giving enough out. >> they have capital on hand. you will find out how much. they thought they had good cap it will in 2007 david. david: they didn't have dodd-frank back then. we have to leave it at that. paul, thank you. "the willis report" is next. >> hello, everybody, i'm gerri willis and this is "the willis report," the show where consumers are our business a major test for obamacare today at the supreme court. the latest challenge could kill the president's health care law. follow the law, mr. president. courts do your job. recognize at the end of the day the people make the decisions. >> we'll discuss the republican plan to replace obamacare with congressman tim murphy. what's hillary clinton hiding? new details on her use of private email accounts to conduct official government business. >> she violated the law for four years. gerri: lumber liquidatorses under fire for selling potentially toxic flooring.

we'll speak with a california family who just installed the flooring and what they're doing now. user guide to pay for college. with all the offers in hand how do you pick the right school? >> moment you're get the offer, calling aid office, they know you're desperate to go. gerri: reports of serious fraud with apple pay. we'll have serious information for apple pay and credit card users. all that and more. coming up on "the willis report" where consumers are our business huge steaks as the nation's highest court take as crack at obama care which could mean millions of americans losing their medical coverage. challengers of the affordable care act say that the law clearly reads that only those that buy health insurance on state exchanges not federal can get subsidies. joining us the president of the american action forum, doug holtz-eakin, town hall senior reporter guy benson and man hat taken institute scholar, oaf vick roy. i have a bang up roundtable.

will start with doug. doug, somebody listened to this 80-minute hearing and both sides emerging declaring victory, what happened and what about the swing vote and what are we hearing? >> i think both sides made a pretty good case. two justices whose views will be crucial. one is justice kennedy and justice kennedy focused today on the question whether, if the court overturned the affordable care act, whether it would constitute some coercion of the states, similar to the idea of medicaid expansion mandatory coercion last time they were in front. supreme court. but most people think that's probably a couple of rulings away from what is germane for this decision. so he may yet still be in favor of overturning. and then chief justice roberts was essentially aisle at today's hearing. didn't question. intervened once. probably swing vote and whose

views remain pretty murky. gerri: i find this fascinating. well, doug, you and i have been there for one of the hears together, talking to people, interviewing folks. guy, to you this is also a political story obviously. what is at stake here for the administration, what is at stake here for the president? >> there ace lot of stake. i apologize for the frog in my throat. i do not want obamacare though. think there is a lot at stake for the administration, gerri. if the court comes down and says that the law in fact reads the way exactly it was written, then you will have millions of people across most states in the country ineligible for generous obamacare taxpayer-funded subsidies. it will throw the law into complete chaos and future of that law the viability of that law will be in more doubt and more question than it has been in a very long time. in fact since before it passed. gerri: so owe vick to you i know you have opinions on this i

want to ask you about the practical aspects of law of king versus bauer well. basically about four words in the law, right? it gets down to the nitty-gritty. what is being debated here? >> what is being debated whether obamacare, the law itself says that subsidies have to flow through state-based exchanges, exchanges established by a state or if that also can be done through an hhs-based exchange a federal exchange and those subsidies can flow that way. the reason this is important, states set up the exchanges to get subsidies when the internal revenue service said you don't have to set up an exchange the federal government can do it for you and that allowed the states to say okay. obama administration was worried some states would not set up exchanges and failed to implement the law as much as they like that.

is how it all got started. something that came out of the hearing that is interesting, one way for said justice alito, for the supreme court issue a stay of implementation of a ruling overturning the irs ruling. we might avoid this disruption if supreme court said implementing their ruling can take place in six months time or 18 months time. gerri: wow, circles within circles. doug, to you, i have to tell you this is so complicated at this point. i know a lot of americans are just wondering if i'm getting subsidies, if king versus burwell succeeds will i continue getting them? what will happen? >> we don't know. as was just mentioned the supreme court could basically put off implementation of its decision if it chooses to overturn for quite some time so subsidies will continue flow. i think it is safe bet people will see alternative system put into the place.

we've seen leadership in the republicans house and senate take to the editorial pages of washington post and "wall street journal" saying in event court rules king over burwell, we have a plan we can legislate and put in place, so people who have subsidies will continue to get them. they will have less in the way of ironclad regulatory approaches to insurance, so there will be more affordable options out there and you have a greater opportunity to shop for something you like. and that response combined with any sort of, window that supreme court offers is really the assurance to people not only will subsidies continue to flow but there will not be dramatic disruption of the individual insurance markets in these states. that is really the key. gerri: what is the political nature to this? republicans in the house and senate have come up with bills. i get the impression although they don't want to talk a lot about it, they're basically doing what doug is saying here which is we're not going to get rid of subsidies and make everybody angry we'll continue

them. is that your read? >> yeah. i think part of it is frustrating gerri, there is a lot of republicans who would like the supreme court to bail them out determine this is all fine, federal exchange is fine and let republicans off the hook from the sticky political situation they would be in if that is the case. this is huge mistake this is chance to lead and replace obamacare with something a lot better. we'll see what the court ends up doing. i will point out talking to court watchers today, almost always such a huge mistake to try to read the tea leaves who will vote which way based on just 80 minutes of oral argument. gerri: avik before we let you guys go, tell me quickly you believe republicans will fail here, right? >> the republican will fail to what? pass a new bill? gerri: king versus burwell will not go over? >> i don't know what the supreme court is going to decide but i think it is extremely important if it goes in the way that conservatives favor for

republicans to advance reform that would allow these states to actually run their own health care systems in the way they see fit. think there is a real opportunity here for advocates of reform to allow through congress states to reform and replace obamacare, state by state. it is historic opportunity. what i worry about there is all these divisions in the republicans in congress. some people say doing into -- nothing. let the law blow up. some say do reforms we want to advance. unless those two sides agree, republican won't do anything. if republicans don't do anything what happens red states that haven't set up exchanges will be forced to do so. they will be forced to implement obamacare because congress will not give them another alternative. gerri: we have a long way to go. great to see you. >> thank you. gerri: we want to know what you think. here is our question tonight will the supreme court kill obamacare? log on to gerriwillis.com and vote. i will share the results at the end of tonight's show.

what does happen if the supreme court does strike down federal subsidies? republican as we've been talking about crafted an alternative plan for the more than nine million folks at risk, i think eight million, paying more for health care coverage or losing it all together. joining me is republican congressman tim murphy from pennsylvania. great to have you here even by telephone. lots of questions tonight what the republicans prefer. sounds like there is disagreement in the ranks. am i right? >> well, we still are in position we don't know what the supreme court is going to do. i was there today watching. i don't really have answer is of what is how kennedy or other people will vote on this i do know this. last time this bill passed christmas eve, in the night, passed a way impossible to read all things in it, sold -- read it find out what was in it. we're finding out what was in it. it was written poorly. i was there for arguments,

listen to the facts as written or try to get context. president and put all sorts of extensions and changes to this. gerri: absolutely true. >> so it is sloppy. this is much like the -- [inaudible] men in a parade following horses. >> where are you going next. where will republican goss next? a bill from orrin hatch, paul ryan, fred upton and john klein in the house. i get the impression, what you would try to do is preserve subsidies but open up alternative options for the states. how would that work? >> alternatives would be this. states would work out agreement to go across state lines, people have that as options. we still have to deal with the issue providing support for those with chronic illnesses that need premium support. ryan is offering in terms of we can offer some tax credits for that, in those ways.

we still will preserve many aspects under age 26 you can stay in the plan. if you have chronic illness you will not be denied insurance. for those to keep in there. what this is set under draft for discussion, a review. we know over last several years we've seen lots of problems emerging with this we want information from the states. i think one of the things come out-of-state hearings as states are specific about this too, they need to be many come to us in con dress as well, saying what are some options they need if they will be providing that sort of premium support and other -- gerri: fast nating conversation. congressman murphy, thanks for coming on the show. >> thank you very much. gerri: appreciate your time. thank you. still a lot more to come this hour including one of the customers suing lumber liquidators on our show to tell his story. next, likely presidential candidate hillary clinton in another scandal as reports show she is conducting state department business on personal

email. is she hiding something? i will ask wayne rogers. he has got an opinion, coming up. ♪ ameriprise asked people a simple question: in retirement, will you have enough money to live life on your terms? i sure hope so. with healthcare costs, who knows. umm... everyone has retirement

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gerri: two pig stories this week -- big stories how those at highest level of american government think they're above the law and not accountable to us the american people. first the white house says the president is ready to use executive powers to raise taxes bypassing congress. second, hillary clinton using private email accounts to conduct foreign policy, basically keeping all her correspondence secret. talking about these issues wayne rogers, chairman of wayne rogers and company. great to have you here. >> thank you. gerri: what is your take on hillary, private email accounts, private server in her home?

>> you have to ask yourself why? what is she doing this for? what is she hiding? anybody with any sense wouldn't be hiding this. i don't understand what it is she is hiding. she has a whole history of deception. remember whitewater. remember file gate. all of these things that in her past point her out as cheat and liar and somebody who has bad history what is it that she's hiding? benghazi, for example she won't answer any questions on benghazi. it is an outrageous thing. yet the fact of the matter is, people ask, is she running for president? she was running for president the day she left the white house. >> wayne, i will mark you down as not a fan of hillary clinton, not a fan. >> well -- how can you be a fan of that? gerri: this is like operating a state department within the state department, right? this is going rogue. this is a shadow government. i mean, here we've seen allegations that she was raising

money from private governments for the clinton foundation while she was in the state department. how can this be right? >> it isn't. that's my point. but what i don't understand why the press doesn't point this out? the press lets her off the hook. she takes the defense oh, i'm for women and women aren't properly represented and i'm for the poor and they're not properly represented. lives in two million dollar house. lectures house on how money and what we're not doing. she is total, total fraud. a person with absolutely no moral standards whatsoever. and she, it is proven. all you got to do is read. unless you stand there applaud like some moron in front of her that makes these speeches. i don't get it. gerri: i want to you respond to what the clinton side saying. they're saying she was well within the rules in the state department. the changes in the rules did not occur after she left. that is when they were required

to use state department email. do you go along with that. >> that is not true. no, that is not true. all government officials are supposed to use they're not supposed to have any private emails. at that is what it says. it is very clear. it says that she did it anyway. she doesn't care about rules. she is not interested in the law. she is not interested in any of that she is interested in herself aggrandizement to be a politician. that is all she cares about. people who don't see that have to be absolutely dumb, blind or, she has got a history. my god she has got a history. just look at her past. gerri: "washington post" tonight reporting that representative trey gowdy may subpoena her emails. she is -- he is conducting a investigation into benghazi. what do you think he will find once he reads these? >> i don't think he will ever get them. i think she believes she is above the law. i don't -- she is like clinton the president. she doesn't think she has any obligation to do this. they already requested them.

it has been over a year and they still don't have them. oh i gave them 50,000 pages. she didn't give them the right stuff. they haven't seen she is obfuscating whatever it is she is doing by presenting them with so much stuff, meaningless stuff. i mean, gowdy is just the third person who has done the investigation. gerri: right. >> it is outrageous. gerri: you have to answer this for me though. >> won't do anything about it. the press doesn't take her to task. that is what i blame. gerri: to that point, the liberal media, not talking about this. ignoring turning their faces, not listening will this impact her presidential ambitions or will nobody even know about it? >> i don't think, she doesn't care, obviously. and i don't think the press cares. if this had been richard nixon, god almighty think what would have happened? this is tantamount to same things nixon was doing. this is, the press is so prejudicial, is so idealogical

constipated they can't deal with the truth. this is a woman with a history of this. we know this. but we just blythely go around, oh she is a woman. she wants to be president. please, give me a break. gerri: she says such nice things but. itch to get to you obama and taxes. this thing got me completely fired up this week of the president is going to enact taxes by executive order, are you kidding me? is this legal? is this constitutional, wayne? >> i don't think so and i don't think the president cares. the president is an imperious person who thinks he is in a position to do anything he wants, by using as he said the pen or telephone. he doesn't care about the constitution. i'm not sure he has really, no historical, no no knowledge of history. he doesn't realize why the copstution was written. he doesn't realize who the people were who wrote it. he thinks that government, the federal government can solve any

problem. he doesn't believe in the free market system. >> yeah. >> he is just he just thinks well, i'll sign something. i will have executive order. that will do it. he wants to be a dictator. he doesn't want to be president. washington has all the answers according to the president. gerri: wayne, thanks for coming on. always good to have you on. appreciate your time. >> thank you, gerri. gerri: later in the show advice on comparing schools to pick the best college for your financial situation. lumber liquidators under fire following a "60 minutes" report claiming they had formaldehyde in their flooring. now the company facing lawsuits. one of those plaintiffs will be here coming up. join us. ♪

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gerri: questions tonight are growing over reports that lumber liquidators is selling potentially toxic flooring. now, there are calls for a federal investigation of the company. senator bill nelson is asking the consumer products safety commission, the centers for disease control and prevention and the federal trade commission to test formaldehyde levels in retailer's laminate flooring that is imported from china. lumber liquidators maintains all their products are safe. mike disagrees. he is one of three plaintiffs suing lumber liquidators in a class-action lawsuit. mike, thanks for coming on the show. it is terrific to have you here. tell us your story. when did you install the flooring and where is it in your house? >> well, thank you first. i bought the product in march of 2013. installed it in april and put it in two bedrooms my son's bedroom and a spare bedroom. gerri: so why did you decide to

go with this company, lumber liquidators? we're seeing a picture of flooring in your house. >> okay. gerri: why did you go with this company and why are you suing them now? >> well, we went looking for product. we have hardwood floors throughout the house. we decided to do a laminate floors in the bedrooms. we went to one other store and looked. we went other to lumber liquidators. the product which we were looking at to match the wood floors is what they had in stock. we ended up purchasing it there. >> the big question is, whether this flooring has formaldehyde in it right? i'm just wondering i'm curious as you were installing this, as you brought into your home, did it have the smell? we all know what formaldehyde smells like? >> i didn't notice the smell, we had the product i had tested with extra boxes left and it was over the limit. gerri: so you have some actual

results. how did you find out there was a problem with the product? >> yes. well, in september of 2014 my wife was reading the paper and there was a article there about lumber liquidators about high content of formaldehyde. what i did was a couple days later, i checked into it. it was through richard, an attorney. i checked into the product. they had a list of all different brands and names. the one mine was on there. so i called to ask questions about it. and i also called lumber liquidators to ask them questions about it. gerri: what did they tell you? >> i made a phone call. talked to the office over there and about four or five days later i did get a return phone call. and an email stating that their product is in carb compliance. the formaldehyde levels are

tested and put it in their family homes. gerri: they put it in their family homes. how did you react to that? how did you respond to that? what do you think the way they are responding in general to these allegations? >> well, i think that definitely there is a problem after seeing different reports. and i feel that lumber liquidators should basically quit selling product and basically reimburse the people. there are probably tens of thousand of people who put this product in their house. for time and labor to change it. gerri: i understand tough still there, right? >> i got the results on productive. yes it is coming out but i still have it there. gerri: do you feel safe at night? >> well i mean, i said after seeing this last program, "60 minutes," this last week it makes me very nervous. gerri: makes you very nervous. before you go i want to read what the folks at lumber liquidators, founder and chairman tom sullivan had to say

about the allegations. let me make one thing very clear, our laminate products all of our products are 100% safe. we comply with applicable regulations regarding our products including california standards for formaldehyde emissions. he states nothing to see here. and your reaction? >> after having my product tested and other limits tests, being two three to 20 times higher. there is a problem. there is definitely a problem. they definitely need to fix the problem. gerri: mike, thanks for coming on the show tonight. >> thank you very much for your time. appreciate it. gerri: well, we made phone calls on this today of the pressure isn't only on lumber liquidators but the environmental protection agency too, the epa expected to finalize proposed standards similar to california's tough rules before the end of the year but this law was supposed to be come pleated in the beginning of 2013. government late as usual. in a statement to fbnepa warns

if you're considering testing your home for formaldehyde you thud should be aware drawbacks testing indoor air of formaldehyde due to unreliability of consumer testing methods, difficulty interpreting results and costs. another government agency consumer product safety commission, they have a horse in this race, they say they are in information gathering mode. that's what they told me this afternoon. lumber liquidators will host a call with investors next wednesday. maybe we'll have some answers before that. we'll continue to follow the story. coming up a sneak-peek at tonight's "strange inheritance" on the fox business network. our users guide paying for college on advice comparing schools, the offers. how to pick the best place for you and your wallet. ♪

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gerri: welcome back to the willis report. in a moment, it's day three of our users guide to paying for college. time for a look at other stories in the news. another winter warning from texas to new england. worst affected are west virginia and kentucky, expected to get up to 10 inches of snow. new york and d.c. looking at six to 8 inches. the good news, this could be the last big winter storm of the season. tsarnaev has began with opening statements. he was willing participant in the bombing plot while the defense said he was under the influence of his brother. a north carolina sheriff said the heist of millions of gold we told you about it last night from an armored truck may have been an inside job. the suspect only the possibilities are being suspected. investigators have found no mechanical problems with the truck as the men had claimed.

target is cutting several thousands of jobs as part of a plan to cut costs in several years. it will take place at its corporate headquarters. those are the stories in the news tonight. high school seniors are facing an uphill battle to not only get into college but paying for it. nearly thousands of options to choose from the quest isn't easy. we have rob publisher of the princeton review. the best 370 colleges and joins us for day three. rob, welcome back. >> good to be here thank you. gerri: i think this is so interesting. kids apply to a million different schools with the app. how do you make an apples to apples comparison? >> totally hear you. it's an easy algorithm. you have to look at total cost of attendance. that's tuition room and board, fees and books,

the big four, minus your efc. expected family contribution. that will be the total cost of school. gerri: this is not a number that mom and dad come up with. we'll pony up $8000 a year or 20,000 a year. that's not how it happens. >> it is not. it's the fafsa form. it's your financial aid application. it will yes, he yield that efc. it expects you to pay on your child's behalf. >> you have the cost of attendance. you have your efc. then you look at how much you need to fill the gap. you'll use scholarships and grants. loans. obviously the free money is better. it occurs to me that the more expensive education could actually be less expensive in the long run because you're getting more money. >> absolutely. and that's sort of the myth that's out there that an expensive school

should be crossed off your list of consideration. that school could have deep pockets giving out free money. >> so it's a big lie. >> you need to drill into the sticker price. don't be hoodwinked by just the high sticker price. you could be doing yourself a disservice. gerri: let's talk about other ways that people think about which offer to take up. >> they should think about career services. when we think about best fit, this is student parents telling us. i've been doing a survey for 11 years. college hopes and worries. the two most important things for you to do is to find a career that has great career service. and then best overall fit. academic campus culture financial aid. >> how do i know which school has the best counseling? >> one of the things we've been doing, we have the list of best career services. osama binonly a top 20 list.

use those schools as superlative. challenge the school you're visiting next weekend. >> what kind of questions would i ask? if i have a state college in my crosshairs. i want to make sure they do something for me when i get a job. what do i ask? >> what are the internships that you will get as a typical undergraduate. are they paired to a specific major? how active is that alumni network for students to get jobs and internships three, where are students going after graduation? where are those things? are they getting jobs upon graduation? and how much are they being paid? gerri: that's a big thing. you come up with additional things too. some people are really looking for certain things. best financial aid. best career service. who ranks in your list on these specific ideas? >> yeah. one of them is number one on the list, for best financial aid is pomona college.

one of the five financial colleges. it will be a great visit. great school. high sticker price. $61,000. giving out an aid package. bringing it down to $17,000 with their financial aid. gerri: that's what we're talking about there. best career services. northeastern university. professors get the highest marks where? >> reid college. 1400 students. portland oregon. students say they have incredible relationships with their professors. best location the most popular location on campus is the library. doesn't matter the day of the week. gerri: i don't believe that. you're just telling these things all day long. elon university, best school. why should i care about administration? >> you won't a great quality of life experience. residence halls. mental health. physical health.

gerri: you know those food service people are driving up the cost. the omelet station. sushi bar. crazy. we have to go, rob. thank you for coming on. been a pleasure. thank you. coming up tomorrow, our users guide for paying up for college continues. as a student comes on with his dad as he shares his story and get advice from our expert. if you have questions for yourself or a freshman in your life, let us know on facebook or twitter or email us at gerriwillis.com. on friday we'll have a roundtable of experts answering those questions. get them in. mcdonald's making another move to try to repair its junk food image. apple pay ripe for fraud? the new report that has a big warning for consumers. don't miss it. here's your consumer gauge with the numbers that mean the most to you. ♪

gerri: "strange inheritance" is foxfox business' hot new show. ground breaking series shares stories of how families decide what to do with their newly acquired possessions. jamie joins us now. that first episode tonight features the strange inheritance of a tree stump. >> i heard tree log. i thought okay. but it has shrapnel from both sides of the civil war battle. gerri: wow. jamie: so we take you back to show you how that log came about, why the benefactor kept it all these years. we found a collection that happened a couple of times. there's the log right now. it went to someone who appreciates it. he collects civil war memorabilia. the family appreciated it. through that log a cache of memorabilia, a

daughter learns about her father. things she never knew. things he never shared. sometimes the item itself is interesting enough but in all these cases, the story behind it is really what makes "strange inheritance" so different. in this particular case like a couple of the other experts when you call in a civil war experts and they say to you, this is the kind of collection that i see once in a career, it makes for a very exciting episode. >> i think we have a clip. >> he called me back, and he said well this collection, will it fit in an suv? and i go, no. so he checked it out. it was overwhelming. just falling out of closets and cupboards. there were guns wrapped in newspaper from the 1950s. we were on to those finds that you get once in a lifetime. >> definitely once in my

lifetime. sometimes hoarding pays apparently. you'll see tonight in the episode what this house looked like and how many artifacts were. that's not all gerri. there's more. a lot of people have driven from la to vegas and back. they stopped in a place called baker. not bakersfield, baker. there they have the world's tallest thermometer. we used a drone to shoot this thermometer. the pictures are fantastic. this family is fantastic. they love this thermometer so much -- well listen. >> it's big. it is the world's tallest thermometer. if you asked my mom, she would think he's crazy to spend 750,000 dollars to build a thermometer. jamie: based on what i've seen that's not crazy at all. but they want this to be a landmark for their loved one. and he supported his community, and the thermometer drew people to the town to spend money on businesses. they now have a

thermometer gift shop, thermometer t-shirt, thermometer cups. even thermometer thermometers. you have to check it out. it's a great line up tonight. thanks, gerri, so much. gerri: "strange inheritance," monday through thursday, 9:00 p.m. eastern time right here on the fox business network. great stuff. mom loves it. >> i love that. thank you. gerri: apple says its mobile payment platform is secure. hackers haven't breached the system. fraudsters are finding new ways to breach in. teresa payton. founder of solutions. welcome back to the show. i was shocked shocked shocked to find out people have already spent $3 billion on apple pay. what is going wrong here? how have the bad guys gotten? >> well you're absolutely right, gerri. the bad guys have gotten in. they haven't hacked apple pay themself. they looked for the weakest link in the

chain. if they bought stolen credentials, bought your breached information like the last four digits of your social security number and plopped it on an iphone depending on the bank, they can masquerade as you. they've actually breached the authentication process at the beginning where you do the account set up. >> are you saying the problem is with the banks and not with apple pay? >> that's how it appears to be right now. and, you know the banks erred on the side of trying to make it easy for you to set up this new account and encourage you to use it. each bank is doing it differently. sometimes it's a little too easy. the information they use to validate you is unfortunately available publicly on the cyber underground. >> at the end of the day, should people take their iphones and not use them to pay for things really? >> you know, you bring up a great point gerri.

the first thing i would say to the banks that haven't implemented this yet try doing a pilot. do a small group of customers first and test out your process. for consumers listening don't abandon apple pay. this type of technology is here to stay. but there are a couple of things you can do to take control of your own privacy and security before you set up that mobile wallet. gerri: well, i hope i'm doing them, teresa. unfortunately, we have to go. thanks for being on this show. i don't know if i'll have that apple pay or not. thank you so much. still to come mcdonald's making a big announcement about its chicken. the company is going clean. will it repair its image?

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gerri: in a bid to boost its image, mcdonald's announcing it will serve only antibiotic-free chicken. it follows the trend increasingly offering chicken, beef and pork without antibiotics. but will this lead to better sales? bruce. good to have you here bruce. >> thank you. gerri: will this save mcdonald's? will antibiotic-free chicken make them a successful company? >> no, it's not enough. it's a nice start. what they're doing is they're defending a negative. that's like nixon saying i'm not a crook. that's like a clothing company saying our jeans will not make your butt look fat. no antibiotics. they shouldn't have been there in the first place. it's not enough. gerri: aren't they late to the party? hasn't chipotle already done this? purdue chick-fil-a, a lot of companies already on that bandwagon. >> not only are they on the bandwagon, some of those companies like

chick-fil-a have completely removed drugs and antibiotics. mcdonald is still allowing it. i looked it up. something called ionfors. they're not even getting rid of all of them. they're getting rid of some of them. that's not enough. gerri: you know, it made me wonder if they'll try to appeal to a higher end clientele. this whole antibiotic-free thing is seeping into the general population. but the reality is that there's still a small group of people and largely millennials who even care in the first place. >> yeah, that's a very smart way to look at it. if you think about it there are health issues with their food fat, salt, and the like that people are concerned about. if they're going after a higher value customers in bad times, they will still spend money. that's a good point you bring up. gerri: are other restaurateurs going to follow suit?

are they he at at the end of the parade? >> they'll follow suit. they'll continue to up the ante. they'll make bigger statements. remove more of the offensive materials. it will go from being late to the party to really playing catch-up. the have to make a big move. gerri: what could they do to make people like them again? >> remember, people like mcdonald's because of the foods that you and i eat and say wow, we're not supposed to it. gerri: don't get me wrong. i love it. fan of the fries. but the stores are offputting. maybe a pop and some soap would be a good place to start. >> that doesn't take any antibiotics, does it? they could make the experience, they could make the consumer experience, the customer experience more enjoyable. as long as you'll go in for antibiotic-free chicken or a salad, you

know you'll reach across and eat your kid's fries. gerri: no, i'm buying my own fries. i'm not sharing fries. i eat them all the time. what's the one thing that mcdonald's could do to bolster its image? >> improve the experience. they went for this generic anywhere you go you get the same thing. it's time for them to say, we are america's favorite food. we are regional. we are here because you love us. and we're going to make the experience as wonderful as we can. gerri: and hamburgers are okay. >> hamburgers are pretty good. gerri: appreciate your time. and we'll be right back.

gerri: big question tonight will the supreme court kill obama's health care law? we asked the question on gerrigerriwillis.com 59% said yes. 41% said no. coming up tomorrow, our users guide to paying for college continues with a student and his dad sharing their story with college acceptance and getting advice from

our expert. that's it for tonight's willis report. making"making money" with charles payne is next. have a great night. we'll see you right back here tomorrow. ♪ charles: i'm charles payne, and you're watching "making money." well the markets continued to march higher. but on that note, adp released their own jobs report this morning. immediately you noticed not only how low the number was but the trend of the lower number getting lower and lower. by the way that's what a 30,000 revision for january. the result was the lowest since may of last year. from michael neil and ceo of united rental on this show. construction was strong. 30,000 jobs. you see this tiny sliver? that's manufacturing. heartbreaking. only 3,000 jops. the adp number speaks to a tepid number of jobs. let alone all the jobs lost in