hi, everyone. thanks so much for being with us. i'm zinhle essamuah. >> and i'm kate snow. "nbc news daily" starts right now. today, wednesday, september 20th, 2023. breaking news. holding steady. the federal reserve decides not to raise interest rates.

how long the pause could last and what today's decision means right now. facing a judge the suspect accused this the ambush killing of a california sheriff's deputy appearing in court, what his family is now revealing about his mental health struggles. surprise rejection, the fda said no to first needle-free alternative to epi-pen. it was touted as a game-changer. and take a brain break, more schools than ever are allowing students to take mental health days, how to know your child might need one and how to make it count. >> an important conversation as we start this school year. >> yeah. stay with us for that. but we'll begin this breaking news about your money. >> the federal reserve announcing it will not raise interest rates this month, this is just the second time in the last year and a half that the fed is hitting the pause button. the fed chair powell explaining the decision earlier today. >> we want to see convincing ed that we have reached the

appropriate level and we have seen progress and we welcome that, but we need to see more progress before we're willing to reach that conclusion. >> nbc news business and data reporter brian cheong joins us now. we just heard from the fed chair. translate that for us. >> the appropriate level, at what place do they see interest rates, this is good enough to make inflation come down, it's not mission accomplished. inflation came down from 9% t 3.7%. but the fed wants to see that closer to 2%. we raised interest rates so aggressively over the past year and half. they don't know if they're completely there yet, one interesting thing to read from this decision today that a majority of member policy setters at the fed they could

see the case for one more interest rate hike from the end of the year. >> so interesting, we were talking in the commercial break, we have pretty good mortgage, a lower rate and now like -- a lot of people can't afford to buy a house because mortgage rates are so high, are you saying it could be a while -- >> exactly. >> those rates go back down. >> we have to remember the conditions that led to 3% mortgage rates people were buying houses like crazy, that was because the federal reserve was aggressively cutting interest rates in the wake of the pandemic. to stimulate this economy and what we have had since then is unprecedented inflation which has allowed the fed to re-raise interest rates. for the time did being no instance where the fed would cut -- they want to keep the

interest rates at this level for some time. they think it will take up until 2026 to make inflation go down. >> also, you just said, we shouldn't expect to see inflation go down, prices go down for a while. >> exactly. a little bit of patience is what the fed chair was messaging. >> brian, what is the fed exactly watching for as they're considering the rate changes many. >> go things, unemployment and also inflation. the inflation side of things, we know. we just flashed that chart many front of you. coming down, nudging up a little bit. not necessarily cause for panic. on the unemployment side of things, things look really good, unemployment rate at 3% essentially near historic lows and the fed in their forecast today showed unemployment rising to 4.1%. in june they projected that going up to 4.6%, that picture

looks better according to fed's update today. >> brian, thank you so much. general motors says it's temporarily shutting down a plant as fallout escalate prs the stalled progress on contract negotiations with the united auto workers. the moves comes as the union is applying more pressure on the three carmakers. and threatens to expand its walkout 48 hours from now. stellantis is planning to lay off workers in indiana. shaq, how significant going back to gm, how significant is this shutdown that we just learned about, how many workers? >> reporter: yeah, this is hugely significant, you're talking about 2,000 non-striking workers receiving layoff noteses because they're not getting enough parts from the plant in which there's a strike happening that's what gm is saying, there's no more work for these 2,000 workers and the parts and the supplies aren't coming in so

they're forced to do this for the duration of this strike. but, look, i was talking to a local a union here, they said there are some suppliers where they're receiving layoff notices because of the striking plant here. you're seeing the ripple effect continue to grow from this strike that's happening at just three plants but you get a sense of how many people it can impact. >> it could be bigger, because we're getting closer to that self-imposed deadline of friday that the unions where they would add more work others the picket lines unless there's significant progress made on the negotiations, what do we know? is the union holding out for all of their demands? >> reporter: look, you heard shawn fain acknowledged in

interviews that they're not going to receive everything but more than what's been offered in the latest contract. a conversation i had with a worker out, i asked about the deals out there and asked what he wanted and how often, listen to what he told me. >> how closely are you watching updates in the negotiation and hourly almost. hourly. we got to be updated so we know what we're doing next. >> what are you thinking about what you're hearing. >> what i'm hearing everything's slowly getting together. we'll be here as long as it takes. >> reporter: and an official with stellantis tells me that conversations are indeed ongoing, consistent with what we're hearing from other automakers and other sources with the uaw, we know the sticking points over wages, over retirement, cost of living and work/life balance, no clear sign that there's progress

immediately. >> we'll be watching it. you'll be watching it. shaq, thank you so much. surprising move, the fda denied approval for a needle-free alternative to the epi-pen. let's start with the fda's reasoning. . what was the fda's reasoning for rejecting this nasal spray? >> this is unexpected. >> this is really unexpected. because their own advisory panel back in may said this drug should be approved. not enough data to show that this drug was effective, the company showed that the drug produced a response similar to epi-pen. people with mild allergies as well as animals.

there really wasn't any data show though it worked effectively in people with the severist of allergies. now they have to go back and conduct another study and resubmit its application. >> what is the drugmaker saying? >> yes, the company released a statement late last night saying they're very surprised by this move. if you can bring up the statement from the ceo. he said, we're deeply disappointed that this action further delayshe availability of neffy. patients and caregivers are waiting for neffy. we aim to finish the newly requested trial as quickly as possible to meet the needs of patients. the company says they're going to appeal this decision and if they resubmit their application they say the fda can make a decision in the second half of 2024. >> i'm sure a lot of people were bummed to hear this news, at least initially, lot of people use epi-pen. if neffy gets approved.

how big of a deal will this be? >> this is expected to be a huge deal, so all the products available on the market right now are injections, that could be a problem for people who are afraid of needles. which company told us 3 million of people who have a subscription of an auto injector. only 25% use them when needed. right now, we have a life-saving product that's really being underused right now. >> thank you so much. time for today's cnbc money minute. a bottled water feud is brewing in california. >> another streaming service is getting into the live sports game. morgan brennan joins us now. getting into sports has become a sport. california water regulators are blocking nestle -- to use the natural springs they've relid on the company has been unlawfulry taking water from the mountains

near the san bernardino. applications to refinance a home loan has spiked. the average right climbed above 7 .3%. borrowers worried rates could go even higher. and live sports are coming to max, warner brothers discovery is adding a new tier to its streaming app starting in october, $10 a month, they'll be able to watch live sports on the app from the nba, mlb and march madness. key area in terms of acquiring those viewers and getting them to pay those fees. >> we just talked about brian about fed and interest rates. people are still trying to refinance because they think it's going to go even higher. >> there's a concern out there, you could see mortgage rates go even higher and student loan

repayments could be going higher. >> good point. >> thank you. coming up, a murder suspect is released from an indiana prison by mistake. how could that have happened? plus a high school band director tased by police in front of his students. why he said it never should have happened. you're watching "nbc news daily". trelegy for copd. ♪birds flyin' high, you know how i feel.♪ ♪breeze driftin' on by...♪ ♪...you know how i feel.♪ you don't have to take... [coughing] ...copd sitting down. ♪it's a new dawn,...♪ ♪...it's a new day,♪ it's time to make a stand. ♪and i'm feelin' good.♪ start a new day with trelegy. no once-daily copd... ...medicine has the power to treat copd... ...in as many ways as trelegy. with three medicines in one inhaler,... ...trelegy makes breathing easier for a full 24 hours, improves lung function, and helps prevent future flare-ups.

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the alabama high school band director who was tased by police many front of his students spoke out publicly today. video of the incident once so you can see what happened. but a warning it's hard to watch. in the clip, at least three police officers surrounding the band director after thursday night's game. they say they asked him to get the band to stop playing and he refused. that's when the video shows him being hit by a stun gun several times. that band director was arrested and charged with disorderly conduct, harassment and resisting arrest. guad, what did we hear from the band director today? >> reporter: the band director has been placed on leave, he said he was doing his job with the band as they played part of what they call the fifth quarter performance. he said students prepare every

week for these performances and he wanted to finish the song. we've seen these videos released many of them by the police department and shared with the media but we're also seeing some other videos shared on social media that show the moment that officers approached him, an argument, a physical altercation resulted with what we saw the moment he was tased by the officer. here's the band director and his attorney speaking earlier today. >> the things that happened in that game should have never happened. the students should have never seen me tased. i was not trying to be defiant to the police department, i was just trying to do my job which was previously established before the end of the game. >> we again stand firmly by our belief that this was excessive force, unnecessary and unwarranted. >> reporter: of course, now, they're asking for the officers that made the arrests to be held accountable for this.

>> let me ask you about the police, this is hard to understand, it happens in front of kids, the police have said the band director was resisting that he even struck someone -- are they defending what they did? >> so, kate, the press release shared by the police department said the officer made by the arrest alleged he was pushed by the band director. the band director's attorney said there are more videos not shared that contradict the version shared by the police. lot of attention being placed on the students because the lights were turned off before the band ended and a lot of those students had to exit those stands in the dark which was of course something very dangerous on top of the traumatic event they had to witness, kate. >> yeah, i feel bad for the students in all of this. guad, thank you. round the clock manhunt is under way in indiana after a suspect was released by mistake.

the sheriff's office only told the public about the accidental release yesterday, six days after they knew he was gone, nbc news coimportant emilie ikeda is following this developing story. why did authorities wait nearly a week? >> reporter: how this suspected murderer merely walk out prison. in short the answer is clerical error and a critical one at that. for background, kevin mason arrested last week on three different warrants, related to homicide, parole violation, what happened in marion county, indiana, a clerk there accord the sheriff's department they lifted two of those holds and cleared those warrants. and a third hold was lifted.

that ultimately allowed mason to pave the way for him to just accidentally be released. the sheriff's office alerted the public as you mentioned six days after they learned of the mistake, authorities do believe they have since gotten close in capturing him, they didn't want to tip him off, drive him even further away. take a listen here. >> we have used this time as a tactical advantage for us, we have used this time, the quietness of the situation to not further run him under ground. >> the sheriff's office has terminated two clerks since then. >> wow, what's the community saying about all this in. >> understandable concern here, especially with that six-day gap in when they became aware of the information. as you mentioned, the sheriff's saufs said this is round the clock operation similar to pennsylvania after danelo

cavalcante escaped from a jail, also involving a multi-agency search, they won't rest until he's back behind bars. >> yeah, emilie, thank you. coming up the suspect behind the ambush killing of a los angeles deputy facing a judge, what his family is now revealing about his struggles with mental health and how that could impact health and how that could impact this case. want your clothes to smell freshly washed all day without heavy perfumes? try downy light in-wash freshness boosters. it has long-lasting light scent, no heavy perfumes, and no dyes. finally, a light scent that lasts all day. downy light! ♪♪ finallooking for scent bladder-leak protection that neutralizes odors and keeps you dry? try new depend® fresh protection™. it absorbs 25-times its weight and featuresdryshield™ technology, that protects better than pads and keeps you 2-times drier.

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good wednesday. this is "the fast forward." i'm janelle wang. if you have been outside, you know we are in a weather alert. smoke blanketing skies, has extended our air quality alert. >> it's smoky outside and unhealthy air quality continues. it will most likely continue as well. all across the bay area, it's unhealthy for sensitive groups, anyone with my breathing problems or the children or elderly should limit time outside. our temperatures are headed for the upper 70s. the weather is comfortable as we deal with there wildfire smoke. we are still having to stay inside and maybe turn the air conditioning on recirculate. danville heads for 80. we will see temperatures in the upper 70s. upper 60s for san francisco.

slightly cooler weather ahead. we will look at that coming up in 30 minutes. >> thanks. here are other stories. santa clara is unveiling a unique housing development. roots soccer club is closer to being in the bay area. on the earlier topic of weather, pg&e is warning that power shutoffs could be on the way. orange areas are the communities that may be affected. those include 4,200 customers. it would primarily happen to the north of us, in northern california. they do include parts of napa and lake counties. they are worried about the windy and dry conditions. the oakland roots and soul soccer clubs are closer to a home in the area. the city council authorized an exclusive six-month negotiating deal with the club owners last night. plans call for a temporary 1,000 seat stadium on the coliseum complex property. the idea would be to build a

bigger, permanent soccer specific stadium there eventually. good news for those trying to make it in the bay. images of what is the state's largest agrihood. it's on winchester boulevard across from west field valley fair mall. it will provide 350 housing units, including below market units for low income seniors and veterans. it includes farmers markets and gardening lessons. members of a tiny east bay school district meet today, eight days after making a decision that made national headlines. what could happen following a decision to ban certain flags, including the pride flag. bob redell has a preview. >> reporter: later this afternoon, the school district will hold a special governing board meeting. it's not clear if it's related to the decision last week to ban the gay pride flag here at the school. it's possible that some parents

might rally at or outside the meeting. it was last tuesday the board passed a resolution that says the school can only fly the flags for the united states and the state of california. the issue originally arose in june when the school flew a flag pride in celebration of pride month. the superintendent found the board's decision last week disturbing. 90% of the staff support flying the flag. parents are pushing to recall two school board trustees who voted to disallow the flying of the flag, one of the board members released a statement last week explaining her decision. she was referring to a supreme court case that found the city of boston violated the first

amendment because it allowed some groups to display their flag but refused to fly a christian flag. bob redell, nbc bay area news. >> thank you. we will switch gears. half moon bay, their pumpkin festival is coming up. it celebrates the 50th anniversary this year. organizers are awarding a special ring to the winner of the weigh-off competition, in addition to the traditional prizes of a jacket and just over 20 grand. the event takes place october 9. a story we are watching. 2,500 health care workers are threatening to go on strike by the end of this month. union members say if no contract agreement is reached by september 30th, they will hit the picket lines. we reached out to kaiser for a statement. it says it is working on a response. this could be part of a more national strike. 70,000 workers nationwide are threatening to do so. get the latest on our website.

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turn to cold, with tide. bottom breaking news, white house announcing it will restart the program that sends free covid tests to americans who request them. very significant move, as health experts anticipate a new wave of coronavirus cases this ll. gabe gutierrez joins us now. we're just learning about this,

i know we had to look far and wide to find covid tests when i had it a few weeks ago, what do we know about this decision, what's prompting it. >> we're just hearing about this. white house clearly anticipating another winter surge of covid, announcing a website covid tests.gov will begin taking orders on monday and households will be able to receive up to four tests, the administration's also spending more than $600 million to buy tests from a dozen domestic manufacturers. so covid hospitalizations have been on the rise in the u.s. so they are still very low compared to earlier stretches of the pandemic. but, again, the white house now announcing that it's reviing the program so that anyone in the u.s. can order these covid tests. up to four per household. if you go to that government website.

covidtests.gov beginning on monday, very expenexpensive. . the administration spending hundreds of millions of dollars to purchase these tests from several manufacturers. >> gabe the administration spending hundreds of millions, a sudden shift, is the white house really that concerned about covid? >> look, the white house has always said that it takes covid very seriously, but this recent rise in cases, this does seem to be a shift in what the administration, the messaging behind it, they want to be very careful and maintain a watchful eye as they head into the winter. we're just learning details about this, $600 million being spent on this to purchase these tests and they want to stress that this is something that all americans should, you know, should take this very seriously

and it's something that expect to roll out in the coming months. >> what's the website again, gabe? >> covidtests.gov. >> gabe, thank you. the man accused in ambush murder of a los angeles country sheriff's deputy has face adjudge for the first time. >> the suspect's name is kevin salazar, taken into custody early monday morning, he barricaded himself in that home for hours before surrendering. >> joining us mow is dana griffin. dana, let me start with you. what happened in court today in. >> we got to see the suspect for the first time behind that plexiglass structure in court. he only spoke when the judge asked him to confirm his birth date. he entered a plea of not guilty,

not guilty by reason of insanity. lying if wait, firing from a car and personal use of a firearm. you mentioned that big question, how did he get this particular firearm he had been diagnosed with schizophrenia. his family said he heard voices in his head and he possibly obtained the firearm legally. questions surrounding how that is possible. a press conference in a couple of hours. we expect to hear from the d.a. and l.a. county sheriff to get more information about these charges and more details about the case. i also want to note just moments ago there was a procession of law enforcement escorting ryan clinkunbroomer's body to the morgue, there's a go fund me

that has raised $30,000 in the last 20 hours. >> this incident did shake up the community. danny, dive into this point that dana mentioned, we know the suspect's sister has said that the suspect has schizophrenia, he was hearing voices, how that might play into a possible defense? dp. >> even if you have aschizophre voices, none of those alone will support an insanity defense, in other words, he has to -- the defendant hasn't been able to appreciate of the righteous or wrongfulness of an act. it's about society's expectations. you have to be unaware that society deems it wrong. if you hide a body afterwards

evidence you were aware of what society believes is wrong. you need evidence that you either didn't know the nature and consequences of what you were doing and you didn't appreciate the wrongfulness of the actions. that's measured against society's view of wrongfulness. danny, dana, thank you so much. two colorado police officers charged in the death of a elijah mcclain n august 2019, he was stopped by police while walking home from convenience store, during the stop one of the officers believed that mcclain reached for a gun, he was put in an apparent chokehold. minutes later, paramedics arrived and gave him a lethal dose of ketamine. one police officer has been fired. two other officers and two paramedics allegedly involved in the incident were suspended

without pay. trymaine lee is following this story. walk us through what happened in court today. both that chokehold and ketamine were later banned, right, in the state. >> that's right, the jury was seated today in this trial and opening statements were scheduled to begin at 3:30 eastern time, both of those practices, both the chokehold and the ketamine have since been banned by the police department. >> trymaine, with that said, what's next for the other officer as well as the two paramedics who have been charged in this case so far? >> this trial is expected to last about a month and the third officer involved in this case is scheduled to go to trial in october the following month in november those two paramedics who are accused of actually injecting that ketamine into his body will face trial themselves.

>> how is the community responding right now. >> i spoke to some folks on the ground they say it's been relatively quiet. elijah's mother was in court there today. supporters have been pushing and pushing to have justice in this case. justice now is playing out. folks are breathing not a sigh of relief but they're sighing in this moment where they're seeing elijah's accused killers going to trial. >> thank you very much. on capitol hill, attorney general merrick garland faced an all-day grilling by house republicans today in what's normally a routine oversight hearing, it was garland's first hearing before the house judiciary committee since a special counsel brought criminal indictments against former president donald trump. nbc news congressional correspondent julia joins us now. a pretty fiery as far as

hearings go. >> reporter: this hearing, 5 1/2 hours wrapped a couple of minutes ago, he was in the hot seat all day. house judiciary committee chaired by jim jordan. spear heading the investigations into hunter biden and the impeachment inquiry of president biden. pushback for a hearing they used to justify this funding the fbi and the doj. we heard in many weeks republicans used the power of purse, congress has power over money, saying they may move to defund the justice department for weaponization of government, there was one exchange in particular that stood out today and that came from democrat adam schiff, who tried to poke holes in the former president said over the weekend on meet the

press. >> was the president telling the truth or lying did the president biden told him to indict. >> the decision to indict was made by the special counsel. the statement the president made on sunday was false. >> no one has told me who should be indicted in any matter like this and the decision about indictment was made by mr. smith. >> of course, there garland is talking about the special counsel jack smith he appointed to oversee these cases into the former president and he's conflating what's going on terms of hunter biden. now, listen, all of this is interesting as well because we had a republican in the room, ken buck pushing back on the impeachment inquiry who givesing some cover to garland, he said republicans no matter what he did would have been disappointed that david is now leading the investigation as special counsel

into hunter biden. no matter what they would have done they would have found ways to poke holes. >> julie, thank you. let's talk about that f-35 mystery, still no word on why the tracking device for the military jet failed to work after its pilot ejected from the cockpit. here's nbc correspondent sam brock. this morning we're learning new details about how a fighter jet came hurdling back to land before crash landing in a remote area. but still no explanation as to how the military managed to lose track of the $100 million aircraft or why it's pilot ejected. >> that will be something they investigate, believe me. the pentagon does what the pentagon does. they'll investigate to try to get the answers on what happened. >> reporter: when those answers come isn't clear. do you feel lucky today?

>> oh, yeah. feel lucky that it hit the field. >> reporter: as a wider view of the wayward path shows the pilot ejecting in north charleston, but the jet ending up 80 miles away here in williamsburg county. >> usually airplanes, other military aircraft in which the pilot ejected, the airplane will fly for a while, maybe 30 seconds to a minute. but several minutes, that is surprising. >> reporter: the marine corps says the pilot ejected around 1:30 sunday and residents reported their home shaking around 2:00, meaning it could be flying on autopilot for more than a half hour. >> probably a hundred feet above the treetop. >> reporter: they eyewitnesses live a few miles from the crash site. they're celebrating their son's seventh birthday when they saw the jet dropping. >> almost going inverted. >> reporter: the jet itself was inverted? >> it was probably three-quarters of the way. we could see the canopy. >> reporter: demos of the f-35 aircraft posted by lockheed

martin show its ability to hover and land in a vertical column. they saw the plane intact. didn't think much of the boom they heard. did you call the marine corps? what calls did you make? >> i did. i called. but it wasn't -- probably wasn't until 4:00-ish. and i think they had already zeroed in about where it was, you know, at that point. >> reporter: hours later, the debris field was confirmed. sam brock, nbc news. coming up, more states are allowing students to take mental health days this school year how to, k

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mental health often is forgotten in schools, very comfortable with broken arms and broken legs but we're not very comfortable with depression and anxiety and things our students are struggling with. >> today we're focusing on a growing trend schools allowing kids to take a mental health day. >> for many kids school is stressful. take a look at this map. 12 states in yellow allow public school students to take mental health days. >> joining us now is dr. robi

ludwig. some people may say, why do kids need mental health days? >> they can get tremendously stressed out. there's peer pressure, there's high expectations, scholastically and in sports, applying to colleges, just transitions that may be happening in their own lives and within their families, so they're juggling with a lot and they found there's an uptick in depression, anxiety and even suicide. it's good we're talking about this issue right now. >> let's back up, how does actually taking a mental health benefit a kid? >> well, kids have a sense when they're overwhelmed and now instead of getting sick they can say emotionally i needed time

out. the sense where they need to rest, relax, reboot, and this is helping with their emotional intelligence, identifying the whole person and knowing when they need to remove themselves when they're feeling overly stressed and for parents to recognize that, you know, kids have a lot of stress in their lives, maybe it's due to a long project they were working on, maybe they can use the time out in a celebratory way for their child, but just knowing that the brain that's in survival mode is not learning is not connecting and that's what this mental health day can do it gives the brain a respite so the child can learn better. >> i have to ask, as a parent the debate of do i let them stay home from school, they're missing academics, encourage them to skip school, ask for

mental health days a lot, how do you figure out when it's necessary or not? >> such a good question. we feed to look for patterns, so having one or two mental health days certainly makes sense, but if we notice our child is choosing a mental health day to avoid certain stressors and certain problems going on in their lives that's obviously not the right approach. the parent needs to follow up, is there something bothering you? something disturbing you? so, certainly a parent should explore the need and, you know, obviously, that's what you want to look for if there's pattern of overly using it. >> so a lot of parents, though, can't take time off to care for their kid, what are alternatives to a mental health day and if you're taking one what are

activities you should be doing? >> yeah, such a great question. it doesn't have to be all or nothing, you can allow your child to sleep in late so they're getting more rest and going to school a little later and sometimes it looks like leaving school earlier and families should say, to their child, what's the intention behind your mental health day? what do you want to get from it? through exercising, through relaxing, listening to music. try to stay away from technolo tygype 2 diabetes? discover the ozempic® tri-zone. ♪ ♪ i got the power of 3. i lowered my a1c, cv risk, and lost some weight. in studies, the majority of people reached an a1c under 7 and maintained it. i'm under 7. ozempic® lowers the risk of major cardiovascular events such as stroke, heart attack, or death in adults also with known heart disease. i'm lowering my risk. adults lost up to 14 pounds. i lost some weight. ozempic® isn't for people with type 1 diabetes.

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this is "the fast forward." welcome back. looking for a unique bay area way to have a vacation. a man plans to turn railcars into your next rental. bart made the announcement it would give away the fleet of old train cars for free. that gave michael lynn an idea. he and his friends are moving one bart car to an airbnb. he says it's important to save the trains. >> with bart, if you think it, there's little preservation of trains post 1960. i just -- i have always loved the design with the sloped nose of the front cars. it seemed like a shame to not preserve it in some way.

>> he is demoing the structure on a plot of land. if all goes well, his bart compound will be ready in 2025. the first day of fall is coming up this week. will that smoke be lingering around? kari hall has the answer. >> as we look at what to expect, the air quality still a big issue with wildfire smoke coming in from northern california. we are going to see temperatures reaching into the upper 70s and low 80s tomorrow. then we are going to welcome in our first day of fall with highs in the low 80s in the inland areas. we should see clear air as well. next week, slightly cooler as we get a chance of rain in the forecast next tuesday. for san francisco, expect highs in the upper 60s, smoke and smoggy conditions continue for today and tomorrow. we will see a very nice weekend ahead. it may be foggy at times, especially on sunday. rain chances will be increasing on next tuesday.

nbc bay area responds to a south bay woman who was on the hook to a bank. >> good morning. a cell phone lit up with a text from bank of america. a fraudster tried to charge $2,600 at an electronics store. the bank asked if it was legitimate. she said, no. the bank stopped that. which is great news. seven minutes later, a bank rep called and asked if she was trying again at the same store for $1,300, half the first amount. she said, no. not me. fast forward. that second charge stuck. she was on the hook for $1,300 and could not convince bank of

america she had nothing to do with it, even when she reminded how one of their reps called her while the fraud was in progress. she contacted us. we contacted bank of america. it reversed that $1,300 charge. did not issue a statement. cheers to her for setting up real time alerts. you should, too. they are easy, free and they are crucial to protecting your account, your credit and your identity. we made a video showing you how to make five other steps to protect your identity. watch it on our website, our streaming channels and our youtube page. look for the how-to play list. "the new york times" came with the 50 best restaurants in america. san francisco was well represented. it's not numbered. we don't have a ranking. one restaurant was noodle in a haystack.

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