>> thanks so much. >> thank you for having me. >> all the best. "a christmas story:the musical" running at madison square garden for three weeks,s don't miss w w w w w w w w w w s don't miss it. good night from new york. >> when your christmas gifts to arrive late that is bad when you sh that targets them the credit card is packed that is really bad but things got worse because now the politicians are involved. i am liz macdonald. democratic senator immediately calling for ups to give customers refunds for room late customer deliveries and to bob menendez wants the government involved in the target mass. he wants the ftc to investigate and have mre

teeth to deal with it. we have executive editor gretchen hugh says keep the politicians out of it they may get worse. what you make of this news that the politicians are getting involved? >> i think it is political grandstanding try to take a vintage of the issue that is top of the ne and also insert their issue into a bigger government policy. what we have sen is the senators need to look in the year and remembered what they promised the people including obamacare debtor just worse off and have bigger broken promise they and not delivering a christmas gift. liz: i hereby you are saying but there is late breaking news that target house says

that's actually the pin numbers that you use to access they could have taken that code. but senator mendez says this breach is scary wants the for him to get that involved with the target problem? >> i don't see how we will solve the issue. with identity fast it is a cat and mouse game with the hacker tries to outpace the people who try to figure out where the holes are and how to patch them. we also saw this with health care website. they were born and again and again with exposing social security numbers and we have seen several of hundreds of thousands of people so the government doesn't have a good record tuesday in dawn it is an a problem just of

thprivate sector reseed this again and again with the government. liz: we have representative diana black to says i have the bill made to win back to tell americans of their personal information was packed into of that teeeighteen web site but we see no movement on that? >> not on that friday and when it comes to cgress everything is at a pause but between target and what the government is doing target is being affright telling than the steps they are taking but when it comes to the government's they are not being so up front with what is it is not out there and what the breaches are. liz: go back to senator bennett as that seems like more penalties and fines would you already have the

justice department he and secret service but with ubs the senator comes out of connecticut to say ups should do more with refunds but they are already doing that. we have the retailers themselves possibly over promising saying you will get your package is even if u order today's before isn't it more of a market problem? >> we should be happy because the economy may we is getting people to spend money we saw a ups and fedex and the u.s. ps did not take into account did not take into account the influx of orders. that is good. you have to see the silver lining they made promises they could not keep but they are trying to things to make

a right and the postal service's government run also but consumers have the ability not to buy into thos promises when it comes to what the government is offering we don't have that option. liz: and also getting christmas gifts delayed retailers have been grooming -- grooming consumers to wait until last minute. >> that is a chance that you take i had family members have procrastinated and some people did notave gas under the tree. liz: thank you for joining -s. did ups overpromise and under deliver? here to talk about the dangers of what are they? >> the classic relationship marketing problem it is about 10 times cheaper to

reta a cusmer then acquire a new one. it is a simple economic equation and people need to focus on being empathetic to the customer to realize the relationship goes back -- both ways and that you show your true colors to talk to them honestly. liz: intesting. do you think the consumer this time they will cut ups some slack that just this one time but if you do it again next year watch out? >> i think so. i think that customers will try them one more time and it is critical between now and valentine's day that they have achieved its to do

something that has gone wrong. liz: who performed the worst? which gives not arriving on time? who really needs to get their act together? >> i think both the marketers and the dlivery people. we live in a time where self understands myyface gestures it is ridiculous to see we have all this data in technology but to get more realtime more productive to really make a change the way customers perceive the branch. it is on both parts of the marketers. liz: thank you for joining us. target now just confirming in crib did debit card pin data of really was stolen during the massive

hackmatack and my next guest is one of the 40 million victims that were hit. after using heard debit card more than $1,000 was removed from her big accounts. think you for joining us on the phone. >> thank youor having me. >> can you tell us exactly what happened? >> dell ising california and i did shopping on the 15th guy did a debit card purchase when they came back to las vegas i have heard on the radio about the breach and of course, i called bank of america right away and talk to customers service and she said they were well aware and they were monitoring the accounts very closely and assured me everything was okay. the next day i go on line to pay bills and they see western union transfer

$1,084. i said did you do this? i called bank of america right away a and they said hold on behalf to transfer so then they tell me they will call western union right away did she tells me within an hour it went to western union gets on the phone they tell me it has already been sent out -- said doubt it will be charged they said we had your code and your expiration date. who did you send it to? and western union was not helpful whatsoever that they could not give me the information and they said it went to canada. liz: let's stop there because sometimes in this situation the people involved say food do you believe? they will push back to save

the age you ever use western union before? so knu addressed those things had you use them before or actually connected your shopping at target with fat hitting your account? >> not right now it is the only time it has ever been compromised i have never done western union and it was online. liz: so how do you connected to a target? >> i used to december 15 i use my pin code that is the only way they could have gotten it. liz: i hope get your money back is there any movement on that front? >> bank of america told the rich take between 48 and 72 hours they did get it back into my account late christmas eve. liz: we are happy you had a good christmas. think you for joining us.

>> can i say one thing. i'd like to say to all the people out there that were compromised don't listen to yr financial institutions have your car blocked and get a new one. liz: great device. we have a new liberal tv ad hitting the airwaves are attacking republicans at christmas time but doesn't go too r? the judge for yourself. this is the quicksilver cash back card from capital one. it's not the "fumbling around with rotating categories" card. it's not the etting blindsided by limits" card. it's the no-game-playing, no-earning-limit-having, deep-bomb-throwing,

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>> republicans strip 1.three billy americans of jobless benefits for those who cannot find a job kicking them to use a curb so very christmas from the g.o.p. liz: those jobless benefits have already been extended over five years that = two o foxbusiness.com/cavuto temporary extensions the liberals still push to extend jobless benefits tomorrow to accuse the g.o.p. for routing christmas by letting them expire.

kato economist says the best present for the unemployed is tough love. it is trending but it is trendy around 3914% with high jobless rates with african-americans so i would say cutting out extend the benefits again? >> the key issue is not just the unemployment rate but the labor force participation rates people going into the disability program we have a labor market that is not creating jobs and what frustrates me about an ad in the whole political conversation w should figure out how to figure out private-sector job creation going again that is the best thing not permanent long run government dependency where the skills are there with a

giant fly got there resonate out of work for a couple of years that makes them difficult to be employed making them is dependent is not the answer. liz: is a you say the g.o.p. wants to cut off the benefits to kick them to the curb that is not really what is going on? >> both parties are afraid to be called mean during the holidays sees the benefits but the academic evidence is pretty clear like from larry summers and paul krug men if you extend benefits you extend unemployment because you pay people on the condition they don't have a job maybe we talk about jay went down on their luck hard cases where we have sympathy that is why the focus should change what could be reduced the burden of spending and regulation mike obamacare. people to want to hire new

workers because they are now liabilities with obamacare. liz: the first priority should have been jobs. i feel we have fallen into the looking glass we have the same conversation the president again talks about it, and in the quality. why? because of the lack of job growth? >> that is a key factor if you have a permanently stagnant economy what happens? poisonous political fights how to we slice the pie i am better off because she were worse off that is why we have to focus on growth and you don't get that with what obama has been doing with higher tax rates and i am not making a partisan point because bh did a lot of the same mistakes. liz: your behalf head the

with the tax code agent for new drain capital by taxing capital out of the private sector it does not create jobs. >> that is why the obama class warfare agenda to punish the successful is so destructive because you've eats away at the economy. liz: and taxing the brackets will not create jobs. have a good weekend. the goverent already takes one-third of every dollar you make now health care takes another $0.25 of every dollar you will not have a dive last.

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liz: for millions of americans the affordable care act is turning it to be anything but affordable. a new study shows middle-age people could spend as much as 25% of their aid you in, for health care costs. that is jus more bad news and "fortune" magazine is here also. >> this is the united states of america we are supposed to be a republic, a capitalist and we are socialized medicine. it is just not going to work detest the young people are supposed to take care of the old people now they have to take cre of the middle-class? the bill just bail so wre will the money come from? it will fail. >> first of all, it is not socialized medicine that is not what this is that wod

be if the goverernment provided health care which is not what the act as envisioned. it is a way to get insurance to everybody that is a difficult process it i a clumsy process but the people in particular the middle class that fall just over the threshold to qualify are being hit with very high health care cost is favored to buy insurance from one of the state-fded exchanges but the question is what is the alternative? what would they have done before? maybe that is even more than 25 percent of their health care. >> a year we saved a year we have all you can eat fast %-package you may not need or use the and if you have older people getting hit

being faced with downsizing these individuals will say i don't know if i can afford the health insurance coming my way. >> they will be downsized out of their homes they may not even survive. this could be life-and-death for older people. i appreciate the theory but it is working. the deadline keeps getting moved back and why the rules are changing in the president unilaterally says we will do this because it isn't working. >> you can say that it is not working but that doesn't mean it isn't working be you can save hundreds of thousands of people have signed up, the implementation is not going as well as everybody but like it to go. it is not a life-and-death when 20 million do have

access to health care. liz: but if 30 million people are on the streets but they were getting health care through the emergency room system but you make the important point that talking about the threshold where you don't get the subsidies will recede middle-class america to save taxes are coming i will try to come down my income to get the subsidies rather than have the irs come after them? >> that is in interesting scenario similar to rich people or others that say i like to pay my taxes in the united states ally will move somewhere else some people will behave that way but most people will say it is what it is. >> the aricans' overall

all the polls show they don't like obamacare. it is too expensive it is supposed to be affordable care act but did is more expensive for everyone. %-25 percent of income? it. there is no way of. >> d'tconfuse people there was a study done in california that showed some people who are near the threshold may have to pay 25 percent under one of the plan so don't confuse people >> right here we were saying that we talk abou the high cost of affordable care that receive with premiums and deductibles spiking but there is another issue to hit onuickly is the ever changing deadlines at some point will this become an issue of the 14th

amendment equal protection under the law? that i am not getting a waiver i don't get equal protection is there a constitutional problem? >> absolutely when it was pushed through a barely passed now we have all these changes how can the president do that unilaterally? i think the jury did new year the republicans wil challenge him on that. liz: you have been terrific. up next he will not belie the story. you could wind up in trouble and happened to one couple and it can happen to you. don't go away. i take prilosec otc each morning for my frequent heartburn.

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liz: right to a negative review online. then you have to write a check because you are fined?

one couple was just find a $30,500 for writing a negative review about a gadget retailer a couple complained in 2008 about christmas guests said they say did daughter arrived and now five years lar cleared year once 35 for the dollars in fines and has even reported the couple to a collection agency that could damage their credit score. we have one guess is as they are right to our neck says the couple is correct civic the couple has the right to freepeech they should say if they are dissatisfied she only posted she could not get to a human that is a factor not defamatory this happened in 2008 net a big company can sw the prove they have the ability to institute a finer it is part of a contract in if they could there is no contract

so clear deere never provided merchandise in exchange for the couple. liz: there is a non disparagement claus with terms of sale? period those are becoming more and more common as retailers are online. i have a website i hope people who do we review it would be honest and truthful saw whether or not this was trees fall and whether or not this couple recently contracted away their right to first amendment speech because you can give up certain rights. liz: i don't get it. now all the sudden shopping is about contracts and not disparagement? what is going on? this sods crazy seven companies have a lot of problems because people are doing internet shopping

they're concerned about anything that could make them look bad. however they bury the language so you think i paid $50 and in the staging get this church if it comes with the whole you should be able to say i am not happy customer service was terrible but instead they say no matter what you cannot speak your mind. liz: explain to the viewer isn't on the internet or the web site? >> often there is a disclaimer with any purchase that you have too quick to agree to terms it is very small print document it is buried in their you're not allowed to do this it in the event you do recall if i knew and 72 collections. liz: give me a final argument if you agree why

this is good for retailers. do you agree? vitter i don't agree that anything should be us up arenahink the contracts should be easily explained or understood by its allotted times lawyers are writing these contracts you just want to buy the cover but consumers need to be clear of the terms of the contract before they take this step. liz: i am global way do you think it is a good way to have these clauses? just to go on the web site to buy some key your? >> it is hard for retailers and a do think there is an argument for the couple but at the same time the couple in the people who were out there need to be very careful they don't see

something that is not true or disparity because they could be steered. liz: really apprecie you coming on the show. get ready. new year's eve will look like black friday but not looking for bargains. looking for bargains. he government is now just by talking to a helmet. it grabbed the patient's record before we even picked himp.

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liz: when the government said remember you could not buy 175 lots incandescent light bulb? starting jay dray first they are beginning also the 45 band 60 watts efficiency is on also pushing for more green energy and energy regulations are pushing electricity prices to record highs this is just

government regulation run amoo. what do you make of this? >> the government interprets the law is that consumers must follow a and late interpret those you have to do withhe government says we take your choice away and it will cost more and you may save money long term but it is possible but consumers are pinching every penny now in because by cost of the bulbs will be borne by consume who have no choice liz: so advocates will say they say so what there is still plenty of white teen options we say families many ande're also reducing climate change your mission. >> nonsense. if people thought they were getting a good deal they would get a good deal. and there is problems with

joblessness places like virginia and kentucky and ohio they are closing plants they bakeries in china is also the job savings does it make sense of and the cost of these products in a recession the government dictating what they should y or when they should buy it is not th america we should the fed -- we should live in. liz: so you say these plans were in how many states now they are outlawed? >> there are plan in virginia or kentucky and ohio a and it is the fact hundreds ofobs have been lost the new labels come from chinaecause they are labor intensive to make and it is cheap in china is not getting a bargain when they come back it will hit the

consumer because of the high cost. liz: remember there were some shower heads that were outlawed? the keep having that in ditch it fair is popular. what is the next thinghat consumers should watch out for? to regulate what they use in their home? >> keep it with energy the high cost of electricity is not only with a light bulb but the coal plants. look at what obama said we will put the amnt of business. that affects pennsylvania, ohio, west virginia and others. the war has been put out on the cold with a high cost of light bulbs in this is just the beginning to enable do with every sector. liz: thank you for joining us. kottich west may head south.

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♪ ♪ liz: you are not the only one speaking out. so is the soul singer that says he will sue kanya west

for using his voice without permission cineaste our twitter follower. >> we all lose any time it rains to process the lyrics of that song i would pay someone else to take credit. >> who is better connected? that is our our legal stem has gone. >> that song sox. why someone would want to be associated with it is beyond me but nobody is more riot up and david asman. >> to be so completely self-absorbed to that is not just the motorcycle. look at that hotshot. but i get really upset not

just with self-absorbed but they think they can do whatever they buoyant he always championing the cause he is not to for the of the toe guy. remember he was supposed to be so concered about the pay which she paid her help $3 per hour it is hypocrisy. liz: to say he should pay a back the verb got put out of business with the overlay they had to pay a back to rolling stones. we have another one. stay right there. if he does get sued for every penny he can prove to michigan to get free housing a half of a project renovating rundown homes to the artist lived there for free of charge and two years. this is an effort to rebuild

the city but look at the twitter followers. >> the determines what is an artist? this could be another wave of people relying on freebies gimmickry housing is never a good idea. it has been tried to. >> i am biased because i was up for a writer i would have loved to free house. if they create the demise of the city because they're so run down it is cheaper to put somebody in them than bulldoze to the ground then why not? procrastinating venue cleaned up. they could clean up the neighborhood. liz: the think it could be helping with economic activity? rick pai-hua -- i am being facetious. they are doing better being used than sitting there. liz: republicans may have been getting the holiday gift there were waiting for showing good gop's leading

over the democrats the with the test poll but will double beds them keep going into the 2014 election? wouldn't give you were say don't trust them to play a leading hand with their present leadership. >> i hope we can take the senate but we need good conservatives to step up to me it the democrats. >> only three to a term presidents have one the midterm elections. bill clinton was one of them by the way. this president will not do it. he has stumbled so badly over the past couple of years but leading up to the reelection which is so strange he was reelected in a way republicans will win in the midterm because they have the tendency to pull

the jaws of defeat that is why neil the dust has been brought up. he can now with this reporter's behalf in 2010 saying how he could do all these things about executive help. to get everything that they want to get through a and that is dangerous. liz: we had a few words tweet is obamacare stupid and w already know there has been changes already. do you think the president will risk more? to make he cares much more about his agenda and the progressive agenda than about anything else. liz: give a big hug your wife. delta airlines vs. wal-mart. when the company did the right the anything to the wrong thing. for the one that best up can you guess you did the right

thing? this is the quicksilver cash back card from capital one. it's not the "juggle a bunch of rotating categories" card. it's not the "sign up for rewards each quarter" card. it's the no-games, no-messing-'round, no-earning-limit-having, do-i-look-like-i'm-joking, turbo-boosting, heavyweight-champion- of-the-world cash back card. thiss the quicksilver cash back card from capital one. unlimited 1.5% cash back on every purchase, everywhere, every single day. now tell me, what's in your wallet?

liz: w have the blitz of delta passengers getting a christmas gift of a glitch yesterday giving some customers a round-trip ticket for under $10 delta will honor the affairs but when wal-mart.com had a similar glitch for deals for just $8 a did notonor the prices. now we have our guests to say why it is good for the companies to honor their price. >> absolutely we live in the era where people shirk personal responsibility it is refreshing to see a major corporation to say we put it out there we will move you. i wish i had the opportunity liz: delta air lines cost is

much higher than the $8 electronics you think wal-mart took a hit? >> i don't think so. i am not sure i'd agree with keith just because they have so fares they should honor them. they made an honest mistake people tere was $60icket boston to honolulu was not valid. and it dealt the stepped up to do when i sing but companies as a shareholder i would be lifted. -- lifted. so does that gain mitigate the loss that we incurred? that wal-mart and delta get to make their own decision without the government intruding. >> now that is the concept right there that to corporations although they decided to be opposite made their own decisions without the government with no congressional hearings or data fraud.

one simply said we will honor it the other said no. liz: we now have a senator from connecticut is saying to ups you have to stepup to make refunds. what did you make of that? >> what if in this case sorry, i lost my train of thought but the government should not be involved it is like a tax to say then they have to deliver b a certain time or date. liz: that was my fault sari. [laughter] twitter is not yet making money but making a bundle of cash. the stock dips to day but nearly tripled since it started trading last month. we could be looking at a bubble? >> it depends if you use the

standard measurements of price-to-earnings it looks parabolic but getting back to the free market if there are buyers and sellers at every price than it does not frothy some o those great stocks have looked that way at some point. >> with the market cap of twitter is bigger than valero energy, archer daniels midland, a marathon petreum, a wellpoint, a target, twitter market cap is bigger than those companies? >> absolutely ridiculous there is no way a company with a metrics value has not been proven should be worth more than those that make real products with real products around the world a social meeting is vastly overblown and this has been

a momentum darling i would like to short it frankly. liz: is a double willis start trading down and what word trigger that? >> let me give the analogy of tough love people said it is a bubble all the way in people made a fortune. yes it was down on friday ended think it will drop farther. ♪ liz: it is time for the nightcap. what do you think about? >> actually treasury yields over 3% the bears are overdone the yield is moving i am concerned that jimmy allen may lose control of the bond market. liz: you have a lot to think about. [laughter] very smart brain cells. >> i am looking at the start

of 2014 a think the first few days set the tone. i am hopefully looking, i think we are going straight up maybe think -- sideways a a little bit. liz: will you take sleeping pills? said in a how you will sleep [laughter] >> i have never taken an a sleeping pill and i go to bet at 8:00 tonight. liz: i am sure that you are sleepwalking. i and teasing. i do think 2014 is the land of opportunity transitioning from holy smokes we survived to this could be growth. >> first quarter up or down? >> i think we go to 17,000

then we pull back. >> i am looking for a pullback but 18,000 next year. liz: we have to le. good night. from meltdown to cover-up, never too earliy it look back, and never too late for government toose its mind, there were so many options in 2013, it will take more be that one show to part insanity that turns so many you into independence we'll give it our best shot, a look at 201313 to loo2013 tolook forward tonight. on the independents. i am kennedy, blanked by my men of the hour. matt welch, and keep fos