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Transcripts For WCBS CBS Overnight News 20160127

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a paid presentatio today, we learned why a texas grand jury investigating planned parenthood indicted two of its critics instead. the anti-abortion activist went undercover to shoot controversial videos of planned parenthood employees. here is jan crawford. >> reporter: the undercover videos were explosive. >> don't lowball it, tell me what you really -- >> $75 a specimen. >> reporter: they sparked criminal investigation as cross the country into whether planned parenthood was illegally selling aborted fetal tissue. the surprise indictment by a texas grand jury said undercover david dalieden broke the law when they they allegedly used fake california driver's licenses and posed as buyers of fetal parts. daledein says their undercover techniques were the same as journalists underscored by constitutional scholars like cornell university's michael dorf. >> this could set a precedent and chill undercover investigations by legitimate journalists. >> reporter: tactics often used by citizen journalists activists from environmentalists to animal rights groups seeking to expose wrongdoing. just last summer activists within a significant free speech victory when a federal judge struck down an idaho law banning undercover operations in the dairy industry. judge lynn windmill referenced "the jungle" when upton sinclair went undercover in the chicago meat packing industry, exposing unsanitary conditions of meat processing plants in the 1900s. >> a lot of these institutions are operate in secret so you need somebody to go under false pretenses because otherwise there is no way the public will get access to them. >> reporter: it also raises a question of who is a journalist? activists as oppose to reporters from a news organization. now, scott, everyone can post things online and say "this also is journalism." >> jan crawford tonight. jan, thank you. now, we have a cbs news investigation into a charity for wounded veterans. what caught our attention is how the wounded warrior project spends donations as compared to other long-respected charities. for example, the disabled american veterans charitable service trust spends 96% of its budgets on vets. fisher house devotes 91%. but according to public records reported by charity navigator, the wounded warrior project going? chip reid and producer, jennifer janisch found out. >> with a gift of $19 a month you can join wounded warrior project. >> reporter: in its commercials, they appeal to the american public's generosity. and it works. in 2014 alone, the group received more than $300 million in donations. >> their mission is to honor and empower wounded warriors. what the public doesn't see is how they spend their money. >> reporter: army staff sergeant came home from iraq with a bronze star and purple heart and traumatic brain injury and ptsd. initially admired the charity's work and participated. president. >> staff sergeant eric milette. >> he took a job as public speaker with the organization, but quit after lavish spending for parties for executives and >> you are using our injuries, our darkest days, our hardships, to make money. so you can have these big parties. let's get a mexican mariachi band, get it catered, have a big old party. staying at a lavish hotel at the beach here in jacksonville, one ocean. and requiring staff that lives in the area to stay at the hotel. >> reporter: cbs news spoke to more than 40 former employees who described a charity where spending was out of control. the two former employees were so fearful of retaliation they asked us not to show their faces. >> it was extremely extravagant. dinners and alcohol and just total access. >> reporter: for a charitable organization serving veterans, all this expense on, expensive fraud, waste and abuse. >> reporter: according to charity tax forms, spending on conferences and meetings went from $1.7 million in 2010 to $26 million in 2014, the same amount the group spend on combat stress recovery. its top program. former employees say spending skyrocketed since steven took over. many point to colorado springs as his style. >> he rappelled down the building. >> to make a grand entrance. >> he has come in on a segue, a horse. >> reporter: 500 staff members attended the four day conference in colorado. the price tag $3 million. >> don't want you to have a donors don't want-up to fly to a five star resort and woop it up and call it team building. declined interview requests for nardizzi, but offered, captain ryan kules. he denied there was excessive spending on conferences. >> it's the best use of donor dollars to provide services and programs to our warriors and their families. and the highest quality. >> reporter: why go to a five star resort in colorado when you could do it in jacksonville and save money and spend money on wounded warriors? >> like i have said, the reason that we are providing those conferences to ensure we are aligned able to build as a team and be able to be aligned. >> you are just going to keep saying that no matter what" i ask about all-hand conferences. >> okay. >> wounded warrior project and donor dollars trained me to speak and be a voice. that's exactly what i am doing. i am sorry, i will be damned if you will take hard working americans money and drink it and >> ryan kules of wounded warrior project told us the charity did not spend $3 million on the colorado conference but was not there and was unable to tell us what it did cost. scott, he also denied the charity spend money on alcohol or engages in any other kind of excessive spending. >> chip reid breaking the investigation tonight. chip, thank you. by the way, tomorrow, cbs "this morning" will continue chip's investigation. former employees say that the programs don't provide comprehensive help to veterans. today a medical advisory panel recommended all pregnant women and new mothers be screened for depression. this is based on new evidence that suggests postpartum depression often begins during pregnancy. government researchers also suggested that all adults, men and women be screened because nearly 7% of americans suffer depression. another concern tonight, for pregnant women, the zika virus today the cdc added u.s. virgin island and dominican republic in its travel warnings. 12 cases reported in puerto rico. the mosquito born virus islinged to a serious birth defect, our dr. jon lapook is joining us. what do we know? >> reporter: the medical community is watching zika closely because it spread to 20 countries around the world with more than 1 million cases in brazil alone. pregnant women warned not to travel to these places. zika causes mild or no symptoms in most people. but in pregnant women linked to baby's born with microcephal ycht, abnormally small head. a dozen cases of zika infection in the u.s. since last year. all patients are believed to have gotten the virus abroad before coming here. >> so, no infections originated in the u.s. tell us about concerns that that could happen? an infected mosquito could bite someone in brazil. that person could come to the united states. the virus stays in the blood stream seven days. now an uninfected mosquito in the u.s., bite the infected person. pick up virus. turn around and bite an uninfected person. now the virus spreading in the united states. there is no treatment. no vaccine. experts are urging prevention and definitely research. >> jon lapook. thank you very much. stay right here with us. jon will be right back with a new study on why women are more likely than men to die of heart attacks. also ahead, a marathon dog. so stay. stay. it's not always as easy for me as it is for him... it's easy for me cause look at her. aw... so we use k-y ultragel. it enhances my body's natural moisture so i can get into the swing of it a bit quicker. and when i know she's feeling like that, it makes me feel like we're both... when she enjoys it, we enjoy it even more. feel the difference with k-y ultragel. 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(politely) wait, wait, wait! you can't put it in like that... ...you have to rinse it first. that's baked-on alfredo. baked-on? it's never gonna work. dish issues? trust your dishwasher with cascade platinum. it powers... through... your toughest stuck-on food. better than finish. cascade. i did everything i could to make her party perfect. almost everything. you know, 1 i n 10 houses could get hit by an expensive septic disaster. but for only $7 a month, rid-x helps break down waste. men and women are not equal when it comes to heart attacks. often the symptoms and causes are different. according to a new statement by american heart association. here again, is dr. jon lapook. >> reporter: two years ago, 54-year-old vanessa noel a shoe designer started having what she called episode. >> i felt chest tightening more than the chest tightening it was radiating up to my bottom jaw. >> three doctors missed the diagnosis. four months later while in the middle of an ultrasound of her heart, the cause became very clear. >> i was told i had a heart attack. and that i was a very lucky girl. that i got there so quickly. if i had left her office, the doctor told me, and did this on the street, i wouldn't have survived. >> heart disease in women is underresearched, underdiagnosed and undertreated. >> reporter: dr. holly anderson cardiologist with perlman heart institute at new york presbyterian. >> not surprising once a woman gets diagnosed with heart likely die from it than a man. >> reporter: the statement find 26% of women die in the first year after a heart attack compared to 19% of men. during treatment, complication rates are higher for women. and while chest pain is still the most common symptom for men and women, women are more likely than men to have atypical symptoms, fatigue, nausea, or pain not in the chest. in fact, 42% of women with heart attacks experience no chest pain. >> women are harder to diagnose, but even if they're diagnosed correctly, they will be less likely to receive all of the guideline derived medications to treat this disease. >> reporter: diagnosis in women is more challenging, symptoms like fatigue and nausea won't point directly to the heart. there is also undertreatment after a heart attack. less than 20% of women get cardiac rehab, which is kidded standard therapy, scott. >> what's being hidden by one of rome's most famous museums? we'll show you next. approaching medicare eligibility? don't put off checking out your medicare options until 65. now is a good time to get the ball rolling. medicare only covers about eighty percent of part b medical costs. the rest is up to you. that's where aarp medicare supplement insurance plans insured by unitedhealthcare insurance company come in. they could help save you in out-of-pocket medical costs. taking informed steps really makes a difference later. that's what it means to go long . call now and request this free decision guide and explore the range of aarp medicare supplement plans. all plans like these let you that accepts medicare patients. these are the only medicare supplement insurance plans endorsed by aarp. call now and request your free decision guide... and start gathering the information you need to help you go long . you couldn't do anything about that driver running that red light. you couldn't do anything about him hitting you while you were in the crosswalk. you couldn't do anything about all those missed paychecks. but you can do something about getting the person responsible to pay. you can call jacoby & meyers. we've been winning pedestrian knock-down cases news tonight of a major cover-up in rome. wooden panels were placed over ancient nude statues so as not to offend iran's president, hassan rouhani in town to round up business deals now that the economic sanctions have been lifted. >> a hound dog let out of her house in elkmont, alabama the other day because she had to go and she went. wandering into a 13-mile half marathon. ludivine strayed off course, once to check out a dead rabbit. with twice as many legs as other runners she managed to finish seventh and earn a medal. no one was more surprised than ludivine was really lazy and apparently dog tired. finally tonight, few people could say as much as saying nothing as abe vigoda. it was that face. the deadpan that could crack an audience up even before he opened his mouth. the actor was best known as ever-suffering detective phil fish, on the sitcom "barney miller." >> who are you going to listen to, me or your computer? >> doesn't look good. >> you won't believe this according to their record, i'm deceased. >> it's probably a mistake. >> abe vigoda was mistakenly reported dead decade ago and his status dead or alive became a running gag the rest of his life. prominence in a serious role on the other side of the law as the mobster who betrayed michael corleone. >> tell mike it was only business. i always liked him. >> he died today at 94. and that's the "overnight news" for this wednesday. for some of you the news continues. for others check back with us just a little later for the morning news and of course "cbs this morning." from the broadcast center in new york city, i'm scott pelley. the many kinds of stories, big and small all affect you one way or another. we ask on every story -- is it right? is it fair? is it honest? we are going to the original source, the people who know and report the facts. the "cbs evening news" with scott pelley, week nights. >> announcer: this is the cbs overnight news. welcome to the overnight news. a state of emergency remains in effect in pacifica, california where parts of the town are in danger of falling into the sea. pacifica, a beach front community south of san francisco with commanding views of the ocean. but the cliffs are crumbling under the rerentless pounding of waves and driving rain. evacuations ordered. john blackstone is there. >> reporter: at a cliffside apartment building in pacifica, california, police posted notices telling people they have to go. danger had become too great as the cliff started falling dramatically into the ocean. >> got to do what we got to do. >> reporter: michelle moved in two months ago to an apartment with an unparalleled ocean view. >> reporter: where are you going to go? >> i have no clue. the cliffs in pacifica can rise 100 feet. when the base is pounded by high surf, the bluff is undermined why big boulders have been brought tine slow erosion. when powerful winter storms hit, the cliffs take a beating, and left buildings teetering on the edge. two apartment buildings have been sitting empty since 2010. when they were deemed dangerously uninhabitable. since then, four years of drought in california meant few storms, and the cliffs remained stable. until this winter when heavy rain returned. pacifica has seen this before. in 1998, the last big el nino years, constant winter storms washed away the cliffs leaving below. others had to be torn down. bard willoughby knew the bidding where he lived would one way meet the same fate. >> here it is. the saying goes if you are not living on the edge you are taking up too much space. >> reporter: the order to evacuate the building was criticized by the building owner at a city council meeting last night. >> to throw all the residents and tenants out in a couple hours is really unfair. it is very hard on them. and i am going to be filing an appeal on this decision made by the city. >> reporter: the city manager insisted the danger is real. >> we knew this day was going to come. we didn't know when the we were trying to put it off as long as possible. not an action we took lightly. >> reporter: michael mchenry had his belongings in boxes and was anxious to move. told the city council he is now homeless. >> how am i supposed to keep my >> reporter: a fate more pacifica citizens could face. 5,000 people here live in the city's threatened coastal zone. half pacifica's businesses are located there too. john blackstone, pacifica, california. >> in southern california the manhunt for three inmates who escaped. from a maximum security lockup. the people who live in and around santa ana are becoming increasingly worried as details of the men's alleged crimes becomes public. >> reporter: all three men are now facing federal charges of escaping jail. authorities say they could still be in this area and are considered armed and dangerous. investigators have served 30 search warrants and have come up empty. we do want to warn you some of what you are about to hear is considered graphic. >> we know somebody out there knows something. >> reporter: the orange county sheriff department asked the public for help monday. [ speaking foreign language ] and sent a message to the vietnamese community. >> extremely important for them to reach out let nice where they're at. 20-year-old jonathan tieu, facing murder charges is linked to a vietnamese gang. and bac duong thought to have gang ties. 37-year-old, hossein nayeri accused of kidnapping and torture. nayeri with an accomplice, allegedly, tortured a man with fire. >> also poured bleach all over him and in the end he cut his penis off. >> i'm scared. >> people who live in the community near jail are frightened. >> these people are that bad. how did they get out of jail? >> he is incredibly violent. >> reporter: orange county prosecutor heather brown says that his trial its set for next month. >> the acts that he committed are nothing short of diabolical. to lose him to this at the last minute. >> reporter: authorities believe the men escaped from central men's jail friday morning. held in a cell with at least 60 other inmates. the escapees cut their way into the building's plumbing tunnels. law enforcement says the group rappelled down five floors using a rope made of linens. if the men are found, they are facing new 15-year federal charges for escaping jail. right now investigators are also looking into how they got their tools. and if they got help. but so far, no one here at the sheriff's department has been put on leave or has been suspended. the countdown has begun as people of iowa prepare for the first in the nation presidential caucuses monday. the polls seem to change daily. one conducted by fox news shows hillary clinton with a six-point lead over bernie sanders in iowa. 48%-42%. on the republican side, donald trump with a two-point lead over ted cruz. and marco rubio third. the presidential hopefuls are pressing flesh in iowa ahead of the debate. major garrett reports. >> donald trump is essentially carolina. which means a victory here could make trump's once improbable bid for the republican nomination hard to stop. ted cruz comes to places like this urging rural iowans to scrutinize trump's record and urge issues that hobbled front-runners in this state before. >> you know this its now crunch time. right. >> in the final sprint. 172 hours. >> reporter: that much donald trump and ted cruz agree on. >> wow. >> campaigning in new hampshire. trump urged supporters many of them newly engaged in the political process to focus on voting. >> you have to bring it home, right? we have to have a mandate. have to do well. we have to -- get big numbers. >> february 9th. >> get out and vote. >> gop front-runner railed against his top opponent, ted cruz, backed by reliable voters. >> he's falling. nervous. concerned and should be. >> rolling through the greatest hits of his favorite cruz attacks. >> the canadian, man from canada. >> he didn't report that he has loans from, goldman sachs. >> reporter: amidst of advertising cruz fired back with a new commercial hitting trump on an issue historically vital to iowa's social conservatives. abortion. >> i am pro-choice in every respect. in iowa, cruz is claiming the mantel of underdog, branding trump establishment darling, one gop power brokers are trying to turn. >> trump will cut a deal x expand government spending, expand the debt. >> trump who celebrates "the art of the deal." said cruz's inflexibility would doom his agenda. >> look, at a certain point. you have got to make deals. we can't have a guy who stand on the senate floor and every other senator thinks he is a whack job, right. >> republicans will participate in their final televised debate. before the iowa caucuses. trump may not be there threatening a boycott of fox moderator megyn kelly. and as we know. trump threatened boycotts before and participated in every debate. i could tell you being here in a cow barn i never felt closer to the particular part of the boycott debate campaign story. did you know there's a cough liquid that lasts for twelve hours? 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i said no. he said we got a white man. they're going to say you shot him. going to have a white da. you are going to have a white judge. you are going to have a white jury more likely. and he said, all of that spells conviction. conviction, conviction. that's what it doesn't matter that i didn't do it. he said not to me. >> reporter: the lieutenant denied saying that. but hinton was convicted at age 30. he was 57 when the u.s. supreme court ruled 9-0 his defense had been ineffective. a new ballistics test found that the gun was not the murder >> 30 years ago, a judge proudly stood up. and said -- i sentence you to die. 30 years later. no one had the decency to say -- mr. hinton we sorry for -- we sorry for what took place. no one have said it. >> reporter: what did the state of alabama give you to help you get back up on your feet? >> they dropped all charges that >> reporter: no money. no suit of clothes. >> nothing, no. >> reporter: and that is where many states are failing the growing number of exonerated prisoners. it turns out in alabama, if ray hinton had committed murder and was released on parole, he would have been eligible for job training, housing assistance, and a bus ticket home. but most states offer no immediate assistance to the innocent whose convictions can be embarrassing because of misconduct or incompetence by police or prosecutors. >> you can't traumatize someone, try to kill someone, condemn someone lock someone down for 30 years and not feel some responsibility for what you have done. >> reporter: attorney brian stevenson worked on ray hinton's case for 16 years. stevenson started equal justice initiative, organizations overturning false convictions. >> they need support. economic, housing, medical, mental health care, they need to know that their victimization, their abuse, has been taken seriously. >> just absolutely unimaginable, i couldn't even explain the horror of it. >> ken ireland lost 21 years. he was misidentified by witness reward. convicted in a 1986 rape and murder, dna proved his innocence. >> good morning. >> good morning, sir. >> reporter: because of the rare perspective of an innocent man who has done hard time, the governor put ireland on connecticut's parole board. >> at some point in your life, sir, you have to step up. >> so this is your new cell? >> yeah. for eight hours a day. >> reporter: it took five years to got this job. at first he lived with his sister and he found work as a counselor for troubled kids. >> i got a small apartment in town. there have been nights where i barricaded myself in a walk-in closet. slept in there, thinking, that someone is going to come kick down my door and drag me back. >> reporter: you slept in a closet? >> yeah, yeah, a few times i are you over that now? six years later. >> i don't have the issues now. >> reporter: one thing that made it easier is a connecticut law that compensates the wrongly convicted. a year ago ireland was the first to get a check. what did the state give you? >> $6 million. >> $6 million. >> more than most states are giving. >> it comes to something like $300,000 a year. >> right. >> for every year you spent in prison. >> yeah. >> you say it is not worth it? >> absolutely. give me $5 million every year. still wouldn't be worth it. >> reporter: ken ireland was fortunate. 20 states offer no compensation at all. one is julie bahmer's home, michigan. >> other than the time what have you lost? >> everything. everything. my life is nothing as it was. >> reporter: in 2003, bahmer was a mortgage broker raising her sister's baby. he became ill. she took him to an emergency room. doctors there suspected the boy she was convicted of child abuse. she was in her fifth year in prison when new evidence showed that the boy had suffered a natural stroke. she was retried, acquitted, and the judge apologized. after she was released for a time, she was homeless. >> how did you start over? >> it was very, very, very rough. you start from the bottom. reclaiming your identity. i didn't have an i.d. after i jumped over that hurdle, you start applying for jobs. then you have to go through, okay, now there is a five year gap on your resume, why is this? you tell your potential employer the truth. and in my case, i never got phone calls back. >> there was no support for you of any kind? >> no. >> julie bahmer works for a detroit area parish. >> thank you, god bless. >> in her spare time lobbying michigan's legislature for a compensation law. >> no amount of money can ever bring back everything that i have lost. >> no one can fail to see the injustice in these cases, but when it comes to compensation there are people watching this interview who are saying, you know, it was just bad luck. and, and we don't necessarily owe them for the life that they lost. >> this isn't luck. this was a system, this was actually our justice system. it was our tax dollars who paid for the police officers who arrested mr. hinton. our tax dollars paid for the judge and the prosecutor that prosecuted him, paid for the experts who got it wrong, paid to keep him on death row for 30 years for a crime he didn't commit. this has nothing to do with luck, but everything to do with the way we treat those who are vulnerable in our criminal justice system. >> see scott's full report on our web site. cbsnews.com. the overnight news will be right back.lief from heartburn with it neutralizes stomach acid and is the only product in the stomach where it belongs. for fast-acting, long-lasting try gaviscon . it's not always as easy for me as it is for him... it's easy for me cause look at her. aw... so we use k-y ultragel. it enhances my body's natural moisture so i can get into the swing of it a bit quicker. and when i know she's feeling like that, it makes me feel like we're both... when she enjoys it, we enjoy it even more. and i enjoy it. feel the difference with k-y ultragel. here in the city, parking is hard to find. seems like everyone drives. and those who do should switch to geico ah, perfect. valet parking. hello! here's the keys. and, uh, go easy on my ride, mate. hm, wouldn't mind some of that beef wellington... to see how much you could save on car insurance, go to geico.com. ah! (car alarm sounds) it's ok! seriously? where do you think you're going? to work, with you. it's taco tuesday. you're not coming. i took mucinex to help get rid of my mucusy congestion. oh, right then i'll swing by in like 4 hours. forget the tacos! one pill lasts 12 hours. i'm good all day. wait! your loss. i was going to wear a sombrero. only mucinex has a bi-layer tablet that starts fast, and keeps working. not 4, not 6, but 12 full hours. start the relief. ditch the misery. the super bowl returns to cbs a week from sunday when the denver broncos take the field against the carolina panthers. for many of those watching the game is just a side show for the real entertainment, the super bowl ads. this year, 30-second spot is selling for $5 million. we spoke to four people in the know about some of most >> the stakes are high. >> you have that big viewing audience. everybody has the pressure on to be as great as possible. >> you are playing like betty white out there. >> that's not what your girlfriend said. >> a super bowl commercial makes everyone bring their a game. >> for me super bowl was just about commercials as a kid. >> it's become, you know, must see viewing for everybody, really. >> go back and look over the earliest super bowls, the commercials, it's amazing. >> my shave cream. last night was rougher than i thought. >> wasn't much pressure for advertisers to stand out from the clutter. completely different universe. >> if you don't buy rca, you may be buying obsolete color tv. history, evolution, start with the apple ad. >> from the industry point of view, completely changed the game. >> for the first time people realize we need to do something that is going to have buzz value, get talked about. we are going to have to take more risk. >> i still get chills thinking the ad for the first time. just one look >> many years ago i was invited to do a commercial for pepsi and it was to launch their new can. it was one of the commercial that had everything. it had great music, it was sexy, and hot, but funny. your love >> is that a great new pepsi can or what? >> i think that's why people loved it. >> four of five dentists surveyed would recommend trident. for trident. >> would you recommend -- >> why didn't the fifth dentist recommend trident? >> it only cost $200,000 to produce. it was in the top ten for the super bowl that year. the super bowl is a career making move. career making move for people in the advertising. it can introduce new talent. >> before the commercial i was pretty much just modeling wanting to kind of get my foot in the door for acting. and tv. and so, that was just like -- the big boom. during it i was wearing nude underwear and a nude bra. at the end of the scene when you see me. >> introducing the all natural burger. >> what's criteria. i don't know but i have it. >> anheuser-busch has been one of the great advertiser that comes back every year. >> think what's up, right? >> what's up? >> what started to do was do advertising on the super bowl that didn't just excite people watching the game. >> the language in that advertising made its way to pop culture. >> one of most famous ad ever made was the budweiser clyde dale ad called we'll never forget. think what they did with the clyde dales after 9/11. serious for the super bowl, but it was the right thing to do at that moment. >> i think for super bowl you want to see the commercials as much as you want to see the game. >> this is the motor city. this is what we do. >> if i am a cultural anthropologist, 100 years from now first thing i do is look at super bowl advertising. >> hey, ralph can i have a dorito? >> a way to understand what we were about at any given time. >> the cbs overnight news will be right back. we are going to the original source. the people who know. that's when we know we can report the facts. the "cbs evening news" with sc >> i'm alex trebek. if you're age 50 to 85, i have an important message about security. write down the number on your screen, so you can call when i finish. the lock i want to talk to you about isn't the one on your door. this is a lock for your life insurance, a rate lock, that guarantees your rate can never go up at any time, for any reason. but be careful. many policies you see do not have one, but you can get a lifetime rate lock through the colonial penn program. call this number to learn more. this plan was designed with a rate lock for people on a fixed income who want affordable life insurance that's simple to get. coverage options less than 35 cents a day. act now and your rate will be locked in for life. it will never increase, guaranteed. this is lifelong coverage that can never be cancelled as long as you pay your premiums, guaranteed. and your acceptance is guaranteed, with no health questions. you cannot be turned down because of your health. call for your information kit and read about this rate lock for yourself. you'll also get a free gift with great information both are free, with no obligation, so don't miss out. call for information, then decide. read about the 30 day, 100 percent money back guarantee. don't wait, mcdonald's making a big come back. after years of falling market sharks the -- share, the fast breakfast for a jump in sales in inside a mcdonald's on keep up with what the customers want. >> reporter: this want any old mcdonald, this is one of the first in with customizable kiosk, a jiendgiant ipad that lets it. trying to keep up with >> savor breakfast any time you like. >> reporter: more than three months after mcdonald's made breakfast an all-day affair. >> all day breakfast. >> reporter: the move appears to be satisfying customer cravings profits. the fast food giant reported on monday that u.s. same store sales jumped 5%, make up for lost ground against burger king, wendy's and taco bell. >> this is an organization closing in on serving something like 70 million people a day. it is a battleship. turning a battleship is very, very hard. give them credit for some of the speed at which they have dealt with these, use. >> reporter: those, use included criticism for the restaurant's super size menu and allegations of using unhealthy unethically raised ingredients. facing stiff competition from premium chains like shake shack and chipotle. since steve easterbrook took over mcdonald's the company has become more transparent about its ingredients, simplified its menu and beefed up how customers can use it. >> there is one. there is two. menu, a digital app to help find and kiosks that let you create your ownburgers. >> customization issue is a big deal. the idea of customization suggests the food is fresher that it lights all day. >> reporter: the tailored customer experience is a new things. our way. sunset have it your way >> reporter: and the trend is starbuck's offers 80,000 drink a taco bell app allows you to preorder. >> the idea you can have something the way you want is millenial and distinctly american now. used to being able to do things exactly the way we want them.

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