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The SEC’s obsession with Elon Musk’s Twitter is still alive and well

Photo: Boss Hunting.com.au

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Tesla CEO Elon Musk’s Twitter feed was being questioned by SEC regulators last year, as the agency stated that his social media account had violated a court-ordered policy from a 2018 settlement that would require his Tweets to be pre-approved by company lawyers.

After Musk tweeted that he was interested in taking Tesla stock private at $420 a share in 2018, the SEC alleged that the CEO had committed fraud by communicating a potential buyout of the electric car company. The case was later settled by the SEC, Tesla, and Musk, who was required to pay $20 million in fines. Tesla also was required to pay a penalty of the same amount, and the settlement required Musk’s tweets to be examined and approved before he sent them out. Musk was also required to step down as Tesla’s chairman, a position that he would be ineligible to be re-elected to for three years, the SEC settlement said.

Musk paid the penalties and stepped down as the Chairman of the Board. However, in an interview with 60 Minutes, he admitted that he was not having his tweets regulated by company attorneys and that the First Amendment protected his speech. “Twitter is a warzone,” Musk said. “I do not respect the SEC,” he also said in the interview.

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Now, The Wall Street Journal is reporting that it has uncovered several documents from the SEC that indicated that Musk violated the court-ordered pre-approval of his tweets last year. The SEC told Tesla in May 2020 that it had failed “to enforce these procedures and controls despite repeated violations by Mr. Musk.” A former SEC Senior Official named Steven Buchholz signed the letter and stated that Tesla failed to oblige by the settlement that was agreed to.

The WSJ said it obtained the documents through a Freedom of Information Act request.

Musk’s Twitter activity was difficult to regulate. The SEC asked a New York City court to consider holding Musk in contempt of court in February 2019, but the Judge said that the dispute needed to be settled, and the SEC agreed to modify the terms of the settlement. Instead, certain topics would be required for pre-approval and included anything regarding production figures, Tesla’s financials, and potential business ventures. Musk tweeted an update in July 2019 that updated his followers on his expectations for Tesla’s Solar Roof production rate and hoped that the company could manufacture 1,000 units per week by the end of the year.

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Tesla told the SEC that the tweet didn’t require approval because it was “wholly aspirational,” meaning that it was just a hope of Musk’s and that production wouldn’t necessarily reach that level. It was a goal, not an update.

Musk then tweeted that “Tesla’s stock price is too high imo” in May 2020, another tweet that put the SEC into the realm of questioning Musk’s Twitter usage. According to the WSJ, Tesla once again didn’t review the tweet because it was Musk’s opinion.

In response to Tesla’s decision not to review the tweet, the SEC wrote (via Wall Street Journal):

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“In the face of Mr. Musk’s repeated refusals to submit his covered written communications on Twitter to Tesla for pre-approval, we are very concerned by Tesla’s repeated determinations that there have been no policy violations because of purported carve-outs.”

Tesla’s attorneys said later that month that regulators have attempted to “harass Tesla and silence Mr. Musk” with repeated investigations.

Attorney Alex Spiro was concerned that the SEC was simply targeting Musk. “The serial nature of these investigations leaves us gravely concerned that the SEC is targeting Mr. Musk for an improper purpose,” Spiro wrote.

The SEC requested that Tesla reconsider its positions in the investigations to “prevent further shareholder harm.”

A June 2020 letter from the SEC said:

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“We urge the company to reconsider its positions in this matter by acting to implement and enforce disclosure controls and procedures…to prevent further shareholder harm.”

The rivalry between the SEC and Musk continues, it seems, with no real end in sight. Spiro’s claims that the SEC is targeting Musk align with the fact that the agency has repeatedly gone after the Tesla CEO with the basis that he is manipulating stock prices or affecting shareholder integrity. In reality, Musk’s ability to tweet is protected by his First Amendment right, and a shareholder decides to buy or sell a stock, not Musk.

What do you think? Let us know in the comments below, or be sure to email me at joey@teslarati.com or on Twitter @KlenderJoey.

Joey has been a journalist covering electric mobility at TESLARATI since August 2019. In his spare time, Joey is playing golf, watching MMA, or cheering on any of his favorite sports teams, including the Baltimore Ravens and Orioles, Miami Heat, Washington Capitals, and Penn State Nittany Lions. You can get in touch with joey at joey@teslarati.com. He is also on X @KlenderJoey. If you're looking for great Tesla accessories, check out shop.teslarati.com

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Tesla launches its new branded Supercharger for Business with first active station

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Credit: Tesla

Tesla has officially launched its first branded Supercharger just months after initiating a new program that allows third-party companies to brand their own charging piles.

The site opened in Land O’ Lakes, Florida, and features eight V4 Supercharging stalls offering up to 325 kW of charging speed. It appears it was purchased by a company called Suncoast Credit Union. This particular branch is located Northeast of Tampa, which is on the Gulf of Mexico.

It features graphics of Florida animals, like alligators:

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Tesla launched this program back in September, and it basically was a way to expand its Supercharger presence and also allow companies to pay for the infrastructure. Tesla maintains it. When it announced the “Supercharger for Business,” it said:

“Purchase and install Superchargers at your business. Superchargers are compatible with all electric vehicles, bringing EV drivers to your business by offering convenient, reliable charging.”

The program does a few things. Initially, it expands EV charging infrastructure and makes charging solutions more readily available for drivers. It can also attract people to those businesses specifically.

Tesla launches new Supercharger program that business owners will love

The chargers can also be branded with any logo that the business chooses, which makes them more personalized and also acts as an advertisement.

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The best part is that the customers do not have to maintain anything about the Supercharger. Tesla still takes care of it and resolves any issues:

“We treat your site like we treat our sites. By providing you with a full-service package that includes network operations, preventative maintenance, and driver support, we’re able to guarantee 97% uptime–the highest in the industry.”

It appears the Superchargers will also appear within the in-car nav during routing, so they’ll be publicly available to anyone who needs to use them. They are still available to all EVs that have worked with Tesla to utilize its infrastructure, and they are not restricted to people who are only visiting the business.

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Tesla reveals its Cybertruck light bar installation fix

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u/Kruzat, see page for license, via Wikimedia Commons

Tesla has revealed its Cybertruck light bar installation fix after a recall exposed a serious issue with the accessory.

Tesla and the National Highway Traffic Safety Administration (NHTSA) initiated a recall of 6,197 Cybertrucks back in October to resolve an issue with the Cybertruck light bar accessory. It was an issue with the adhesive that was provided by a Romanian company called Hella Romania S.R.L.

Tesla recalls 6,197 Cybertrucks for light bar adhesive issue

The issue was with the primer quality, as the recall report from the NHTSA had stated the light bar had “inadvertently attached to the windshield using the incorrect surface primer.”

Instead of trying to adhere the light bar to the Cybertruck with an adhesive, Tesla is now going to attach it with a bracketing system, which will physically mount it to the vehicle instead of relying on adhesive strips or glue.

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Tesla outlines this in its new Service Bulletin, labeled SB-25-90-001, (spotted by Not a Tesla App) where it shows the light bar will be remounted more securely:

The entire process will take a few hours, but it can be completed by the Mobile Service techs, so if you have a Cybertruck that needs a light bar adjustment, it can be done without taking the vehicle to the Service Center for repair.

However, the repair will only happen if there is no delamination or damage present; then Tesla could “retrofit the service-installed optional off-road light bar accessory with a positive mechanical attachment.”

The company said it would repair the light bar at no charge to customers. The light bar issue was one that did not result in any accidents or injuries, according to the NHTSA’s report.

This was the third recall on Cybertruck this year, as one was highlighted in March for exterior trim panels detaching during operation. Another had to do with front parking lights being too bright, which was fixed with an Over-the-Air update last month.

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Tesla is already expanding its Rental program aggressively

The program has already launched in a handful of locations, specifically, it has been confined to California for now. However, it does not seem like Tesla has any interest in keeping it restricted to the Golden State.

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Credit: Grok

Tesla is looking to expand its Rental Program aggressively, just weeks after the program was first spotted on its Careers website.

Earlier this month, we reported on Tesla’s intention to launch a crazy new Rental program with cheap daily rates, which would give people in various locations the opportunity to borrow a vehicle in the company’s lineup with some outrageous perks.

Along with the cheap rates that start at about $60 per day, Tesla also provides free Full Self-Driving operation and free Supercharging for the duration of the rental. There are also no limits on mileage or charging, but the terms do not allow the renter to leave the state from which they are renting.

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The program has already launched in a handful of locations, specifically, it has been confined to California for now. However, it does not seem like Tesla has any interest in keeping it restricted to the Golden State.

Job postings from Tesla now show it is planning to launch the Rental program in at least three new states: Texas, Tennessee, and Massachusetts.

The jobs specifically are listed as a Rental Readiness Specialist, which lists the following job description:

“The Tesla Rental Program is looking for a Rental Readiness Specialist to work on one of the most progressive vehicle brands in the world. The Rental Readiness Specialist is a key contributor to the Tesla experience by coordinating the receipt of incoming new and used vehicle inventory. This position is responsible for fleet/lot management, movement of vehicles, vehicle readiness, rental invoicing, and customer hand-off. Candidates must have a high level of accountability, and personal satisfaction in doing a great job.”

It also says that those who take the position will have to charge and clean the cars, work with clients on scheduling pickups and drop-offs, and prepare the paperwork necessary to initiate the rental.

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The establishment of a Rental program is big for Tesla because it not only gives people the opportunity to experience the vehicles, but it is also a new way to rent a car.

Just as the Tesla purchasing process is more streamlined and more efficient than the traditional car-buying experience, it seems this could be less painful and a new way to borrow a car for a trip instead of using your own.

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