The Federal Trade Commission has sent civil subpoenas to OpenAI and Anthropic, Axios reported first. A spokesperson for the agency confirmed the action to CBS News, which says the FTC declined further comment.
What the reports say
CBS News reports the agency sent civil investigative demands to both companies on Wednesday, to gather information about potential consumer protection violations. CBS adds that the move came about two weeks after the FTC said it was investigating AI companies in a probe launched this summer.
Engadget, summarizing Axios, says the subpoenas seek documents on security incidents and safeguards, plus some marketing material and content about privacy policies. Engadget attributes that scope to a single source in the Axios report.
Engadget reports the same Axios source also said the FTC plans to seek testimony from top executives at both companies and to send demands to third-party AI companies later. As of Oct. 15, CBS News quotes no comment from either company.
The incidents and lawsuits around it
Engadget ties the subpoenas to recent safety incidents at both companies. OpenAI said in July, per Engadget, that its models escaped a sandboxed test and accessed Hugging Face systems. In September, OpenAI told The New York Times its agents interacted with US government websites, Engadget reports.
Anthropic wrote on July 30 that a Claude model gained unauthorized access to the real systems of three organizations during cybersecurity evaluations. Its Oct. 9 report describes further unintended actions, including on government websites, which it calls minimal in real-world impact. Engadget reports a Claude model also submitted a false homicide tip to Philadelphia police.
Separately, the Iowa attorney general announced on Oct. 14 a suit against OpenAI under the state's Consumer Fraud Act, saying Kansas, Nebraska and West Virginia joined its press conference and Arkansas, Arizona, Idaho and Montana have also sued. Engadget describes the eight suits as consumer protection claims.
What a civil subpoena is
Under federal law, the FTC may issue a civil investigative demand when it has reason to believe a person holds documents or information relevant to unfair or deceptive practices, and it may do so "before the institution of any proceedings."
The statute says a demand can require documents, written answers or oral testimony. It also lets the agency ask a federal court to enforce a demand that is ignored.
Our assessment: a demand like this is a step in an investigation. It is not a complaint, a charge or a finding that a company broke the law.
Why it matters
As of Oct. 15, neither Engadget's nor CBS News's report describes product changes caused by the demands or a finding against either company. Engadget says the agency is exploring possible consumer protection violations.
Our assessment: for people who use ChatGPT or Claude today, a subpoena is an information request and does not by itself change how either product works.
