The U.S. Securities and Exchange Commission sued Elon Musk on Thursday in an effort to compel the billionaire to testify over his purchase of Twitter last year.
Attorneys representing the SEC alleged in a complaint filed in the Northern District of California that Musk failed to appear for a Sept. 15 testimony as required by a subpoena, which the attorneys said was served to the Tesla CEO in May 2023.
Broadly, the SEC said the investigation is tied to whether anyone committed securities fraud in purchasing Twitter shares last year as Musk was buying stock in the company. Musk closed his acquisition of Twitter, now known as X, in October in a deal worth roughly $44 billion.
“Musk’s ongoing refusal to comply with the SEC’s administrative subpoena is hindering and delaying the SEC staff’s investigation to determine whether violations of the federal securities laws have occurred,” the attorneys wrote in the complaint. “Accordingly, the SEC now asks the Court to compel Musk to appear for investigative testimony.”
The SEC said it tried to find an agreeable time and place to meet with Musk, including offering to meet him at the agency’s office in Fort Worth, Texas, “the closest SEC office to Musk’s current personal residence” in the Austin area. Multiple dates were proposed for October and November of this year.
“These good faith efforts were met with Musk’s blanket refusal to appear for testimony,” the suit says.
A spokesperson for X didn’t immediately respond to a request for comment.
Lawyers for the SEC allege that Musk refused to comply with the subpoena because of “several spurious objections, including an objection to San Francisco as an appropriate testimony location.” Musk had previously raised no objection to that location.
Additionally, the SEC lawyers claim that Musk believed that the commission was using the subpoena as a method to “harass” him, thus justifying his decision to not comply. Musk also allegedly used the recent publication of his biography, written by the journalist Walter Isaacson, as another reason to not appear for testimony, claiming that the book may contain “new information potentially relevant to this matter.”
“The publication of Musk’s biography is not a legitimate basis for Musk to avoid compliance with a lawfully issued investigative subpoena,” the attorneys wrote in the legal filing. “In any event, Musk’s initial refusal to comply with the subpoena has now presented his counsel with plenty of time to review the biography for any relevant information, and so this objection is now moot in addition to being legally insufficient from inception.”
The SEC said in a statement that its “staff is continuing its fact-finding investigation and, to date, has not concluded that any individual or entity has violated the federal securities laws.”
At ThredUp‘s 600,000-square-foot warehouse in Suwanee, Georgia, roughly 40,000 pieces of used clothing are processed each day. The company’s logistics network — four facilities across the U.S. — now rivals that of some fast-fashion giants.
“This is the largest garment-on-hanger system in the world,” said Justin Pina, ThredUp’s senior director of operations. “We can hold more than 3.5 million items here.”
Secondhand shopping is booming. The global secondhand apparel market is expected to reach $367 billion by 2029, growing almost three times faster than the overall apparel market, according to GlobalData.
About 97 percent of clothing sold in the U.S. is imported, mostly from China, Vietnam, Bangladesh and India, according to the American Apparel and Footwear Association.
“When tariffs raise those costs, resale platforms suddenly look like the smart buy. This isn’t just a fad,” said Jasmine Enberg, co-CEO of Scalable. “Tariffs are accelerating trends that were already reshaping the way Americans shop.”
For James Reinhart, ThredUp’s CEO, the company is already seeing it play out.
“The business is free-cash-flow positive and growing double digits,” said Reinhart. “We feel really good about the economics, gross margins near 80% and operations built entirely within the U.S.”
ThredUp reported that revenue grew 34% year over year in the third quarter. The company also said it acquired more new customers in the quarter than at any other time in its history, with new buyer growth up 54% from the same period last year.
“If tariffs add 20% to 30% to retail prices, that’s a huge advantage for resale,” said Dylan Carden, research analyst at William Blair & Company. “Pre-owned items aren’t subject to those duties, so demand naturally shifts.”
Inside the ThredUp warehouse, where CNBC got a behind-the-scenes look. automation hums alongside human workers. AI systems photograph, categorize, and price thousands of garments per hour. For Reinhart, the technology is key to scaling resale like retail.
“AI has really accelerated adoption,” said Reinhart. “It’s helping us improve discovery, styling, and personalization for buyers.”
That tech wave extends beyond ThredUp. Fashion-tech startups Phia, co-founded by Phoebe Gates and Sophia Kianni, is using AI to scan thousands of listings across retail and resale in seconds.
“The fact that we’ve driven millions in transaction volume shows how big this need is,” Gates said. “People want smarter, cheaper ways to shop.”
ThredUp is betting that domestic infrastructure, automation, and AI will keep it ahead of the curve, and that tariffs meant to revive U.S. manufacturing could end up powering a new kind of American fashion economy.
“The future of fashion will be more sustainable than it is today,” said Reinhart. “And secondhand will be at the center of it.”
CNBC’s Deirdre Bosa asked those at the epicenter of the boom for their take, sitting down with the founders of two of the buzziest AI startups.
Amjad Masad, founder and CEO of AI coding startup Replit, admits there’s been a cooldown.
“Early on in the year, there was the vibe coding hype market, where everyone’s heard about vibe coding. Everyone wanted to go try it. The tools were not as good as they are today. So I think that burnt a lot of people,” Masad said. “So there’s a bit of a vibe coding, I would say, hype slow down, and a lot of companies that were making money are not making as much money.”
Masad added that a lot companies were publishing their annualized recurring revenue figures every week, and “now they’re not.”
Navrina Singh, founder and CEO of startup Credo AI, which helps enterprises with AI oversight and risk management, is seeing more excitement than fear.
“I don’t think we are in a bubble,” she said. “I really believe this is the new reality of the world that we are living in. As we know, AI is going to be and already is our biggest growth driver for businesses. So it just makes sense that there has to be more investment, not only on the capability side, governance side, but energy and infrastructure side as well.”
Alphabet and Disney on Friday announced that they’ve reached a deal to restore content from ABC and ESPN onto Google’s YouTube TV.
The deal comes after a two-week standoff between the two companies that started on Oct. 31. The stalemate resulted in numerous live sporting events, including college football games and two Monday Night Football games, being absent from the popular streaming service.
“We’re happy to share that we’ve reached an agreement with Disney that preserves the value of our service for our subscribers and future flexibility in our offers,” YouTube said in a statement. “Subscribers should see channels including ABC, ESPN and FX returning to their service over the course of the day, as well as any recordings that were previously in their Library. We apologize for the disruption and appreciate our subscribers’ patience as we negotiated on their behalf.”
Disney Entertainment’s co-chairs Alan Bergman and Dana Walden, along with ESPN Chairman Jimmy Pitaro, said in a statement that said the agreement reflects “how audiences choose to watch” entertainment.
“We are pleased that our networks have been restored in time for fans to enjoy the many great programming options this weekend, including college football,” they said.
More than 20 Disney-owned channels were removed from YouTube TV, which offered its subscribers $20 credits this week due to the dispute. In addition to ABC and ESPN, other networks that were unavailable included FX, NatGeo, Disney Channel and Freeform.
The main sticking point between the two companies was the rate Disney charges YouTube TV for its networks. Disney’s most valuable channel, ESPN, charges carriage of more than $10 a month per pay-TV subscriber, a higher fee than any other network in the U.S., CNBC previously reported.
It’s not the first conflict this year between YouTube and legacy media.
NBCUniversal content was nearly removed from YouTube TV before the companies reached an agreement in October, preventing shows like “Sunday Night Football” and “America’s Got Talent” from being pulled.
YouTube TV also found itself in a standoff with Fox in August that almost resulted in Fox News, Fox Sports and other Fox channels going dark on the service just before the start of the college football season. The two sides were able to strike a deal to prevent a blackout.
YouTube said it has the option for future program packages with Disney and other partners.
Disney said that access to a selection of live and on-demand programming from ESPN Unlimited, which includes content from ESPN+ and new content on its all-inclusive digital service coming later this year, will be available on YouTube TV to base plan subscribers at no additional cost by the end of 2026.
Here’s the memo that Disney executives sent to employees:
Team,
We’re pleased to share that we’ve reached a new agreement with YouTube TV, and all of our stations and networks are in the process of being restored to the service.
While this was a challenging moment, it ultimately led to a strong outcome for both consumers and for our company, with a deal that recognizes the tremendous value of the high-quality entertainment, sports, and news that fans have come to expect from Disney.
Over the past few years, we’ve led the way in creating innovative deals with key partners – each one unique, and each designed to recognize the full value of our programming. This new agreement reflects that same creativity and commitment to doing what’s best for both our audiences and our business.
We’re proud of the work that went into this deal and grateful to everyone who helped make it happen — especially Sean Breen, Jimmy Zasowski, and the Platform Distribution team for their tireless commitment throughout this process.
Thank you all for your patience and professionalism over the past several weeks. As you all know, the media landscape continues to evolve quickly, which makes these types of negotiations complex. What hasn’t changed is our focus on the viewer. Our priority is — and will always be — delivering the best experiences and the best value to fans, and we’ll continue working closely with our partners to ensure we’re fulfilling that mission for our audiences.
We’re incredibly optimistic about what’s ahead and grateful to all of you for continuing to set the standard for entertainment around the world.
Alan, Dana & Jimmy
Disclosure: Comcast is the parent company of NBCUniversal, which owns CNBC. Versant would become the new parent company of CNBC upon Comcast’s planned spinoff of Versant.