on our continuing journey across america. watch us. the willis report is next. >> hello. tonight on "the willis report." three days to go before the first obamace debt by the white house changes the law again we have the latest in customers are screaming mad target is not doing more to help them after a data preach can consumers be made whole? the second busiest shopping day of the season we will tell you where retailers are doing to get you in their store. we are watching out for you. tonight. "the willis report." gerri: the willis report

your show. your money. your voice. the government is backtracking as if things could not get any more confusing the administration into a changes the rules for consumers yet again days before the big deadline. todd miller at the american enterprise institute joins us now. thank you for being with us. here is what they say if your health care insurance policy was canceled you can claim the hardship exemption not responsible for coming to terms to be the individual mandate. i thought thi was the law of and we were all subject to obamacareow the government comes to terms that people cannot sign up for coverage? >> that was yesterday's law it is ke the night at the

improv comedy keeps coming on but it is sad the policies are changed and revised i am looking for new nocemes r christmas ste will probably have a new health care policy for other aspects. gerri: you're not seriously suggestinge will get more announcements? >> yes. this administration with its approach is like somebody who is behind on a very expensive loan normally the loan shark cuts of the thinkers aof the toes but the administration does it is self with those provisions that are no longer workable. gerri: so it is toolate to t this idea the ftasy that somehow the obama will follow its own way?

i don't see that. >> correct. >> this is what hhs said. >> of the consumer believes the plan option is more expensive the and the canceled health insurance poli they could be eligible for catastropc coverage r t hardship exemption. that is more expensive than obamacare coverage? really? >> it could . the actual premiums would be loaded if they ofhe fully loaded policies you will not get any subsidies for the catastrophic coverage even if you bought it through the change. that is the difference from net cost but this backtracks that the coverage scheme, regulationsubsidies are not working and for the people who work their way through the web site

they are told thank you very much that we will let you off the hook. that is a bet -- a bad headline. gerri: listening to what the president said. >> the basic structure of the lais working. you still have to laypeople that signed up those that rolled through in the first three weeks of december alone. gerri: what? really? i don't think that is true? >> note. they're all kinds of fake numbers the 2 million came from adding medicaid some could be bag and tk to work out the details later it is fuzzy for those who

had gotten these applications. remember last week's rule was you did not have to pay for this insurance they will now cover you for a period of time but we will make it up later. these are pele who did not complete the process but it is better on the state exchanges. gerri: we are running a list of delays. 24 that is what we calculated. 24 changes. that was to be the perfect sotion cut the costing keep your doctor the world is your oyster now more people have lost insurance coverage take a look at these numbers. 365,000 cancellations calations, nearly 6 million. i see this as a tragedy for

the american people. >> it is an embarrassment. we cannot just make things up but turns out that is what goes on. gerri: i agree. looking for word i am afraid to say 2014 will be its own problem looking for those who provide coverage it is more expensive and they get less options? >> not only led be higher or your doctois not in the network and the first month in particular i a nightmare for matching up as opposed to what the paper work shows and who is holding t bag what is not regular reimrsemt. >> that is scary. people are going to the doctor or dead hospital to

find out you don't have coverage. thank you for coming on. it is a pleasure to see you. merry christmas. >> un tell the next surprise >> we will have you back now end exclusive update. target response to the llis report on the fallout of mlions of customers impactedy that date a breach. we have co-founder and chairman of identity theft 911. great to have you. 40 million americans in t cross hairs facing what could be a financial loss or identity theft we don't know. what do you make of it? >> el link him breath is still unknown. we just know they found out out, it s revealed by some of the processors.

some people were notified by crit-card companies, a target made a stement we ill try to gather the full dimensio but i is pretty serious. gerri: we go to night mentioning security, of th numbers that were stolen debit and credit card numbers are out there sold by criminals and to other criminals. maybe were shopping at target on black friday value reformation is sold at 20 or 100 bucks periece for your formation right here probably russian criminals buying your information on the black market is a tragedy. people pass th off as just another blow up. i believe targets >> they are fighting the uphill battle and by the way

>> uphill battle? what did they do? where is the ceo? they put out some p.r. releases but will not pick up the phone how many tweets or facebook post from people who sat on the phone trying to talk to somebody from target nobody gets on the phone with them? >> it is outrageous thhre a flaw someone managed to exoit that as people were exploiting debit car and credit cards now they have announced today there'll be free cret monitoring. gerri: that is not a comfort. the information has already been stolen now you tell me you ofr free credit

monitoring? now they say if you have a loss they will make you whole t you may not kno forwhile. maybe it happens down the road. >> one of the things that is important people have to look at credit accounts and they count on a daily basis. they should do this anyway. to make sure every transaction th see is there's. people may want to replace their cards this could be part their buying ptern people also have to remember gerri: but you cannot find orall on consumers shoulders it just is not good enough. i want you to hear from the people trying to get target to respond

>> are you kidding me? after 48 minutes on hold been a busy signal and the call is dropp. completely unacceptable. >> white you cancel everyone's card and reised to everyone since none of us can get through? people would be grateful for the pro-active nature. >> target needs to do more to protect its customers data to restore confidence how come it has not gotten ahead of the news? but 22 days between the time the rip-off started in the date they said somethi apparently reporters were calling them from al over the country they did not say anythi they let people use the credit cards and put themselves at risk. why?

trying to uphold their good name during the season? crazy. >> there are situations where of a data em preach you hear the alarm sometimes they cannot be discovered right to way. sometimes law enforcement investigates and they tell the target they dealt with their release that does not excuse the problem. gerri: target did not even find out first. they had to be told by other people in thindustry. this is not a problem on the web but in the real world that they were not able to handle now 40 million americans, who knows? will they be ripped off?

will they have their identity stolen? we have radio silence. >> we don't knowo far target maintains the pin number for the debit card has not been compromised. if they are you have another set of problems because it is one thingfor someone to use your debit card for a spific transaction it is another thin if it is used anti-atm machine. gerri: that was the goo news the numbers were not stolen. >> but the biggest problem it is not the first. i a -- it will not be the last the bsiness community does not take this as seriously as they should. breach after breaching an issue after issue. and what they need to protect themselves and they

don't create systems that respondent to people when there is a breach to make sure they are taken cre of. gerri: i agree. we running out o time. think you f coming. we appreciate it. thing gives you still have time to give an end more on a maive story from a target as lawsts kyle in against the discount retailer.

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gerri: the problems for target keep coming. not just dealingith the fallout of a security breach but now being sued by customers for invasion of ivacy and negligence. can and ese cases stand? let's ask ou guests. >> we don't like target right now bu we will not make any money off suing target to avert the customers that this is what happened very qckly they did that.

but the credit card is paid via by the company. gerri: 2 days? reporters were calling them but they heard nothing spinet they had still have full disclosure w with data reach where once they know that they are to do it immediately. >> that was reasonable to do the own internal investigation also t. j. max gerri: this is a different case realorld theft not online. >> but these magnetic cards in exience for ever. he would thk with this particular point the point i try to make is that aspect

has had stakes in other situations there is settlements because this offer issues are knn. these are not new problems. >> igave you that but with dollars and cents in front of a jury or judge for damages you rlly have damageshen everything is paid for? >> that is a problem. >> but the person in the street yes the fraudulent charges my be paid by somebo ails the late payment fees what about ovdraft protection or entity theft? >> i agree with all of that. >> i completely agree but in the court of loss. -- court of law. i agree. i love to shop there but now claims scared. but they say we take care of all of that then there is nothing to argue about.

>> but they don't. >> they will. >> other retailers there was $7 million worth of damages with 40,000 class members they got what it is $75 each gerri: the reality is this is unacceptable thhs is their responsibility. let's talk about this what is valuable? that the inventory? the stores or real estate? >> than they are not protecting that they have our information stolen. >> but the problem is in a court of law at what happened. >> but this period was during the black friday period. they tried to patronize the

stores now they get this? >> no target tells people to go out and cancel the card in the middle of the holiday season before the biggest shopping day of the is ludicrous. >> now it is a rl problem. >> elevate it out in front it? they should ve done it two weeks ago. >> wouldet the statues they will not be held accountable in a court. >> there is already a lawsuit in california. it is unfortunate weon't have a federal statute. >> so it was meaningful to the company bunot the consumers. >> but the consumer is capped >> it could be a tiny amount we will pay you back. gerri: why isn't the ceo talking about this?

>> they should be. this is an outrage. gerri: i apologize. merry christmas. think you very much. braving the malls he will tell you which poll out the stops and heading to "consumer reports" for you procrastinators looking for something to put under the tree. tree. ♪ hi honey, did you get e aster cozy?

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gerri: the clock is tickg as americans wait until the last minute finish shopping habit you find the best cadging a gift? visiti "consumer reports" testing ceer. the holiday season people are not done. >> as of early december only one-third have started so lot of the stores there will be marathon shopping. gerri: believe ll hardest for the last. >> spouses, a significant others children never to m3 but who's to the most regally kids with 39 percent of those surveyed in

"consumer reports" sai they will spend more money on their kids than anyone else. gerri: will cap the tablets with the ipad air? >> for the new one is thin and light colors are studying and realistic it is out 13.five hours of battery life it is easy to read it is about twice as fast. gerri: it's is lovely you also have the kid version. >> the curio is wonderful it is responsive with the silicone bper 63 pre-install caps with seven hours of battery life it you can access thparental controls.

gerri: so many worry and my otected. >> this is one of the best options out there we like the security inherited this pruct. >> if my husband came to me th this i should not be happy. >> you shouldave a more open mind if this is cool not like a vacuum cleaner but it a fun appliance th can do something you don't want to do. gerri: big concerns how this has been operated but the problem with these it seems ey miss a lot of areas but the i robot is terrific it picked up almost everything in its path when we tted it here at "consum reports" it did a terrific job it is programmable you

could have it after everybody is asleep it is for a hundred $50 butit was a standout. >> to be but once the of blue touse -- blue two's peopople can talk on the rplane it will sell out. >> this is superb. it offers blue tooth or wire cake about theapability in the blutooth realm and natalie that very good ways canceling properties for sizing comfort to a huge utility it is a terrific model. >> what you recommend? we back the buck stops here id nokia libya about would

hundred dollars with a two-year contract what sta out about this product is phenenal. with 1.to make a pixel and it can shoot a low light -onditions or photo correction. >> this is something that has reached new heights. gerri: why you have to wa to get yourax refund next year and what you should do about a. even during the busiestthis shopping season csumer is sick of the discounts why the fatigue? the fatigue? after the break. (vo) you are a business pro.

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energy lives here. gerri: the christmas season of midtown retailerspulling out all the stops to open their wallets wl this work here today if we have a personal finance expert. what are they doing? any other discounts? >> probably as good if not better. with the little electronic pet? [laughter] 3999. you will see good promotions across the board then the extended hours. gerri: we have aood graphic tell us about the

marathon retailer. >> around the clock they will be open crazy kohl' a macy's, a toys r us some going over 100 hours consecutively to bring in traffic is crazy. and some are extending free shipping as late as the 23rd with free shipping or expedited shipping. gerri: value? >> they guarantee. is crazy a phenomenal number because they know that people are shopping online and waiting and procrastinating. gerri: they're up against problems a shorter holiday. >> losing 1.5 biion cause of that. gerri: retailers have been so aggressive but what is intesting is ty don't get the sales they expected

even withhis craziness. >> table getome traffic the days ahead are the busiest shopping days as we go into next week it gets busy and saturday, but tomorrow is generally very busy so i think they will get the tffic but overall sales will be up three or 4% which is okay. you think it would be better >> with said gdp report he would think people would b more extended. >> that they are tired of the discounts. >> they are usedo free shipping something exclusive something not going out to

every tom dick and harry we e ovided with text messages total craziness. gerri: get a less than stick to window go further. american were criticized for consumer oriented to buy the new stuff are they over that? >>hey do but they buy a lot of junk showing a lot of people to have these budgets but they're worried they cannot keep the budget of 59 percent say they're more likely to vote that specifically those to go in there to spend the money like no tomorrow because they need more stocking stuffers.

gerri: we want to ask about reid shifting there's a poll that shows it is okay. do you go along with that? >> i agree but you have to do with the right way. i got a blue sweater was not my color but i knew it is exactly what he wanted and ur size i baby gift it. i would take it. >> i think it is perfectly fine and has become more acceptable. bore people do at. gerri: merry christmas. here is a question to you reid gift? i will share the results since most americans do what are the most common and gives? number five isewelry. year old stuff is just

vintage the picture frames. swap out the smiling faces. number three gt baskets. make re the items have not gone bad fir. [laughter] number two housewares. coffee makers, blunders, and the number one goes to be gifted item is clothing. i am shocked. but then they see you did not wear it to. always remember the cardinal rule is remembered you gave it to you in the first place. when we come back advi on the best retirement option and to the important steps to take this week to make the pavement of filing you taxes of little less. ♪

gei: youay have to wait longer to get your refund check the government shut down interrupted the tasks to update the processing systems so they have to start processing returns january 31st 10 days later than normal. great to have been on the set. people a a fan of the refund although i am not but they rely on the many the earlier the deadlock --he better. >> unfortunately these people wl have to wait it affes those that most needed the money.

they live paycheck to paycceck but those that file pay down holiday bil or essentials purchases. it is unfortunate but this if youse tax software to file your return you can start filing electronically through jiery second. we will hold the return and tell the irs opens the doors then they will transmit and it will be first in line to get the refund. gerri: h&r block isdoing that same thing but i do see people out there those who tend to be wealthier but you can do things right now to reduce the tax bill. what you think?

>> taxpayers will see sticker shock but this is a great time to look at your nations not only cash but furniture and toys can be written off on the t return to the extent that you value the. >> at the devil is with the details backs of your retirement the payment. whether the i.r.a. or the 401k plan iested in your future through your retirement plan is a great tax savings moved. gerri: this education savings is a good thing to reduce. >> everyone really college, which is very expeive.

it does provide tax benefits notnly college expenses so don't overlook that but these education benefits kim / that. gerri: i like playing with pretax dollars. if you get a bonus don't take it on christmas day. wait until to refers to t pu it into the nextyear. >> is a with deductions move those in to a 2013 for the immediate benefit. gerri: a lot of changes mi. ank you for coming on. merry christmas. for more last-minute tipsto and on wednesday, a christmas day user's guide to taxes everything you need to know not all 401k

programs are created eql you're looking well for you and your buddy some of the best on the market. [ male annouer ] how can por consumption in china, impact woolxports from new zealand, textile production in spain, and the use of medical technology in the u.s.? at t. rowe price, we understand the connections of a complex, global economy. it's jusone reason over 70% of our mutual funds beat their0-year lipper average t. rowe price. invest with confidence. with investment information, risks, fees and expenses to read and consider carefully before investing. hmm. mm-hmm. [ engine rev]

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gerri: i don't know about you but i use my 401k plan pay for mretirement so which companies have the top program? joining me now is the bright scope ceo.

this is fascinating because you have so much data at your fingertips with 401k. let's talk about how you come up with this list to help us know how the for a 1k plan is good. >> this iot a political contest your suey. be actually grabbed the fed to atements for each plan and we do a lot of procesng in putting into quantitative scoring model in trying to determine which plan will get you to retire but faster. gerri: what kinds of things you consider? is it the options it? we back the numb one tng is how much money actually goes into the planet your behalf with your deferral or that your company putsn for you for the mat.

fees, quality of deduction and options you have a good option? real-estate? bond? small-cap? how long does it take to you to gethe match. gerri: you have put it to gather. but now look at the number of wind 401k planin the country is the nfl career savingplan. how did that happen? >> they're highly paid when you see a very distinct employees that oftentimes the company is is a device to contribute more on belf of those employees because they do not want to lose them. in this case. gerri: and uited airlines pilots are southwest pilots

that are well paid ha good compensaon of packages what was the savings plan and saudi arabia of o? that was another plan that was incredibly generous. they just love the company because they say it does a lot including putting a ton of money in that h been on the list i think every year since we startedive years ago. then they decided to be so generous. %-those other plants.ut was there any surprises of companies that you expected to have good plansut were t so generous? >> i have been watching apple for several years it is a great cpany if you just held the stock for yourself you madeoney but the benefit will come in the form of other things outside

of the retirementlan relative to google's or i am it is just not that generous gerr that is fascinating wide you go to the trouble? >> our mission statement is about providing retirement security to the work force and providing trsparency it incentivizes whether the cfo or the plan sponso for the company like schwab who is of low cost index f the market pixel whole market better. gerri: fascinating. is a great coach check out the web site we will be right back with the user to the question of the day. the day. to you [ male announce] e new new york is open. open to innovation. open to ambition. open to boldids.

that's why n york has a new plan -- dozens of tax free zones all across the state. move here, expand here, or start a new businessere and pay no taxes for ten yea... we're new york. if there's something that creates more jobs, and ows more businesses... we'ropen to it. start a tax-free business at startup-ny.com. see who does good work and compare costs. it doesn't usually wor that way with health care. but with unitedhealthcare, i get information on quality rated doctors, treatment options and estimates for how much i'll pay. i don't like guesses with my business, and definitely not with our health. innovations that work for you. that's health in numbers. unitedhealthcare. you can fill that box and pay one flat rate. i didn't know the coal thing was real. it's very real...

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gerr according to a new fox

news poll,,more than 7-inchnd people say it is okay to every audi do that? here is what some of your posting on my facebook page. i've done it. it is thh thought that counts. jack rights, normally i have no prlem with it, but everyone should be reminded to always practice safe w give in. that means be discreet. we als asked the question on gerriwillis.com. 33% said yes, 37 rcent of you say don't do that to me. here are some of your e-mails. in response to your question of whether the government shoul provide job equality oror equalt opportunity, the government has no constitutional business guaranteeing any sort of jobs. give men need only get out of the way in a business to provide all the jobs. jim fromindiana says it cannot guarantee equal results. the best that we n do is to guarantee anqual opportunity. the results lie in theands of the individual. agree, jim. anrant from wisconsin agrees, it is not the government's job

to make sure erything is fair. life is not fair. having a skill set or knowledge enshrined productive results for your employer will get you ahead in this country. lincoln said, you cannot lift up the wage earne by bringing down the wage payer. we love hearing from you. send me any member. get to gerriwillis.com. consumers get the short end of thetick all too often, and so it is with the target breach of security. as we have been saying, cans have been exposed to identity theft a financialosses. consumers on the high. while targets says customers won't pay for losses, what about the pple lose the peace of mind or are forced to cancecel cardduring the holiday season. for its part,arget could have done a better job protecting yes. the company 20 days to make public the breach. their response after the announment was subpar. waited and waited and did not gea rponse. the mpanyl talks directly to the public.

me on and say something. consider this an invitation to come on "the willis report". that's my "2 cents more." and that's it for tonight on "the willis report thanyou for joining us. have a great night. >> this was the year of obamacare. >government shutdown. the government shutdown. john: i did notice that spending and i kept going on and poor people helped in ou government lied and lied about it. >> no one is listening to your telephone. >> and many policies are eager to go to work. >> this is not the time to be a silent spectator. >> the left was eager to pass more gun control.