jan rogers is gloating and herb green burg.et about jc penney same-store sales i said they would not wouldn't be positive four quarters in a row. three out of four. you wrote me last night, i had to get out of my car. i was so angry. you basically said, eat this, sullivan. you're now completely wrong. >> i brought your towel back. can you toss it in, if you would like to. >> you want me to throw this in on jcpenney? >> you got it. >> i'm happy they're doing well. i'm surprised. i could sell 100% comps if i give everything away. here's your towel. >> are they making any money? no, i'm not going so say they're making any money. i think their fourth quarter is going to be better than first quarter. year over year was positive. i think it's getting better. i think they'll be in the 30s here in the fourth quarter. i think the comps will be at least mid-singles, if they have a horrible december, as you pointed out. i think they'll have a solid december. i think they're getting better. i think you'll lose your bet big time. also think

joining us, jan rogers kniffin and mark. is it a bargain day or media hype?of media hype about cyber monday but the deals are fantastic. we're seeing deals start earlier and earlier every year. >> doesn't that mean it's not cyber monday if they start on monday? >> they start on sunday. >> that's not cyber monday. >> today we are seeing fantastic deals. we really are. >> they're better than sunday or tuesday. >> the tech deals significantly decrease on cyber monday. sib other monday is the undefeated champion in clothing and shoe deals. >> jan, what say you? i'm obviously mocking it. >> it was credited in shop.org when people went to work to use the high-speed internet connection. do we care? >> we do care. we're retailers. we love black friday and cyber monday. do i think the deals are only on cyber monday? some are. but some started earlier in the week. black friday deals started last sunday in a lot of cases, in the stores. that's the first year i've seen that to that level. next year we'll open at 6:00, not 8:00. start deals on sunday before black friday.

> he had an alegion jans with a street gang and there was a lot of respect that he got with the street gang, a lot of authority with the street gang and position. and recently, rogerterminated his association by removing the tattoos on his arm which is a measurable feat. >> how significant of a step is that for somebody who's been affiliated with a gang to remove the gang signs from themselves? >> a monumental step, a remarkable feat. >> do you believe it would be safe for him to be released to the care and custody of his mother. >> yes, i do zmoos that's all the questions i have. rod, what brings you here today. aware being karnledded with he ever resisting law enforcement. are you going to cooperate with the prosecutor's osts in identifying the person whose marijuana it was. >> i will do that because it's not mine. i'm not going to jail for nothing that's not mine. i've been working too hard this year. i have improved my whole life. my mother told me a long time ago when i was at boy's school if i ever in my life from now till the time i'm dead, did i ever got locked up she wouldn't be here now. and you know i felt that's why i know my mother believed me and she

jan kniffen. he's a cnbc contributor. by the way, and we're going to get it -- tony's staying, so you get a last word later. where is the j. rogers>> that's my middle name. >> oh. did you know that? i didn't realize the rogers part. anyway, doesn't matter. >> and there's been rogers all back through my family. >> okay. on retail, here's what i want to know. jc penney, which has been sort of the company we all keep watching as -- i don't know if it's a bell weather of a return story or not. we saw what happened with best buy last year and that was an amazing story. is jcp going to be in that category a year from now? >> i came on here and talked about best buy when he made his presentation and said, this guy's got it right, it'll work. they have it right at penneys, as right as they're going to get it. but, yes, it's getting better. they had a decent christmas, a good november. they're probably 85% on the product in the store right now. they'll be 90% some time in the spring. it will get gradually better. they've got the sg & a under control. they're not going to have expense problems. their gross margin will probably run 31% here