longer there ray croc included. david: the stock was up significantly today even before the market turned up. investors like the change. liz: "the willis report" is next. stay tuned. gerri: hello, everyone, i'm gerri willis. this is the "willis report," the show where consumers are our business. president obama's brazen new plan to bust the tax-and-spend like never before. >> president believes that is a good policy choice. gerri: how much money will you win or lose? amazon.com reports earnings. will this be the quarter that finally turns things around. >> we'll learn more about the prime minister membership. gerri: first it last "deflate-gate," then lance arm strang says he would cheat again. what is wrong with our win at all costs culture? pastor john mcarthur is here. >> why can't your account keep up with market gains. we have latest crash test

results and five cars most likely to kill you. all that and more coming up on "the willis report," where consumers are our business. gerri: president obama says, he has the plan for boosting middle class wallets but his plan includes busting our spending limits and more taxes. so is this blueprint really a recipe for disaster? joining me now great panel tonight, peter morici, university of maryland economist, tom schatz president of citizens against government waste and rich lowery, editor-in-chief of "national review." welcome all. peter, start with you. you are the economist of the bunch. do you think the president has the solution for the ails of middle class. >> absolutely not. his tax plan will actually marginally raise taxes on the middle quintile according to studies that came out this week. on top of that, by taxing capital gains he will make the pie smaller. impact on the middle class will be much more draconian.

as maggie thatcher said, sooner or later, the problem with socialism, sooner or later you run out of other people's money to give away. the wheels are coming off mr. obama's program as we speak. gerri: just wants to help us, peter, just think about that. rich to you. we heard a lot about the taxes the p wants to raise. some of them in the state of the union. capital gains death tax increase spiral. talked about 529s. that went the way of the wildebeast. that wasn't popular. president says he wants to raise taxes on really wealthy people. seems to me everybody gets hit. why isn't he fessing up? >> as peter allude to, he constantly aims for the rich but miss fires and hits middle class as latest studies show. 529 is latest political test case a bipartisan revolt what the president portrayed as giveaway to the rich. republicans, everyone, republicans and democrats perceived something that helps

the middle class afford education and college which is extremely important. the rhetoric is about hitting the rich but you can't fund the welfare state. it is so big just with taxes on the rich. that is what the left in this country always comes up again. gerri: that is absolutely right. we talk a lot about five 29 plans on the show. how it is really a middle class tax break. you have to tell you average contribution is 25 bucks a month. this isn't rich people of the these are folks trying to fund their kid's education. tom, to you why do we want more taxes, more spending when we're wasting so many taxpayer dollars as it is? >> if you listen to the president's state of the union there is no government waste, no duplicative, overlapping perhaps. no national debt. he didn't mention that either. he will have a few token cuts upcoming budget which will get as in the senate, zero votes. two in the house last time they considered it. it is a big waste of time. it's a political statement. it is not practical.

it is not going anywhere. as everybody said it will not do what he says or thinks it is going to do. gerri: rich, to you it may not go anywhere with, democrats. i wonder what you think will be democratic responses to the tax hikes? >> we saw it. nancy pelosi opposed the change to 529s. and administration hated sequester all along. not surprising that they want to bust those caps. they predicted utter disaster of the sequester went into effect. the disaster never arrived. now the way the sequester works probably doesn't make much sense. you want to switch things around. doesn't mean that the total number for expenditures has to go higher. that is what they're always after. gerri: more money, more taxes more spending. peter, to you what would it take to get the middle class out of its funks? it is true the middle class has a very difficult time. incomes haven't risen in five or six years. it has been a one-way ticket to

know where. what it take to get the middle class working and earning? >> ronald reagan's economic program. after all mr. reagan created jobs at three types the pace of barack obama. his growth rate was double what obama obama has accomplished. what did he do? he cut taxes. we have overvalued currency. he had the court to get the dollar back where it belonged against the japanese. every single problem mr. obama has was mirrored in the reagan administration and greeted with a fundamentally different response. he likes to say he is student of history but he just skis over those chapters that don't agree with frankly his food co-op ideology and outlook on life. gerri: food co-op ideology. first time i heard that. tom, i want to ask you this. i know you're not an economist. you're not somebody who, looks at the books necessarily but the language the president is using and his minions they want to close tax loopholes for the well think. they uses phrases that really get the left up in arms.

trust fund loopholes. is that really what is going on here? >> it didn't work in the last election. he started class warfare. he wanted to start war on woman. look what happened? they got shellacked at polls. this will continue if this is the approach. everyone understands people want good jobs, good education, government isn't good delivering either of those. government need to get out of the way. a long list of wasteful spending, hundreds of billions of dollars would be eliminated. maybe we could do things effective in government but look, president obama thinks government knows best and this is just another chapter in really sordid terrible tale for taxpayers. >> sordid tale. we have a lot going on here. rich to you before we go. so the president is proposing spending an additional more of your taxpayer dollars,$4 billion. now i think he -- 74 billion. he regards this something as easy to get ahold of. my money anyway. what is your reaction? >> well it's the same we heard

from this administration every single state of the union, every single budget cycle. they always want to spend more and tax more than congress is willing to do. look i think focus on middle class economics is important and appropriate but what you need is a growing economy, genuinely and you need health care reform that really reduces costs which we don't have now. you need to take on the academic industrial complex has tuitions continuing climbing even though quality of education people are getting from colleges and universities is declining. president has zero interest. same old ideas. manufacturing hubs same thing we've literally heard for years and years and years and it is a tired agenda. gerri: academic industrial complex, i have learned so much in this interview. >> food co-op people support the academic industrial complex. >> excuse me. please. excuse me. gerri: love it. rich, thanks for coming on. >> thank you. gerri: we have big news coming up on the markets today.

sure to impact the stock markets. amazon out with earnings and results are mostly positive sending shares soaring more than 8%. here to break down the numbers, fox business's very own adam shapiro. adam. >> a lot of people smiling if they own amazon's stock. we'll tell you last quarter $29.3 billion in revenue. that was quite more than analysts were expecting. they were expecting 29.67 billion. revenue missed a little. they made a profit. when was last time you heard amazon talk about making a profit. 45 cents when the street was expecting 17 cents. they beat on earnings per share. they missed slightly on revenue. here is what is important. estimated prime membership. what you pay $99 for free delivery of good that went up dramatically. amazon saying up 53% worldaway. 50% just in the united states. they don't give the actual number but estimated to be around 40 million customers who have prime memberships. of course amazon's guidance for

the next quarter is a loss of $450 million to a potential profit of $50 million. a lot of people very happy with amazon right now. gerri: well, thank you for that. we're always following those prime memberships. i think a lot of people in our office have them. adam, thank you for that. >> yep. gerri: still a lot more to come this hour including news that traditional military pensions may be scrapped. next the average 401(k) balance hit a new record but why isn't it higher? i will tell you what i found to be very troubling in this new report. let us know what you think. tweet me @gerriwillisfbn. send us an email. go to the website gerriwillis.com. we'll be right back.

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year according to fidelity investments but with the stock market's rise why aren't we seeing more green. thanks for coming on the show jeff. great to have you here. so, are you impressed with that number, 91,000. >> it is a nice number. nicer than it was last year. should be a little better but it's nicer. gerri: here is my problem with the number twofold. only up 2% last year. s&p 500 did 11%. >> absolutely. gerri: i realize people don't have 100% of their portfolio in stocks but goodness gracious shouldn't we do better than this? people are really disappoint food definitely should be. a lot of reasons for that. people don't have everything? the s&p 500. there is a lot of other options. think about this way go to the gas pump you're happy when you pump your car full of gas but if you have an energy fund last few months that hasn't done very well. that is part of the reason options have gone up, options have gone down. 401(k)s have a lot of fees that eat into earnings.

investors are partly to blame as well. the average investor sets it and forgets it. that will not work. gerri: we need to set aside more money. sure there are a lot of reasons. okay now i'm finally back in the market. it is off to the races and i am just flooding along. so frustrating to people out there. what is your advice to them? stop setting it and forgetting it? what should they do that they're not doing now? >> they have to be active what their retirement may achieve. may make decisions and may not but at least it is looking at it. i asked people what is the last time you updated your 401(k)? when did i start working? 1981. gerri: bad news. >> that's not good. gerri: absolutely bad news. i took a look at if you were doing conventional withdrawal rate on $91,000 you get 300 bucks a month. nothing. >> whoopee. gerri: you're secured. you're not sitting on the beach with a my tie in your hand.

>> you're serving a maitai to someone else. gerri: you're working at resort, right? people are like, i don't know what to do. i don't know who to trust. i don't know where to turn to. do you think people need to be more actively engaged in managing that portfolio? >> no doubt professional guidance is there. plans can do more educating. we've seen a little bit of increase. there is always more to be done. it is not just about investments but about taxes as well. when we talk about spending that $91,000, you can't do that. not all of that is yours. a third may go to uncle sam. gerri: goodness knows what they're doing next to that money, right? that is my big fear. there is this big pot of money out there called retirement savings. i am so afraid uncle sam, president obama somebody out there will decide i need more of. that we need as a government need more of that money. how likely is that in coming years? >> i think tax rates are likely to rise. if you look at numbers behind it. hard not for that to happen over

the long term. gerri: i was hoping you woo say something else. >> i was hoping i would say something else too but nice thing there is way around that. roth ira 401k. gerri: pay taxes up front. >> roth 401k is bigger option. more plans incorporating that into their options. a lot of consumers have ability to go directly into their own roth iras. both options pay taxes up front. even if taxes rise in the future chances are those accounts won't be affected. >> great to see you. >> thank you. of. gerri: later in the show more on new report showing later model cars may be saving lives. and next, to save money on the backs of our veterans. next what changes may be coming down the road for military pensions. know that chasing performance can mean lower returns and fewer choices in retirement. know that proper allocation could help increase returns so you can enjoy that second home sooner. know the right financial planning can help you save

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gerri: president obama messaging that he wants to increase pentagon spending but his own independent commission says it wants to cut military pensions. so why the disconnect? we're asking jesse jane duff retired gunnery sergeant for u.s. marine corps. senior fellow at london center for policy research. welcome back jesse. good to see you. what is it this commission is actually recommending about pensions. >> the actual report is not been released. this is all confidential and we got some leaks out. what they are trying to get together people going active duty will not affect current retirees but active duty people now. they want to create a system people on active duty four, 10, 15 years actually have retirement opportunity with 401(k) investment plan of the as it is now, all or nothing venture. only 17% of military majority

which are officers hit that 20-year mark. you have to do 20 years to see that retirement. mind you, a lot of people have to get out four years eight years, 10 years, whatever it may be. they don't have much to show for it. gerri: no savings for retirement. at end of the day, have to wonder what the u.s. of a is doing to help them right? >> they have some type of thrift savings right now. what this will allow them to have a little better opportunity to people can navigate and careers a little better. the commission did survey active duty. so they did not go willy-nilly on this i'm not going to endorse it because i have not come out and seen it but we have to recognize we have got to reform the retirement system. right now the personnel costs alone on back of dod are costing taxpayers over 1/3. a third of the dod budget right now is going to personnel costs. we have to make this more effective and efficient. gerri: you know we talk about 401. cans in the private sector all the time right? what most of us have.

>> yes. gerri: most of us have access to a pension. you think ultimately they want to get rid of pensions and what is the reaction among our heroes? >> they will not get rid of retirement completely. you need best and brightest to stay on for 20 or 30 years mark. you want great officers you don't want to see getting out. you have great enlisted you don't want to see out. there has to be some incentive to stay in. they have to overhaul the system because dod is collapsing under its own muck. i think they need to audit the defense department and get in there to see where there are other forms of waste. i heard talks of having cut within the civilian workforce within dod. right now we have every every aspect of our civilian world has had to revamp their retirement for the very same reason of so to not to expect the pentagon to do it would be an unfair calculation by people sitting back going why are they doing this?

gerri: jesse, we'll have you back when the report is actually released. we'll enjoy hearing what you have to say about it. thanks for coming on the show. so good to see you. >> thank you gerri. gerri: coming up why are people turning away from america's biggest burger chain? will a new ceo make a difference. patriots accused of cheating to get them in the super bowl. and lance armstrong says he would cheat again to achieve all of his success. what is going on in the world of sports. ♪

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gerri: welcome back to the willis report. in a moment, pastor john macarthur is here with us for his take on ethics in professional sports ahead of super bowl sunday. time for a look at other stories in the news. turbo tax is caving

saying it will go back to its earlier versions for next year. this after customers were fired up of having to pay more. customers forced to buy a more expensive version are eligible for a 25-dollar refund. the senate passing the keystone pipeline. shy of the 67 votes needed to override the veto. the house passed its own pipeline bill this month. senators are holding a second day of confirmation hearings for attorney general loretta lynch. she's already causing a stir by saying illegal immigrants have a right to work in this country. in the murder trial of former new england patriots player aaron hernandez. it was delayed briefly after a juror was late to court. he is not guilty for killing oden lloyd in

2013. those are some of the stories in the news tonight. the super bowl is just three days away. the nation's biggest sporting event may be overshadowed by charges of cheating by the patriots. deflategate. lance armstrong told the bbc in a new interview, if he was able to turn the clock back, he would still cheat. >> when it comes to the doping, would you do it again? >> you know, if i was racing in 2015, no, i wouldn't do it again because i don't think you have to do it again. if you take me back to 1995 when it was completely and totally pervasive i'd probably do it again. gerri: unbelievable. right? well, is there no expectation of honesty anymore from our athletes? with us now, john macarthur from the grace church in california.

pastor welcome back to the show. should we have no expectation of honesty in sports? what happened? >> well, gerri do we have an expectation of honesty everywhere else in this culture? sports certainly won't set the standard for ethics or morality. it takes seven officials to rule a football game because guys are trying to break the rules and not get caught. they are replay booths and all the things that go on in replays to find out the reality. you wouldn't want to ask someone because you're not likely to get the truth. it's a culture full of deception. full of lies. it's part of who america has become. and it's simply reflected on every level. there are things to this culture far more important than the truth, that's really sad because that's when society begins to break down. it shows up in business with all the scams and all the false business practices and all the

cheating and scheming. look, it happens to people who cheat on their income tax. we might find out the irs is cheating on the other end. it's part of the fabric of a post christian culture. gerri: well, look the tragedy in this in many ways is that kids look up to these professional athletes. i think of lance armstrong was followed by small kids with bikes. and all these professionals really they just attract all these kids. so should we just -- how do we deal with that? >> well, gerri, let me put it this way, we have all the wrong heroes. nobody knows lance armstrong. nobody knows tom brady. when i say that, the vast number of people in the world whose him on a flat screen they don't know these people. so the heroes are people who do something. what we need are heroes of character, heroes of integrity, heroes whose lives are righteous

virtuous heroes who sacrifice themselves for the sake of honesty and decency and truth and who make a difference in the world because of their character. that is why -- that is why the church is so critical. that is why the bible is so critical because there you have a transcendent, divine set of ethics, morality, and righteousness that isn't up for grabs. it's a fixed set of absolutes. when they're in place and everyone lives to that level it makes a difference. gerri: what i think is so interesting about what you're saying, there is this -- what works. what we're willing to put up with. do you think what's going on is because we're so divided? there was a fox news poll out today. i want to get your reaction. what best describes america today? most people said a dysfunctional family. do you agree with that? >> well, absolutely. i would say, if you

don't think we have dysfunctional families in america, you're probably in a dysfunctional family and can't see the reality of it. the family is -- is the building block of culture. the building block of society. it's how truth integrity, goodness, values virtue is passed from one generous to the generation to the next. as the family is disintegrating before us with massive amounts of divorce, people living together without being married, making kids live in fear of what their future is, as kids are home alone being raised by these flat screen media personalities, of course, the family is breaking down. as the family breaks down the building block of civilization, culture, society, that protects us with virtue disintegrates. gerri: you know, i think what's

interesting is we also just fail to communicate with each other. i mean, at a very basic level because we're that dysfunctional family, that family that can't talk to each other, that doesn't trust each other, that basic communication and trust that you would normally like to see just isn't there. do you agree? >> no. absolutely agree gerri. and i would say it's because we do have a deceptive, lying culture. lying is okay. deceiving is okay. you can lie if you're a politician, if you're a senator, if you're a congressman. you can lie if you're the president. you can cover the truth. you can lie if you're a professor and you want to do a revisionist view of history so you can change the morality of a generation of young people. you can lie in your business if you can get away with it. we reward lying and deception. we've allowed ourselves to think that anything is okay if it gets me

what i want. and when truth isn't the -- the seal that holds relationships together, you can't trust anybody. and if you can't trust anybody, you can't respect anybody. if you can't respect anybody, you can't have a relationship that has any meaning. gerri: pastor macarthur thanks for coming on the show. always good to have you. hope you'll come back soon. >> via honored tovery honored to be on. thanks gerri. gerri: the new hit reality show called "strange inheritance" with jamie colby. here's a preview of one of tonight's episodes. it's about two former hollywood actors who learn they've inherited a million dollars' worth of farmland from a fan they never met. >> as so many actors will say, it was a good run while it lasted. it didn't last for you. >> my window was in my 20s. and i had my program and a great career. then the phone stops

ringing. i was praying for a job. then the letter. i refer to it as "the letter" comes. this is the original letter from the attorney saying, you don't know me but i represent ray falk. he was a hermit and a herder in illinois. don bailey said if i got a letter like this, i would think it to be a scam. >> you can catch this show, "strange inheritance" tonight at 9:00 and 9:30 p.m. eastern time on the fox business network. you'll want to see that. are newer cars really safer? we'll have the latest on a new report. changing the menu. firing the ceo. an iconic american brand makes major changes to get you back in the door. but will it work, or are we all just sick of mcdonald's? here's your consumer gauge with the numbers that mean the most to you. we'll be right back. ♪

gerri: some good news on the auto front. the insurance institute for highway safety has confirmed in a new report efforts by some automakers to make their cars safer. and the fact is, they're preventing death. the stunning fact in just three short years automakers have managed to reduce the chances of dying in a crash by 41% in three years. with more on this, the senior vice president of the insurance institute for highway safety russ radar. welcome back to the show. i love to have good news on this score. all we've talked about the last year is recalls. people are worried about that. (?) tell us what happened. >> well, this is really good news. you know we, at the institute, conduct crash tests to evaluate the safety of new vehicles, which we've talked about on the show before. and periodically we

then try to go back and see what's happening in the real world to see if what we're seeing in the lab translates on the highway. indeed, we're seeing there's a dramatic reduction in the risk to people in crashes in newer model vehicles. it's really good news. gerri: that is good news. an additional finding you have, so eight years ago, no vehicle model had zero driver deaths. now, there are how many? >> well, this is really the stunning thing. is that we have nine vehicles in this study group, during the study period of 2009 to 2012, where no driver died in a crash during the entire study period in these vehicles. and it's a range of vehicles. we have some luxury cars there like the audi a4 and the mercedes gl. but we also have some mainstream videos like the kia sorento suv. that's showing how

dramatically things have changed in a few short years. people who may be driving an older vehicle now and they're looking to upgrade to a newer vehicle, they're buying a big upgrade in safety when they do that. >> and we're seeing six suvs on that list. remember when we had all the rollover problems with the suvs. now, these suvs ranking having zero driver deaths. that's great news. >> this is how crash worthiness is improving. vehicles are much better at protecting people when a crash happens. it's also a story of technology in vehicles. because every new vehicle now has what's called electronic stability control as standard equipment and that's especially beneficial in an suv where you have a higher center of gravity. electronic stability control helps people keep the vehicle under control on slippery roads or in emergency

situations and it's preventing a lot of crashes from happening altogether. gerri: that's great. electronic stability control. that's what you're looking for. i have to get you to the flip side of this story russ, which is highest rates of death. what vehicles were the bad performers? tell me. >> well, and this is the pattern we see every time we see this. that the smaller and lighter vehicles, physics, are less protective in crashes. the smaller lighter vehicles on the list with the highest death rates. vehicles like the kia rio, which is number one on the list. the hyundai accent. the chevrolet aveo. these are smaller cars that don't afford the same level of protection as a bigger heavier vehicle. a vehicle that gets good crash ratings, but you should be looking for a mid-sized car or larger. that will be more protective. safety is one of your priorities.

gerri: two chevy makes on that list as well. interesting. thanks for delivering the good news too. appreciate that. >> thanks as always, gerri. appreciate it. gerri: we showed you a news alert at the bottom of the screen. the burger chain, shake shack, priced it's ipo $21 a share. well-above the expected range. putting pressure on mcdonald's. effective march 1st don thompson will be stepping down amid declining sales and profits. what does mcdonald's need to bring customers back? ceo bruce turkel. am i pronouncing your last name right? >> you did it well. gerri: we've been talking about the mcdonald's story in the office. our question is, what will it take to get customers back to mcdonald's and can you really effect that change? >> well, clearly clearly, thompson did

not ask people if they wanted profits with that, and that was the problem. and what's so fascinating, their new choice steve easterbrook, stands out on two levels. number one, he's a branding and marketing guys. not an ops guy. mcdonald's figured out it's not the product. we go there because of the perception because of the brand because of what the experience means to us. >> okay, bruce, let me ask you the question then, what does the brand stand for right this minute? >> well, i think that's the problem. it doesn't stand for anything other than slinging burgers and fries. it used to stand for the place you go with your family. the place you get together. the place where you're loving life. they've lost that because they've gone after on the one hand taco bell and low price. and they changed menus on the other hand. they lost that consistent message. gerri: i remember my very first hamburger at mcdonald's. i remember virtually nothing else at any fast

food establishment. that's how big -- that's how important it was when it first emerged as a brand. it has none of that power now. what are the steps they need to take? you said it's not the food. what is it? >> it's not. it's the relationship between the brand and the consumer. what mcdonald's has to get back to, their authentic true self they used to have a spot. father and boy in mcdonald's. the father is saying, your mother isn't here because she'll have your baby sister. when your baby sister comes, you'll have to take care of her. it gave you goose bumps. made you you feel good about going there. gerri: i have to tell you. i disagree with you. there are problems that go beyond messaging hype and ads. it's how clean is the restaurant? do i know what's in the food? can i trust the food? does it taste good? is it fresh?

we've gotten a lot of complaints today just talking to our viewers just how good is the service in the stores? don't they have to do more than just recon figure their marketing? >> oh, i absolutely do. (?) the thing is, the ops is -- once i find the store is clean and the service is good, you're still not going. they still have to do something to bring you in. there's another thing going on. that is, just like other vice products burgers and fries and sugar sodas have become the cigarettes of the new millennium. their extended opportunities are in latin america. the ceo was the president of north europe. he has a bigger global view and will be able to take vantage of descrarng advantage of those markets as well. gerri: we'll have to have you back to talk about it.

it's a fascinating story. thank you. and i want to tell you we took our cameras out to the streets of new york to ask folks if they eat at mcdonald's. here's what they said. voice: i >> i like the salads. if i feel naughty, i get like that dollar hamburger. it's so so tasty. >> i try to stay healthy. mcdonald's isn't too healthy. >> we can be bad every now and then. >> i prefer not to be. prefer to just eat healthy. >> not since my kids were really little. >> what would make you go back to eating there? >> i'm not sure there's anything that would make me go back to eating there. if i had some sense that they had something that was healthier than fried hamburgers and french fries sitting in oil. i would consider it, i suppose. >> we get chicken nuggets. i'm from australia.

always good. i just don't eat it very often. i enjoy it when i do. gerri: two words: shake shack. that's what i'm saying. now, we want to know what you think. when it comes to mcdonald's, are you still loving it? log on to gerriwillis.com vote on the right side of the screen. i'll share the results at the end of the show. here's what you're tweeting me about the poll question tonight. bob said: mcdonald's forgotten what they did to get them where they are today. when i walk in, i'm invisible. counter service bad. rick: only if ronaldo is ceo. grimeth is cio. and mayor mccheese is marketing director. probably not, rick. on facebook, audrey: food sucks, she says. most of their service sucks as well. gerri: people feeling hostile tonight. terry: food is awesome. liking it.

range of response. in addition to following me on twitter and facebook, be sure to like the fox business on facebook. and still to come, my "2 cents more." and, next, police departments want to get rid of the app. waze. hugely popular with drivers. cops want to take it from you. find out why. shake shack is with maria bartiromo. we'll have an interview with the founder of the company and the ceo. we'll have all the details. we'll be right back. ♪

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they don't want you driving around on three wheels. smart. new car replacement is just one of the features that come standard with a base liberty mutual policy. and for drivers with accident forgivness,rates won't go up due to your first accident. learn more by calling switch to liberty mutual and you can save up to $423. for a free quote today,call liberty mutual insurance at see car insurance in a whole new light. liberty mutual insurance. gerri: waze, you've heard of this. realtime traffic app that's creating big controversy with cops. lapd chief charlie beck

is claiming the police locator on waze is making it dangerous for cops to do their jobs. but waze says their program is helping police by making people safer drivers. tech expert and ceo of patriarch ceo is here to weigh in. let's start with what waze is. you say you use it all the time. >> i use it all the time. it's a social app that allows you to track what's happening on the roads. it has an algorithm. it allows you to find the most efficient routes. you can get there quirk andquicker and faster. gerri: hence the name waze. it tells you where the police are. if you want to go super fast on an la freeway, you can do it. right? >> i like the app because it tells you where the police are but i think it makes you safer. i think it tends to make you a little more aware and a better driver. a lot of police like it.

the police sources i've talked to like it for that reason. they think it's actually a benefit in many ways. gerri: all right. here's what charlie beck has to say. he wrote a letter to waze. i'm writing to alert you that your company's waze app poses a danger to the lives of police officers in the u.s. that danger was demonstrated in its use in the recent assassination of two nypd officers. here the chief in la is making a connection. right? between this app and the safety of cops generally. if you're going to target police, target police officers, would you use this waze app that's what he's contending. do you agree? >> no, i don't agree. in reality, you know there are police scanner apps. there are a lot of ways to track police. in new york city, you walk down the street the police are right in front of you. it's sort of a specious argument. there are some taking this position because it hurts them in terms of speed traps. there was a lawsuit in

2011 some 2 million-dollar fine lapd by former officers that said there are quotas for traffic tickets. gerri: there are quotas. and i think a lot of people look at these complaints and say wow isn't this a threat to the police department's ability to earn money for their locality. and you're saying that's the source of this anger. >> well, i think it's a big proportion of what the source is. i think there is some concern. but i don't think the concern is valid in terms of a realistic argument. gerri: an interesting debate. i know people love this app. so i wonder if these complaints will get anywhere. >> i love. gerri: thanks for being on the show. in our cold weather. you california boy. the answer to our question of the day. when it comes to mcdonald's, are you still loving it?

gerri: mcdonald's tapping a new ceo, steve easterbrook to succeed thompson who led the company for nearly three years. is this enough for to to save the business. are you still loving it? 57% said no. a slight majority there putting the nix on mcdonald's. i'm still thinking about that fidelity show showing 401(k) balances hit an all-time high of 91,300 bucks. my advice, don't pull out the champagne yet. that's barely 300 bucks a month. if you tap your funds at the conventional rate of 4%. everyone likes to blame americans for not saving more. truth is, 401(k)s can use some reforms like lower fees. more choice. that's my "2 cents more." coming up tomorrow, superstar musician kenny g joins me to talk about his new album.

you'll want to see that. that's it for tonight's willis report. thanks for joining us. dvr if you can't catch us live. "making money" with charles payne is up next. have a terrific night. charles: i'm charles payne and you're watching "making money." it was a huge rally day. the market up 225 points. it doesn't tell the story. all off the canvas, wild ride. visa amgeneral even google after a big miss, that's coming on strong. all of this, and, of course, shake shack going public tomorrow. we have so much to talk about. let's go to nicole petallides. >> charles, no one knew what today would bring. in fact, it brought big moves to the upside. dow jones industrial average up 225 points. 1.3% gain. that comes on the heels of better than expected weekly jobless claims. and certainly a turn around in