[phone ringing] hmmm. good stuff. we'll end it rig gerri: hello, everybody, i'm gerri willis. rit now on "the willis report", it is the obama care olympics. forget the gold, silver and bronze level coverage, there is a push for a new plan copper. our users guide to love and money. we're taking drama out of divorce. flag on the play. our legal team takes on unusual cheerleader lawsuit. we're watching out for you tonighon the "willis report." gerri: just how private is your priority information? the government cracking down on brokers raking in billions of

dollars by mining your personal data from information you give at the checkout lin you knew that. but guess what? now theye looking at your facebook posts and status updates. that's right. so who is buying all this info? john ulzheimer, credit expert at credit sesame.com. he joins me wit details. always great to have you on the show. particularly on a friday, valentine's day. thanks for coming in. >> my pleasure. gei: this is so interesng to me because this hashe ring i heard it all before. didn't this happen during the subprime crisis? what they're doing is compiling information on those of us who have the least that then lenders, subprime lenders, credit card issuers, can go after some of these people. what do you make of it? >> yeah, we should probably stop calling private information private because it is really not private. it is actually very valuable. it is for sale. it is completely available. it is being aggregated by companies and sold to lenders that want to make offers

tailor-made for consumers with fincial problems. foexample, tse with tax liens, judgments against them or even bankruptcies and offer products and service that is would resonate to someone in that kind of financial stress. gerri: jon, we always knew that, right? there is certain aunt, it makes sense to look t those go to the countyourthouse. >> that' right. gerri: find out who owes uncle sam money on their taxes. so those are the folks who don't get loans. now it is way beyond that, way down the road. looking at my faceboo posts. looking at my social media profile to figure out if i'm somebody to lend to? look, my friends can't how is somebody working for one of these companies supposed to do that? >> your point is very well-taken. the challenge we have we try to put ourselves in the position of the company that is actually using and mining the data. they're not using common sense methods. they're using highly sophisticated analytic process to see is our frequency posting

is predictive of something. is how many friends we have predictive of something? at is telling a story whether we're good prospects and targets, absolutely. gerri: really? if i thought credit reports out there were highly accurate i might be obliged to agree with you. i know they are not. these are same folks, same 4,000 data brokers looking over your shoulder, reading facebook posts whatever else you're doing on line. let me tell folks what they are putting together. look at lists sold to lender. underbanked prime prospects. information broken down by race. kahing. let it ride. compulsive online gam brothers. listen to this. this sticks in my cw. speedy dinero. these are hispanics in need of fast cash receptive to subprime offers. i said earlier, you know it is interesting, becauseound like the mortgage meltdown all over again. finding people who can't really

afford the loans and marketing loans right to them. is that what's happening? >> aolutely. this is the next generation of highly-targeted marketing. instd of just using television ads at certain times of the day or certain placements on th radio during drive time. w we're looking at, hey, can we get this information and make it even mortar getted to consumers? for example your one about the hispanic speedy cash is great. the challenge we have. this is all voluntary. we don't have to respond to any of them. taking out a loan is complely up to us. we're not forced into doing it. make sure you're doing due diligence making offers and -- gerri: hello, mr. banker, if you offer somebody a loan you should know whether they canepay or not. that is the problem i have with that kind of marketing. they're essentially marketing to people who can't afford their products. that ishat iso disturbing. clearly individuals have responsibility on thei own, i

do agree with that but it goes both ways my friend. to one of our favorite topics. suzerman. suze is out there right now and she wants congress to make some changes out there. why don't you tell us about it. >> yeah. shehas gone to change.org and asking people to vote for her petitiono basically force the credit reporting agencies to accept ppaid debit card information from the prepaid debit card issuers. and this is problematic for a variety of reasons notwithstanding the fact suze orman is pushing an selling a prepaid debit card of their own and they're cled credit reports for a reason. they're supposed to huse credit obligations. prepaid debt card is not credit obligaon it is stored value car that has your own cash. gerri: i thought with the industry on this they don't want to grade or score you how you spend your money. they want to grade or sre you how you pay it back which makes a ton more sense to me.

suze says, no, no. should be tned on its head. the whole world should be changed. my question to you, jon, does she want to change things because she thinks it is better for america or wants to sell more of her prepaid debit cards? that is ver good question and who knows what lurksnside of her mind. herhere is the good new it ain't hpening. if you look at consumer feedback over her post it is largely negative. stay out of myallet. i'm sick and tired of my information being shared. those are typesf comments we're hearing. credit reporting industry has no interest in the government telling it what it can accept and can't accept. trouble trying to force information on to a credit report it doesn't solve the problem. credit score systems will not consider information that is not predictive of future credit risk. if a prepaid credit card is nothing more than me using cash which does not tell a story about my credit usage. rri: let me, i will ask the question in a way that is easy

to understand. if i go to starbucks, does it mean i'm a worse credit risk, i don't know? what does it tell you? literally nothing, right? >> it tells me you like coffee. gerri: now before you go -- >> that is what it tells me. >> i want to tell people fees on suze orman's preapproved credit card. purchase fee, three bucks. monthly account, goes on and on. withdrawal fees at atm. 2 buck as transition. balance inquiry, dollar transaction. you get the point here. there is lot of money to be made. i think she would like to make some more. john, thanks for coming on my show. >> happy valentine's to you and stay away from prepaid debit cards. gerri: thank you, sir. more details for the bottom line concerning the massive merger of the two biggest and frankly most hated cable companies in the united states of america. we've got two of the best here to debate. john berg meyer, senior staff attorney for public knowledge, and james freeman assistant he had orfor "the wall street journal"

editorial page. these two go head-to-head on this topic. gentlemen, start with you, you do not like this merger. why not? >> well, i don't like it i think when you have a company like a post-merger comcast such gatekeeper power over the cable industry and broadband industry it would have effect that is ripple all throughout the country even in areas not coved by eitheromcast or time warner. gerri: i know you object on the basis of this company will be too big, but to my issue. i tnk prices are going to go up. what do you say? >> well you know already most people don't have a lost choice in terms of their cle provider. and that is not going to change. the competitive situation certainly isn't going to be better n fact yesterday, in a press call, comcast admitted that this merger would not lower prices for consumers. in fact it wouldn't even slow their increase. gerri: all right. james to you, you have a different view on this. what do you think of the merger? >> i think it is fine. i think markets work pretty well and consumers benefit most when

washington allows vigorous competition and that ishat you have here. i don't really see this great power. the cae guys are competing with satellite on the video end. they're competing with phone companies doing broadband and vide they're competing with wireless. the biggest issue in the cle industry over the last decade has been people cutting the chord, saying they don't need wire in their house. they're going wireless. gerri: gerri, the worldhanged, competition has changed. lots of other players who could get in the middle of this and change the world entirely. i want to read something from your "wall street journal" editorial though. heads up here, john, listen to, any giant fund-raising deal is bonanza for groups like pubc knowledge which considers toking antitrust violation by definition. what do you say? >> that is not true. it is not bigness. it is market power. it is how big you are relative to anyone else. you wield so much more power than the nearest competitor.

bringing up cable tv. lo at broadband marke where if y just count cable and fir enabled broadband, really high speed broadband, not slower dsl after merger comcast would have 30 million broadband customers and the next nearest rival would hav under 10 million. at is, doesn't look like competition to m that looks like a rou >> if these guys have so much power i don know whye don't see that in their profit margins. gerri: explain. >> explain, their profit margins are roughly similar to what you see with the telecom companies they compete against. roughly similar tohe satellite companie they compete against on video programs. not as goods fraly the contt companies like yours thravel over the pipes, over the cable pipes. other words if someone has great monopoly power they should be able theoretically to extract big profits by gouging customers. these guys don't show those profits. gerri: okay. let me showou monthly cable

bill last 10 years, nearly tripled up, 166%. it will go to 200 bucks a month. seems like they're doing okay to me? >> but they are. a lotf that money is passing through to cable channels. of course espn, most fously get as huge amount ofoney per b desire. point is americans want this. ey like watching this stuff. gerri: john what do you say. >> if comcast is so strapped for cash amazing to be one of the top lobbying spendersn washington, d.c. to try to influence the political outcome of their favor. i agree high content costs are big driver of cable bills. to the extent that comcasts able, to use its leverage to somehow maybe get a better deal from disney or viacom, number one, i doubt they will pass that along to their customers. number two the content companies will make it up by charging mor to othermaller cable providers left in the market. gerri: i have to tak you to something i think you both should respond to here.

look at pay tv customer satisfaction index. these two companies are at the bottom of the list. americans think, oh, my goodness, these two peopl are getting married? i don't like either of them. i dope want to go that wedding. >> they are two consenting adults here. the point is, very possible if consumers don't like them, if they use other options on line, netflix has the most talked ababout it. v show with "house of cards". gerri: >> that's rig. >> these guys could be out of business in 10 years. this business of bundling a nch of channels selling them as a package it could be going away. is is the opposite of entrenched mket with huge power. >> john? >> that's why this deal is all about broadband. i'm not sure how you w netflix unless you have a big broadband internet pipe to watch netflix. gerri: they're slowing it down now, john. >> how about at&t, wireless competitors there is not monopoly hold on this. gerrii but isn't there, the way

cable works at a very low level, town by town. >> right. gerri: jurisdiction by jurisdiction. zicode by zip code you esntially sign adlong term contract with one of these companies and their pes you are using and everybody us them. they are sor of entrenched in term of that contract. let john, go. he hasn't had a chance. john? >> i like my water company but i don't have a competitive choice for water companies. in a lot of way your broadband and cable tv is similar. you ve different providers throhout the country but they don't compete each other head-to-head. gerri: in the same market, exactly. >> it is nothing like the water company. you have at&t. you've got verizon. you have wireless competitors. another market signal if this merger is making comcast thell powerful cable company, why is their stock lower than the moment it was announceed? gerri: that is great question. unfortunately we'll have to leave it there. james and john. great job, interesting conversation. i el smarter already. thank you. >> thankou.

>> thanks. gerri: a lot more still t come this hour, including advice on getting your family on board with your upcoming big move. next yet, more changes coming to obama care as some democrats desperate to save their careers are proposing a new planhat is even lower thanronze. is it really an option? we'll talk about it. welcome back. how is s everythin? there's nothing like being your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen.

[ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex. [ male announcer ] introducing fedex one rate. (announcer) scottrade knows our and invest their own way. with scottrade's smart text, i can quickly understand my charts, and spend more time trading. their quick trade bar lets my account follow me online so i can react in real-time. plus, my localcottrade office is there to help. because they know i don't trade like everybody. i trade like me. i'm with scottrade. (announcer) ranked highest in investor satisfaction with self-directed services by j.d. power and associates.

gerri: consumers are not clamoring for the gold, silver and bronze obamacare plans as white house and democrat hoped for. now two democraaic senators facing a close re-eltion race are pushing for copper plans to dig them out of this mess. will it work? joining me, paul howard, senior fellow at the manhattan institute. welcome back. always good to have you here. copper plans, i thought that what the preside wanted out of obamacare is that you had to have the full menu of all services, all health care services, all the time. that is not what this is? >> well the message we're hearing now from peoe it is not flexible enough. when you look at fine print, over seven milli people are eligible for the marketplaces went to them but only 3.2 million actually bought a plan. a lot of people are seeing prices and plans and walking away.

gerri: walking away. now we kicked people off plans that we had before would be more likk the copper plan they're talking about. i can keep up. help me understand. >> right now the bronze plans are exp with subsidies they're a good deal. if you don't get the generous subsidies you're facing 300, $400 a month in some cities. this is more affordable plan, especially healthy, don't get subsidies. let's make it flexible and have people find plans they have before. gerri: that would be more like catastrophic, right? >> right now. catastrophic plans on exchanges, only 1% are buying them but they're not eligible for subsidies which makes them very unattractive. gerri: l's look at two guys proposing this. senator mark begich in alaska and markarner in virginia. theyave ds behind their names. what is going on, paul? >> it is election year and two people supported law. had rocky rollout. still controversial. gerri: can't keep your doctor.

can't keep your plan. can't keep virtually anything you liked about health care before. >> how can you bend the law without breingt? the president extended employee mandate twice. they say looks at changes in the law to be more flexible. gerri: what is the impact on bottom line if they actually do this. >> if you're an irsurer this is driving you crazy. you price a plan, figure out the risk pool will be and put it out there. if they rejigger it this way, on other hand more attractive bet people in the pool but on the% other hand people pull their hair out because theyon't know what the plan will sell. gerri: everybody is confused. the white house says we're thinking about it? really do you think they will do this. >> i'm supportive. anything that givesus more flexibility, gives us more affordable insurance coverage is a good thing. gerri: meantime we've completely ripped up the whole other way of doing business which provided exactly this kind of coverage.

>> you know, maybe, two steps forward onstep back? at some point the administration -- gerri: one sp forward, two steps back, half a mile back. few miles back. >> at some point the administration got to concede, small employers are not buying plans, individuals are not buying plans they need more options. gerri: interesting to see if it goes through what the president does. paul, thanks for coming in. have a great weekend. >> you too. gerri: later in the show we wrap up valentine's day week with our final installment of our users guide to love and money. next we answer the question, how do you do that? we have advice convincing your significant other to relocate, to follow your dreams. ♪

gerri: job opportunity opens up but it is ross the country. idea to your spouse in 60up the

♪ what is this place? where are we? this is where we bring together the fastest internet and the best in entertainment. we call it the x1 entertainment operating system. it looks like the future! we must have encountered a temporal vortex. further analytics are necessary. beam us up. ♪ that's my phone. hey.

[ female announcer ] the x1 entertainment operating system, only from xfinity. tv and internet together like never before. gerri: in this tough economy you can be challenging to find a job and even hardtory turn one down buwhat if, what if that job you hear about is across the country and how do you bring it up, not only idea t your significant other but sell them on the idea? wi more on this, ann celand, founder of the interchange institute. welcome to the show. i don't ow anybody who hs been married for any period of time who hasn't had this conversation, should we move? particularly in this economy, a lot of people can do very well for themselves by relocating but not ea to talk about. how do you even bring this up? >> well, the first thing, when do you bring it up? you know i think the most important thing that people can keepn mind is involve both spouse, having a discussion about whether to take a new job

and to relocate that involves them very early in the decision. sometimes even employers involved the spouse in deciding whether this is a good move for this family. if people don't buy in from the beginning there is trouble down the road. gerri: absolutely rit and th last person i want to talk to is the employer, let me tell you. i want to make the decision on my own. i think i would be insulted and my husband came home, meet my potential new employer, he will talk you into moving to the other coast. is there preparati you can do though? seriously, if you're going to have the conversation, what kind of preparation do you need to do? >> i think first thing to do is listen to what your families concerns wou be because there are some really, real logistical coerns that maybe the spouse is in charge of. what will it mean or her or his job? for the childrens education? for elder care? for family involvement. the question is, a lot of those

obstacles are fixable. you can address them. and maybe there is something that the employer can do and thathe family can dece to do to address each of these. maybe if the child is in school, getting special services, maybe, we can find out. if there are similar special servicesn another, in the new location. gerri: that's a great point. that's a great point and i think people wder about, then how do you come to this conclusion? i mean you sound like you're driving to the move but i'm driving to, how do you make the right decision. so how do you do that? >> that's right. and that's so important. if it doest work for the family at this time, it is not in anyone's interest to take it and so, so if everybody can be involved in the beginning, can be involved, what are the good things? most of these locations work out really well and they can be

life-changing and wonderfu experience for families, but let's take seriously what, what it means for the spouse and the family. and so listening for those concerns from the beginning and, i think if the two spouses are in partnership, think valentine's day. let's work on this together. ironically one of the things that tend to happen in familie is, you know, i thi all relocations are partly good and partly bad. there i some of each for most families in most situations. >> right. >> if one person takes on the role of loving it 100%, well, that means the other person has to hate it00%. if everybody -- gerri: got to find common ground. >> yes. gerri: absolutely right. got to find the common ground and have a real conrsation about the move, what it means, would it work. anne, thanks for cooing on tonight. >> you're welcome. >> i think it's a fascinating

tooic. we had it many times in our household. hard to know the right way. thank you very much for your help. >> you're welcome. >> and are you tired of credit cards? you know credit cards, the fees, intere rate, the worry about having your identity stolen. do you want t live without plastic but don't know how? we want to you take our cash challenge. if you want to dump your credit cards and find a way to live on cash only we want to hear from you. let me know your stories, friends, families, anybody you know, we want to talk to them. we want to talk to you. you want to go cash-only let us know. coming up who is to blame for the bad economy, mother nature or washington. we have advic how to survi your divorce with your wallet intact. ♪ so i can reach ally bank 24/7,? 24/7.

i'm sorry, i'm just really reluctant to try new things. really? what's wrong with trying new things? look! mommy's new vacuum! (cat screech) you feel that in your muscles? i do... drink water. 's a long story. well, not having branches let's us give you great rates and seice. i'd like tt. a new way to bank. a better way to save. ally bank. your money needs an ally.

iwe don't back down. we only know one direction: up so we're up early. up late. thinking up game-changing ideas, like this: dozens of tax free zones across new york state. move here. expand here. or start a new business here... and pay no taxes for 10 years. with new jobs, new opportunities and a new tax free plan. there's only one way for your business to g up. find out if your business n qualify at start-upny.com

gerri: it is valentine's day. you're thinking roses, romance, but you kow what? it brings up thoughts of divorce too. according to a new study by -- which matches consume with lawyers. the number of of people out there seeking information about divorce on its website goes up increases hikes more than 40% from new year's day to valentine's day. it's thhe time of year people think about it. stacy snyder, a former divorce, she's the author of "he had coming." with the dos and don'ts of divorce. i have this theory, i could be totally wrong, people are too quick t call it quits. >> i think your theory is dead on. people don't realize the same problems they have in the marriage are goi t come wh them to the next relationship. and instead of spending ime trying to work tough the issues, unless we are talking

about substance abuse or criminalit people don't spend enough time on loving the one they're with. >> i love that sentiment. we have a tweet from rick who said people divorce too quickly. look at the divorce rate compared to 20 years ago. too many multple marriages. people keep making the same mistake over d over again. what was the most common reason for divorce when you were a divorce attorney? >> money problems and fights over how to raise the children. and just -- but the money problems really take control of a marriage and there is no one who comes out on the winning end of that. there's anxiety, there's always stress. i have o tell clients know what you have if youudon't have the fear that the other spouse is excerting the power over the relationship through the money. and a lot of -- especially the women don't know what the marital assets are. when they gettime to come to divorce, they don't know what is going on and they're in -- gerri: frustrated.

even so don't you find some folks later reret the divorce? >> i think the only one regrets getting divorced is elizabeth taylor. >> divorce brings out the worse in people. if you are already upset nd go through the divorce process. the monster rears the head during it. i don't think anyone liking each other -- probably the only one who has a divorce court. >> you hear about it but it's a rarity. >> i doesn't happen. divorce is designed to bring out the animal in the person. gerri: it is. that reason alone, i think, you know, people - if you're going to do this, if you made this decision and you're going to go down the road, you need to understand that the cost of divorce are very, very high. it's not just what you pay an attorney, it's not just the fees for filing the divorce. going forward supporting two households now with thesame income. talk to us about that. >> that's the most devastating part of divorce on the financial end. you have either one income or

two incomes supporting expenses, utilities, cars, insurances, and -hen all of a sudden, that is divided down the middle. it's not always a fair disibution. one gets the kids. they have to worry about that support. the pressure is enormous to support two different life style on the same income you were together. it's no a formula for success. gerri: you entioned before women don't really know the marital assets. i've read wh you go to court you have to have locked down what you spend. you need to know the assets so you ca ask for a fair shar >> information is the best way to have success in a divorce. you have to know what is in the financial account. you have to know what you own as a couple. if you don't know te marital assets you are spending a lot of must be to dig through what exists there. it's wasted money you could be

using to send the kids to college. it gets that expensive. your lawyer has to do so much discovery work to figure out what the other spouse is hiding or keeps in accounts youon't know about. it's throwing dollars down the drain. gerri: we read there's going to be evemore divorces because the economy is better and people like now i can afford that divorce. do you think it is right? >> i think t cuts a both way paps lot of people don't get divor afford to get divorced. like we talked about they can't afford to run two households on the same income they had. the other side when the economy is bad and the chips are down and people have employment stresses, and income stresses, that also increases divorces. so ihink there will be another study coming out. th do every year. gerri: i have to tell you if you win the lottery, don't you file divorce papers? i got the money! now we go the separate ways. >> and they fight over the share ofthe lottery prize. who funded the ticket. gerri: i told my husband he could have a divorce one way.

>> what that? gerri: toes up! you're going out toes up. i like that. [laughter] thank you focoming on. great job. appreciate your coming in the last-minute. we want to know what you think. here is our question. are couples too quick to divorce? log on to jerry -- gerriwillis.com. while we're asking about divorce. it is valentine's day. we wanted to highlight the famous couplings that have gone the distance and given love a good name. the list is tonight's top five. david bowie and aman. ey have been married for 21 years. the super model was on our show. kevin bay con and kiera. number three tom hanks and rita wilson. one of the cutest couples in hollywood. celebrating their siiver anniversary. he said i'm standing ere because the woman i share my

life with has taught me an demonstrate every day what love is. and number duo, jamie lee curtis. they will celebrate 3years of marriage they mt after curtis a magazie in 1984 and called his agent to set up a meeting. and number one is oz city and sharon osbourne. are you kidding me? they've been married for 31 years. that's awesome. they met while sharon's father was managing ozzie's band. our legal panel weig in on the fight between nfl and cheerleaders. the latest winter storm has moved out. the east coast is strug thing to return. they blame the wild weather for the bad numbers. we'll have details coming up. ♪ [ cellphones beeping ] ♪

[ cellphone rings ] hello? [ male announcer ] over 12,000 financial advisors. good, good. good over $700 billion dollars in assets under care. let me just puthis away. [ male announcer ] how did edward jones get so big? coulyou teach kids that trick? [ male announcer ] by not acting that way. ok, st quarter... [ male announcer ] it's how edward jones makes sense of investing. ♪ g [ale announcer ] it's chaos out there. but the m-class sees in your blind spot... ♪ pulls you back into your lane... ♪ even brakes all by itself. it's almost like it couldn't crash... even if tried. the 2014 m-class. see your authorized dealer for exceptional offers through mercedes-benz financial services.

inhe northeast with parts of pennsylvania digging out from under nearly two feet of snow. there's even more than that in upstate new york with around 440,000 homes and buinesses mostly in south carolina and georgia. still without power. the treacherous weather has been blamed for nearly two dozen deaths and the most flht cancellations in 25 years. airlines have canceled more than 75 domestic flights with 14,000 this week. it's more than 5% of all flights scheduled in february. women, we have two weeks to go. is mother nature hurting economic growth. some economists are saying that when it comes to the financial slump the country has been facing recently. here with more gary, pesident of capital management. i'm pleased to have you on the show. i have a feeling you have the say questions i do about the excuses about why the numbers aren't as goose they should be. is it the weather, my friend?

>> a ittle bit it's going to take a little bit off the ged f. i've been saying for three years. the economy has a good quarter and not so good quart and te real probably of the economy will never be unlocked because of t policies out of d.c. gerri: gdp forecast was mentioned by three tenths a percent. that'sown. take a look at the economic numbers. industrial production down. retail sales down, weak jobs report, the list goes on and on, and i think peple want to believe the fact that it has been the successive number of storms. they have been really bad, but it's a great place to hide if you're a ceo and you're reporting earnings. >> well, ceos are famous especially the company that are not doing well, they are famous for using any event to say it effected our business and that's why the numbers are down. now lok, to be fair you have a lot of airlines that had a lot of cancellations, retail gets affected, especially when it is

in populated areas. but overall, you can basically tell what the story is. i haveto tell you the airline stocks are at new highs here. restale stocks are way down. >> what did you think is behind the slump. it's partly weather yes. what is going on? you don't lik washington policy are we in a situation where people decided i'm on t the sideline untiwe have some other kind of government here? >> i just think it's just an economy tht really can never really get going. we've had a good quarter, a not so good quarter. i thk the employment numbers are coming out. our basically are fake. all these people even leaving the work force. you add them in 10 or 11% unemployment. not 6.6. and i think, you know, they keep changing the playing field on the rules on oamacare, things like that. mandates, nobody knows where they're going to be. i really believe it puts head winds in the minds of business eaders and pool who do all the hiring throughout. not to mention consumers that

want to spend more. >> we're looking at those bad economic numbers right now giving people a sense of what has been reported. where to next? we got gdp down. can we pull our heads up. is there any way we see the improvement in the balance of the year. i know, what normally happens everybody gets excited about the fist six months and the expectations fall off. what is going to happen next? >> well, i suspect once e got out of the bad weather things the numbers will get a little bit better. but i think we're goig have moderate growth. if we kepgrowing employment by 150,000, that is piker numbers. it is never going to get us anywhere. with the numbers we're seeing with welfare and poverty and food stamps, thoe numbers are obscene. until these people can be lifted up or do something to lift themselves up, i think te economy remains, as i've been saying for three years, okay, good quarter.

not so good. nothing really getting going like the past. gerri: doesn't suppy enough jobs. >> typed tepid s the worth. >> happy valentine's day i, my friend. you oo, dear. >> my two cents more. our legal panel weigh in on another fight in the nfl. this time the cheerleaders. they say they're not being paid enough. stay with us. ♪ what does everything mean to you?

with the quicksilver cash back card from capital one, it means unlimited 1.5% cash back on everything you purchase, every day. it doesn't mean, "everything.. as long as you buy it at theas station." it doesn't mean, "everything... unl you hit your cash back limit." it means earn 1.5% cash back on every purchase, every place, every occasion, all over creation. that's what everything should mean. so consider... what's in your wallet? saying they make illegal wages. does she have a claim? we'll battle

♪ a cincinnati bengals cheerleader filed a lawsuit claiming she's underpaid. she cites a laundry list of strict rules each must abide by in order to keep the low-paying gig. does the lawsuit have legs? joining me now a patner a law firm, and attorney paul. welcome to you both. great to have youhere. i'm going start with bill. this whole story is so funny. but you say there's a tragedy in. you say he women are underpaid. >> absolutely. she laims she's working 300 ours a week. okay. d anything she does -- okay. a month i'm sorry. >> [laughter] gerri: i was confuse there had. >> e.g. anthing she does has something to the employer. when you take the wage specifically the fact they pay her a one shot deal per game of $90 she makes $2.85 an hour.

>> she's not making minimum wage. >> tragedy is a little strong word here. at the end of the day there's the allegations in a lsuit. that's the bottom lining. when it comes down to is she an independent contractor. the law look at the economic realty test. they determine cup of things. whether they are important business. all due respect to the serve they render it's about football. it's about football. frankly, the beer vender is probably more important to the game than the cheerleader. gerri: you brought two good point. the test whether or not she's a employ is whether or not her employment is controlled by the employee. they tell her where to go, report, practice, the public relatns. >> more than that my friend. they team her what she's supposed to look like. hose or underwear what her boobies are supposed to look like. it'so over the top. >> the job-related requirements here.

you deal with cheerleaders. they have to look like them. i don't think it's going to be controlling. it's based upon the fact. the court look at to the talty of render and make a determination. how much does it add? it's a part-time gig. they'rnot working all year. let's see where it ends up at the end of the day. >> what did you think about the what they wear and told. >> i think when you id over the top. there's no pun intended. the truth is they drill down on the specifics. okay, it's one thing, you know, be a cheerleader. they're getting to don't wear a bra, this, underwear. i think it my be crossing that line to were basically not only controlling them, you know, but putting them a position where they are sort of harass by not following them. >> are they being harassed? >> no. those arejob-related functions. they can choose exactly -- [laughter] >> they are. some jobs require uniform and different kinds. they require you to look a certain way. at the end of the day cheerleaders have to look cheerleaders. it's not part of the lawsuit. at the end day you make a lot of

money the plaintiffs' lawyer. not there is anything wrong with it. we're talking about $1500 is really what it adds up to if you bring up to the minimum wage. [inaudible conversations] >> if she's working 300 hours a month and you do the math. >> it's not even that -- there's no overtime. >> and also $2.85 is a ridiculous amoun of money. people in the entertainment industry dancers, you know, people trying to make it. they'll work for anything. they want to work. they shouldn't be taken advantage of. that's what is happening here. >> let the acts fall where they ma there is no overtime laim and claim in the lawsuit regarding how they need to look or otherwise. it's about minimum wage. one employee seeking to make a class out of it. >> if i was the lawyer it would be about overme. and also the oakland raiders had a similar. gei: that's right. >> and samething. and other teams re paying their cheerleaders proper.

>> you know the origin of the case. it's the rick's cabaret case. gerri: we don't have time for that. i want to read the statement here. it long has been a program run by former cheerleaders and broad support in the community and member of the squad. it appears t be a copy cat lawsuit that mimics the one filed last month in california. theyl address the litgation in due course. >> a copcat lawsuit. if that was illegal and this is just as illegal here. gerri: my heart goes outto the cheerleaders. hat can i sa? >> me too. a little strong. >> it dos too. he's no admitting it. gerri: great debate appreciate your time. we'll b back with our two cents more. are couples too quick to divorce? in the new new york,

we don't back down. only know one direction: up so we're up early. up late. thinking up game-changing ideas, like this: dozens of tax free zones across new york state. move here. expand here. or start a new buness here... and pay no taxes for 10 years. with new job new opportunities and a new tax free plan. there's only one way for your business to go. up. find out if your business can qualify at start-upny.com there's nothing like eing your own boss! and my customers are really liking your flat rate shipping. fedex one rate. really makes my life easier. maybe a promotion is in order. good news. i got a new title. and a raise? management couldn't make that happen.

[ male announcer ] introducing fedex one rate. simple, flat rate shipping with the reliability of fedex. you know how painful heartburn can be. for fast, long lasting relief, use doctor recommended gaviscon®. only gaviscon® forms a protective barrier thahelps block stomach acid from splashing up- relieving the pain quickly. try fast, long lasting gaviscon®. relieving the pain quickly. (voseeker of the sublime.ro. you can separate runway from fashionhat flies off the diculousshelves.

and you...rent from national. because only national lets you choose any car in the aisle... and go. and only national isanked highest in car rental customer satisfaction by j.d. power. (natalie) ooooh, i like your style. (vo) so do we, business pro. so do we. go national. go like pro. anbe a name and not a number?r scotade. ron: i'm nev alone with scottrade. i can always call or stop by my local office. they're nearby and ready to help. so when i have questions, i can talk to someone who knows exactly how i trade. because i don't trade like everybody. i trade like me. that's why i'm with scottrade. announcer: ranked highest in investor satisfaction with self-directed services by j.d. power and associates.

users guide to love and money. we asked are couples too quick to get divorced. 83% said yes. be sure to log on for the online question every weekday. here are some of your e-mails. the first from julie in north carolina about the irs. it's clear she says that not only the irs totally corrupt but incompetent. cawe abolish the irs. on executive orders i think they should be terminated when the president leaves office. it should be up up to the new president to decide when which he will extend and let expire. i wa surprised to see how many orders have been isued by rior president. it amounts to growing

dictatorship and not just president obama's doing. interesting. here is andre from texas. the odd of the keystone pipeline being approved are slim and none. slim on a fast but out of town. that's funny. finally, valentine's day. it's a nice day but not really a real holiday. a pleasant thought. i try to spend too much -- i try not that spend too much time worrying about what i call greeting card holidays. secretary's day and that kind of thing. i think love and money are two things worth thinking about as i did all week. let face it, thh best of intentions when it comes to money can come if the household isn't on board. we talked a tough topic. divorce. one many families are too familiar with. i think our society added to throw it away if it doesn't work contribute to the high number of divorces. it it is broke don't fix it.

to be frank it's enough of an effort for my families. that's it for the show. have a great weekend. we'll see you next week. >> are you a member of the privileged class? you get special breaks in life? politicians say. >> we will all benefit from it. >> all don't benefit. the privileged beefit. >> is there any other large employer that gets the same treatment? >> it doesn't only apply to congress. >> we will be darned if we are going to lose their health insurance because of unintended consequences. >> so unionsave a special