FTC subpoenas OpenAI and Anthropic in consumer-protection inquiry
The FTC has sought records from OpenAI and Anthropic on safety, privacy and safeguards; the subpoenas do not establish wrongdoing.
By Dominic Okoye · Staff Writer
· 3 min read
The Federal Trade Commission has sent compulsory information demands to OpenAI and Anthropic in a consumer-protection inquiry, seeking records on safety incidents, privacy policies, safeguards and marketing materials. The FTC subpoenas OpenAI Anthropic action puts two leading AI developers into a formal evidence-gathering phase, although the demands do not establish wrongdoing.
An FTC spokesperson confirmed to CBS News and The Hill that the agency had issued civil subpoenas to the companies. Reporting has variously described the requests as civil subpoenas and civil investigative demands; the underlying documents have not been made public. Reuters, citing Axios and a person familiar with the matter, reported that each demand exceeds 50 pages.
According to Reuters, the FTC is seeking information about security incidents, company safeguards, privacy policies and marketing materials. Ars Technica, citing Axios, reported that the marketing requests include material that could show whether consumers were misled. That is a reported focus of the requests, not an FTC conclusion about either company’s marketing.
The inquiry was launched this summer and publicly acknowledged in early October, CBS reported. Reuters had reported in September that the FTC was planning an industry-wide investigation of AI companies.
What do the FTC demands mean for OpenAI and Anthropic?
The demands are a way for the FTC to collect evidence before deciding whether further action is warranted. They are not a lawsuit, penalty or finding that either company violated the law.
The FTC says its consumer-protection bureau may use civil investigative demands to investigate potentially unfair or deceptive conduct. A CID can seek documents, testimony, tangible items, written reports or answers to questions. Recipients can ask the Commission to limit or quash a subpoena or CID, and the agency may seek court enforcement if a recipient does not comply. The FTC’s overview of its enforcement authority distinguishes the tools and says pre-complaint investigations are generally nonpublic.
Reuters reported that the FTC also plans to compel testimony from executives at Anthropic, OpenAI and the research group METR. The report did not say when such testimony would occur or identify the executives involved.
OpenAI told Reuters it would engage constructively with the FTC and continue working with regulators and policymakers on policies intended to raise the safety bar. Anthropic and the FTC did not immediately respond to Reuters’ requests for comment.
How does Trump’s AI rhetoric relate to the FTC inquiry?
It is separate political context, not an established cause of the investigation. Ars Technica reported that President Donald Trump characterized extreme warnings about self-improving AI as a “hoax,” attributing the account to a Time interview and people close to the president. The available reporting does not show that Trump’s comments prompted, directed or changed the FTC inquiry.
The practical issue for the companies is narrower: how they documented incidents, implemented safeguards, handled privacy and presented their products to consumers. The agency has not publicly released the demands, so the full scope of the inquiry remains unclear.
This story draws on original reporting from Ars Technica.
