-author Jill Berk said workers skipped the subsidy for two main reasons.

First, only about 30% of eligible workers even knew the subsidy existed.

"For those that were aware," Berk said, "their overwhelming response was that COBRA was still too expensive."

At that time, the average premium for a single worker — even with the subsidy — ran about $400 per month for a worker with family coverage.

"When you're actually facing those choices, choosing between rent and food and other bills," Berk said, "that COBRA bill looks quite high."

Berk's team also discovered that people who reported using the subsidy were four times more likely to have a college degree and a higher income than those who passed on it. In other words, Berk found that the COBRA subsidy was least helpful to those with the greatest need.

Several economists, including Gruber, and some Democrats in Washington are kicking around alternatives to COBRA. Among their ideas is a plan to have the federal government pick up more of a person's premium and other expenses on the Affordable Care Act exchanges. Another proposal would extend ACA subsidies to people who earn too much to qualify for any aid and to lower-income people who live in states yet to expand Medicaid.

Compared with funding COBRA, beefing up ACA subsidies could potentially help millions more people, including the pool of laid-off workers who did not get health insurance from their employer.

The ACA ties subsidies to people's income, giving more help to those at the bottom end of the wage scale and spending less on those who are better off. In contrast, the current COBRA plan would cover 100% of COBRA for everyone, regardless of the person's income.

There are some downsides to this approach. Making ACA subsidies more generous could end up costing the federal government more overall, because it gives more help to a lot more people.

Chris Holt from the American Action Forum, a conservative think tank, points out that the ACA already increases federal support when people's earnings fall and questions how much more of the tab Washington should pick up.

"If that subsidy would have been good enough for someone six months ago, why is it not good enough now?" he asked.

Maybe the biggest challenge to building on the ACA: The 10-year-old law remains a political football.

"There's just so much both emotion and, frankly, bitterness tied up in debates," Holt said, adding that this makes it hard to move anything forward.

Holt notes that COBRA is not free of political hang-ups either. He expects a fight over whether subsidy money can be spent on employer plans that cover abortion services, for example.

Holt and Gruber agree that perhaps the easiest idea is to leave the ACA alone with one minor tweak: allow people to take the ACA subsidy they're already eligible for and use it on COBRA if they choose.

As for Jimenez, she did not have time to wait for Congress. She brought in too much from unemployment to qualify for Medicaid. And she couldn't afford COBRA, so she picked out a plan on the ACA exchange, where she's eligible for generous existing subsidies. It will cost her $79.17 per month, and she gets to keep her doctors. Not everyone does.

This is the first time she has ever purchased insurance on her own, rather than gotten it through work — and that has delivered one other unexpected benefit.

"Freedom," Jimenez said. "It feels so freeing to take charge of my health care and to know that no one can take this away from me. I don't have to rely on a job to give me what they want to give me. I can make my own choices."

Policymakers, providers, employers and health-industry executives have been fighting over whether the United States should tie insurance to work since the end of World War II.

Subsidizing COBRA preserves the status quo, while doubling down on the ACA might just start to drive a real wedge between work and health insurance.

As states begin reopening businesses, some laid-off workers will get back their jobs, as well as their insurance. But many will remain unemployed and uninsured. A decade ago, faced with the same challenge, Congress chose to subsidize COBRA. It proved to be a narrow solution with limited impact.

Lawmakers now have the ACA at their disposal, a tool that may be a better fit for this moment. Whether they choose to use it may be a choice grounded more in political realism than policy idealism.

Dan Gorenstein is the creator and co-host of the Tradeoffs podcast, and Leslie Walker is a producer on the show, which ran a version of this story on April 23.

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: smartboy10/Getty Images

A for-profit college received millions of dollars from the federal government to help low-income students whose lives have been upended by the coronavirus outbreak, but that same school, Florida Career College (FCC), is also accused of defrauding students.

A federal class-action lawsuit filed on behalf of students in April calls FCC "a sham" and alleges that, long before the pandemic, the college was targeting economically vulnerable people of color. The plaintiffs say the vocational school enticed them with false promises of career training and job placement — but spent little on instruction while charging exorbitant prices and pushing students into loans they cannot repay.

The lawsuit comes as thousands of colleges across the country are receiving federal emergency relief in response to the coronavirus pandemic. Through the CARES Act, FCC has been allotted $17 million. The law requires that at least half of that money goes directly to students, but makes few stipulations for the rest of it.

Experts say the complaint against FCC raises serious concerns about the college's ability to safeguard taxpayer dollars, as well as its ability to serve its own students.

In a statement to NPR, Florida Career College General Counsel Aaron Mortensen says: "This lawsuit is baseless legally and factually. Though we cannot comment because the matter is in litigation, we will aggressively fight these false allegations."

Equipment was "at best limited, and at worse, nonexistent"

Plaintiff Kareem Britt was working as a cook when he noticed a Facebook ad for FCC.

"Are you tired of working minimum wage jobs? Eating ramen noodles?" the ad asked. "Are you ready to step up to steak? HVAC degrees make $16 to $23/hr."

An FCC representative told Britt that a degree could change his life and that the school would help him land a job. He qualified for a $6,000 federal Pell Grant and an FCC "scholarship loan" for $3,000. Britt decided to enroll in the HVAC training program.

After classes began, though, Britt says equipment necessary to learn the trade was in short supply. "Tools, machinery, and other learning devices were at best limited, and at worse, nonexistent," according to the complaint.

When it came time for the school to help Britt find a job, he says, FCC found him just two, two-week placements, and he failed to find HVAC work on his own. Making matters worse, once he'd finished school, Britt learned that he had also taken on federal loans worth $9,500, which he must now pay back as a hotel cook, the same kind of job he'd held before enrolling.

Reverse redlining

The complaint alleges that Florida Career College, along with its parent company, specifically targets economically vulnerable people of color.

"They are recruiting at majority Black high schools," says Toby Merrill, director of the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, one of the organizations representing the plaintiffs. "They are putting up billboards in towns where the population is mostly Black. And they're doing a lot of advertising on social media where you can choose to target your ad essentially by race."

Stephen Stewart is Jamaican and says he was drawn to an FCC ad on Instagram. He decided to visit campus, and says one word captures his experience: "pressure."

Like Britt, Stewart was considering FCC's HVAC program. After his tour, when a representative told him the program would cost more than $20,000, Stewart balked. He remembers the representative pushed, telling him: "'I know so many students that have went here... I'm talking about people with five, six kids in a worse situation than you're in.'" Stewart was 20 at the time and childless. "'You're telling me that they can go through this, make their payments and pay off their tuition, and you can't?'"

Stewart enrolled in FCC's HVAC program after being promised that, within a year, the school would find him a job in his field.

The complaint takes aim at these recruiting practices. It alleges that FCC is selling the promise of a career and financial success to cash-strapped communities of color where college feels out of reach, "discriminating against students on the basis of race by inducing them to purchase a worthless product by taking on debt they cannot repay."

According to Education Department data, 85% of FCC's students are people of color.

This practice of discriminating by targeting students of color has a name: Reverse redlining — a reference to the historical practice of excluding African-American families from home ownership and denying them access to services. Reverse redlining is illegal, and it's what sets this suit apart from previous legal battles over alleged predatory practices by for-profit colleges.

"In a weekly memo to my board last Friday, I said, 'So the new angle of attack against our sector is that we are predatory to minority communities,'" says Steve Gunderson, head of Career Education Colleges and Universities, an organization that serves as the national voice for career education schools like FCC.

"We have always celebrated the fact that approximately 45 to 50% of the students in our schools are African American and Hispanic," he says. "We're proud of that."

"Classes were a scam"

Long before the federal government granted FCC $17 million in pandemic relief, the school was already largely government-dependent. According to federal data, the lion's share of FCC's revenue — 86% — comes from federal financial aid funds, namely Pell Grants and student loans.

At the same time, federal data also suggest that the college fails to prepare many students for their chosen professions. Under an Obama-era rule known as "gainful employment," schools could lose access to federal aid if graduates don't earn enough income to repay their student debts. According to the complaint, 16 of the 17 FCC programs evaluated under the gainful employment rule failed that metric, meaning graduates weren't able to repay their loans. (The gainful employment rule was repealed in 2019.)

The median annual earnings of FCC graduates who ultimately found employment ranged from $8,983 to $32,871, according to the suit, which helps explain why, according to the most recent federal data, just 23% of FCC students have been able to pay down any of their loans' original balance within three years of leaving.

"Classes were a scam, a waste of time," says Stephen Stewart. The equipment was "limited" and "outdated," he says, and the instructor admitted to the class that he had little experience with HVAC. Stewart's worst day, though, came near the end of his nine-month program when he visited the career services department to ask when they'd help him find a job as they had promised.

Stewart says he was given a list of possible HVAC companies and told, "'You gotta get your job.'" So he did, with no help. But Stewart says it was clear that FCC hadn't given him the skills he needed to keep up in the job, let alone succeed, and he ultimately left. Today, Stewart is $15,000 in debt and says he feels "shattered" by the whole experience.

"The thing that upsets me the most about this is how much it preys upon people's hopes and dreams," says Ben Miller, who studies higher education accountability at the left-leaning Center for American Progress. "You know, you have a lot of folks who want to make a better life for themselves. They have maybe one shot at college, and you rip them off and basically ruin it."

But Gunderson takes a very different view, as head of the national association for postsecondary career colleges.

"[This lawsuit] is so frustrating, because this is nothing more than an organized national effort to destroy the reputation of the [career college] sector," he says.

Gunderson insists that career colleges, including FCC, have been held to unrealistic standards. He points to the gainful employment rule, which he says measured students' incomes relatively soon after graduation. "You've got to go into the five- or 10-year mark before most of these occupations have what you and I would call our respectable salaries."

But federal data also show that, even 10 years after enrolling in FCC, more than half of its students still didn't earn more than the typical high school graduate.

Gunderson says this lawsuit is just the latest salvo in a decade-long fight to discredit for-profit, career colleges — a fight he calls "monotonous and disappointing."

"Even if you're doing a terrible job"

The law requires that at least half of the $17 million FCC is receiving through the CARES Act must go directly to students, but makes few stipulations for the rest of those funds. In a letter, U.S. Education Secretary Betsy DeVos said institutions have "significant discretion" on how to award the assistance to students.

"We stand ready to deliver these funds," said Fardad Fateri, the head of FCC and its parent company, International Education Corporation, in a press release. "It is important we get these grants into the hands of our students right away, so they can better deal with this crisis."

FCC's $17 million is a small piece of the more than $14 billion lawmakers set aside in the CARES Act to help colleges and vulnerable students during the coronavirus pandemic. But Ben Miller says, in Congress' haste to help schools that serve low-income students, lawmakers are giving money to many schools with questionable records like FCC's.

"When there's no consideration of quality or outcomes, it's potentially a big award, even if you're doing a terrible job," Miller says.

Meanwhile DeVos has also championed separate policies that have made it easier for schools like FCC to continue to enroll students and receive federal student aid even as their graduates struggle. In 2019, DeVos repealed the Obama-era gainful employment rule that would have denied low-performing schools access to federal student aid.

Under the Trump administration, the Education Department has also changed the College Scorecard, a website meant to help prospective students compare colleges by price and performance. The department has removed easy access to schools' loan repayment rates. In 2018, it also removed another important metric: How the earnings of a school's graduates compared to the earnings of high school grads.

"Rather than highlighting institutions that show the best employment and loan repayment outcomes for students, this administration has made a concerted effort to hide this information from students with no explanation as to why," says Michael Itzkowitz, who was director of the College Scorecard during the Obama administration. "What's become more transparent is their willingness to prioritize certain institutions — namely for-profits — even if those aren't the best options for students choosing to pursue a postsecondary education."

The Education Department did not respond in time to requests for comment.

When students filed suit against the now-defunct for-profit Corinthian Colleges, claiming, like Britt and Stewart, that their schools had made promises about job placement and future earnings that they simply did not keep, DeVos revised another rule, known as "borrower defense," to make it more difficult for defrauded borrowers to get their money back. But the revision was so strict that 10 Senate Republicans joined with Democrats in March to rebuke the education secretary and reverse her decision.

This content is from Southern California Public Radio. View the original story at SCPR.org.

; Credit: smartboy10/Getty Images

A for-profit college received millions of dollars from the federal government to help low-income students whose lives have been upended by the coronavirus outbreak, but that same school, Florida Career College (FCC), is also accused of defrauding students.

A federal class-action lawsuit filed on behalf of students in April calls FCC "a sham" and alleges that, long before the pandemic, the college was targeting economically vulnerable people of color. The plaintiffs say the vocational school enticed them with false promises of career training and job placement — but spent little on instruction while charging exorbitant prices and pushing students into loans they cannot repay.

The lawsuit comes as thousands of colleges across the country are receiving federal emergency relief in response to the coronavirus pandemic. Through the CARES Act, FCC has been allotted $17 million. The law requires that at least half of that money goes directly to students, but makes few stipulations for the rest of it.

Experts say the complaint against FCC raises serious concerns about the college's ability to safeguard taxpayer dollars, as well as its ability to serve its own students.

In a statement to NPR, Florida Career College General Counsel Aaron Mortensen says: "This lawsuit is baseless legally and factually. Though we cannot comment because the matter is in litigation, we will aggressively fight these false allegations."

Equipment was "at best limited, and at worse, nonexistent"

Plaintiff Kareem Britt was working as a cook when he noticed a Facebook ad for FCC.

"Are you tired of working minimum wage jobs? Eating ramen noodles?" the ad asked. "Are you ready to step up to steak? HVAC degrees make $16 to $23/hr."

An FCC representative told Britt that a degree could change his life and that the school would help him land a job. He qualified for a $6,000 federal Pell Grant and an FCC "scholarship loan" for $3,000. Britt decided to enroll in the HVAC training program.

After classes began, though, Britt says equipment necessary to learn the trade was in short supply. "Tools, machinery, and other learning devices were at best limited, and at worse, nonexistent," according to the complaint.

When it came time for the school to help Britt find a job, he says, FCC found him just two, two-week placements, and he failed to find HVAC work on his own. Making matters worse, once he'd finished school, Britt learned that he had also taken on federal loans worth $9,500, which he must now pay back as a hotel cook, the same kind of job he'd held before enrolling.

Reverse redlining

The complaint alleges that Florida Career College, along with its parent company, specifically targets economically vulnerable people of color.

"They are recruiting at majority Black high schools," says Toby Merrill, director of the Project on Predatory Student Lending at the Legal Services Center of Harvard Law School, one of the organizations representing the plaintiffs. "They are putting up billboards in towns where the population is mostly Black. And they're doing a lot of advertising on social media where you can choose to target your ad essentially by race."

Stephen Stewart is Jamaican and says he was drawn to an FCC ad on Instagram. He decided to visit campus, and says one word captures his experience: "pressure."

Like Britt, Stewart was considering FCC's HVAC program. After his tour, when a representative told him the program would cost more than $20,000, Stewart balked. He remembers the representative pushed, telling him: "'I know so many students that have went here... I'm talking about people with five, six kids in a worse situation than you're in.'" Stewart was 20 at the time and childless. "'You're telling me that they can go through this, make their payments and pay off their tuition, and you can't?'"

Stewart enrolled in FCC's HVAC program after being promised that, within a year, the school would find him a job in his field.

The complaint takes aim at these recruiting practices. It alleges that FCC is selling the promise of a career and financial success to cash-strapped communities of color where college feels out of reach, "discriminating against students on the basis of race by inducing them to purchase a worthless product by taking on debt they cannot repay."

According to Education Department data, 85% of FCC's students are people of color.

This practice of discriminating by targeting students of color has a name: Reverse redlining — a reference to the historical practice of excluding African-American families from home ownership and denying them access to services. Reverse redlining is illegal, and it's what sets this suit apart from previous legal battles over alleged predatory practices by for-profit colleges.

"In a weekly memo to my board last Friday, I said, 'So the new angle of attack against our sector is that we are predatory to minority communities,'" says Steve Gunderson, head of Career Education Colleges and Universities, an organization that serves as the national voice for career education schools like FCC.

"We have always celebrated the fact that approximately 45 to 50% of the students in our schools are African American and Hispanic," he says. "We're proud of that."

"Classes were a scam"

Long before the federal government granted FCC $17 million in pandemic relief, the school was already largely government-dependent. According to federal data, the lion's share of FCC's revenue — 86% — comes from federal financial aid funds, namely Pell Grants and student loans.

At the same time, federal data also suggest that the college fails to prepare many students for their chosen professions. Under an Obama-era rule known as "gainful employment," schools could lose access to federal aid if graduates don't earn enough income to repay their student debts. According to the complaint, 16 of the 17 FCC programs evaluated under the gainful employment rule failed that metric, meaning graduates weren't able to repay their loans. (The gainful employment rule was repealed in 2019.)

The median annual earnings of FCC graduates who ultimately found employment ranged from $8,983 to $32,871, according to the suit, which helps explain why, according to the most recent federal data, just 23% of FCC students have been able to pay down any of their loans' original balance within three years of leaving.

"Classes were a scam, a waste of time," says Stephen Stewart. The equipment was "limited" and "outdated," he says, and the instructor admitted to the class that he had little experience with HVAC. Stewart's worst day, though, came near the end of his nine-month program when he visited the career services department to ask when they'd help him find a job as they had promised.

Stewart says he was given a list of possible HVAC companies and told, "'You gotta get your job.'" So he did, with no help. But Stewart says it was clear that FCC hadn't given him the skills he needed to keep up in the job, let alone succeed, and he ultimately left. Today, Stewart is $15,000 in debt and says he feels "shattered" by the whole experience.

"The thing that upsets me the most about this is how much it preys upon people's hopes and dreams," says Ben Miller, who studies higher education accountability at the left-leaning Center for American Progress. "You know, you have a lot of folks who want to make a better life for themselves. They have maybe one shot at college, and you rip them off and basically ruin it."

But Gunderson takes a very different view, as head of the national association for postsecondary career colleges.

"[This lawsuit] is so frustrating, because this is nothing more than an organized national effort to destroy the reputation of the [career college] sector," he says.

Gunderson insists that career colleges, including FCC, have been held to unrealistic standards. He points to the gainful employment rule, which he says measured students' incomes relatively soon after graduation. "You've got to go into the five- or 10-year mark before most of these occupations have what you and I would call our respectable salaries."

But federal data also show that, even 10 years after enrolling in FCC, more than half of its students still didn't earn more than the typical high school graduate.

Gunderson says this lawsuit is just the latest salvo in a decade-long fight to discredit for-profit, career colleges — a fight he calls "monotonous and disappointing."

"Even if you're doing a terrible job"

The law requires that at least half of the $17 million FCC is receiving through the CARES Act must go directly to students, but makes few stipulations for the rest of those funds. In a letter, U.S. Education Secretary Betsy DeVos said institutions have "significant discretion" on how to award the assistance to students.

"We stand ready to deliver these funds," said Fardad Fateri, the head of FCC and its parent company, International Education Corporation, in a press release. "It is important we get these grants into the hands of our students right away, so they can better deal with this crisis."

FCC's $17 million is a small piece of the more than $14 billion lawmakers set aside in the CARES Act to help colleges and vulnerable students during the coronavirus pandemic. But Ben Miller says, in Congress' haste to help schools that serve low-income students, lawmakers are giving money to many schools with questionable records like FCC's.

"When there's no consideration of quality or outcomes, it's potentially a big award, even if you're doing a terrible job," Miller says.

Meanwhile DeVos has also championed separate policies that have made it easier for schools like FCC to continue to enroll students and receive federal student aid even as their graduates struggle. In 2019, DeVos repealed the Obama-era gainful employment rule that would have denied low-performing schools access to federal student aid.

Under the Trump administration, the Education Department has also changed the College Scorecard, a website meant to help prospective students compare colleges by price and performance. The department has removed easy access to schools' loan repayment rates. In 2018, it also removed another important metric: How the earnings of a school's graduates compared to the earnings of high school grads.

"Rather than highlighting institutions that show the best employment and loan repayment outcomes for students, this administration has made a concerted effort to hide this information from students with no explanation as to why," says Michael Itzkowitz, who was director of the College Scorecard during the Obama administration. "What's become more transparent is their willingness to prioritize certain institutions — namely for-profits — even if those aren't the best options for students choosing to pursue a postsecondary education."

The Education Department did not respond in time to requests for comment.

When students filed suit against the now-defunct for-profit Corinthian Colleges, claiming, like Britt and Stewart, that their schools had made promises about job placement and future earnings that they simply did not keep, DeVos revised another rule, known as "borrower defense," to make it more difficult for defrauded borrowers to get their money back. But the revision was so strict that 10 Senate Republicans joined with Democrats in March to rebuke the education secretary and reverse her decision.

This content is from Southern California Public Radio. View the original story at SCPR.org.

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