for all of us here at fox business, i'm adam shapiro. happy motoring. ♪ ♪ watch us. the willis report is next. >> hello. tonight on "the willis report." three days to go before the first obamacare debt by the white house changes the law again we have the lates 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 wi tellou 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 y more confusing the administration into a changeshe rules for consumers yet again days before the big deadline. todd miller at the american enterise 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 clai the hardship exemption not responsible for coming to terms to be the individual manda. i thght this was the law of and we were all subject to obacare now the government cmes to terms that people cannot sign up for coverage? >> that was yterday's law it is like the night at the

improv comedy keeps coming on but it is sad the policies are changed and revised i am looking for new announcements for christmas steve will probably have a new health care policy for other aspects. gerri: you're noseriously suggesting we will get more announcents? >> yes. this administration with its approach is like somebody who is behind on a very expensive loan normally the loan shark cuts of the thinke a of the toes but the administratn does it is self with those provions that are no longer workable. gerri: so it is too late to but this idea the fantasy that somow the obama will follow its own way?

i don't see that. >> correct. >> this is what hhs said. >> of the consumer believes the plan optio is re expensive the and the canceled health insurance policy they could be igible for catastrophic coverage for the hardship exemption. that is more expensive than obamace coverage? really? >>t could be. the actual premiums would be loaded if theyof the 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, regulation, subsidieses are not working and for e pele who work eir way through the web site

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

d gotten through these applications. remember last week's rule was you did not have to pay r this insurance they will now cover you for a period of time but we will make it up later. these are people 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 w calculated 24 changes. that was to be the perfect solution 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 cancellatis cancellations, nearly million. i see this as a tragedy for

the american people. >> it is an embarrassment. weannot just make things up but it tur o thats what goes on. gerri: i agree. lookin for word i am afraid to say 2014 will its own problem looking for those who provideoverage itis more expensive and they g less optio? >> not only led be higher or your doctor is not in the network and the first mon in particular is a nightmare for matching up as opposed to what the paper work shows and who is holding the bag wh is not regular reimbursement. >> that is scary. people are going to the doctor or de hospital to

find out you don't have corage. thank u r comi 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 willis report on the fallout of millions of customers impacted by that data breach. we have co-founder and chairman of identity theft 1. great to have you. 40 million americans in the cross hairs facing what could be a financialloss 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 wws revealed by some of the processors.

some people were notified by credit-card companies, a taet made a statemen w still try to gather the full dimensions but it is pretty serious. gerri: we go to night mentioning security, of the numbers that were stolen debit and creditard numbers are o there sold by criminals and to other criminals. maybe were shping at target on black friday value reformation is sold at 20 or 100 bucks per piece for your information right here probably russian criminals buying your information on the black market is a tragedy. people pass this off as just another blow up. i beeve targets >> they ar fighting the uphill battle d by the way

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

monitoring? now they say if you have a loss they will make you whole but you may not know for awhile. maybe it happens dow the road. >> one of the things that is important people have to look at cred accounts and they count on a dai basis. they should do this anyway. to make sure every transaction they see is there' people may want to reace their cards this could be part of their buying pattern people also have to rememb gerri: but you cannot find or fall on consumers shoulders it just is not good enough. i wanyou to hear from the people trying to get target to respond.

>> are you kidding me? after 48 minutes on hold been a busy sial and the call isropped. completely unacceptable. >> white you canel everyone's card and reissued 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? t 22 days between e time the rip-off started in the date they said something apparently reporters were calling them from all over the country they did not say anything they let people use the credit cards and put themselves at risk. why?

tryi 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 the industry. this is not problem on the web but in the real wld that they were not able to handle now 40 million americans, who knows? will they be rippedoff?

will they have their identity stolen? we have radio silence. >> we don't kow so 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 thing for someone to use your debit card for a specific transaction it is another thingift is used anti-atm machine. gerri: that was the good news the numbers were not stolen. >> but the biggest problem it is not the first. i a - it will not be the last the business community does not take this as seriously as they shod. breach after breaching an issue after issue. and what thheyeed to protect themselves and they

don't create systems that respondent to pple when there is breach to make sure they are taken care of. gerri: i agree. we running out of time. think you for coming. we appreciate it. thing gives you still have time to give an end more on a massive story from a target as lawsuits kyle in target as lawsuits kyle in .gainst the discount see these hands? they gripped the wheel of humvee in afghanistan.

theshands? six years treating soldiers. twelve years, flying choppers. my hands? they're here for the person who fought in afghanistan. i made the call and got support for my sister. my hands are here for the person who treated those soldiers. i helped connect my son with the care he's earned. mine take care of the person who flew those helicopters. and if life gets overwhelming they're ready to dial the veterans crisis line. the veterans crisis line is here for all veterans and their loved ones. call 1-800-273-8255 and press 1. or chat onlinet veteranscrisisline.net

gerri: the problems for taet keep coming. not just dealing with the fallout of a surity breach but now being sued by customers for invasion of pracy and negligence. can and these cases stand? let's ask our guests. >> we don't like target right now but we wl not make any money off suing target to avert the customers that this is what happened veryuickly they did that.

but the credit card is paid via -- by the company. gerri: 22 days? reporters were calling them but they heard nothing spinet they had still have fullll disclosure with data reach where once they know that they are to do it immediately. >> that was reasonable to do the o internal investigation also t. j. max gerri: this is a different case real world theft n online. >> but these magnetic cards in existence for ever. would think with this particular point thpoint i try to make is th aspect

has had stakes iother situations there is settlements because this offer issues are known these are not new problems. >> i gave you that but with dollarand cents in front of a jury or judge for damages you really have damages wn everything is paid for? >> tt is a problem. >> but the person in the street yes the fraudulent charges may be paid by somebody ails the la payment fees what about overdraft protection or identity theft? >> i agree with all of that. >> i completely agree but in the court of loss. -- court of law. i agree. i lve to shop there but now claims scared. but they say we take care of all of that then there is nothing to argue about.

>>ut they don't. >> the 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 thh is their responsibility. let's talk about this what is valuable? is that the inventory? the stores or al estate? >>an 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 real problem. >> elevate it out in front of it? they should have donet two weeks ago. >> would get the statues they will not be held accountable in a court. >> there is already a lawsuit in california. it is unfortunate we don't have a federal statute. >> so it was meaningful to the company but not 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 outra. 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. ♪

gerri: the clock is ticking as americans wai until the last minute to finish shopping habit you find the best cadging a gift? visiting "consumer reports" testing center. the holida 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 fell hardest for the last. >> spouses, a significant others childn never to m3 but who's to the most regally kids with 39 percent of those surveyedin

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

gerri: so many worry and my protected. >>his is one of the best opons out there we like the surity inherited this product. >> ify husband came to me with this i should not be happy. >> you should have a me openind if this is cool not li a vacuum cleaner but it is a funppliance that can do something you don't want to do. gerri: big concerns how this has been operated but the problem with these it seems they miss a lot of areas but the i robot is terrific it picked up almost everything in its path when we tested it here at "consumer reports" it did a terrific job it is programmable you

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

hundred dollars with a two-year contract what stays out about this product is phenomenal. with 1.tmake aixel and it can shoot a low light -onditions or photo corrti. >> this is sothin that has reached new heights. gerri: why you have to wait to get your tax refund next year and what you shoul do about a. even during the busiest this shopping season consumer is sick of the discounts why the fatigue? the fatigue? after the break.

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rri: thechristmas season of midtown retaers pulling out all the stops to open eir wallets will this work ? here today if we have a personal finance expert. what are they doing? any other scounts? >> probably as good if not beer. with the little electronic pet? [laughter] 3999. you will see good promotions across the board then the tended hours. gerri: we have a good graphic tell us about the

marathon retailer. >> around thclock they will be opencrazy kohl's, a cy's, a ys r us some going over 100 hours consecutivelyto bring in trfic 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 becaethey know tha people are shopping online and waiting and procrastinating. gerri: they're up against problems a shorter holiday. >> losing 1.5 billion because of that. gerri: reilers have been so aggressive but what is intesting is they don't get the sales they expected

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

every tom dick and harry we are provided with text messages total craziness. gerri: get a less than stick to window go furth. americans were criticized for consumer oriented to buy the new stuff are they over that? >> they 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 budgs of 59 percent say ty're more likely to vote that specifically those to go in there to spend t money li no tomorrowecause th need more stocking stuffers.

gerri: we want to ask about reid shifting there's a poll at 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 b i knew it is exactly what he wanted and your size i babyt it. i would take it. >> ihink iis perfectly fi 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 gis? nuer five is jewelry. year old stuff is just

vintage the picture frames. swap out the smiling faces. number three gift baskets. make sure the items he not gone bad first. [laughter] number two housewares. coffee makers, blundersa the number oneoes to be gifted item is clothing. i am shocked. but then they see you did not wear to. always rember the cardinal rule is remembered you gave it to you in the first place. en we come back advice on the best retirement option and to the important steps to take this week to make the pavement of filing your taxes of little less. taxes of little less. ♪

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gerri: you may have to wait longer to get yourefund check the government shut down interrupted the tasks to update the processing stems so they have to start processing returns january 31st 10 days later than normal. great to have been on the set. people are a fan of the refund although i am not but they rely the many the earlier the deadlock -- the better. >> unfortunately these people will have to wait it affects those that most needed the money

they live paychecko paycceck but the that file pay down holiday bills or essentials purchases. it is unfortunate but this if you use tax software to file your return you can start fing electronically through jittery second. we will hold the return and tell the irs opens the doors then they will transmit and it wi be first in line to get the refund. gerri: h&r block is doing that same thing but i do see people out there those who tend to be wealthier but you can do thingsight now to reduce the tax bill. what you thin

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

it does provide tax benefits not only college expenses so don't overlook that these education benefits k / 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 to push itinto the next year. >> is a with deductions move those in to a 2013 for the immediate benefit. gerri: lot of changes comi. thank you for coming on. merry christmas. for more last-minute tips to and on wednesday, a christmas day user's guide to taxes everything you need to know no all 401k

programs are created equal you're looking well for you and your buddy some of the best on the market. ♪

gerri: if you want to know which companies offer the which companies offer the best choralks

gerri: i don't know about you but i use my 401k plan to pay for my retirement so which companies ve the top progra joing me now is the bright scopeceo.

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 is not a political contest your survey. be actually grabbed the fed to statements for each plan and we do a lot of processing iputting into quantitive scoring model in trying to determine which plan will getou to retire but faster. gerri: wt kinds of things you ider? is it the options it? we back the number one thing is how much money actually goes into the planet your behalf with your deferral or that your company puts in r you for th match.

fees, quality of deduction and options you have a good option? real-este? bond? small-cap? how long does it take to you to get the match. gerri: you have put ito gather. but now look at the number of wind 401k plan in the country is the nfl career savings plan. 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 behalf of those employees because they do not want to lose them. in this case. gerri: and united airlines pilots are southwest pilots that are well paid have od

compensation of packages what was the savings plan and saudi arabia of oil? 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 at has been on the list i think every year since we started five years ago. then they decided to be so genero. %-those other plants.ut was there any surprises of companies that you expected to have good plans but were not so generous? >> i have been watching apple for several years it is great company ifyou just held the stock for yourself y made money but the benefit will come in the form of other things outside of the retirement plan

relative to google or i am it is just not that generous gerri: that is fascinating. wide you go to the trouble? >> our mission statement is about providing retirement security to the work force and providing transparency. it incentivizes whether the cfo or the planponsor for the company like schwab who is of low cost index forhe market pixel whole market better. gerri: fascinang is a great coachhe out the web site. we will be right back with the user to the question of the day. to you

gerri: according to a new fox news poll,,more than 7-inch and

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 count jack rights, normally i have no problem with it, but everyone should be reminded to always practice safe we give in. that means be discreet. we also asked the question on gerriwillis.com. 33% said yes, 37 percent 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 should provide job equality or equality of opportunity, the governmen has no constitutional business guaranteeing any sort of jobs. give men need only get out the way in a business to provide all the jobs. jim from indiana says it cannot guarantee equal results. the best that we can do is to guarantee an equal opportuni. the results lie in the h hands f the individual. agree, jim. and rant from wisconsin agrees, it is not the government's job

to make sure everything is fair. life is not fair. having a skill setr knowledge enshrined productive results for your employer will get you ahead in this country. lincoln said, you cannot lift up the wage earner by bringing down the wage pay. we love hearing from you. send me any member. get to gerriwillis.com. consumers get the short end of the stick all too often, and so it is with the target breach of security. as we have been saying, 40 million amerins have bn exposedo identity theft and financial losses. consums on the high. while targets says customers won't pay for losses, what about the people lose the peace of mind or are forced to cance cards during the holiday season. for its part, tart cou have done a better job protecting yes. the company days to make public the breach. their response after the announcement was subpar. waited and waited and did not get a response. the company cl talks directly to the public.

come on and sayomething. consider this an invitation to come on "the willis report". that's my "2 cents more." and that's it for tonight on "t willis report." thank you for joining us. have a gat night a go. ♪ >> voters are ticked. welme come i am melissa francis in for neil cavuto and the obama administratn investing millions from the health care insurance mandate. americans whose policies were canceled won't be penalized. aansas governor says democrats still have a lot to do to sway the public by nember's election. and that's a long way away. >> people have toremeber that 2000 cortis year in which they try to navigat